Terms and Conditions
Conditions of Participation
1. General terms / entry
1.1 The KODAK MOMENTS promotion is operated by Kodak Alaris UK Ltd, Boundary Way, Hemel Hempstead, Herts, HP2 7YU (“Kodak Alaris”).
1.2 It will run from 29.10.2014 to 31.12.2014. Entry is unlimited within that period, and does not depend on purchasing a product from Kodak Alaris.
1.3 Any adult individual resident in the United Kingdom & Ireland is entitled to enter. Excluded from entry are employees of Kodak Alaris and its associated companies, as well as their families and members of their households.
1.4 To participate in this competition entries can be made via Facebook, Twitter, Instagram, or via the KODAK MOMENTS microsite www.kodak-moments.co.uk.
1.5 To enter you have to submit a photograph of a unique, outstanding moment in your life which you want to remember, which touched you, and which you would like to share with others. With it you provide an explanation of what makes that experience a KODAK MOMENT (the picture and the explanation will from now on be referred to as the ‘KODAK MOMENT’).
1.6 Entry in KODAK MOMENTS presupposes that you have accepted the conditions of participation shown to you when registering (a tick placed in the checkbox).
2. Entry mechanism
Participation consists of:
2.1 Entering via the website
1.) Go to www.kodak-moments.co.uk and click on ‘Enter Now’.
2.) Click on the button ‘Upload image’ if you want to submit your KODAK MOMENT.
4.) Select a photograph on your computer, smartphone or other device. Adjust the brackets and select one of the filters for your photo. In the area next to it, enter your name and your e-mail address, and state briefly what your photo depicts and why it is a KODAK MOMENT. Please read the Conditions of Participation, and agree to them by placing a tick in the appropriate checkbox. You then click the ‘Join in’ button. On the subsequent page you can invite friends via Facebook to share their special KODAK MOMENT as well.
2.2 Entering via Facebook
2.2.1.) To enter the KODAK MOMENTS promotion via Facebook, go to www.kodak-moments.co.uk and click on ‘TAKE PART’.
2.2.2.) To submit your KODAK MOMENT, click on the ‘Enter via Facebook’ button, then register using your Facebook access details.
2.2.3.) Select one of your Facebook photos and the filter you require, and adjust the brackets. In the area next to it, enter your name and your e-mail address, and state briefly what your photo depicts and why it is a KODAK MOMENT. Please read the Conditions of Participation, and agree to them by placing a tick in the appropriate checkbox. You then click the ‘Join in’ button. On the subsequent page you can invite friends via Facebook to share their special KODAK MOMENT as well.
2.3 Entering via Twitter
2.3.1) Go to twitter.com/kodakmoments_uk
2.3.2) Follow @KodakMoments_UK if not already
2.3.3) Post a Tweet using #KodakMoment and upload a picture
Example tweet: Look at this amazing photo I found of my friend #KodakMoment
2.4 Entering via Instagram
2.4.1) Go to instagram.com/kodakmoments_uk
2.4.2) Follow @KodakMoments_UK if not already
2.4.3) Post an Instagram post using #KodakMoment and upload a picture
Example Instagram post: And I thought dogs couldn’t fly #KodakMoment
2.5 All entries will be processed and moderated within the back end of the KODAK MOMENTS website by the Kodak Alaris moderation team. Once moderated, the successful images are then displayed on the www.kodak-moments.co.uk gallery showing the name/username of entry. Images entered via Facebook only will be visible in the gallery, but users will not be able to click through to the Facebook destination page from where the image was submitted. This is due to Facebook privacy rules, which must be adhered to, to protect user security.
2.6 Entries consisting of irrelevant or inappropriate content will not be valid. All competition entries will be moderated for appropriate material by a Kodak Alaris review board and Kodak Alaris reserves the right to reject any entry they feel is inappropriate or is considered spam.
2.7 Proof of sending is not proof of receipt and promoter does not accept any responsibility for the non-receipt or the late receipt of message due to network failure or for any associated costs to entrants. No entries submitted via any other means will be accepted. The promoter cannot guarantee uninterrupted or secure access to the web entry route.
3. Code of conduct
3.1 You are responsible in every respect for the images which you make available and disseminate. It is not permitted to submit photos which:
- are insulting, profane, defamatory, disparaging, repellant, harassing, threatening or obscene;
- violate copyright or the intellectual property of others;
- depict illegal activities;
- are in any other way sexist or insulting.
3.2 By submitting your entry you are agreeing and confirming that:
- You shall be solely responsible for your submission and the consequences of posting or publishing it.
- The entire copyright in the submission and all content included in it of any nature, including images, script etc is original and belongs to you.
- Your photograph does not disclose any personal or confidential information belonging to you or anyone else.
- Your submission is not false, a misrepresentation, obscene, offensive, discriminatory or libellous.
- You agree that any credits are at our sole discretion.
3.3 The Promoter reserves the right to remove and disqualify from the promotion any photo that entrants upload for any reason including any uploads that violates these terms and conditions.
3.4 The Promoter shall not be under any obligation to publish any of your material and reserve the right to withhold or take down any material at our sole discretion. All material submitted may be subject to moderation. The Promoter has the absolute discretion to upload or not upload any material and to remove any material already uploaded without giving reasons for the decision.
3.5 The promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram or Twitter. Neither Facebook nor Twitter nor Instagram is responsible to entrants in respect of any aspect of this promotion.
3.6 The Promoter reserves the right to flag to Twitter and Facebook teams any posts or photos from the promotion that could be regarded as graphic, obscene, defamatory, explicit, racist or offensive in any way.
4. Prizes, determining and notifying winners
4.1 The following prizes will be awarded:
Main prize (at the end of the promotion):
a travel voucher valued at £2,000
an iPad Air (Wi-Fi + cellular, 16 GB)
4.2 The monthly prize winner will be chosen on the first of each month, or the following weekday, to the KODAK MOMENT which received the most Likes during the preceding month. The prize will be a 16GB iPad Air with Wi-Fi + Cellular.
4.3 No person may win more than one (1) monthly reward throughout the competition.
4.4 Between 2 and 7 January 2015, a jury comprising employees of Kodak Alaris will select the winner of the main prize from all of the KODAK MOMENTS submitted during the promotion period, on the basis of creativity, originality, and compliance with the criteria of the competition. The jury’s decision is final. Only those entrants who have accepted the Conditions of Participation, shall be considered.
4.5 The Promoter reserves the right to verify any entrant before making an award, including but not limited to identity and age.
4.6 Once the winners have been chosen, Kodak Alaris will notify them by e-mail or Direct Message if they have participated via Twitter or Instagram. From the point at which they are notified, winners have 14 days to accept their prize by responding to the notification. The organiser reserves the right to choose another winner if no answer has been received after 14 days.
4.7 There shall be no cash payment of the value of the prize, nor any changes to the prizes or swapping of prizes. The winners alone are responsible for any taxes or other costs incurred by accepting prizes. All decisions are final.
4.8 By participating in the competition, participants consent to Kodak Alaris using content from their entry (such as message text, profile image, and name) on Facebook or Twitter.
4.9 The travel voucher for £2000 is valid for 24 months from the date of purchase. This period is specified by the travel company Thomson or First Choice. The prize must therefore be redeemed by the winner before this time limit lapses. Redeeming the travel voucher is also subject to the following terms and conditions belonging to the travel operator:
- The card can be used as full or part payment for travel products at all Thomson and First Choice travel shops and superstores and online at thomson.co.uk or firstchoice.co.uk.
- The card can’t be used as payment, or exchanged for, travel money-related products, including currency, travellers’ cheques and prepaid cards.
- The card can’t be exchanged for cash or to buy another gift card.
- The card will expire after 24 months of non-use and any remaining balance will be deducted.
- The maximum account balance allowed at any one time is £5,000.
- The card must be treated as cash, and the balance can’t be refunded if it’s lost, stolen or destroyed.
- You can find out your balance by phone, in-store or on the web.
- Cards can’t be redeemed over the phone.
- The card is not applicable online for Thomson Ski, Thomson Lakes, Thomson Worldwide or First Choice Ski.
- More Information: http://www.thomson.co.uk/editorial/features/gift-cards/thomson-gift-cards.html
4.10 The decision of the promoter in all matters is final and binding and no correspondence will be entered into.
4.11 These rules and any dispute or difference arising out of or in connection with them shall be governed by and construed in accordance with English law. The Promoter and each entrant irrevocably agrees to submit to the exclusive jurisdiction of the Courts of England and Wales over any claim or matter arising under or in connection with these rules or the legal relationships established by this agreement.
4.12 The reward winners may be required to participate in reasonable publicity connected with the promotion.
4.13 The Promoter reserves the right to substitute the Reward or any part of it for a reward of equal or greater value, if this is necessary for reasons beyond its control.
5. Copyright and rights of usage
5.1 By confirming the Conditions of Participation, you signify your agreement with the publication of your photo on www.kodak-moments.co.uk, Kodak Alaris media channels including, KODAK MOMENTS UK Twitter and Instagram accounts and the KODAK MOMENTS UK Facebook page.
5.2 Entrants guarantee that (a) they possess all the necessary rights to upload their photo to www.kodak-moments.co.uk, Facebook, Twitter and Instagram and to grant the organiser those rights of usage described in Section 5.1; and (b) the utilisation of the photograph envisaged in these Conditions of Participation does not violate any copyright, any trademarks, or any other protective rights belonging to anybody else or any other legal entity. Entrants shall indemnify the organiser against any claims which third parties may make on account of the use of the photograph.
5.3 Entrants shall grant to Kodak Alaris a non-exclusive, transferable, sub-licensable, commission-free, worldwide, time-unlimited right to use the submitted photo in conjunction with the KODAK MOMENTS campaign in any form whatsoever. In particular, Kodak Alaris may publish and utilise, without restriction, the photograph in the following channels:
- on the Internet, in particular at www.kodak-moments.co.uk
- on social media channels belonging to Kodak Alaris UK Ltd
5.4 By entering the promotion, entrants agree that the photo they submit as an entry together with their name, county, image and likeness may be used by the Promoter for advertising and publicity purposes. For example by re-posting the photo on the @KodakMoments_UK twitter account, The @KodakMoments_UK Instagram account and the KODAK MOMENTs UK Facebook Page and displaying the photo in an online gallery on these web pages.
5.5 This granting of rights shall include in particular the right for Kodak Alaris UK Ltd to reproduce photographs in conjunction with the KODAK MOMENTS campaign, including once the campaign is over; to make public, disseminate and edit photographs through the aforementioned channels for the purpose of internal and external marketing and public relations work, as well as advertising; and to permit other users to download, store and print out the photographs.
6. Data privacy
6.1 Personal details belonging to entrants, such as their first names and surnames and e-mail addresses, as submitted to Kodak Alaris UK Ltd by entrants as part of entering the KODAK MOMENTS campaign, will only be stored, edited and used for the duration of the campaign and for the purpose of running the competition. It may be that Kodak Alaris appoints external service providers to run and process the competition. Contractual agreements with such service providers shall ensure that your details will not be used for any other purposes, and that your personal details will be protected by every means required to ensure data privacy. Furthermore, your details will not be handed on or sold to third parties without your express permission. The details will be deleted as soon as they are no longer needed for the running and handling of the KODAK MOMENTS campaign – in other words, no later than once the winners of the competition have been determined and announced. This, however, does not apply to the information regulated under Section 6.2.
6.2 Entrants hereby declare their explicit consent for Kodak Alaris to use the following information:
- First name or user name
- Facebook profile name and profile picture
- KODAK MOMENTS submitted by the entrant
- If chosen as a winner, the place the entrant achieved
– and to use it after the KODAK MOMENTS campaign in order to publish it.
6.3 If required, Kodak Alaris UK Ltd shall provide any entrant, free of charge, with information about any of his or her personal details stored. Entrants can object at any time, with immediate effect, to the use of their details, by sending an e-mail to firstname.lastname@example.org or Kodak Alaris UK Ltd, Boundary Way, Hemel Hempstead, Herts, HP2 7YU, thus withdrawing from entry.
Kodak Alaris UK Ltd shall not be liable for any damages that may arise through errors, delays or interruptions in transmission, faults in technical systems and services, incorrect content, loss or deletion of data, viruses, or any other circumstances connected to entering the competition; unless, that is, such damage is caused intentionally or by gross negligence on the part of Kodak Alaris UK Ltd (including its divisions, employees or auxiliary agents), or if the damages arise from a culpable violation of fundamental contractual duties, those being duties which would need to be fulfilled in order to fulfil the contract in any way at all, and upon the fulfilment of which a party to the contract may under normal circumstances rely. This limitation of liability shall not apply to damages caused by injury to life, limb or health.
8. Premature termination, exclusion
8.1 The organiser reserves the right to terminate the campaign at any time should faults, errors, falsifications, viruses or similar damage occur which impairs the administration, security, fairness, integrity or smooth operation of the competition. Entrants shall not be entitled to any compensation in such cases.
8.2 If an entrant violates these Conditions of Participation, Kodak Alaris UK Ltd is entitled to exclude that person from entry. This applies especially if the entrant resorts to manipulation or other dishonest means. In such cases, prizes can be revoked – including retroactively – and demanded back.
9.1 This promotion including these terms and conditions are governed by the laws of England and Wales and by entering the promotion entrants submit to the exclusive jurisdiction of the English courts in relation to any dispute arising under or in connection with the promotion and/or these terms and conditions.
9.2 Should any of these Conditions of Participation be or become invalid, then this shall not affect the validity of the remaining terms.
9.3 The organiser reserves the right to change the Conditions of Participation.
Promoter: Kodak Alaris UK Ltd, Boundary Way, Hemel Hempstead, Herts, HP2 7YU