General terms and conditions for competitions, votes and polls
A few quick rules and a guide to how our competitions, votes and polls work
Introduction
The following terms and conditions apply to all competitions, votes and polls related to the Avalon Media brand.
These general terms and conditions should be read alongside, and are in addition to any specific terms which may be mentioned at point of interaction, in any promotion of or messages about that competition, vote or poll on any platform.
If you do not agree with any of the general or specific terms and conditions then you should not take part in the competition, vote or poll as applicable.
Terms and conditions may be amended at any time without prior notice. Any changes will be posted on the www.curvemag.com website. It is your responsibility to ensure you review the terms and conditions regularly to familiarize yourself with any changes.
General competition terms and conditions
The following general terms and conditions apply to all competitions.
Eligibility
Entrants must meet the eligibility requirements as specified. Failure to meet the eligibility requirements may result in an entry being invalid and/or forfeiture of any prize.
Competitions are open to those aged 18 years or over at the time of entering the competition, unless specified otherwise. Unless otherwise specified in the interaction information, the competition winner must provide a postal address for delivery of the prize, and Avalon Media LLC is not responsible for any failure of the relevant postal or courier service to deliver the prize.
Employees (and members of their immediate families, including any live-in partner) of Avalon Media LLC, its subsidiaries and/or agencies associated with this competition, including the provider of the prize 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.
Avalon Media LLC 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. We may withhold delivery of the prize until we have received such evidence and failure to provide such evidence may result in forfeiture of the prize.
Entry
The opening and closing date and time for entries is as indicated. Any entries received before or after these times will be discounted but may still be charged, if charging services are used to enter the competition.
In order to enter the competition, entrants must answer the question or complete the task and provide the information as indicated. Entrants may be required to provide their full name, full contact telephone number (including international and area codes) or other method of contact (if applicable), email address and any other information as specified at the time of entering the competition. Avalon Media LLC will not amend such information once entry to the competition has been made.
Each entrant will be charged the cost of entry (where a cost applies) whether their entry to the competition is successful or not. Where costs apply, entrants must have the permission of the bill payer before entering the competition. The cost of entry and any entry delivery costs include taxes.
There is no warranty that the service is available, legal or appropriate for use in locations where the entrant may live or work.
Entry to the competition must be by the applicable method(s) as indicated in the interaction information.
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.
Multiple entries by one individual or entries 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 Avalon Media LLC or are not otherwise in accordance with all terms and conditions may be void and discounted.
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 Avalon Media LLC shall be final.
The prize
The prize is as specified. Unless otherwise stated only one prize per person is permissible.
The prize is subject to availability and to winner confirmation, ie Avalon Media LLC 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 and/or the manufacturer.
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.
Where the prize necessitates travel and/or attending an event on a specific date, the winner must be available on the date(s) specified and no alternative dates will be available. Where the prize involves travel or accommodation on a date and/or to a destination to be chosen by the winner, the date and/or destination chosen is subject to availability and Avalon Media LLC reserves the right to determine a final date by which the prize must be taken.
Where the prize includes a cheque, voucher or giftcard, such prize will be made payable in the name of the winning entrant only and such cheque, voucher, or giftcard cannot be made payable to any third party. No other form of payment than that indicated will be made.
Avalon Media LLC, its related entities, the prize provider, the issuer of the vouchers or giftcards and their agents reserve the right to refuse to accept vouchers and/or giftcards which are deemed to have been tampered with, defaced, duplicated, damaged or which otherwise are suspected to be affected by fraud.
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. Avalon Media LLC 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.
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.
The prize excludes all other costs and arrangements not expressly included in the prize (as stated in the interaction 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)). Avalon Media LLC will not be held liable where such charges and/or expenses are incurred, and no refund or reimbursement will be made. Avalon Media LLC will accept no responsibility where the winner is unable to pay in full, any such charges and/or expenses as incurred.
For delivery of the prize, we may ask you to be available at a specified time and place.
No cash equivalent (where applicable) or alternative prize will be given at the request of the winner and the prize is non-transferable and non-exchangeable. However, Avalon Media LLC 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, Avalon Media LLC reserves the right to ask the winner to confirm this in writing and Avalon Media LLC will be able to retain or dispose of the prize at its own discretion.
Avalon Media LLC may refuse to provide a prize, or seek its recovery, in the event of non-entitlement under the interaction terms and conditions or an entrant's breach of the interaction 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.
Avalon Media LLC or prize provider(s) endeavor to deliver the prize to the winner within twenty eight (28) days from the date of winner confirmation unless stated otherwise in the interaction information, with the exception that where the prize is time critical we endeavor to deliver the prize to the winner as soon as reasonably practicable before the necessary time to take up the prize. Avalon Media LLC, its related entities, the prize provider and their agents will not be liable where a prize has been lost or stolen following delivery and such prize will not be replaced.
Winner selection and contact
Where the winner is randomly selected, the prize draw for the winner will take place on the date indicated in the interaction information. Unless stated otherwise, the winner will be the first correct entry drawn at random from all entries, subject to eligibility and winner confirmation. Where the winner is not randomly selected, the additional terms and/or information related to the competition will detail any criteria for judging entries.
The winner will be contacted as soon as practicable on or after the draw date as indicated in the interaction 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 Avalon Media LLC in its sole discretion in the circumstances. 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 interaction terms and conditions, this may result in forfeiture of the prize and Avalon Media LLC 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.
Any entrant and/or winner must comply with any directions given to him or her by Avalon Media LLC, its related entities, the prize provider(s) and/or their agents and with all relevant laws, rules and regulations, restrictions, itinerary, and where applicable, compliance with relevant codes. Failure to comply with instructions, itineraries, rules, restrictions, requirements, laws and guidelines may result in an invalid entry and/or forfeiture of the prize.
Vote and poll terms and conditions
The following general terms and conditions apply to all votes and interactive polls promoted by Avalon Media LLC. Specific terms are as specified in the interaction information:
The opening and closing time for voting or participating in the interactive poll is as specified. Votes made or received outside of these specified times will not be counted but may still be charged, where charges apply. The times for voting and participating in the poll are liable to change and Avalon Media LLC may suspend, withdraw or re-set voting or the interactive poll in their sole discretion at any time. Avalon Media LLC may, without notice in its sole discretion at any time, change the rules for participating in the poll or vote and/or the availability of the voting or interactive poll service.
Anyone having difficulties getting through to the voting lines or interactive poll service should wait and then try again within times when the vote or poll is open only.
Voting or participating in the interactive poll must be by the applicable method, following all instructions as specified. Avalon Media LLC does not guarantee that your vote will be counted or interaction will be taken into account if you do not comply with this.
Any cost for voting or taking part in the poll via the applicable method is as indicated. Where costs apply, permission of the bill payer must be sought before voting or taking part in the poll or vote. There will be no refund for the cost.
Votes or interactive polls are restricted to one entry or vote per person, unless stated otherwise. Additional votes may not be counted but may still be charged.
Voting and participating in the interactive poll is intended for individuals as consumers and Avalon Media LLC reserves the right to discount votes or polls if they reasonably consider them to have been made other than by individuals as consumers.
The result of the vote or poll will be established from all eligible votes or poll entries submitted before the closing date and time and received by Avalon Media LLC. Please note that votes or polls which have been sent but have not yet been received at the time when the result is calculated will not be counted but may still be charged where applicable.
In the event of a technical failure or other circumstance beyond the reasonable control of Avalon Media LLC and its related entities, which affects the vote or poll, we will calculate the outcome of the vote or poll having regard to all circumstances and information available to us at the relevant time.
Avalon Media LLC is committed to operating interactivity, including without limitation voting and interactive polls, fairly and to preventing abuse of its systems, as well as those of its agents and sub-contractors. Hence we reserve the right to disqualify and/or discount votes or polls if we have reasonable grounds to suspect, at our sole discretion, having regard to all the circumstances and information available at the relevant time, that voting has occurred that is designed to excessively manipulate the outcome of the vote; or votes or polls have been made in breach of these terms and conditions; or there has been any activity which is designed to unfairly influence the interactive service.
Avalon Media LLC is unable to confirm the integrity of any voting or polling method except for the official voting or polling system and/or numbers. From time to time, we may permit certain reputable third parties to offer voting or polling services and may count eligible votes or polls received from such services during specified voting or polling times in calculating the vote or poll results. Avalon Media LLC is not responsible for the operation of third party voting or polling services which shall be at the user's own risk and cost (if applicable) and subject to the terms and conditions of those third parties. In the event of any conflict between the Avalon Media LLC terms and conditions and those third party’s terms and conditions in relation to the vote or poll, our terms and conditions shall prevail.
Avalon Media LLC will not have a say in the outcome of any vote or interactive poll. In the event of a tie or if the outcome of a vote or poll cannot be reasonably determined because of a technical failure or other circumstance beyond the reasonable control of Avalon Media LLC, its related entities, their agents or sub-contractors, contingency plans will apply to determine the outcome of any vote or interactive poll in an impartial way.
In the event of any fault, mistake, misunderstanding or dispute concerning the outcome of a vote or poll, or the operation of any part of the interactive service, network or phone system, the decision of Avalon Media LLC shall be final.
Liability
In relation to all competitions, votes and polls promoted by Avalon Media LLC:
Nothing in the interaction terms and conditions restricts your statutory rights as a consumer. Subject to this, the following apply:
Avalon Media LLC does not accept responsibility for any fault, malfunction, damage, loss or disappointment suffered by you as an entrant or participant howsoever arising from participating in a competition, vote or poll or from accepting any prize whether due to any error, omission or other cause by the Avalon Media LLC, its related entities or its or their employees, agents or others.
Avalon Media LLC and its related entities are not responsible for any damage or loss caused to you which is not reasonably foreseeable to you and to us, when you enter a competition or participate in a vote or a poll or is reasonably foreseeable to you and to us at that time but is only indirectly related to you entering or participating in a competition, vote or poll.
Avalon Media LLC reserves the right to amend any element of a competition, prize, vote or poll for reasons beyond their reasonable control, including but not limited to the unavailability of the vote, poll or competition entry platform before the closing date, or for strike, lock-out, labor 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. Avalon Media LLC and its related entities is not responsible for any loss or damage caused to you as a result of any of these occurrences.
Avalon Media LLC can not promise that the services relating to a competition, vote or poll 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 our control. Avalon Media LLC and its related entities will not be liable to you or to any other person in the event that any entry, vote and/or poll is lost or not properly received, registered or recorded or where all or any part of the service relating to a competition, vote or poll is discontinued, modified or changed in any way.
You agree to reimburse Avalon Media LLC in respect of any damages suffered by Avalon Media LLC or any losses by Avalon Media LLC 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, vote or poll in breach of the interaction terms and conditions or from your violation of any applicable law or regulation.
Avalon Media LLC will not be liable to reimburse the cost or expenses incurred in making a competition entry or participating in a vote or poll where applicable.
Avalon Media LLC does not accept responsibility for any incorrectly addressed or undelivered competition entries, votes or polls or for any disruption, delay or misdirection of such entries, votes or polls.
Privacy
Information and data ('personal data') which is provided by you when you enter a competition or participate in a vote or poll will be held and used by us and our service providers, network operators, suppliers and contractors in order to administer the vote or poll, and to administer and fulfill the competition, prize and in connection with payments for entry to the competition where applicable.
Avalon Media LLC will only pass your data to third parties for marketing purposes if you have accepted to receive marketing information from those third parties.
Any personal data will be used in accordance with Avalon Media LLC privacy policy.
At any time, you can amend your marketing preferences and opt-out of receiving any marketing communications by sending an email to [email protected] and giving your name and email address.
Avalon Media LLC and/or the prize provider may be required to send personal data of the winner of a competition (and where applicable, their companion(s)) to third parties for the purposes of fulfilling and administering the competition and/or the prize and the competition winner agrees to such transfer for these purposes.
The winner of a competition may be required to participate in publicity. Avalon Media LLC (or any third party nominated by us) 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.
Please note that calls may be recorded to ensure that competition entries, votes and polls are captured, for staff training and/or quality control purposes.
General
Please note that when you pay for a competition entry, vote or poll, any rights you may have to withdraw from or cancel your purchase will be lost because the performance of our services is simultaneous or begins immediately once your purchase is completed.
You agree that you do not have any commercial relationship with Avalon Media or the prize provider, and that you are not an agent of Avalon Media and its related entities or the prize provider.
The interaction terms and conditions are available in English only and shall be exclusively governed by and construed in accordance with the laws of Wyoming, USA
These terms and conditions were last updated on 6th December 2013
Contact details and further information
If you have a comment, query or complaint about any interactivity provided by Avalon Media you should contact [email protected] or call +415- 871-0569 You will need to provide the following information:
· Your name
· Your email address
· The IP number of your computer
· If possible, your internet service provider
· The date(s) and time(s) when you experienced problems
· The nature of the problem you experienced
· A contact telephone number you can be reached on, complete with relevant code and international dialing information
Queries will be addressed as soon as possible.