Bupa

Summary Terms & Conditions:

Worldwide, 18+ only. Visit BupaPictureOfHealth.com, submit your details and upload your photo and caption that represents your “Picture of Health”, in compliance with the Eligible Submission Guidelines to have your submission displayed as part of the “Picture of Health” online gallery (the “Promotion”). You must obtain prior written approval for featured individuals and from the photographer (if you are not the photographer). By submitting your photo and caption, you agree to the inclusion, publication, reproduction and/or other use of your submission as part of the “Picture of Health” online gallery on BupaPictureofHealth.com (“Online Gallery”), and the promotion of Bupa Investments Limited of 1 Angel Court, London, EC2R 7HJ (“Promoter”), and its services in any other form or media. Internet access & valid email address required. The promotion is being run with the support of the Promoter’s external creative PR agency: PrettyGreenThings Limited, whose registered address is at 3rd Floor Paternoster House, 65 St Paul's Churchyard, London, EC4M 8AB, with registered company number 06594155 (“PrettyGreen”).

IF YOU CHANGE YOUR MIND AND NO LONGER WISH TO PARTICIPATE IN THIS PROMOTION, AND THEREFORE WOULD LIKE YOUR PHOTO AND CAPTION TO BE REMOVED FROM THE “PICTURE OF HEALTH” ONLINE GALLERY, PLEASE EMAIL [email protected] STATING YOUR NAME, DATE OF SUBMISSION AND REQUEST TO REMOVE IN THE SUBJECT LINE. PRETTYGREEN WILL THEN REMOVE YOUR PHOTO AND CAPTION AS SOON AS REASONABLY POSSIBLE.


Full Terms & Conditions

INTRODUCTION

These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Submission instructions are deemed to form part of the Terms and Conditions and by participating, all participants will be deemed to have accepted and be bound by the Terms and Conditions. Please retain a copy for your information.

  1. This Promotion is open to anyone aged 18 or over, excluding those who are professionally associated with this Promotion.
  2. No purchase necessary; however, internet access, device with camera, and a valid email address are required.
  3. Promotion Period: Participate from 00:01 BST on the 21.05.24 , following which the Promotion will continue indefinitely until the date on which the Promoter announces the end of the Promotion.
  4. How to Participate:Visit BupaPictureOfHealth.com and complete the steps below to have your photo and caption displayed as part of the Online Gallery:
    1. Complete the online form to provide your details (name and email address) and upload your photo that represents your “Picture of Health” along with a supporting caption (Max 20 words). The photo must be in compliance with the Eligible Participation Guidelines stated in Clause 8 below;
    2. Click to accept these Terms & Conditions;
    3. Read and click to accept PrettyGreen’s [and the Promoter’s] Privacy Policy;
    4. Click to confirm that your photo and supporting caption can be used in relation to the Promotion of the Promoter and its services, including being displayed as part of the Online Gallery; and
    5. Click submit.
  5. Eligible Participation Guidelines:
    1. The photo uploaded must be in the PNG or JPEG file format, and the photo size is a maximum file size of 5mb and a minimum of 1,200 pixels either width or height.
    2. Participants confirm that they own all title, right and interest in and to the copyright in any photo they submit to the Online Gallery, or, where they do not own all title, right and interest in and to the copyright, that they have obtained the prior written consent to submit the photo to the Online Gallery from the copyright owner.
    3. Group photos can be submitted, however participants must obtain prior written approval from any other people in the photo, and from the next of kin of any deceased individuals featured, before submitting it to the Online Gallery.
    4. Where a participant submits a group photo featuring those under the age of 18 (“Minor/s”) and/or incapacitated person/s, participants must obtain prior written approval from a person who is the parent or the legal guardian for that Minor/s and/or incapacitated person/s. PrettyGreen may require proof of this to be produced by the participant.
    5. Participants hereby waive their moral rights, and confirm they have procured the waiver of any moral rights of any third parties, in any photo they submit to the Online Gallery.
    6. Participants must only upload photos that do not infringe or violate the rights of any third party, including but not limited to, ownership, copyrights, trademarks, patents, logos, licensing rights, rights of publicity or privacy or any other intellectual property rights or any other requirements of applicable legislation.
    7. Participants must not disparage the Promoter, or any other person or party affiliated with the Promotion.
    8. Submissions must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libellous.
    9. Submissions must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
    10. By submitting a photo, each participant grants the Promoter and PrettyGreen a sub-licensable, worldwide, royalty-free licence to use the copyright and other intellectual property rights vesting in the submission (comprising the photo and supporting caption text submitted with it) for all purposes connected with this Promotion, including but not limited to: display on any of the Promoter’s websites or social channels (including the Online Gallery); in any publicity, advertisement or case study carried out by or on behalf of the Promoter in any manner or medium whatsoever, including print, broadcast or the internet, and any other website of the Promoter or its agents/contractors/sub-licensees choosing; and use of the submission, or part(s) of the submission, in marketing materials relating to this Promotion. Such licence will commence on the day that the relevant submission is made, and will continue until the date falling 60 days from (and including) the date on which a request for withdraw of the content from the Online Gallery is received in writing by the relevant participant in accordance with the process set out in these Terms and Conditions (please see Clause 6(c) below for details).
    11. Each participant grants the Promoter, PrettyGreen, and either of their agents/contractors/sub-licensees/assignees, the right to moderate, edit, create derivative works, modify or remove any submission in the Promoter’s or PrettyGreen’s (or either of their agent’s, contractor’s, sub-licensee’s, or assignee’s) sole discretion, in whole or in part, for any use licensed in Clause 5(j) above including display on the Online Gallery or in any materials relating to the Promotion of the Promoter and its services.
    12. By submitting a photo, each participant confirms that neither themselves or any individual contained in the photos has been convicted or is currently facing, a criminal conviction.
    13. Participants must not use artificial intelligence to create their submission/photo. Photos identified or suspected to be created by any form of artificial intelligence will be disqualified.
  6. Our Rights:
    1. The Promoter, PrettyGreen and their agents/contractors/sub-licensees will have content usage rights over any photo submitted.
    2. PrettyGreen reserves the right to make changes to submissions to make them suitable for the Online Gallery. This may include, but is not limited to: converting to black and white, sharpening, cropping, resizing, or rotating.
    3. If you change your mind and no longer wish to participate in this Promotion, and therefore would like your photo and caption to be removed from the Online Gallery, please email [email protected] stating your name, date of submission and REQUEST TO REMOVE in the subject line. PrettyGreen will then remove your photo and caption as soon as reasonably possible.
    4. PrettyGreen reserves the right to remove or refuse to post any submissions which do not comply with the Eligible Submission Guidelines of the Online Gallery. PrettyGreen has the right to reject your submission but you may have the opportunity to re-submit your photo and caption, using the guidelines provided, and if so, you will be informed of this via the email address used on your submission. This is a decision PrettyGreen will strive to make fairly, but ultimately it is a decision that is solely up to PrettyGreen to make.
    5. The Promoter and PrettyGreen reserve the right to:
      1. Take any action with respect to any submission that we deem necessary or appropriate in our sole discretion if we believe that such submission violates the Terms & Conditions, including the “Eligible Submission Guidelines”, infringes any intellectual property right or other right, threatens the personal safety of users of this website and the public or could create liability for the Promoter or PrettyGreen or their agents/contractors or sub-licensees;
      2. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of this website when we determine law enforcement is the proper and appropriate means for addressing the offending use; and
      3. Terminate your access to all or part of this website for any violation of these Terms & Conditions.
    6. You waive, and hold harmless the Promoter and all associated agencies from, any claims resulting from any action taken by the Promoter during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Promoter or law enforcement authorities.
  7. Moderation:PrettyGreen reserves the right to reject submissions which, in the reasonable opinion of PrettyGreen:
    1. are in breach of the Terms & Conditions;
    2. contain any content that is offensive, harmful, objectionable or which is otherwise unsuitable for publication including with respect to race, religion, origin or gender, or which could reflect negatively upon the name, reputation or goodwill of the Promoter or any brand partner;
    3. contains or refers to any unauthorised third-party brand or reference any third-party names, logos and/or trademarks;
    4. promotes any political agenda;
    5. contain defamatory, malicious, indecent or other inappropriate content including sexist or racist language or imagery;
    6. include the names, likenesses, photographs or similar of any individual without their express permission;
    7. contain immoral or obscene behaviour;
    8. condone or encourage violent or anti-social behaviour;
    9. cause offence on the ground of religion, gender, sexual orientation, nudity, disability or age;
    10. represent a danger to health and safety or cause fear or distress; or
    11. contains any AI image generated content.
  8. No responsibility can be taken for submissions which are lost, delayed, corrupted, damaged, misdirected or incomplete or which cannot be delivered for any technical, delivery or other reason. Proof of sending will not be accepted as proof of receipt. The Promoter does not guarantee continuous or secure access to BupaPictureOfHealth.com.
  9. All personal data supplied for this Promotion will be used for the purpose of this Promotion by the Promoter, PrettyGreen and/or by any agent appointed by it to assist with running the Promotion and will not be disclosed to an unconnected third party unless your positive consent has been obtained. Your personal data will be handled in accordance with:
    1. PrettyGreen’s privacy policy, available at: itsprettygreen.com/privacy-policy
    2. The Promoter privacy policy, available at: https://www.bupa.co.uk/legal-notices/privacy-and-cookies
  10. The Promoter and its associated agencies and companies are not liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion (JS14467), except for any liability which cannot be excluded by law. Nothing will exclude the Promotor’s liability for death or personal injury as a result of its negligence.
  11. The Promoter will not be liable for any delay or failure to comply with its obligations,, for reasons beyond its reasonable control arising from but not limited to Acts of God, global or regional epidemic or pandemic, adverse weather conditions, fire, industrial dispute, strike, war, terrorist activity, hostilities, political unrest, riots, civil commotion, plague or other natural calamities, or any other circumstances.
  12. If any part/s of these Terms & Conditions are legally ruled to be invalid, illegal or unenforceable, the remainder will not be affected and will continue in full force and effect.
  13. By participating, you will be deemed to have agreed to be bound by these Terms & Conditions.
  14. If there is a discrepancy between these Terms & Conditions and those in any promotional material, these Terms & Conditions will prevail.
  15. These Terms and Conditions shall be governed by the law of the relevant country for each entrant, and entrants submit to the exclusive jurisdiction of the courts of the relevant country they reside in.


Promoter: Bupa Investments Limited, 1 Angel Court, London, EC2R 7HJ.