My Cute Baby UK’s terms & conditions
1. Terms & Conditions
1. These terms and conditions (which we will refer to as our “General Terms”) are the overarching general terms and conditions that apply to all the baby ballots controlled by Shabean Ltd t/a My Cute Baby UK, collectively referred to hereafter as ‘the Promoter’.
2. We may change these General Terms at any time. You should check our website regularly for any changes which will apply from the date that they are uploaded.
3. By entering this baby ballot you agree that you will be legally bound by these General Terms.
2. Eligibility Rules for our baby ballot
1. Entry to our monthly baby ballot is only open to residents in the United Kingdom.
2. Parents and/or Guardians should be 18 years or over, who has at least one (1) child that is under the age of 3 years 11 months when entering My Cute Baby UK.
3. The Promoter reserves the right to require that the parent and/or guardian of any child confirms in writing that they agree to be bound by these terms and conditions and will accept any prize on behalf of their child.
4. It will be the sole decision of the Promoter as to whether any eligibility requirement has or has not been met and we may require evidence or confirmation from entrants before awarding prizes.
5. Employees (and their immediate families) of the Promoter may not enter any monthly baby ballot.
3. Entry and voting methods
1. Premium rates: Baby ballot entry vote is by premium rate mobile SMS. Your network provider may also charge varying amounts for these types of SMS’s, the cost of your SMS may be more than as stated by us. In all cases you should check with your network provider. You should note that invalid or unsuccessful entries made via these methods may still be charged. In all cases, you should have the bill payer’s permission to enter using a premium rate method. Where entry is by premium rate mobile SMS, entry votes that are submitted before or after the baby ballot dates will not be counted in the baby ballot but we cannot guarantee that entrants will not be charged for SMS sent.
1 VOTE short code. Each text message costs £0.50 + standard network rate message. Please seek the phone bill payer’s permission before texting.
25 VOTES short code. Each text message costs £10.00 + standard network rate message. Please seek the phone bill payer’s permission before texting.
2. SMS: Where a baby ballot asks you to enter using SMS, you will need an SMS compatible mobile phone with an account with a service provider that permits SMS messages to our premium rate number. SMS entries are deemed to be received on arrival, not when they are sent from your handset. SMS entries must be addressed to the correct number or short-code and must include the correct keywords as required by the specific baby ballot. Entries which fail to do so will be void.
3. Deficient entries: In all baby ballots, 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 to the goodwill and reputation of our website and the baby ballot in question. 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 or any other reason. Proof of posting of any postal entry will not be proof of our receipt of that entry.
4. Automated Entry: The use of any automated entry software or any other mechanical or electronic means that permits any person to enter any baby ballot repeatedly is prohibited.
5. Names: Entrants must enter the baby ballot using their legal name once only. We reserve the right to disqualify any entrant who uses multiple names and to require them to return any prize they may have won.
6. Multiple Entries. Unless otherwise permitted pursuant to any Specific Terms, no person may enter any baby ballot more than once and persons may not enter or participate as part of a syndicate or on behalf of any other person, syndicate, group, society or company.
7. Prize Limits. No person or persons at the same residential address may win more than one prize valued at £250 or more via any of our baby ballot in any six (6) month period.
8. Retrospective Effect. Where an entrant or prizewinner has been found to be in breach of any of the terms and conditions of a baby ballot and in particular where a person is in breach of the entry restrictions we may nevertheless still enforce our right to disqualify that person and require the return or reimbursement to us of any prize even where a prize has been awarded and/or actually provided to the entrant or prizewinner in question.
The Promoter reserves, in all cases, the right to replace the stated prizes with prizes that we consider to be of broadly equivalent value. We offer no cash alternative for non-cash prizes and prize-winners must accept prizes in the form offered.
All prizewinners will be notified that they have won a prize within five (5) days of the closing date of the baby ballot via telephone, email or in writing.
Prizes will be dispatched to the winners via an independent courier 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 control.
1. Prizes will only be delivered to an address within the United Kingdom. Should a prizewinner’s contact details change, it is their responsibility to notify us.
2. We reserve the right to request proof of a prizewinner’s identity in the form of a passport or driver’s license and proof of address in the form of a utility bill. In the event that a prizewinner cannot provide us with proof of identity reasonably acceptable to us, we may withdraw the prize and select another prizewinner.
3. All prizes are subject to availability, non transferable and non exchangeable. No cash will be awarded in lieu of that prize or part of it.
4. Any tax payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.
5. 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 purposes, merchantability or otherwise. We reserve the right to disqualify entrants from entering our baby ballot or prizewinners from receiving their prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
6. All stated prize values are at the supplier’s recommended retail price in Pounds and are correct at the time of printing. We take no responsibility for any fluctuations in prize values. We award cash prizes in the form of vouchers in the name of the prizewinner. Any other arrangement will be at our discretion.
7. No additional, further or other costs or expenses are included in any prize unless stated. For example, the costs of couriering the vouchers to the prize recipient will be for the account of My Cute Baby UK.
5. Unclaimed prizes
1. All prizes must be claimed within twenty-one (21) days of our notification of winning unless otherwise stated.
2. We reserve the right to award prizes unclaimed after this period to alternative prize winners or not to award them at all.
3. If you call to claim a prize from a “withheld number” line you must provide us with your contact details: otherwise we may be unable to contact you and you may as a result forfeit your prize.
6. Publicity and personal information
2. All entrants may have their details removed from our database by contacting the Promoter. If details are removed prior to the conclusion of the baby ballot and/or award of prize(s), entrants will however forfeit their right to claim any prizes.
1. It is a condition of your entry to our baby ballot that we have the right to publicise, broadcast and communicate to the public the names, home towns and characters of entrants to our baby ballot for the running of the baby ballot and matters incidental to the baby ballot.
2. In particular, entrants consent to their entries to our baby ballot being communicated to the public on our website/s.
3. All entrants and particularly prizewinners, may be required by us to participate in photo, recording, video and/or film session(s). In this regard you agree that we shall have the right to use all the resulting publicity materials in any medium (including, without limitation, the internet) and in any manner we see fit, unless you advise us at the time of entering the baby ballot that you wish to retain your anonymity. If you elect for anonymity, we may not be able to include you in our baby ballot.
4. Entrants also acknowledge that publicity materials featuring them may be provided to our third party prize providers for the purposes of promoting their association with the baby ballot and awarding the relevant prizes.
5. No fees shall be payable to any entrant in relation to their entry in any baby ballot. Subsequent fees are applicable when voting for your child at £0.50 per SMS.
7. Photographs and videos
1 Should any baby ballot require entrants to submit a photograph and/or video clip, as a part of entry into or participation and used in the baby ballot (collectively, “Photograph”):
a. entrants warrant that they are the parent or guardian of the child in the Photograph or have prior approval from the parent or guardian of the child in the Photograph that it may be submitted as part of their entry;
b. entrants agree that we have the right to publish and communicate to the public the Photographs in any media including, but not limited to, online, at all times without restriction or limitation throughout the world and not only for the purposes of the baby ballot;
c. entrants acknowledge that we may edit the Photographs in our sole discretion;
d. entrants agree that we have the right to use entrants’ names, likenesses and other personal information in conjunction with the Photographs;
e. entrants agree not to bring against us any actions, suits, claims and demands in respect of defamation or any infringement or violation of any personal and/or property rights of any sort from our use of their childs’ Photographs;
f. entrants unconditionally waive their right to seek or obtain an injunction to prevent or restrict our use of the Photographs.
1. Where any prize is awarded via a prize draw, prizewinners will be chosen at random from all qualifying entries within twenty eight (28) days of the baby ballot closing date.
2. If we become aware that the same person has been selected as a prizewinner more than once, we will draw another name.
1. By entering our baby ballot all entrants:
a. Assign to us all rights (including present and future copyright) in their entry and their publicity materials in all media (including, without limitation, the internet) and whether in existence now or created in the future;
b. Agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against the Promoter, its assigns, licensees and successors in title;
c. Undertake to us that their entry is not in 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 us for any loss, damage or liability arising should this turn out not to be true. If relevant, we reserve the right, but not the obligation (and without limiting entrants’ warranty and indemnity as set out above), to screen, filter and/or monitor information provided by the entrant and to edit, refuse to distribute or remove the same;
d. Confirm that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions necessary to grant us the same.
2. For the avoidance of doubt, all rights in the name and title of the baby ballot and the format rights for the baby ballot are our sole property and we may exploit the same our absolute discretion.
10. Tampering and other matters
If for any reason any baby ballot is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, 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 a baby ballot, we reserve the right to cancel, terminate, modify or suspend the baby ballot and/or any draw/s or judging related to the baby ballot and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem.
11. Termination of baby ballot
The Promoter may vary the terms of, or terminate, a baby ballot at any time at its absolute discretion without liability to any contestant or other person. The Promoter will not award the prize if the baby ballot is terminated.
12. Decisions final
1. All our decisions relating to the baby ballot and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other person will be entered into.
2. Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.
3. Where a baby ballot involves voting, the accuracy of the pooled results received and published by us will be deemed to be final and binding and no correspondence will be entered into.
13. 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.
14. Exclusion of liability
1. Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded.
2. To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any entrant or prizewinner in connection with or arising out of any baby ballot howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence. For the avoidance of doubt, this paragraph 14.2 shall also apply in respect of any prize provided by a third party provider.
3. In the event that any provision of these General (or any Specific) Terms are 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.
These General Terms (and any Specific Terms) shall be construed in accordance with and governed by the laws of the United Kingdom.
Last Updated 19/08/2015