WIN SIX TRIPS AROUND THE WORLD IN 2020

Sometimes, the world can feel like a dark and dreary place; our feeds filled with bad news, uncertainty and stress. We can find ourselves walking beneath an immense and dismal cloud.

But what if we chose to focus only on the good; to switch up our attitude and hone in on happiness instead? And what if we went in search of it? That’s what Every Cloud is all about – remembering that every dark cloud has a silver lining. So let’s start the search.

WHAT WILL I WIN?

If you win our competition, you’ll receive a Black Tomato ticket to travel across the world on six occasions during 2020. You’ll document your encounters with some of the world’s most unique – and unquestionably positive – people, places and experiences. We’ll be helping you along the way, translating your encounters into inspiring stories that we’ll communicate to the world through our #EveryCloud campaign.

 

HOW DOES IT WORK?

Once you arrive at your destination, you’ll work with our local contacts and in-house production team, documenting a single place, person or experience which heaps you with happiness. It might be a shaman in the mountains, an unseen sunrise, an animal migration, a potter, a painter or a musician. The fun is in finding out.

You’ll document your journey, your encounters and reactions, which we’ll turn into engaging and emotional stories for our #EveryCloud audience. Ultimately, you’ll change. Though #EveryCloud is about the world, this is also about your personal journey of discovery too.

THE WINNER WILL:

TRAVEL THE WORLD

Embark on six incredible journeys to some of the world’s most amazing destinations.

TRAVEL ON US

Rest assured, we’ll pay for all of your travel expenses.

TRAVEL WITH PURPOSE

Travel with purpose – in search of stories that inspire and delight. And bring them back to us.

TRAVEL WITH SUPPORT

Round-the-clock support from Black Tomato’s in-house production team and local contacts.

How do I enter?

#1   Upload a picture using the form below of a moment, place or person that brought you true happiness.

#2   In 150 words or less tell us the story behind the picture.

Or if you want to apply via Instagram upload a photo, tag @blacktomatotravel and use #everycloudcompetition plus your 150 caption that tells us the story being the picture.

 

How will we choose?

We’ll select 10 finalists from all of the entries. This will be based on:

  • How compelled we are by your story.
  • How well your image and text complement one another.
  • Your originality, personality, and enthusiasm.
  • How good your photography is.

The ideal candidate

A skilled storyteller

You will be listening, observing and living the story of someone else. You’ll need to be able to tell us this story in your own way, so that we can share it with our community.

A passionate traveller

This is no small undertaking; this is a year of travel that will push the way you think and feel about the world. Do you have a real hunger and curiosity to get out there and see what’s out there?

A competent camera person

Don’t fear, you don’t need to be the next Diane Arbus. But you will need to be able to capture images from your trip (both still and moving). We’ll organise, edit and communicate the story for you.

A confident communicator

You’ll need to be comfortable and confident in front of a camera – and talking to other people on camera.

Competition Closed

Timeline

  • Launch:  24th October 2019
  • Competition Closes:  23.59 BST, 24th November 2019
  • Shortlist Of 10 Finalists Announced:  9th December 2019
  • Video Submissions and Interviews:  9th December 2019 - 14th January 2020
  • Winner Announced:  16th January 2020
  • First trip:  Anytime from January 2020 (we'll work around your schedule)

About us

Come with us

There’s a lot of ways to travel today, but only one like this. Let us show you what we are – and what we’re not.

WATCH NOW

We are human

When it comes down to it, we’re all about human connection. Watch the team explain what it means to us.

WATCH NOW

Who we are

Welcome to Black Tomato; it’s been an amazing journey so far. From the beaches of Queensland to today; this is our story.

READ MORE

Can’t wait for the winner to be announced? Start your own journey with us today.

Or take a look at some of our most popular destinations

Italy  |  Iceland  |  Japan  |  Morocco

TERMS & CONDITIONS

NO PURCHASE NECESSARY TO ENTER OR TO WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  These terms and conditions (“Rules”) apply to the Black Tomato Every Cloud Travel Competition (“Competition”). By entering this Competition, each entrant fully and unconditionally agrees to these Rules and confirms they have read and understood the Black Tomato Privacy Notice at https://www.blacktomato.com/our-privacy-policy/. In particular, entrants’ attention is drawn to the terms and conditions of the Prize in Sections 9 and 10, the limitations on our liability in Section 13 and the governing law specified in Section 23.

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  1. Promoter: Black Tomato Ltd, (company number: 04885202) with its registered office address at Lg Floor Lower Ground Floor, 4-14 Tabernacle Street, London, England, EC2A 4LU (“ Promoter ”).
  2. Entry Period: The competition opens for entry at 10:00.00 (UK time) (05:00:00 Eastern Time (“ ET ”)) on 24 October 2019 and closes at 23:59:59 (UK time) (18:59:59 ET) on 24 November 2019 (“ Entry Period ”).
  3. Eligibility: The Competition is open to legal residents of the United Kingdom (England, Scotland, Wales, Northern Ireland), Canada (excluding Quebec) and the fifty (50) United States and the District of Columbia who at the time of entry are at least 18 years of age or the legal age of majority in the jurisdiction in which they reside (whichever is higher). Internet access is required to enter the Competition. Standard data and message rates may apply. Entrants should consult their wireless service provider’s pricing plan for details. Each entrant agrees to incur any and all charges demanded by his or her wireless carrier. Entrants should also check their device’s features for capabilities and check the device manual for specific use instructions. Not eligible: The Competition is not open to employees of the Promoter or any of its subsidiaries or agencies, or to members of their families or households or to anyone professionally associated with the Competition. The Promoter reserves the right at any time to require such proof of eligibility as the Promoter reasonably considers necessary.
  4. How to Enter: There are three (3) Stages in this Competition (each a “ Stage ”). All eligible entrants may enter Stage 1 of the Competition. Stages 2 and 3 are only open to those entrants who are shortlisted in accordance with Section 6. A maximum of one (1) entry per person applies to this Competition. If there is a dispute as to the identity of any entrant, an entry will be declared made by the authorized account holder of the email address/Instagram account submitted at the time of entry. Entry to each Stage of the Competition is as follows:
    1. Stage 1 (Photo Submissions): To enter Stage 1 of the Competition, each eligible entrant must complete the following steps during the Entry Period:
      • Write a story in 150 words, illustrated with a photograph you have taken, which tells us about an experience you have had that brought you happiness (“ Photo Submission ”). The entrant must ensure full compliance with the Submission Guidelines in Section 5.
      • Submit the Submission by either (i) posting it on Instagram, tagging @BlackTomatoTravel and using the hashtag #EveryCloudCompetition, or (ii) uploading it to the Competition microsite at www.blacktomato.com/every-cloud/ or www.blacktomato.com/us/every-cloud . Instagram accounts are free. If entering via Instagram, entrants must set their accounts to public to ensure the Promoter is able to identify their Photo Submissions.
    2. Stage 2 (Video Submissions): Ten (10) entrants from Stage 1 will be shortlisted (see Section 6.a). Each shortlisted entrant will be invited to create a Stage 2 submission. To enter Stage 2 of the Competition, each shortlisted entrant must complete the following steps before 23:59:59 (UK time) (18:59:59 ET) on 22 December 2019:
      • Create a video of 60-180 seconds in duration on the theme of a “day in the life” (“ Video Submission ”). The Video Submission must focus on a “day in the life” of a subject of the entrant’s choice, such as a family member, a friend, a pet, a vehicle, a tree, a bottle of water, or even the entrant himself or herself. The entrant must ensure full compliance with the Submission Guidelines in Section 5.
      • Submit the Video Submission to the Promoter at the address specified by the Promoter in the notification provided during the shortlisting process.
    3. Stage 3 (Live Interviews): Five (5) entrants from Stage 2 will be shortlisted (see Section 6.b). Each shortlisted entrant will be invited to participate in a live video interview with a panel of judges via Skype (“ Live Interview ”). Live Interviews will be held between 2 January 2020 and 14 January 2020. Each interviewee will be asked the same five (5) questions during the Live Interview. The Live Interview will be approximately forty five (45) minutes in duration.
  5. Submission Guidelines: The entrant must comply with, and must ensure that his or her Photo Submission and Video Submission (together the “ Submissions ”) comply with, the following submission guidelines (“ Submission Guidelines ”):
    1. Each Submission must be the entrant’s own original work. By submitting a Submission, each entrant warrants and represents (i.e. guarantees) that all elements of the Submission are his or her own original work and the use of the Submission for the purposes described in these Rules will not infringe the intellectual property rights (or any other rights) of any person or organisation.
    2. Video Submissions may include background sound and/or voiceover, but must not feature a soundtrack or any other recorded music.
    3. Submissions may include incidental use of third party branding or logos on any items (such as clothing, furniture, cars or buildings), but such branding must not be the focus or subject of the Submission.
    4. If the subject of a Submission is a person, or if the Submission otherwise features an identifiable person, that person (or their parent or legal guardian if a minor) must have given their written consent to be featured in the Submission. The entrant must provide a copy of any written consent if requested by the Promoter.
    5. Submissions must not include any confidential information or personal information concerning any person without the written consent of that person (or their parent or legal guardian if a minor). The entrant must provide a copy of any written consent if requested by the Promoter.
    6. Submissions must not be, or contain any material which is or may reasonably be considered to be, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or otherwise unlawful.
    7. Submissions uploaded to the microsite must be submitted as a JPG or PNG file and must not exceed 10 megabytes in size. Any digital file uploaded or otherwise supplied to the Promoter must not include or contain any code of a malicious, destructive or disruptive nature (including malware or spyware).
    8. By entering each Stage of the Competition, the entrant warrants and represents that he or she has the right and authority to accept the Prize and enter into the Winner’s Agreement and that by doing so he or she will not be in breach of any agreement with or obligation to a third party.
    9. By entering each Stage of the Competition, the entrant warrants and represents that he or she has not done anything or made any public statement (oral or in writing) that could reasonably be regarded as derogatory or disparaging of the Promoter or its products or services.
    10. By entering each Stage of the Competition, the entrant warrants and represents that he or she knows of no information, facts or circumstances related in any way to the entrant that could reasonably be considered damaging or embarrassing to the Promoter by virtue of the association between the Promoter and the entrant arising from entry into the Competition.
  6. Judging Process: Each of the three (3) Stages of the Competition will be judged by a panel of judges comprising representatives of the Promoter and one (1) independent judge with relevant experience in journalism. For each Stage, the judging process will be as follows:
    1. Stage 1 (Photo Submissions): The judging process will take place between 25 November 2019 and 8 December 2019. All Photo Submissions submitted in Stage 1 will be judged according to the following criteria, with each category worth a total of (twenty) 20 points: (i) How creative is the Photo Submission?; (ii) How moving is the story?; (iii) How original does it feel?; (iv) How good is the storytelling?; and (v) How good is the photography? Each entry will be given a score out of 100 and ranked in order of highest to lowest scores. The top ten (10) scoring entrants will be shortlisted to proceed to Stage 2. If there is a tie-break for any of the top ten (10) positions, the winner will be the Photo Submission that scores highest in the first category listed above. If there is still a tie-break, the winner will be the Photo Submission that scores highest in the second category, and so on.
    2. Stage 2 (Video Submissions): The judging process will take place between 23 December 2019 and 1 January 2020. All Video Submissions submitted in Stage 2 will be judged according to the following criteria, with each category worth a total of twenty five (25) points: (i) How creative is the visual content of the Video Submission?; (ii) How moving is the story?; (iii) How original does it feel?; and (iv) How good is the storytelling? Each entry will be given a score out of 100 and ranked in order of highest to lowest scores. The top five (5) scoring entrants will be shortlisted to proceed to Stage 3. If there is a tie-break for any of the top five (5) positions, the winner will be the Video Submission that scores highest in the first category listed above. If there is still a tie-break, the winner will be the Video Submission that scores highest in the second category, and so on.
    3. Stage 3 (Live Interviews): Live Interviews will be held between 2 January 2020 and 14 January 2020. All Live Interviews will be judged according to the following criteria, with each category worth a total of 25 points: (i) How good is the entrant’s screen presence?; (ii) How articulate is the entrant?; (iii) How engaging is the entrant?; and (iv) How personable is the entrant? Each entrant will be given a score out of 100 and ranked in order of highest to lowest scores. The top scoring entrant will be the winner of the Competition. If there is a tie-break for the top position, the independent judge will have the deciding vote.
  7. Shortlist Notifications: The top ten (10) entrants shortlisted in Stage 1 will be notified that they have progressed to Stage 2 on 9 December 2019. The five (5) entrants shortlisted in Stage 2 will be notified that they have progressed to Stage 3 on 1 January 2020. All notifications will be sent to the relevant entrant by telephone and/or email using the contact details submitted during the entry process. Email notifications will include the subject line “Black Tomato: Every Cloud”. Reasonable efforts will be made to contact shortlisted entrants, but it is the responsibility of each entrant to monitor their voicemail and email account (including any spam or junk mail folder) for receipt of the notification at the relevant time. In order for a shortlisted entrant to proceed to the next Stage, he or she must confirm acceptance in writing (which may include email) within the period of five (5) days following the date of the notification from the Promoter. If a shortlisted entrant fails to provide written confirmation within the period of five (5) days following the date of the Promoter’s notification, the Promoter reserves the right to disqualify the entrant and to shortlist an alternative entrant, who will be the entrant with the next highest score. Any alternative shortlisted entrant selected must confirm acceptance in writing in accordance with the above procedure.
  8. Winner Notification and Prize Acceptance: The winner of Stage 3 will be notified on 16 January 2020. The winner will be contacted by telephone and email using the contact details submitted during the entry process. Each email notification will include the subject line “Black Tomato: Every Cloud”. Reasonable efforts will be made to contact the winner, but it is the responsibility of the winner to monitor their voicemail and email account (including any spam or junk mail folder) for receipt of the notification at the relevant time. In order for the winner to be confirmed as winner, the winner must return to the Promoter a signed copy of the Winner’s Agreement referred to in Section 10.a within the period of ten (10) days following the date of the winner’s notification. Failure to provide the Winner’s Agreement in accordance with this Section 8 may result in disqualification and the selection of an alternative winner, who will be the entrant with the next highest score in the Stage 3 Live Interviews. US entrants only: If a US entrant wins the Competition, he or she must provide a valid social security number at the time of providing the Winner’s Agreement to enable the Promoter to issue a Form 1099 for the value of the prize in USD.
  9. Prize: There is one (1) prize to be won in the Competition (“ Prize ”). The approximate retail value of the Prize is £17,000 (US$22,500/CAD$30,000) (based on a winning entrant from Los Angeles, USA. The actual value may vary based on winner’s country of residence and dates of travel. Any difference between the stated value and the actual value will not be awarded. The odds of being selected as a winner depend on the number and calibre of eligible entries. The Prize is the opportunity to be the Promoter’s Reporter in 2020, which will consist of the following elements (“ Prize ”):
    1. Six (6) trips to locations around the world between January and December 2020, accompanied by the Promoter’s cameraman.
    2. Each trip will be three (3) to six (6) days in duration, with a minimum of one (1) day of free time during each trip and the remainder spent fulfilling the creative brief set by the Promoter.
    3. Each trip will involve a pre-trip briefing with the Promoter, to discuss the destination they will be visiting, the people they will be meeting and interviewing, and the story they will be capturing during the trip. There will also be a post-trip debrief following each trip.
    4. The Prize will include all flights, transfers, accommodation, standard travel and medical insurance, per diem expenses of £80, US$100, CAD$135 per day and all activities/tours the winner will be required to participate in on each of the six (6) trips.
    5. For each trip, the winner will be expected to participate in the following activities and produce the following deliverables:
      1. Prior to departure, the winner will be required to write a post or article and/or fill in a Q&A about the trip and will be required to participate in a “behind-the-scenes” video featuring the winner receiving their brief, packing their bag, travelling to the airport and embarking on the trip.
      2. On arrival in the destination country, the winner will be taken to the area of interest where they will be required to spend the majority of the trip following a specified route and/or character of interest, with the Promoter’s cameraman photographing and filming the experience.
      3. Throughout the trip, the winner will be required to take a series of photographs and video footage to document the trip and the winner’s experiences along the way.
      4. Towards the end of the trip, the winner will be required to conduct a video interview with the person of interest and ask questions agreed by the Promoter.
      5. On return from the trip, the winner will be required to produce a talking head video discussing his or her experiences on the trip and will be required to participate in a talking head video interview with the Promoter.
  10. Prize Conditions: The Prize is non-transferable and non-exchangeable and no cash alternative is available. If the Promoter considers it appropriate, or if it becomes necessary for reasons beyond the Promoter’s control, the Prize (or any part of it) may be varied or swapped for a suitable alternative of equal or greater value in the Promoter’s discretion. The following conditions apply to the Prize:
    1. Given the creative and collaborative nature of the Prize, the winner hereby agrees that, as a condition of accepting the Prize, the winner shall enter into a short written agreement with the Promoter (“ Winner’s Agreement ”) that will include the following:
      1. The respective rights and obligations of the parties, which shall be materially as set out in these Rules.
      2. An assignment to the Promoter of all intellectual property rights in and to any written material, photographs, video footage and any other materials created by the winner and the Promoter during the trips and in relation to the Prize (“ Trip Materials ”), so that the Promoter shall own absolutely all such Trip Materials and shall be entitled to use such materials as it sees fit and to alter, modify, crop, edit and make derivative works from such materials in its absolute discretion.
      3. An irrevocable and unconditional waiver of any moral rights (and rights of a similar nature anywhere in the world) to which the winner may be entitled in respect of the use of the Trip Materials (including the right to be identified as the author of any Trip Materials and to object to their derogatory treatment), and an agreement not to assert or exercise such rights against the Promoter (or its assignees or licensees).
      4. A publicity release permitting the Promoter (and its assignees and licensees) to use the winner’s name, address (city and country only), voice, likeness, photograph, biographical and prize information, Trip Materials, statements about the Competition and/or live and taped performances of interviews for any programming, advertising, marketing, promotional and publicity purposes in all forms of media without compensation, except to the extent prohibited by law.
      5. Agreement not to use for his or her own purposes or disclose to any person (or permit or assist any person to use or disclose) any information about the Prize or the Trip Materials prior to publication or broadcast of such information by the Promoter.
      6. Agreement that the winner has the right and authority to accept the Prize and enter into the Winner’s Agreement and that by doing so he or she will not be in breach of any agreement with or obligation to any third party.
      7. Agreement that the winner is solely responsible for the payment of all applicable national, federal, state, provincial or local taxes arising from acceptance and use of the Prize.
    2. The winner must cooperate with the Promoter as reasonably required by the Promoter in the creation of the Trip Materials and any other activities relating to the trips and the Prize.
    3. All trips must be completed during 2020. The winner must cooperate with the Promoter as reasonably required by the Promoter to agree the schedule and ensure that the trips are completed in 2020. If, for reasons outside the control of the Promoter, any of the trips are not completed within 2020, or are cancelled due to unforeseen circumstances, the winner acknowledges and agrees that no further or replacement trip shall be organised, any untaken trips shall be forfeited and the Promoter shall have no further obligation or liability to the winner in relation to such forfeited elements of the Prize.
    4. The winner is responsible for ensuring that he or she is able to travel on any agreed travel dates. No alternative dates will be available.
    5. The choice of flights, transfers, hotel and any other transportation, activities, tours or venues relating to the Prize shall be at the sole discretion of the Promoter. All flights, hotels, restaurants, transportation and other date-specific bookings are strictly subject to availability.
    6. The Prize excludes all costs incurred by the winner that are not expressly set out in Section 9, including: (i) any meals and beverages; (ii) any tips, room service, minibar, treatments and other costs and expenses at any hotel; (iii) any required official travel documents or visas (e.g. passport, visa, ESTA, etc.); (iv) any other discretionary spending during the trip; and (v) any taxes related to these excluded elements. The winner is solely responsible for making all arrangements in relation to obtaining and/or paying for the above items.
    7. All elements of the Prize must be taken as awarded and the winner is not entitled to receive any unused portion or element of the Prize.
    8. The winner must provide a valid major credit card or other acceptable form of payment requested by the hotel to pre-authorise any discretionary charges incurred during the stay.
    9. The winner must comply fully with all applicable laws and with the terms and conditions (including health and safety requirements) applicable to the hotel, the airline, the venues, the activities and all transport and other providers applicable to the Prize. The Promoter will have no liability to the winner if the winner is unable to receive the full benefit of the Prize or is denied entry to, or is asked to leave, any venue or transport as a result of a failure to abide by such terms or any applicable law or as a result of inappropriate behaviour.
  11. Publicity: By entering this Competition, each entrant agrees that (whether or not he or she wins the Prize) the Promoter shall be entitled (but not obliged) to use his or her name and image and any of his or her Submissions in all forms of media worldwide, and for a period unlimited in time, for advertising, marketing, promotional and publicity purposes without charge. Such rights shall include the right to publish any or all of the entrant’s Submissions on the Promoter’s websites and social media channels. Each entrant further agrees that if they win the Prize, they will take part in reasonable publicity connected with the Competition, if requested by the Promoter.
  12. Taxes: The winner is solely responsible for the payment of all applicable national, federal, state, provincial or local taxes arising from the acceptance and/or use of the Prize.
  13. Liability: Save for death or personal injury caused by negligence, or for fraud or for any other liability that cannot be excluded or limited by applicable law (“ Non-Excludable Guarantees ”), the Promoter (including its respective officers, employees and agents) excludes liability to the maximum extent permitted by law for any loss, damage, injury or disappointment occurring to any entrant arising from his or her participation in the Competition or arising from his or her use or misuse of the Prize (including any travel or activity-related thereto) and for any claims based on copyright, trade mark, publicity rights, defamation or invasion of privacy and merchandise delivery. Consumers may have legal rights in relation to products that are faulty or not as described and services which are not performed with reasonable care and skill, including statutory consumer guarantees and any implied condition or warranty, and these legal rights are in addition to and are not affected in any way by anything contained in these Rules. US entrants only: Subject to the Non-Excludable Guarantees above, in no event will the Promoter be responsible or liable for any indirect, incidental or consequential damages arising out of entrant’s access to and use of the Competition. The Promoter is not responsible for technical, hardware, software, network or other communications malfunctions, errors or failures of any kind, lost, interrupted or unavailable network connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Competition. Promoter is not responsible for any typographical, display, input, or other error in any Competition materials, or for any errors or problems which may occur in connection with the administration of the Competition, the processing of entries, or in the announcement of prizes, including such error that may give an erroneous indication that a prize has been won. In no event will a greater number of prizes than stated in these Rules be awarded.
  14. No Endorsement: This Competition is in no way sponsored, endorsed, administered by or associated with Instagram. Entrants are providing their information to the Promoter, not to Instagram. Access to and use of Instagram is at all times subject to Instagram’s rules, guidelines, terms of use and policies, which are available at https://help.instagram.com/581066165581870 . All third party trade marks and other intellectual property rights are hereby acknowledged. To the maximum extent permitted by law, by participating in the Competition, each entrant hereby agrees to release and hold harmless Instagram, Inc. from any and all liability for loss, harm, damage, injury, cost or expense whatsoever arising from the entrant’s participation in the Competition.
  15. Interference with the Competition: Any attempt to deliberately damage or undermine the content or legitimate operation of this Competition is prohibited and may be a violation of criminal and/or civil laws and in these circumstances the Promoter reserves all its rights and remedies.
  16. Cancellation and Variation: The Promoter reserves the right to vary, suspend or cancel the Competition and/or these Rules if it considers it necessary or appropriate to do so, including if there is any actual or anticipated breach of applicable law or if variation, suspension or cancellation is necessary due to an event outside the Promoter’s reasonable control (including where viruses, bugs, non-authorized human intervention, fraud or other causes beyond the Promoter’s reasonable control corrupt or affect the administration, security, fairness or proper conduct of the Competition). In the event of cancellation, Prizes may be awarded to a winner drawn from entries received prior to cancellation or as otherwise deemed fair and appropriate by the Promoter.
  17. Disqualification: Without limiting the options available to the Promoter, the Promoter reserves the right at any time to disqualify entries or entrants that the Promoter regards as being in breach of these Rules or any applicable laws or third party terms and conditions referred to in these Rules.
  18. Disclosure of Winner’s Details: By entering this Competition, each entrant acknowledges that if he or she wins the Prize, his or her surname and county of residence (and Submissions) may be disclosed to persons enquiring, where permitted by law. Any entrant may object to their information being made available in this way, or may request that the amount of information made available be reduced, by contacting the Promoter using the contact details at the end of these Rules. In these circumstances, the entrant acknowledges that the Promoter may nevertheless disclose such information in full to the UK Advertising Standards Authority if required to do so. This may happen where, for example, the Promoter is required to demonstrate that a valid award took place. To request disclosure of the winners’ details, enquirers must submit a request by email to the Promoter at everycloud@blacktomato.com by 16th February 2020. Details will only be disclosed (if permitted by law) after the Prize has been validly claimed.
  19. Personal Data: Any personal data of entrants processed in connection with this Competition will be processed in accordance with the Promoter’s privacy notice available at: https://www.blacktomato.com/our-privacy-policy/ . Personal data may be transferred and processed with servers located outside Canada and the USA.
  20. Accessing the Rules: Any website on which these Rules are posted is only intended to be accessed from the United Kingdom, Canada (excluding Quebec) and the fifty (50) United States and the District of Columbia. The Promoter makes no representation that materials relating to this Competition are appropriate or available for use at other locations. Access to these Rules from territories where their contents are illegal is strictly prohibited.
  21. Severance and Waiver: If any part of these Rules is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the rest of these Rules will not be affected. The Promoter’s failure to enforce any term of these Rules will not constitute a waiver of that provision.
  22. Disputes: Subject to Section 23, if there is a dispute about the Competition or these Rules, the entrant fully and unconditionally agrees that the Promoter’s decisions are final and binding and no correspondence will be entered into. If there is a dispute between these Rules and any other document referred to in these Rules, these Rules take precedence to the extent necessary to resolve the conflict.
  23. Law and Jurisdiction: The Competition and these Rules are governed by English law, and any disputes arising in connection with them shall be subject to the exclusive jurisdiction of the courts of England and Wales, except that residents of Scotland may also bring proceedings in the Scottish courts and residents of Northern Ireland may bring proceedings in the courts of Northern Ireland (and, if so, in respect of those specific proceedings in Northern Ireland, the Competition and these Rules will be governed by Northern Irish law). Nothing in these Rules limits or excludes any rights that any entrant may have under the mandatory laws of his or her own country.
  24. Contact: Enquiries about this Competition can be sent to the Promoter by email to everycloud@blacktomato.com .