Terms and Conditions
These Terms and Conditions (“Terms") govern the use by the Users of the Service and Content located at www.cmypitch.com ("the Website") by Users. Please read these Terms carefully and ensure that you have understood them. By clicking on the button marked “I Accept” or by viewing or Using any part of the Website, you warrant that you understand and accept these Terms. If you do not agree to these Terms, please cease use of the Website immediately.
For the avoidance of doubt, the General Conditions under Section A shall be applicable to all Users of the Service and the Website. If you are a Registered User or a Subscriber in accordance with the terms herein, the applicable Special Conditions set out herein shall apply in addition to the General Conditions.
SECTION A: General Conditions
The following words and expressions shall have the following meanings:
“Advertisement” means any information relating to the Subscriber including without limitation, Subscriber’s corporate profiles in any written, audio or visual files (in generally accepted format) which have been created and produced by the Subscriber for promotional and advertising purposes and which forms part of the Chargeable Service and is more particularly set out on http://cmypitch.com/pitches/new_channel_and_type.
"Charges" means the charges payable to us in respect of the provision of the Chargeable Service and Subscription, which as set out in http://cmypitch.com/pitches/new_channel_and_type
“Chargeable Service” means in respect of the Subscriber, having access to certain features and functionalities on the Website for a specific duration including without limitation the ability to create, produce and/or upload the desired Pitch, Advertisement, access to the Pay Per Lead Services and any other services deemed chargeable by us which are more particularly described on the Website and in accordance with the Subscriber’s Subscription;
"cmypitch.com" means cmypitch.com Limited, a company registered in England and Wales with company number 6405782, whose registered office is at Unit 23 (3), The Coda Centre, 189 Munster Road, Fulham, SW6 6AW;
"Content" means the Pitch, the Entrepreneur TV, the Advertisement and any and all information (in all format) created by the Subscriber, submitted to and/or published by cmypitch.com on the Website including, without limitation, audio files, visual files, emails, messages, word documents, excel spreadsheet, presentations, business descriptions, advice of all nature and Registered User’s and Subscriber Profiles;
“Contract” means the contract between cmypitch.com and you either as a Non Registered User, a Registered User or a Subscriber the relevant and applicable Service and which incorporates these Terms;
“Effective Date” means the earlier of the date on which a Registered User clicks on the “I Accept” button or the date on which the Non Registered User first views or Uses any part of the Website;
“Entrepreneur TV” means the video (in all format) created and produced by cmypitch.com and published on the Website, and which for the avoidance of doubt, shall be made accessible to the Non Registered User, Registered User and Subscriber;
“Featured Listing” – a video enabled Profile on the cmypitch.com Business Directory that forms part of the Chargeable service and entitles the Subscriber to a priority ranked listing on cmypitch.com Business Directory.
“Intellectual Property Rights” means all intellectual property rights including without limitation, performer’s reproduction rights, performer’s distribution rights, performer’s rental rights and performer’s lending rights (collectively referred to as “Performer’s Property Rights”), patents, utility models, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in databases, trade secrets and know-how and in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;
“Leads” means the contact details and any other business-related information provided to Subscribers of the Pay Per Lead Service component of the Chargeable Service; Any contact made directly by a website User through a Registered User or Subscriber’s Profile does not constitute part of the Pay per Lead Service;
“Network” means the electronic communications network used by us to provide the Service;
“Non Chargeable Service” means the services (or part thereof) accessible to the Non Registered User, the Registered User and the Subscriber without charge or any other services deemed non chargeable by us which are made available on the Website;
“Non Registered User” means a person who is not registered with cmypitch.com as a Registered User and/or Subscriber and to whom cmypitch.com has granted access to (i) view and Use the Website; and (ii) Use certain features and functionalities of the Non Chargeable Service as described on the Website;
“Pay Per Lead Service” means in respect of a Subscriber, having access to the Leads in accordance with the terms set out herein and which is more particularly set out on www.cmypitch.com
“Pitch” means the video file (in generally accepted format) created and produced by the Subscriber and which is available on the Website and forms part of the Chargeable Service;
“Premium Listing” – a listing on the cmypitch.com Business Directory that entitles the registered member to a video enabled Profile and forms part of the Non Chargeable Service.
"Profile" means information, including without limitation, the name, address and company details relating to the Registered User and the Subscriber (which may or may not be fully accessible by other Registered Users and Subscribers) held by cmypitch.com and published on the Website;
“Purpose” means to copy, display, distribute, retain for archiving purposes, publish for publicity and marketing purposes and create any derivate works from the Content;
“Registered User” means a person who is registered with cmypitch.com and has access to all features and functionalities of the Non Chargeable Service which are more particularly described on the Website and under Section B herein;
“Service” means the Chargeable Service, the Non Chargeable Service and any other ancillary services which may be made available by cmypitch.com to the Registered Users, Non Registered Users and Subscribers to the Website;
“Subscriber” means a Registered User who has paid the Charges in accordance with the terms herein and has access to the Chargeable Service in accordance with its Subscription and which are more particularly described on the Website and set out in Section C;
“Subscription” means the applicable subscription packages of the Chargeable Service made available to the Subscriber as more particularly described on the Website;
"Terms" means in respect of each of the Non Registered User, the Registered User and the Subscriber, the terms and conditions set out herein;
“Us” or “We” means cmypitch.com, its employees, agents, representatives and subcontractors;
"Use" means having access to the relevant and accessible Service (including where applicable, the Subscription) as a Non Registered User, Registered User or Subscriber and “Using” shall be construed accordingly;
"Website" means www.cmypitch.com; and
“You”, “you”, “Your” or “your” means, where applicable, the Non Registered User, the Registered User and the Subscriber.
2. Information about Us
2.1 The Website is owned and managed by cmypitch.com and/or its nominated representatives.
2.2 cmypitch.com may be contacted by writing to Unit 23 (3), The Coda Centre, 189 Munster Road, Fulham, SW6 6AW or by email at [email protected]
3.1 You must be eighteen (18) years old or over to Use the Website.
3.2 You may access certain features and elements of the functionalities of the Non Chargeable Services as a Non Registered User.
3.3 In the event you wish to access all the features and functionalities of the Non Chargeable Service, you shall be required to register your details with cmypitch.com for no charge.
3.4 If you wish to have access to the Chargeable Service and all features and functionalities of the Non Chargeable Service in accordance with the applicable Subscription, you shall be required to register your details with us as a Subscriber.
3.5 By Using the Website and the Service, you warrant that you have the right, authority and capacity, in respect of your status as a Non Registered User, Registered User or a Subscriber to enter into and be bound by these Terms.
4. Formation of the contract between You and cmypitch.com
4.1 The date of commencement of your Contract with us shall be determined as follows:
4.1.1 where you are a Non Registered User, then upon your first use of the Website; or
4.1.2 where you are a Registered User, then upon the registration of your details with us,
and such Contract shall be effective and in force until terminated by either party in accordance with clause 10 herein.
4.2 In the event you elect to register as a Subscriber, the terms relating to the provision of the applicable Chargeable Service as set out in Section C shall be effective on the date we receive payment of the Charges therefor.
4.3 Notwithstanding the foregoing, we reserve the right at our sole and absolute discretion and for whatever reason to:
4.3.1 accept or reject your application as a Registered User and/or Subscriber; and
4.3.2 refuse you access to the Service (in part or in whole).
5.1 Subject to clause 10 and unless otherwise expressly set out to the contrary in these Terms, our Contract with you shall remain in force:
5.1.1 where you are a Non Registered User, for the duration in which you Use the Website; or
5.1.2 where you are a Registered User, for the duration of your registration with us; or
5.1.3 where you are a Subscriber, for a period as set out in the applicable Subscription.
6. Our Obligations to You
6.1 We will use our reasonable endeavours to make the Service and any additional service that we agree to provide available to you at all times, but we cannot guarantee an uninterrupted or fault free service.
6.2 Notwithstanding the foregoing, cmypitch.com has the sole and absolute discretion to accept, modify, edit, vary, re-format or reject the Contents submitted to it by the Registered User and Subscriber for the publication of such Contents on its Website.
6.3 Our ability to provide the Service may be impaired by conditions or circumstances that are beyond our control, including, without limitation third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of your personal computer operating system and the number of other Non Registered and Registered Users logging onto the Website, server and Network at the same time.
6.4 The Network is not controlled by cmypitch.com and may from time to time be upgraded, modified, subject to maintenance work or otherwise amended by the owner of the Network. Such circumstances may result in the Service being temporarily unavailable. cmypitch.com will take reasonable action to minimise the disruption caused by such circumstances, but some such interruptions may not be avoidable.
6.5 We reserve the right to make changes to the Chargeable Service, Non Chargeable Service and the Website or part thereof, from time to time, provided that such changes have no material adverse effect on the quality of the Service provided to you and we may from time to time add, remove, modify and/or vary any elements of features and functionalities of the Service.
6.6 cmypitch.com also reserves the right from time to time to monitor your Use of the Services.
7. Your Obligations, Responsibilities and Warranties to Us
7.1 You shall comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Service in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations.
7.2 You hereby warrant and undertake to us that you have the legal capacity to enter into these Terms and you shall at all times:
7.2.1 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the Network;
7.2.2 not re-sell, promote for resale the Service or engage in any other similar activities;
7.2.3 comply with reasonable instructions issued by us from time to time relating to the Service;
7.2.4 co-operate with any reasonable security or other checks or requests for information made by us from time to time;
7.2.5 not use the Service and/or not do anything that will infringe any Intellectual Property Rights or other rights of any third parties, including posting anything on the Website which may be deemed obscene, defamatory, libellous or slanderous, or which may cause injury to, invade the privacy of or otherwise violate other rights of any person;
7.2.6 not use any information obtained using the Service otherwise than in accordance with these Terms;
7.2.7 contact our Customer Service immediately by emailing us at [email protected] immediately if you suspect fraudulent, unlawful or illegal use of the Service;
7.2.8 shall notify cmypitch.com immediately of any circumstances where any Intellectual Property Rights or any other rights of any third party may have been infringed; and
7.2.9 strictly comply with such fair and acceptable usage policy as we have in operation from time to time and available on our Website;
7.2.10 use the information retrieved from the Service and the Website at your own risk and that you shall be solely responsible for any illegal conduct, infringement of any third party intellectual property rights and/or any breaches in any applicable laws and legislations; and
7.2.11 shall fully indemnify cmypitch.com against any and all losses and damages suffered by cmypitch.com as a result of a breach of the warranties and undertaking herein.
7.3 Subject always to the provisions in clause 7.2, where you Use the Service as a Registered User or a Subscriber, you undertake:
7.3.1 to provide to us true, correct and accurate information;
7.3.2 to promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate;
7.3.3 not to submit postings of whatsoever nature on the Website which is or may be construed to:
• promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harass or advocate harassment of another person;
• display pornographic or sexually explicit material of any kind;
• promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
• promote any illegal activities including but not limited to violating someone else’s privacy or providing or creating computer viruses; and
• solicit password or any other personally identifying information from other Users for unlawful and illegal purposes.
7.4 We may provide you with login details to access the certain features and functionalities of the Non Chargeable and Chargeable Services. You shall keep your login details confidential and secure. Without prejudice to our other rights and remedies, we reserve the right to promptly disable your login details and suspend your access to the Service (in part or in whole) in accordance with clause 10 if we have reason to believe that you have breached this clause 7.4.
7.5 For the avoidance of doubt, as a Non Registered User, Registered User or Subscriber of the Service, you shall at all times be fully liable for the breach of any of these Terms by using a third party using your login details to access the Service.
7.6 Subject to clause 10, cmypitch.com reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the terms set out in this clause 7.
8. Intellectual Property and other Proprietary Rights
8.1 Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from cmypitch.com to you, any Intellectual Property Rights owned by and/or licensed to cmypitch.com and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with cmypitch.com and/or its licensors.
8.2 Unless otherwise expressly set out to the contrary and where applicable, all Intellectual Property Rights in the Content shall remain exclusively with you and/or your licensors.
8.3 You are expressly prohibited from:
8.3.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website;
8.3.2 removing, modifying, altering or using any registered or unregistered marks/logos owned by cmypitch.com; and
doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website or could be considered an infringement any of the intellectual property rights owned and/or licensed to cmypitch.com without first obtaining the written permission of the owner of the intellectual property.
8.4 Notwithstanding the foregoing, you hereby agree to indemnify cmypitch.com against all actions, claims proceedings, damages, costs and expenses arising from any actual or alleged infringement of Intellectual Property Rights in or breach in the use by cmypitch.com of the Content.
9.1 Subject to clause 8.4, you hereby grant cmypitch.com an exclusive, perpetual, non-terminable, transferable, sub-licensable and royalty-free licence in to use the Intellectual Property Rights in the Content for the Purpose.
9.2 Save for all moral rights vested in the Advertisement which shall not be waived in accordance with this clause 9.2, you hereby unconditionally and irrevocably waive all moral rights attaching to the Content pursuant to Chapter IV of Part I of the Copyright, Design and Patents Act 1988 and any similar or corresponding rights.
9.3 You hereby consent to the use and exploitation by cmypitch.com of all the Intellectual Property Rights owned by you pursuant to Part II of the Copyright, Design and Patents Act 1988.
9.4 You hereby agree that cmypitch.com
9.4.1 may, upon obtaining prior consent from you (such consent not to be unreasonably withheld), refer to you in any of its marketing material as a customer of cmypitch.com and refer to the type of services that Cmypitch.com has provided to you; and
9.4.2 may, in respect of the Pitches, use any of your trademarks in cmypitch.com’s marketing and publicity materials for its publicity and marketing purposes.
10. Our rights to terminate and suspend the provision of the Service
10.1 We may suspend or terminate the Services:
10.1.1 if the Network owner ceases to make the Network available to us;
10.1.2 if we believe that you or someone using your login details has failed to comply with one or more of these Terms; or
10.1.3 if we believe that there has been fraudulent use, misuse or abuse of the Service;
10.1.4 if we believe that you have provided us with any false, inaccurate or misleading information; or
10.1.5 if we believe you are in the business of re-selling, promoting the Services for resale or if you are otherwise engaged in other similar activities.
10.2 If your Service has been terminated, your access to the Services (in whole or in part) as a Non Registered User, a Registered User or a Subscriber shall cease.
11.1 The Content on the Website may include facts, views, opinions, advice and recommendations from other Registered Users and Subscribers of the Service which are not endorsed by cmypitch.com. cmypitch.com shall to the maximum extent permitted by law excludes all liability on account of the accuracy, correctness, defamatory nature, completeness, timeliness or otherwise of all information published or made available to you on the Website including without limitation the Content.
11.2 All information published on the Website including without limitation the Content, is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action. Your use and reliance on the Content on the Website shall be at your own risk and cmypitch.com shall not be liable whatsoever for any damages and loss which you may incur as a result of or in connection with your use and reliance of such Content.
12. Warranties, Liabilities and Indemnities
12.1 cmypitch.com cannot guarantee and does not promise any specific results from your Use of the Website. Unless expressly provided to the contrary in these Terms and to the maximum extent permitted by law, cmypitch.com excludes all representations, warranties, obligations and liabilities in connection with the information provided on the Website, including but not limited to warranties of satisfactory quality, merchantability, non-infringement of Intellectual Property Rights, accuracy, completeness, reliability, fitness for a particular purpose or otherwise.
12.2 To the maximum extent permitted by law, cmypitch.com shall not be liable for any loss, injury or damage caused in whole or part by, or failures, delays, interruptions or otherwise of, the provision of the Service; and shall not be liable for any direct, indirect, consequential, incidental, liquidated or special losses, loss of profits, loss of management time or damages, loss of investments (financial or otherwise) arising out of, or relating to the use, inability to use, or reliance of the information provided through the Service on the Website or any decision of whatsoever nature made or action taken in reliance or partial reliance on the information provided through the Service on the Website.
12.3 In the event that you have a claim or right of action against any other Non Registered User, Registered User or Subscriber arising from their Use of the Service, you agree to pursue such claim or action independently of and without any demands from cmypitch.com, and you fully and completely release cmypitch.com from all claims, liability and damages arising from or in any way connected to such claim or action.
12.4 In the event that a claim or action is brought against cmypitch.com arising from your activities or Use of the Service and/or the Website, including any breach by you of these Terms or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend cmypitch.com in such claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow cmypitch.com to assume the exclusive defence and control of the matter.
12.5 Links to third party websites may appear on the Website. Such third party websites are not the responsibility of cmypitch.com and cmypitch.com accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.
13.1 cmypitch.com is committed to protecting (i) your privacy; and (ii) the confidentiality of the information provided to it by you in the course of your Use of Service and the Website.
13.2 cmypitch.com is the data controller of your data submitted using the Website. cmypitch.com is registered under the Data Protection Act 1998 (“DPA”) and cmypitch.com complies with the DPA in all our dealings with your personal data.
13.3 When Using the Website, you hereby consent to cmypitch.com processing your personal data to the extent necessary to facilitate the provision of the Service and to enable cmypitch.com to operate the Website for the purposes for which it is reasonably intended to be operated.
13.4 Cmypitch.com reserves the right to gather information relating to your Use of the Service and the Website. By using the Website you consent to the collection and use of this information.
14.1 cmypitch.com may alter or amend our terms and conditions by giving reasonable notice. By continuing to Use the Website after expiry of the notice period, you will be deemed to have accepted any amendment to these terms and conditions. If, on receipt of such notice, you wish to terminate your agreement with cmypitch.com you may do so by giving cmypitch.com not less than 7 (seven) day's notice, such termination to take effect on the date upon which the amended terms and conditions would otherwise have come into effect.
14.2 These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms.
14.3. These Terms do not create any rights under the Contracts (Rights of Third Parties) Act 1999 ("Act") which are enforceable by any person who is either not a party to them or who is not a provider of the relevant goods and/or services.
14.4 You may print and keep a copy of these Terms, which form the entire agreement between you and cmypitch.com and supersede any other communications or advertising with respect to the Website.
14.5 No delay in exercising or non-exercise by you and/or cmypitch.com of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or cmypitch.com’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.
14.6 If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.
14.7 cmypitch.com shall not incur any liability to any User on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of cmypitch.com. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.
SECTION B: Special Conditions for Registered Users
B1. Your Non Chargeable Service
B1.1 In consideration for your registration with us and your compliance with these Terms, we shall use our reasonable endeavours to provide you with access to all the features and functionalities of the Non Chargeable Service as set out at www.cmypitch.com.
B1.2 You may opt to, subject to the terms herein and in accordance with the instructions set out on the Website, participate as a Lead in our Pay Per Lead Service. If you choose to be a Lead in accordance with this Section B1.2, you hereby consent to our use of your business contact details and any information thereof for the purposes of providing the Pay Per Lead Service to our Subscribers. For the avoidance of doubt, any remuneration for your participation in the Pay Per Lead Service is entirely at our sole and absolute discretion.
B1.3 You are entitled to, subject to the terms herein, upgrade your Registered User status to become a Subscriber of the Chargeable Service.
B2. Your rights to terminate the Service
B2.1 You may cancel your registration with us at any time by sending us an email at [email protected] with the subject line deregister with your login details.
B3. Additional Warranties and Exclusion of Liabilities
B3.1 Where you are a Registered User and wish to access to “Find Funding” functionality or any other functionalities reasonably determined by us for the purposes of this clause B3.1, you hereby warrant that you are a self-certified investor or a sophisticated investor for the purposes of the Financial Services and Markets Act 2000 (Financial Promotion and promotion of Collective Investment Schemes) (Miscellaneous Amendments) Order 2005 and that any investments (financial or otherwise) made by you using the Service are entirely at your own risk and liabilities.
SECTION C: Special Conditions for Subscribers
C1. Your Chargeable Service
C1.1 In consideration for the payment of the Charges in accordance with the terms herein, we shall use our reasonable endeavours to provide you with your specific Subscription, details of which shall be accessible by you at www.cmypitch.com.
C1.2 In the event you opt to subscribe to the Pay Per Lead Service you shall be notified by email when a Lead which reasonably matches your preference becomes available. You may accept such Lead by following the instructions set out either in the email notice or on the Website. For the avoidance of doubt, access to a Lead shall be limited to the first three (3) Subscribers who accept the Lead. We therefore do not warrant or guarantee the availability of and access to all Leads notified to you.
C1.3 For the avoidance of doubt, upon the expiration or termination of your Subscription in accordance with clause 10 or Section C4, you shall continue to be a Registered User for the purposes of accessing the Service and shall continue to have all access to the features and functionalities of the Non Chargeable Service and be bound by the applicable provisions herein.
C2. Payment for the Chargeable Service
C2.1 You shall pay for such Chargeable Service in advance using your credit card, debit card, or any other acceptable method of payment, as set out on the Website. We reserve the right to withhold or cease provision of the Chargeable Service where payment has not been received.
C2.2 On payment of the relevant Charges in accordance with your Subscription, you hereby agree and consent to the immediate commencement of the performance of the Chargeable Service by us such that on payment of such relevant Charges, you can immediately access the Chargeable Service using the Website.
C2.3 Subject to the provisions of the Terms herein, you agree and acknowledge that due to the nature of the Chargeable Services, the Charges shall be non-refundable and that any request for refund of such Charges shall be at our sole and absolute discretion.
C3. Additional Warranties and Exclusion of Liabilities
C3.1 You hereby warrant that:
C3.1.1 at the time when the Pitch and/or the Advertisement was or is created, you were or will be a “qualifying person” for the purposes of s. 154 of the Copyright, Designs and Patents Act 1988 and shall remain so qualified for the duration of your Subscription; and
C3.1.2 the Intellectual Property Rights in the Content (or part thereof) is owned by and/or licensed to you and you have the right to use the Intellectual Property Rights in the Content in respect of and in contemplation of the Services herein.
C4. Your rights to terminate the Service
C4.1 If you are a Subscriber, you may terminate the Service by giving us not less than thirty (30) days prior notice to cmypitch.com at [email protected]
COMPETITION GENERAL TERMS AND CONDITIONS
IMPORTANT - READ CAREFULLY
These Competition Terms are a legal agreement between you (the “Entrant”) and cmypitch.com Ltd of Unit 23 (3), The Coda Centre, 189 Munster Road, Fulham, London, SW7 6AW (“cmypitch.com”). By entering the Competition, you agree to be bound by these Competition Terms. If you do not agree, DO NOT enter the Competition.
1. The Competition is organised by cmypitch.com.
2. These terms and conditions (“Competition Terms”) apply to the Competition to win the Prize (the “Competition”), which is included on the website located at cmypitch.com (the “Website”). By entering the Competition, the Entrant agrees to be bound by these Competition Terms.
3. cmypitch.com reserves the right to cancel or amend the Competition or these Competition Terms at any time without prior notice. Any changes shall be posted within these Competition Terms and published on the Website. A copy of the Competition Terms may also be obtained by sending a stamped addressed envelope to: Cmypitch.com Ltd, Unit 23 (3), The Coda Centre, 189 Munster Road, Fulham, London SW7 6AW.
4. In the event of any dispute regarding the Competition Terms, conduct, results and all other matters relating to a Competition, the decision of cmypitch.com shall be final and no correspondence or discussion shall be entered into.
5. The Competition is open to all individuals, who are residents of the UK, and who are aged 18 and over.
6. Employees, and the agents, family members and households of such employees, of cmypitch.com or any other company involved in the Competition (including any company involved in creating the Website) or any such company’s parent or subsidiary companies, are not eligible to enter the Competition. cmypitch.com reserves the right to verify the eligibility of the Entrant.
7. The method of entry into the Competition and the closing date for entries shall be as set out in the specific terms relating to that Competition (“Competition Info”).
8. By entering the Competition, the Entrant hereby warrants that all information submitted by them is true, current and complete and that they have legal capacity to enter the Competition and agree to the Competition Terms.
9. The Entrant hereby warrants that the information that they submit shall not infringe the intellectual property rights, privacy or any other rights of any third party, and shall not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. If relevant, cmypitch.com reserves the right, but not the obligation, to screen, filter and/or monitor information provided by the Entrant and to edit, refuse to distribute or remove the same.
10. cmypitch.com accepts no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.
11. cmypitch.com shall not return any Competition entry.
12. cmypitch.com reserves the right to disqualify the Entrant if it has reasonable grounds to believe the Entrant has breached any of these Competition Terms.
13. The winner shall be selected in the manner and on the date set out in the Competition Info.
14. In the event that the winner is disqualified from the Competition, cmypitch.com in its sole discretion shall decide whether an alternative winner shall be selected. In the event that cmypitch.com decides to select an alternative winner, such further winner shall be selected in the same manner as the original winner.
15. The winner shall be notified by email at [email protected].
16. The winner shall respond to the notification to confirm acceptance of the Prize within 5 days of such notification being sent by cmypitch.com. Return of any prize notification as undeliverable or failure to reply to the notification within 5 days of such notification being sent by cmypitch.com may result in disqualification and selection of an alternative winner.
17. Prizes are awarded at cmypitch.com’s discretion and the Prize shall not be awarded as a result of improper actions by or on behalf of the Entrant.
18. The winner’s name may be published on the Website or a list of winners may be obtained by submitting a request in writing to Competition Prize Winners, Cmypitch.com Ltd, Unit 23 (3), The Coda Centre, 189 Munster Road, Fulham, London SW7 6AW including a self-addressed stamped envelope.
19. The winner shall receive the prize set out in the Competition Info (the “Prize”) or such other prize of equal value as cmypitch.com shall, in its sole discretion, select.
20. There is no cash alternative to the Prize stated.
Intellectual Property Rights
21. cmypitch.com is a trade mark of cmypitch.com.
22. cmypitch.com accepts no liability for any damage, loss, injury or disappointment suffered by the Entrant as a result of the Entrant entering the Competition or as a result of accepting the Prize. cmypitch.com shall not be liable for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer or mobile telephone related to or resulting from the Entrant entering the Competition or as a result of accepting the Prize. Nothing shall exclude cmypitch.com’s liability for death or personal injury as a result of its negligence.
Data Protection and Publicity
23. Winners may be requested to take part in promotional activity and cmypitch.com reserves the right to use the names and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity.
24. Any personal data relating to the Entrant shall be used solely in accordance with current UK data protection legislation and shall not be disclosed to a third party without the individual’s prior consent.
25. These Competition Terms shall be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English Courts to settle any dispute arising hereto.
26. All defined terms shall have the meanings set out in the Terms, unless otherwise set out in these Competition Terms.
cmypitch.com Ltd: COMPETITION Terms and Condiditons.
1) “Most Innovative UK Company” Award
If you think your business stands out, deserves recognition for innovation and has an annual turnover of more than £1m, The Supper Club and cmypitch.com would like to invite you to make a pitch for a chance to win the Most Innovative UK Company Award and a prize money of £5,000.
2) Entry Requirements
To enter this Competition, you must comply with the following entry requirements:
· your business must be a company registered in and currently operating in the United Kingdom;
· company must have an annual turnover of more than £1 million;
· you must create a Pitch in accordance with the Entry Guidelines which is accessible here.
· you must complete and submit the Application Form available on our website; and
· you must submit the £10 entry fee along with your Pitch and the Application Form (the “Entry”) in accordance with the Entry submission guidelines before the Closing Date.
· You may be requested to provide evidence that you comply with the entry requirements by way of a certified auditors letter.
You are only limited to only one Entry per company.
All entry fees shall be donated to The Princes Trust 18 Park Square East, London, NW1 4LH. Registered Charity 1079675.
You will increase your chances of winning the Competition if your Pitch includes a video pitch in addition to any text submissions.
cmypitch.com is offering a free video production service for a 2 minute Pitch exclusively for this Competition to the first 10 companies that contact us before August 22 2008 at [email protected].
3) Submission of Your Entry
To submit your Entry, you shall be required to upload your Entry on the cmypitch.com website and follow the instructions set out on the website.
4) The Date on which the Winner will be chosen.
The winner will be chosen on Friday 19th December 2008 and announced the following week (22 - 26 December 2008.)
5) The Criteria for Judging Entries
The winner will be chosen by the public casting their votes on the website combined with the most number of views.
The Entry with the most number of ratings and the highest average rating will be the winner of this Competition. Your family, friends and business contacts can log onto our website and vote for you by rating your Entry!
To cast your vote, you will need to register on our website at www.cmypitch.com or click here and follow the instructions.
6) Closing Date
The closing date for submission of Entries is Monday 15th December 2008.
7) The Prize
The winner will receive £5,000.