This section contains terms and conditions for:
I. The www.finalreplay.tv website (“Website”);
II. The #fullcolour crowdfund (“Crowdfund”) prize draw promotion (“Prize Draw” or “Promotion”);
III. Rewards purchased by Crowdfund Film Funders (“Rewards”); and
IV. The Final Replay Website shop (”Shop”).
I. WEBSITE TERMS
If You purchase services, products or digital content through the Site, separate terms and conditions will apply to such transaction(s) and You must read those terms and conditions carefully. Changes to any other content accessible through our Site will only be made in accordance with the terms and conditions applicable to that content.
1. Final Replay Site
1.2. We reserve the right to amend or withdraw the service(s) provided on our Site without notice. We do not guarantee the Site will be available without interruption and will not be liable if the Site is unavailable at any time or for any period for any reason. We aim, but are not obliged, to update the Site regularly, and may change content at any moment. If we need to, We may suspend access to our Site, or close it indefinitely. This is, however, subject to the terms and conditions for any content delivered through our Site and does not affect Your rights in relation to the same.
1.3. You are responsible for using Your own security software and virus protection software when using the Site and for lawfully installing any necessary software on and otherwise configuring Your computer or other personal electronic device so as to access, view content on and interact with our Site. We will not be liable for any loss or damage caused by viruses, distributed denial-of-service attacks, or other technologically harmful material that may infect Your computer data or other material due to Your use of our Site or to your downloading of material posted on it, or on any website linked to it.
2. Links To The Final Replay Site
2.1. You can link to our Final Replay website pages where relevant, and provided that Your doing so is fair and legal and does not damage or take advantage of Our reputation, but You must not establish a link in a way that suggests any form of association, approval or endorsement by Final Replay where none exists, nor in any unlawful manner. This permission is for a basic link only and, for the avoidance of doubt does not extend to display of any other Final Replay content or material or that of Our licensors.
3. Links From The Final Replay Site
Our Site may contain links to other websites and assets provided by third parties. We do not control the content of websites linked to from our Final Replay Site and accept no responsibility for them or for any loss or damage that may arise from Your use of these sites. We recommend You read the terms and conditions and privacy pages of these other websites and any products and services sold thereon.
4. Young People
We are aware that young people may visit our Site, or interact with Us and our commercial partners. All minors must please have the permission of a parent or guardian before submitting or requesting any content or information to/from Us, our commercial partners or other third parties, or before buying anything through our Site shop. Users might be asked to confirm age before accessing parts of the Site and/or certain services on it, and young people may be required to verify through their parent/guardian. The parent or legal guardian should please supervise young people when online and We recommend parental internet control tools are used. When a minor uses the Site or services We offer, the minor is confirming that they have received the consent of their parent or guardian so to do.
5. Site Restricted Zones
5.1. Users may be able to subscribe and/or register to receive additional restricted access to certain zones of the Final Replay Site or to receive information from Us (“Restricted Zones”). Access to Restricted Zones will be subject to you accepting further terms and conditions, which We will bring to Your attention when You register or subscribe. Subject to applicable law and any additional terms and conditions relating to a Restricted Zone, We are not obliged to accept Your request for subscription/registration to Restricted Zones and reserve the right to suspend or terminate access at any time. Unless We state otherwise, any acceptance of Your registration/ subscription will be for You as a single user. You must not share Your password, other access details or any content from a Restricted Zone with any other person, user, persons or users.
6. Policy: Acceptable Use
6.1. You must not misuse the Final Replay Site by knowingly introducing worms, bugs, viruses, trojans, logic bombs or other material that is malicious or technologically harmful. Nor may You attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site, or attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, You may commit a criminal offence under Computer Misuse Act 1990. If You contribute materials to the Site (“Contributions”) through any method We might make available for that purpose You:
6.1.1. must own the content (or have permission to post it) of the Contribution;
6.1.2. must ensure matters expressed as facts are accurate and opinions genuinely held; and
6.1.3. must ensure Your Contribution complies with applicable law of the UK and any other country from which You make it.
6.2. Contributions must not:
6.2.1. be offensive, hateful, defamatory of any person, threatening, obscene, inflammatory, sexually explicit, violent, cause distress, discriminatory on grounds of race, sex, religion, nationality, disability, sexual orientation, or age;
6.2.2. infringe the intellectual property, confidentiality, privacy or other rights of any person, business or organisation;
6.2.3. contain worms, bugs, viruses, trojans, logic bombs or other material that is malicious or technologically harmful;
6.2.4. be contributed or sent for commercial gain (eg. ‘spam’); or
6.2.5. otherwise be illegal or promote illegal activity.
6.3. Final Replay does not monitor Contributions but reserves the right to do so including (amongst other things) editing, refusing to post, responding to or removing Contributions in Our absolute discretion. No failure by Us to do so, however, constitutes any acceptance or endorsement of that Contribution.
6.4. We accept no liability in respect of any Contributions submitted by You and published on the Site and no Contribution shall be deemed to express any of Our opinions.
7.1. We do not make any representation or warranty that use of the Site will be uninterrupted, or that information or material contained on or accessible via this site is accurate, complete or current, or that use of this site is free of risk, viruses or other damage – although We use reasonable endeavours to ensure that information and material contained on the Site is correct.
7.2. To the extent permitted by law, We exclude any liability, loss and damage incurred by any User of the Final Replay Site in connection with the use, inability to use, or results of use of the Site, any website linked to it or any materials posted on it, including, without limitation any direct, indirect or consequential loss, damage and liability.
7.3. The Site is primarily intended for private domestic use only and, therefore, without limiting the above, We will not be liable for business losses, including loss of income or revenue, profits, trade, anticipated savings, business or loss or corruption of data and any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
8. Intellectual Property
8.1. Except as set out at section 8.4 below, all intellectual property rights in the Site and the materials and content published on it, including, without limitation, the text, design, photographs, images, illustrations, data, numbers, graphics, trademarks, logos, audio or video content, written and other materials, the selection and arrangement thereof and software, but excluding Contributions (“Material”) are owned by Us and/or Our respective licensors and commercial partners and are protected by copyright, design rights, database rights, trademark rights and other intellectual property rights. All such rights are reserved.
8.2. Permission is granted to You to view the Material on a single personal computer or other device and to print a single hard copy of such Material only for personal, non-commercial use. Access to some Material may be subject to payment and acceptance of further terms and conditions by You (see above). Any other use of materials on this Site, including (amongst others) download, modification, reproduction, transmission, distribution, extraction, commercial exploitation or re-publication, without the prior written permission of Final Replay, is strictly prohibited and You agree not to, nor assist any person or persons to, carry out such acts.
8.4. In relation to any Contribution you make, You grant Us a permanent, free of charge, worldwide right to display it on the Final Replay Site to other Users and otherwise use and permit others to use that Contribution, including (amongst other things) to adapt, broadcast, copy, disclose, sub-license, publish, sell and/or transmit the Contribution for all and any commercial and non-commercial purposes.
8.5. The photographs and videos on the Site are owned by Us unless otherwise stated on individual photographs or videos.
9. Termination Or Suspension
9.1. We may at any time terminate or suspend Your use of all or part of the Site and/or access to Restricted Zones if:
9.1.2. We are unable to verify or authenticate any information You have provided to Us, where we reasonably need to do so;
9.1.3. We decide to no longer make the Site or Restricted Zone (or part of it) available to any Users. If access to Restricted Zones has been paid for, this is subject to any additional terms and conditions and/or applicable refund policy;
9.1.4. We need to undertake updating, repair or maintenance to the Site or technology relating to it. See the terms and conditions of any paid for Restricted Zone; or We are required to do so by law.
10. Information About You
12. Applicable Law
II. PRIZE DRAW TERMS
By entering the #fullcolour66 crowdfund (“Crowdfund”) prize draw promotion (“Promotion” or “Prize Draw”) you shall be deemed to have accepted these terms and condition (“Terms and Conditions”). Participation in the Prize Draw constitutes all entrants’ full and unconditional agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not enter the Prize Draw. These Terms and Conditions may be updated from time to time, so please check these Terms and Conditions regularly to ensure you understand the rules that apply to the Prize Draw.
This Promotion is only open to people aged 18 and over. The laws applicable to prize draws in Northern Ireland are different to those that apply in the rest of the UK. Therefore, although anyone from the UK and Ireland can become a Film Funder, entry to the Prize Draw is limited to residents of Great Britain only. All entrants must have access to the internet and have a working email address. Employees or agencies of Final Replay Limited (“Final Replay”, “FR”, “we”, “us”, “our”), its group companies or their family members, or anyone else connected with the Promotion may not enter the Promotion.
You acknowledge and agree that the Prize Draw will only take place, and winners will only be selected, if the Crowdfund reaches its minimum funding target of £700,000 (the “Funding Target”) on or before 31 December 2020. If the Funding Target is not reached by the Closing Date, and no Prize Draw takes place, your Entry Fee (if any) will be refunded.
3. Entry Period
Start Date: the start date of this Promotion is 00:01 (BST) on 24 November 2020.
Closing Date: the closing date of this Promotion is 23:59 (BST) on 31 December 2020.
Entries received before the Start Date or after the Closing Date will be void and will not be eligible to win a prize. We will not change the Closing Date unless unavoidable circumstances beyond our control make it necessary to do so and either not to change the date would be unfair to those who sought to participate within the original terms, or those who sought to participate within the original terms will not be disadvantaged by the change.
4. How to Enter
There are two ways you can enter the Promotion:
Paid Entry: to enter via this method, please visit www.crowdfunder.co.uk/fullcolour66 and select one of the Rewards. Choose your pledge amount (“Entry Fee”). Follow the on-screen instructions to complete your payment. Once complete, you will automatically receive one entry for each whole number of British pounds sterling you have pledged. For example, if you donate £66 you will receive 66 entries; if you donate £500 you will receive 500 entries. It is possible to pledge to the Crowdfund without entering the Promotion. In order to do so, please email us at firstname.lastname@example.org with your name and we will exclude you from the Prize Draw.
Free Entry: to enter via this method, please send a letter or postcard to Final Replay 1966, 2nd Floor, Regis House, 45 King William Street, London EC4R 9AN and include your full name, address (no post office box addresses accepted), city, post code, date of birth and email address. Limit is one entry per outer mailing envelope or postcard. Final Replay is not responsible for lost, late, delayed, mutilated, incomplete, postage due, misdirected entries or entries not received by the Closing Date of the Promotion. Please confirm in your letter or postcard that you would like to enter the Promotion and that you agree with these Terms and Conditions.
All individual entries into the Promotion have an equal chance of winning, regardless of the method of entry. You can enter as many times as you like. Entries specifying an invalid, non-working or inactive email address will be disqualified and ineligible to be entered into the Prize Draw or to win a prize.
5. Selection of Winners
Exactly two hundred winners will be chosen using a verifiable random process from among all eligible entries received in accordance with these Terms and Conditions. The Prize Draw to select all two hundred winners will take place within 10 days of the Closing Date or within 10 days of the end of the Crowdfund whichever is the later (“Final Closing Date”).
6. Notification of Winners
The winners will be notified within 30 days of the Final Closing Date using the email address used to enter the Promotion and may be awarded the prize subject to confirmation of verification of eligibility and compliance with these Terms and Conditions. The notification email will ask the winner to (a) provide a copy of a valid passport or other acceptable photo ID and, if the winner does not have a British passport or other acceptable photo ID, proof of residency in Great Britain so that we can verify the winner’s identity and eligibility to win a prize, and (b) provide further information regarding the screening such as choice of time and date, if more than one screening is scheduled.
We will always use reasonable endeavours to notify winners that they have been selected, but if a winner does not respond to FR within 7 days of receiving FR’s prize notification email, or we are unable to verify their identity and/or eligibility using the information they provide us, then the winner’s prize will be forfeited and FR shall be entitled to select another winner in accordance with the process described above (and that winner will have to respond to notification of their win within 7 days or else they will also forfeit their prize).
If a winner rejects their prize or we reasonably believe that their entry was invalid or they have otherwise breached these Terms and Conditions, the winner’s prize will be forfeited and FR shall be entitled to select another winner in accordance with the process above. All entrants are advised to regularly check their junk mail folders for prize email notifications.
7. Announcement of Winners
The name and county of the winners can be obtained by sending a stamped self-addressed envelope within 60 days of the Final Closing Date to the following address: Final Replay 1966, 2nd Floor, Regis House, 45 King William Street, London EC4R 9AN. You can object to this information being made available if you are a winner by emailing email@example.com with your name.
Each winner will receive one Golden Ticket that allows two people to attend a VIP red carpet London private screening on or around 29 July 2021. There are 200 Golden Tickets available to be won in the Prize Draw. Winners will also receive “Special Thanks” in the credits of the colourised 1966 World Cup Final film. Winners who do not want their name in the credits can email us at firstname.lastname@example.org with their name and we will not include them in the credits.
The prize will be sent to the winner by FR by email using the email address used to enter the Promotion.
For the screening:
- tickets and seating are subject to availability and seats will be allocated on a first-come, first-served basis;
- if the prize event is delayed or rescheduled for any reason, tickets for the delayed or rescheduled event may be provided in the sole discretion of FR;
- if an element of the Prize Draw is unable to be provided, we will endeavour to provide a suitable alternative element;
- if the event is cancelled for any reason (including as a result of or in connection COVID-19) we will endeavour to offer you a suitable alternative prize;
- you must comply at all times with the applicable policies, procedures and terms and conditions of FR and any relevant third party (e.g. ticket terms and conditions, general terms of admission, dress codes, alcohol consumption restrictions, etc.). We may remove any winner from an event if they are in breach of any of these policies, procedures and/or terms and conditions or are otherwise acting in an inappropriate manner; and
- persons who are subject to a football banning order anywhere in the world will not be eligible to attend any events as part of a prize.
All prizes are non-exchangeable, not for resale, and not redeemable for cash or other prizes.
Although the film, rewards and prizes will not be ready in time for Christmas 2020, entrants may gift rewards to third parties (e.g. as birthday presents). Entrants wishing to do so should select the send ‘as gift’ option when checking out. If the Crowdfund reaches the Funding Target, the applicable reward will then either be sent to the entrant later in 2021, or direct to the gift recipient (we will ask for name, email address and postal address of gift recipient in due course).
FR accepts no responsibility for any costs incurred by a winner if they win a prize (including, without limitation, any travel costs to and from the venue).
We reserve the right to substitute a prize with another prize of equal or higher value if circumstances beyond our control make it necessary to do so.
All prizes are awarded as is, without any representations or warranties of any kind. FR is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this Promotion.
We may disqualify any entrant that we reasonably believe (a) has abused or tampered with the operation of the Promotion or entered using fraudulent means, (b) has breached these Terms and Conditions; or (c) has not given correct contact details.
10. Personal Data
11. Events Beyond our Control
We will endeavour to host the private screening(s) on or around 29 July 2021, but it is possible that the private screening(s) may have to be restructured, rearranged, postponed or cancelled due to Covid 19 or some other event beyond Final Replay’s control, in which case Final Replay will offer Golden Ticket winners a suitable alternative prize to the private screening(s). By entering the Prize Draw, you acknowledge that there is no guarantee that the screenings will be able to go ahead, there may be more than one screening on a day and there may be more than one day of screenings, and, in addition to Golden Ticket winners and their guests, film screening guests may also include project sponsors, partners and other supporters at the discretion of Final Replay.
12. Our Liability to You
FR accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering the Promotion or accepting the prize. Nothing in these Terms and Conditions shall limit or exclude the liability of FR for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any matter in which it would be unlawful for us to exclude or restrict our liability.
If FR fails to comply with these Terms and Conditions, FR will be responsible for any foreseeable loss or damage you suffer that arises from a breach by FR of these Terms and Conditions, or its negligence, but FR is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it were an obvious consequence of our breach or if it were contemplated by you and FR at the time you entered the Promotion. Notwithstanding the foregoing, and subject always to paragraph 13a of these Terms and Conditions, FR’s maximum liability to you under these Terms and Conditions, and our aggregate liability to you or any third party shall not exceed one hundred British pounds sterling (£100), in any circumstance.
FR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Promotion with or without prior notice due to any reason outside its control (including, without limitation, in the case of anticipated, suspected or actual fraud). The decision of FR in all matters under its control is final and binding and no correspondence will be entered into.
The #fullcolour66 campaign is being launched in partnership with Alzheimer’s Society – the UK’s leading dementia charity. If the crowdfund minimum target of £700k is reached, £35k will be donated to the charity to support its work and if the crowdfund raises over £700k, any surplus will also be donated in full, net of taxes and any Final Replay pledges or extra project costs. FR will not be entered into the prize draw for any pledges that it makes.
FR shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, COVID-19 or other pestilence, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure.
The Promotion, these Terms and Conditions, and any dispute arising out of or in connection with them, will be governed by English law.
You can bring legal proceedings in respect of the Promotion and these terms and conditions in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Promotion and these Terms and Conditions in either the English courts or the courts in Scotland.
As a consumer, each entrant will benefit from any mandatory provisions of the law of the country in which he or she is resident. Nothing in these Terms and Conditions, including the paragraph above, affects a participant’s rights as a consumer to rely on such mandatory provisions of local law.
The promoter of this Promotion is Final Replay Limited, 2nd Floor, Regis House, 45 King William Street, London EC4R 9AN. All questions regarding these rules should be directed to email@example.com
These Prize Draw Terms were last updated on 30.11.2021.
III. REWARD TERMS
If you purchase a Bronze, Silver or Gold reward via our #fullcolour66 crowdfund, then in addition to the terms and conditions relating to the #fullcolour66 crowdfund set out at www.crowdfunder.co.uk/fullcolour66 these additional terms will apply to the reward(s) that you purchase (together, the “Reward Terms”). By purchasing a reward you are deemed to have accepted these Reward Terms.
1. The Bronze Film Funder streaming reward will be limited geographically to the UK and Ireland – you will not be able to access the stream outside the UK and Ireland. The streaming will take place from approximately 15.00 hours GMT on 30.7.21. Bronze Film Funders will be provided beforehand with a weblink and code to watch the match online. They will be able to watch once in full over the 14 day period to 12.8.21. They may not provide the code to any other person.
2. The Silver Film Funder and Gold Film Funder DVD rewards will be provided in a souvenir case and will be sent by second class post to the address provided by the Silver and Gold Film Funders. The DVDs will only be posted to addresses in the UK and Ireland. Accordingly, Film Funders from outside the UK and Ireland will not be entitled to receive any rewards. However, if you live outside the UK and Ireland and would like to join the crowdfund, support the restoration project and receive a copy of the match DVD (signed or not) please email Final Replay at firstname.lastname@example.org as soon as possible and we will advise if stock will be available for you and any extra cost of delivery to you.
3. If the £700,000 fundraising target is not met or exceeded when the crowdfund ends, the project won’t go ahead, all pledges will be refunded in full, Film Funders won’t receive any rewards and the Prize Draw will not take place.
4. There are other potential risks relating to this project: for example, it may not be possible to restore or colourise the footage as well as expected, a technical failure or fire or other disaster could impact project timing and/or it may not be possible to deliver the rewards in the manner described.
5. The budget is indicative only. Final costs will depend on, among other things, take-up of the rewards.
6. Final Replay reserves the right to add new complementary rewards to the crowdfund structure.
7. Although rewards will not be ready in time for Christmas, Film Funders may gift rewards (e.g. as birthday presents) in 2021. They should select the send “as gift” option when checking out and the organisers will email the Film Funder the reward details in due course, if the crowdfund is successful, for them to give to the gift recipient. The reward will then either be sent to the Film Funder in 2021 or to the gift recipient (we will ask for their name and address in due course – please note their address will need to be in the UK or Ireland).
8. All rewards will be offered and administered by Final Replay. For customer service please email email@example.com
9. Rewards cannot be exchanged for monetary value at a later date.
10. The primary method of contacting Film Funders will be by email. It is the responsibility of the Film Funder to ensure Final Replay hold the correct email address for them.
11. In addition to receiving their rewards, all Film Funders aged over 18, who are resident in Great Britain and meet all our other Prize Draw eligibility criteria, will be entered into the Prize Draw to win a Golden Ticket for two people to attend the film private screening. It is also possible to enter the Prize Draw by post without becoming a Film Funder. The laws applicable to Prize Draws in Northern Ireland are different to those that apply in Great Britain. Therefore, entry to the Prize Draw is limited to residents of Great Britain.
12. Full terms and conditions apply to the Prize Draw and are set out in the Prize Draw Terms section above. Please read these carefully before making your pledge and entering the Prize Draw.
13. These Reward Terms were last updated on 23.11.2021.
IV. SHOP TERMS
These Shop Terms were last updated on 23.11.2021.