Win a MINI Cooper Terms and ConditionsFriday 26 December 2014, by The Media Team
Article 1: Promoter
The company Gumtree.com Limited, 5 New Street Square, London, United Kingdom, EC4A 3TW, organizes a competition named “Win a car”, hereinafter referred to as “the Promotion”.
Article 2: Notice of the Promotion
The Promotion and the Terms and Conditions will be available on the Gumtree blog at: http://blog.gumtree.com/win-a-mini-cooper-terms-and-conditions
Article 3: Entry
a) Information on how to enter and prizes form part of these Terms and Conditions. Participation in the Promotion is deemed acceptance of these Terms and Conditions. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotional Materials (as defined in article 12 below) and the Terms and Conditions, the Terms and Conditions shall prevail, govern and control.
b) Employees of the Promoter, its affiliates, suppliers, distributors and their immediate families as well as the partner agency associated with the Promotion (namely, the Company Mycleveragency, a company registered in Scotland under n° SC359459 located 24 Great King St, Edinburgh, EH3 6QN), are ineligible to enter.
c) The Promotion is opened only to residents belonging to the United Kingdom, who are 18 of age or older as of 25/12/2014.
d) Entry is free, without any obligation to purchase.
Article 4: Duration of the Promotion
Promotion commences on 26/12/2014 at 09:00 am GMT and closes on 31/12/2014 at 11:59 pm GMT (the “Entry Period”)
Article 5: Definition and value of the prize
a) The winner’s prize consists of one (1) 2013 second-hand MINI Roadster 2.0 Cooper SD 2 doors.
Herein referred to as the “Prize”.
b) The Prize must be taken as offered. The Prize, or any unused portion of the Prize, is not transferable or exchangeable (against its value in cash or against any other prize). In the event that the Prize is not available, the Promoter reserves the right to substitute it in its sole discretion to the same and equal recommended retail value and/or specification.
c) The Promoter accepts no responsibility for any variation in the Prize value.
d) The Prize’s winner will be drawn using a random number generator from all entries, following the process described in article 6 below, during the Entry Period for a unique winner. Drawing will be conducted by Mycleveragency, at their office as mentioned in article 3 b), acting independently, whose decisions will be final. The winners will be notified by email or phone by the Promoter or Mycleveragency, which each entrant irrevocably accepts by participating in the Promotion.
e) The winner will be notified by the Promoter or Mycleveragency within 2 working days as from 02/01/2015. Without any correspondence from the winner within 5 working days following the notification sent by the Promoter or Mycleveragency, the Prize will be considered as lost for such winner. In such a case, an alternative winner will be drawn in the manner described at section 5(d) above.
Not more than one (1) prize will be granted to the unique winner for the whole duration of the Promotion. Contestants can enter once per Facebook account.
f) It is a condition of taking any prize that a winning entrant may be required to sign a legal release in a form determined by the Promoter.
Article 6: Modalities and validity of entries
a) To enter the Promotion, entrants must complete the following steps:
- Entrants must visit a specific advert on Gumtree.com, that contains The Prize
- Users must reply to the advert with the following details
i. Full name
ii. Email address
iii. Telephone number
b) The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process or who submits an entry that is not in accordance with these Terms and Conditions.
c) Any entrant attempting to ‘game’ the competition will be subject to disqualification.
d) The Promoter reserves the right to disqualify a winner and to choose another winner if:
(i) the winner breaches any part of the present Terms and Conditions and/or of the Promoter’s rules and policies;
e) In case a winner is disqualified under article 6 d) above, the winner forfeits the Prize as set out in article 5 a) above and shall not be entitled to any compensation from or further liability of the Promoter.
Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and should such attempt be made, the Promoter reserves the right to seek damages from any such person to the fullest extent permitted by law.
Article 7: Personal Information
a) By accepting the Prize, the winner irrevocably grants to the Promoter permission to use his/her name, likeness, biographical information and/or information related to the Promoter in the Promoter’s literature, on the Promoter’s social channels and/or on the Promoter’s website for publicity, promotional or advertising purposes without additional compensation, except where prohibited by law.
b) All personal details of the entrants will be stored at the office of the Promoter and/or its partner as indicated above.
c) If the winner wishes to forgo the Prize altogether, the winner must notify the Promoter within 2 working days of the Promoter’s, or Mycleveragency’s, initial notification. After the 2-day period has expired, the Promoter will conduct a new draw and an alternative winner will be selected in accordance with article 5(d) above.
Article 8: Liability
a) It is expressly stated that the Internet is not a secured network. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees, agents and affiliates) excludes all liability (including negligence), for any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoters control); (b) any theft, unauthorized access or third party interference; (c) any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; and/or (f) use of Prize. Nothing in these terms shall limit the Promoter’s liability for death, personal injury or fraud.
b) By entering the Promotion, any entrant hereby represents and warrants that he/she has read these Terms and Conditions and is fully familiar with its content.
Article 9: Modification and/or interpretation of the Terms and Conditions
a) If the Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law a) to disqualify any entrant or b) to modify, suspend, terminate or cancel the Promotion as appropriate c) replace an entrant with an alternative entry in the case of disqualification.
b) The Promoter will settle, in its sole discretion, any question relating to the application of the Terms and Conditions or any question that may arise, unresolved by the latter. These settlement decisions will be final.
Article 10: Independence from Facebook
The Promoter is in no way sponsored, endorsed or administered by, or associated with, Facebook. By accepting these terms and conditions each entrant fully releases Facebook from any liability arising from, or connected to, the Promotion. All data collected during the submission stage of the competition is the property of the Promoter, not Facebook.
Article 11: Winner’s name
The name of the one (1) winner will be available on the Promoter’s Facebook Page within 4 days following the closure of the Entry period.
Article 12: Promotional material
Although the Promoter will use reasonable efforts to ensure that all information relating to the Promotion (“Promotional Material”) is accurate, the Promoter is not responsible for any problems or technical malfunctions of any communications network, online system or computer hardware or software failure that may affect the Promoter’s operation of the Promotion or the site, including without limitation the accuracy of any Promotional Material.
Article 13: Governing law and Jurisdiction
The Promotion and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales and any entrant irrevocably agrees that the courts of London shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Promotion or its subject matter or formation.
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