This web site (the Horror Asylum) is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices.
In relation to these terms and conditions the term giveaway(s) may be referred to as (‘competition’).
1. These terms and conditions apply to all competitions featured at the Horror Asylum, or on the Horror Asylum's interactive or mobile services, included online at www.horror-asylum.com, and any other competitions organised by the Horror Asylum (or a third party on the Horror Asylum's behalf).
2. By entering a competition entrants accept these terms and conditions together with any specific instructions and terms for such competition which may be mentioned on the competition page, in any electronic messages, or on the website, or communicated to entrants in any other way. Such competition information shall prevail in the event of there being any inconsistency between these competition terms and conditions and any competition information.
3. The Horror Asylum 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 or these terms and conditions.
4. Online competition's are open globally unless specified. Geographical restrictions to certain competitions may apply and will be specified on the competition page, in any electronic messages, or on the website, or communicated to entrants in any other way. All SMS entry (Text2Win) competitions are available only to residents of the United Kingdom, which comprises England, Northern Ireland, Scotland, and Wales. For the avoidance of doubt, Jersey, Guernsey, and the Isle of Man are part of the United Kingdom for these purposes.
The Horror Asylum reserves the right to ask competition winners for proof of UK residency if these cases and if a competition winner is unable to prove their residency to the Horror Asylum'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), the Horror Asylum reserves the right to select an alternative winner.
There is no minimum age limit unless specified otherwise in the competition information. There is no maximum age limit. Where a prize involves travel of any description, any winner under the age of 18 must be accompanied by an adult. Employees and members of their immediate families (including any live-in partner or household member) of any of the following may not enter:
a. Employees, associates or contributors of The Horror Asylum;
b. Any company involved in the organisation, management, promotion, or administration of the competition or its entry routes or donation of prizes or their agents or subsidiaries;
c. Any company involved in any capacity in the production or sponsorship of a programme to which the competition relates.
5. Where the competition information specifies a minimum or maximum age limit the Horror Asylum reserves the right to ask for proof of age and in all competitions evidence to verify the identity of an entrant at any time, and may use any channels and methods available to carry out checks of any details provided. Entrants may only enter the competition in their own name.
6. 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 and will not be entered into the competition. SMS entry to any of our TXT2Win competitions are included in these specified opening and closing dates. However, postal entries (available as an alternative method of entry into such competitions) close 3 days later.
7. By entering the competition entrants warrant that all information submitted by them is true, current, and complete. Entrants also warrant that they are the copyright owners of any copyright works submitted, for example photographs and drawings, and the Horror Asylum's use of such works will not infringe the rights of any third party.
8. 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.
9. 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.
a. Web entry
Where specified in the competition information as an available method of entry to the competition, web entrants are required to follow the instructions on the website as indicated in the competition information. Entrants will receive an on screen 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.
b. Text (SMS) entry - Available to UK residents only on select competitions
Where specified in the competition information as an available method of entry to the competition, SMS entrants are required to send a text to the shortcode or number as indicated in the competition information. Texts received by the Horror Asylum will be charged at the standard operator rate, which will vary depending on the entrant's mobile network provider. When a text message is received from the Horror Asylum, sent to the same mobile phone from which the answer was sent, acknowledging receipt of the entry, this will result in the entrant being charged the charge stated in the competition information. Please check with the relevant mobile network provider what standard network charge will apply. In the event that the entrant has insufficient funds, credits or capacity on their handset (as applicable) for the Text Acknowledgement to be successfully sent by the Horror Asylum and received by the entrant within 72 hours of the original entry being received by the Horror Asylum, the relevant entry will be deemed ineligible and will not be accepted.
Entries sent by text message which are received after the stated competition closing time will be invalid and will not be entered into the competition. The entrant will not be entitled to obtain any refund. The Horror Asylum accepts no liability for any SMS entry charges incurred regardless of whether the entry is received before the competition closing time. SMS entrants will receive a SMS confirmation text message of their entry, which may include information, its sponsor or other services relating to the competition.
SMS entrants may submit no more than 3 entries per premium rate entry route per originating mobile number. Entries over the maximum number of entries from the same originating mobile number will not be entered into the competition. The entrant will not be entitled to obtain any refund. There is no limit on the number of entries that can be made via non-premium rate entry routes.
c. Postal entry - Available to UK residents only on select competitions
Where specified in the competition information as an available method of entry to the competition, postal entrants may enter the competition by sending a postcard with their answer (if applicable), full name, postal and/or e-mail address and a contact telephone number (or such contact details as are requested in the competition information) to the postal address indicated in the competition information. Where indicated in the competition information, the postal address may include a competition number. If so, postal entrants must include the show and/ or competition number with the postal address on their entry and the Horror Asylum reserves the right to disqualify entries from the competition if the postal address does not include the competition number. Each postal entry must bear its own stamp but the Horror Asylum makes no additional charge for postal entries. Any postal entry received which does not bear the correct paid postage will be invalid and will not be entered into the competition. Entries sent by post must be delivered by the specified closing date (and time if applicable) for entries. Postal entries are deemed to be received upon arrival at the postal address indicated in the competition information. Personal and hand deliveries will not be accepted. The Horror Asylum does not accept responsibility for any incorrectly addressed or undelivered entries or for any disruption, delay or misdirection of postal entries.
d. Entry via Social Network Sites such as Facebook
Where specified as an available method of entry to the competition, 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.
10. Neither the Horror Asylum 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 as a result of server functions (including but not limited to security functions by software used by the Horror Asylum or any third party), virus, bugs, or other causes outside its control.
11. Entries submitted through agents or third parties or in bulk (i.e. more entries than a human being could submit in the time available without the use of software or other devices designed to make automated entries or, in the case of postal entries, more than one entry submitted under the same postage stamp) will not be accepted.
12. Any entries which are incomplete, incorrect, inaudible, incomprehensible, or not received by the Horror Asylum will be void. An entry to the competition will be deemed to be an invalid entry where an entrant has evaded payment of the applicable entry charges when entering the competition or, in the case of postal entry, has failed to pay and affix the correct postal charges.
13. In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of the entry or any answers given by entrants (if applicable), or the operation of any part of the competition (in the case of postal entries, a postal strike for example), the decision of the Horror Asylum shall be final and no correspondence will be entered into.
14. The Horror Asylum will not be liable to reimburse expenses incurred in making an entry in any competition. Where the Horror Asylum decides in its sole discretion that an entrant is eligible for a refund, eligibility for refunds will be notified to relevant entrants. The Horror Asylum reserves the right to refuse to refund any messages where it suspects dishonest or fraudulent conduct on the sender's part or where the entrant has not complied with the rules of the competition (for example, in exceeding the maximum number of entries).
15. The prize is as specified in the competition information. Selected winners are solely responsible to pay all applicable taxes and customs when prizes are received into their own country.
Where the prize necessitates travel on a specific date, the winner (and their companion(s) if applicable) must be able to travel on the date specified by the Horror Asylum and no alternative dates will be available. The winner is solely responsible for travel in these cases and all insurance, applicable taxes and for any costs, expenses and charges not specified as being included in the prize description in the competition information. Where the prize is for DVD(s) or Blu-Ray(s) the Region of the disc will be specified. It is the sole responsibility of the winner to be aware of this information and to be located in the relevant and compatible region or have a multi-region, or compatible player. The Horror Asylum accepts no responsiblilty in providing the winner with a compatible format, simply what the Horror Asylum provides in the competition information. The prizes are subject to the terms and conditions of the manufacturer or supplier.
16. The process for determining the winner of the prize is as indicated in the competition information. Where the winner is randomly selected from all correct and valid entries, the draw for the winner will take place within 7 days of the date on which the competition closes.
17. Prize draw prizes will be awarded in accordance with the laws of chance and, if required by law or regulation, under the supervision of an independent observer. Any competition requiring a subjective assessment in the selection of winning entries will be judged by the Horror Asylum or as indicated in the competition information and, if required by law or regulation, an independent judge or a panel including one member who is independent of the competition's promoters and intermediaries.
18. Should more prizes be claimed than are available for any reason, a simple prize draw will take place for the available prize(s).
19. The Horror Asylum will attempt to notify the winner for up to 28 days after the closing date and time for entries to the competition, or as otherwise indicated in the competition information, and where time is of the essence for such a period as the Horror Asylum shall in its absolute discretion deem reasonable. He/she will be contacted on the phone number, by SMS text, e-mail, or postal address provided when entering the competition. The winner will have a specified fixed time period in which to claim his or her prize. If the Horror Asylum is unable to notify the winner, or if the winner fails to respond within the fixed time period as specified and/or provide an address for delivery of the prize, this may result in forfeiture of the prize and the Horror Asylum reserves the right to select an alternative winner in accordance with these terms and conditions and the competition information.
21. Any entrant who enters or attempts to enter the Competition in a manner, which in the Horror Asylum's determination is contrary to these terms and conditions or by its nature is unjust to other entrants (including without limitation tampering with the operation of the Competition, hacking, cheating, deception, or any other unfair playing practices such as intending to annoy, abuse, threaten, or harass any other entrants or the Horror Asylum and/or any of its agents or representatives) may be rejected from the Competition at the Horror Asylum's sole discretion.
22. The Horror Asylum reserves the right to modify, cancel, terminate or suspend the Competition in whole or in part, at its sole discretion, if it believes the Competition is not capable of being conducted as specified in these terms and conditions or in the event of a virus, computer bug or unauthorised human intervention or any other cause that is beyond the reasonable control of the Horror Asylum that could corrupt or affect the administration, security, impartiality, or normal course of the Competition.
23. The Horror Asylum reserves the right in its sole discretion to withhold delivery of the prize until such proof of eligibility and identity has been confirmed or if such proof is not produced on request or to disqualify the entrant from the competition.
24. The Horror Asylum endeavours to deliver the prize to the winner within twenty eight (28) days from the date of the draw, unless otherwise specified to the winner. Delivery restrictions may apply and despatches outside of the UK may take longer. No cash equivalent (where applicable) or alternative prize will be given and the prize is non-transferable and non-exchangeable. However, the Horror Asylum reserves the right to change the prize due to circumstances beyond its control or to offer an alternative of similar value.
25. In relation to all competitions, the first name and surname of the winner may be published by the Horror Asylum. By entering the competition entrants grant to the Horror Asylum a non-exclusive licence to use and publish their entry in any media for the purpose of announcing the winner.
DATA PROTECTION AND PUBLICITY
26. The Horror Asylum (or any third party nominated by the Horror Asylum) may exercise its sole discretion to use the winner's (and (if applicable) their companion's) name, address, 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 or without any fee being paid. The entrants name, address and/or email address may be used within a short period of time following the closure of the entered giveaway to inform the entrant(s) of relatable giveaways or other promotions carried out solely by the Horror Asylum which may or may not be of interest to the entrant.
27. Information and data which is provided by entrants when they enter will be held and used by the Horror Asylum and their suppliers and contractors in order to administer the competition. Entrants' personal data may also be passed to their mobile phone network or to relevant regulatory bodies including PhonePayPlus, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity or where requested by the phone provider in connection with the billing arrangements for the competition. Aggregate, non personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services. All data will be held securely for up to 30 days from the close of a giveaway. This data will be processed in accordance to the giveaway terms and will not be stored or archived beyond this period or kept longer than necessary in accordance with the Data Protection Act 1998.
29. Nothing in these terms and conditions shall exclude or limit the Horror Asylum's liability for death or personal injury caused by their staff or supplier's negligence or for fraud. Subject to this, the Horror Asylum cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize. The Horror Asylum is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile telephone related to or resulting from participation or downloading any materials in the competition.
30. The Horror Asylum cannot 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 system failure, maintenance or repair or for reasons reasonably beyond the control of the Horror Asylum. The Horror Asylum will not be liable in the event that all or any part of the service relating to the competition is discontinued, modified or changed in any way.
31. In the event that any entrant does not, or is unable to, comply with and meet these terms and conditions and the competition information, the Horror Asylum shall be entitled at its sole discretion to disqualify such entrant, without any further liability to such entrant. In these circumstances, any prize(s) won by the entrant may be forfeited and the Horror Asylum reserves the right to reclaim any prize(s) already distributed to the entrant. Any entrant must comply with any directions given to him or her by the Horror Asylum including but not limited to any and all relevant laws, rules and regulations, and where applicable, compliance with the PhonePayPlus Code of Practice.
32. 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.
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