DISCOVERY COMPETITIONS GENERAL TERMS & CONDITIONS
1. These terms and conditions apply to all competitions featured on-air on any of the Discovery group of companies’s broadcast channels, in Discovery’s interactive or mobile services, included online at www.discoveryuk.com website, and any other competitions organised by Discovery (or a third party on Discovery’s behalf). The relevant Discovery company/ies involved in promoting a particular competition will be detailed in the competition information for that competition.
2. By entering a competition entrants accept these terms and conditions together with any specific Additional Terms, and /or instructions, and terms for such competition which may be mentioned on-air, interactive or mobile, in any other electronic messages, or on the website, or communicated to entrants in any other way (“competition information”). Together these general terms and conditions and the competition information shall be referred to as the “competition terms and conditions”. If there is any inconsistency between these general terms and conditions and any competition information, the competition information will prevail.
3. If you do not agree with any of the competition terms and conditions then you should not take part in the competition.
4. Discovery may cancel or amend any competition, competition information, or these terms and conditions without prior notice. Any changes will be posted either within the competition information, on the website www.discoveryuk.com or these terms and conditions
Competition General Terms and Conditions
The following general terms and conditions apply to all competitions promoted by Discovery.
5.1. Entrants must meet the eligibility requirements as specified in the competition terms and conditions. Failure to meet the eligibility requirements may result in an entry being invalid and/or forfeiture of any prize.
5.2. The competition is open to all residents of the United Kingdom, which comprises England, Northern Ireland, Scotland and Wales aged 18 years or over at the time of entering the competition, unless specified otherwise. For the avoidance of doubt, Jersey, Guernsey, and the Isle of Man do not form part of the United Kingdom for these purposes.
5.3. Discovery reserves the right to ask competition winners for proof of UK residency and if a competition winner is unable to prove their residency to Discovery's satisfaction (i.e. prove that they are physically present in the UK for 183 days or more in the previous or current UK tax year), Discovery reserves the right to select an alternative winner.
5.4. There is no maximum age limit unless specified otherwise in the competition information.
5.5. Employees and members of their immediate families (including any live-in partner) of Discovery, companies within the Discovery group of companies and any of their subsidiaries and/or agencies associated with this competition, including the provider of the prize, the producer of the programme, or any person connected with the administration or otherwise of the competition and/or prize where applicable, are ineligible to enter. Any such entries are invalid.
5.6. Discovery reserves the right in its sole discretion to ask for evidence to verify the age, identity and/or eligibility of an entrant at any time, and to use any channels and methods available to carry out checks of any details provided. Discovery may withhold delivery of the prize until it has received such evidence and failure to provide such evidence may result in forfeiture of the prize. Entrants may only enter the competition in their own name.
6.1. The opening and closing dates and times for entries are as indicated in the competition information. Any entries received before the opening and after the closing of the competition will be invalid, may still be charged and will not be entered into the competition.
6.2. By entering the competition entrants warrant that all information submitted by them is true, current, and complete. Where applicable entrants also warrant that they are the copyright owners of any copyright works submitted, for example photographs and drawings, and Discovery's use of such works will not infringe the rights of any third party.
6.3. In order to enter the competition, entrants must answer the question or complete the task and provide the information as indicated in the competition information. Entrants may be required to provide their full name, full contact telephone number (including area code) or other method of contact (if applicable), email address and any other information as specified at the time of entering the competition. Discovery will not be able to amend such information once entry to the competition has been made.
6.4. Each entrant will be charged the cost of entry as indicated in the competition information whether their entry to the competition is successful or not. Entrants must have the permission of the bill payer before entering the competition. The cost of entry and any entry delivery costs as indicated in these general terms and conditions or in the competition information includes taxes.
6.5. Discovery cannot guarantee that entries made from outside the United Kingdom will be entered into the competition and charges will depend on the relevant service provider’s international rates. If an entrant enters the competition from outside the United Kingdom they must still meet any applicable eligibility criteria. There is no warranty that the service is available, legal or appropriate for use in locations outside the UK.
6.6. Any limit on the number of entries a person or household may make will be clearly stated in the competition information. Entries received in excess of this limit will be invalid and will not be entered into the competition.
6.7. Entry to the competition may only be made through the applicable method(s) indicated in the competition information. Not all of the following methods of entry may be available for entry to each competition. The following terms and conditions will apply where the method is indicated as being available in the competition information. Where entrants pay an entry fee, they must have the permission of the bill payer before entering, otherwise the entry will be invalid.
6.7.1. Entry via Premium Rate Telephone Service (‘PTRS’)
Where applicable and specified as an available method of entry entrants may enter a competition by calling a premium rate telephone number and/or by sending a premium rate SMS. PTRS entrants may submit no more than 5 entries per premium rate entry route per originating telephone number. Entries over the maximum number of entries for each method of entry from the same originating telephone number will not be entered into the competition. There is no limit on the number of entries that can be made via non-premium rate entry routes unless otherwise specified in the competition information.PTRS entrants via SMS will receive an SMS confirming their entry, which may include information about the programme/s, its sponsor or other services relating to the competition. Where applicable, SMS entrants may opt out of receiving any additional marketing messages (please see refer to the competition information for further details).
PTRS entries sent by SMS which are received after the stated competition closing time will be invalid and will not be entered into the competition. Discovery accepts no liability for any SMS entry charges incurred regardless of whether the entry is received before the competition closing time. If a text message entry is received by Discovery after the stated competition closing time, the entrant will receive a free text message informing them that their entry was received late and was not therefore entered into the competition; however, the entrant will not be entitled to a refund of the standard network charge imposed by the entrant’s mobile network when they entered the competition by text message.
6.7.2. Red Button entry
Where applicable and specified as an available method of entry, Red button entrants should follow the instructions on the red button application. The entrant will be the Sky or Virgin Media customer who is registered at the telephone number.
The cost of entry will be as indicated in the competition information. The cost of entry will appear on the telephone bill of the phone line used if the entrant is a Sky subscriber, or on their cable bill if the entrant is a Virgin Media subscriber.
6.7.3. Web entry
Where applicable and specified as an available method of entry, Web entrants are required to follow the instructions on the website as indicated in the competition information. Web entrants may receive a message confirming entry to the competition. Web entrants may be required to supply their name, and/or email address and/or a contact telephone number and/or any other details. There is no charge for website entries but internet service provider’s fees may apply when accessing the internet.
6.7.4. E-mail entry
Where applicable and specified as an available method of entry, E-mail entrants may enter the competition by sending an e-mail to the relevant e-mail address and providing the information as indicated. There is no charge for e-mail entries but internet service provider’s fees may apply when accessing the internet. Entrants may receive a message confirming their entry to the competition.
6.7.5. WAP portal entry
Where applicable and specified as an available method of entry, WAP entrants may enter the competition via the mobile portal as indicated in the competition information (the “WAP portal”). Entrants are required to click on the link to the competition and follow instructions to provide the required information. Discovery does not charge users for browsing the WAP portal or when entering a competition via the WAP portal. However, mobile network operators may charge their customers’ data charges for using the mobile internet/browsing tools. Data charges may vary depending on the entrant’s mobile network operator and tariff and entrants should contact their network operator for more details.
6.7.6. Postal entry
Where applicable and specified as an available method of entry, postal entrants may enter the competition by mailing their full name, email address and/or a contact telephone number (including area code) or other method of contact (as applicable), as well as other required information and/or material to the postal address as specified in the competition information. Entries should be sent either on a postcard, or on/in a sealed envelope. Entries received in any other postal form may be deemed invalid. It is recommended that postal entrants send in copies rather than original material as such material will not be returned unless otherwise specified in the competition information. Entries sent by post must be received at the relevant postal address specified for entries by the closing date and time for receipt of entries. It is the responsibility of the postal entrant to ensure correct and sufficient postage is paid. Postal entries without correct and sufficient postage paid will be invalid and will not be considered. Unless otherwise specified, personal and hand deliveries will not be accepted. Discovery Channel does not accept responsibility for any incorrectly addressed or undelivered entries or for any disruption, delay or misdirection of postal entries.
6.7.7. Entry via social network sites such as Facebook and Twitter
Where applicable and specified as an available method of entry, social network site entrants may enter the competition by responding with the information indicated in the competition details by posting their answer within their comment. There is no charge for such entries.
Neither Discovery nor its servants, agents, nor any other party or organisation involved in the management, promotion, or administration of the competition or its entry routes or donation of prizes or their agents or subsidiaries involved in the competition will accept responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions (including but not limited to security functions by software used by Discovery or any third party), virus, bugs, or other causes outside its control.
Entries must not be sent in through agents, third parties or on behalf of another person. Such entries are void. Bulk entries are void and cannot be accepted. Entrants may enter 5 amount of times unless otherwise indicated in the competition information but no more than one prize per person per competition will be awarded.
Any entries which are above the maximum number of entries for each method of entry as specified in the competition information or which are incomplete, without all the required information, inaudible, incomprehensible, made or received after the deadline for receiving entries has passed or which are not received by Discovery or are not otherwise in accordance with the competition terms and conditions will be void and will be discounted.
6.11 In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of any answers given by entrants, or the operation of any part of the competition, network or phone system, the decision of Discovery shall be final.
7.1 Any restriction on the number of times you may participate in the competition or other restrictions is as specified in the competition information.
8. The Prize
8.1 The prize is as specified in the competition information. Unless otherwise stated in the competition information only one prize per person is permissible.
8.2 The prize is subject to availability and to winner confirmation, i.e. Discovery has managed to contact the winner and received confirmation of eligibility. The prize is also subject to the terms and conditions of the prize provider, their agents, and where applicable to the terms of the venue.
8.3 Where the prize relates to travel and/or accommodation, the prize will be subject to availability and certain dates may be excluded when the winner may not take up the prize. All elements relating to such prize must be taken up during one period, and not on non-consecutive dates. The winner (and their companion(s) if applicable) will be required to hold a valid passport and/or other necessary travel documentation, authorization and visas. Where the prize relates to travel for more than one person, the winner and their companion(s) must travel together, departing from and returning to the same location at the same time and on the same itinerary. The prize provider and/or their agents cannot guarantee that seats will be adjacent to each other.
8.4 Where the prize and/or information relating to the prize is to be provided directly to the winner by a third party, the winner (and where applicable, their companion(s)) is (are) required to comply with all instructions and necessary requirements as may be specified by the third party to receive and/or take up the prize, including but not limited to contacting such third party within specified time frames, adhering to the itinerary as specified, paying any required charges and/or costs which are not included in the prize, completing any required forms including but not limited to booking forms and to delivering any required documentation to that third party, including but not limited to proof of identification. Discovery will accept no responsibility and will not be liable to the winner or any other persons where the winner fails to comply with such instructions and such failure may result in forfeiture of the prize.
8.5 The winner (and where applicable, their companion(s)) may be required to provide their signature as proof of their agreement to relevant waivers, releases and/or consents when taking up the prize. Failure to sign any relevant documentation may result in forfeiture of the prize.
8.6 The prize excludes all other costs and arrangements not expressly included in the prize (as stated in the competition information). Additional charges and expenses incurred for goods, services, attractions, facilities, upgrades, activities and events not expressly included in the prize are payable solely by the winner (and where applicable their companion(s)). Discovery will not be held liable where such charges and/or expenses are incurred, and no refund or reimbursement will be made. Discovery will accept no responsibility where the winner is unable to pay in full, any such charges and/or expenses as incurred.
8.7 No cash equivalent or alternative prize will be given and the prize is non-transferable and non-exchangeable. However, Discovery reserves the right to change the prize due to circumstances beyond its control or if any part of the prize otherwise becomes unavailable, and/or to offer an alternative prize. If for any reason the winner chooses not to take up the prize or any part of the prize, Discovery reserves the right to ask the winner to confirm this in writing and Discovery will be able to retain or dispose of the prize at its own discretion. 8.8 Discovery may refuse to provide a prize, or seek its recovery, in the event of non-entitlement under the competition terms and conditions or an entrant's breach of the competition terms and conditions, fraud or dishonesty, including but not limited to the use of technology which enables an entrant to evade applicable charges when entering the competition.
9. Winner Selection and Contact
9.1 The winner of the competition will be selected in a random draw from all eligible entries submitted before the closing date and time and received by Discovery. The prize draw for the winner will take place on the date indicated in the competition information. Unless stated otherwise in the competition information, the winner will be the first correct entry drawn at random from all entries, subject to eligibility and winner confirmation.
The winner will be contacted as soon as practicable on or after the draw date as indicated in the competition information. Reasonable efforts will be made to contact a winner on the phone number provided when entering the competition or such other method of contact deemed appropriate by Discovery in its sole discretion in the circumstances. Where the prize is time critical and a winner needs to be found before the time to take up the prize passes, the announcement on air or the competition information will indicate the date when the winner will be contacted and Discovery will contact such winner on the phone number (or other method of contact (if appropriate)) they provided, as indicated in the competition information. If the winner cannot be contacted or successful contact is not made within the fixed time period as specified or if they fail to provide an address for delivery of the prize or fail to meet any of the eligibility requirements or are otherwise unable to comply with the competition terms and conditions, this may result in forfeiture of the prize and Discovery reserves the right to disqualify that entrant (without further liability to that entrant) and offer the prize to the next eligible entrant and thereafter until a winner is found.
Discovery or prize provider(s) endeavour to deliver the prize to the winner within twenty eight (28) days from the date of winner confirmation unless stated otherwise in the competition information, with the exception that where the prize is time critical Discovery or the prize provider(s) endeavour to deliver the prize to the winner as soon as reasonably practicable before the necessary time to take up the prize.
Any entrant and/or winner must comply with any directions given to him or her by Discovery, prize provider(s) and/or their agents and with all relevant laws, rules and regulations, restrictions, itinerary, and where applicable, compliance with the Ofcom Broadcasting Code. Failure to comply with instructions, itineraries, rules, restrictions, requirements, laws and guidelines may result in an invalid entry and/or forfeiture of the prize.
In relation to all competitions promoted by Discovery:-
10.1. Nothing in the competition terms and conditions restricts your statutory rights as a consumer.
10.2. Nothing in the competition terms and conditions shall exclude or limit Discovery, the programme producer’s or Discovery group’s liability for death or personal injury caused by their staff or supplier’s negligence or for fraud.
10.3. Subject to 10.1 and 10.2, Discovery, other companies within Discovery and/or the programme producers do not accept responsibility for any fault, malfunction, damage, loss or disappointment suffered by you as an entrant or participant howsoever arising from participating in the competition or from accepting any prize whether due to any error, omission or other cause by Discovery, the programme producers or its or their employees, agents or others.
10.4. Subject to 10.1 and 10.2, none of Discovery, the prize provider and/or the programme are responsible for any damage or loss caused to you (i) which is not reasonably foreseeable to you and to Discovery, the programme producers and/or the prize provider when you agree to the competition terms and conditions (which occurs automatically when you enter a competition) or (ii) is reasonably foreseeable to you and to Discovery, the programme producers and/or the prize provider when you agree to the competition terms and conditions but is only indirectly related to you entering or participating in a competition.
10.5. Subject to 10.1 and 10.2, Discovery, the programme producers and/or the prize provider reserve the right to amend any element of the competition or prize for reasons beyond their reasonable control, including but not limited to the unavailability of the competition entry platform before the closing date, or for strike, lock-out, labour dispute, illness, act of God, natural disaster, adverse weather conditions, war, riot, civil commotion, accident, epidemic or pandemic, malicious damage, fire, flood and/or storm, compliance with law or governmental order, rule, regulation or direction, breakdown of plant, machinery or transportation. Discovery, the programme producers and/or the prize provider is not responsible for any loss or damage caused to you as a result of any of these occurrences.
10.6. Subject to 10.1 and 10.2, none of Discovery, the programme producers or the prize provider can promise that the services relating to the competition will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of any problem with any telephone network or line, system, server, software, or for any technical malfunction or failure, maintenance or repair or for reasons reasonably beyond the control of Discovery, the programme producers and/or the prize provider. None of Discovery, the programme producers or the prize provider will be liable to you or to any other person in the event that any entry is lost or not properly received, registered or recorded or where all or any part of the service relating to the competition is discontinued, modified or changed in any way.
10.7. You agree to reimburse Discovery, the programme producers and/or the prize provider in respect of any damages suffered by Discovery, the programme producers and/or the prize provider or any losses by Discovery, the programme producers and/or the prize provider resulting from any claim made by a third party in each case in respect of any matter arising from your use of the services relating to the competition in breach of the competition terms and conditions or from your violation of any applicable law or regulation.
10.8. Subject to 10.1 and 10.2, Discovery, the programme producers and/or the prize provider will not be liable to reimburse the cost or expenses incurred in participating in the competition.
10.9. Subject to 10.1 and 10.2, Discovery, the programme producers and/or the prize provider do not accept responsibility for any incorrectly addressed or undelivered competition entries, any disruption, delay or misdirection of such entries.
11.1. Information and data ("personal data") which is provided by you when you enter the competition will be held and used by the prize provider, Discovery, the producer of the programme (if applicable) and their service providers, network operators, suppliers and contractors in order to administer and fulfil the competition and prize in connection with payments for entry to the Competition.
11.2. Discovery will only pass your data to third parties for marketing purposes if you have accepted to receive marketing information from those third parties.
11.4. Discovery and/or the prize provider may be required to send personal data of the winner (and where applicable, their companion(s)) to third parties outside the United Kingdom, for the purposes of fulfilling and administering the competition and/or the prize and the competition winner agrees to such transfer for these purposes.
11.5. The winner of the competition may be required to participate in publicity. Discovery (or any third party nominated by Discovery) may exercise its sole discretion to use the competition winner’s (and if applicable their companion’s) name and image and their comments relating to the prize and competition experience for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid.
12.1. When you pay for a competition entry, any rights you may have to withdraw from or cancel your purchase (including but not limited to under the Consumer Protection (Distance Selling) Regulations 2000) will be lost because the performance of our services is simultaneous or begins immediately once your purchase is completed.
12.2. You agree that you do not have any commercial relationship with Discovery, the programme producers and/or the prize provider, and that you are not an agent of Discovery, the programme producers and/or the prize provider.
12.3. Any entrant must comply with any directions given to him or her by Discovery including but not limited to any and all relevant laws, rules and regulations, and where applicable, compliance with the Ofcom Broadcasting Code and PhonePayPlus Code of Practice.
12.4. The competition terms and conditions are available in English only and shall be exclusively governed by and construed in accordance with the laws of England and Wales unless the entrant to the competition is a Scottish or Northern Irish resident in which case he/she may choose the law of their residence and they irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
12.5. The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these terms and conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
12.6. These terms and conditions were last updated on 1st September 2011.
13. Contact Details
13.1. The customer service team for Discovery can be contacted as indicated in the competition information or as otherwise stated in the main terms and conditions at www.discoveryuk.com.
13.2. the relevant Discovery company/promoter of the competition will be as specified in the competition information Additional Terms and Conditions. Otherwise Discovery shall mean Discovery Communications Europe Limited, a company registered in England and Wales at registered office Chiswick Park Building 2, 566 Chiswick High Road, London W4 5YB