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1. The "Proudly .uk" promotion (the "Promotion") is being operated by Nominet UK ("Nominet"). These terms and conditions govern the involvement of Nominet’s registrars (the "Registrars") and their resellers in the Promotion and their use of the marketing assets for the Promotion (the "Assets").

2. Registrars who are allowing their resellers to collect entries to the Promotion must bring their resellers’ attention to these terms and conditions and ensure that they agree to be bound by them as if they were a Registrar. Registrars are responsible for ensuring that their resellers comply with these terms and conditions.

THE PROMOTION

3. Registrars must draw the attention of participants in the Promotion (the "Participants") to the promotion terms and conditions (the "Terms"). Where Registrars are integrating entry into the Promotion into their domain name registration systems or domain name management systems, Registrars must prominently display a link to the Terms in an appropriate place within their systems. Registrars must not simply reproduce the entire text of the Terms. Participants must be obliged to indicate that they have read and accepted the Terms prior to submitting an entry to the Promotion.

4. Registrars must not present the Promotion as being run by anyone other than Nominet. The Promotion is not affiliated with or endorsed by the organisers of the events for which tickets are available as prizes and Registrars must not do anything which suggests that such a relationship does exist between Nominet and those organisers.

5. Entries from Participants may only be made following the registration of new .uk domain names or the renewal of an existing .uk domain name registration. Registration or renewal must have occurred between midday BST 3 October 2011 and midday GMT 28 November 2011 (the "Competition Period").

6. Registrars may, at their discretion, choose only to offer entry to the Promotion to either those customers registering new .uk domain names or those customers renewing existing domain names, Nominet will continue to accept entries from any valid entrant via its Promotion microsite, regardless of any Registrar’s policies.

7. Only one entry per domain name is permitted. Any additional entries beyond the first will be rejected by Nominet and will not be eligible for a prize. Registrars must take reasonable steps to inform their customers of this restriction.

8. Registrars must provide Nominet with the following details in relation to each Participant (together, the "Details"):
a.    Participant’s full name;
b.    Participant’s address (for delivery of any prizes won);
c.    Participant’s email address;
d.    The domain name registered by the Participant;
e.    The date on which the domain name was registered; and
f.    The Registrar’s name.

Nominet will deliver any prizes won to the address provided for the winning Participant. Registrars must therefore take reasonable steps to ensure that an appropriate delivery address is collected and provided to Nominet.

9. Registrars must ensure that all personal data processed in relation to Participants is processed in accordance with the Data Protection Act 1998 and that Participants have consented to their personal data being controlled and processed by Nominet, Nominet's Agent or its Registrars in relation to the Promotion.

10. Prize draws will be held weekly based on entries made in each seven day period between midday on Monday and midday on the following Monday, Registrars must ensure that the Details for each entry are forwarded promptly and in any event are received by Nominet no later than 5:30pm on the Monday following the end of each week. Registrars must ensure that the Details for each entry are provided to Nominet in .xls or .xlsx format, with a separate column for each of the Details listed above. These files should be uploaded to the secure "DropBox" service, the details of which will be provided separately to Registrars. Registrars must not keep any personal data collected in relation to the Promotion for any longer than is reasonably necessary in order to transfer it to Nominet, and must not use such data for any other purpose.

11. Participants' data received by Nominet after the deadline for a draw will be entered in the following draw unless the last draw has been made, in which case any entries which have not been received in time for the final draw by Nominet will no longer be eligible for entry in any draw. Registrars must take reasonable steps to ensure that domain name registrants cannot make out-of-time entries to the Promotion once the Competition Period has ended.

USE OF MATERIALS

12. In consideration of agreeing to be bound by the terms of this agreement, Nominet grants Registrars a non-exclusive, royalty-free licence to use the Assets on their websites for the duration of the Promotion. Registrars are not granted any right in this agreement to use Nominet's intellectual property, except as already incorporated in the Assets.

13. Registrars acknowledge that all Assets remain the property of Nominet and all goodwill in the Assets accrues to Nominet. Registrars will not apply to register any intellectual property rights in the Assets in their name. Registrars must not damage Nominet's rights in the Assets and must not use the Assets in a manner which would be detrimental to Nominet's interests, or in a misleading manner.
 
14. Registrars must not distort or alter the materials in any way. Nothing may be added or removed from the Assets, except that the Registrar's own logo may be added to the Assets in the location indicated (provided that the logo is no larger than the area indicated on the Asset). Resellers may not apply their logo to the Assets.

15. Registrars must only use copies of the Assets obtained directly from Nominet. A Registrar may provide a copy of the Assets to their resellers where that reseller has indicated their agreement to be bound by the terms of this agreement. Where a Registrar is providing a copy of the Assets to a reseller, they must be transferred in the same zip file in which they were provided unless the Assets have been altered to add the Registrar's logo under clause 13.

16. Registrars must provide Nominet, on request, details of all web pages on which the Assets are displayed and copies of any of the Assets which have been altered to add the Registrar's logo.

17. Nominet shall have the right to object to any use of, or alteration to, any of the Assets for any reason. Registrars must cease using any Assets where Nominet has objected to the use or alteration of the Assets. Nominet may, but is not obliged to, provide guidance to a Registrar in such circumstances on the steps the Registrar can take to make their use or alteration of the Assets acceptable.

18. Registrars' licence to use the Assets terminates once the deadline for entries to the final prize draw passes on 28 November  2011 or on notice from Nominet, whichever happens first.

19. Registrars must remove the Assets from their websites at the end of the Competition Period, or on earlier written notice from Nominet, or on termination of this agreement pursuant to clause 21.

DEFAULT

20. Registrars must take reasonable steps to promptly rectify any breach of these terms and conditions by either themselves or any of their resellers once they become aware of the breach.

21. Nominet may, at its sole discretion, terminate this agreement for persistent or prolonged breaches of these terms and conditions by the Registrar.

22. Nominet may, at its sole discretion, require a Registrar to terminate their agreements relating to the Promotion with one or more of their resellers for persistent or prolonged breaches of these terms and conditions by those resellers.

GENERAL

23. Registrars must not assign or subcontract this agreement, save to the extent permitted under clause 2.

24. Registrars consent to Nominet naming them on its website and in its promotional materials naming the winners of the Promotion. Nominet will not name any resellers in any such promotional material.

25. No term of this contract shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.

26. This contract shall be governed by, and construed in accordance with, English law and each of the parties irrevocably submits to the exclusive jurisdiction of the English courts except in matters of enforcement of the judgement of an English court where courts more local to the parties may be used.
 
 
 

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