Terms and conditions

ULTIMATE DAY PROMOTION

This competition (“Promotion”) is open to all residents of England, Scotland, Wales and Northern Ireland aged 16 or 17 years old as at 16 July 2009. All entrants must have the consent of their parent or guardian to enter and to take up the prize. Proof of age may be required. Employees (or family members of employees) of any group company of the Promoter, companies associated with the Promotion and all affiliates of such companies may not enter this Promotion.
Entrants will be deemed to have accepted these terms and conditions and agreed to be bound by them when entering this Promotion.
To take part in this Promotion visit www.theultimateday.co.uk. You will need to upload your videos or photo to the site and complete the submission form online and enter your full name, phone number and email address. Maximum of one entry per person.
Closing date: All entries must be received by 11.59pm on 31 August 2009.
The Promoter does not accept responsibility for network, computer, hardware or software failures of any kind, which may restrict or delay the sending or receipt of your entry. Entries must not be sent in through agents or third parties. Incomplete entries, and entries which do not satisfy the requirements of these terms and conditions, will be disqualified and will not be counted.
Each video entry must: comply with these terms and conditions. In particular, each entry must:
- be no longer than 1minute 30 seconds in length;
- comply with the terms and conditions of YouTube.com (for the purposes of this Promotion, if the YouTube.com terms and conditions conflict with these Promotion terms and conditions, these terms and conditions shall take precedence);
- be submitted in English;
- not include any elements that insult or humiliate anyone or any groups of people.;
- Comply with paragraph 7 of these terms and conditions.
You promise and guarantee that your entry: (i) was created by you and is original to you; (ii) does not infringe any other person’s rights (for example, you may not include any music soundtrack or any copyright protected work, unless you have obtained all necessary consents); (iii) complies with these terms and conditions; (iv) only contains an image of you, and/or if anyone else appears in the entry, that you also have that person’s written consent to use their image, name and/or voice in your entry into this Promotion; (v) does not contain any information which is subject to any confidentiality obligation (vi) does not contain any viruses or other contaminants that have the ability to modify, delete or damage computer programs and hardware; (vii) does not feature any person who was under the age of 13 at the time the video was created; and (viii) is not unlawful in any way.
You shall compensate and reimburse the Promoter, its directors, employees, agents and representatives against any claim received, or damages suffered, by the Promoter resulting from submission of your entry.
You grant the Promoter a perpetual, irrevocable, worldwide, non-exclusive, royalty-free licence to use, reproduce, display, adapt, distribute, and promote your video in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose.
You hereby waive your moral rights (and all similar rights) and agree not to assert your moral (or similar) rights relating to your entry wherever in the world arising. You shall procure the waiver of any other person who is featured in your entry.
Once an entry is submitted or after it has been posted, the Promoter may review your entry for content which may, in the reasonable opinion of the Promoter, bring the Promoter or any of its brands into disrepute, or which does not comply with these terms and conditions. Entries which do not comply will not be posted or may be suspended or permanently removed without notice. Successful entries will be posted on the site within 3 working days of their submission.
The public will be invited to rate their favourite videos on or before the deadline of 31st August. The 15 top rated entries will be short listed. The Promoter will also select and add a further 5 entries to the shortlist, which it considers in its sole discretion to be worthy of inclusion on the shortlist The shortlist will then be put forward to the judging panel.
Five (5) winners will be selected by the judges on or around 11th September 2009 from amongst the short listed entries.
The winning entries will be the entries which, in the opinion and sole discretion of the panel of judges (which shall comprise at least one independent judge), demonstrate the greatest degree of originality and creativity in its interpretation and execution of the entry requirements.
Winners will be notified by email or phone by 5pm on or around Friday 11th September 2009.
Prize(s): Each of the 5 winners will win their ‘ultimate day’ for themselves and up to 3 of their friends (each a ‘winning group’) up to the value of £2,000 (including without limitation the cost of insurance).
Every member of the winning group must be aged 16 or over. The Promoter reserves the right to require that a parent/guardian of the winner (and of each member of the winning group) must sign a consent form and a liability waiver in favour of the Promoter before the prize is granted to the winner. In the absence of such consent and waiver, the winner will forfeit the prize. If they wish, a parent or guardian of the winner and each member of the winning group may attend the Ultimate Day (at their own cost and expense) for the sole purpose of supervising the winner/winning group, though they will not be permitted to participate in the activities involved.
The prize must be taken up within 3 months after the winner has been notified of their win. The exact details of what is included as part of the prize will be notified to the winner within 7 days of the date of notification. Blackout dates may apply, for example, travel, restaurant, hotel (and similar) reservations are not permitted over Christmas, New Year and Easter periods.
All dates are subject to availability at the time of booking.
The prize does not include personal expenditure and other incidental costs other than those specifically included.
The Promoter reserves the right to substitute the prizes (or any part of them) for a prize of equivalent or greater monetary value if this is necessary for reasons beyond its control. There is no cash alternative to the prizes (or any part of them) and unless agreed otherwise in writing the prizes are non-refundable and non-transferable.
Third party terms and conditions apply to parts of the prize where applicable.
The Promoter reserves the right to amend these terms and conditions at any time.
The Promoter will not be liable for prizes (or any part of any prize) which do not reach the winners for reasons beyond the Promoter’s reasonable control.
If any winner is not able, for whatever reason, to accept a prize, or cannot be contacted within 14 days of the draw date, the Promoter reserves the right to award the prize to another entrant.
The judges’ and Promoter’s decisions shall be final and binding in all respects on all entrants. No correspondence will be entered into. Entries that do not comply in full with these entry rules and conditions will be disqualified.
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, the Promoter and its associated companies and agents exclude responsibility and all liabilities arising from:
1. any postponement or cancellation of any competition to which these terms and conditions relate, and
2. any changes to, supply of, or use of the prize, and
3. act or default of any third party supplier,
which are beyond the Promoter’s reasonable control.
Details of prize winners’ names and county will be available for one month after the close of the Promotion by writing to the Promoter at the address set out below and stating the name and date of the Promotion.
Winner(s) agree to allow the Promoter to use their name and likeness for advertising and publicity purposes without additional remuneration.
The winner may be required to sign a separate agreement confirming the entry complies with these terms and conditions to claim the prize and you agree to do so if you win.
All intellectual property rights in the content available on the www.theultimateday.co.uk website belong to the Promoter or its licensors. All rights are reserved. No such content may be reproduced or redistributed with out the Promoter’s written consent.
The Promoter will use each winner’s, and each entrant’s, personal details for the purpose of administering this Promotion.
The Promoter and its business partners may also use the details you give us to contact you about our products and services. By opting in you are indicating your agreement to this unless you tell us otherwise.
This Promotion, and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with English law. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Promotion.

Terms and Conditions for voters/those who wish to rate a video

This rolling free prize draw (“Prize Draw”) is open to all residents of England, Scotland, Wales and Northern Ireland aged 13 to 17 years old (as at 16 July 2009) who vote for their favourite Ultimate Day video. Proof of age may be required. Employees (or family members of employees) of any group company of the Promoter, companies associated with the Prize Draw and all affiliates of such companies may not enter this Prize Draw.
You must obtain your parent or guardian’s permission before you enter. Please ask them to look through these terms and conditions with you and make sure they are happy for you to enter. We will also obtain permission from your parents before we give out any prize.
Entrants will be deemed to have accepted these terms and conditions and agreed to be bound by them when entering this Prize Draw.
To take part in this Prize Draw simply visit www.theultimateday.co.uk and rate your favourite Ultimate Day video(s). To enter this Prize Draw, you will need to enter your full name, phone number and email address on the online form.
Closing date: This Prize Draw closes at 5pm on 28th August 2009.
The Promoter does not accept responsibility for network, computer, hardware or software failures of any kind, which may restrict or delay the sending or receipt of your entry. Entries must not be sent in through agents or third parties. Incomplete entries will be disqualified and will not be counted.
One winner per draw will be selected at random by an independent adjudicator from all complete, correct and eligible entries received by the relevant draw date.
A draw will take place on each of the following dates:
- Week 1 – 7th August 2009
- Week 2 – 14th August 2009
- Week 3 – 21st August 2009
- Week 4 (The final draw) – 28th August 2009
Each winner will be notified by e-mail or phone within 14 days of the relevant draw date. All entrants who are not winning entrants will be entered into each remaining draw.
Prizes: Prizes are sourced through a third party via The Promoter and will be subject to third party terms and conditions. A selection of activities will be available as prize options. Some prizes may be restricted by age or location limitations to be outlined by the third party at the time of prize redemption.
Each prize must be taken up within 3 months after the winner has been notified of their win.
Every member of the winning group must be aged 13 or over. The Promoter reserves the right to require that a parent/guardian of the winner (and of each member of the winning group) must sign a consent form and a liability waiver in favour of the Promoter before the prize is granted to the winner. In the absence of such consent and waiver, the winner will forfeit the prize. If they wish, a parent or guardian of the winner and each member of the winning group may attend the prize (at their own cost and expense) for the sole purpose of supervising the winner/winning group, though they will not be permitted to participate in the activities involved.
The Promoter reserves the right to substitute the prizes (or any part of them) for a prize of equivalent or greater monetary value if this is necessary for reasons beyond its control. There is no cash alternative to the prize(s) (or any part of them) and unless agreed otherwise in writing the prizes are non-refundable and non-transferable.
Third party terms and conditions apply to parts of the prize where applicable.
The Promoter reserves the right to amend these terms and conditions at any time.
The Promoter will not be liable for prizes (or any part of any prize) which do not reach the winners for reasons beyond the Promoter’s reasonable control.
If any winner is not able, for whatever reason, to accept a prize, or cannot be contacted within 14 days of the draw date, the Promoter reserves the right to award the prize to another entrant.
The Promoter’s decision is final and binding in all respects on all entrants. No correspondence will be entered into. Entries that do not comply in full with these entry rules and conditions will be disqualified.
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, the Promoter and its associated companies and agents exclude responsibility and all liabilities arising from:
1. any postponement or cancellation of any competition to which these terms and conditions relate, and
2. any changes to, supply of, or use of the prize, and
3. act or default of any third party supplier,
which are beyond the Promoter’s reasonable control.
Details of prize winners’ names and county will be available for one month after the close of the Prize Draw by writing to the Promoter at the address set out below and stating the name and date of the Prize Draw.
Winner(s) agree to allow the Promoter to use their name and likeness for advertising and publicity purposes without additional remuneration.
The Promoter will use each winner’s, and each entrant’s, personal details for the purpose of administering this Prize Draw.
The Promoter and its business partners may also use the details you give us to contact you about our products and services. By opting in you are indicating your agreement to this unless you tell us otherwise.
This Prize Draw, and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with English law. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Prize Draw.

The Promoter is: The Drinkaware Trust, 7–10 Chandos St, London W1G 9DQ. Registered in England Wales No. 4547974. Company limited by guarantee. Registered Charity No. 1094586.