Bayt.com - Competition Rules

1. Introduction

1.1 These Competition Rules shall be binding on you ("you"/"your") when you enter any promotion, prize draw or competition ("Competition(s)") operated by Bayt.com, Inc. ("Bayt.com") (including but not limited to those Competitions operated by Bayt.com on behalf of its affiliates, agents or sponsors) or any website owned or controlled (directly or indirectly) by Bayt.com from time to time.

1.2 All entry instructions and any other specific details relating to the particular Competition or the Competition rewards, prizes or gifts ("Prizes") published on this website or in any media which features or advertises the Competition together with these Competition Rules form the Competition terms and conditions ("Terms"). Entry and participation in any Competition shall be deemed an unconditional acceptance by you of each and all of these Terms. Where there is a conflict between the Competition Rules and any specific details published on this website or in any media featuring the Competition these Competition Rules shall prevail.

1.3 You have made certain representations and warranties to Bayt.com (both in these Terms and otherwise) in entering the Competition and/or applying for a place on the Competition. Bayt.com has relied on the accuracy and truth of such representations and warranties. Should Bayt.com or its agents become aware of any fraud, deceit or similar action undertaken in connection with the Competition or otherwise, or any act or omission which might (in Bayt.com's opinion, which shall be final) have an adverse effect on the Competition or on the business or reputation of Bayt.com, in addition to any other legal remedies available, Bayt.com reserves the right in its absolute discretion (without notice to you and/or without giving reasons) to (i) forfeit your place on the Competition; or (ii) withdraw the Prize(s).

2. Eligibility

2.1 Unless otherwise stated, the competition is open to residents of all countries.

2.2 Unless otherwise expressly stated, you represent and warrant that, as an individual, you are at least 18 years of age on the date you enter a Competition and, if requested by Bayt.com, shall provide evidence of your age to Bayt.com's reasonable satisfaction. Written parental/guardian consent is required where a Competition states that entrants may be under 18 years of age.

2.3 You must enter any Competition using your legal name (as stated in your passport where entrants are individuals). By entering a Competition, you hereby warrant that all information submitted by you is true, current and complete.

2.4 Bayt.com competitions are not open to employees or contractors of Bayt.com, any person directly or indirectly involved in Bayt.com or the running of the competition, or their direct family members.

3. Intellectual Property

3.1 Unless Bayt.com provides prior confirmation in writing, materials and content submitted as Competition entries will not be returned to you. In the event that you request your entry to be withdrawn from a competition, this request must be made in writing. Once this request is approved, your entry will be removed from public viewing - if applicable - in a reasonable time. In the event of withdrawal, the entrant forfeits any claims to prizes.

3.2 In consideration for the opportunity to enter the Competition and in respect of copyright and any and all other intellectual property rights in any submission made by you to Bayt.com (the "Rights") and in respect of your entry into the Competition, (including, without limitation, all written or oral expressions of ideas, interviews, pictures, photographs, audio, audio-visual, whether your appearance is featured or incidental) in all media and technology (the "Products"), you:
(a) hereby grant to Bayt.com an irrevocable exclusive royalty-free perpetual worldwide licence to use the Rights in the Products any and all media to the extent Bayt.com deems appropriate (the "Licence");
(b) agree, at Bayt.com's request, to assign to Bayt.com all Rights (including without limitation where such Products are not in existence at the date of this Agreement, by way of present assignment of future copyright) and you further agree to do all such acts as may be reasonably requested of you by Bayt.com to effect such assignment of the Rights; and
(c) acknowledge that the Licence and, if applicable, any assignment shall include a full waiver of any and all applicable moral rights and confers the right upon Bayt.com to alter, edit, compile, amend or otherwise adapt such Products and/or use such Products in conjunction with any other material and to use, distribute and/or broadcast such Products in all media and all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephony) and the right to sub-license such rights to any other persons, in each case for such purposes as Bayt.com may in its absolute discretion determine.

3.3 By entering this competition you acknowledge that Bayt.com may develop itself, or may receive from third parties, concepts which are similar to those in your entry. You acknowledge that Bayt.com may develop any such concepts without infringing your rights in any way. You further acknowledge Bayt.com's right to develop and use any concepts and design elements incorporated in your entry.

3.4 You warrant that any and all submission made by you to Bayt.com will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. Bayt.com reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove such information.

3.5 By entering any Competition and submitting any material or Products you warrant to Bayt.com that:
(a) you own all Rights in respect of the Products submitted by you to Bayt.com in respect of the Competition;
(b) Bayt.com is free and able to use the Products and the Rights in accordance with and in the manner set out in any relevant terms irrespective of whether such Products are winning entries;
(c) you agree to waive any moral rights you may have in the Products and have obtained a waiver of all applicable moral rights in the Product and further have obtained all consents and permissions in respect of the Product;
(d) the Products do not violate any applicable laws or regulations (including any laws regarding anti-discrimination or false advertising);
(e) neither the Products nor the Rights are defamatory, trade libellous, unlawfully threatening or unlawfully harassing nor obscene or pornographic;
(f) you have the right, power and authority to grant the Rights; and
(g) the Products do not, to the best of your knowledge, contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

3.6 The entrant to a Competition is the individual or company submitting the Products (i.e. the entrant who owns the mobile telephone or who can be reached at the submitted email address). If the person(s) whose image is captured in any images, videos or other media is different to the person submitting the media, the person featured in the image shall have no claim to the Prize or any part thereof.

3.7 You must ensure that any person or persons whose image has been used in the relevant Products has given valid consent for the use of their image or has waived any rights they may have in the images, videos or other media submitted. Failure to adequately demonstrate this consent to the satisfaction of Bayt.com may result in your disqualification from the Competition and forfeiture of any Prize.

3.8 For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition will vest exclusively in Bayt.com for its own use (in its absolute discretion).

3.9 Any use of Bayt.com material in a competition entry will not transfer any rights or obligations to the entrant. Bayt.com retains all rights in respect of copyright and any and all other intellectual property rights.

4. Bayt.com - exclusion of liability

4.1 Bayt.com is not liable in any way for any costs, expenses, damages, liability or injury suffered by you arising out of or in any way connected with the Competition or Prizes other than those costs and expenses specifically provided for in the Prize (if any).

4.2 Bayt.com accepts no liability (and excludes all liability) to you for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.

4.3 Bayt.com shall not be liable to perform any of its obligations under the Competition or in respect of the Prizes where it is unable to do so as a result of circumstances beyond its reasonable control and whilst Bayt.com may endeavour to provide an alternative Prize, it shall not be liable to compensate you in such circumstances.

5. Competitions - General

5.1 You will comply with the reasonable instructions and directions of Bayt.com or Bayt.com's representatives that are not featured in the Terms. Failure to do so may lead to immediate disqualification or withdrawal of the Prize, at Bayt.com's direction.

5.2 You agree you will not by any act or omission do anything, which might bring Bayt.com into disrepute.

5.3 Where applicable, source material utilised by Bayt.com's question compilers and submission forms shall be taken as correct.

5.4 Late entries (i.e. entries received after the relevant advertised closing date for the Competition) may not be accepted except with the express written permission of Bayt.com in its sole and exclusive discretion.

5.5 Bayt.com does not accept responsibility for entries lost, damaged or delayed in transit to the Competition address nor for any problems related to telephone networks/lines, computer systems or equipment, internet issues including traffic congestion. Proof of posting will not be accepted as proof of receipt nor will proof that an e-mail has been sent be deemed proof of receipt.

5.7 Unless otherwise stated, entrants are limited to one entry per person. In all cases, winning entrants are limited to one prize per competition.

5.8 Bayt.com shall appoint one or more judges where applicable and all judgments relating to winning entries to Competitions shall be made in the sole and absolute discretion of the judges which is final and conclusive in all circumstances: no correspondence or appeal process will be entered into following any such decision.

5.9 Bayt.com reserves the right, in its reasonable discretion, to add to or to waive any Terms on reasonable notice.

5.10 Bayt.com cannot accept any responsibility for any damage, loss, injury or disappointment suffered by you in entering the Competition or as a result of accepting any Prize.

6. Claims to prizes

6.1 In order to enable Bayt.com to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, and all entries must be made available if requested for the checking of such claim. In addition, Bayt.com reserves the right to request proof of identity in the form of your passport or driving licence, and proof of your address in the form of a utility bill. Bayt.com may also carry out an interview in order to validate such claims. Interviews may be by telephone or in person with you and may be recorded. Bayt.com may also ask you to provide an in-studio recording to compare to your on-air win to provide proof of vocal identity. If you refuse to provide any of these details or participate in or answer all questions raised in such an interview without good reason then your place in the Competition may be treated as invalidated and the Prize may be withdrawn.

6.2 If Bayt.com becomes aware of any fraud, deceit, misconduct or similar action during or in relation to a Competition which relates in any way to a claim, then that claim will not be met unless it is proven to the satisfaction of Bayt.com, that you had no actual or imputed knowledge of such fraud or deceit or similar action. For the avoidance of doubt (and without limitation), if you provide an incorrect name, age, address or other incorrect information in relation to the entry, then Bayt.com reserves the absolute right to treat that entry as invalid (whether or not such information comes to light before or after you have made the claim). If the fraud, deceit, misconduct or other action is only discovered after the Prize has been released, you undertake to return the same (or provide compensation) to Bayt.com forthwith upon notification by Bayt.com.

6.3 Failure to claim a Prize in the time or manner specified for the relevant Competition will make any claim invalid. Unclaimed prizes will be deemed to have been forfeited and Bayt.com reserves the right to award the prize at their sole discretion.

6.4 In the event that the prize awarded in any particular Competition is a credit or credits for Bayt.com-provided services, such prizes may only be claimed by a registered company with a valid trade licence.

6.5 Winners of Prizes will be notified within 28 days of the relevant closing date for the Competition.

7. Prizes

7.1 All Prizes are non-transferable and may not be given, assigned or sold to another person. Prizes cannot be exchanged for cash or other alternatives.

7.2 Provided it can provide to you proof of dispatch Bayt.com does not accept any liability for Prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.

7.3 In the event of unforeseen circumstances or circumstances outside Bayt.com's reasonable control, Bayt.com reserves the right to offer an alternative prize of equal value. No cash will be offered in place of non-cash prizes.

7.4 In the event of there being more claims than Prizes available, the name of the valid claimants may go into a draw for the Prizes.

7.5 In the case of prizes in the form of free tickets, ticket holders shall be bound by and comply with the event promoter's terms and conditions together with those set out on the ticket and the rules and regulations of the venue.

8. Cancellation of Entries or the Competition

8.1 You acknowledge that the interests and good reputation of Bayt.com and its business are paramount and Bayt.com may, at its reasonable discretion, withdraw a place or require you to cease to have any involvement in the Competition if it believes it is in the best interests of Bayt.com to do so.

8.2 Bayt.com reserves the right to immediately withdraw your place in the Competition or the Prize if it believes you to be in breach of any of your obligations, or representations and warranties, under the Terms or if you otherwise conduct yourself in a manner which is inappropriate or unsuitable (as determined in the sole discretion of Bayt.com).

8.3 Bayt.com shall be entitled, in its reasonable discretion, to cancel a Competition with immediate effect by announcement on the relevant website without any liability in respect thereof. In this event (and assuming a valid claim has already been made) Bayt.com will use reasonable endeavours to offer an alternative prize at some other time and/or if applicable some other destination, which may be accepted instead by you. If such alternative prize is not accepted (or not made) you shall have no claim against Bayt.com in respect of the cancellation or delay of the Competition or Prize or for any expense or damage whatsoever incurred as a result thereof.

8.4 Bayt.com reserves the right to forfeit your place on the Competition or the Prize (without liability or compensation) if, in its opinion, you may expose yourself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Competition.

8.5 A Competition or specific promotional devices may be declared as void by Bayt.com if such promotional devices contain a printing error, or involve a production or distribution error, of any kind. Promotional devices found to be mutilated, illegible, altered, reconstructed, forged or tampered with in any way will also be declared void by Bayt.com. The Competition may also be declared void should a printing or production error in connection with the Competition appears in any medium.

8.6 Bayt.com reserves the right in its reasonable discretion to (i) disqualify any claimant or entrant whose conduct is contrary to the spirit of these Terms or the intention of the Competition; (ii) declare as void any claims or entries resulting from printing, production or distribution errors (including any errors relating to the description of the Competition in any medium) or where there has been errors in the preparation for or the conduct of the Competition materially affecting the result of the Competition or the number of claims or the value of the claims.

9. Confidentiality

9.1 You undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to Bayt.com, its business, personnel, agents or officers to anyone.

9.2 You may not publicise your involvement in the Competition or the fact that you have won a Prize without the prior written permission of Bayt.com. This written permission can amount to contest guidelines included on Bayt.com.

10. Publicity

10.1 Winners must as a condition of the Prize participate in all required publicity.

10.2 You acknowledge and agree that Bayt.com may publish winners' names, refer to or reproduce winners' entries in whole or part on the Bayt.com website and / or in any related Bayt.com publicity material, and publish the winners' names and/or material on any and all media and make these available on request to third parties.

10.3 All entries that meet the terms and conditions of the competition will be deemed eligible. All eligible entries may be showcased on the Bayt.com website. During the course of the competition, if entries are showcased on the Bayt.com website, entries will be accredited to entrants using the name for accreditation provided at the time of entry. The name for accreditation will default to the entrants Bayt.com username.

10.4 Without limitation to any other rights under this Agreement, Bayt.com shall be entitled to refer to your association with the Competition and the Prize in all publicity, marketing and Competition material in connection therewith.

11. General

11.1 You undertake the Competition and the taking of any Prize at your own risk.

11.2 You agree to indemnify Bayt.com and employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) suffered by Bayt.com arising as a result of a reach by you of your obligations under the Terms or in any way in connection your failure to follow Bayt.com's reasonable instructions with regard to your entry into the Competition or taking of the Prize.

11.3 There is no fee payable to you in respect of your involvement in the Competition.

11.4 In the case of on-line Competitions you acknowledge that the internet is not a secure medium and information submitted to competitions hosted on websites owned or controlled by Bayt.com may be accessed by third parties. Bayt.com accepts no liability for loss resulting from your entry to an online Competition.

11.5 These Terms shall be governed and construed in accordance with the laws of the United Arab Emirates and you and we submit to the exclusive jurisdiction of the Courts of Dubai.

11.6 No variation of these Terms is effective unless approved by an authorised representative of Bayt.com in writing.

11.7 The Terms represent the entire agreement between you and us relating to the Competition or the Prize (unless otherwise expressly confirmed in writing by Bayt.com) and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. The invalidity, illegality, or unenforceability of the whole or any part of these Terms or any specific terms for a Competition published on this website or in any media featuring the Competition does not affect or impair the continuation in force of the remainder of the Terms.

11.8 The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies.

11.9 These Terms are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them.

11.10 If any provision of the Terms are held by any competent authority to be invalid or unenforceable in whole or in part that part shall be severed from other terms and conditions and the validity of the other provisions of the Terms and the remainder of the provision in question shall not be affected.