APPLICATION TERMS AND CONDITIONS

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The following Terms and Conditions (T&C) apply to all applications to classes, courses and or workshops at The Essential School of Painting (The ESOP). These T&C should be read in conjunction with the The ESOP terms and conditions and The ESOP privacy and Cookie Policy.

APPLICATION TERMS AND CONDITIONS OF THE ESSENTIAL SCHOOL OF PAINTING
  1. These terms and conditions together with any specific rules set out in Application Notices (as defined below) are the Application Rules (“Rules“) and apply to application (“Application“) featuring in any Essential School of Painting (The ESOP) publications and/or on any The ESOP social media site unless otherwise expressly stated. By entering an application, applicants agree to be bound by these Rules. From this point on ‘publication’ includes both ‘real life’ and ‘online’ publications.
  2. Rules specific to each Application are displayed in a notice on the page for such Application (“Application Notice“) or in a notice in which the Application appeared and are incorporated into the Rules. In the event of discrepancy between these terms and conditions and the Application Notice, the Application Notice shall prevail.
  3. The ESOP reserves the right to cancel or amend the Application or the Rules without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside The ESOP’s reasonable control. Any changes will be posted either within these terms and conditions or the Application Notice. A copy of the Rules may also be obtained by contacting the relevant Application department of the publication in which the competition appeared.
  4. In the event of any dispute regarding the Rules, conduct, results and all other matters relating to an Application, the decision of the school shall be final and no correspondence or discussion shall be entered into.
Qualifying Applicants
  1. To qualify to enter the Application you must be resident in the United Kingdom, Republic of Ireland and/or the Isle of Man. The address you provide with your Application entry (“Entry“) may be used to send any correspondence so please make sure this is correct.
  2. Additional eligibility requirements may apply to a specific Application e.g. a valid passport, visas and/or driver’s licence will be required.
  3. By entering the Application, you hereby warrant that all information submitted by you is true, current and complete. The ESOP reserves the right to verify the eligibility of all entrants.
  4. The ESOP assumes that by reading the publication or by using the website and entering the Application (and you warrant that) you are aged 18 or over or, if you are under 18, that your parents have consented to your entry into the Application and these Rules.
  5. The ESOP reserves the right to disqualify any entrant if it has reasonable grounds to believe the applicant has breached any of the Rules.
  6. In the event that any entrant is disqualified from the Application, The ESOP in its sole discretion may decide whether a replacement should be selected. In this event, any further applicant will be selected on the same criteria as the original applicant and will be subject to these Rules.
Application Entries
  1. Only one entry per person per Application is allowed (except where the Application Notice states that more than one entry can be submitted) and any entrant who enters more than the permitted maximum will be disqualified.
  2. Application entries must be made in the manner and by the closing date specified on the Application Notice. Failure to do so will disqualify the entry unless prior and specific consent has been sought by the applicant.
  3. Proof of posting or emailing cannot be accepted as proof of delivery. The ESOP cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to applications, or applications lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.
  4. Applicants should note that unless stated otherwise, The ESOP does not accept responsibility for the return of any entries, whether artistic or other material.
Qualifying Applicants
  1. Qualifying applicants will be informed within 28 days of the start date of the course as specified in the Application Notice. In all matters, the decision of the school shall be final and no correspondence or discussion shall be entered into.
  2. Places are non–transferable and there is no cash alternative. The ESOP reserves the right to substitute classes of equal or greater value at any time.
Intellectual Property Rights & Use of Application
  1. The ESOP does not, unless we agree this with you, claim any rights of ownership in your application. As such, you retain ownership and copyright, although The ESOP will be able to use applications as set out in the Rules, you will also have the right to use your entry in any way you choose.
  2. In consideration of  The ESOP agreeing to consider applicants to the Application, each applicant hereby agrees that The ESOP (and third parties authorised by The ESOP) may make any and all entries available in their publications and on their websites and any other media, whether now known or invented in the future. You now grant The ESOP (and third parties authorised by The ESOP) a non-exclusive, worldwide, irrevocable licence (for the full period of any rights in the Application) to use, display, publish, transmit, copy, make derivative works from, edit, alter, store, re-format and sub-licence the entry for such purposes.
  3. The ESOP may, in appropriate circumstances, and at its sole discretion, reject, edit, remove or disable access to entries that appear to be legally or otherwise problematic e.g. infringe the copyright or other intellectual property or privacy rights of others, are defamatory etc. or for any other reason.
  4. Your application and any information submitted by you must be personal to and relate specifically to you. You hereby warrant that your application and all information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. If relevant, The ESOP reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.
Liability
  1. The ESOP cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any applicant or as a result of accepting any The ESOP activity. The ESOP is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation.
Data Protection and Publicity
  1. Qualifying applicants may be requested to take part in promotional activity and The ESOP reserves the right to use their names in any publicity both in paper and online.
  2. Any personal data relating to entrants will not be disclosed to a third party without the individual’s consent. Please see The ESOP Data Protection Notice and Cookie Policy for further details. Data relating to applicants will be retained by The ESOP for a reasonable period after the Application closes to assist The ESOP to operate application in a consistent manner and to deal with any queries on the Application.
  3. By providing The ESOP with your personal data you consent to The ESOP transferring your personal data to countries or jurisdictions which do not provide the same level of data protection as the UK.  If The ESOP does make such a transfer it will, if appropriate, put a contract in place to ensure that your personal data is protected.
Jurisdiction
  1. The Application will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England. Where the site and/or the Interactive Services are accessed from Scotland or Northern Ireland, this Agreement shall be governed by the laws of Scotland or Northern Ireland respectively and you hereby submit to the exclusive jurisdiction of the Scottish courts or the courts of Northern Ireland respectively.