The big night in webpages: terms of use

Terms of Use

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TERMS OF USE FOR THE BIG NIGHT IN WEBPAGES

WEBSITE

These terms apply to your use of The Big Night In webpages on our website. Please note that the webpages are intended to be used by those who live in the UK and who are 18 and over.

WHO ARE WE?

The Sites are operated by Charity Projects (operating as Comic Relief) (“Comic Reliefwe” or “us”) for The Big Night In (“The Big Night In”), which is a joint initiative between Comic Relief and BBC Children in Need. 

Comic Relief is a charity registered in England & Wales with number 326568 and in Scotland with number SC039730, and a company limited by guarantee registered in England with number 1806414, with registered office at 89 Albert Embankment, London, SE1 7TP. 

BBC Children in Need is a charity registered in England and Wales (no. 802052) and in Scotland (no. SC039557) and a company limited by guarantee (no. 04723022), with registered address at Bridge House, Media City UK, Salford, M50 2BH.

If you’d like to get in touch about The Big Night In, you can do so here.

OUR AGREEMENT

By using the Sites you accept and agree to comply with these terms. We may amend these terms at any time by updating the text of this page, so please check back regularly.

In these terms, “Sites” means our webpages www.donation.bignightin.tv(opens in new window)  and any other webpage we may own or operate for The Big Night In from time to time.

YOUR PRIVACY

These terms also refer to The Big Night In Privacy Policy, which also applies to your use of the Sites.

THE SITES

The Sites are operated by Comic Relief for The Big Night In. They are made available free of charge, and we do not guarantee that our Sites, or any Content, will be secure, free from bugs or viruses, available or uninterrupted, or that the Content is accurate, complete or up to date. We may update and change our Sites from time to time. We may suspend or withdraw or restrict the availability of all or any part of the Sites for business and operational reasons.

CONTENT

In these terms, "Content" shall mean all content on our Sites, including all information, graphics, trademarks, logos, branding, designs, text, photos, films, sounds, software and applications.

The Content on our Sites is provided for general information and entertainment only. It is not intended to be advice on which you should rely.

The Sites and all the Content on it, including all intellectual property rights included in the Sites and Content, are owned by Comic Relief or BBC Children in Need (or our licensors and Content providers). All rights in the Content are reserved to their respective owners, unless expressly stated otherwise. You may print, download and use Content, but only for your personal use or to share with others in order to raise awareness about The Big Night In. In doing so, you must acknowledge Comic Relief and BBC Children in Need (or any identified contributors) as the authors of the Content.

RESTRICTIONS

You must not:

  • Use any Content for personal gain, for any commercial purpose, to advertise or sell any products or services, to promote a business, or in any way which damages Comic Relief’s or BBC Children in Need’s reputation, takes advantage of it, or suggests any form of association, approval or endorsement by Comic Relief or BBC Children in Need;

  • Modify any Content you print or download in any way; use any illustrations, photographs, video or audio sequences or any graphics on our Sites separately from any accompanying text;

  • Use any Content or our Sites in any way that breaches applicable law or regulation;

  • Frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) on our Sites without our express written consent;

  • Copy, transmit, store or distribute any part of our Sites or any Content, unless we have expressly indicated that you may do so;

  • Transmit any data, send or upload any material that contains viruses, Trojan horses, worms, spyware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

  • Interfere with or attempt to gain unauthorised access to our Sites, the server on which our Sites are stored or any server, computer or database connected to our Sites; or

  • Collect or use any personal details from our Sites.

You may use the Sites as permitted by these terms. Your right to use the Sites will terminate automatically without notice if you breach or do not comply with any of these terms. You must not use the Sites for any illegal purpose. We may also terminate your right to use any Sites at any time at our sole discretion.

Unless explicitly permitted under applicable mandatory law, you must not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Sites, whether in whole or in part, or create any derivative works from or of the Sites.

You warrant that you will comply with the above provisions, and you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage Comic Relief or BBC Children in Need suffer as a result of your breach of this warranty.

In addition, if you fail to comply with these provisions, your right to use our Sites will end immediately and you will be required, at our option, to return or destroy any copies of the material you have made. We may report any such breach of these provisions to the relevant authorities and we will co-operate with those authorities by disclosing your identity to them. Any action that we take is without prejudice to any of our accrued rights.

CONTRIBUTIONS

In these terms, "Contribution(s)" means anything that you send to us, including any photographs, video or audio clips.

Any Contributions you send us will be considered non-confidential and non-proprietary. You grant to us the following rights to use those Contributions:

  • A perpetual, royalty-free, worldwide, non-exclusive right to use, reproduce, edit, distribute, prepare derivative works of, display, and broadcast the Contributions in any media, for any purpose and to sub-licence any Contributions. You consent to the use of your first name and town in connection with the use of your Contribution, and the promotion of your Contribution on our Sites;

  • You grant to third parties (being BBC Children in Need, and the partners, broadcasters and suppliers of Comic Relief and/or BBC Children in Need) a perpetual, royalty-free, worldwide, non-exclusive right to use, display and broadcast the Contributions in connection with the use of the Sites, and to promote the Sites and The Big Night In, and in accordance with the functionality of the Sites; and

  • You waive all ‘moral rights’ in the materials (‘moral rights’ are described in the Copyright, Designs and Patents Act 1988) to allow the above uses.

You must have all the necessary rights to submit your Contributions. This includes having the permission from everyone in a picture or video (for those aged under 18, permission must be from their parent or legal guardian). Contributions must not be defamatory, discriminatory, indecent or abusive, political, offensive, objectionable or otherwise inappropriate, and must not infringe any person’s intellectual property or privacy rights.

You warrant that any such Contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Comic Relief has the right to disclose your identity to any third party who is claiming that any Contributions you make constitute a violation of their intellectual property rights, or of their right to privacy, or otherwise as Comic Relief may deem to be appropriate.

If you do not wish to grant us these rights, please do not upload, send or otherwise provide your Contribution to our Sites or to Comic Relief. We and/or BBC Children in Need may require you to sign a release form in respect of your Contribution.

To the fullest extent permitted by law, Comic Relief expressly disclaims all liability in connection with any Contributions made by users of our Sites wherever it may appear

INTELLECTUAL PROPERTY CLAIMS

We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us.

LIMITATION OF LIABILITY

PLEASE READ CAREFULLY. Neither Comic Relief nor BBC Children in Need (or their respective  group companies (if applicable), officers, trustees, employees and agents) shall  be liable or responsible for any claim, loss, damage, costs and expenses of any nature (including without limitation for any direct, indirect, incidental, special, punitive, or consequential damages whether resulting from breach of contract, negligence or any other cause of action) arising in connection with our Sites or your use of them (including, without limitation, for any viruses, bugs, trojan horses or other contamination resulting from use of our Sites, for any interruption or delays to the use of the Sites or for any errors, omissions or inaccuracies in any Content). Nothing in these terms of use shall exclude or limit any liability for death or personal injury arising from negligence, our fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited by law.

You agree that you are solely responsible for your use of our Sites, and that to the fullest extent permitted at law, neither Comic Relief, BBC Children in Need or their respective  officers, trustees, employees and agents do not make any representations and do not give any warranties, express or implied, concerning our Sites and the Content. In particular, we do not warrant or represent that the Sites or the Content is virus-free.

THIRD PARTY WEBSITES

The Sites may contain links to websites operated by parties other than Comic Relief or BBC Children in Need. Such links are provided for your convenience only and should not be interpreted as approval by us of those linked websites or information on them. Neither Comic Relief nor BBC Children in Need are responsible for the content of any third party websites linked to or from the Sites.

GENERAL PROVISIONS

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. If any provision of these terms of use is deemed to be invalid by a court of competent jurisdiction, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Any failure or delay by us in asserting any of its rights or of any provision of these terms of use shall not constitute a waiver of such right or provision.

GOVERNING LAW AND JURISDICTION

These terms shall be governed by and construed in accordance with English Law. You agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

DONATIONS

If you donate to The Big Night In, please understand that, under Charity law, we are not permitted to offer any refunds of your donation except in very limited circumstances. Please contact us if you experience any issues with this or wish to discuss. 

GIFT AID

If you’re paying in a personal donation, pay UK tax, and tick the Gift Aid box, Comic Relief and BBC Children in Need can claim an equal share of an additional 25p in Gift Aid from the Government, for every £1 you donate. Please give your full name and home address, and tick the box when requested or we can’t claim Gift Aid. 

You must be a UK taxpayer and you understand that if you pay less Income Tax and /or Capital Gains Tax in the current tax year than the amount of Gift Aid claimed on all your donations it is your responsibility to pay any difference. Please get in touch if you want to find out more.

Comic Relief and BBC Children in Need are not an accounting, taxation or financial advisor, and you should not rely on information given on this site to determine the accounting, tax or financial consequences of making a donation towards The Big Night In or submitting the Gift Aid declaration. You should consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.

GIVE WITH CONFIDENCE

DIRECT MARKETING ASSOCIATION (DMA)

Comic Relief is a member of the Direct Marketing Association (DMA), the body responsible for driving high standards in direct marketing through self-regulation.

As a member of the DMA, we agree to adhere to the Direct Marketing Code of Practice(opens in new window)(opens in new window) in relation to The Big Night In, as well as to our regular charitable activity. This commitment to the highest standards of marketing and best practice means that our advertising and marketing is responsible, reliable and respectful.

For more information about the DMA, please visit www.dma.org.uk(opens in new window)(opens in new window)

FUNDRAISING REGULATOR

Comic Relief and BBC Children in Need are both registered with the Fundraising Regulator, and committed to following the Fundraising Promise and Code of Fundraising Practice.

In relation to The Big Night In, Comic Relief and BBC Children in Need adhere to the Fundraising Promise(opens in new window)(opens in new window), which commits us to the highest standards of fundraising good practice, ensuring that our fundraising is legal, open, honest and respectful. Further, we are committed to following the Code of Fundraising Practice(opens in new window)(opens in new window), which outlines the standards expected of all charitable fundraising organisations across the UK.

If you would like more information about the Fundraising Regulator, or wish to refer a fundraising complaint to them, please visit the website(opens in new window)(opens in new window).

FUNDRAISING DOS AND DONTS

If you are fundraising for The Big Night In Appeal, thank you! We and BBC Children in Need want to ensure you stay safe and legal – please take a moment to read the following guidelines and information before you start:

  • In these unprecedented times it is imperative that all fundraisers follow government social distancing guidelines when taking on any kind of fundraising activity. You can find the full guidelines here(opens in new window).

  • All challenges such as virtual runs, cycles and other physical should be done in a safe manner and, if possible, supported by a member of your household. Further guidance on Health and Safety can be found via the Institute of Fundraising here(opens in new window).

  • All fundraising proceeds must be paid in via The Big Night In JustGiving Pages or via the online donation page(opens in new window) for The Big Night In. You must ensure all fundraising money collected for The Big Night In is paid in as soon as possible after the event.

  • House to house collections are not permitted as they are against current government guidelines, and Comic Relief and BBC Children in Need are not authorised to fundraise in this way. In order to remain as safe as possible we recommend you do not participate in any activity that requires physical collection of cash.

  • You understand that it is your responsibility to organise all aspects of any fundraising activity and you shall comply with any instructions or guidance provided by Comic Relief or BBC Children in Need. 

  • If anyone under 18 is involved in the fundraising in any way, please make sure that they have permission from their parent or guardian and are properly supervised by a responsible adult. Under 18s should never promote their fundraising online to people they don’t know. 

  • Please make sure any fundraising materials such as fundraising emails or virtual posters include the line: ‘In aid of The Big Night In Appeal, a joint initiative of the registered charities Comic Relief and BBC Children In Need’. 

  • Your fundraising materials must not suggest that you represent, or have been authorised or endorsed by, Comic Relief or BBC Children in Need; only that you are fundraising in aid of of The Big Night In Appeal.

  • If you would like to use the ‘In Aid of’ logo for The Big Night In Appeal for fundraising, please get in touch here.

  • Unless otherwise agreed, you will be responsible for any costs, taxes or expenses incurred or arising in connection with your fundraising activity.

  • Please get in touch if you’re planning on fundraising for The Big Night In Appeal in the course of a business, or if you’re planning to fundraise for any other charities on top of Comic Relief and BBC Children in Need (for The Big Night In) through the same fundraising activity.

  • Please get in touch if you have any questions about your fundraising, or if you’re planning any fundraising activity that will involve young people or vulnerable adults.

  • If you are planning any type of lottery (such as a raffle, tombola or sweepstake), please be aware that there are strict rules about what you can do. For England, Wales and Scotland, the Gambling Commission publishes useful guidance on lotteries at gamblingcommission.gov.uk. In Northern Ireland, the Northern Ireland Council for Voluntary Action publishes a good practice guide at nicva.org.

  • All personal data held by us will be handled in accordance with applicable privacy laws- the Privacy Statement for The Big Night In can be found here.

  • If you provide photographs or videos taken during your fundraising activity that may be used by Comic Relief and BBC Children in Need for marketing or fundraising purposes, we will ask you to enter a release form or other similar documentation before any materials are used by us.

 RESPONSIBILITY:

• You will take all reasonable precautions to protect the health and safety of all those participating in or involved with your activity. 

• You accept that any risks arising out of your fundraising activity are your responsibility, including any liability for any injury which may occur to you or your helpers.

  • You will comply with any applicable laws and regulations relating to your fundraising activity, including obtaining any necessary licences, consent or permissions.

• You acknowledge that neither Comic Relief or BBC Children in Need carry insurance policies to cover your fundraising activity. You should always consider whether you need appropriate insurance cover for your fundraising activity.

• You will not do anything that threatens the reputation or name of The Big Night In, Comic Relief or BBC Children in Need. If you do, Comic Relief and BBC Children in Need have the right to ask you to stop your fundraising activity immediately.