TERMS & CONDITIONS OF COMPETITION ENTRY
1. DEFINITIONS & INTERPRETATION
1.1 In these terms and conditions (Terms), the following definitions are used:
Business Day: A day from Monday to Friday which is not a bank holiday or public holiday in England.
Cash Alternative: A cash payment which We may offer as an alternative to a physical Prize.
Competition: A competition which We may make available on the Website from time to time.
Competition Page: A page on the Website setting out the details of the Competition including the Prize, Entry Fee, Opening Date, Closing Date and other relevant information about the Competition.
Competition Question: A skill-based question or challenge which the Entrant must successfully answer or complete to be eligible to win the relevant Prize.
Competition Winner: An Entrant who successfully wins a Competition following a Draw.
Draw: The selection of a Competition Winner using the process set out in clause 10.
Entrant: An individual who enters a Competition in accordance with these Terms.
Entrant List: A list of all Entrants for a specific Competition.
Entry: An entry for a Competition which is made by an Entrant in accordance with these Terms.
Entry Fee: The fee payable by an Entrant in respect of each Entry, other than a Postal Entry.
Postal Entrant: An Entrant who enters a Competition with a Postal Entry.
Postal Entry: An Entry to a Competition which is made using the process set out in clause 8.2.
Prize: The Competition prize which is advertised on the relevant Competition Page.
Threshold: The minimum number of Entries which We deem sufficient to make it financially viable to hold a Draw for the Prize.
Ticket Number: A number which We shall allocate in respect of an Entry, subject to the provisions of these Terms.
Website: Our website at www.superbgiveaways.com.
1.2 Any reference to:
1.2.1 We or Us means Superb Giveaways. Our has the corresponding meaning;
1.2.2 a party means either the Entrant or Us and a reference to the parties means both the Entrant and Us;
1.2.3 the singular includes the plural and vice-versa;
1.2.4 a date and time means the local date and time in England;
1.2.5 cash or a cash payment means an electronic bank transfer;
1.3 Clause headings are included for convenience and shall not affect the interpretation of any clause.
2. PROMOTER DETAILS
2.1 We are Superb Giveaways, a trading name of McTaggart Thomas & Associates Limited (Registered in England & Wales No. 07156902) Our registered office is at 701 Stonehouse Park, Sperry Way, Stonehouse, Gloucestershire, GL10 3UT.
2.2 Entrants may contact Us by email at email@example.com, by post at 701 Stonehouse Park, Sperry Way, Stonehouse, Gloucestershire, GL10 3UT.
3. STATUS OF THESE TERMS
3.1 These Terms form the entire agreement between each Entrant and Us in relation to any Competition. We will not accept any alternative wording, deletion, or amendment which an Entrant may propose for any reason.
3.2 The Entrant shall be deemed to have accepted these Terms in full by entering a Competition. The Entrant must therefore read these terms in full prior to entering a Competition.
3.3 We may update or replace these Terms at any time and without notice. Any change to the Terms shall not apply to any Competition on Our Website which has commenced at the relevant time unless (i) We have not received Entries to such Competition at that time or (ii) the change is minor or purely administrative.
4. COMPETITION ELIGIBILITY
4.1 Our Competitions are open to individuals aged 18 and over.
4.2 Although our Competitions are marketed to Entrants within the United Kingdom, Entrants who reside outside of the United Kingdom are not prevented from entering Competitions, subject to any controls which are imposed by our e-commerce provider and any legal restrictions on dealing with sanctioned countries. However, Entrants from outside the United Kingdom:
4.2.1 Are responsible for ensuring that entering a Competition is lawful in their home jurisdiction; and
4.2.2 Who become Competition Winners shall be responsible for arranging and paying all costs associated with collecting and importing a Prize to their country of residence, including any transport or freight costs, import duties, taxes, etc.
4.3 The following people are prohibited from entering Our Competitions:
4.3.1 Our directors and employees and their immediate family members;
4.3.2 Directors and employees of any of Our suppliers who are involved with the administration or running of Our Competitions or Website;
4.3.3 Residents of countries which are subject to international sanctions; and
4.3.4 Individuals who have been informed that they are not permitted to enter Our Competitions for any reason.
5. COMPETITION & PRIZE DETAILS
5.1 The Prize for each Competition shall be as described on the Competition Page.
5.2 Whilst We shall endeavour to describe each Prize as accurately as reasonably possible, the Entrant acknowledges that opinions which We express about the quality, performance and value of a Prize are subjective. If any specific details about a Prize are particularly important to an Entrant, they must make their own enquiries to satisfy themselves as to the suitability of the Prize before entering the Competition.
5.3 In some cases, We shall offer the option of a Cash Alternative. However, the Competition Winner shall have no entitlement to a Cash Alternative unless We have advertised its availability on the Competition Page or otherwise offered it at our entire discretion. For the avoidance of doubt, the Cash Alternative shall not necessarily be identical in amount to the advertised value of a physical Prize.
5.4 When publishing the details of a Competition, We shall specify the Entry Fee, the total number of available Entries, opening Date, opening Time, closing date and closing time of the Competition.
5.5 Whilst the standard Entry Fee shall be fixed for the term of a Competition, We may offer early bird discounts, special offers and multi-buy discounts at any time. Any such discounts and offers shall not apply retrospectively.
5.6 We may change the opening date or closing date of the Competition where we consider it reasonable to do so and any such variation shall be published on the Competition Page. In particular, We may (i) bring the closing date of a Competition forward once We have sold all of the available Entries for that Competition or (ii) delay the closing date of a Competition by up to six weeks if We have not reached the Threshold for that Competition.
5.7 If We do not reach Our Threshold for a Competition, We shall decide whether or not to extend the Closing Date. If We decide not to extend the Closing Date or if We extend the Closing Date but still do not reach the Threshold, We may then withdraw the Prize and any Cash Alternative which We have advertised. In such circumstances, we shall offer a substitute prize, which shall be a cash payment equivalent to 80% of the net revenue which We have earned from the Competition after deducting our card processing/transaction fees and any taxes.
6. REGISTERING FOR AN ACCOUNT
6.1 Entrants must have registered for an account on Our Website to enter a Competition. Entrants shall not be charged for registering for an account.
6.2 Entrants are responsible for ensuring that they provide the correct email address and contact telephone number when registering with Us. We shall not be liable for any failure by an Entrant to provide the correct contact information.
7. PAID ENTRY METHOD
7.1 To enter a Competition through the Website, an Entrant must answer the Competition Question, select the number of Entries which they wish to purchase and complete the online checkout process by paying the Entry Fee for each Entry. The Entry Fee must be paid by credit or debit card using the card payment service on Our Website. Payments by cash, cheque, postal order, electronic funds transfer or by another other method are not acceptable.
7.2 Following an Entry, We shall email the Entrant to confirm receipt of their Entry and to notify them of their Ticket Number(s). For the avoidance of doubt, the provision of a ticket number does not necessarily mean that the Entrant answered the question correctly but, if a ticket is drawn and the question had been answered incorrectly, the provisions of clause 10.4 will apply. If an Entrant does not receive an email with their Ticket Number(s), they should check their Spam or Junk folders before contacting us.
7.3 We may specify an upper limit on the number of Entries which an individual Entrant may purchase for a Competition. Any such limit shall be specified on the Competition Page.
7.4 We may cancel an Entry without refund of the Entry Fee if (i) We establish that an Entrant was not eligible to enter the Competition (ii) by entering the Competition, the Entrant has otherwise breached these Terms or (iii) the Entrant has done anything to disrupt, hack, reverse engineer or otherwise interfere with the functionality of the Website.
7.5 Ticket Numbers are allocated immediately upon completion of the checkout process on our Website. Entrants shall have no right to cancel their Entry or any entitlement to a refund of their Entry Fee unless We close a Competition without holding a Draw.
7.6 Entrants must not attempt to avoid any maximum Entry number which We specify for a Competition by using multiple accounts, multiple addresses or by entering a Competition in someone else’s name.
8. FREE POSTAL ENTRY METHOD
8.1 Postal Entrants must first register for an account on Our Website .
8.2 A Postal Entrant may make a Postal Entry without paying an Entry Fee by sending a plain white postcard by post to 701 Stonehouse Park, Sperry Way, Stonehouse, Gloucestershire, GL10 3UT. The Postal Entry must be in the English language and must show the Postal Entrant’s name, home address, date of birth, contact telephone number, the email address associated with the Postal Entrant’s account on the Website, the name of the Competition to which the Postal Entry relates, the answer to the Competition Question and the following statement: “I confirm that I agree to Superb Giveaways’ Terms & Conditions and I have viewed Superb Giveaways’ Privacy Notice.”
8.3 Any non-compliant, incomplete, damaged, defaced or illegible Postal Entries shall be deemed to be ineligible and discarded.
8.4 A Postal Entrant may submit one Postal Entry per Competition. Duplicate submissions and bulk submissions within the same envelope or package shall not be accepted.
8.5 Postal Entrants must not use multiple accounts to submit multiple Postal Entries. If We identify any such behaviour, We reserve the right to cancel all relevant Postal Entries.
8.6 We shall not acknowledge Postal Entries upon receipt but shall allocate ticket numbers to properly submitted Postal Entries as soon as reasonably practicable and in any event at least once every seven Business Days. To prevent manipulation of the Draw odds through the deliberate submission of incorrect answers, We shall only allocate a Ticket Number to Postal Entries which have the correct answer to the Competition Question. When We allocate a Ticket Number, the Postal Entrant shall be sent an automated email from Us.
8.7 We shall not be liable if any Postal Entry is lost in the post, if the Postal Entrant fails to pay the correct postage for the Postal Entry, or if it is received after the Competition has closed. In particular, Postal Entrants must note that we may bring forward the Closing Date of a Competition under clause 5.5. Postal Entrants should therefore submit their Postal Entry at the earliest opportunity.
9. PUBLICATION OF ENTRANT LIST
9.1 To ensure that Competitions are operated transparently, We shall publish an Entrant List on Our Website for each Competition. The Entrant List shall show the Entrants’ names, order numbers and ticket numbers. The Entrant List shall usually be published on the day of the Draw and shall be removed within four weeks of the Draw being completed.
9.2 If an Entrant does not wish for their name to be published on an Entrant List, they must notify Us by email at least 48 hours before the date of the Draw. In such event, We will usually replace the Entrant’s name with their initials.
10. DRAWING A COMPETITION WINNER
10.1 We shall broadcast each Draw live on Facebook at or around the time specified on the Competition Page.
10.2 Whilst We shall use all reasonable endeavours to hold the Draw at the published time, We shall not be liable for any delay to the Draw which is caused by any internet outage, technical difficulties or other extenuating circumstances. In such event, We may choose to postpone the Draw until the next convenient day.
10.3 To select a Competition Winner, We shall use Google’s random number generate to pick a random number from the range of Ticket Numbers allocated prior to the Draw. The Entrant whose Ticket Number is selected shall be provisionally deemed to be the Competition Winner.
10.4 Following the provisional selection of a Competition Winner, We shall check their Entry to verify that they have answered the Competition Question correctly. If they have answered the Competition Question correctly, they shall be confirmed as the Competition Winner. If they have not answered the Competition Question correctly, they shall not be confirmed as the Competition Winner and We shall select an alternative Ticket Number using the process in clause 10.3.
10.5 We shall endeavour to contact the Competition Winner live on Facebook to notify them that they have won the Competition. If We are unable to contact them for any reason, We shall use reasonable endeavours to contact them by (i) sending a text message and email and (ii) publishing their name on Our Facebook page and, where possible, tagging them in the post.
10.6 If We have not heard back from the Competition Winner within fifteen Business Days of the Draw, they shall be deemed to have forfeited the Prize and shall have no further entitlement to any Prize. We shall then hold another Draw to select an alternative Competition Winner. This process shall continue until We have successfully drawn and contacted a Competition Winner.
10.7 Our decision in respect of the Competition Winner shall be final and We shall not enter into any correspondence about the matter.
11. DELIVERY OF PRIZE
11.1 We warrant that We are entitled to transfer the Prize to the Competition Winner and that they shall receive good legal title to the Prize.
11.2 When delivering a Prize in person, We shall require the Competition Winner to pose for a photograph and/or video with the Prize and our branded display sign. We shall use such photograph and/or video in accordance with clause 13.
11.3 If the Prize is a motor vehicle:
11.3.1 Unless otherwise specified on the Competition Page, We shall deliver the Prize anywhere within the mainland of England, Scotland and Wales (Mainland). If the Competition Winner is based outside of the Mainland, they must arrange to travel to a mutually-agreed location on the Mainland to receive the Prize and shall bear any costs associated with removing the Prize from the Mainland;
11.3.2 The Competition Winner shall be responsible for arranging and paying any road fund licence and insurance costs from the point of delivery;
11.3.3 We shall require the Competition Winner to produce identification documents so that We are satisfied that We are delivering the Prize to the correct person; and
11.3.4 The Competition Winner must cooperate with our vehicle handover process as a condition of receiving the Prize.
11.4 If a Prize is damaged prior to being handed over to the Competition Winner and:
11.4.1 It is economically viable to repair the Prize so that it is in substantially the same condition as it had been prior to the damage being incurred, We shall arrange a repair and then deliver the Prize upon completion of such repair; or
11.4.2 It is not economically viable to repair the Prize so that it is in substantially the same condition as it had been prior to the damage being incurred, We may replace the Prize with a Cash Alternative, which shall be payable upon receipt of our insurance claim being settled
but, in either case, We shall not be liable for any delay in delivering the Prize or Cash Alternative as applicable.
11.5 If the Competition Winner is unavailable or otherwise fails to receive the Prize at an agreed time, We shall return the Prize to our premises. The Competition Winner shall then be responsible for collecting the Prize from our premises, at their own cost, within ten Business Days. If the Competition Winner fails to do so, they shall forfeit the Prize without entitlement to compensation or any other payment due in lieu of the Prize. We shall then select an alternative Competition Winner for the Prize in accordance with the process set out in clause 10.
11.6 If the Competition Winner is unhappy with the Prize for any reason, they may refuse to accept delivery of the Prize. In such event, the Competition Winner shall be deemed to have rejected the Prize without entitlement to compensation or any other payment due in lieu of the Prize. We shall then select an alternative Competition Winner for the Prize in accordance with the process set out in clause 10.
12. CASH PAYMENTS
12.1 If the Competition Winner has won a cash payment or otherwise opted to receive a Cash Alternative, the Competition Winner must within ten Business Days of request:
12.1.1 Provide the details of a bank or building society account in their own name (whether sole or joint) for us to transfer the payment;
12.1.2 Provide proof of identity and address to comply with any Anti Money Laundering obligations; and
12.1.3 Confirm in writing that they have agreed to accept the cash payment in full and final settlement of any entitlement which they have in respect of the Competition.
12.2 If the Competition Winner fails to comply with clause 12.1, they shall forfeit their entitlement under the Competition without compensation or any other payment in lieu of the Prize. We shall then select an alternative Competition Winner for the Prize in accordance with the process set out in clause 10.
12.3 All cash payments shall be made in Pounds Sterling. If the Competition Winner’s bank account is held in any other currency, the Competition Winner shall bear any banking and currency conversion charges incurred as a result of receiving a payment in Pounds Sterling.
It is a condition of entering a Competition that, if selected as a Competition Winner, the Entrant irrevocably agrees to their name, town of residence, Prize details and photograph/video being published on Our Website and in any electronic advertisement, social media post or print-based promotional material which We may produce from time to time.
14. DATA USAGE
14.1 We shall control and process personal data relating to Entrants in accordance with the privacy notice which is published at https://superbgiveaways.com/pages/privacy-notice.
14.2 We are registered as a data controller with the Information Commissioner’s Office. Our registration number is C1140361.
15.1 Our Competitions are operated honestly and in good faith. We will communicate with Entrants in a polite and respectful manner at all times and, if an Entrant does not feel that We have reached this standard, they should let Us know.
15.2 Likewise, We expect Entrants to ensure that all communications with Us through any method, including social media and instant messaging, are polite and respectful. In particular, We will not tolerate any aggressive, abusive, threating or discriminatory language or behaviour. If an Entrant breaches this clause, We may notify them that they are no longer permitted to enter Our Competitions, for either a limited period or indefinitely.
16.1 SUBJECT TO CLAUSE 16.4, OUR TOTAL LIABILITY TO AN ENTRANT IN RESPECT OF ANY CLAIM OR SERIES OF CLAIMS (WHETHER IN CONTRACT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS IS LIMITED TO A SUM EQUIVALENT TO THE TOTAL AMOUNT SPENT BY THE ENTRANT ON ENTRY FEES IN RESPECT OF THE COMPETITION IN RELATION TO WHICH SUCH CLAIM OR SERIES OF CLAIMS RELATES OR £500, WHICHEVER IS GREATER.
16.2 If the Prize is a used motor vehicle, We shall ensure that it is delivered with a valid MOT (where required), serviced in accordance with the service history stated on Our Website, and in a condition which We consider to be roadworthy and suitable for personal use. However, used motor vehicles (i) will inevitably have wear and tear and should not be expected to be in an “as new condition” and (ii) may develop faults at any time and without warning. We therefore shall not be liable to the Competition Winner for (i) any costs which are incurred in relation to the vehicle after We have delivered it or (ii) any losses arising out of or in connection with any breakdown, accident or fault relating to the vehicle.
16.3 We shall not be liable for any interruption to the availability of Our Website, any downtime or any inability to purchase Entries which is caused by Our Website being inaccessible for any reason.
16.4 For the avoidance of doubt, We do not limit or exclude Our liability for death or personal injury which is caused by Our negligence, for fraud or fraudulent misrepresentation or for any other type of liability which may not be limited or excluded by law.
17.1 Entrants may not assign any of their rights under these Terms to any third party.
17.2 If any provision of these Terms is determined by a court to be unenforceable to any extent, such provision shall, to that extent, be severed from the Terms, which shall continue to be valid to the fullest extent permitted by law.
17.3 These Terms shall not be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.
17.4 We shall not be in breach of these Terms nor liable for any delay in performing or failure to perform, any of Our obligations under these Terms if such delay or failure result from events, circumstances or causes beyond Our reasonable control. In such circumstances, We shall be entitled to a reasonable extension of the time for performing such obligations.
17.5 These Terms shall be interpreted in accordance with English law.
17.6 The parties irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute or claim arising between the parties in relation to the construction, interpretation or performance of these Terms.