Terms and Conditions
Welcome to STV’s digital products and services (together the “Services”). These Terms of Use, effective from 02 May 2014, apply whether you have joined STV or are just visiting. They contain our Privacy Policy and our Cookie Policy, as well as our terms for Competitions and Voting and ourHouse Rules for leaving Comments
THESE TERMS OF USE ARE IMPORTANT FOR YOU AND FOR US. THEY EXPLAIN:-
- your rights and responsibilities
- our responsibilities to you
- how we expect you to interact with the Services and with other users
By using the Services, you are understood to have read and accepted these Terms of Use.
Things change and so, from time to time, will these Terms of Use. We advise you to take a fresh look every so often. In addition, some specific terms may vary around particular programmes or events; when they do, we will do our best to highlight those changes to you.
1. Who delivers the Services to me?
We are STV Central Limited, a company registered in Scotland no. 172149, and registered for VAT in the UK, no. GB 612 4395 58. If you have any queries, you can contact us at enquiries@stv.tv phone us on +44 (0)141 300 3000, or write to us at Pacific Quay, Glasgow G51 1PQ, which is our registered address.
2. What are the Services?
The Services include, by way of example, our website www.stv.tv; our STV Player (carrying both (i) live simultaneous internet transmission of our on-air broadcast services; and (iii) on demand catch-up programme services); any of our mobile or tablet apps; and our online social media accounts. These Terms of Use apply regardless of the device you use to access the Services. We aim to provide constant and uninterrupted access to the Services, but we do not take responsibility for internet or connection issues outside our control. Specifically we do not guarantee:-
- the availability of the Services on each and every device all of the time
- that any technical issues that arise can be resolved quickly
- that the Services are virus or bug free
3. How may I use the Services?
You agree to use the Services only for lawful purposes, and in a manner that does not infringe the rights of third parties, or restrict or inhibit the use and enjoyment of the Services by any other user. Specifically, you agree you shall not:-
- de-compile, reverse engineer, reproduce, copy, distribute, hire, license or sell the Services and/or the Content (or any part of them), in any way, other than as expressly permitted in these Terms of Service.
- use the Service for the transmission of any spam or computer viruses.
4. What do we mean when we refer to “Content” on the Services?
Content can be programmes, video, audio, text, images, either owned or licensed to us by users or by third parties.
5. What I should know about using the Content?
Geo-restrictions We take “geo-blocking” measures to prevent access to some Content in case where rights restrictions apply. Specifically, there is some Content which will not be accessible if you are located outside the central and north regions of Scotland (where we broadcast the Channel 3 service), and/or outside the United Kingdom. You agree not to circumvent any geo-blocking measures or to access, or attempt to access, such Content if you are located in areas to which we have prevented access.
Availability
We may require that your register your details for certain Services and open an account that you can use to access and log on to those Services. See 7. Joining below.
STV Watch live To watch live broadcasts on any of STV’s television channels via your computer or other mobile electronic device, using the “Watch Live” button on the STV Player, you must be in possession of a current TV licence.
STV Player – programme catch up suitability
Some of the Content available on the STV Player may contain material unsuitable for under 18s or be of a nature that you would prefer to avoid.
We will endeavour to provide guidance where content may be unsuitable for under 18s. This is indicated by a symbol “G” (for guidance) along with the reason for the guidance. You need to be 18 to view Content on the STV Player which has been labelled with a “G” symbol. The guidance wording serves as advisory information for all users.
We have built parental guidance controls into the STV Player. Once set, these controls will prevent the viewing of Content labelled with a “G” symbol from that device unless a 4 figure PIN is entered. It’s up to you to set the parental guidance controls if anyone under 18 has access to your device. If you do not set them, then any person under 18 using your device will have access to all Content available on the STV Player, including Content labelled with a “G” symbol.
Furthermore, by use of an “I” symbol, we endeavour to signal to all users Content which you may wish to avoid, or may find upsetting or disturbing.
“Catch Up” of Archive Content is not live
Any catch up or archive Content available on the STV Player is not live. Please do not respond to any invitation to enter any competition, phone-in, vote, quiz or any other interaction, as the interaction may have come to an end. If you do so, you may still be charged, and your interaction may be too late, and not included, or considered.
STV Player – live streaming
When we are streaming our channels over the internet there is a delay but the service is as near live as possible. Please bear this in mind when interacting with our Services. “Live streaming” refers to events which are not being broadcast on STV’s normal broadcast channels. For live broadcasts, see under STV Watch Live (above)
Technical interference to our Content by you
We may use technical measures for the security and protection of Content. You agree not to interfere with any such technical measures, or unlawfully access, or use, our servers, systems or Content, nor to attempt to do so.
Accuracy of the Content
Although we take great care over the Content we produce, it may contain statements and opinions which are not our own, and with which we do not necessarily agree. We do not guarantee the accuracy or completeness of all the Content.
6. Whose Content is it?
All copyright, trade marks and other intellectual property rights in the Content belong to us or our licensors. The Content is protected by various intellectual property rights and unfair competition laws, such as copyright and trade mark laws. You may not reproduce or distribute any or all of Content except as provided below.
You may use the Content for your personal, non-commercial use and otherwise only as expressly permitted by these Terms of Use. You may, provided they are credited to STV, publish short excerpts from, or summaries of, a published article accompanied by a hyperlink which, when clicked, takes the reader to the whole article on our relevant Use.
Your use of the Content must not, at our sole discretion, bring, or be likely to bring, STV into disrepute, or otherwise cause any loss or damage to STV.
7. Joining
If you choose to join the Services, rather than just remaining a visitor, you will be asked to enter personal information which will include your name; email address and a password (“Log-in details”), or you may join using an account you have already established with a social media platform. For information on how STV use your data, see our Privacy Policy.
You should keep your Log-in details confidential, and must not allow anyone else to use them.
You must use your real name and a current email address. You must not create accounts for the purpose of abusing any functionality of the Services, or other users, nor pass yourself off as another user.
You are responsible for all activity that occurs under your Log-in details.
8. What are the rules around interacting with the Services?
You (or those who have given you permission to use it) own any material (including the intellectual property rights therein) that you contribute to the Services, whether it be video; photograph, graphic, audio, or text (“Your Contribution”), and may carry on using it.
When you submit Your Contribution you are granting to us and our group of companies a worldwide royalty-free, non-exclusive, perpetual, irrevocable licence to use Your Contribution on any media, platform or device (including on television) and to use, edit, and further distribute it across any media, platform or device throughout the world at any time, and to grant sub-licences.
For editorial and compliance reasons, we might need to alter Your Contribution and you authorise us to do so on the understanding that STV will not alter it in any way that misrepresents it.
By submitting Your Contribution you confirm that:-
- it will not infringe or contravene any rights of any third parties or contain anything which is defamatory, obscene or unlawful
- you are over 16, or have permission from your parent or guardian if under 16
Your participation in shared activity over the Services, such as posting comments, or blogging is subject to your compliance with our House Rules.
If you see Content on the Services that you believe should not be there, please contact us without delay at enquiries@stv.tv or, in the case of Comments, through the Comment reporting system, outlining why you think it should be removed and including a link to it. This will help us deal with your concern more quickly.
Furthermore, whilst not moderating or controlling user Comments posted to our site, we reserve the right to suspend or delete without notice any material which
(a) we believe at our sole discretion to be detrimental to the enjoyment of the Services by users;
(b) breaches the Terms of Use and/or the House Rules;
(c) is the subject of any copyright infringement notice; or
(d) brings, or is likely to bring, STV into disrepute, or otherwise cause any loss or damage to STV.
9. Breach of Terms of Use
We will determine, at our absolute discretion, where there has been a breach of these Terms of Use. Where STV suspects that a breach has occurred, we may take such action as we deem appropriate which may include all, or any, of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the Services.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to the Services.
- Issue of a warning to you.
- Commence legal proceedings against you.
- Disclosure of information to law enforcement authorities as we consider necessary.
We exclude liability for lawful actions taken by us in response to breaches of these Terms of Use.
10. Links to third party services
You are solely responsible for evaluating the integrity of the operators of any third party websites accessed through the Services; the accuracy and completeness of any information contained on them, and the value and authenticity of any goods or services offered through them, [and their data collection practices.
11. Other
Liability
In no event shall we be liable for any claims, loss or damage arising, out of or in connection with your use of, or inability to use the Services, including, without limitation, direct or indirect loss, consequential loss or damage, loss of profit or goodwill, or for loss arising from any errors or omissions in the Services, or in the Content.
Nothing in these Terms of Use excludes or limits any liability which may not be excluded by any applicable law.
Waiver
If you breach any of these Terms of Use, and we choose not to take action against you, that does not necessarily mean that we will waive any subsequent breaches by you. In addition, if we do not exercise the entire remedy available to us we may still do so at a later date.
Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with Scots law. All disputes arising from them shall be submitted to the non-exclusive jurisdiction of the Scottish courts.
Last updated May 2014
STV PRIVACY POLICY
We updated our Privacy Policy on 02 May 2014
For the purpose of the Data Protection Act 1998 (the Act), the data controller is STV Central Limited, of Pacific Quay, Glasgow, G51 1PQ (“STV”) unless otherwise stated. (Reg. Z651679X).
INTRODUCTION
As with all businesses, we collect and use information throughout our business. Some of that information relates to users of our services. In the UK, the term “personal data” is used to describe any information from which a person can be identified. Some of the information we use is personal data, and we take extra care and precautions where we collect and use it.
This Privacy Policy applies to our digital products and services which include, by way of example, our website www.stv.tv; our STV Player; any of our mobile or tablet apps; and our online social media accounts (“the Services”), regardless of the device you use to access them.
CONTENTS
SUMMARY
We may collect
- details about frequency of your visits and your general use of the Services.
- content including comments or photos that may be submitted to the Services.
- IP addresses; names and passwords for the Services.
- demographic details, email addresses, telephone numbers and certain lifestyle information such as likes and dislikes.
- your location.
- data from social media platforms e.g.name, age and comments, where you have joined our Services from your social media account.
- personal data provided by other companies where they have obtained permission to share it.
The reasons we collect, store and use that information in the way that we do
- to tell you about our Services and help you get the most from them.
- to personalise your experience of the Services which may include identifying when you return, or delivering targeted advertising.
- to help us improve our Services.
- to send you information about STV and non-STV products and services by electronic communication, including email and SMS.
- to enable us to share your personal details with other companies where agreed.
1. COLLECTION OF PERSONAL DATA
General
We may collect personal data when:
- you join the Services whether directly at stv.tv or through social media platforms (please see the next section);
- you access or visit the Services, including when you interact with us by contributing comment or other material;
- you enter competitions and/or take part in any voting;
- you contact us whether by e-mail or otherwise;
- other companies transfer it to us.
Joining through social media platforms
We have made it possible for you to join the Services using an account you have already established with a social networking platform (e.g. Facebook, Twitter, Google Plus, etc) or an e-mail platform (e.g. Gmail, Yahoo). This should make the process easier for you but you should be aware that, depending on your privacy settings, your data on that account (including shared links and likes, comments and photographs), may be shared with us. That is to say, if your privacy settings are set to ‘publicly available’, and you join us through that platform, then all data that is publicly available on your social media platform may also become publicly available on our Services – for example, your name and profile picture may be displayed against comments you make.
Under 16s
You need to be 16 or over to join.
2. USE OF YOUR PERSONAL DATA
We may use your personal data:
- to supply you with the goods and services and information which you have requested;
- to analyse the performance of the Services and your use of them so that we can operate, support and develop them, including the content and advertisements;
- to provide you with access to certain parts of the Services;
- to help us personalise your visits and our communications to you;
- to contact you with details, or recommendations of anything new or coming up that might be of interest;
- to give you the chance to participate in events or features;
- to enable you to submit your content to us for use on our Services.
With your permission, we may use your data:-
- to contact you by post or electronic communications, including e-mail and SMS;
- for your views on, and experience of, STV and its Services
- to ask you to participate in surveys
- for marketing purposes
If, at any time you change your mind and you do not want us to use your data in this way, please e-mail us at enquiries@stv.tv We will hold your personal data on our systems for as long as you use the Services and for a reasonable amount of time after you close your account.
3. DISCLOSING
We may disclose your personal data to any member of the STV group of companies who will only store and use your personal data in accordance with applicable laws, our instructions, and with this Privacy Policy.
If our business is sold to or merged with another entity, your personal data may be disclosed to our new business partners or owners, who themselves will only store and use your personal data in accordance with applicable laws and with this Privacy Policy.
We may disclose your personal data to other companies with your permission (for example, in the case of competitions, to share your personal data with prize donors for their marketing purposes), or where we are required by law to do so, and this includes any steps taken in the enforcement of the Terms of Use and to protect the rights, property, or safety of STV, our users, or others.
4. PROTECTING (SECURITY)
We have implemented technologies and security policies to protect the personal data we collect, use and store, against unauthorised access or disclosure; improper use, alteration, unlawful or accidental destruction of loss.
We want you to be aware that the sending of information through the internet is not completely secure and such security is beyond our control. We do not guarantee the security of your personal data transmitted to and from the Services over the internet.
5. YOUR ACCESS TO YOUR DATA
You can ask us whether STV holds personal data about you, and can request a copy of it.
Any such request must be in writing. See our Contact Details below.
Before sending you any personal data, we will ask you to provide sufficient proof of your identity together with a £10 administration fee.
6. MARKETING & OTHER COMMUNICATIONS
When you join our Services we will send you a welcome e-mail with information about STV activities and what our Services offer, and you will continue to receive regular e-mail updates.
Our Services include a selection of e-newsletters delivering news and other information, including STV offers and some adverts that we believe may be of interest to you.
When interacting with the Services, you may be given the opportunity to receive marketing emails from STV and other companies.
Where you have elected to receive emails from other companies, those organisations may follow privacy practices which are different to ours and their own privacy policies will apply.
7. OPTING IN/OUT
You can choose to receive any of our e-newsletters by emailing your request to enquiries@stv.tv. If you change your mind you can easily opt out by e-mailing us at enquiries@stv.tv or by following the link contained at the bottom of each email you receive from us.
If you would prefer not to receive any marketing communications from STV you can do so by emailing your instructions to enquiries@stv.tv. This may mean that you miss out on promotions and offers available to other members.
If you wish to close your account, you can do so by e-mailing us directly at enquiries@stv.tv.
8. COOKIES
Our Services use cookies to operate, enhance the performance and distinguish you from other users. For information on what cookies we use, and for what purposes, see our Cookie Policy.
9. LINKS FROM OTHER SITES
To inform and enhance your experience when on our sites, or using our Services, we may provide a number of links to third party websites. Please note that we do not control these third party websites (and they may use their own cookies, or otherwise gather information from you, or solicit personal information). We encourage you to review their privacy policies before disclosing any personal data.
10. CONTACT DETAILS
Enquiries, STV, Pacific Quay, Glasgow G51 1PQ
e-mail: enquiries@stv.tv
Last Updated May 2014.
STV Cookie Policy
What are cookies?
Cookies are small pieces of information, in the form of a string of text characters, stored, when you use our websites and other Services in the memory on your computer, and other devices that you use to access our Services. When you revisit our Services, copies of those cookies are automatically sent back to the servers on which our Services operate.
Cookies are used only to improve the performance of our Services and to make your visits to, and use of, our Services as straightforward, efficient and enjoyable as possible. Cookies do not enable us, or anyone else, to access any other data on your computer or other devices.
What cookies do we use?
We use four types of cookies on our Services:
Some cookies are necessary in order for our Services to operate properly – these are known as “Strictly Necessary” and without them our Services will not work.
Other cookies help us to learn how visitors to our Services use our Services and their experience of our Services – these are known as “Performance Cookies” and we use what we learn from them to improve our Services.
There are other types of cookies that enable your computer and devices to tell our Services what choices you have previously made when using our Services as well as certain details you have previously entered into our Services, for example your user name – these are known as “Functionality Cookies” and they help make your use of our Services as efficient and enjoyable as possible.
Finally, there are other types of cookies that allow our Services to identify and display adverts that are more relevant to you and they also allow our Services to limit the number of times particular advertisements are displayed to you – these are known as “Advertising Cookies” and they are used on our Services by us and, with our permission, by other businesses that advertise on our Services.
Please use the following link to see a list of all Cookies our Services use: list of cookies
Managing cookies from our website
Your browser may contain settings which enable you to control how, and to what extent, your computer and devices permit use of cookies in your browser settings.
To find out more about how to manage and delete cookies, visit www.aboutcookies.org or www.allaboutcookies.org.
To opt out of being tracked by third party advertising, otherwise known as online behavioural advertising, visit: www.youronlinechoices.com.
Your consent to our use of cookies
The cookies that our Services use will, for the purposes set out in this policy and subject to your browser settings, be stored in the memory of your computer and devices that you use to visit our Services. Your use of our Services will amount to your agreement to our placing cookies on your computer and other devices in accordance with this policy.
Links to other information on cookies
If you would like any further information about cookies, the pages at the following links should be helpful: www.aboutcookies.org;www.networkadvertising.org; www.youronlinechoices.com.
PARTICIPATION WITH STV
GENERAL COMPETITION AND PRIZE DRAW
Terms and Conditions
Contents
Use of materials submitted by entrants as part of their entry
Other matters relating to Competitions
a. These terms and conditions (“Competition Terms”) apply to all competitions and prize draws (“Competition”) promoted by STV and accessed through any of the Services.
b. A Competition may also be subject to Specific Competition Rules (“Rules”) which will be communicated together with the relevant competition promotional material (“Competition Promotion”). In the event of any difference between the Rules and the Competition Terms, the Rules will apply.
c. By entering a Competition you agree to comply with these Competition Terms.
a. If you are an employee of STV, or of any associated company, or any company directly involved in any Competition, or you are an immediate family member of any such person that shares your household you are not entitled to enter that Competition.
b. Unless otherwise stated in the Competition Promotion, you must be aged 18 or over on the date of entry to any Competition. Where under 18’s may under the Rules of any Competition enter that Competition, the entrant must obtain permission from his/her parent or supervisory adult to enter the Competition. STV reserves the right to request written proof of age and/or parental consent.
c. You must be resident in the UK, Channel Islands and the Isle of Man.
d. In order to ensure fairness to all entrants to a Competition, STV reserves the right to request from you suitable evidence to verify your eligibility to enter a Competition. In the event that STV is unable to verify your eligibility, it shall be entitled to disqualify you from any Competition..
You must submit your Competition entry after the start date and time and before the closing date and time specified in the Competition Promotion (“Competition Period”). Any entries submitted outside the Competition Period will be disqualified and charges, where applicable, may still be applied.
a. You must submit your entry in accordance with the instructions specified in the Competition Promotion.
b. When you enter a Competition, you may be required to provide STV with personal information which will be processed in accordance with STV’s [privacy policy].
c. A Competition may have a maximum number of times you may enter which will be specified in the Competition Promotion.
d. STV does not accept any liability for any failure of any delivery services used by you to submit any entries to Competitions.
e. Incomplete entries will be rejected.
Entry by Telephone, SMS/Text or Voicemail
a. By entering a Competition by telephone, SMS/text or voicemail (Interactive Voice Recording “IVR”), you must follow the instructions specified in the Competition Promotion.
b. Mobile data charges may apply: it is your responsibility to ensure that these charges are paid for.
Premium Rate Telephone Services (“PRTS”)
a. If you wish to enter a Competition involving a PRTS the Competition Promotion for that Competition will include details of the estimated length of the call and/or its anticipated cost to you for entering.
b. Where the means to enter is not paid for by you, you must ensure that the bill payer (for example of the phone line which is used to enter) has given you permission to enter the Competition.
c. Unless otherwise stated in the Competition Promotion, where a Competition includes PRTS, you are permitted to submit a maximum number of 12 entries as follows:
-
a maximum of 6 entries may be submitted for each telephone number;
-
a maximum of 2 telephone numbers may be used for each entrant;
-
any entries you submit in excess of these limits will be excluded from the Competition and will also incur charges. No refunds for charges for excluded entries will be given.
d. You may withhold or block your telephone number from STV unless access to your telephone number is necessary to ensure fairness to all entrants to a Competition or to select a Winner. This requirement will be specified in the Competition Promotion.
e. Where a 3 for 2 rule applies and is specified in the Competition Promotion, if you submit multiple entries for a Competition to STV via (i) SMS/text or (ii) IVR you shall benefit from a free of charge additional third and sixth entry to the Competition which shall be submitted automatically upon receipt of your second and fifth entries for each phone number used by you.
Entry by Post
a. You must send any postal entry to: STV Central Limited, Pacific Quay, Glasgow G51 1PQ.
b. All the details relevant to your entry, including your personal details, must be written on the exterior of your postcard or envelope. Please do not place your entry inside an envelope or other packaging as these will not be opened and your entry will not be entered in the Competition.
c. Postal Charges may apply and it is your responsibility to ensure that these charges are paid for. Entries with insufficient postage will not be accepted by STV.
Entry Online
a. You must be Signed Up to STV to enter any Competition with online entry.
b. By entering a Competition online, you are required to comply with STV’s Terms of Use
a. All valid and eligible Competition entries received by STV will be entered.
b. You should only submit Competition entries on your own behalf, unless there is a reason that an otherwise eligible entrant is unable to do so.
c. No third party entries, bulk entries or entries submitted by agents will be accepted by STV for any Competitions.
d. You should not use automated, or semi-automated, calling or SMS technology in order to avoid detection of entries submitted in excess of the limits set out in the Competition Promotion or otherwise in paragraph 4o above. STV reserves the right to disqualify any entrant when it considers, acting reasonably, that that entrant has used any improper technical means to submit any Competition entries.
e. If STV believes, acting reasonably, that any Competition entrant is not an eligible entrant in accordance with these Competition Terms, or has otherwise breached these Competition Terms, STV is entitled to disqualify that entrant from that Competition.
f. Competition winners may be listed on STV’s website at www.stv.tv or elsewhere on the Services. By entering a Competition, you consent to (i) your first and last name and your town of residence being used by STV at its discretion and (ii) your name being made available from STV upon request from any member of the public.
g. By entering a Competition, you confirm to STV that all information submitted by you is true, current and complete.
6. STV’s Liability of Entrants
a. STV does not accept any responsibility for Competition entries which are not received. Proof of posting, proof of email or other proof of transmission or entry will not be accepted by STV as proof of entry.
b. Please be aware that unless otherwise stated in the Competition Promotion, STV does not accept responsibility for the return of any Competition entries to Competition entrants, this includes those entries consisting of artistic materials or other materials of whatever nature. Please do not submit any materials in entry for a Competition if you wish those materials to be returned to you.
c. Nothing in these Competition Terms is intended to, or shall be deemed to, restrict your statutory rights as a consumer.
d. Nothing in these Competition Terms is intended to, or shall be deemed to, exclude or limit STV’s liability for death or personal injury caused by its, or its staff’s, negligence.
a. STV shall endeavour to contact Competition winners by using the contact information used in the entry and to deliver prizes accordingly.
b. Claims for prizes for any Competition must be made in the manner and within the time specified in the Competition Promotion. If you win a prize and fail to claim it in such manner and within such time specified, you may be disqualified and, if you are disqualified, an alternate winner for that prize may be selected.
c. Prizes are non-transferable and cannot be exchanged for cash.
d. STV reserves the right, in its absolute discretion, to substitute an alternative prize of equivalent or greater value if, for any reason, the originally advertised prize is unavailable or considered by STV, acting reasonably, to be unsuitable.
e. Prizes involving time-restrictions must be taken within the date and time specified in the Competition Promotion.
f. The prize winner is solely responsible for any expenses not specified in the prize description and STV does not accept any responsibility for any such expenses.
g. Prizes involving travel shall be restricted as follows:
i. travel to and from the prize destination shall not form part of the prize and shall be paid for by the winner;
ii. all travel insurance, holiday insurance and health insurance required or desired by the winner in order to use the prize shall be the responsibility of the prize winner(s).
h. where travel dates are restricted, the prize is only available for travel within those dates, and where travel dates are not specified, all travel and holiday prizes must be taken within one year of the date of the winning selection.
i. Prizes are awarded at STV’s discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant.
j. Where a Competition prize is provided by a third party (“Prize Donor”), the winner may be required to complete additional formalities with the Prize Donor, including, by way of example, completing booking forms or signing up to and abiding by the Prize Donor’s reasonable terms and conditions. STV shall not be responsible for any acts or failure to act of the Prize Donor or any other third party.
k. Not all Competition prizes are suitable for everyone. For example, some prizes may consist of items to be used for physical exercise or leisure activities. It is your own responsibility to ensure that you are suited to use any Competition prize as it is intended and to ensure that you understand how any such items work and their intended purpose and mode of operation. If you are at any time unsure as to your suitability to use any Competition prize that involves physical activity, you should consult your own doctor.
a. In the event that a Competition winner is to be selected at random from all valid eligible correct entries for the Competition, they will be selected by either:
i. an automated computer process that undertakes verifiably random selection; or
ii. an independent individual.
b. Where entries are being judged on creative or artistic merit or other subjective criteria, STV and/or the Competition judges (acting reasonably) reserve the right not to select a winner, and/or remove or amend selection criteria and/or the structure and operation of the Competition if entries are not of the requisite standard.
c. In the event that a Competition winner is selected as a result of a subjective evaluation of Competition entries – for example a photograph Competition – selection shall be undertaken by or under the supervision of either: i. an independent person; or ii. a panel that includes at least one independent member; their names will be made available on request.
d. In the event that any Competition winner is, after being selected as the winner, subsequently disqualified from a Competition for any reason, STV shall, in its sole discretion, decide whether a replacement winner should be selected in accordance with the Competition criteria.
e. If a Competition winner cannot be traced or contacted after reasonable efforts have been made by STV or, having been contacted, the prize winner declines the prize, then STV may select a replacement winner or cancel the Competition and dispose of the prize in its discretion without any liability to that Competition winner.
f. By entering any Competition, you agree to provide any personal information to STV, including your name, telephone number and address, which is necessary for the purposes of delivering any prize to you.
g. Notification of Competition Winners will be made as specified in the Competition Promotion.
h. By entering any Competition, you confirm that you understand that in the event you win you may be asked by STV to participate in publicity and Promotional activity and you consent to STV use of you name, image, audio and/or visual recordings of you in any publicity.
9. E-mail and SMS/Text Marketing
a. In the event that you agree to the receipt of e-mail marketing communications from STV and third parties carefully selected by STV, or you do not object to the receipt of SMS marketing communications from STV about similar products and services, then STV may use your personal data for such purposes and in accordance with its Privacy Policy.
b. If you no longer wish to receive SMS marketing communications, you can opt-out at any time by texting “NO INFO” to the number specified in the Competition Promotion. Alternatively, you can e-mail your instruction to STV at enquiries@stv.tv
10. Use of materials submitted by entrants as part of their entry
a. STV does not, unless we agree otherwise with you, claim any rights of ownership in any materials that you include with, or that form part of, your entry to any Competition and as such, as between yourself and STV, you retain ownership of your entry and you authorise STV to use your entry and any materials forming part of it, for the purposes of:
i. operation of the Competition for which it was entered;
ii. any publicity or reporting of that Competition or any STV Competition activities; and
iii. selecting a winner for that Competition.
b. For this purpose of paragraph 10.a, by entering into any Competition you grant STV (and third parties authorised by STV) a non-exclusive, transferable and sub-licensable, royalty-free, perpetual, worldwide, irrevocable licence (for the full period of any rights in your Competition entry) for STV to use, reproduce, distribute, display, edit, perform and adapt your entry and each part thereof, for use in all media whether now known or subsequently developed.
c. Where you are invited to submit original material to enter a Competition, any materials submitted to STV by you must:
i. be your original work;
ii. not infringe any other person’s rights;
d. You confirm to STV that your entry and all materials that you submit:
i. will not infringe the rights of any person;
ii. will not contravene any entitlement to privacy of any person;
iii. not breach any obligation of confidentiality; and
iv. not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening.
e. You confirm to STV that you have permission to use or feature any people, any information about any people, or other third party material contained within your entry.
f. STV reserves the right to screen, filter and/or monitor your Competition entry for the purpose of verifying that your entry complies with this paragraph 10.
11. Other matters relating to Competitions
a. All decisions of STV in respect of any Competitions are final and binding and no correspondence shall be entered into.
b. STV reserves the right to amend these Competition Terms at any time. Each time you wish to enter a Competition, please check the current and applicable Competition Terms at: www.stv.tv/competitions.
c. In the unusual and unavoidable event of any issues outside STV’s reasonable control which prevents STV from operating any Competition either as originally planned or at all, STV reserves the right to cancel or amend that Competition at its sole discretion and without notice and any changes will be an amendment to these Competition Terms and the applicable Rules.
d. You agree to indemnify STV against any claim by any third party arising, or any fine received by STV, as a result of your breach of these Competition Terms.
e. STV shall not be liable in any way for any losses arising directly or indirectly from any failure or delay in performing any of its obligations under these Competition Terms and any applicable Rules caused by any events or circumstances beyond STV’s reasonable control and which cannot be cured by measures which might reasonably be taken in the course of STV’s business, including war, terrorism, riot, civil commotion, accident, breakdown, damage to machinery or equipment or technology, fire, floods, snow, acts of God, regulatory, legislative or administrative interference, ruling or decision.
f. When you enter any Competition, you should be aware that the performance of STV’s services in relation to your entry into that Competition commences as soon as you submit your entry and, because of that, you will not be entitled – under the Consumer Protection (Distance Selling) Regulations 2000 – to cancel the contract between you and STV in relation to your entry to such Competition.
g. If you are unsure about any of these Competition Terms, you should seek independent legal advice.
h. The Terms and Conditions are governed by and shall be construed in accordance with Scots law and the Scottish Courts shall have non-exclusive jurisdiction.
12. Competitions promoted on Facebook
a. By entering the Competition you agree that you are providing information to STV and not to Facebook.
b. By entering a competition on Facebook, you are required by Facebook to comply with Facebook’s Terms of Use. STV shall not be responsible for any acts or failure to act of Facebook.
c. The Competition (including its Promotion) is not sponsored, endorsed or administered by or associated with Facebook. By entering and participating in a Competition using Facebook, you are agreeing to release Facebook of any responsibilty of damages that could possibly occur as a consequence of your participation.
Unless otherwise stated in the Competition Promotion, the promoter is STV Central Limited, Company Number 172149, of Pacific Quay, Glasgow G51 1PQ on its own behalf and, where appropriate, on behalf of STV North Limited, Company Number 35733, of Pacific Quay, Glasgow G51 1PQ (together referred to here as “STV”).
You can contact STV in relation to any Competition by e-mailing enquiries@stv.tv or by writing to STV Central Limited, Pacific Quay, Glasgow G51 1PQ
Last updated: May 2014
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