Terms and Conditions – Sky Cinema’s Elf Everything Promotion
These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry and claim instructions are deemed to form part of the Terms and Conditions and by participating, all entrants will be deemed to have accepted and be bound by the Terms and Conditions. Please retain a copy for your information.
The Promoter: Tin Man Communications Limited on behalf of Sky Cinema of 16 Bastwick St, London EC1V 3PS.
1. This promotion is open to residents of the United Kingdom aged 18 years or over. Employees (or family members of employees) of Tin Man Communications, Warner Media and any Sky UK Limited (“Sky “) companies associated with the promotion and all affiliates of such companies may not enter the promotion.
2. By entering the competition, the winner agrees to feature in Sky Cinema marketing material in order to receive the prize. This marketing will include being interviewed by regional and national media about the competition, as well as being featured within marketing materials such as photography, on Sky TV social media channels, the Sky Cinema Elf Everything campaign web page and within Sky’s customer marketing emails. Photography will be captured at the winner’s home between Wednesday 2nd December 2020 and Sunday 6th December 2020 and the winner must be available for the duration of the day. Dates are subject to change and the Promoter will update the winner of any date changes prior to the prize being claimed. The winner will be asked to provide written confirmation accepting their participation in all marketing material relating to this competition.
3. This promotion opens at 09:00GMT on Wednesday 11th 2020 and closes on Sunday 22nd November 2020 at 23:59 GMT (the “Promotional Period”).
4. All competition entries must be received by the Promoter by the Closing Date. All competition entries received after the Closing Date will be automatically disqualified.
5. No Purchase necessary.
6. Internet access required and entrants must have an active Facebook, Twitter, or Instagram account. If you do not have an account, you will need to create one in order to participate – you will require an active email address in order to do this.
7. To enter the competition, entrants need to share a video (a minimum of 15 seconds), photo or comment on one of the official competition social posts showcasing why they are the UK’s biggest Elf fan. Entrants must share their submission using the designated hashtag #ElfEverything on either Instagram, Twitter or Facebook and tag @SkyTV. Each entry must state the entrants full name, age and location.
8. Only one submission is allowed per person either as a video or a photo or comment on one of the official competition social posts.
9. The Promoter monitors responses to this promotion and if any responses or any previous posts made by an entrant are, or could be regarded, as being disrespectful towards other members of the Facebook, Twitter or Instagram community or which contain anything which is likely to, or could cause offence or distress will be removed from the promotion. As someone who enters the promotion, your use on Facebook, Twitter and Instagram is subject to the relevant platform’s Terms and Conditions:
10. Participants’ entries will be deemed invalid if any post:
– contains defamatory, malicious, indecent or other inappropriate content;
– includes the names of any individual without their express permission;
– in the reasonable opinion of the Promoter, cause any widespread or serious offense (taking into account prevailing community views or standards);
– contains content deemed socially irresponsible or likely to breach the CAP Code.
11. In order for your entry to be visible for review by the judges, posts must be made using a public social media account. On Facebook, you will need to enter via a public post and on Twitter and Instagram your account itself will need to be public. Entries must not be deleted on your social media account until 31st December 2020.
12. There is a limit of one submission of either a video, photo or comment per person across all channels (Facebook, Twitter and Instagram). Anyone trying to circumvent this rule by using alternative details including but not limited to creating multiple accounts will be disqualified from this promotion.
13. Entries on behalf of another person will not be accepted and joint submissions are not allowed. If you submit multiple entries, your first entry only will be valid.
14. The Promoter will not accept responsibility for competition entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, because of equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or proof of posting or transmission as proof of receipt of entry to the competition.
15. The Promoter will not accept competition entries that are automatically generated by computer using ‘script’, ‘brute force’ or any other automated means, completed by third parties or in bulk, illegible, incomplete, have been altered, reconstructed, forged or tampered with or in the sole judgment of the Promoter, infringe on third party rights or are unsuitable for publication. Any breach of this clause will void any prize award.
16. In entering the competition, you confirm that you are eligible to do so and eligible to claim the prize. If shortlisted, the Promoter will require you to provide your address to show that you are eligible to enter the competition, as well as make yourself available to discuss your eligibility and the Covid-19 situation at that time over the phone at an agreed date and time.
17. By entering the competition, entrants acknowledge that their home will meet criteria that is suitable for an Elf themed makeover kit. Criteria is that the home will need to be detached, semi-detached, mid terrace or end terrace, with an accessible front garden and landlord permissions where required. The Promoter will discuss the criteria with the winner during the eligibility phone call and reserves the right to disqualify homes that do not meet the required criteria and select an alternate winner.
18. The winner will receive the following prize for the Sky Cinema’s Elf Everything campaign (the “Campaign”).
a. An Elf-inspired Christmas home makeover kit to be used at the winner’s house (to include Elf-inspired Christmas decorations, including but not limited to Christmas lights, Christmas tree and a variety of Christmas decorations. Due to lockdown restrictions the makeover kit will be a DIY package for the winner to decorate the outside of their home (on the front garden/ attached to the front of the house) and a package for the winner to decorate one room on the inside of their home e.g. living room.
b. A £3,000 cheque to be sent to the winner from The Promotions Factory on behalf of Sky Cinema. This will be sent to the winner no later than Sunday 20th December 2020
c. 1 x Sky Q TV subscription for 12 months to include the following:
i. 1 x Sky Q Complete Bundle TV package including Sky Sports Complete and Sky Cinema;
ii. 1 x Sky Q Multiscreen subscription; and
iii. Free standard installation provided by Sky subject to the Prize Conditions
iv. Sky will also loan the prize winner 1 x Sky Q 2TB box and 1 x Sky Q Mini box at no charge for 12 months
19. Prize terms and conditions
a. An Elf-inspired Christmas home makeover kit
i. The makeover kit will be arranged by the Promoter at the winner’s home, between Wednesday 2nd December 2020 and Sunday 6th December 2020
ii. If the makeover is prevented by Covid-19 Government regulations, or any form of tier or lockdown related regulations, the Promoter will arrange for an alternative prize of equal or greater value to be offered to the winner, including a virtual ‘Elf watch along’ party with the Campaign’s Talent.
b. A£3000 cheque
i. A £3,000 cheque to be sent to the winner from The Promotions Factory.
ii. This will be sent to the winner no later than Sunday 20th December 2020.
iii. The cheque will be sent via next day delivery signed for by Royal Mail.
c. Sky Q TV Package (12 months)
i. The winner will be required to enter into a new Sky Q TV subscription contract. If the winner is an existing Sky TV customer, your existing Sky TV subscriptions will come to an end and you must enter into a new Sky Q TV subscription contract.
ii. After your 12 month free Sky Q TV subscription comes to an end, standard subscription length (18 months) and prices at the time of re-contracting will apply unless you change or cancel your package, giving Sky at least 31 days’ notice. Standard subscription prices may change. Please refer to www.sky.com for current pricing. You must be over 18 and resident in the United Kingdom.
iii. The Prize does not include:
1. A broadband subscription (to experience Sky Q features to the full, we recommend connecting your boxes to home broadband);
2. Sky Box Office, Sky Store purchases/rentals, Stand-alone Premium Channels, or pay-per-view services and events
iv. Watching on an extra TV screen comes at a one-off cost of £99 and Sky will loan you an extra Sky Q Mini at no cost for 12 months (recommend connecting no more than 4 Sky Q Minis in total)
v. Prices, programmes/channels are subject to change.
vi. Engineer set-up required.
vii. The winner must get any consents required (e.g. landlord’s) prior to installation.
viii. Winners must redeem the prize within a year. Winners who are in a current pay-TV contract with another provider may defer their Prize for a maximum of 12 months from the date of winning. If a winner does not redeem his/her Prize within 12 months from the date of winning, this could result in loss of the Prize at the Promoter’s discretion. If the winner has a previous uncleared debt with Sky the winner will not be able to take up the Prize until this debt has been fully cleared.
ix. There is no cash alternative to the Sky Q Prize except that in the event of circumstances outside of its control the Promoter reserves the right to substitute a similar prize of equal or greater value. Unless agreed otherwise in writing the Prize is non-refundable and non-transferable.
x. Sky reserves the right to refuse or withdraw the Prize if a winner or a party authorised by the winner to act on their behalf, threatens or abuses a Staff employee or otherwise conducts themselves in a manner that Sky reasonably regards as inappropriate, offensive or unlawful.
xi. Prize winner will own the Sky dish. The Sky Q box, the Sky Q Mini and all other Sky Q kit is loaned to the winner at no cost and must be returned when the winner’s 12 month prize subscription terminates or when the winner leaves Sky, whichever is earlier. Mechanical faults with the Sky Q kit will be repaired at no cost.
xii. Sky Q installations currently average a 28 day waiting period.
Winner Selection and notification
20. From all eligible entries a shortlist of 500 entries will be created by the Promoter.
21. In the case that over 500 eligible entries are received; each entry will be given a number. A random number generator will then shortlist 500 entries.
22. All entries that are shortlisted will be judged against the same criteria. The judging criteria is the best use of creativity, proven knowledge of the film, passion and Christmas cheer.
23. The judging panel includes an independent member who is not associated with the promotion as well as the Campaign Talent, Sky representative and Tin Man Communications representative.
24. After judging, entries deemed suitable from this draw will be considered for the final shortlist which will consist of 30 of the best entries.
25. Entries that are not shortlisted will not be contacted.
26. The Promoter will contact the shortlisted entries by 11:00 GMT on 24 th November 2020 via direct message on social media platform used for entry requesting the following;
a. a contact telephone number
b. a contact email address
c. a preferred date and time to be contacted for the eligibility phone call. Entrants should give a two-hour window on the following dates and times
i. 09.00 – 16.00 GMT on 26th November 2020
ii. 09.00-12.00 (midday) GMT on 27th November 2020
d. Confirmation of where in the UK they live via confirming household address
e. photographs of the front of their home (exterior)
27. The shortlisted entrants will have 24 hours to respond with the details above via the social media platform they entered on. The shortlisted entrants must respond to Sky by 11:00 on 25th November.
28. All shortlisted entrants who have complied with clause 25 will then be contacted by telephone on their preferred date and time by the Promoter to confirm all eligibility requirements are met. Shortlisted entrants must be available on the contact number provided during these hours. If entrants miss the first call, the Promoter will attempt to call a second time within the agreed time period. Shortlisted entrants who do not answer the phone within the agreed time period will be classified as void and another entrant will be shortlisted. Only shortlisted entrants who are available to discuss their eligibility and any current Covid-19 guidelines over the phone will be considered for the final prize.
29. Once all telephone calls are complete and 30 entrants are verified, the Promoter shall then select the final winner based on the criteria set forth in clause 22. The winner will be selected from the eligible shortlisted entries by a team of judges from Sky and an independent judge. A full list of judges can be provided on request.
30. Judging for the main winner will take place on Friday 27th November 2020 between 13.00 -16.00 GMT and the winner will be contacted no later than 17.00pm GMT on Friday 27th November 2020.
31. The Promoter will contact the winner after confirmation to arrange the makeover and all other prize details.
32. The decision of the Promoter is final and no correspondence or discussion will be entered into.
33. A full set of these competition terms and conditions will be available at www.elfeverything.sky.com /terms-and-conditions from the Opening Date until one month after the Closing Date.
Claiming the prize
34. The winner shall be contacted via phone call, email and direct message on social media platform used for entry. The winner will have 24 hours to claim the prize by responding to either the phone call, email or direct message on social media. If the winner does not respond to Promoter by the deadline, the winner will be deemed to have rejected the prize and his/her claim will become invalid. The Promoter will then select a new winner from the final 30 shortlisted entrants and contact that winner via phone call, email and direct message on social media. The new winner will have 24 hours from the time they are contacted respond to the email, direct social message or telephone call. The Promoter will continue this process until the prize has been successfully claimed or until ten shortlisted candidates have failed to claim the prize by meeting the conditions, at which point the competition will end with no prize being awarded.
35. The Promoter will make reasonable efforts to contact the winner.
36. The prize may not be claimed by a third party on the winner’s behalf.
The Promoter does not accept any responsibility if you are not able to
claim the prize.
Limitation of liability
38. Insofar as is permitted by law, neither the Promoter and Sky nor their agents or distributors will, in any circumstances, be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees in which case that liability is limited to the minimum allowable by law. Your statutory rights are not affected.
39. If for any reason any aspect of this promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, traffic congestion, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter may in its sole discretion modify or suspend the promotion or invalidate any affected entries. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these Terms and Conditions, the Promoter will not be liable for any failure to perform or delay in performing its obligation but will always endeavour to minimise the effect to participants in order to avoid undue disappointment.
40. In consideration of receiving the prize, the winner agrees to waive any and all claims (except those which cannot be excluded at law) that the winner may have against the Promoter and/or Sky as a result of entering the competition and winning and receiving the prize.
41. The prize in no event creates any expressed or implied employment relationship between the prize winner and Sky and/or the Promoter.
42. Numerous factors outside the control of the Promoter may interfere with the operation of Facebook, Twitter and Instagram. The Promoter does not therefore guarantee continuous, uninterrupted or secure access to these websites.
43. By entering this competition, you acknowledge that this promotion is not sponsored, endorsed or administered by Facebook, Twitter, Instagram or any other social media network, and agree to release Facebook (and all other social channels) from any and all liability with respect to the competition and your participation in this competition.
44. If required by a regulatory authority, and/or if we consider it lawful, necessary or appropriate to do so, we may elect to make available the winner’s surname and county to members of the public or regulators who request such details within 3 months of the closing date of this Promotion. Entrants can object to disclosure, or request that disclosure be limited in scope by contacting email@example.com . We may nevertheless disclose the information to the Advertising Standards Authority if required to do so. You may request a copy of the winner’s list by emailing firstname.lastname@example.org. We reserve the right to refuse any or all such requests
45. The Promoter, its agents or distributors accept no liability for any inability on your part to participate in the prize competition or claim the prize for reasons outside the reasonable control of the Promoter, its agents or distributors including but not limited to failure of internet access or inaccessibility of or delay in the operation of Facebook, Twitter, Instagram.
Ownership of competition entries and intellectual property rights
46. By submitting your competition entry and any accompanying material, you agree to assign to the Promoter all your intellectual property rights with full title guarantee; and waive all moral rights, in and to your competition entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
47. You agree that the Promoter and Sky may, but are not required, to make your entry available on their websites at www.elfeverything.sky.com and any other media, whether now known or invented in the future, and in connection with any publicity of the competition. You agree to grant the Promoter and Sky Cinema a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the competition entry to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the competition entry for such purposes.
Data protection and publicity
48. The winner may be requested, but is not obliged, to participate in further reasonable publicity beyond that stated in clause 2 as required by the Promoter.
49. By entering the competition, you agree that any personal information provided by you with the competition entry may be held and used only by the Promoter or its agents and suppliers to administer the competition.
51. It is the responsibility of the entrant to provide correct, up-to-date details when entering the promotion and acceptance of the prize. The Promoter cannot be held responsible for winners failing to supply accurate information which affects prize acceptance or delivery of their prize.
52. The Promoter reserves the right to refuse to award a prize or withdraw prize entitlement and/or refuse further participation in the promotion and disqualify the participant where there are reasonable grounds to believe there has been a breach of these Terms and Conditions, the spirit of the promotion, any instructions forming part of this promotion’s entry requirements or otherwise where a participant has gained unfair advantage in participating or won using fraudulent mean.
53. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect .
54. Entrants will not receive any promotional marketing from the Promoter, Sky or any affiliated brands as a result of entering the competition.
55. These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales unless you live in another part of the UK, in which case your local courts will have jurisdiction.