TERMS AND CONDITIONS –
STANDARD COMPETITION TERMS
1. Qualifying Persons:
1.1 PrizeApe.com ('Promoter', 'our(s)') operate Prize Competitions – knowledge/Skill based game(s) resulting in a ballot and subsequent allocation of prize(s) in accordance with the terms and conditions on the website www.prizeape.com (the 'Website') - (the 'Competition(s)').
1.2 The Competitions are open to all persons aged 16 and over and the age of majority in their country of residence. Competition is not open to the Promoter's employees or members of their immediate family, agents or any other person who is connected with the creation or administration of our Competitions.
2. Legal Undertaking:
2.1 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 or future competitions entered using www.prizeape.com.
2.2 Competitions are wholly governed by English Law. Any matter(s) relating to the Prize Competition will be resolved under English Law and the Courts of England shall have exclusive jurisdiction.
2.3 In the event that you participate in a Competition via the Website, 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.
3. Competition Entry:
3.1 Competitions may be entered online via the Website (www.prizeape.com). One or more Competitions may be operated at the same time and each Competition will have a specific prize option and fee at time of entry. Free entry competitions are limited to one entry per person.
3.2 Availability and pricing of Competitions is at the discretion of the Promoter and will be specified at the point of sale on the Website. If the prize is no longer (for unforeseen reasons) available, or competition fails to reach the required prize fund amount in the subscribed competition time scale, a cash alternative will be awarded to the allocated % of sales received during that competition at the discretion of the Promoter less administration costings and charitable donation.
3.3 PrizeApe Account(s) are not required in order to enter a Prize Competition, you will need to register an account with PrizeApe for express checkout. (a) You can register an account online at www.prizeape.com. To register an account online you will be asked to provide an email address (b) Please note that your email address will also be the username that you use to log in to your account. Each account can only have one username attributed to it at any given time. Therefore, you cannot attribute multiple email addresses to your PrizeApe Account.
3.4 When playing a Competition online, 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 Prize Competition terms and conditions; (b) Play the Quiz (multiple choice Questions) in accordance with rule 5 (c) when your payment has cleared we will then contact you by email to confirm your entry into the Competition and later results of the quiz and subsequent draw. Please note that when entering you will not be deemed ‘entered’ into the Competition until we confirm your Ticket(s) payment order back to you by email.
3.5 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.
3.6 To the extent permitted by applicable law, all Entries and funds from Entries become our property and will not be returned.
3.7 Prize Competitions: Entries (tickets) are not limited to a maximum per person. If the Promoter has reasonable grounds to believe that an individual is entering using multiple accounts, it reserves the right at its sole discretion to void any orders, or to award any prize to the next correct and drawn individual.
4. Promotional Periods:
4.1 Each Prize Competition will run for a specified period (Usually 2-6 months). Please see each Competition for details of start and end times and dates ('Promotion Period(s)') will be published along with qualifying dates/time periods.
5. Prize Competition Round and subsequent draw:
5.1 Within five (5) days of the end of the respective Competition, the Prize Draw will choose a winner against the database of correct and valid entries received by the Promoter. Winners: (the 'First Prize Winner') of the prize will be drawn first, if subsequent prizes exist, these will be drawn in chronological order (1st, 2nd, 3rd). The First Prize Winner will be the person who correctly answers all quiz elements and is randomly chosen as so from the bank of correct entries.
5.2 The Runners Up: Will be chosen using the same process as set out in accordance with rule 5.1.
5.3 The First Prize Winner and the Runners Up (If Prize Competition has multiple prizes) are all referred to as 'Winner(s)'.
5.4 The Promoter will attempt to contact Winner(s) using the telephone numbers and email address provided at the time of Entry (or as subsequently updated to the account by the entrant) and held securely in our database. It is the Entrant's sole responsibility to check and update these details. If for any reason they are taken down incorrectly, the Promoter will not be held responsible. Entrants must carefully check their contact details have been recorded correctly.
5.5 If for any reason the Promoter is unable to contact a Winner within 7 days (which may be extended at the sole discretion of the Promoter) of the end of a Competition or the Winner fails to confirm acceptance of the prize or the Winner is disqualified as a result of contravening any of these terms and conditions, the Winner will forfeit the prize and it will be awarded to the Entrant next drawn by the process 5.1. For the avoidance of doubt once the prize has been forfeited the original Winner, Runners up Entrants will have no further claims against the Promoter.
5.6 In the event that the Promoter closes a Competition early, the Winner will be selected from all valid and eligible Entries received by the Promoter up to the date of closure, except that the Promoter reserves the right, at its sole discretion, to close a Competition early without selecting a Winner. In the event that a Competition is closed without selecting a Winner, the Promoter will give all entrants Game Credit to enable them to replay equivalent Prize Competitions subsequently, or at the discretion of the promoter refund all entrants in full. The Promoter also reserves the right at its sole discretion to extend the closing date of any Competition in accordance to these terms and conditions.
5.7 All Entrants are automatically entered onto the Promoter's database for the purpose of conveying information as to the status of their Competition(s), as well as any future Promotion(s) or Competitions offered by the Promoter.
6. Winner's Details:
6.1 The First Prize Winner will be required to send a copy of their passport, driving licence or other formal identification of age to the Promoter to confirm their identity, age and also to prove that if the purchase was made by credit card that the card was legally theirs or that they had authorisation to use it, for sales of top tier items such as motor vehicles or holidays, before any prize will be paid or delivered. Any failure to meet these obligations may result in the First Prize Winner being disqualified and the Promoter choosing an alternate winner.
6.2 All Winners may also be required to pose for photographs and videos and/or provide photographs with the prizes, which may be used in future marketing and public relations by the Promoter in connection with the Competition, identifying them as a winner/winners of a Prize Competition.
6.3 Following receipt and verification of the details requested above by the Promoter, the Winners will be contacted in order to make arrangements for delivery of the prize. As detailed in the Prize Competition information on the Website.
7. Competition Prizes:
7.1 Prize Competitions: Prizes will vary in value and type dependant on the competition entered by you. If due to circumstances beyond the Promoter's control, the Promoter is unable to provide the stated First Prize, the Promoter reserves the right to award a selection of substitute prizes equal or greater value to that offered. (a) Cars/Bikes/Boats/Prizes owned and displayed on the website as prizes by the Promoter consist of both registered and unregistered vehicles. (b) If the First Prize Winner would like to take a car/bike or boat that the Promoter does not already own (provided that it has been offered as a prize by the Promoter on the Website, an order will be placed by the Promoter. Please note that if the Winner decides to do this, delivery may take up to 12 months for certain cars/bikes/boats and will be ordered in basic a basic specification. (c) All vehicles will be ordered in the UK from UK dealers only. (d) The First Prize will be delivered with UK VAT paid. Vehicles will only be delivered to UK addresses. (e) The Promoter will not pay towards the servicing and insurance for the vehicles won in Prize Competitions. It will be the Prize Winner's responsibility to organise their own insurance and pay for it as required by UK law.
7.2 All other expenses not expressly specified herein are the sole responsibility of the Winners. Including travel to destinations that may be won as an experience, such as track day events with a race instructor/ or travel to airport as part of a holiday. The winner will be required to liaise with a member of the PrizeApe team to arrange a suitable date and time to meet for an experience/ event. Postage overseas of any prize outside the UK will be at the Winners own expense.
7.3 All prizes are subject to the terms and conditions of the Promoter, prize provider, manufacturer or supplier relevant to the Competition and Prize offered and awarded.
7.4 Each First Prize must be accepted as is awarded and is non-transferable or convertible to other substitutes. It cannot be used in conjunction with any other vouchers, offers or discounts, including ‘without limitation’ any vouchers or offers of the Promoter or other prize suppliers.
8. Prize Storage Charge:
8.1 The Promoter can store the chosen/ won prize free of charge for 30 days after notifying the First Prize Winner. At the end of which time the First Prize will be delivered to the Winner. If unable to deliver, the Prize Winner ‘depending on circumstance’ may be liable to be charged for further storage at national storage rates for the item type in question (Car/Boat/Bike). Communication between the Promotor and Winner allow a solution if an issue exists.
9. Winners' Personal Data:
9.1 Acceptance of the prize by the Winner will mean they may be required to have their photo and or video taken by the Promoter for promotional purposes (Public Relations and Marketing), both immediately after their win and in the future for use in accordance with rule 6.2, unless prohibited by law.
9.2 By entering a Competition, you agree to the use of your name, region, and/or photograph or other likeness as required by the Promoter if you are declared a Winner.
10. Limits of Liability:
10.1 The Promoter makes no representations or warranties as to the quality/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 Promoter, the Promoter shall not be liable for any loss suffered or sustained to person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods by any person to the prize Winner(s) and, where applicable, to any family/persons accompanying the Winner(s), or in connection with any of the Competitions promoted by the Promoter.
11. Electronic Communications:
11.1 No responsibility will be accepted for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes. The Promoter shall use its best endeavours to award the prize for a Competition to the correct Entrant. If due to reasons of hardware, software or other computer related failure, or due to human error the prize is awarded incorrectly, the Promoter reserves the right to reclaim the Competition prize and award it to the correct Entrant, at its sole discretion and without admission of liability. In the event that the Promoter closes a Competition early, the Winner will be selected from all valid and eligible Entries received by the Promoter prior to the date of closure, except that the Promoter reserves the right, at its sole discretion, to close a Competition early without selecting a Winner. In the event that a Competition is closed without selecting a Winner, the Promoter will give all entrants Game Credit to enable them to replay equivalent Prize competitions in a subsequent competition. The Promoter also reserves the right at its sole discretion to extend the closing date of any Competition in accordance with rule 5.6.
11.2 The Promoter shall not be liable for any economic or other consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due. The Promoter shall use its best endeavours to ensure that the software and website(s) used to operate its Competitions perform correctly and accurately across the latest versions of popular internet, tablet and mobile browsers. The Promoter shall not be held liable for any competition entries that occur as a result of malfunctioning software or other event.
12. Data Protection:
12.1 Notice Any personal data that you supply to the Promoter or authorise the Promoter to obtain from a third party, for example, a credit card company, will be used by the Promoter to administer the Competition and fulfil prizes where applicable. In order to process, record and use your personal data the Promoter may disclose it to (i) any credit card company whose name you give; (ii) any person to whom the Promoter proposes to transfer any of the Promoter's rights and/or responsibilities under any agreement the Promoter may have with you; (iii) any person to whom the Promoter proposes to transfer its business or any part of it; (iv) comply with any legal or regulatory requirement of the Promoter in any country; and (v) prevent, detect or prosecute fraud and other crime. In order to process, use, record and disclose your personal data the Promoter may need to transfer such information outside the United Kingdom, in which event the Promoter is responsible for ensuring that your personal data continues to be adequately protected during the course of such transfer.
13.1 PrizeApe, Edinburgh Square, Waddington, Lincoln LN5 9NQ, UK. Tel: +44 7584162934 email: firstname.lastname@example.org Web: www.PrizeApe.com. A list of winner’s will be available on the Website. T&C Version 21.01.2018 v3