Where you see capitalised words in these Terms & Conditions, the following definitions and descriptions shall apply:
“Competition”: an opportunity for a Participant to answer a survey and/or question and for each correct answer, will be entered into the relevant Draw.
“Draw”: the Google random number generator will be used by Motion Competitions to select a Winner from the eligible entries per Competition.
“Motion Competitions” (also referred to as “we”, “us”, “our”): Motion Competitions Ltd., Company No. SC673859 having its registered office address at 123 Ocean Apartments, 52-54 Park Road, Aberdeen AB24 5RZ.
“Participant” (also referred to as “you”, “your”, “their”): any person who has legal capacity, aged 18 and over, with an address in Great Britain, who enters the Competition in compliance with these Terms & Conditions but shall not include any employees of Motion Competitions.
“Prize”: the item made available to the Winner of the relevant Competition and, unless stated otherwise on the Website, only one Prize is available per Competition.
“Winner”: the Participant who has entered the Competition and who has been randomly selected via the Draw to win the Prize and, unless stated otherwise on the Website, there will only be one Winner per Competition. For the purposes of these Terms & Conditions, a “runner up” will also be deemed a Winner.
1. Entering a Competition
1.1 Entry into a Competition is dependent on your acceptance of these Terms & Conditions and by entering the Competition, you confirm your acceptance of these Terms & Conditions.
1.2 In order to enter a Competition, Participants must create an account on the Website. By creating an account, Participants agree to provide their full name, age, address and contact details which must include a valid email address and phone number. This information will be used by Motion Competitions to:
(i) inform the Participant that they are a Winner;
(ii) display the Winner’s name and town of residence on the Website and/or social media accounts (including but not limited to Facebook and Instagram);
1.3 In order to enter a Competition via the Website, you must:
(a) Log into your account – it is recommended that you check your details prior to each entry to ensure your contact information is up-to-date. The information will be used by Motion Competitions as described in Clause 1.2 above.
(b) Select the relevant Competition and answer the survey and/or question – all Competitions are skill-based and only entries which contain the correct answer, which matches the same answer as held by Motion Competitions, will be entered into the Competition.
(c) Select the number of entries and add to your cart – the Website will specify if tickets are subject to any restrictions such as a maximum number of entries per Participant.
(d) Proceed to checkout – to finalise your entry into the Competition, you will be asked to provide payment details using the method identified on the Website and payment must be in GBP (£). Once the entry is submitted, payment will be taken from the card number supplied and a confirmation slip will be emailed to the email address provided. You will also be able to access your order details via your account.
Payment is made for the opportunity to answer the survey and/or question correctly and does not guarantee in any way that a Participant will win a Prize. If your answer is correct, a random ticket number will be generated and will appear on your order details. If your answer is incorrect, you will still be charged and refunds will not be permitted. Motion Competitions’ decision is final.
1.4 Participants may also enter a Competition for free by complying with the following conditions:
(a) Send your entry by first or second class post to Motion Competitions at the following address: 123 Ocean Apartments, 52-54 Park Road, Aberdeen AB24 5RZ.
(b) Include with your entry the following information:
(i) your username on the Website;
(ii) your full name, address and date of birth;
(iii) a contact telephone number and email address;
(iv) the Competition you wish to enter;
(v) your answer to the Competition survey and/or question – all Competitions are skill-based and only entries which contain the correct answer, which matches the same answer as held by Motion Competitions, will be entered into the Competition.
(c) Participants acknowledge by entering via this route:
(i) incomplete or ineligible entries will be disqualified;
(ii) only one free entry per Competition is permitted;
(iii) free entries must be received by Motion Competitions before the closing date of the relevant Competition, as displayed on the Website. If the number of paid entries reaches the minimum number of entries before the free entry is received, you will not be entered into the Draw;
(iv) Motion Competitions will not acknowledge receipt of your entry however, if the correct answer is submitted in accordance with these Terms & Conditions, a random ticket number will be generated and added to your account;
(v) postage is at the Participant’s cost and will not be reimbursed under any circumstances.
(vi) Motion Competitions shall not be responsible for any delays and/or lost entries caused by the postal service.
(vii) Bulk and entries posted directly through our letterbox will not be permitted.
1.5 Unless stated otherwise on the relevant Competition or within these Terms & Conditions, a Participant is permitted to submit multiple entries for the same Competition, provided each entry is in compliance with these Terms & Conditions. Motion Competitions may run multiple Competitions at any one time.
1.6 Motion Competitions reserve the right to cancel a Competition at any time. Any entries will be refunded via the original payment method save for postage costs. No refunds of any other kind or for any other reason shall be permitted.
1.7 Motion Competitions may run free Competitions from time to time via its Website or social media accounts (including but not limited to Facebook and Instagram). In such instances, these Terms & Conditions shall also apply save for the requirement to make payment and shall be subject to any special instructions stated in the relevant Competition post.
2. The Prize
2.1 All Prizes are non-exchangeable, non-transferable and not redeemable for cash or any other items from other Competitions (in whole or in part).
2.2 Motion Competitions reserve the right to substitute the Prize with another item of similar value in the event the original Prize is unavailable due to unforeseen circumstances or reasons outwith Motion Competitions’ control.
2.3 Prizes are provided “as is” without guarantee of the value and without warranty of any kind, either express or implied, (including but not limited to) the implied warranties of merchantability, fitness for a particular purpose, roadworthiness or non-infringement. It is the Participant’s responsibility to make any enquiries, legal or otherwise, to satisfy itself prior to entering the Competition.
3. The Draw
3.1 The Draw will take place upon the earlier of:
(i) the closing date of the relevant Competition; or
(ii) once the minimum number of Participants have entered the relevant Competition.
The closing date and minimum number of Participants will be displayed on the Website.
3.2 The Draw will be performed as soon as reasonably practical after the closing date.
3.3 We will use the Google random number generator and the Draw will be recorded and/or live streamed on Motion Competitions’ Facebook page. In the event of a live stream, we will endeavour to share details of the date/time of the Draw in advance on Motion Competitions’ Facebook page.
4. Claiming the Prize
4.1 The Winner will be notified using the email address provided and will be requested to respond to Motion Competitions in order to acknowledge acceptance of the Prize. We may follow up by telephone in the event a response is not received from the Winner within seven (7) days of our initial email. Motions Competitions shall not be liable for any failure or inability to contact the Winner due to any errors or inaccuracies in the contact details provided.
4.2 In the event the Winner:
(i) does not respond within seven (7) days of the initial email and cannot be contacted by telephone;
(ii) does not wish to accept the Prize;
(iii) Motion Competitions has reasonable grounds to believe that a Participant has contravened these Terms & Conditions; or
(iv) has been disqualified,
Motion Competitions reserve the right to re-run the Draw to select a replacement Winner who will then have seven (7) days to accept the Prize following the same process under Clause 4.1 above. Once a replacement Winner has been drawn, the original Winner forfeits its claim to the Prize. This process will continue until a Winner claims the Prize within the required timeline. Motion Competition’s decision shall be final and shall not be open to appeal.
4.3 Once the Prize has been acknowledged and accepted by the Winner, Motion Competitions will arrange for delivery at its cost. If hand delivery is not possible, a tracked service with a reputable company will be used to establish proof of delivery. If the Winner wishes to place insurance or request any services over and above the tracked service which is offered, such additional expenses shall be borne by the Winner and must be paid prior to delivery. The Winner shall also be liable for any redelivery charges incurred by Motion Competitions as a result of the Winner’s fault. Once proof of delivery has been secured, Motion Competitions shall not have any responsibility in relation to the Prize.
4.4 Cash Prizes only: Any cash Prize will be transferred directly to the Winner’s nominated bank account in GBP (£). The Winner must provide evidence that it is the sole or joint beneficiary of the bank account. Failure to do so within seven (7) days will result in disqualification from the Competition and the Winner forfeiting the prize.
4.5 Motor Prizes only: In the event the Prize is a motor vehicle, ownership and responsibility will be transferred from Motion Competitions to the Winner using the v5 form for the vehicle which must be completed prior to delivery. The Winner accepts and acknowledges that it is the Winner’s responsibility to tax and insure the vehicle.
4.6 The Winner may be asked to take part in promotional activity related to the Competition and following acceptance of the Prize, will require the Winners consent to participate in such activity upon Motion Competition’s reasonable request. Such promotional activity may involve posts on Motion Competition’s Website and/or social media accounts (including but not limited to Facebook and Instagram). Such posts may display the Winner’s name, town of residence, a photograph and/or video of the Winner with the Prize.
5. Data Protection
5.2 It is the Participant’s responsibility to ensure the correct details have been submitted as part of their entry into a Competition.
5.3 Participants will have the opportunity to update their contact details and preferences via their account on the Website at any time.
5.4 By providing an e-mail address at the time of creating an account, Participants agree to receive emails from Motion Competitions about other Competitions that we think may interest you. You will be given the opportunity to unsubscribe on every email that we send.
5.5 Motion Competitions may require you to provide proof that you are eligible to enter a Competition. If you fail to provide Motion Competitions with any such proof or other information that we may require within a reasonable time, you may be disqualified from the Competition.
5.6 In the event you wish for your details to be removed from Motion Competitions’ database, save for any records Motion Competitions require to maintain for audit purposes, you will need to submit a request to firstname.lastname@example.org. If you make such a request, you will be withdrawn from any live Competitions as it will not be possible to contact you in the event that your entry is successful. You will not be entitled to a refund if you withdraw.
6.1 In no event shall Motion Competition’s total liability for all damages, losses, liabilities or causes of action exceed a sum equivalent to:
(i) the relevant Prize won by the Winner; or
(ii) for non-Winners, the cumulative price paid by the Participant to enter Competitions in the current financial year being the same set by HMRC.
6.2 Motion Competitions do not accept responsibility for any damage, losses, liabilities (including those which were reasonably foreseeable, or which we would have anticipated that you might incur due to a special circumstance of which we were aware), injury or disappointment incurred or suffered by you as a result of entering a Competition, not being able to enter into a Competition or accepting any Prize. Motion Competitions further disclaim liability for any injury or damage to your or any other person’s computer or IT systems relating to or resulting from participation in or downloading of any materials in connection with a Competition, or for failure to enter or be drawn from a Competition due to malfunctions in computer systems, high internet traffic, hardware or software failure, server faults or any other technical reason. Should for any reason the Competition or the Draw experience technical difficulties, Motion Competitions reserve the right to proceed with any action it deems reasonable in the circumstances.
6.3 Motion Competitions shall not be liable for any delay or non-performance caused by something outwith our reasonable control.
6.4 Motion Competitions shall have the right, where deemed necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid claims including but not limited to requiring further verification as to the identity, age, and other relevant details of a Participant.
6.5 Motion Competitions reserve all rights to disqualify you if your conduct is contrary to the spirit or intention of the Competition.
6.6 Participants agree that the normal requirement under the Consumer Contracts Regulations for any goods or services ordered online to be supplied within 30 days shall not apply to any Competitions or Prizes.
6.7 The Competitions on the Website are in no way sponsored, endorsed, administered by or associated with Facebook and/or Instagram. By entering the Competitions, Participants agree that neither Facebook nor Instagram have any liability and they are not responsible for the administration or promotion of the Competitions.
6.8 Nothing in these Terms & Conditions shall exclude the liability of Motion Competitions for death or personal injury as a result of its negligence, or for fraud or fraudulent misrepresentation.
7.1 If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms & Conditions and the remaining Terms & Conditions shall survive and remain in full force and effect.
7.2 These Terms & Conditions constitute the entire agreement between the relevant Participant and Motion Competitions and supersedes all prior negotiations, representations (other than fraudulent) or agreements related to these Terms & Conditions, whether written or oral.
7.3 Prior to committing any legal action, it is a condition that the affected persons agree to formally notify Motion Competitions in writing by first class recorded mail to its registered office address, together with details of the alleged dispute, in order to attempt to resolve matters amicably within a period of sixty (60) days from Motion Competitions’ receipt of the notice.
7.4 These Terms & Conditions shall be governed by the laws of Scotland and any dispute arising out of or in connection with the subject matter shall be subject to the exclusive jurisdiction of the Scottish courts.
7.5 Motion Competitions reserve the right to amend these Terms & Conditions at any time. Any amendments will be published on the Website as soon as reasonably practicable.
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