4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
14. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Please read these terms carefully before entering the competition. Entering the competition constitutes an acceptance of these terms and conditions.
About the business
The promoter of this Competition is The Fresh Ideas Company, a company incorporated in England and Wales with registered number 08306761
The registered office is at 1 Coldbath Square, London, EC1R 5HL
2 When to Enter and Who can Enter
2.1 The Competition is open to any resident of the United Kingdom over 18 years of age
2.2 The Competition is closed to employees of Melanie Eusebe and their close relatives and anyone otherwise connected with the organisation or judging of the Competition
2.3 Automated or bulk entries from third parties will be disqualified.
2.4 We reserve the right to exclude serial competition entrants who have entered more than 4 competitions in the last month.
2.5 There is no entry fee and no purchase necessary to enter this competition.
2.6 The Competition opens on Wednesday 19th June 2019 at 9am and closes Thursday 20th June 2019 at 9am. Entrants can enter at any point between these dates.
2.7 To enter the competition on Instagram entrants will need to follow Melanie Eusebe’s Instagram account, like the photo and tag the friend that you will bring with you.
2.9 Entrants can only enter the Competition once
2.10 The winner will be selected at random from the overall list of entrants. Names will be entered into a spreadsheet and be allocated a number; the winner will be selected using a random number selector.
3.1 The winner will be notified via DM on Instagram within 2 days of the closing date. If the winner cannot be contacted or do not claim the prize within 3 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
3.2 The prize for winning the competition will be 2 free tickets to The Money Moves Budget Party on the 25th June 2019 between 6:30pm and 9:00pm in London.(Travel not included)
3.3 The Prize is as stated and they cannot be sold or exchanged for cash, goods or services.
3.4 The Prize is not transferable and must be accepted by the winner
4.1 Melanie Eusebe reserves the right to use the voice, image, photograph, name and like-
ness of the winners for publicity and in advertising, marketing or promotional material without additional compensation or prior notice to the winners. In entering the Competition, all participants consent to such use of their voice, image, photograph, name and likeness.
4.2 Copyright of any material produced as part of the competition is owned by Melanie Eusebe and/or its content suppliers.
4.3 Unauthorised use of the material produced as part of this competition, including reproduction, storage, modification, distribution or publication without the prior written consent of Melanie Eusebe or, where applicable, the respective competition entrant is prohibited.
4.4 Where you are able to submit any contribution to this competition you agree, by submitting your contribution, to grant Melanie Eusebe a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution.
4.5 If you do not want to grant Melanie Eusebe the rights set out above, please do not submit your contribution to Melanie Eusebe.
4.6 By submitting your contribution to Melanie Eusebe you warrant that your contribution
is your own original work and that you have the right to make it available to Melanie Eusebe
Awards for any or all of the purposes specified above. Furthermore, you warrant your contribution is not defamatory, does not infringe any law, you indemnify Melanie Eusebe against all legal fees, damages and other expenses that may be incurred by Melanie Eusebe as a result of your breach of the above warranty and waive any moral rights in your contribution for the purposes of its submission to and publication on the Site and the purposes specified above.
5 Data protection
5.1 You consent to your first name, photograph and social media handles about you being disclosed on Melanie Eusebe’s digital channels or other media if you win any Prizes under the Competition
5.3 By entering the Competition, you agree that Melanie Eusebe may contact you in rela-
tion to the Competition.
5.4 This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, Twitter or any other social network
6.1 Melanie Eusebe does not accept liability for any damages whatsoever, including, without
limitation, indirect or consequential damages, loss of profits, or any damages whatsoever arising out of, or in connection with the competition.
6.2 Except in the case of death or personal injury arising from its negligence, or in respect of fraud, and so far as is permitted by law, Melanie Eusebe and its associated companies and agents and distributors exclude responsibility and all liabilities, whether direct or indirect, arising from:
6.3 Melanie Eusebe does not accept responsibility for any liability arising from technical
incompatibility, problems relating to the internet, or technical difficulties of any kind and no responsibility can be accepted for entries not received for whatever reason.
6.4 Melanie Eusebe shall not be liable, whether in tort, contract, misrepresentation or otherwise for loss of profits, loss of anticipated savings, loss of goods, loss of use, loss or corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses
6.5 You agree to indemnify Melanie Eusebe against all liabilities, claims and expenses that
may arise from any breach of your agreement with Melanie Eusebe.
6.6 We reserve the right to change the Competition rules and these Terms and Conditions from time to time.If we do so, we will always have the most up to date terms and conditions on the Website and in the case of a discrepancy between these terms and conditions and those on the Website, the Website terms and conditions will apply.
7.1 These Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales. Any disputes arising here shall be exclusively subject to the jurisdiction of the courts of England
Last Updated: JUN 18, 2019