General application of these terms

1.1 These terms and conditions (the “General Terms”) shall apply to each prize competition (each a “Competition”) that Baldwins Travel Agency Ltd (“Baldwins Travel”) offers in its printed publications or online.

1.2 In addition to these terms, each Competition may also have its own specific terms and conditions (such terms “Specific Terms”) which, where relevant, will be published either alongside the notice of the Competition in the relevant magazine and/or website, or otherwise linked to therein.

1.3 You should always read these General Terms together with the Specific Terms. If any Specific Terms conflict with these General Terms, the Specific Terms will take precedence for the purposes of the relevant Competition to which they apply.

1.4 These terms give Baldwins Travel certain rights to use your personal data – please see clause 6 for details of these rights.

1.5 We may change these General Terms at any time so you should check this page regularly for any changes. Changes will apply from the date (the “Publication Date”) that they are published on this page.

1.6 By entering any Competition (as set out in clause 3 or in any relevant Specific Terms) you are accepting that you will be legally bound by these General Terms and the applicable Specific Terms.

1.7 Unless otherwise specified in the Specific Terms each Competition is promoted by Baldwins Travel Group Limited (company number 2645135) a company registered in England whose registered office is at 128 City Road, London, UK, EC1V 2NX

1.8 If you have any concern in relation to any of our Competitions, you can contact us by:

1.8.1 first, contacting the publication which promoted the competition using the contact details provided in the Specific Terms; or

1.8.2 if you have entered a Competition online using the contact details provided in the Specific Terms; and

1.8.3 if you are not satisfied with the initial response from the publication (as applicable), please email [email protected] or write to the party identified in the Specific Terms.

In all correspondence, please state the name of the Competition, the name of the print /digital publication or webpage which promoted it and (where applicable) details of the initial response.

2. Eligibility

2.1 Unless we impose an alternative age limit for a Competition it will be open to all persons aged 18 or over who are lawfully resident in the UK at the date of their entry.

2.2 Certain Competitions may have additional eligibility requirements, which will be detailed in the applicable Specific Terms.

2.3 Whether any eligibility requirement has or has not been met will be decided at Baldwins Travel’s sole discretion and we may require evidence or confirmation from entrants before awarding prizes.

2.4 Baldwins Travel Group Limited employees and their immediate families (and the employees of any third-party sponsors, prize providers or their immediate families) may not enter any Competition.

3. Entering competitions

3.1 Unless otherwise specified in the Specific Terms, Competition entries are limited to one entry per person. If you make any attempt to submit multiple entries to a Competition, we reserve the right to treat all entries which you make or have made as null and void. For the avoidance of doubt, the following practices are prohibited:

3.1.1 using multiple e-mail addresses, telephone numbers, or aliases to enable you to submit multiple entries to a Competition.

3.1.2 using any form of automation to submit entries.

3.1.3 using any name or alias to enter a Competition using an identity other than your own; and

3.1.4 entering into any agreement to enter a Competition on behalf of a group, syndicate or team.

where any individual is determined by Baldwins Travel to have entered a Competition in breach of any of the terms of this clause 3, Baldwins Travel reserves the right to reject that individual’s entry, to disqualify that individual from receiving any kind of prize, or (where that individual has already received a prize) to require the return or reimbursement of that prize.

3.2 Competitions will always have one or more method of entry that does not require entrants to pay for participation in the Competition itself (though certain methods of entry may be subject to the payment of a fee). The specifics of the unpaid method of entry should be listed in the Specific Terms – however, if you need any assistance or if the unpaid method is unclear, please contact us at the address set out in clause 1.7.

3.3 Where competitions are offered free to enter Online you will need to follow the on-screen instructions and may be asked to confirm acceptance of these terms before you are permitted to proceed. You may be required to give your email address or other information in order to enable us to communicate with you about the conduct of the competition.

3.4 Where competitions are offered free to enter in a printed publication you will need to follow the entry directions given in that publication. You may be required to complete a written form in order to be able to enter, which you should send to the given address. You may be required to provide various details about yourself and your contact details in order to enable us to contact you and to validly enter the competition.

3.5 In all Competitions, we reserve the right to reject any entries that are incomplete, incomprehensible, damaged or otherwise deficient. We also reserve the right to reject entries that are unlawful, indecent, racist, inflammatory, defamatory or which we consider to be otherwise harmful. We accept no responsibility for any late, lost or misdirected entries including but not limited to texts, calls or emails not received due to technical disruptions, network congestion, loss in service of online entry mechanisms, computer error in transit or any other reason. Proof of posting of any postal entry will not be proof of our receipt of that entry. We cannot enter into correspondence with entrants who experience difficulties with entering online.

4. Prizes

4.1 Where an individual becomes entitled to win a prize as a result of making a successful entry to a Competition Baldwins Travel will endeavour to notify that individual as soon as reasonably possible using the contact details provided by that individual alongside their entry. Where any individual cannot be contacted using such details Baldwins Travel reserves the right to void their entry and to award the relevant prize to an alternative participant at its discretion.

4.2 Where Baldwins Travel is unable to contact an individual to inform them that they have won a prize, or where a prize winner fails to identify themselves to Baldwins Travel within thirty days of becoming eligible to claim a prize, Baldwins Travel reserves the right to reallocate the relevant prize to an alternative entrant and/or to cancel the relevant Competition.

4.3 Baldwins Travel reserves the right to replace any advertised prize with an alternative prize without prior notice. Such prizes may not be of a similar type to the original prize (for example, Baldwins Travel may elect to provide an entrant with an award of cash rather than an advertised physical item).

4.4 Where an alternative prize is issued pursuant to clause 4.3 Baldwins Travel shall, in its sole discretion, endeavour to offer an alternative which is of broadly equivalent value to the original prize.

4.5 Baldwins Travel does not offer cash alternatives for prizes and entrants to Competitions shall have no right to request or claim non-cash alternatives or any other form of alternative prize.

4.6 Where, for any reason, any prize is won by a person younger than 18, Baldwins Travel reserves the right to award the prize to the prize winner’s parent or guardian on behalf of the prize winner.

4.7 Prizes will be despatched to the winners via the UK mail service, unless otherwise stated. We will not be liable for any prizes which are lost, delayed, or damaged in the post for reasons beyond our reasonable control. Further details will be set out in the Specific Terms and/or given to winners when they are notified that they’ve won.

4.8 Prizes will only be delivered to an address within the UK. Should a prize winner’s contact details change, it is their responsibility to notify us, or the contact person(s) detailed in the Competition’s Specific Terms and/or to arrange for an alternative delivery address to be made available.

4.9 Baldwins Travel reserves the right to request proof of a prize winner’s identity in the form of a passport or driver’s licence and proof of address in the form of a utility bill. In the event that a prize winner cannot provide us with proof of identity and/or address that is reasonably acceptable to us, we may withdraw the prize and select another prize winner.

4.10 All prizes are subject to availability, non-transferable and non-exchangeable. Where prizes consist of entry tickets, attendance at events, holidays and similar time-specific benefits, they must be taken on the dates specified by us (or any relevant third-party provider). Prize winners will forfeit any element of their prize that they do not take at the time stipulated in the Specific Terms. No cash will be awarded in lieu of that prize or any part of it.

4.11 Any tax or other charges payable as a result of a prize being awarded or received will be the sole responsibility of the winner and Baldwins Travel accepts no liability in respect of the same. Winners should seek independent financial advice prior to entering a Competition and/or accepting a prize if they believe that tax charges of any kind are likely to be relevant to them.

4.12 We make no representation or warranty in relation to prizes provided and to the fullest extent permitted by law we shall have no liability to you in relation to any prize, its fitness for purpose, merchantability or otherwise.

4.13 No additional, ancillary or associated costs or expenses are included in any prize unless stated. For example, the costs of transport to and from a venue or an event will not be included in a prize unless otherwise stated and successful entrants will be responsible for making their own arrangements.

4.14 Where any prize is supplied by a third-party receipt of it may be subject to that third party’s terms and conditions, which you will be deemed to have accepted by accepting receipt of the relevant prize. Baldwins Travel shall have no liability in relation to any prize provided by a third-party provider.

5. Experiential prizes

5.1 Where any prize involves the prize winner attending any kind of event or venue (such as a concert, conference or holiday – an “Experience”) the terms of this clause 5 shall apply.

5.2 These terms shall apply to the individual winner of the prize, as well as any other individuals (each a “Guest”) that they may invite to attend that Experience with them as part of the prize. Guests may be obliged by Baldwins Travel to sign documents which evidence their specific acceptance of these terms.

5.3 Unless otherwise stated in the Specific Terms, experiential prizes:

5.3.1 do not include insurance of any kind and it will be the responsibility of each prize winner and each Guest to obtain any relevant insurance which they require or consider it prudent to obtain.

5.3.2 consist of travel and entry only and do not include the payment of any other taxes or levies that may be due or applicable.

5.3.3 must be taken either on the date indicated in the Specific Terms (where the Experience involves attendance at a specific event) or within six (6) months of the closing date of the relevant Competition (where the Experience involves an event which is not due to take place on a specific date) or the prize will lapse; and

5.3.4 are subject to the terms and conditions of any relevant third-party provider.

5.4 Where any experiential prize involves travel outside of the United Kingdom then it will be the responsibility of the prize winner (and, if applicable, each Guest) to ensure that they have the ability to lawfully travel to the relevant experience and to return home and, in particular, to:

5.4.1 ensure that they have a valid passport endorsed with all relevant visas and with an expiry date no less than six (6) months following the proposed dates of travel, or such other duration as may be required by any relevant regulation. Passport control and in-country authorities may reserve the right to refuse entry to prize winners and/or their travelling companions, for which Baldwins Travel shall have no liability.

5.4.2 check any travel advisories issued by the UK Government and to determine whether they wish to personally accept any relevant risks of which they are advised.

5.4.3 obtain any necessary or advisable inoculations.

5.4.4 comply with the terms and limitations of airlines, other transport providers, and the venues involved in the provision of any prize. In particular, entrants must comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.

5.5 We will not be responsible for any loss or damage suffered by any prize winner and/or any Guest that arises out of their failure to arrive at any Experience on time, or to return home from any holiday destination, nor will we have any obligation to substitute an alternative prize, cash equivalent or other compensation where a prize winner and/or their Guest(s) are unable to travel to any Experience or fails to redeem their right to attend within the specified timeframe.

5.6 Where any Experience involves attendance at a specified event, Baldwins Travel shall not be liable or responsible if any part of the relevant event is cancelled, varied or rescheduled for any reason. In such circumstances Baldwins Travel shall be under no obligation to provide any cash or alternative prize.

5.7 Where any Experience involves an activity which Baldwins Travel considers to be high risk it may, at its discretion, withhold the granting of the relevant Prize until all winners and their Guests have successfully passed a medical examination by a medical practitioner approved by Baldwins Travel and/or executed a legal document to relieve Baldwins Travel from any liability in respect of the relevant Experience.

6. Publicity of your personal data

6.1 The personal information supplied by entrants when entering our Competitions will be used by Baldwins Travel in accordance with its privacy policy

6.2 If you choose or are required to submit a third party’s personal information to Baldwins Travel as part of entering or participating in a Competition, you must ensure that the person whose details you submit has given their specific and informed consent for you to provide us with their details and for Baldwins Travel to process those details in accordance with these terms.

6.3 You acknowledge that if you win a Competition that Baldwins Travel shall have the right to publish any and all personal data provided by you to it in order to promote the Competition and/or its products and services more generally.

6.4 Entrants, particularly prize winners, may be required to participate in photo, recording, video and/or filming session(s) as a condition of their receipt of any prize. You agree that Baldwins Travel shall have the right to use all the resulting publicity materials in any media and in any manner we see fit. This includes providing these materials to our third-party prize providers for the purposes of promoting their association with the Competition and awarding the relevant prizes.

6.5 No fees shall be payable to any entrant in relation to the use of publicity materials.

6.6 The winner agrees to his/her personal data being shared with Baldwins Travel and its affiliates (including, for the avoidance of doubt, sponsors and co-promoters of the relevant Competition) for the purposes of administration and fulfilling the Competition, as well as any other uses set out in this agreement.

7. Photographs and videos

7.1 If a Competition requires entrants to submit a photograph and/or video clip to enter or participate in a Competition:

7.1.1 entrants warrant that they are the person in the photograph or video and/or they have prior consent from all persons in the photograph or video to submit it as part of their entry.

7.1.2 entrants agree that we have the right to publish and communicate to the public the photographs in any media without restriction or limitation throughout the world and not only for the purposes of the Competition.

7.1.3 entrants acknowledge that we may edit the photographs or video in our sole discretion.

7.1.4 entrants agree that we have the right to use names, likenesses and other personal information submitted in conjunction with the photograph or video.

7.1.5 entrants agree not to bring any actions, suits, claims and demands against us in respect of defamation or any infringement or violation of any personal and/or property rights of any sort from our use of their photograph or video.

7.1.6 entrants unconditionally waive their right to seek or obtain an injunction to prevent or restrict our use of the photographs: and

7.1.7 entrants aged under 18 shall have obtained the consent of a parent or a guardian (and will provide us with the contact details we need should we wish to verify this).

8. Copyright

8.1 By entering our Competitions all entrants:

8.1.1 assign to us all rights (including present and future copyright) in their entry and all associated materials.

8.1.2 waive all moral rights in such materials; and

8.1.3 undertake to us that such materials are not and do not represent a breach of any third-party intellectual property rights and will not contain anything, which is defamatory, indecent, harassing or threatening and that they will indemnify Baldwins Travel for any loss, damage or liability which arises out of any breach of this clause 8.1.3.

8.2 For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition are our sole property and we may exploit the same our absolute discretion.

9. Termination of competition

Baldwins Travel may vary the terms of, or terminate, any Competition at any time at its absolute discretion. Baldwins Travel will not award any prizes if a Competition is terminated and shall have no liability or responsibility to any individuals which may have entered the relevant Competition prior to cancellation.

10. Force majeure

If for any reason a Competition is not capable of running as planned as a result of any reason beyond Baldwins Travel’s control (including but not limited to) technical failures, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness integrity or proper conduct of the Competition, Baldwins Travel reserves the right to cancel, terminate, modify or suspend the Competition and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem.

11. Decisions final

11.1 Baldwins Travel’s decisions relating to Competitions and/or redemption of prizes are final. No discussions or correspondence with entrants or any other person will be entered into.

11.2 Tiebreakers, disputes, conflicts, questions or concerns will be managed by Baldwins Travel and, if required by law, by an independent adjudicator.

11.3 Where a Competition involves voting, the accuracy of the pooled results received and published by Baldwins Travel will be deemed to be final and binding and no further correspondence relating to the same will be entered into or entertained.

12. Failure to enforce terms and conditions

A failure by us to enforce any one of the terms and conditions in any instance(s) will not give rise to any claim or right of action by any entrant or prize winner, nor shall it be deemed to be a waiver of any of our rights in relation to the same.

13. Exclusion of liability

13.1 Insofar as is permitted by law, Baldwins Travel, its affiliates, its agents or distributors, or any co-promoters of sponsors of Competitions will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss or damage (whether arising directly or indirectly and howsoever caused). Nor shall Baldwins Travel be liable for any personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of Baldwins Travel, its agents or distributors or that of their employees. Your statutory rights are not affected.

13.2 In the event that Baldwins Travel is held to be liable to any individual in respect of any Competition, its total aggregate liability for all claims made shall be equal to the financial value of the relevant prize that was to be awarded in respect of that Competition.

14. Severance

In the event that any provision of these General Terms (or of the Specific Terms) is held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.

15. Laws

These General Terms (and any Specific Terms) shall be construed in accordance with and governed by the laws of England and Wales and all disputes relating to them and/or their subject matter shall be subject to the exclusive jurisdiction of the courts of England and Wales.