EEMC COMPETITIONS – TERMS AND CONDITIONS
These terms and conditions apply to all prize competitions promoted on the website www.competitions.eemc.com. (the Website) as an ‘English Electric Motor Co. Competition’.
In these terms and conditions, each such competition is referred to as the Competition.
a) The promoter of the Competition is: English Electric Motor Co., company no. 09826273, the main trading premises of which are at: English Electric Motor Co., Electric House, Unit 1, Hall Farm, Redgrave, Suffolk, IP22 1RJ (EEMC). The promoter shall be the sole promoters, the prize draws are not sponsored, run, or endorsed by another other party.
b) In these terms and conditions:
i) references to we, us or our refer to EEMC; and
ii) references to you, your or an Entrant are to an entrant to the Competition.
c) By submitting an entry to the Competition, you are agreeing to be bound by these terms and conditions.
d) The Promoters reserve the right to amend these terms and conditions at any time and for any reason.
2) The Competition
a) The Competition is a prize competition in which the prize will be the Motorbike (or individual prize) described on the Website as the prize for the Competition.
b) The Competition requires every Entrant to answer a multiple-choice question or questions set by us for the Competition, each of which is intended to require the Entrant to demonstrate knowledge relating to a motorbike or the EV industry and therefore to exercise skill, knowledge or judgment to answer (a Competition Question). All Entrants to a Competition will be asked the same Competition Question(s). The answer to each Competition Question will be factual and correct on the basis of our research, and there will be one correct answer to each Competition Question.
c) Where a valid entry is submitted with the correct answer to each Competition Question, the entry is a Qualifying Entry. All Qualifying Entries will be included in a pool (the Draw Pool) from which the winner will be randomly selected in a draw (the Draw). An Entrant will be informed if their entry has or has not qualified for the Draw Pool. There is a maximum number of Qualifying Entries for the Draw Pool, which is as stated on the Website (the Maximum Qualify Entries).
d) An entry which gives an incorrect answer to a Competition Question will not be included in the Draw Pool. For the avoidance of doubt, the entry fee referred to in clause 3.b shall still be payable by the Entrant and shall not be refunded.
e) Every Qualifying Entry in the Draw Pool shall be allocated a unique entry number between 1 and the number of the Maximum Qualifying Entries (‘Entry Number’). No two Qualifying Entries will be allocated the same Entry Number. The Website will display the number of Qualifying Entries in advance of the Draw.
f) The winner will be selected at random from the Draw Pool using Google Random Number Generator. Such Draw will be adjudicated by at least two representatives of EEMC and shown via a live video recording on EEMC’s Facebook page. A recording of that video will subsequently be available to view on the Website.
g) By entering the Competition, all Entrants acknowledge that their payment per entry does not guarantee in any way that they will win the prize.
h) These competition rules shall not create or be construed as creating any form of contract, joint venture or other agreement between any Entrant and the Promoters.
i) An entry shall be declared void (without any refund being given) if the entrant engages in: (a) any form of fraud (actual or apparent); (b) fraudulent misrepresentation; (c) fraudulent concealment; (d) hacking or interference with the proper functioning of the website; or (e) amending, or unauthorised use of, any of the code that constitutes the Website.
3) How to Enter
a) Entries to the Competition may be submitted from the date and time specified on the Website (the Opening Date) until:
i) the closing date and time specified on the Website; or
ii) if earlier, the time at which the number of Maximum Qualifying Entries is reached (the Closing Date).
iii) Postal Entries must be received at ‘Our Address’ on or before the closing date as specified on the competition website, they must be sent as recorded delivery for signature to be required on delivery.
(1) Only one Postal Entry can be made per Entrant to the Competition.
(2) The Postal Entry must contain the following information:
(a) The Competition Prize detail to allow us to identify which competition it is an entry for.
(b) Your answer to the qualifying question.
(c) Your email address to match that of your Website Account
(d) Your name, address, phone number and D.O.B all of which should match those on your website account to allow EEMC Competitions to verify your identity.
b) If the number of Maximum Qualifying Entries is reached in advance of the closing date and time referred to in clause 3.a, the Draw may be run earlier than such date.
c) In order to submit a Competition Entry
i) An entry can be processed via the Entrant’s website (A Website Entry) by paying the fee applicable to the competition or via a postal entry.
(1) We will not accept entries that are:
(a) automatically generated by computer.
(b) completed by third parties or in bulk.
(c) Illegible or unable to be identified.
(2) If an entry does not meet the requirements set out in this clause 3, it will not be valid and will not be considered for entry to the Draw Pool.
(3) We do not and will not accept:
(a) responsibility for Competition entries that are delayed, lost or incomplete regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind, lost in transit, mislaid during post or damaged during post.
(b) In the event of a Postal Entry, proof or posting will not be accepted as entry to the competition, EEMC must receive the physical postal entry.
(4) Once submitted, an entry cannot be withdrawn and will not be returned.
a) Entrants must be at least 16 years old but cannot be:
i) employees of EEMC or its holding or subsidiary companies; including of spouses of the above.
ii) employees of agents or suppliers of EEMC who are professionally connected with the Competition or its administration of the Website; or
iii) members of the immediate families or households of 4.a.i or 4.a.ii above. ‘Immediate families’ is defined as; father, mother, brother, sister, son, daughter, spouses, partners or step of any of the above.
b) Subject to clause 3, a maximum number of ten Entries may be made per household, unless the Website states a different maximum number specifically in respect of the Competition.
c) Any additional Entries received from members of that household in excess of the maximum will not be eligible.
i) Postal Entries are limited to one per Website Account where Clause 4 c is also relevant.
d) In entering the Competition, you confirm that you are eligible to do so and eligible to claim the prize. EEMC may require you to provide proof that you are eligible to enter the Competition.
e) Entries on behalf of another person will not be accepted and joint submissions are not allowed.
f) If there is any reason to believe that there has been a breach of these terms and conditions or that you have acted in a way which we reasonably believe may be unlawful, or if your conduct is contrary to the spirit or intention of the Competition, we may, at our sole discretion, reserve the right to disqualify your entry and/or exclude you from participating in the Competition.
g) Any person who attempts to make an entry from outside Great Britain must ensure that he or she is not contravening the law of that country. We cannot accept any responsibility for any breach of the law by an entrant in such circumstances, which are beyond our control. If the entrant is in any doubt, they should immediately leave the Website and check with the relevant authorities in their respective country.
h) The Entrants and the Promoter recognise that the Competition, its administration, and all associated activities are governed by English Law. They recognise that the County or High Courts of England shall have exclusive jurisdiction in the event of any dispute arising out of the Competition or its administration.
5) The Prize
a) The prize is a motorbike of the make, model, year and condition as described on the Website in connection with the Competition (the Vehicle) and there is one such motorbike available to be won.
b) Unless We agree to collection, the prize includes free UK mainland delivery, the winner must produce photo identification (a passport or UK driving licence) which matches the details we hold for your entry and Website Account.
c) If the Prize results in any overseas travel; all costs and paperwork relating its legality is the responsibility of the winner.
d) Any costs and logistics relating to travel beyond UK mainland is the responsibility of the winner.
e) In the event of collection, agreed by EEMC, the motorbike will be available for collection from English Electric Motor Co., Electric House, Unit 1, Hall Farm, Redgrave, Suffolk, IP22 1RJ (the Premises) following the Draw during normal office hours.
f) The prize does not include any insurance for the Motorbike, which will need to be arranged by the winner as will the provision of the RFL.
g) The specific warranty applicable to the prize motorbike will still be valid and all paperwork relating to this will be provided as part of the owner pack upon handover.
h) Any costs that are incidental to the fulfilment of the prize, including collection or transportation costs of the Vehicle or its tax or insurance, are the responsibility of the winner.
i) There shall be no substitute of the Vehicle with a cash alternative of equal or greater value.
j) The prize is not negotiable or transferable.
k) Each Entrant agrees that the usual requirement under the Consumer Protection(Distance Selling) Regulations 2000 for any goods and services ordered online to be supplied within 30 days will not apply to this Prize Competition and the arrangements relating to the delivery or collection of the prize will be as per clause 6.
a) If you are the winner, you authorise EEMC to publish your name and county on the Website following the Draw in order that we may comply with the CAP Code (UK Code of Non-broadcast Advertising and Direct & Promotional Marketing) and any legal requirements and also for publicity and marketing purposes, this may include via third party media outlets. If you object to such information being published in this way, please contact us using the contact details below in clause 1. Notwithstanding any objection, you recognise that EEMC may still be required to give your name, county, and winning entry to the Advertising Standards Authority on request.
b) If you are the winner, you also agree to allow EEMC to take and to use, for publicity and marketing purposes, a photograph and/or a video (Media) featuring you with the prize and you agree that:
i) EEMC has permission to publish the Media on its Website and other marketing materials for publicity purposes in any country; and
ii) you do not object to EEMC storing copies of the Media for as long as necessary for these purposes.
c) EEMC will be the controller and responsible for any personal data comprising the Photograph and your contact details.
7) All entrants upon submitting their contact details understand that these details may be used for the following purposes:
a) To notify the Winner that they have won the prize.
b) To post the Winner’s name and town of residence on the Website.
8) Claiming the Prize
a) The result of the Draw as announced by EEMC, will be final and we will not enter into any discussion or correspondence about the decision with any Entrant who is not the winner.
b) EEMC will contact the winner personally as soon as practicable after the Draw, and in any event with 7 days, using the telephone number and/or email address provided by the winner for their Website Account. Entrants are solely responsible for providing contact details which are/will be correct at the time of the Draw and for at least 7 days following the Draw and EEMC will not amend any contact information for an Entrant once an entry has been submitted. If the contact details are incorrect such that we cannot make contact with the winner by telephone or email, the Draw will be re-run and a new winner will be selected. The original winner who supplied incorrect contact details will have no claim to the prize.
c) Unless we agree to collection, the prize includes free UK mainland delivery, the winner must produce photo identification (a passport or UK driving licence) which matches the details we hold for your entry and Website Account.
d) The Vehicle cannot be collected by a third party (e.g. a car/bike transportation company) on your behalf unless we specifically agree to this in advance (and, for the avoidance of doubt, we may not agree to this). In such a case, you must still provide identification which matches the details provided in your entry and your Website Account, and also provide your written instructions confirming the third party’s authority to collect the Vehicle on your behalf.
e) The bike must be taken off the Premises at the time of collection unless we agree otherwise and you agree to pay any storage costs we specify.
f) We will transfer the prize to a winner by completing the vehicle logbook (V5C) with the winner at the Premises at the time of delivery or collection.
g) If you do not meet the requirements set out in this clause 8 within the relevant time period(s) specified your claim may be invalid and we may re-run the Draw or the Competition, at our discretion. We do not accept any responsibility if you are not able to take up the prize in these circumstances.
h) For the avoidance of doubt, in the event that the Draw is re-run, the original winner will no longer have any claim to the prize, and these terms and conditions will apply to the new winner as if he/she was the first winner selected in the Draw.
9) Terminating the Competition
a) Prior to commencing the Competition, we will determine the minimum number of paid Entries which must be received in order for the Competition to be guaranteed to proceed, and if such threshold is not met before the Closing Date, we reserve the right, at our discretion, to extend or terminate the Competition.
b) EEMC reserves the right to hold, void, suspend, cancel, extend or amend the prize competition where it becomes necessary to do so.
c) In the event that we terminate a Competition under this clause 9, all Entrants will be informed and all entry fees will be returned to Entrants in full.
10) Limitation of Liability
a) Insofar as is permitted by law, we, our agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by our negligence or that of our agents or distributors or that of their employees. Your statutory rights are not affected.
11) Ownership of Competition Entries
a) All competition entries and any accompanying material submitted to us will become our property on receipt and will not be returned.
12) Data Protection
a) EEMC can be contacted by post sent to the Premises; by completing the contact form on the Website; or by telephone on +44 (0)1379 898987.
b) These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.