Agreement, terms & conditions and rules

  1. We are The Bright Ideas Company – Design and Marketing Limited and our registered office is at Unit 6, Lloyds Wharf, Mill Street, London, United Kingdom SE1 2BD and all references to “we”, “us”, “our”, “ours” are references to this company. You are the person applying to register as a contestant and all references to “you”, “your”, “yours” are references to you.
  2. This is an agreement between you and us for the use of our website at URL address www.takeuon.com (hereinafter referred to as “the Site”) and its content, and is applicable upon submission of your application to register.
  3. You may apply to register as a registered personal user (hereinafter referred to as “RPU”) or a business user. Applications for registration by businesses as a business user shall apply from a date to be published on the Site.
  4. By ticking the 'acceptance of terms' box on our website and submitting your application for registration you, for yourself if you are applying as a personal user, or, if you are applying as a business user, for yourself and your business, acknowledge and agree that
    • the information you have provided in applying for registration is true and accurate in all respects and you warrant its accuracy
    • the terms and conditions set out herein and any amendments thereto (which apply from the time of publication) (hereinafter referred to as “Terms and Conditions”) apply to
      • your use of the Site and its content, and
      • your participation in any contest, game or other participatory activity promoted and/or operated by us on the Site (hereinafter referred to as “Contest“)
    • you have read and accept this agreement comprising the Terms and Conditions and in particular the rules relating to Contests (hereinafter referred to as “Rules”) and the limitations as to use
    • you have read and accept our PrivacyPolicy
    • you are able to enter into and be bound by this agreement
    • you shall check the Terms and Conditions for any amendments on each occasion
      • that you use the Site
  5. By ticking the 3rd party use box you acknowledge and agree that we may provide your personal data to any person/organisation (other than another RPU) who engages with us in any promotion either of our Site or any Contest, which is operated through or promoted through the Site.

Terms and Conditions

Registration

  1. Having registered with us, your registration details shall be retained by us and shall only be used or deleted strictly in accordance with our PrivacyPolicy or as otherwise provided for herein.
  2. You may edit your personal contact details by using the personal details editing facility on the Site, but you are not permitted to substitute your name with that of any other person.
  3. We may use your data to advise you of any services or offers that we believe you may be interested in and also for any other purpose relevant to the operation, success or promotion of our Site, including, but without limitation, the collation of statistical information and user profiling, but not so that we may disclose your personal data to any third party save to the extent you have first authorised.
  4. Entry onto the Contest participation area in the Site is by login requiring a user name and password. You agree that you shall not share the user name or password with any other person nor allow any third party to use the Site following your own login.
  5. Registration as an RPU entitles you, and no other person whatsoever whether on your behalf, as agent or otherwise, to participate in any Contest in accordance with the rules relating to the Contest, and your use of the Site is limited to that purpose only. Subject to these Terms and Conditions your use of the Site is entirely free.
  6. We may remove and cancel your registration ending your right to use the Site in the event that:
    1. we believe you are in breach of any of the Terms and Conditions
    2. we wish to reorganise the Site or end any of the facilities offered by the Site, whether or not cancellation of registration is strictly necessary
    3. for any other reason in our sole discretion including, but without limitation, by reason of your lack of use of the Site or if we are of the view that the warranties you have given may not be correct.

Contests and rules applicable to Registered Personal Users

  1. We offer the following types of contest:
    1. for no reward, just your enjoyment
    2. for a prize or reward ("Prize") offered by ourselves or a Business Member or Sponsor
    Please see additional terms that maybe published from time to time for other types of contests.
  2. A description of each Contest and the rules relating to it shall be published on the Site from time to time, but are subject to these overriding rules. Please also see any information posted periodically concerning how the Contests work generally.
  3. We have appointed a person to consider any idea, content, complaint, grievance or other matter relating to a contest or its result and to act as the arbiter on our behalf. This person is referred to throughout as the “Moderator”, whose decision on any Contest matter is final.

Your ideas for Contests

  1. We welcome ideas for Contests from any RPU at any time, and you may originate your own proposal for a Contest simply by following the guidelines on the Site. We reserve the right to review a Contest to ascertain suitability for posting as a Contest on the Site. In the event that your proposal is found to be suitable we may prepare and post the Contest with such modifications as we consider appropriate, using such information as you have provided.
  2. You may not withdraw a proposal for a Contest once it has been provided to us, and your submission of a proposal to us is your consent for us to use the information and ideas you have provided for any purpose without limitation.

Coming up

  1. From time to time we may advertise descriptions of forthcoming Contests on the Site. Such a posting does not amount to a promise that the advertised Contest will occur but is merely an expression of our intention at the time of the advertisement.
  2. We may invite you to participate in a poll relating to any advertised or proposed Contest to ascertain your level of interest. All we ask is that you exercise your poll vote honestly. We shall consider the results of any poll but we shall not be bound by the results in making any decision whether to run a Contest.

Game on

  1. Commencement of a Contest shall take place when it is posted on the Site as a live Contest open to admissions. You may then enter the Contest and provide us your entry either by uploading to the Site following the instructions for uploading with your submission prior to the advertised closure date for admissions. No participant shall be allowed to participate in a Contest after the advertised cut off time on the advertised closure date (“Closure”), and submissions received after that time, whether or not sent prior to the cut off time, will not be accepted .
  2. We may decline to run an advertised Contest without liability at any time prior to its commencement, and we may withdraw a Contest at any time before Closure.

Voting and fair play

  1. Following Closure of the Contest, and following a review by the Moderator of any submission for acceptability, we may, if in the opinion of the Moderator there is sufficient interest in the Contest, post on the Site details of all accepted submissions by participants for review by all RPUs for the period of a week, or such other period as we shall specify from time to time (“Voting Period”).
  2. Whether or not you have entered the Contest, during the Voting Period you may
    1. vote on any one entry
    2. post your comments as to the fairness of any entry, in particular whether any submission involves fake information, the use of the property of any third party, or any element of cheating.
  3. Barring or rejection - Where we believe that a comment is valid to the extent that the entry should be barred from participation in the winning assessment, the relevant entry may either continue to be displayed but marked as rejected or it shall be removed altogether from display, in the sole discretion of the Moderator.
  4. Appeal - If your entry is rejected or removed you may appeal by email or via the website to the Moderator who shall advise you of the result of your appeal as soon as is practicable. If the appeal is upheld the entry submission shall be reinstated. If the appeal is rejected the Moderator shall take no further action.

The winner

  1. Following the end of the Voting Period the winner shall be the contestant whose submission attracts the most votes, and we shall publish the result as soon as is practicable.
  2. In the event of a tie (where more than one entry has the same number of votes) the winner shall be the tied entry which was submitted to us the earliest. If the earliest entry cannot be determined the Moderator shall have a casting vote to determine the winner. No objection against the vote of the Moderator will be accepted or considered. We accept no liability in relation to any losing contestant, whether for disappointment, hurt feelings or on any basis whatsoever.

Rules applicable to prize contests

  1. If you are the winner of a Prize advertised as offered by ourselves (where there is no 3rd party Sponsor) we shall deliver or make available to you the Prize as soon as possible.
  2. Your entry into a Prize Contest where the Prize is offered by a Sponsor is your consent for us to disclose your personal details to the Sponsor in the event that you are the Prize winner. If you are the Prize winner we shall inform the Sponsor of your success and provide you with details to contact the Sponsor to claim your Prize.
  3. If there are conditions attaching to a Prize as advertised it is your responsibility to ensure that you comply with those conditions. We accept no responsibility if you fail to comply with any conditions, or you have any complaint concerning the Prize or any aspect of the Prize or any arrangements in relation to the Prize.
  4. Although we shall use our reasonable endeavours to ensure the description and validity of the Prize and the Sponsor, you acknowledge that in advertising the Prize we are merely reproducing the offer of a Prize as presented to us by the Sponsor, and are reliant entirely upon information provided to us by the Sponsor. Your relationship in relation to the Prize is with the Sponsor and not ourselves and we accept no liability if the Prize is not as described. In particular we accept no responsibility for any misstatement, or error of description posted on the Site unless it is due to our own negligence, and we give no warranty that the Sponsor will fulfil all or any promise, whether expressed or implied, provided for in a Prize offering. You agree that our responsibility in relation to any deficiency in the offering by the Sponsor will be limited to (a) forwarding any written complaint you may have to the Sponsor with a request that the Sponsor respond directly to you (b) provide you with a copy of any response from the Sponsor to us if permitted by the Sponsor, and (c) consider the future membership of the Sponsor in the light of information with which we are provided.

General terms and conditions applicable to all members

  1. For the avoidance of doubt the Rules are to be treated as terms and conditions.
  2. You acknowledge that we may amend the Rules and Terms and Conditions from time to time and that such amendments shall have effect from the time of publication; you also acknowledge that you have an obligation to check the Rules and Terms and Conditions on each occasion that you use the Site; consequently your use of the Site after publication of any amendment is and shall be deemed to be your acceptance of the amended terms.
  3. Although it would not normally be our practice to do so, we reserve the right to alter the description and the rules relating any Contest and/or withdraw any Contest at any time before the advertised closure date of the Contest.

Postings and submissions

  1. You must act in good faith when posting any information or your contribution to any Contest and we may remove your contribution if we should consider that your contribution does not match the criteria for establishing a genuine contestant acting in good faith.
  2. It is your responsibility to ensure that your uploaded information is properly represented as posted by us within any Contest. You should inform us immediately in the event of any incorrect or partial posting of your material on the Site, or if your material is not posted within a reasonable time of your submission.
  3. You must carefully follow the instructions given for uploading. Submissions received by us after the closing time for a Contest will not be accepted, and we accept no responsibility for the delay in receipt due to any transmissional or electronic issue or scanning of material by any proprietary scanning or anti-virus software.
  4. We reserve the right to reject and/or delete any electronic package of any kind that appears to us, whether through use of any kind of detection software or otherwise, to contain a virus, or spyware, cookie or infiltrative element, or other element of any kind that could adversely effect the operation of the Site or our hardware or software operating in conjunction with the Site or our electronic files or folders of any kind. If any such are submitted by you we reserve the right to cancel your registration and refuse any further application for registration.
    5. 01/04/2008 5/6 copyright © Lawspeed 2008 all rights reserved
  5. Your submission to any Contest must not include material that is plagiarised or copied from any third party such that there may be an infringement of intellectual property rights (of any kind including moral rights) of a third party (for example use of photographs of a third party, or third party products). You agree that should your submission infringe such rights you will be responsible for and shall indemnify us and keep us indemnified against any and all loss that we sustain including, without limitation, loss of profit and consequential loss (including resulting from loss of reputation and/or goodwill) due to any restrictions imposed on the Site or our operations as a result of the posting by us of such material and our proper legal costs.
  6. We accept no responsibility or liability for emails that are not received, or are received late, due to any cause, or for emails that are sent to an incorrect email address (which may include an address linked to another Contest). Nor do we accept any liability for difficulties you may have in uploading material, or for incorrect posting of information due to a faulty or partial upload, or for incompatibility of any computer or software used by you with that used by us, of for errors in your own computer system or software.
  7. You shall indemnify us in the event of any claim (including a claim for legal costs) against us or any loss we sustain arising from our reliance upon any information you have given to us which is incorrect, ambiguous or misleading.
  8. You acknowledge that your use of the Site is free of any charge. Accordingly our liability to you shall in any event, save where limitation is excluded by law, be limited to £1 which you agree is a reasonable maximum for anticipated damages.
  9. We may disclose your user name on the Site in conjunction with any posting following a submission of any kind from you.
  10. Any submission containing obscene, pornographic, immoral, obviously discriminatory or illegal concepts or material shall be rejected and, if submitted by you, we reserve the right to cancel your registration and refuse any further application for registration.
  11. Any implied provision that we or any person engaged by us, including the Moderator, should act reasonably in exercising any judgment or opinion at any stage of the Contest process is expressly excluded.
  12. Information posted on the Site concerning Contests or any other matter does not have the effect of varying or overriding these Terms and Conditions and in the event of conflict these Terms and Conditions shall apply.
  13. Cancellation of registration does not prejudice, or have the effect of releasing, any claim we may have against you as a result of your breach of the Terms and Conditions.

Ownership & copyright

  1. In making a submission you give us the non-exclusive, irrevocable, worldwide, perpetual, royalty free right and licence to use your ideas, and any concepts contained within or arising out of your proposal or any submission and including the material provided with any submission to us.
  2. All material on this Site, including these Terms and Conditions and any name used by us in connection with the Site, is subject to intellectual property rights (which may include trademark and copyright) and should not be copied or reproduced other than in accordance with the following:
    1. you may print or download to a single local hard drive extracts from the content of this Site for your personal use only
    2. you must not remove any proprietary or copyright notices from such extracts
    3. you may not sell or commercially exploit any of the content of this Site
    4. you may not use any name other than by reference to the Site.
  3. The authors of material on this Site, excluding material solely emanating from an authorised user, reserve their moral rights.

Applicable law

  1. These Terms and Conditions contain the entire agreement between us with respect to your use of this Site, which agreement shall be governed by and construed in accordance with the laws of England & Wales, and you hereby consent to the exclusive jurisdiction of the English courts.
  2. No part of these terms is intended to constitute an exclusion of any liability which cannot be excluded under English Law.
  3. Use of this Site is not authorised in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph.