1. Definitions
1.1 In these Terms and Conditions the following words shall have the following meanings:
“Cash Alternative”: the sum of £5,000 (five thousand pounds sterling) including any VAT or other tax or duty payable on this sum.
“Cash Sum”: the sum of £500 (five hundred pounds sterling) excluding any VAT or other tax or duty payable on this sum. This sum may be paid by the Organiser to the winner, which could be applied by the winner towards expenses such as insurance, protective clothing, accessories or any other expenses as the winner may decide in his or her absolute discretion. The Cash Sum will represent a final amount payable by the Organiser towards any such associated expenses.
“Closing Date”: the date when the total number of available entries into the Competition have been sold (subject always to the rights of the Organiser to close the Competition earlier than this at its absolute discretion).
“Competition”: the competition to win each Prize, subject to these Terms and Conditions.
“Entrant”: any person aged 18 or over who enters the Competition and is eligible to do so under these Terms and Conditions.
“Observer”: an independent observer appointed by the Organiser.
“Organiser”: MotorcyclePrizes.com, PO Box 131, Wymondham, Norfolk NR18 0GT
“Maximum Entry Number”: the total number of entries available for each Competition as stated in the individual Competition details.
“Motorcycle”: A new, UK-specification and UK-sourced motorcycle as defined within each competition.
“Pro-Rata Cash Alternative”: a sum calculated as being the Cash Alternative divided by the Maximum Entry Number multiplied by the number of entries sold excluding any VAT or other tax or duty payable on this sum.
“Prize”: comprising the motorcycle or electrical consumer good and any Cash Sum if stated in the individual Competition details.
“Website”: the Organiser’s Internet website(s).
2. Entry to the Competition
2.1 This Competition is open to all persons aged 18 and over excluding the Organiser, its employees or members of their immediate family, agents or any other person who is connected with the creation or administration of this Competition. By entering the Competition you confirm that you are aged 18 or over, that you hold either a valid passport, a valid driver’s licence or any other valid form of identification which the Organiser may require with which the Organiser can confirm your age and identity.
2.2 By entering the Competition you represent and warrant that you have read and understood these Terms and Conditions and agree to be bound by them and by any other requirements of the Organiser.
2.3 The Competition is governed by and subject to English Law within the exclusive jurisdiction of the Courts of England.
2.4 By entering this Competition, each Entrant confirms that he or she is not breaching any laws in his or her country of residence regarding the legality of entering the Competition. The Organiser will not be responsible for any Entrant entering the Competition unlawfully or otherwise in breach of local legislation or other legal rules. All Entrants are advised to check their local legislation and other legal rules before entering the Competition and if in any doubt as to whether or not you may enter the Competition, you should immediately leave this Website and check with the relevant authorities in your area. By entering this Competition, Entrants confirm they are not US residents and confirm they comply with Clause 2.6 of these Terms.
2.5 The Competition may be entered on-line via our web sites. To enter the Competition and make payment of the entry fee, make your selection of the correct answer to the Competition question using your skill and knowledge and press the “Enter Competition” button. Doing so will make a note of your selection and take the details of that selection through to our authorised payment solutions provider. In entering any credit or debit card details you warrant and represent that you are authorised to use the credit card or other debit card details which you give the payment solutions provider to pay for entry. For the avoidance of doubt the Prize or the Cash Alternative will only be paid to the winning named Entrant and not the name of the credit or debit card holder if different and you agree to indemnify the Organiser in full for any and all liabilities, costs, claims and legal costs incurred by it in the event the credit or debit card holder makes any claim against the Organiser arising from the use by you of their details without their authority. Please note that you will not be deemed validly entered into the Competition until payment has been received by us.
2.6 Entrants must be UK residents aged 18 or over and by entering the Competition expressly warrant they comply with this Clause.
3. Winner Selection and Notification
3.1 Each Competition will close on the Closing Date (subject always to the right of the Organiser to close the Competition earlier than this acting in its absolute discretion). All valid and correct entries into each Competition will then be assigned a number between 1 and the Maximum Entry Number (less any invalid or incorrect entries) strictly on the basis of the order in which they were received by the Organiser. Any valid entries received after the Closing Date will be automatically entered into the next Competition for a similar prize or the entry will be annulled and the entry fee repaid by the Organiser to the Entrant at the Organiser’s absolute discretion.
3.2 After the Closing Date, a number greater than 0 and less than 1 will be selected at random by the Observer using a computer or scientific calculator in the presence of or under instruction from the Organiser (the “Random Number Generated”).
3.3 The winner will be the person whose correct and valid entry number matches the result of a calculation using this formula: winning entry = Maximum Entry Number x Random Number Generated rounded up or down to the nearest whole number. All decisions of the Organiser will be final and binding on the Entrants and no correspondence will be entered into.
3.4 The winner will be notified at the e-mail address, address or telephone number given in the contact details section of their entry within 14 days of the Closing Date of the Competition. The notification date is:
3.4.1 if the winner is notified by post, 5 days following the day on which notification is sent by first class mail, postage prepaid
3.4.2 if the winner is notified by telephone, the day on which the call is made or attempted
3.4.3 if the winner is notified by e-mail, 5 days following the day on which notification is sent by e-mail to the address specified in the Entry.
3.5 Entrants may check the results of the Competitions (including the names of successful Entrants) on the Website. If after 1 month from the Closing Date of the Competition the winner cannot be located or contacted, a different Prize winner will be selected by the Observer in the same way as the original prize winner. The Organiser’s decision shall be final and binding on the Entrants and no correspondence will be entered into.
3.6 If you are the winner you will be required to send a copy of your passport (and/or such other valid form of identification as the Organiser may specify) to the Organiser to confirm your identity and age before the Prize will be handed over or the Cash Alternative paid to you. Following receipt and verification of the winner’s details by the Organiser, the winner will be contacted in order to make arrangements for collection of the Prize or Cash Alternative, as appropriate.
3.7 The winner, at their absolute discretion, may apply any Cash Sum towards any expenses. In all cases, the winning Entrant has the sole responsibility for collecting the Prize. If the winner refuses or fails to pay any delivery charges and any other associated expenses then the Organiser reserves the right acting in its absolute discretion not to deliver the Prize to the winner.
3.8 The winner may not wish to collect or take delivery of the Prize and may elect to accept the Cash Alternative instead.
3.9 Once the winner has been contacted and has selected their choice of colour for the prize (as available to the Organiser), the Organiser will order their prize from a UK-based supplier to ensure that the prize is new and (in the case of a Motorcycle) registered to the winner. The Organiser and/or the prize supplier (at the Organiser’s absolute discretion) will store the Prize at the winner’s risk once it is available for collection by or delivery to, the winner. Any costs incurred by the Organiser in so doing shall either be paid by the winner or deducted from any Cash Sum. If after 3 months from the date the winner is notified that he or she has won the Prize, the Prize has not been delivered to or collected by the winner, the winner acknowledges and agrees that he or she will lose all rights to claim the Prize and shall not be entitled to claim back the entrance fee. The decision shall be final and binding on the Entrants and no correspondence will be entered into.
3.10 All winners agree to be photographed collecting the Prize where required to do so by the Organiser and the winner agrees that their photograph, name and nearest major city or county of residence will be published on the Website for promotional purposes.
4. Cancellation or Variation of the Competition
4.1 The Organiser reserves the right at any time to cancel the Competition without further liability to any Entrant in the event the number of entries stated as the Maximum Entry Number has not been sold or for any other reason in the Organiser’s absolute discretion, before or after all or some of the entries have been sold. In these circumstances the Organiser will declare the Competition closed and award the Pro-Rata Cash Alternative to a winner selected in the same manner as Section 3 of these Terms and Conditions but using the total number of valid entries sold in lieu of the Maximum Entry Number in the calculation and selection of the Prize winner.
4.2 The Organiser reserves the right at any time and in its absolute discretion to vary the Prize from those stated when the Entrant entered any Competition. The varied Prize will usually be of similar nature and price to the original Prize. An example of when such a variance might take place is when the model is no longer available or the importer discontinues supplies into the UK.
4.3 The Organiser reserves the right in its absolute discretion to terminate any Entrant’s entry for the Competition or vary any of the Terms and Conditions of this Competition or reclaim the Prize or any part of the Prize or Cash Alternative awarded to the winner or winners at any time if it is the opinion of the Organiser that there has been a breach of any of these Terms and Conditions by any of the Entrants (whether discovered during or after the end of the Competition).
5. Liability
5.1 To the extent permitted by law the Organiser makes no representations or warranties as to the quality or suitability of any of the goods or services offered as Prizes. Except for liability for death or personal injury caused by the negligence of the Organiser, the Organiser shall not be liable for any loss or damage suffered or sustained to person or property including, but not limited to, consequential, special or economic loss by reason of any act or omission by the Organiser, or its servants or agents, in connection with the arrangement for supply or the supply of any goods by any person to the winner and, where applicable, to any family or persons accompanying the winner, or in connection with any of the competitions promoted by the Organiser.
5.2 The Organiser accepts no responsibility for delayed, failed, partial or garbled computer transmissions or e-mails, for any computer, telephone, cable, network, electronic or Internet hardware or software malfunctions, connection failures (including Internet traffic congestion), or the acts or omissions of any service provider or for any unauthorised human act or hacking in connection with entries to the Competition. The Organiser accepts no responsibility for incorrectly completed entries.
6. Data Protection Notice
6.1 Any personal data that you supply to the Organiser or authorise the Organiser to obtain from a third party will be used by the Organiser:
6.1.1 to administer the Competition; and
6.1.2 (unless you tell us that you prefer not to receive direct marketing) to contact you about other competitions which the Organiser may run in the future.
6.2 The Organiser may disclose your personal data to:
6.2.1 any person to whom the Organiser proposes to transfer any of the Organiser’s rights and/or responsibilities under any agreement the Organiser may have with you;
6.2.2 any person to whom the Organiser proposes to transfer its business or any part of it;
6.2.3 comply with any legal or regulatory requirement of the Organiser; and
6.2.4 prevent, detect or prosecute fraud and other crime.
6.3 In order to process your personal data the Organiser may need to transfer such information outside the European Economic Area (EEA), in which event the Organiser shall endeavour to ensure that your personal data will be adequately protected during the transfer.
7. General
7.1 These Terms and Conditions represent the entire agreement between the Entrant (and the ultimate winner) and the Organiser and supersede all prior agreements, representations and understandings (if any) between the Entrant (and the ultimate winner) and the Organiser.
7.2 The parties agree that the obligations contained in these Terms and Conditions are between the Entrant (and the ultimate winner) and the Organiser only and the Contracts (Rights of Third Parties) Act 1999 shall not apply to its provisions.
7.3 If any provision of these Terms and Conditions or the Competitions themselves are or become illegal, invalid or unenforceable in any respect under the law of any jurisdiction then (a) the legality, validity and enforceability in that jurisdiction of the remaining provisions shall be unaffected and (b) the legality, validity and enforceability in any other jurisdiction of that or any other provision shall be unaffected.
7.4 Each Entrant acknowledges that in entering the Competition he or she does not rely on and has not relied on and shall have no remedy in respect of any statement, representation, warranty or other provision (in any case whether oral, written, express or implied and whether negligently or innocently made) of any person except those expressly set out in these Terms and Conditions.
7.5 Entrants entering this competition pursuant to Clause 2.5 of these Terms and Conditions, have the right to cancel their entry within 7 days of entering the competition pursuant to the Consumer Protection (Distance Selling) Regulations 2000. Please if you wish to cancel.
7.6 The Organiser may vary these Terms and Conditions at its absolute discretion at any time and without notice to any Entrants or other persons. Entrants acknowledge and accept that they will be bound by the Terms and Conditions current at the time the winner is selected.
