giffgaff Tool hire Terms & Conditions

Terms and Conditions for giffgaff Tools Promotion

There are a number of Terms and Conditions that you’ll need to be aware of. That’s modern life after all. You’ll need to read all of these (no cheating, you’ll have to confirm that you have read them) and you’ll have to agree that you’ll use the Tools in accordance with these terms. You will not misuse the Tools, or use them in any adverse or extreme conditions. You will not misuse or conduct any dangerous activities with the tools, nor use them in the event that they could pose a risk to the health or safety of yourself or others. You will use the Tools with caution and follow any safety instructions provided. You will not film vulnerable people, or members of the public who do not wish to be filmed.

Phew, that’s the summary. Now for the full badboys:

1. Eligibility. In order to participate in this promotion you must be a resident of the United Kingdom, aged 16 or over.

2. Promotion Period. This promotion shall run from 25th November 2009 to 29th January 2010.

3. Entry. You can apply to use a giffgaff Tool on giffgaff.com/tools. The Tools will be delivered to you for you to create a film of yourself using the Tool. Please read the disclaimer provided to you before you sign it and participate in this promotion. You will then need to upload the footage onto YouTube,(complying with their terms & conditions) tag it as ‘giffgaff’. Send us your YouTube link via the ‘Tool Hire’ website and, if approved, giffgaff will send you a Very Important Giffgaffer (V.I.G) SIM. V.I.G SIMs are subject to terms.

4. The “Tools”
4.1. The following Tools are available for hire:
- Film Noir coat
You must not use this Tool:
- if you are (or perceived to be) causing a nuisance or threat to the public;
- to film or follow vulnerable members of the public including children or the elderly;
- in a way that infringes a person’s right to privacy; and/or
- in areas that are not well illuminated or near busy roads or hazardous areas;
- if you have been cautioned by police or other authorities;
- if you do not abide by any relevant rules and restrictions in your surrounding area; and/or
- if you do not use the Tools in accordance with: the instructions provided to you by giffgaff, the ‘Participation Guidelines’ and these terms and conditions.

- Photo Booth
You must not use this Tool:
- if you are (or perceived to be) causing a nuisance or threat to the public;
- to film or follow vulnerable members of the public including children or the elderly;
- in a way that infringes a person’s right to privacy; and/or
- in areas that are not well illuminated or near busy roads or hazardous areas;
- if you have been cautioned by police or other authorities;
- if you do not abide by any relevant rules and restrictions in your surrounding area; and/or
- if you do not use the Tools in accordance with: the instructions provided to you by giffgaff, the ‘Participation Guidelines’ and these terms and conditions.

- Gimp
You must not use this Tool:
- if you are (or perceived to be) causing a nuisance or threat to the public;
- if you have been cautioned by police or other authorities;
- if you do not abide by any relevant rules and restrictions in your surrounding area;
- in any way that would cause danger or harm to yourself or the Tool;
- to carry out activities that the Tool does not agree to participate in; and/or
- if you do not use the Tools in accordance with: the instructions provided to you by giffgaff, the ‘Participation Guidelines’ and these terms and conditions.

- Poo handler
You must not use this Tool:
- If you suffer from allergies or have a sensitivity to certain materials;
- if you are (or perceived to be) causing a nuisance or threat to the public;
- if you do not use the sanitising products after use of the Tools;
- if you do not use designated disposal or activity areas;
- if you do not wear suitable clothing or footwear;
- in areas that are not well illuminated or near busy roads or hazardous areas;
- if you have been cautioned by police or other authorities;
- if you do not abide by any relevant rules and restrictions in your surrounding area; and/or
- if you do not use the Tools in accordance with: the instructions provided to you by giffgaff, the ‘Participation Guidelines’ and these terms and conditions.

- Caricature Artist
You must not use this Tool:
- if you are (or perceived to be) causing a nuisance or threat to the public;
- to film or follow vulnerable members of the public including children or the elderly;
- in a way that infringes a person’s right to privacy;
- if you accept cash payments from the public for your use of the Tools;
- in areas that are not well illuminated or near busy roads or hazardous areas;
- if you do not use the sanitising products after use of the Tools;

- if you have been cautioned by police or other authorities;
- if you do not abide by any relevant rules and restrictions in your surrounding area; and/or
- if you do not use the Tools in accordance with: the instructions provided to you by giffgaff, the ‘Participation Guidelines’ and these terms and conditions.

- Cuddle Monster
You may not use this Tool to:
- if you are (or perceived to be) causing a nuisance or threat to the public;
- if you suffer from allergies or have a sensitivity to certain materials;
- to film or follow vulnerable members of the public including children or the elderly;
- in a way that infringes a person’s right to privacy;
- if you do not wear suitable clothing or footwear;
- if you have been cautioned by police or other authorities;
- if you do not abide by any relevant rules and restrictions in your surrounding area; and/or
- if you do not use the Tools in accordance with: the instructions provided to you by giffgaff, the ‘Participation Guidelines’ and these terms and conditions.

- Happy Feet
You may not use this Tool:
- if you are (or perceived to be) causing a nuisance or threat to the public;
- if you suffer from allergies or have a sensitivity to certain
- if you do not use designated disposal or activity areas;
- if you do not wear suitable clothing or footwear;
- in areas that are not well illuminated or near busy roads or hazardous areas;
- if you have been cautioned by police or other authorities;
- if you do not abide by any relevant rules and restrictions in your surrounding area; and/or
- if you do not use the Tools in accordance with: the instructions provided to you by giffgaff, the ‘Participation Guidelines’ and these terms and conditions.

- Human Hand Drier
You may not use this Tool:
- If you are under 18 years of age;
- if you are (or perceived to be) causing a nuisance or threat to the public;
- if you do not use the sanitising products after use of the Tools;
- if you do not use designated disposal or activity areas;
- if you accept cash payments from the public for your use of the Tools;
- to film or follow vulnerable members of the public including children or the elderly;
- in a way that infringes a person’s right to privacy; and/or
- if you have been cautioned by police or other authorities;
- if you do not abide by any relevant rules and restrictions in your surrounding area; and/or
- if you do not use the Tools in accordance with: the instructions provided to you by giffgaff, the ‘Participation Guidelines’ and these terms and conditions.

- Karaoke busker
You may not use this Tool:
- If you are under 18 years of age;
- if you are (or perceived to be) causing a nuisance or threat to the public;
- ifyou do not use designated disposal or activity areas;
- if you accept cash payments from the public for your use of the Tools;
- if you are not in well illuminated areas or near busy roads or hazardous areas;
- if you have been cautioned by police or other authorities;
- if you do not abide by any relevant rules and restrictions in your surrounding area; and/or
- if you do not use the Tools in accordance with: the instructions provided to you by giffgaff, the ‘Participation Guidelines’ and these terms and conditions.

- Roller Hockey Action Man
You may not use this Tool:
- if you are (or perceived to be) causing a nuisance or threat to the public;
- you do not use designated activity areas;
- if you are not supervised;
- if you do not wear suitable clothing or footwear, including protective clothing;
- in areas that are not well illuminated or near busy roads or hazardous areas;
- if you have been cautioned by police or other authorities;
- if you do not abide by any relevant rules and restrictions in your surrounding area; and/or
- if you do not use the Tools in accordance with: the instructions provided to you by giffgaff, the ‘Participation Guidelines’ and these terms and conditions.

- Musical bicycle
You may not use this Tool:
- If you are under 18 years of age;
- if you are (or perceived to be) causing a nuisance or threat to the public;
- if you do not wear suitable clothing or footwear, including protective clothing;
- in areas that are not well illuminated or near busy roads or hazardous areas;
- without being supervised;
- if you have been cautioned by police or other authorities;
- if you do not abide by any relevant rules and restrictions in your surrounding area; and/or
- if you do not use the Tools in accordance with: the instructions provided to you by giffgaff, the ‘Participation Guidelines’ and these terms and conditions.

4.1.1. For a full description of the Tools, visit www.giffgaff.com/tools. Tools may only be used for the purposes of this promotions by the hirer and may not be passed to third parties for use. Age restrictions may apply to some Tools (such as the Karaoke busker and Human hand drier, which are only available to over 18s) .

4.2. Tools are subject to availability. You are not guaranteed to receive the Tool you have requested. If the Tool you have requested is unavailable, you may leave your email address with giffgaff so that we can notify you if it becomes available.
4.2.1. You are not permitted to misuse the Tools or the Tools may be confiscated from you at any time.
4.3. giffgaff may stop you from using the Tools at any time.

5. Participation Guidelines
5.1. You must not behave in any way that is:
5.1.1. racist, sexist or homophobic;
5.1.2. pornographic, obscene, profane or vulgar;
5.1.3. defamatory of any person, entity or organisation;
5.1.4. abusive, threatening or otherwise likely to be harmful to those persons likely to use the giffgaff site;
5.1.5. in contravention of any relevant local, national or international law or which incites or encourages the contravention of any such law;
5.1.6. infringing of an individual’s right to privacy;
5.1.7. a nuisance;
5.1.8. otherwise offensive in the opinion of giffgaff
5.1.9. infringing of the rights (including the intellectual property rights) of any legal or natural person; or
5.1.10. related to the conduct of a business other than giffgaff
5.2. You should use the Tools in accordance with your limitations. Do not use the Tools in adverse or extreme conditions (including without limitation, adverse weather conditions), or in the event that they could pose any risk to the health or safety of yourself or others. Misuse and other dangerous activities involving the Tools (e.g. acrobatic stunts, speeding, etc.) are not permitted and may result in harm to yourself or to others.
5.3. Please use with caution and follow any safety instructions provided. All injuries and potential hazards should be reported to giffgaff immediately. Please contact hello@giffgaff.com if you have any questions regarding your use of the Tools.
5.4. If you are cautioned or asked to refrain from using the Tools by an authority or member of the public, you are required to stop immediately with out resistance.
5.5. If you witness or suspect any activity relating to this promotion infringes the above guidelines, or if you wish to make a complaint, please report it to giffgaff immediately on hello@giffgaff.com.

6. Video clips;
6.1. Any video clips submitted or uploaded shall be subject to YouTube terms and conditions which can be viewed at www.youtube.com/t/terms
6.2. You are required to obtain signed forms as provided to you by giffgaff, from all participants who are in your video clip. Failure to do so will render your entry void.
6.3. The person who carries out the filming must wear the provided tabards notifying the public that filming is taking place, at all times during filming.
6.4. You are not permitted to film:
6.4.1. members of the public who do not wish to be filmed; or
6.4.2. vulnerable members of the public, including minors.
6.5. giffgaff reserves the right to use your video clips for future promotional purposes.
6.6. Once submitted for the purposes of this promotion, video clips shall become the property of giffgaff, and may be used in whole or in part for promotional purposes.
7. You and the individual filming your activity agree that giffgaff exclusively owns the intellectual property rights in any creative material submitted by you in connection with this promotion (and you agree to take all such actions and to execute all such documents, including but not limited to an assignment of all future rights in and to your intellectual property rights, as may be necessary to enable giffgaff to obtain, defend or enforce its rights to use the intellectual property rights in the material, and shall not do or fail to do any act which would or might prejudice giffgaff’s rights).
7.1. For the avoidance of doubt, this shall apply to any submissions you make in the ‘Submit Your Tool’ section).
8. The Prizes:
8.1. We will reward hirers who have filmed and uploaded a video edit of them completing everything that is asked of them in the ‘Nitty Gritty’ of each tool hire. We need to get some damn good films up on the site, so if your video is really pants or offensive in any way, (at the discretion of giffgaff), we may not reward you with a V.I.G. SIM card.
8.2. The Very Important Giffgaffer (V.I.G.) SIM cards provide unlimited UK calls, texts and data for 1 year. Full terms around the V.I.G. card can be viewed at http://giffgaff.com/boiler-plate/terms
8.3. At the end of the promotion, giffgaff will decide on 5 winners. Judging will be based on the following criteria:
8.3.1. Highest number of views on YouTube;
8.3.2. Funniest, as voted by the giffgaff community;
8.3.3. Highest rating, as voted by the giffgaff community;
8.3.4. Most tweeted by the Twitter community;
8.3.5. Best use of the tool, as voted by giffgaff
8.4. Winners will receive a cash prize of £5,000 each.
8.5. Prizes are subject to availability. giffgaff reserves the right to provide substitute prizes of equivalent value should the prize no longer be available.
8.6. No cash or credit alternatives shall be offered. The prize is conditional upon the winner’s acceptance. In the event that the winner does not accept the prize within a reasonable period of time, giffgaff may offer the prize to an alternative participant.
8.7. The winner(s) may be required to participate in publicity connected with this promotion and it is a condition of entry that the winner(s) agree to their name and country of residence being made publicly available if they win.
8.8. giffgaff’s decision is final and no correspondence will be entered into.

9. Return of the Tools
9.1. Tools must be returned to giffgaff at the end of the hire period..
9.2. Failure to return Tools may result in giffgaff not permitting you to participate in the promotion.

10. Lost/Stolen or Damaged Tools
10.1. If the Tools are returned in damaged, unclean and/or defective state except where due to fair wear and tear and/or an inherent fault in the Tools you shall be liable to pay giffgaff for the cost of any repair and/or cleaning required to return the Tools to a condition fit for re-hire.
10.2. You will pay to giffgaff the replacement cost of any Tools which are lost, stolen and/or damaged beyond economic repair during the hired period, less the amount paid to giffgaff under any policy of insurance taken out in accordance with these conditions.

11. Limitation of Liability
11.1. Any defective Tools must be returned to the giffgaff for inspection if requested by giffgaff before giffgaff or Albion Brand Communications Ltd (“Albion”) will have any liability for defective Tools.
11.2. giffgaff and Albion shall have no liability to you for additional damage, loss, liability, claims, costs or expenses caused or contributed to by your continued use of defective Tools after a defect has become apparent or suspected or should reasonably have become apparent to you.
11.3. You shall give giffgaff or Albion a reasonable opportunity to remedy any matter for which they are liable before you incur any costs and/or expenses in remedying the matter itself. If you not do so giffgaff and Albion shall have no liability to you.
11.4. giffgaff and Albion shall have no liability to you for any:-
11.4.1. consequential losses (including loss of profits and/or damage to goodwill);
11.4.2. economic and/or other similar losses;
11.4.3. special damages and indirect losses; and/or
11.4.4. business interruption, loss of business, contracts and/or opportunity.
11.5. Nothing in these terms shall exclude or limit the Liability of giffgaff or Albion for death or personal injury due to giffgaff or Albion’s negligence nor exclude or limit any other type of liability which it is not permitted to exclude or limit as a matter of law.
These terms are between giffgaff and the tool hirer, however Albion shall be entitled to enforce the provisions of clause 11

12. If any provision of these terms and conditions is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.
13. giffgaff reserves the right to suspend, cancel or amend the promotion and/or review and revise these terms and conditions at any time without giving prior notice and by continuing to take part in the promotion subsequent to any revision of these terms and conditions, entrants shall be deemed to have agreed to any such new or amended terms.
14. This promotion is governed by the laws of England.
15. The promoter is giffgaff limited, Wellington Street, Slough, Berkshire SL1 1YP. Registered in England and Wales: 4196996. Albion Brand Communications Ltd is based at Unit 1.03 The Tea Building, 56 Shoreditch High Street, E1 6JJ and is registered in England and Wales: 04475371