R44 PERFORMANCE LIMITED COMPETITION TERMS & CONDITIONS –
ALL CONTENT STRICTLY COPYRIGHT OF R44 PERFORMANCE LIMITED
Site Use (“Site”, “Website”, “App”)
By accessing this Site you agree to be bound by these terms and conditions and all other applicable laws. If you do not agree to be bound by these terms and conditions, please leave this Site.
- COMPANY
1.1 R44 PERFORMANCE LIMITED (“Company”) is a company engaged in the operation of free draws and skill-based games (“Competition”, “Competitions”) resulting in the distribution of prizes in accordance with these terms and conditions as shown on website r44performance.com
- ELIGIBILITY
2.1 Open to legal residents of the United Kingdom who are 18 years of age or older at time of entry (the “Entrant”). Company, and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (the “Promotion Entities”), are ineligible to enter any Competition run by Company. Immediate Family Members of such individuals are also not eligible to enter or win. “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
- HOW TO ENTER (“Enter”, “Entry”, “Entries”)
3.1 Entrants may take part in a Competition during the period of time where tickets are available and the Competition is active (“Promotion Period”) by visiting the page of the Competition, which can be found on the following website: r44performance.com. Company may run multiple Competitions simultaneously where each Competition has its own unique Prize. The number of tickets available and the pricing of tickets are unique to each Competition and are set by Company at its own discretion.
3.2 In order to Enter a Competition, Entrant must first create an account on the r44performance.com website and input their full details, including but not limited to: name, email address, phone number, and address. By Entering a Competition, each Entrant confirms they are eligible to do so in line with these terms and conditions and are eligible to claim any Prize that they may win. Eligible Entrants may then Enter their chosen Competition by following the instructions displayed on the Competition page. Once you have selected your answer to the question you can then complete your online order and you will receive an email confirming your payment has been successful. Confirmation of your order will also be shown and available to view within the account area when securely logged into your account on the website. Confirmation of payment and the issuance of ticket numbers does not guarantee Entrant an Entry to the Competition draw, in accordance with 3.3. Free entry option also available. Company reserves the right to update, amend, or change a question to a Competition where it may be required. In those instances, all correct answers already given to the previous question prior to it being updated will still be valid for Entry into the Competition draw.
3.4 Entrants may Enter each Competition up to a maximum stated number of times as shown on the Competition page, the maximum number of individual entries allowed can differ between each Competition. Entrant must first set up an account on r44performance.com in order to Enter any Competition. Entry without an account is not possible or permitted. Entry to a Competition is made via the Competition page. Entrant must register and create their own account, setting up multiple accounts or creating accounts on behalf of others is not permitted and may result in the termination of those accounts and disqualification of any entries.
3.5 Where two or more Entrants are assigned with the same number(s) for any given Competition available on the website r44performance.com, Company shall allow the Entrant who purchased the number first to keep it. Company will examine the timings that each payment was received and logged by our payment processor and will use this data to base our decision on which Entrant keeps the number. No further correspondence will be entered into and Company’s decision is final. The other Entrant(s) will be provided with another number at random from those remaining.
3.6 Alternative free entry option by post is also available, see 8.4. Paying to enter a Competition does not increase your chances of winning a Prize. The option of a free entry route to enter each Competition means that the Competition does not fall within the definition of a lottery under the scope of the Gambling Act 2005 and can be operated legally in Great Britain without the need for a licence.
3.7 Any attempt by Entrant to obtain more than the maximum stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial competition subscription notifications and/or entering services, will void Entrant’s Entries and that Entrant may be disqualified. Final eligibility for the award of any Prize is subject to eligibility verification as set forth in point 5.
3.8 All Entries must be made by the end of the Promotion Period in order to participate. Company’s database clock will be the official timekeeper for each Competition. Entering after a Competition has ended will result in your Entry not being counted and you may still be charged.
3.9 Company reserves the right to refuse an Entrant’s Entry to any Competition at its own discretion with no further correspondence being entered into. Company at its sole discretion may also request additional verification or terminate any user account that it may feel has been misusing the services provided, suspects the entries are not being made legitimately, including but not limited to, users registering multiple accounts, and/or operating accounts and/or making Competition entries on behalf of others, or as per 3.7.
3.10 To the extent permitted by law, all entries once made become property of Company and cannot be returned.
- WINNER SELECTION:
4.1 The Winner(s) of each Competition will be selected in a random drawing from all eligible Entries received throughout the Promotion Period. Company will use Google’s Random Number Generator to select each Winner. Each random drawing shall be conducted live on either Facebook, Instagram or YouTube within 7-10 days of the Competition finishing by Company or its designated representatives, whose decisions are final. Odds of winning will vary depending on the number of eligible Entries received.
4.2 Each Competition will finish when all available tickets have been taken or if it does not reach the required level of ticket sales. In the unlikely event that a Competition does not reach any required level of ticket sales, Company reserves the right at its sole discretion to extend the Promotion Period of any Competition by 10 days up to a maximum of 3 times. Should a Competition still not sell out or reach the required level of ticket sales after the extended periods, Company reserves the right at its sole discretion to offer a Cash Prize alternative which will be calculated using the following formula:
100% of the total ticket sales received during the Competition Promotion Period, minus 30% for Company administrative fees and a percentage of advertising costs incurred by Company in relation to that specific Competition.
4.3 Company also reserves the right to close any Competition early by calling an early draw. In those instances, the Winner will be drawn from all eligible Entries received by Company prior to the early closure date of the Competition being announced.
4.4 In the event of an error occurring during a Live Draw, including but not limited to, total loss of Live Stream, human error, or an incorrect range of ticket numbers being used, which may affect the Live Draw process, Company reserves the right to delay, restart, reschedule, and/or redraw the affected Competition(s) to establish a winning ticket number.
- VERIFICATION
5.1 In order to verify the identity and age of a Winner, Company will request from the Winner up to 3 different forms of official identification and/or proof of address within the last 3 months, prior to collecting their Prize. Failure of Winner verifying within 7 days of Company’s request that their identity, age, and address matches that of the Entrant’s information will result in the Winner being disqualified, the Prize being retained by Company, and another Winner being selected. Company reserves all rights to disqualify an Entrant if Company has reasonable doubt that Entrant has, including but not limited to, breached these terms and conditions, abused or tampered with the operation of the Competition, app or website, or entered under a different person’s name.
5.2 Due to the nature of the Competitions there can only be one 1st Prize Winner per Competition. On occasions, Company may choose to run a Competition which also offers a runner-up prize or prizes; these will be shown on the relevant Competition page in those instances. For the avoidance of doubt, no Competition shall include runner-up prizes as standard.
- WINNER NOTIFICATION & PRIZE COLLECTION/DELIVERY
6.1 Winner will be notified by email at the email address provided in the Entrant’s account and as supplied with their Entry Information within approximately 24hrs of the random drawing taking place. Potential Winner must confirm and accept Prize by email as directed by Company within 14 days of notification. Company is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any email account. Should Winner not be contactable by email, Company will make best endeavours to contact Winner using the phone number also provided in the Entrant’s account and as supplied with the Entry Information.
6.2 Winner notifications not responded to may result in Prize forfeiture. Should Company not be able to make contact with Potential Winner within 30 days (this time period may be extended at Company’s own discretion), or Potential Winner does not accept prize as directed by Company in 6.1, or Potential Winner is disqualified through breach of the Competition terms and conditions set out on this page, Potential Winner will forfeit the prize which will remain in the possession and ownership of Company.
6.3 The Potential Winner may be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release (collectively “the Prize Claim Documents”). No substitution or transfer of a prize is permitted except by Company.
6.4 Collection of the Prize is the sole responsibility of the Winner. Company will at its own discretion offer to store the Prize for a maximum of 2 weeks free of charge. Winner should collect their Prize during this time period. Company reserves the right to offer delivery of the Prize to the Winner’s registered address in the United Kingdom at no cost, however this is at Company’s own discretion.
- PRIVACY
7.1 Any personal information supplied by you will be subject to the privacy policy of the Company posted at https://r44performance.com/policies/privacy-policy. By entering a Competition, you grant Company permission to share your email address and any other personally identifiable information with our other Competition Entities for the purpose of administration and Prize fulfilment, including use in a publicly available Winners list.
7.2 Personal Data of Winner: By accepting any Prize the Winner agrees to Company sharing their name (whole or part thereof), having their photo and/or taking part in a promotional video filmed by Company or its representatives for promotional purposes and for inclusion on our website. Winner grants Company an ongoing right to publish and share this information and imagery in the public domain for marketing purposes as required by Company, unless prohibited by law.
- PRIZES (“Prize”, “Prizes”)
8.1 Details of each Prize can be found on the Competition page. Each Competition and Prize is different. Multiple Competitions may be running at the same time and each Competition requires its own entry.
8.2 Only one Prize per person and per household will be awarded. Any gift cards and gift certificates are subject to the terms and conditions of the issuer. Prizes cannot be transferred, redeemed for cash or substituted by Winner. Cash Prizes will only be remitted electronically into UK bank accounts after successful verification, Cash Prizes are not available in physical form (for example, bank notes and coins). Company makes no representation or warranty concerning the appearance, safety or performance of any Prize awarded. Restrictions, conditions, and limitations may apply. Company will not replace any lost or stolen Prize items once in possession of Winner. No insurance or warranty is provided with the Prize, and Company cannot be held responsible for the Prize after the Winner has accepted it. Where the Prize is a road-legal vehicle, it will be provided in a road-worthy condition with a current MOT. Any further expenses including, but not limited to, road fund license, fuel, and costs of collecting or transporting the Prize, are the responsibility of the Winner.
8.3 All Competitions operated by Company are open to legal residents of the United Kingdom in accordance with point 2.1 and each Prize will only be awarded to Winner addresses within said locations. Any further applicable local taxes, fees, and surcharges are the sole responsibility of the Prize Winner. Failure to comply with these Terms and Conditions may result in forfeiture of the Prize.
8.4 Free Entry by post option: Each competition offers a free entry option. You must follow all these instructions exactly in order to enter a Competition for free, any entries that fail to follow these instructions will be void: Please send the following information on an unenclosed hand-written postcard by Royal Mail first or second class stamped post : Your full name, home address, date of birth, contact number (mobile), email address, username of the account you have registered on the website, the name of the Prize exactly as it is stated on the website, the correct answer to that Competition and your agreement to the Terms and Conditions. Once your free entry by post has arrived and has been validated and processed, you will be allocated a number at random from those still available and this will appear in your account. Where a free entry by post relates to an Instant Win Competition you will be assigned Site Credit equivalent to the value of the online entry to that Competition which should then be used to enter the associated Instant Win Competition via the website or app. All information supplied must match the information displayed in your account exactly. If your free entry by post is invalid, or arrives after all the tickets have sold out, your entry will not be counted and we will not contact you. If a free entry by post is received within 72 hours after the closing date of the Competition, you will receive a site credit equal to the cost of the online entry to the Competition, which will enable you to enter an alternative Competition of your choice online via the R44 Performance website or app. Entries generated by computer and/or photocopies are not accepted. Company’s decision is final for invalid entries and no correspondence will be entered into. Please ensure you carefully check all the details in your R44 Performance account and on your entry match before posting and allow enough time for your entry to arrive. Entry should be posted by Royal Mail First Class or Second Class to the following address: R44 Performance, Unit 4 Latif House, First Way, Wembley, England, HA9 0JD, United Kingdom.
8.5 Free entries by post are limited to one entry per postcard. Bulk entries posted together will not be accepted as multiple entries and if any bulk entries are received, they will be counted as one single entry. Free Entries are treated in the same way as paid Entries, and the same Competition Terms and Conditions apply. In order to enter a Competition for free you must first register and create an account here: https://account.r44performance.com. Your full name needs to be entered under account details and your billing address also needs to be added into your account prior to sending a postal entry and it must match the full name and address provided on your postal entry exactly. If this information is not fully completed Company will be unable to match a postal entry to a registered account, and that postal entry will not be counted or entered into the Competition. Company cannot acknowledge receipt of your postal entry or confirm if your answer to any Competition is correct.
- LIMITATION OF LIABILITY
9.1 Company assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorised access to, or theft, destruction or alteration of entries at any point in the operation of a Competition; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilised in any aspect of the operation of a Competition; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in a Competition or download of any Competition materials.
9.2 If, for any reason, the Competition is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorised intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of a Competition, the Company reserves the right at its sole discretion to suspend or terminate a Competition in whole or in part. In such event, Company shall immediately suspend all drawings and Prize awards, and Company reserves the right to award any remaining Prizes in accordance to the points set out in 4.2 or to offer a refund of the paid entry for the Competition which has been terminated. Company and Released Parties shall not have any further liability to any participant in connection with the Competition.
9.3 R44 Performance Limited shall not held be liable in negligence, contract, tort, statutory duty or in any other way for any of the following:
9.3.1 Any loss or damage caused of whatever nature arising directly or indirectly from or in any way related with the Site, or through your participation in any activities purchased/received via R44 Performance Limited, or
9.3.2 Your reliance or use of any information or material obtained either directly or indirectly from the use of this Site, or
9.3.3 Any other consequential or pecuniary loss in any way related to the use of this Site.
9.4 Condition 9.3 shall apply even if R44 Performance Limited has been advised of the possibility of such loss or damage.
9.5 You agree that it is your sole responsibility to evaluate any goods or services offered by this Site.
9.6 R44 Performance Limited is unable and therefore does not make any representations or warranties as to the security of information that you pass to any third parties as a result of using this Site either directly or indirectly.
- LEGAL UNDERTAKING
10.1 By entering any Competition operated by Company the Entrant is confirming they are legally permitted to do so, and they are deemed to have read, understood and agree to all the terms and conditions set out in relation to each Competition they choose to enter. Company cannot be held responsible for any Entrant entering a Competition unlawfully. For the avoidance of doubt, refer to point 2.1 to check and confirm your Eligibility prior to entering any Competition.
- COPYRIGHT
11.1 You agree that all copyright and other intellectual property rights in the material or content of this Site shall remain at all times vested purely in R44 Performance Limited or its licensors.
11.2 You agree that the content of this Site is made available for you in your personal capacity and solely for your personal use. You agree that this Site will not be used for any commercial use. You agree that you may only download the content of this Site onto one computer hard drive, but not for commercial use, and that any other use of the content of the Site is strictly prohibited without written consent from R44 Performance Limited.
11.3 You agree that you will neither solely or jointly with or on behalf of any other third party directly or indirectly copy, reproduce, transmit, distribute, publish, display, or commercially exploit the content of this Site.
- LOGOS
12.1 The logos and service marks used and displayed on this Site are, unless otherwise specified, the logos of R44 Performance Limited. No rights are granted to use any of them without the written permission of R44 Performance Limited.
- INDEMNITY
13.1 You agree to keep R44 Performance Limited indemnified against all actions, claims, costs, expenses (including all legal costs) and damages brought against or suffered by R44 Performance Limited arising out of any breach of these terms and conditions or any activity relating to your use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your name or any other name with which you have supplied to R44 Performance Limited.
- SEVERANCE
14.1 If any of these terms and conditions shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law such provision shall to the extent required be severed from the terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of this agreement and shall not in any way affect any other circumstances or the validity or enforcement of these terms and conditions.
- GENERAL15.1 The Competitions operated by Company via this Site are in no way associated with, endorsed, sponsored, or administered by Google, Apple, or Facebook. By using this Site and entering a Competition, Entrant agrees that Google, Apple, and Facebook have no liability and are not responsible for any administration or promotion of the Competitions available on this Site.
- LAW AND JURISDICTION
16.1 Each Competition operated by Company shall be governed by and construed in all respects in accordance with English law and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction in respect of any dispute, suit, action, arbitration or proceedings which may arise out of or in connection with these terms and conditions provided that R44 Performance Limited has the right at its sole discretion to commence and pursue proceedings in any other jurisdiction or jurisdictions whether concurrently or not. Void where prohibited or restricted by law
Promoter:
R44 Performance Limited
Registered in England & Wales
Company No: 12333034
Registered Office:
R44 Performance Limited
Unit 4 Latif House, First Way, Wembley, England, HA9 0JD, United Kingdom
Email: info@r44performance.com
Phone: 020 8004 0441
Website: r44performance.com