1. The definitions and rules of interpretation in this clause shall apply in these terms and conditions.
ENTRANT/ CUSTOMER: Any person (not including a limited company, partnership or limited liability partnership) who enters the Giveaway through the Website or by post to win the Prize.
COMPANY: Full Throttle Competitions Ltd
WINNER: The Entrant chosen at random on or after the Closing Date who will receive the Prize in accordance with these Terms and Conditions.
PROMOTER: Full Throttle Competitions Ltd
PROMOTERS: FULL THROTTLE COMPETITIONS LIMITED (Company number 11826560) Full Throttle Competitions Limited are the sole promoters, the prize draws are not sponsored, run, or endorsed by another other party.
CLOSING DATE: The closing date for each competition will be stated on the ‘Enter now’ page. However if the maximum number of entries is reached before the closing date then the competition will be closed.
MAXIMUM NUMBER OF ENTRIES: The maximum number of entries will be stated on the ‘Enter now’ page of each competition.
2.1 Making a entry to any competition will be taken as agreement to these conditions of sale.
2.2 By entering the competition via the Website, Entrants are deemed to have read and accepted these Terms and Conditions and agrees to be bound by them;
2.3 Upon entering the Competition, all Entrants must submit all contact details requested by the Promoters (which must include a valid e-mail address) which will be used for the following purposes:
(a) To notify the Winner that they have won the prize;
(c) To post the draw numbers for everyone who has entered on our Facebook page, only your name will be posted and nothing else, this is so everyone knows what their number is for the live draw.
2.4 All entrants are solely and completely responsible for providing the Promoters with accurate and current contact details.
2.5 The Promoters will be in no way liable for any failure or inability to make contact with any Entrant due to any errors, omissions or inaccuracies in the contact details provided by the Entrants or otherwise.
3.1 The Entrants and the Promoters recognise that the Promoters may use contact details and other data including personal data as defined by the Data Protection Act 1998 supplied by the Entrants to the Promoters to administer the Website and conduct the Competition according to these Terms and Conditions. The Entrants and the Promoters also recognise that the Promoters may (either by choice or at the request of a third party) also disclose this information to relevant third parties for the purposes of the prevention of fraud, money laundering, legal or other financial or regulatory reasons.
4. COMPETITION ENTRY
4.1 Competitions may be entered via the Website, multiple competitions may be operated at the same time and each Competition will have specific prize.
4.2 Availability and pricing of Competitions are at the discretion of the Promoter and will be specified at the point of sale on the Website.
4.3 When entering a Competition online via the Website, follow the on-screen instructions to:
(a) select the Competition you wish to enter and when you are ready to purchase your Ticket(s), provide your contact and payment details. You will need to check your details carefully and tick the declaration, confirming you have read and understood the Competition terms and conditions;
(b) once you have purchased your Tickets, play the Challenge when your payment has cleared we will then contact you by email to confirm your entry into the Competition. Please note that when entering online you will not be deemed entered into the Competition until we confirm your Ticket(s) order back to you by email.
4.4 The Promoter reserves the right to refuse or disqualify any incomplete Entries if it has reasonable grounds for believing that an Entrant has contravened any of these terms and conditions.
4.5 To the extent permitted by applicable law, all Entries become our property and will not be returned.
4.6 The Entrant can enter the competitions up to the amount of 10 entries, per each competition.
4.7 The competition will run from the date listed in the Competition Details (the “Opening Date“) and will be open to take entries until the date and time specified in the Competition Details on the website, or until the Maximum Entries has been reached, whichever is the earliest (the “Closing Date“). The Closing Date may be extended by 7 days for a maximum of 6 times (6 weeks). Any extension of time will be notified on the Website or on our Facebook page.
5. COMPETITION TERMS
5.1 By entering a Competition the entrant (‘Entrant’, ‘you’, ‘your(s)’) will be deemed to have legal capacity to do so, you will have read and understood these terms and conditions and you will be bound by them and by any other requirements set out in any related promotional material.
5.2 Competitions are governed by English Law and any matters relating to the Competition will be resolved under English Law and the Courts of England shall have exclusive jurisdiction.
5.3 In the event that you participate in a Competition online via the Website, and by accepting these terms and conditions you confirm that you are not breaching any laws in your country of residence regarding the legality of entering our Competitions.
5.4 Entrant entering any of our Competitions unlawfully. If in any doubt you should immediately leave the Website and check with the relevant authorities in your country.
5.5 The Competition is open for entry to all persons aged 18 or over excluding the Promoters, their family, agents, employees, professional advisers or conductor administration of the Competition in any way, shape or form.
5.6 Competitions are governed by English Law and any matters relating to the Competition will be resolved under English Law and the Courts of England shall have exclusive jurisdiction.
5.7 In the event that you participate in a Competition online via the Website, and by accepting these terms and conditions you confirm that you are not breaching any laws in your country of residence regarding the legality of entering our Competitions. The Promoter will not be held responsible for any Entrant entering any of our Competitions unlawfully. If in any doubt you should immediately leave the Website and check with the relevant authorities in your country.
5.8 By entering into the Competition, all Entrants acknowledge that their payment per entry does not guarantee in any way that they will win the prize.
5.9 The Promoters do not in any way guarantee the value of the Prize.
5.10 As a condition of entering the Competition, Entrants must ensure that, by doing so, they do not contravene any laws of their country of residence. The Promoter will not be liable in any way if an Entrant enters the Competition unlawfully;
5.11 The Entrants and the Promoters recognise that the Competition, its administration and all associated activities are governed by English Law and the Promoters and Entrants recognise that the County or High Courts of England shall have exclusive jurisdiction in the event of any dispute arising out of the Competition or its administration;
5.12 By entering a giveaway, Entrants warrant that all information which they submit is accurate, true, current and complete. The Promoters reserve the right to disqualify any entrant (entirely at their own discretion) if there are reasonable grounds to believe the Entrant has acted in breach of any of these Terms and Conditions.
5.13 All Entries will become the property of the Promoters on receipt and will not be returned.
5.14 The Promoters reserve the right to amend these terms and conditions at any time and for any reason.
5.15 To conclude an entry into the Competition, an Entrant will be asked to provide their contact details (including postal and e-mail addresses and a telephone number) and card payment details (for entry fee only). Once the Entry is submitted, the Entrant’s card payment will be electronically approved.
5.16 If you wish to enter the competition for free then please send an unenclosed postcard stating the competition you wish to enter, providing your full name, date of birth, email address, postal address and a contact number. The unenclosed postcard must contain the correct answer to the question for the competition, and the answer and personal information must be clearly written. The address is: Full Throttle Competitions Ltd, The Barns, Whitestitch Lane, Meriden, CV7 7JE. All free entries must be received before the close of the competition. One entry per letter. All free postal entries are processed exactly the same as paid entries via the website.
5.17 All postal entry details needs to be either typed or very clearly written, we cannot enter you into the competitions if we cannot read your writing on your entry. If we receive 1 letter in the post containing multiple entries this will not comply with the above terms and conditions.
5.18 Entries cannot be made on behalf of other people. If it comes to our attention that 1 person has entered under multiple names/addresses then all entries from this person will be void, this goes for paid entries via the website and free entries via post.
5.19 When the maximum Number Of Entries or the Closing Date is reached, the Competition will close.
5.20 All postal entries must be sent as an unenclosed postcard. If your entry is not clear and fully readable we will be unable to enter all of your details into our system.
5.21 All Entries to the Competition are final and no refunds shall be made at any time or for any reason, except in the case of entries submitted after the Closing Date.
5.22 The Promoters’ decision is final and no correspondence will be entered into about the result of the Competition following the determination of the Winner as described above;
5.23 Each Entrant agrees that the usual requirement under the Consumer Protection(Distance Selling) Regulations 2000 for any goods and services ordered online to be supplied within 30 days will not apply to this Prize Competition.
5.24 If the Winner cannot be contacted by the Promoter within 21 days of being notified of their status as the Winner by e-mail, telephone and mail to the contact details submitted in their entry, the Promoter shall be entitled to award the Prize to the Entrant selected by drawing another winning entry at random in the same method as described above (“The Alternate Winner“). The Alternate Winner shall have 7 days from notification of their status by the Promoters to communicate their acceptance of the Prize.
5.25 Entries are limited to one person per household. If it comes to our attention that more than 1 person per household is entering into a competition all entries from that address will be void.
6. CLOSING THE COMPETITION
6.3 The Promoters reserve the right to cancel the Competition at any time either before or after tickets have been sold. If the Competition is cancelled, the Promoters will return the Entry Fees to each Entrant (either by bank card refund or by cheque and in one combined payment where several entries have been made by a competitor). Where the Entry Fee is returned, the Promoter shall have no further liability to the Entrant or to any other person;
6.4 The Promoters make no representation or warranty as to the Valuation or the Prize, its structural or cosmetic condition or its ability to be sold. Entrants should make and rely on their own enquiries and legal advice about the Prize before entering the Competition.
6.5 Save for death or personal injury the Promoters will not be liable for any loss (including economic loss) suffered to or sustained by any person or property as a result of any act or omission of the Promoters, nor will their servants or their agents in developing, planning and Administrating the Competition, distributing the Prize to the Winner or following the distribution of the Prize; The Promoters accept no liability for errors or omissions contained within the Prize details, description or specification or any other part of the Website. It is the responsibility of each Entrant (and in particular the Winner) to satisfy him/herself as to the accuracy of any such details and/or any content of this website.
6.6 The Promoters will not be liable for any loss suffered by an Entrant as a result of incomplete entries or failed computer communications or for any loss suffered as a result of use of the Website.
6.7 The Promoters do not accept responsibility for entries which they do not receive due to failures in computer systems, other malfunctions, high Internet traffic, hardware failure, software failure, server faults or any other reason.
6.8 These competition rules shall not create or be construed as creating any form of contract, joint venture or other agreement between any Entrant and the Promoters.
6.9 An entry shall be declared void (without any refund being given) if the entrant engages in: (a) any form of fraud (actual or apparent); (b) fraudulent misrepresentation; (c) fraudulent concealment; (d) hacking or interference with the proper functioning of the website; or (e) amending, or unauthorised use of, any of the code that constitutes the Website.
7. CONTEST/SELECTING WINNER
7.1 The winning Entrant will be selected at Random using a number generator, full details will be confirmed once the draw has been concluded via either of the explained ways. The decision will be made within 48 hours of the close of the competition for the exact date/time.
7.2 There will only be one winner per competition unless otherwise stated.
7.3 If the contest is completed and the Prize is issued successfully then the prize will be transferred by the promotor to the winner of the contest using the V5 for each car. This must be completed before the car’s are handed over. No insurance comes with the Prize(s) and the Promotor will no longer have any responsibility over the Prize(s) once hand over is completed.
7.4 The promoters reserve the right to void any entries if we believe someone is using multiple names to enter a competition more than the maximum amount of entries per person for that specific competition.
7.5 If the Number of Entries to the Competition does not exceed the maximum number of entries at the closing date, the Competition will either close and the proceeds will either be deemed sufficient to award the car as a prize at the sole discretion of the Promoter , or the remaining funds will be allocated as a cash prize to a winner after the deduction of any expenses and marketing fees.
The Promoter will be entitled to retain 30% of the Entry Fees to cover administration. The remaining balance following deduction of the 30% plus expenses (marketing, payment solutions , legal fees , website hosting) is “the Prize Fund”. The Prize Fund will then be offered to the winning Entrant;
8. OUR COMMITMENT
8.1 Competition entry’s cannot be returned.
8.2 Prizes must be collected from the registered business address unless otherwise agreed and is the sole responsibility of the winner.
8.3 The winner will have to provide proof of identity and proof of competition entry upon collection.
9.1 We guarantee that all prizes won are of high quality at the time of supply. All information and advice provided is provided at no cost and to the best of our knowledge.
10. DATA PROTECTION
10.1 Any dispute, question or difference arising under or in connection with this contract shall in the first instance be submitted to adjudication and thereafter to the exclusive jurisdiction of the English Courts.
10.2 The Entrant and the Promoter shall have the right to have the dispute or difference referred to such person or persons as the parties may agree to appoint.
10.3 In event that the parties fail to agree upon an independent Adjudicator within 14 days after either party has given to the other written notice to concur in the appointment of an Independent Adjudicator, the Complaints Committee of the British Association of Landscape Industries shall, upon request from either party, offer an Adjudicator.
10.4 The Adjudicator shall act as expert and shall not be bound to follow the principles of law but may decide the matter submitted to him according to what he considers fair and reasonable in all the circumstances.
10.5 The costs of the proceedings shall be borne by both parties or as otherwise agreed with the Adjudicator.
11. GOVERNING LAW AND JURISDICTION
11.1 This section sets out how the Company collects your personal data, how the Company uses it and who The company shares it with. Under the GDPR Acts, your data controller is Full Throttle Competitions Ltd.
11.2 Use of your personal data - by providing your personal data you agree to your name, postal address, email address and other personal data you supply ('personal data') being used by The company Full Throttle Competitions Ltd
11.3 We will hold your personal data manually for as long as is necessary.
12. GOVERNING LAW AND JURISDICTION
12.1 This Agreement shall be governed, construed, and enforced in accordance with the laws of the United Kingdom, without regard to its conflict of laws rules.
12.2 This contract and any dispute or claim arising out of it or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.
12.3 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the contract.
13.1 We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of payment procedures.
13.2 Each entrant should retain a copy of these Terms and Conditions for their future reference.
14. THE PROMOTER
FULL THROTTLE COMPETITIONS LTD
The Barns, Whitestitch Lane, Meriden CV7 7JE