1) These terms and conditions apply to Postcard to the Past run by Sykes Cottages and by entering into the postcard generator, entrants will be deemed to have read and accepted these terms and agree to be bound by them. Those who do not agree will not be entered into the competition.
2) CONTENT RESTRICTIONS: Entrants must not include any of the following content in any entry:
i) pornography, adult-oriented content or any other sexually-explicit material;
ii) explicit language or content, images of violence, or promotion of illegal activities;
iii) content which infringes intellectual property rights or laws;
iv) content which is defamatory or maliciously false;
v) content which brings or is likely to bring the company, its website or Sykes Cottages into disrepute;
vi) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis;
vii) content owned by any party other than the entrant or the company (e.g. recorded music; pre-produced video, etc.);
viii) material that is unlawful, or which may constitute a criminal offence including (without limitation) the Communications Act 2003, Malicious Communications Act 1988 or any other legislation in force during the competition.
3) By using the postcard generator, every user agrees:
(a) confirms that his/her entry is an original copyright work (as defined by the Copyright, Designs and Patents Act 1988) and that he/she owns all right, title and interest in the entry or has all necessary rights and authorisations to submit it and the express permission of all individuals, content and materials embodied or featured in the entry to submit it for possible use as provided for in these terms (and will procure that any individual featured will enter into an appropriate image release where necessary);
(c) grants to the company the perpetual and unlimited right and license to use, license, edit, modify, duplicate and/or create derivative works from the submissions throughout the world and in perpetuity, including, but not limited to, the right for the promoter to publish, display, broadcast, distribute, reproduce, perform, create derivative works from and otherwise use the entry via the internet or any other interactive media, on television, in print and/or any other media currently existing and hereafter developed and without limitation and without compensation to the entrant,
(i) on its own or as part of any audio-visual or other production;
(ii) to advertise any of Sykes Cottages products;
(iii) for any other purpose whatsoever.
(d) Any works showcased on the site will nonetheless be credited to those who submit them, the size of which is at the company’s discretion.
4) Entrants agree that the company will be entitled to edit entries as it deems fit in accordance with current advertising regulations and will not be obliged to make any use of any part or all of a entry.
5) Entrants are solely responsible for Internet connectivity, software and/or hardware that may be required in order to create and/or submit any entry.
6) Entries must not be sent through agencies or third parties.
7) By using the postcard generator, the users agree to participate in publicity, should it be required. This may include use of their name and image in online and offline publicity, communications, and in any other media worldwide without any fee being paid.
8) The company will not be liable for any problems or technical malfunction of any telephone network, cable, satellite, Internet Service Provider (ISP) or lines, computer systems, servers, or providers, computer equipment, software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any damage to the user’s or any other person’s computer related to or resulting from participation or downloading any materials relating to this postcard generator.
9) All conditions, warranties and other terms which might otherwise be implied by statute or common law are expressly excluded from these Terms.
10) Nothing in these Terms will exclude or limit the company’s liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation.
11) Entrants agree that by using the tool their personal details may be stored and otherwise processed by the company for the purposes of administering the postcard generator and for the marketing and sending of other special offers where you have consented to receive the same.
13) In the event of any dispute regarding these terms, conduct, results and all other matters relating to the postcard generator, the decision of the company will be final and no correspondence or discussion will be entered into.
14) If any provision of these terms (or part of any provision) is found by any court or other competent authority to be invalid, unenforceable or illegal, the other provisions will remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision will apply with whatever modification is necessary to give effect to the commercial intention of the parties.
15) No failure or delay by a party to exercise any right or remedy provided under these terms or by law or any abandonment of any such right or remedy will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy will preclude or restrict the further exercise of that or any other right or remedy.
16) These terms and any non-contractual obligations arising out of or in connection with them will be governed and construed in accordance with English law. The courts of England and Wales will have exclusive jurisdiction to settle any dispute or matter of difference which may arise out of or in connection with these terms.