FESTIVALS EDINBURGH TERMS AND CONDITIONS

Welcome to the Festivals Edinburgh terms and conditions. Festivals Edinburgh offers an online social media based Competition with the purpose of registering Ideas from the public and offering prizes as a reward to those voted most popular. We hope you are enjoying your visit to our Website. Please note that by using this Website and if you enter our competition, you agree to be bound by the terms and conditions set out below. If you do not agree to be bound these terms and conditions hereunder, do not use or access this Website and do not enter the Competition. You must read and accept all of the terms and conditions contained herein together with our Privacy Policy before you may use or access the Website in any way, or enter the Competition.

By using the Website and entering the Competition you warrant that you are aged 18 or over or, if you are under 18, that your parents have consented to your entry into the Competition and these Rules.

From time to time, it will be necessary to update the terms and conditions and you agree to be bound by the new terms and conditions after the implementation date for the revised terms and conditions. Any changes will be posted within these Conditions on the Website.

1. Interpretation

In these terms and conditions:-

“Competition” means the competition for ideas which is described in detail here

“Competition Rules” means Conditions 15 to 21 inclusive hereunder

“Conditions” means these terms and conditions

“Entrant” means someone who enters the Competition

“Festivals Edinburgh” means Festivals Edinburgh Limited, a company registered in Scotland (Company Number SC331673) and with its registered office at Culture and Sport Business Centre CI 4 East Market Street, Waverley Court, Edinburgh EH8 8BG

“Force Majeure Event” means Any event outwith the reasonable control of Festivals Edinburgh, including but not limited to: act of god, explosion, flood, tempest, fire or accident, extreme weather, war or threat of war, sabotage, pandemic flu or virus, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority, strikes, lock-outs or other industrial actions, power cuts or trade disputes (whether involving our employees or of a third party)

“Idea Submission Process” means the process of submitting an idea to Festivals Edinburgh via the Website

“Prizes” means the benefits awarded via the Festivals Edinburgh judging process (more fully described here) and which shall be published on 29th November 2011

“Information” means any and all material contained in this Website

“Intellectual Property” means any patent, invention, copyright, database right, registered or unregistered design, trademark (whether registered or unregistered), trade name, logo, trade secrets, know-how or other industrial or intellectual property right subsisting anywhere in the world, and applications for any of the foregoing, together with the goodwill thereon

“the User” and “you” means you, the user of this Website

“the Website” means the website of Festivals Edinburgh operating under URL
http://ideas.edinburghfestivals.co.uk

2. Basis of Use of the Website

You agree to the following:-

2.1 that you understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;

2.2 that you will only view the Information for your own private purpose and will not publish, reproduce, store or retransmit any of the Information contained in the Website at any time, except that you may share information about the site on Facebook, Twitter, social media platforms, blog about it, write in a newspaper article and quote the ideas from it;

2.3 that you shall not use the Information for any unlawful purpose or in any unlawful manner;

2.4 that you shall not use the Website or the Information in any manner which may constitute an infringement of any third party rights (including but not limited to rights of copyright, trademark or confidentiality);

2.5 that you shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, experimental, educational or any other use;

2.6 that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Website shall remain vested in Festivals Edinburgh at all times;

2.7 that you acknowledge that Festivals Edinburgh has no obligation to provide the Website or any Information or to ensure that you are able to use, provide and/or access the Information, and the Website;

2.8 that you will indemnify and keep indemnified Festivals Edinburgh against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information or the Website or breach of your obligations under his agreement.

2.9 that you are solely responsible for interactions with other Users of the Website and that you are solely responsible for all Content that you publish or post to the Website or transmit to other Users of this Website.
In addition, you agree that you will not:-

2.10 say or do anything that would cause annoyance, inconvenience, harassment or needless anxiety to others;

2.11 advertise or promote third party or Your own products or services including by way of the distribution of ‘spam’ mail;

2.12 use foul, threatening or offensive language including, without limitation, racist, sexist, ageist, homophobic or sexually explicit language where inappropriate;

2.13 make insulting remarks to or about other Users (“flaming”);

2.14 jump in and out of Website forum rooms (“frogging”);

2.15 distribute illegal, copyright infringing, indecent or offensive material or any messages or content that may incite disorder or encourage illegal activities or that causes or may cause harm to minors;

2.16 impersonate another person or User;

2.17 transfer files that contain viruses, trojans or other harmful programs;

2.18 use the Website to conduct any fraudulent activity including any “pyramid scheme”; “ponzi scheme” or “chain letter”;

2.19 access or attempt to access the accounts of other Users or to penetrate or attempt to penetrate the Website security measures;

2.20 include in public Content on this Website any telephone numbers, street addresses, email addresses and;

2.21 include the address of an internet Website in any content which comprises the 140 character idea submission by Users (however Users may include a URL as part of their profile details in the data collected by the Challenge Post part of the platform).

2.22 point your personal homepage link to a website to which you do not have full file transfer access.

3. Data Protection

Festivals Edinburgh considers the protection of your personal information to be very important. For further information please read our Privacy Policy.

4. Proprietary Rights

All Intellectual Property Rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code are owned by, licensed or authorised to Festivals Edinburgh, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by Festivals Edinburgh or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights, or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. Without Festivals Edinburgh’s prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part. However, the contents of this Website may be downloaded, printed or copied for your personal non-commercial use.

5. Disclaimer

5.1 To the fullest extent permitted at law, this Website and its contents is provided on an “as is” basis and makes no (and expressly disclaims all) representations or warranties of any kind, with respect to this Website or its contents or their suitability, reliability or usefulness for any purpose.

5.2 In addition, Festivals Edinburgh does not represent or warrant that the information accessible via this Website is accurate, complete or current.

5.3 While every effort is made to ensure accurate and complete information, Festivals Edinburgh, nor its directors, employees or representatives will be liable for damages arising out of or in connection with the use of this Website or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind.

6. Changes

Festivals Edinburgh reserve the right at any time without notice to revise the contents of this site including these Conditions. Any changes to these Conditions will be posted on this Website and by continuing to use this site following any such change you will be agreeing to be bound by the revised Terms and Conditions.

7. Acceptable Use

7.1 You may only use this Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this Website.

7.2 You acknowledge that Festivals Edinburgh may be required by law or regulation to access, monitor, store or copy material sent by or to Members without further notice to You.

8.1 This Website may include links to other Internet sites. Festivals Edinburgh do not endorse any such Websites and We are not responsible for the information, material, products or services contained on or accessible through those Websites. Your access and use of such Websites remains solely at your own risk.

8.2 Festivals Edinburgh encourage sharing and encourage Users to blog, write about and link to the Website however Festivals Edinburgh reserve the right to block this at any time without giving a reason.

8.3 Festivals Edinburgh expressly reserve the right to withdraw Festivals Edinburgh’s consent at any time to a link which in Festivals Edinburgh’s sole opinion is inappropriate or controversial.

9. Limitation of Liability

In no event will Festivals Edinburgh be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of access to, or the use of this Website or any information contained in it, including loss of profit and the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.

10. Disclaimer of Warranty

To the maximum extent permitted by law, Festivals Edinburgh disclaim all implied warranties with regard to the information, services and materials contained on this Website. All such information, services and materials are provided “as is” and “as available” without warranty of any kind.

11. Force Majeure

Neither party shall be liable for any breach of these Conditions caused by a Force Majeure event.

12. Dispute Resolution

Should any dispute arise out of these terms and conditions parties shall attempt to settle it by Mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure.

13. Assignation

Festivals Edinburgh shall be entitled to subcontract, assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The User may not assign or transfer any of your rights or obligations without our written consent.

14. Miscellaneous

These Conditions contain all the terms of your agreement with Festivals Edinburgh relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by Festivals Edinburgh) will be incorporated. Your use of this Website, any downloaded material from it and the operation of these Conditions shall be governed by, construed and interpreted in accordance with the law of Scotland and you agree to submit to the non- exclusive jurisdiction of the Scottish courts.
Competition Rules

15. Competition Organiser

The Competition is organised by Festivals Edinburgh Limited, a Company incorporagted in Scotland (Company Number SC331673) and with its registered office at Culture and Sport Business Centre, C1 4 East Market street, Waverley Court, Edinburgh, EH8 8BG (“Festivals Edinburgh”)

16.Events outwith our control

Festivals Edinburgh reserves the right to cancel or amend the Competition or the Competition Rules without notice in the event of a Force Majeure Event. Any changes will be posted within these Conditions on the Website. A copy of the Rules may also be obtained by sending a stamped addressed envelope to: Competition Rules, Festivals Edinburgh, C1 4 East Market Street, Waverley Court, Edinburgh, EH8 8BG.

17. Disputes

In the event of any dispute regarding the Rules, conduct, results and all other matters relating to a Competition, the decision of Festivals Edinburgh shall be final and no correspondence or discussion shall be entered into.

18. Entering the Competition

18.1 Ideas must be submitted electronically via the Website. To do so, you will be required to follow the online submission process. When submitting an idea you will be required to register with us and complete certain required fields on a form. This may include the provision of security information such as your identification details and password(s). You agree that you will be responsible for ensuring that such security information is kept secure and confidential at all times. You must inform us immediately if you become aware of or suspect any unauthorised use of these security details or if they become available to an unauthorised party.

18.2. By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete. Festivals Edinburgh reserves the right to verify the eligibility of all entrants.

18.3 The address you provide will be used to send any prizes so please make sure this is correct. Unless stated otherwise in the Competition Notice, Competitions are only open to residents of the United Kingdom and you are not entitled to enter the Competition if you are resident outside of the United Kingdom.

18.4 Festivals Edinburgh reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of the Rules.

19. Prizes

19.1 Prize winners will be notified in the manner and within the time specified on the Website (and may be contacted by Festivals Edinburgh or Festivals Edinburgh’s nominated supplier(s)). Competition winner(s)’ names will be published on the Website.

19.2. Prizes are non-transferable and there is no cash alternative. Festivals Edinburgh reserves the right to substitute prizes of equal or greater value at any time.

19.3. All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.

19.4. In the case of very similar submissions being in the Top 25 as voted by the public by the end of the competition, the submission with the most votes will be deemed a winner and that with the fewer votes considered eligible as a prize winner.

19.5. If submissions in the Top 25 as voted by the public have equal numbers of votes, a judging panel will review the tied submissions and decide which to include based on the judging criteria.

20. Intellectual Property Rights

20.1 Festivals Edinburgh intends to select a number of submissions – not necessarily winning entries – as the basis for further work, for example by implementing the idea, designing an application based on the idea or otherwise exploiting it. There will be no further reward – other than the satisfaction of having your idea used by Festivals Edinburgh – to you (other than any prize awarded to winning Entrants) for the use of your idea.

20.2 Therefore, by submitting your entry, you grant Festivals Edinburgh an exclusive, world-wide, perpetual, irrevocable licence, to any Intellectual Property rights in your submission. This licence is not limited to any form of activity and carries with it the right to assign the licence to any other person or sub-licence.

20.3 Furthermore, as a condition of receiving prizes, winners must agree to assign their ownership of any Intellectual Property Rights in their submission to Festivals Edinburgh. The winning Entrant will be asked to sign and return the Intellectual Property Assignation Form and returning it to: Festivals Edinburgh, Culture and Sport Business Centre, C1 4 East Market street, Waverley Court, Edinburgh, EH8 8BG prior to receipt of the prize. No prize will be payable or made available until the completed form is received by Festivals Edinburgh.

20.4 Your submission must be your own work and must not contain any third party Intellectual Property Rights unless you are able to provide the necessary licence (as described in clause 20.2 above) to enable Festivals Edinburgh to exploit your submission.

20.5 If Festivals Edinburgh reasonably believes that a submission is any material is found not your own, or is subject to third party Intellectual Property rights for which you are unable to supply a licence in the form required under clause 20.2 above, the submission will be disqualified.

21. Eligibility

21.1 Employees (or members of the families or households of employees) of Festivals Edinburgh are not eligible to enter the Competition. Employees of individual festivals however are eligible to enter the Competition. Festivals Edinburgh reserves the right not to award a prize if we are aware or have reasonable grounds to believe that a winner is not eligible.

21.2 By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete.

22. Law and Jurisdiction

This agreement will be governed by the law of Scotland and the parties hereby submit to the non- exclusive jurisdiction of the Scottish Courts.