First Direct ‘Pictures of Happiness’ – Terms and Conditions
The promoter is first direct, 40 Wakefield Road, Leeds LS98 1FD. This competition is free to enter and is open to first direct savings and/or current account holders aged 18 or over within the UK only. This competition is not open to employees of first direct , HSBC Bank Plc. or other HSBC Group companies or anyone professionally connected with this competition.
Entrants must accept these terms and conditions to enter this competition.
Entrants may submit more than one photograph, and provided they meet the requirements below then each will be eligible to be selected for the shortlist and the grand prize.
The independent judge will select up to 7 photographs for the shortlist from those photographs submitted by entrants that meet the technical and content requirements below. From this shortlist, a single winning entry will then be selected according to the voting mechanism below.
Entries for this submission will be accepted from 11:00 24 August 2012 until 23:59 02 September 2012 (the ‘submission period’). The shortlist will be announced on or before 06 September 2012 after which votes may be cast. Voting will close on 10 September 2012, and the ultimate winner will be announced on 12 September 2012.
In order to enter this competition, entrants must submit a photograph that meets the technical and content requirements below via one of three methods of submission:
Via the competition app hosted on the first direct Facebook page, in which case entrants:
must therefore also be registered users of Facebook,
agree that this competition is in no way sponsored, endorsed or administered by, or associated with Facebook,
acknowledge that by entering the competition the entrant is providing their information to first direct and not to Facebook, and
grant Facebook a complete release from liability associated with this competition, to the extent permissible by law,
via first direct’s website, or
via email according to the instructions displayed on first direct’s website.
Photograph style, format and subject
Judging Criteria
The independent judge will choose the shortlist from eligible photographs according to which (in his or her opinion, which shall be final and not subject to any appeal) best satisfy the following criteria:
Originality and creativity of the entry
Emotion conveyed
Overall composition
Best answers the brief of ‘depicting happiness’
Photographs that are submitted but do not meet the technical or content requirements below, or do not meet the brief of ‘depicting happiness’, shall be ineligible and shall be excluded from this competition.
Content requirements
Each submitted photograph must not contain content that;
is pornographic, sexual, or contains nudity or is otherwise suggestive,
is violent, or promotes weaponry or cruelty to humans or animals,
is racist, sexist, ageist or derogatory of any ethnic, religious or other group of people,
is profane or otherwise offensive,
promotes illegal drugs, tobacco, or alcohol,
promotes dangerous activities,
is political,
promotes gambling,
duplicates other submitted photographs,
contains information about or references to people either living or dead (including personal information such as licence plate numbers or street addresses), businesses or companies,
contains trademarks, logos, or other intellectual property, even with permission,
contains or consists of copyrighted materials (such as paintings and other images), even with permission,
is inconsistent with first direct’s brand image and/or goodwill; and/or
is otherwise illegal, immoral or undesirable for inclusion in this competition.
Notwithstanding the other terms and conditions of this competition, first direct may only accept a limited number of photographs submitted by an entrant to avoid an entrant obtaining an unfair advantage by submitting large numbers of eligible photographs.
Technical Requirements
Each submitted photograph must be in .jpg, .gif, or .png format and no larger than a three and a half megabyte (MB) file size. To be eligible for use in the large-scale elements of the advertising campaign (e.g. billboard display) the submitted photograph must be at least 1200 x 1200 pixels. Submissions should not have any visible watermarks, signatures, or personally identifiable information such as name or email address.
Usage of and rights in submitted photographs
Some submitted photographs will be used in advertising campaigns by first direct. By entering this competition, all entrants must therefore grant first direct the right to use their submitted photographs for this purpose without payment, credit, attribution or further permission. Therefore all entrants grant HSBC Bank plc and/or its divisions, subsidiaries, parent, affiliates, agents and media partners (‘HSBC’), a world-wide royalty-free, perpetual irrevocable and fully sub-licensable licence to use, reproduce, modify adapt, edit, publish, translate, create, derivative works from, distribute, display and otherwise utilise their submitted photograph for marketing and editorial purposes worldwide, which may include the following channels:
online,
email,
direct mail,
broadcasting, including radio, television and cinema,
internal communications,
print and publishing,
national, regional and trade press,
billboard, poster mobile vehicle and other outdoor and public large-scale posters or displays, and
illuminated and projected displays,
and irrevocably waive all image rights, performers’ rights and similar rights worldwide.
Entrants agree that their submitted photograph may be combined with text and any other media, and may be altered, cropped or modified. Entrants waive the right to inspect or approve any use of their submitted photograph. Entrants acknowledge and agree that they have no right to consideration for such usage of their submitted photograph and hereby release and discharge HSBC from any liability by virtue of any uses, including any claims for libel and invasion of privacy, to the extent permitted by law. Entrants release HSBC from any liability and undertake not to prosecute or to institute proceedings, claims or demands for any remuneration, or otherwise, against HSBC in respect of any usage of their submitted photograph.
Entrants who submit photographs in which they do not own the copyright, or in respect of which they are unable to grant a valid licence on the terms above, agree to pay for all costs, damages, awards, fines, penalties and losses that first direct suffers as a result of using that photograph.
The prizes
There are two types of prize in this competition – the prizes for being shortlisted (called ‘shortlist prizes’), and the grand prize for the ultimate winner.
Shortlist Prizes
Each entrant whose photograph is selected by the independent judge for the shortlist (each a ‘shortlisted entrant’) is entitled to claim one shortlist prize (each being a £100 Jessops Voucher, a copy of ‘The Complete Guide to Digital Black & White Photography’ by Michael Freeman and usage of their shortlisted photograph in an advertisement campaign by first direct). Whilst first direct aims for this maximum number of photographs being selected for the shortlist, the independent judge in their absolute discretion may select fewer.
Shortlist Prize Fulfilment
first direct will send one shortlist prize to each shortlisted entrant at the postal address they supplied when they submitted their photograph.
Shortlisted entrants are responsible for ensuring that they provide a full and accurate name, postcode and email address with their entry. If a shortlisted entrant does not provide a full and accurate mailing address within the UK then their shortlist prize will be forfeited. first direct may contact shortlisted entrants to resolve problems with their address, but is under no obligation to do so.
Subject to b. above, first direct aims to have each shortlist prize delivered by 11 October 2012.
Grand Prize
There is a single grand prize available for the entrant who submits the shortlisted photograph that wins the public vote. The grand prize comprises all the following:
Nikon D7000 camera
Weekend break in London including
A 2 night stay (Friday night and Saturday night) in a 5 star hotel selected by first direct
Return travel to the hotel from the winner’s place of residence within the UK (method of transport to be determined by first direct)
Dinner up to a value of £200
Photography master class with Andy Teare
Trip to see their winning photograph displayed in a billboard advertisement by first direct at a London location (this is only possible if the winning photograph meets the technical criterion above for use in large-scale advertising)
The weekend break must be taken on one of the following weekend dates:
5th & 6th October 2012, or
12th & 13th October 2012,
Grand Prize Voting
The shortlisted photographs will be presented to the public on Facebook and on the first direct website on 06 September 2012. Members of the public will then be able to cast a single vote for their preferred photograph either via the Facebook app or via mobile phone SMS text message voting, or both. Only one vote will be accepted per Facebook account (for Facebook voting) and per phone number (for SMS voting). Voting will be available from 06 September 2012 until 10 September 2012. When voting closes at 23:59 on 10 September, the entrant whose photograph has the greatest total number of votes cast for it will win the grand prize.
Grand Prize Fulfilment
When voting closes at the time detailed above first direct will send the grand prize winner an email telling them that they have won the grand prize, which will be sent to the email address supplied by the grand prize winner when they submitted their entry. In that email, the grand prize winner may be asked to provide their full mailing address together with contact telephone number(s) so that first direct can send them their prize. In order to claim their prize the grand prize winner may also be asked for proof of identity and/or address and/or age that matches their entry details.
If the grand prize winner does not respond to first direct’s email in a. above with the complete information requested by the end of 19 September 2012, if the grand prize winner does not provide a full and accurate mailing address in the UK, or if the grand prize winner does not provide adequate evidence of their identity, address or age where requested, then the grand prize will be forfeited. first direct shall have absolute discretion in determining whether evidence of identity, address or age is adequate.
Subject to b. above, if the grand prize winner responds to that email with the information requested before 19 September 2012, then first direct will have the grand prize delivered by 19 October 2012.
If the grand prize is forfeited due to b. above or for any other of these terms, then first direct may at its absolute discretion award the grand prize to the entrant whose photograph secured the next highest number of votes from the shortlisted entries, but is under no obligation to do so.
General terms
The independent judge’s decision is final, and no correspondence will be entered into.
Entrants agree that, if their submitted photograph in any way includes:
third parties or third party property, then they have obtained the required consents and releases from those third parties (or third party property owners) to include them in their submitted photograph,
images of locations that require permission, permits or releases to be obtained for the commercial use of the image, then they have obtained the required consents and releases from the appropriate owners/authorities, and
third parties under the age of 18 years, then they have obtained the required consents and releases from the parents or legal guardians (as applicable) of those third parties to include them in their submitted photograph.
first direct may at its sole discretion reject any photograph submitted to this competition for any reason whatever (and thus exclude it from this competition), but in particular if such photograph fails to meet the technical or content criteria above. first direct’s decision in this regard shall be final and no correspondence shall be entered into. first direct may notify entrants if their submitted photograph is rejected but is under no obligation to do so.
Whilst the Facebook app or first direct competition entry page might remain available to users after the submission period has closed, entries received by any method after the submission period has ended are disqualified.
No cash alternative is available for any prizes. In the unlikely event that a prize is unavailable for any reason, first direct may at its sole discretion substitute an alternative prize of equivalent cash value.
It is the winners’ responsibility to comply (at their own expense) with any laws requiring payment of any tax, duty, levy or similar impost relating to the award of any prize, and first direct shall have no responsibility in respect thereof.
first direct accepts no responsibility for prizes which are lost, delayed, corrupted, damaged, misdirected or incomplete or cannot be delivered for any technical, delivery or other reason.
first direct reserves the right to withdraw or amend this competition at its absolute discretion.
first direct and its agents accept no responsibility for difficulties experienced in submitting an entry to this competition. first direct does not guarantee that the entry mechanisms will be available at all times whilst this competition is open.
If first direct reasonably believes an entry to be fraudulent, including if first direct reasonably believes that an entrant does not own the copyright in their submitted photograph, then that entrant will be excluded from this competition any prize won by their entry will be forfeited.
Multiple entries by the same person (by way of duplicate or ‘fake’ accounts or otherwise) may result in all entries by that person being disqualified from the competition and all prizes awarded to that person being forfeited.
Entries must only be from individuals – entries from groups, syndicates, companies or the like are not permitted. All prizes awarded to such organisations will be forfeited.
Any entries made via computer programmes, devices, macros, scripts, algorithms or similar automated methods may not be counted and may be disqualified, and all prizes awarded in response to such entries will be forfeited.
Multiple votes by the same person (by way of duplicate or ‘fake’ Facebook accounts or via repeated SMS text message voting) may result in all votes by that person being disqualified from the competition. Any charges for SMS text message votes will not be refunded.
Votes cast via SMS text message will be charged at normal rates. Depending on network operator practice, these messages may not form part of ‘free’ SMS text message allowances or packages. SMS text messages are not always delivered instantly, and such votes received after the voting closes will not be counted even if they were submitted before voting closed.
Entrants agree that this competition is governed by English law, and that the courts of England shall have exclusive jurisdiction over any disputes.
Use of Information
All personal data will only be held for the purpose of fulfilling this competition and the purposes below, and shall not be used for any other purpose whatsoever without your prior consent.
The Facebook application will not post anything to entrants’ timeline, notifications or newsfeed.
first direct will collect entrants’ full name, postal address and email address in order to deliver the prizes, and to check eligibility including that entrants hold an account with first direct. first direct will share all shortlist winners’ and the grand prize winner’s name and address with third parties to arrange fulfilment of the prizes.
first direct reserves the right to use and publicise shortlist winners’ and the grand prize winner’s names, approximate geographic location, and the fact that they bank with first direct for promotional purposes and to publish a list of winners as below.
The prize winners’ first names and postal district will be available from first direct, 40 Wakefield Road, Leeds LS98 1FD after 31 October 2012.Please mark your request ‘first direct ‘Pictures of Happiness’ competition explaining that you want the list of winners, and enclose a stamped self-addressed envelope.