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Terms and Conditions - The Curlews Endangered Bird Competition

By entering the promotion (the “Promotion”) you (the “participant”) agree to be bound by these terms and conditions. Any information or instructions published by the Promoter about the Promotion on McCarthyStone.co.uk website form part of these terms and conditions.  

The Promoter

The Promoter of this Promotion is McCarthy Stone South division whose registered office is at Southern House, 1 Embankment Way, Ringwood BH24 1EU. The Promoter shall not be liable for any interruption to this Promotion whether due to force majeure or other factors beyond the Promoter’s control.

1. Entry Eligibility

1.1. The Promotion is open to residents of Great Britain (England, Scotland, and Wales) aged 18 or over only.

1.2. Employees or agents of the Promoter or any of their group companies, or their families or households or anyone professionally connected to this Promotion are not eligible to enter.

2. How to enter & the deadline for entries

2.1. Entries will be accepted from 11th December 2023.

2.2. The closing date for entries is 11th January 2024. Entries received after this time will not be eligible for entry.

2.3. To enter:

  • 2.3.1. Submit a photo taken by you of an endangered bird which can be spotted on the Exe Estuary.
  • 2.3.2. Entries to be emailed to [email protected] by the closing date.

2.4. Entries must not include or in any way contain:

  • 2.4.1. obscene or indecent material, including but not limited to nudity, pornography or profanity;
  • 2.4.2. defamatory content, including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group;
  • 2.4.3. threats to any person, place, business, group, or world peace.

2.5. Entries must not invade privacy or other rights of any person, firm or entity, and must not in any other way violate applicable laws and regulations or network standards.

2.6. For every entry submitted, McCarthy Stone will donate £5 to the McCarthy Stone Foundation.

3. Eligibility

3.1. In entering the competition, you confirm that you are eligible to do so and eligible to claim the prize. The Promoter may require you to provide proof that you are eligible to enter the competition.

3.2. The Promoter reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize competition.

4. Winners

4.1. The winner will be contacted by email/ telephone provided by the participant at the time of entry. The winners will have 7 days from the date the notification was sent to claim their Prize.

4.2. In the event that a winner is unreachable, ineligible, or fails to claim the Prize in the time required the winner shall forfeit their Prize and the Promoter reserves the right to offer the opportunity to another entrant as selected by the judges.

4.3. The Prize is not transferable by the winner to another individual. Any transfer of the prize by the winner will result in immediate disqualification. The Promoter reserves the right to offer the Prize to another participant.

4.4. The Promoter does not accept any responsibility if the winner is unable to take up the prize.

4.5. The winner will have to make their own way to the relevant venue in order to claim the Prize.

4.6. By accepting the Prize, the winner:

  • 4.6.1. Agrees to be photographed by the Promoter for the purposes of promoting the Promotion and the Promoter’s products; and
  • 4.6.2. Agrees to participate in the Promoter’s other marketing and promotional activities.
  • 4.6.3. Agrees to attend the McCarthy Stone development to claim their prize.

5. Intellectual Property

5.1. By submitting his/her Entry, the participant assigns to the Promoter with full title guarantee all intellectual property rights in the Entry.

5.2. The Promoter shall have the right to use the winner’s name and image in relation to the Promotion in any territory, in any media and in perpetuity.

5.3. The winner forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude the Promoter’s use of the winner’s Entry or require the winner’s permission for the Promoter to use them for any purpose, and the winner agrees to never sue or assert any claim against the Promoter’s use of those materials.

6. Disqualification

6.1. The Promoter reserves the right, at its absolute discretion, to disqualify participants who it considers having not complied with any of these terms and conditions; or any participant who it reasonably believes has interfered with the fair running of this Promotion.

6.2. The Promoter shall have the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid claims and entries including, without limitation, to require further verification as to the identity, age and other relevant details of a participant and before accepting a claim or entry as being valid.

7. Privacy and Data Protection

7.1 The Promoter will use any personal data submitted by the participant solely for the purpose of operating this Promotion and for no other purpose. To that extent, the Promoter may share such personal data with third parties involved with this Promotion. The Promoter will delete any personal data submitted by the participant after the end of the Promotion, save where the Promoter is permitted to retain it in order to comply with applicable law. A participant may exercise any of their rights under data protection law, such as requesting access to or the correction or deletion of his/her personal data, by contacting the Promoter. A copy of the Promoter’s privacy policy can be found at www.mccarthyandstone.co.uk/privacy-and-cookies.

7.2. The Promoter reserves the right to publish or make available the surnames and county of residence of all winners and where applicable, their winning entries, for the purpose of indicating that a valid award took place for this Promotion. If you object to your information being published of made available for this purpose, please contact the Promoter using the contact details in the Promoter’s privacy policy (see above). In such circumstances the Promoter shall still be entitled to provide the information and winning entry to the Advertising Standards Authority (“ASA”) if required.

7.3. By entering this Promotion, you consent to the processing of your personal data in accordance with these terms and conditions.

8. Limitation of Liability and Miscellaneous

8.1. All the Promoter’s decisions relating to this Promotion are final and binding. No correspondence about the Promotion will be entered into.

8.2. All participants take part in the Promotion at their own risk and to the fullest extent possible in law the Promoter accepts no liability with regard to entries and the prize(s) whatsoever.  The Promoter will have no liability in relation to the conduct of the winner, nor in connection with any circumstances outside its control with respect to the entries and the prize(s).  The winner shall be subject to the policies and terms and conditions of any and all third parties involved in the creation and fulfilment of the Prize.

8.3. The Promoter reserves the rights to vary these terms and conditions or cancel the Promotion at any stage in the event of circumstances arising beyond its control.

8.4. Insofar as is permitted by law, the Promoter, its agents or distributors will not 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. Your statutory rights are not affected.

8.5. By entering the Promotion, participants will be deemed to be bound by and have accepted these terms and conditions. Failure to comply with these terms and conditions may result in disqualification from the Promotion and forfeiture of the prize(s).

8.6. The Promoter will not accept responsibility for competition entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.

8.7. If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the competition.

8.8. The Promoter reserves the right to hold void, suspend, cancel, or amend the prize competition where it becomes necessary to do so.

8.9. These terms and conditions are governed by English law. If any entrants to this promotion wish to take court proceedings, then they must do this within the courts in the United Kingdom.

9. Jurisdiction/Applicable Law

9.1. This Promotion will be governed by and construed in accordance with the laws of England and Wales. By participating the participants agree that any and all disputes regarding this Promotion will be subject to the jurisdiction of the English courts.