Terms and conditions

Who may enter and how to win.
  
  


1. To enter the competition entrants must explain in no more than 500 words why they should be chosen to be a netjetter and email this to netjetters@theguardian.com ("entry").
2. Entrants should be UK resident, aged 18 or over and available to travel for a minimum of four months from November 2003. Entrants must be registered users of the Guardian Unlimited website ("website"). By taking part in the competition, entrants agree to be bound by and to abide by this Agreement and the website's terms and conditions and privacy policy.
3. All entries must be received by Guardian Newspapers Limited ("GNL") before midnight on Monday September 8 2003. GNL can accept no responsibility for entries which are delayed, lost or are incomplete.
4. Only one entry is allowed per person and each entry must be made by one person only.
5. This promotion is not open to employees of GNL or their agents or their families.
6. A panel of GNL travel journalists will select a short list of up to six finalists of the entries which in their sole opinion are the best entries.
7. GNL may request that the short-listed finalists attend an interview at GNL's offices at the address shown below and/or otherwise make themselves available to GNL to discuss their entries. GNL will reimburse finalists any pre-approved and reasonably incurred travel expenses.
8. Entrants hereby each irrevocably and unconditionally assign to GNL all present and future copyright and all other rights, title and interest in their entries and irrevocably and unconditionally waive any moral rights in their entries.
9. GNL reserves the right to edit and publish the short-listed entries on website and in the Guardian newspaper. All entrants consent to the use by GNL of their names for this purpose.
10. Website readers will be invited to vote for their favourites. It is anticipated that this voting will take place between September 27 and October 1 2003. The two winners will be the finalists who have written what the Guardian Unlimited's travel editors consider to be the best entries ("winners"). The two winners will be notified by telephone and email by October 3 2003 and subsequently the results will be announced on the website. The judges' decision will be final and no correspondence will be entered into with entrants and/or finalists.

The prize
11. The prize for each of the two winners is the opportunity to have their weekly reports published on the website (as detailed below), a digital camera plus up to £2,500 to be put towards the cost of each winner's travel expenses, payable as follows:
· £2,000 travel expenditure and spending money; and
· £500 completion bonus payable by GNL at the end of the term (as defined below at clause 20) if, in its reasonable opinion, the winner has filed the articles in accordance with the criteria set out below.
12. The winners may be required to arrange their travel themselves, subject to their travel budget and expenditure being subject to GNL's prior approval.
13. The prize is not transferable and there are no cash alternatives.

Travel prize details
14. Each winner must be available to travel between November 2003 and March 2004 (inclusive).
15. Each winner agrees to adhere to the journey described in his/her entry, providing that the journey may be changed for reasons or events which occur beyond his / her reasonable control. If this happens or appears likely to happen, the winner must notify GNL as soon as possible.
16. Prior to departure, each winner will be required to meet with Guardian Unlimited Travel editor at GNL's offices at 119 Farringdon Road, London EC1R 3ER.
17. Prior to departure each winner will be required to provide contact details of his/her next of kin; proof of travel arrangements; proof of adequate travel insurance; and a valid passport.
18. Each winner will be responsible for obtaining and maintaining, at their own cost, throughout the trip, adequate insurance which is suitable to the proposed journey and itinerary from a reputable travel insurance company. Without limitation, the terms of the insurance should include medical expenses (including repatriation), loss of personal or other property, cancellation of travel, transport and accommodation. Winners will also be responsible for arranging any visas, vaccinations and other steps required for undertaking their travels.
19. The winners will receive the prize money but will not otherwise be entitled to reimbursement of any expenses. The winners must therefore ensure that they have sufficient financial resources to meet any further financial commitments which may occur in connection with the trip including sustenance and accommodation throughout.
20. The duration of this Agreement shall be for four (4) months from the date of each winner's departure on the trip on or until return, whichever is the earlier to occur, or if terminated earlier at GNL's absolute discretion ("term"). GNL may also terminate this Agreement upon emailed notice to the winner for any of the following reasons: if he/she is unable to depart on the trip or to continue with the trip; if he/she fails to submit an article without good reason; if he/she repeatedly submits articles of a quality so poor that they are unusable and/or which fail to meet the criteria for articles set out below; if he/she fails to keep to their proposed journey and itinerary without good reason or unless agreed with GNL; if he/she brings or seeks to bring GNL and/or the website into disrepute.
21. Without prejudice to its other rights or remedies, if GNL terminates this Agreement, GNL may withhold payment of the £500 completion bonus and may seek to recover any loss it suffers including the prize money or that proportion of the prize money which is fair and reasonable in the circumstances.

Writing contract prize details
22. During the trip each winner will take photographs and write an entertaining and high quality weekly report totalling at least 700 words to feature at least one photograph ("article"). Each week of the term, winners must email an article to the designated email address and before the designated deadline. GNL may, at its sole discretion, edit and publish the articles in any form in any online or off-line publication published by GNL. The winners will ensure that the articles and the photographs are original works and have not been copied from another third party's work.
23. Each article will contain the minimum following information: · the current location each winner is reporting from; · the intended period of stay at the current location; · the next intended destination; and · wherever possible, at least three photographs relevant to the article.
24. If the winner is unable to email the article, then he/she should telephone in the article. If the winner is unable to submit an article in a particular week, he/she must give as much notice as possible in the circumstances to GNL.
25. GNL will advertise a public email address to invite the website's readers to correspond directly with the winners. GNL will set up a "talk thread" on the website where the readers may post suggestions and advice. The winners are not obliged to reply to any such e-mails nor to follow any advice or suggestions that they may be given by readers. If the winners reply they will not include any material which is obscene, libelous, offensive, illegal or which may bring GNL into disrepute.
26. For the avoidance of doubt, winners will be responsible for costs of communicating the articles to GNL, for communicating with readers and for accessing the website's talk thread.

Other terms and conditions
27. The winners each irrevocably and unconditionally assign to GNL with full title guarantee by way of assignment of present and future copyright all their rights, title and interest in the articles and in the photographs in whatever format made under the terms of this Agreement together with all rights of action for damages for infringement of copyright in the articles and in the photographs, absolutely for the entire period of copyright and any renewals or extensions of them and after that in perpetuity.
28. The winners each acknowledge that it is not always possible for GNL to identify them as the author of the articles (although GNL will try to do so wherever possible). They irrevocably and unconditionally waive their moral rights to be identified as the author of the articles and agree that GNL may adapt, add to, amend and or use the articles as it deems appropriate.
29. Winners will assume sole responsibility for their own actions and their own safety throughout their journeys as well as any arrangements and accommodation. GNL accepts no responsibility for and excludes all liability to the fullest extent permitted by law for the winners arising out of or in connection with their travels, or any other matter under this Agreement, and providing that GNL does not seek to exclude any liability to the winners for any death or personal injury caused by the negligence of GNL.
30. The winners will not enter into on behalf of GNL any commitment, contract or arrangement with any third party.
31. This Agreement does not constitute any form of employment by GNL of the winners.
32. These terms and conditions set out the entire Agreement between the winners and GNL and supersede any and all previous agreements whether written or oral. This Agreement is personal to the winners and cannot be assigned to anyone else. No amendment or variation to this Agreement will be accepted unless it is in writing and signed by the winners and the managing editor of GNL. This Agreement shall be subject to and interpreted in accordance to the laws of England and Wales and the parties shall submit to the exclusive jurisdiction of the English courts.
33. Promoter: GNL, 119 Farringdon Road, London, EC1R 3ER.

 

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