Terms and Conditions

Members Magazine Photography Competition Terms and Conditions

The Membership Magazine Photography Competition is organised by Historic Environment Scotland (“HES”) and Think Publishing Limited (“Think Publishing”).

HES and Think Publishing will collect some personal data from you when you enter the competition. This will be restricted to the entrant’s full name and contact details and membership number so that we may contact the winner and send the winner their prize, as well as determine their eligibility to enter the competition. When contacting the winner, we will also request your postcode or county to allow HES to comply with its legal obligations set out in condition 6.5 and 6.6. You can see more about how we manage your personal data in our competition’s Privacy Notice.

When you enter this competition, you agree to the following terms and conditions.

1. The Promoters

The Promoters of this competition are:

(i) Historic Environment Scotland (“HES”), an executive non-departmental public body, incorporated and established under the Historic Environment Scotland Act 2014, being a registered charity (Scottish Charity number SC045925) and having its principal office at Longmore House, Salisbury Place, Edinburgh, EH9 1SH; and

(ii) Think Publishing Limited, a limited company incorporated in England and Wales with company registration number 03817566 and whose registered office is at 20 Mortimer Street, London, W1T 3JW (“Think Publishing”);

together, HES and Think Publishing are “the Promoters”.

2. The Competition

2.1. These terms and conditions apply to the “Membership Magazine Photography” competition running in the HES membership magazine and promoted on HES’s websites and social media channels, specifically Facebook, Twitter and Instagram (“the Competition”).

2.2. The opening date for Competition entries is 9am on 31 August 2023. Entries must comply with the conditions set out in condition 4 and any entries that do not comply (in the sole opinion of HES) will be disqualified.

2.3. The Competition will close on 23 November 2023 at 5pm (“the Closing Date”). Entries must be received by HES in accordance with condition 2.4 no later than 5pm on the Closing Date. Entries received after the Closing Date will be automatically disqualified.

2.4. Entries must be submitted to HES by sending an email to hesphotocomp@thinkpublishing.co.uk. Any entries submitted to HES in any other manner or medium will be disqualified from the Competition. One entry per person is permitted, however that entry may have up to a maximum of three images.

2.5. The Promoters accept no responsibility for entries not successfully completed due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.

2.6. The entries will be judged by a panel of experts the week commencing 4 December 2023 and will be judged on their visual interest and impact. The judging panel shall be made up of one member of HES’s staff and one member of Think Publishing’s staff. One winner will be chosen and shall receive the Prize (as defined in condition 5 below). The decision of the judges is final. 2.7. For help with entries please contact HES on 0131 668 8895 or marketing@hes.scot.

2.8. By submitting a Competition entry, you are agreeing to be bound by these terms and conditions.

3. Eligible Entrants

3.1. An “Entrant” is a person submitting an entry – an image - to the Competition.

3.2. The Competition is not open to employees of the Promoters or their immediate family.

3.3. The Competition is only open to Historic Scotland members.

3.4. Entrants must be over 18 years old and resident in the United Kingdom.

3.5. In entering the Competition, the Entrant confirms that they are eligible to do so and eligible to claim a Prize (as defined in condition 5 below). HES may require the Entrant to provide proof that they are eligible to enter the Competition.

4. Entries

4.1. The Competition will have one category – Best Photograph.

4.2. To enter the Competition Entrants must submit a digital image - as a JPEG or PNG file - that captures a HES property. The Entrant should also provide a short description of the image, including where the photograph was taken in their email submission, together with their name and contact details and membership number.

4.3. Entries cannot be returned so please remember to retain a copy.

4.4. Entries should not include images of people, from which a person can be identified, unless the Entrant has obtained the permission of the person shown in the image prior to submitting the image as part of this Competition.

5. The Prizes

5.1. The winning Entrant will receive (i) one-year free Historic Scotland membership; and (ii) a Digital Olympus camera.

5.2. No Prize is transferable or exchangeable and cannot be taken as cash.

5.3. All Prizes are supplied by the Promoters.

6. Notification of winning entry

6.1. The winning entry shall be selected by the judging panel in accordance with conditions 2.6.

6.2. The winner will be notified by email on 11 January 2024 that they are a winner and will be advised of the procedure for receiving their Prize. The winner will also be advertised in the Spring HES Membership Magazine and on HES social media channels unless the winner advises HES that they do not wish their name to published in the HES Membership Magazine and on HES social media channels.

6.3. If the winner is unable to be contacted after reasonable attempts, HES will be entitled to select a new winning entry in accordance with condition 2.6.

6.4. The Prize may not be claimed by a third party on behalf of the winner.

6.5. The Promoters must either publish or make available information that indicates that a valid award took place. To comply with this obligation HES will send the surname and county of the winner to anyone who emails marketing@hes.scot or writes to the address set out in condition 1 for HES (enclosing a self-addressed envelope) within one month after the Closing Date of the Competition.

6.6. If you object to either or both of your surname and county being published or made available, please contact the Marketing Team, Historic Environment Scotland, Longmore House,

Salisbury Place, Edinburgh, EH9 1SH, telephone: 0131 668 8603 or email: dataprotection@hes.scot. In such circumstances, HES will not provide the information to members of the public, but must still provide the information and winning entry to the Advertising Standards Authority (“ASA”) on request by the ASA, to comply with our legal obligation to do so.

7. Data protection

7.1. As part of submitting an entry, Entrants are required to submit certain personal details, including their name, address and email address and membership number.

7.2. The Promoters will comply with the Data Protection Act 2018 and the UK General Data Protection Regulation when collecting and otherwise processing personal data in connection with this Competition. Any such personal data will be processed in accordance with the HES competition privacy notice.

8. Consents and copyright

8.1. The entry must be an original photograph by the Entrant. By entering this Competition, each Entrant, warrants and represents to the Promoters that they have obtained all necessary third-party consents or permissions relating to any entries submitted to the Competition.

8.2. Entrants must be the sole author and owner of copyright in all entries entered by them into the Competition. By entering this Competition, each Entrant warrants and represents to the Promoters that any entries submitted to the Competition do not infringe the rights of any third parties, including, without limitation, copyright.

8.3. Ownership of copyright in each entry will remain with the Entrant. In consideration of entering the Competition, each Entrant grants to HES a worldwide, non-exclusive, irrevocable and royalty-free licence for five years to distribute, communicate to the public and/or reproduce each entry (including but not limited to publishing entries on HES’s websites and/or social media channels and in the HES Membership Magazine), all in connection with the Competition.

9. Publication of entries

9.1. A selection of entries may be featured in the HES Membership Magazine and on HES’s websites and/or social media channels, specifically Facebook, Twitter and Instagram, all in connection with the Competition.

9.2. Where an entry is published by HES in accordance with condition 9.1, the Entrant of such entry will be credited unless they request not to be.

10. Removal or disqualification of entries

10.1. HES reserves the right to disqualify any Entrants that breach these Terms and Conditions or any entries that, in the sole opinion of HES, are in any way obscene, violent, abusive, discriminatory, defamatory, fraudulent or otherwise unlawful or would damage the reputation of the Promoters. 10.2. Where condition 11.1 applies, HES shall remove any affected entries from the Competition and shall remove such affected entries from HES’s websites or social media channels (where such entries have been published).

11. General

11.1. These Competition Terms and Conditions are governed by the laws of Scotland. By entering into this Competition, each Entrant agrees to submit to the exclusive jurisdiction of the Scottish courts.

11.2. HES reserves the right to cancel this Competition at any time. HES reserve the right to amend these terms and conditions without notice by posting changes to HES’s website. HES will only notify Entrants of changes if we are required to do so by law.

11.3. Insofar as is permitted by law, the Promoters will not in any circumstances be responsible or liable to compensate any Entrant or accept any liability for any loss, damage, personal injury or death occurring as a result of entering into the Competition or taking up a Prize except where it is caused by the negligence of the Promoters or that of its employees. Your statutory rights are not affected.