TERMS AND CONDITIONS
PRIZE DRAW TERMS AND CONDITIONS – MS Competitions
STANDARD COMPETITION TERMS
- The Promoter
Gareth Parker T/A MS Competitions, contact details below, ( ‘Promoter’, ‘our(s)’) operates various competitions resulting in the allocation of prizes (‘Prize’ or ‘Prizes’) in accordance with these terms and conditions on the website www.mscompetitions.co.uk (the ‘Website’).
- The Competitions
- All draws operated by the Promoter on its Website to win Prizes are referred to respectively as the ‘Competition’ or ‘Competitions’ in these Terms and Conditions. This includes one-off Prize Competitions and instant win add-on prizes (‘Instant Win Prize’)within those Competitions.
- Multiple Competitions may be operated at the same time by the Promoter and each Competition will have a specific Prize and may have Instant Win Prizes, all as set out in Clause 7 below.
- Availability and pricing of Competitions is at the discretion of the Promoter and will be specified on the Website. Each Competition has a free entry route available as well as a paid entry route. The availability of a free entry route to enter each Competition means that the Competition does not fall within the definition of a lottery under the Gambling Act 2005 and can be operated legally in Great Britain without any need for a licence.
- Each Competition will run for the period specified. Please see the promotion on the Website for each Competition for details of start and end times and dates (‘Promotion Period(s)’).
- Each Competition will run for a period of time specified at the creation of each competition, the competitions will end when the timer runs out, and the competitions will never have time added on, however, the promoter can end competitions earlier at the promoter’s discretion.
- Eligibility and Undertaking to Eligibility
- Competitions are open to all persons aged 18 or over anywhere in the world, although employees of the Promoter or any person connected with the Promoter (through family, professional or commercial association) are prohibited from participating in Competitions.
- By entering a Competition, the entrant (‘Entrant’, ‘you’, ‘your(s)’ and/or ‘Customer’) will be deemed to:
- have the legal capacity to enter it;
- have read, understood and accepted these Terms and Conditions; and
- be bound by them and by any other requirements set out in any of the Promoter’s related promotional material on the Website.
- By participating in a Competition either online via the Website or by postal entry, you hereby 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.
- The Promoter reserves the right to refuse a Customer’s Entry at the Promoter’s own discretion.
- All Competitions are governed by English law and all and/or any matters or disputes relating to the Competition will be dealt with and/or resolved under English Law and the Courts of England shall have exclusive jurisdiction.
4 How To Enter
4.1 To enter any Competition, you must first create an account on our Website. To register an account online you will be asked to provide an email address or to sign in via a social media account, such as Facebook, Twitter or Gmail. You must then either (i) submit the online entry form provided on the Website or (ii) send a postal entry to the Promoter. In both cases, the entries must be received by the end of the Promotion Period for the Competition as stated on the Website. All Entrants must confirm when registering that they have read and accepted these Terms and Conditions.
4.2 All Entrants must provide their contact details to the Promoter including:
full name
date of birth
email address
postal address
contact telephone number; (‘Contact Details’).
The Contact Details will be used to confirm an Entry, to notify the Winner if they have won a Prize, to post the Winner’s name and location on the Website as a Winner unless requested otherwise by an Entrant under clause 9.2, and in any other way set out in our Privacy Policy on the Website.
4.3 Online Entries When playing a Competition online via the Website, you must follow the on-screen instructions to: select the Competition you wish to enter and, when you are ready to purchase your ticket(s) to the Competition (‘Tickets’), provide your contact and payment details (‘Online Entry’). You will need to check your details carefully and tick the declaration, confirming you have read and understood the Competition Terms and Conditions. Once you have purchased your Tickets, registered to play the relevant Competition, chosen your number, and when your payment has cleared, we will then contact you by email to confirm your entry into the Competition.
4.4 Postal Entries When playing a Competition via a postal entry, the Entry is free. All Entrants must specify which Competition they wish to enter and provide their Contact Details to the Promoter by post to the following address: MS Competitions 11A High Street, Cullompton, Devon, EX15 1AB . First or second-class postage must be paid for each such Entry (‘Postal Entry’). Bulk entries (within the same envelope) will not be accepted. Postal entries will not be accepted directly through the letterbox. Only one Postal Entry is permitted per Competition for each registered account. Postal Entries are limited to one Entry per person to each Competition. Each Postal Entry has the same chance per Entry of winning a Prize or an Instant Win Prize as an Online Entry.
4.5 All Entries, whether an Online Entry or a Postal Entry, must arrive by the end of the Promotion Period for a Competition as stated on the Website. For all Competitions a random number/s will be allocated to each Postal Entry by the Promoter. All Postal Entries will be treated in the exact same way as paid Online Entries once numbers have been allocated. If a Competition has sold out, then no further Entries will be accepted and the Website will state that that Competition has closed.
4.6 Please note that whether submitting an Online Entry and/or a Postal Entry, you will not be deemed entered into the Competition until we confirm your Entry which can be confirmed in your account when you login or we may send you an email confirming it (and any such entry referred to herein as an ‘Entry’ or ‘Entries’).
4.7 The Promoter reserves the right to refuse an Entry or disqualify any incomplete Entry, if it has reasonable grounds for believing that an Entrant has contravened any of these Terms and Conditions.
4.8 The Promoter reserves the right to disqualify an Entry if it has reasonable grounds for believing that an Entrant’s conduct might be contrary to the spirit or intention of the Competition, including conduct that might be abusive or racist or where an Entrant has posted, or is likely to post, defamatory comments on the Website or elsewhere on social media.
4.9 All Entries are final and no refunds will be made at any time, except for refunds made under Clause 5.8. To the extent permitted by applicable law, all Entries become the Promoter’s property and will not be returned.
4.10 Postal Entries will be processed daily. If a competition has sold out, the Website will state that it has sold out and then no further Entries will be accepted.
4.11 An Entrant can enter each Competition up to the maximum number of times stated on each Competition’s page on the Website, although only one free Postal Entry per Competition is allowed per person. Each Entrant to a Competition will be automatically eligible for any Instant Win Prizes that may be part of that Competition.
4.12 Each Competition will have a minimum of nine (9) Entries and a maximum of 1,999,999 Entries. Each Competition closes when the last number is taken, or the Competition timer runs out, no more Entries after this point will be accepted.
4.13 ‘Cover your Letter and Number’ Feature. An Entrant can elect to ‘cover’ their letter and number combination in a Competition, by ticking a box and paying an extra 20% of the entry fee (if an Online Entry) or by specifying in writing on their Postal Entry the wish to ‘cover’ their letter and number combination (if a Postal Entry). If either the letter or number covered by an Entrant in this way is part of the winning combination in the Live Draw, though not the actual winning combination, then the Entrant will, if an Online Entry, be credited the entry fee and also credited with the cost of the ‘cover’, each in the form of credit on the Entrant’s account on the Website (“Credit Winner”).
4.14 Instant Win Add-On Prizes Once an Entry has been confirmed and the Letter and Number combination for that Entry finalised, whether randomly allocated or selected by the Entrant, the Entry will be submitted into the Competition database and will be eligible for any Instant Win Prize(s) if the Entrant has the winning number/letter combination. Each Postal Entry has the same chance as winning an Instant Win Prize as a paid Online Entry.
- Competition Judgement
5.1 MS Competitions – All winners will be drawn using the google random number generator. . The number of Entrants for a Competition will determine how many balls are entered into the random ball spinning machine. Each Competition will have a minimum of nine (9) Entries and a maximum of 99,999 Entries. The result will be live streamed on Social Media or YouTube (or such other live streamed internet channel as the Promoter chooses and states on the Website). In certain circumstances, at the discretion of the Promoter, an alternative verifiably random method of selecting a winning number may be used to select the Prize Winner.
5.2 Due to the nature of the selection, there will only be one main Prize Winner per Competition, unless the Promoter states otherwise on the Website. There may be some Credit Winners under the ‘Cover your Number and Letter’ feature described in Clause 4.13 above (Prize Winners and Credit Winners, together the ‘Winner(s)’). There may also be some Instant Win Prize Winners (see 5.3 below). The Promoter’s decision is final regarding any aspect of the Competition.
5.3 For all Instant Win Prizes in a Competition, the winning numbers will be randomly selected just before the Competition goes live and cannot be changed. They will be encrypted on the database and kept hidden from all staff at the Promoter.
5.4 The Promoter will attempt to contact Winners of Competitions and Instant Win Prizes using the Contact Details provided at the time of Entry (or as subsequently updated) and held securely in our Database. Entrants must carefully check their Contact Details have been recorded correctly. It is the Entrant’s responsibility to ensure that these Contact Details are accurate, up to date and complete. If for any reason the Contact Details are taken down, inputted and/or submitted and/or recorded in any way by you incorrectly, the Promoter will not be held responsible for any consequences of this of whatever nature and howsoever arising.
5.5 If for any reason the Promoter is unable to contact a Prize Winner within five (5) working days (which may be extended at the sole discretion of the Promoter) of the end of a Competition, or the Prize Winner fails for whatever reason to confirm acceptance of the Prize and/or the Prize Winner is disqualified as a result of not complying with or contravening any of these Terms and Conditions, the Prize Winner hereby agrees that it will immediately, irrevocably and automatically forfeit the Prize and the Prize will remain in the possession and ownership of the Promoter.
5.6 Entrants who specifically consent to marketing communications will be entered onto the Promoter’s database for the purpose of conveying information as to the status of their Competition, as well as any future promotions or Competitions offered by the Promoter.
5.7 The Promoter will draw a Prize Winner for each Competition at the end of the Promotion Period stated on the Website for that Competition. There will be no extensions to the Promotion Period and all prizes will be awarded in full regardless of the number of Entries for a Competition. The Promoter may bring the draw date forward if the maximum number of Entries has been received. In the event that the Promoter closes a Competition early, the Prize Winner will be selected from all valid and eligible Entries received by the Promoter prior to the date of closure.
5.8 The Promoter will draw an Instant Win Prize winner for each Competition that contains Instant Win Prizes during the Promotion Period stated on the Website for that Competition. There will be no Instant Win Prizes to be won after the Promotion Period. All Instant Win Prizes will be awarded in full regardless of the number of Entries for a Competition.
5.9 The Promoter reserves the right to cancel any Competition at any time either before or after Entries have been sold. If a Competition is so cancelled, the Promoter will notify each Entrant at the email address they have provided and return any payment made by an Entrant by the same method as payment was made or provide them with a game credit if they so elect to enable them to replay equivalent Tickets in a subsequent Competition. Where a payment has been refunded, the Promoter will have no further liability to the Entrant or to any other person.
- Winner’s Details
6.1 Each Prize Winner will be required to show documentary proof of their age (18+) and identification prior to the receipt of a Prize. Any failure to meet this requirement may result in the Prize Winner being disqualified and the Promoter re-allocating the Prize.
6.2 All Prize Winners are required to provide photographs and/or pose for photographs and videos and have their personal details (including details of any Prize won by them) included in marketing material and public relations by the Promoter in connection with the Competition and in identifying them as a Prize Winner of a Competition. Any failure to meet this requirement may result in the Prize Winner being disqualified and the Promoter re-allocating the Prize.
6.3 Following receipt and verification of the details requested above by the Promoter and provided that the Prize Winner has satisfied these Terms and Conditions, the Prize Winners will be contacted in order to make arrangements for delivery of the Prize.
- Competition Prizes
7.1 The Prizes are selected by all and/or some of the directors of the Promoter and will either be owned or will be purchased by the Promoter from the date of the Competition going live on the Website to the date that the Prize Winner receives the Prize. Details of each Prize can be found on the Website on the Competitions pages. The Promoter takes no responsibility for the Prize awarded after delivery to the Prize Winner has taken place. Once the Prize Winner has taken possession of the Prize, the Promoter will no longer be responsible for insuring the Prize as no insurance comes with the Prizes.
7.2 Delivery of the Prize to the Prize Winner’s home address in Great Britain is free. The Promoter has a right to and/or may charge the Prize Winner delivery fees if they require the Prize to be delivered to an address outside Great Britain. All Prize Winners, whether based in Great Britain or not, will have the right to elect to receive a cash alternative to the Prize.
7.3 All Entrant expenses to collect the Prize are the sole responsibility of the Prize Winner. The Prize Winner is also responsible for all taxes, duties or charges in relation to receipt of the Prize.
7.4 The Prize Winner hereby agrees that all Prizes are subject to and are conditional on the terms and conditions of the Promoter, Prize provider, manufacturer and/or supplier and/or anyone that is involved in the provision or delivery of the Prize to the Prize Winner, as will be communicated to the Prize Winner prior to handover of the Prize.
7.5 Each Prize must, subject to Clause 7.6, be accepted as awarded and is non-transferable or convertible to other substitutes and 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 and/or third parties.
7.6 If the Promoter so offers, all Prize Winners have the option to elect to receive either the full Prize for the Competition or a cash alternative set by the Promoter which is reasonably equivalent to the Prize. The Prize Winner is under no obligation to accept the cash alternative and the full Prize as per the Competition’s details will be awarded unless a cash alternative is accepted.
- Storage
8.1 The Promoter can store the chosen Prize free of charge for up to 30 days after notifying the Prize Winner, at the end of which time the Prize will be delivered to the Prize Winner. If the Prize needs to be stored by the Promoter for more than 30 days then this shall be at the entire cost of the Prize Winner where such reasonable cost will need to be paid by the Prize Winner to the Promoter before the Prize Winner receives the Prize.
- Winners’ Personal Data
9.1 Subject to the Winner’s consent, the Winner may be asked to have their photo and video taken by the Promoter for promotional purposes (Public Relations and Marketing).
9.2 When entering a Competition, the Entrant will be asked to consent to use of their name, address, and/or photograph or other likeness, as well as their appearance at publicity events without any additional compensation (save for reasonable travel expenses that are approved in writing in advance by the Promoter) and as required by the Promoter. An Entrant has the right to withhold consent to any of these uses of their Contact Details.
- Limits of Liability
10.1 The Promoter makes or gives no representations and/or warranties and/or assurances of whatever nature and howsoever arising (and whether in writing or otherwise) as to the quality, suitability and/or fitness for any particular purpose of any of the goods or services advertised, offered and/or provided as Prizes. Except for liability for death or personal injury caused by the negligence of the Promoter and/or for any fraudulent misrepresentations and/or for any events and/or circumstances to the extent that they cannot be excluded or limited by law. 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 Prize Winner(s), or in connection with any of the Competitions promoted by the Promoter.
10.2 The total maximum aggregate liability of the Promoter to each Prize Winner shall be limited to the total value of each Prize that has been won by the relevant Prize Winner.
10.3 The total maximum aggregate liability of the Promoter to you as an Entrant shall (if you are not a Prize Winner) be limited to the amount that you have paid to enter Competitions in the first 12 months of you playing any Competition.
10.4 Nothing in these terms and conditions shall prevent you making claims to the extent that you are exercising your statutory rights.
- Electronic Communications
No responsibility will be accepted by the Promoter 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 reasonable 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 Prize and award it to the correct Entrant, at its sole discretion and without admission of liability and the Entrant that has been incorrectly awarded the Prize will immediately at the Entrant’s own cost and expense return it to the Promoter and/or pay the Promoter for that Prize (at the option of the Promoter). The Promoter shall not be liable for any economic and/or other loss and/or consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due to such persons. The Promoter shall use its reasonable endeavours to ensure that the software and Website(s) used to operate its Competitions performs correctly and accurately across the latest versions of popular internet, tablet and mobile browsers. For the avoidance of doubt, only the Ticket recorded in our systems, howsoever displayed or calculated, shall be entered into the relevant Competition and the Promoter shall not be held liable for any Competition Entries that occur as a result of malfunctioning software or other event.
- Data Protection 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 processed by the Promoter to administer the Competition and fulfil Prizes where applicable, as set out in the Privacy Policy on the Website. 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. Validation
13.1 The Promoter hereby reserves the right not to deliver a Prize to a Prize Winner until it is satisfied that:
- the Prize Winner has a validly registered Website account and/or is not in breach of these terms and conditions;
- any and/or all amounts due or owing by you to the Promoter have been paid in full;
- the age and identity of the Prize Winner and his or her entitlement to receive the Prize has been established to the Promoter’s satisfaction (in particular, the Promoter reserves the right to request documentary proof of age and identity and not to give or make a Prize until satisfied appropriate proof of age and identity have been provided).
13.2 Without prejudice to Clause 13.1 above, the Promoter reserves the right (i) not to make or give a Prize and/or (ii) to retrieve a Prize or the value of the Prize, in each case if it reasonably suspects the occurrence of fraud in relation to a Competition.
13.3 The Promoter may, in its absolute and sole discretion, give or make a Prize to a person whom it is satisfied is the duly authorised representative of the Prize Winner acting under a lawfully executed power of attorney or other equivalent authorisation.
- Your account
14.1 You must keep your account password secure and secret at all times and take steps to prevent it being used without your permission. You must:
- memorise your password and never tell it to anyone,
- never write your password down (including on your computer or other electronic device) or record it in a way that can be understood by someone else,
- destroy any communications from the Promoter in relation to your password as soon as you have read them,
- avoid using a password that is easy to guess,
- ensure that no-one else (apart from you) uses your account while you and/or your devices are logged on to the Website (including by logging on to your devices through a mobile, Wi-Fi or shared access connection they are using),
- log off or exit from your account when not using it, and
- keep your password or other access information secret,
14.2 Your password and log in details are personal to you and should not be given to anyone else and/or used to provide shared access e.g. over a network. You must use a password which is unique to your account, and maintain good internet security.
14.3 You must contact the Promoter immediately if you believe, suspect or know that anyone apart from you has used your account and/or given any instruction in relation to it without your permission, or if you believe, suspect or know someone else knows your password.
14.4 If you forget your password, you can reset it by following the instructions on the Website (as long as you can provide the relevant security information requested or required by the Promoter).
14.5 The Promoter shall not be responsible and/or liable for any and/or all consequences arising out of and/or relating to any and/or all breaches of this rule 14.5 by you. Furthermore, the Promoter shall not in any event be responsible and/or liable for any actions and/or inactions that you may take and/or consequences that you may suffer and/or incur as a result of using and/or in connection with the Website.
- Changes
We may revise our terms and conditions from time to time and will post the most current version on the Website as soon as possible after the revised terms and conditions become effective. Please check this page periodically to ensure you understand the terms and conditions that apply at that time. By continuing to access and/or use the Website after the revisions come into effect, you agree to be bound by the revised terms and conditions. We may also update and change the Website and/or Competitions from time to time to, amongst other things, reflect changes to our offering, Website, IT systems and/or our users’ needs and/or feedback.
- Unauthorised use and expiry of your debit card
16.1 If you notify your nominated bank (or building society) that your debit card has been used without your permission in relation to a Competition, and your nominated bank (or building society) asks the Promoter to return the relevant amount to your nominated bank (or building society) account, the Promoter may suspend your account and ask you to contact the Promoter. The Promoter accepts no responsibility and will have no liability for any chargebacks.
16.2 If your debit card is due to expire, the Promoter will use reasonable efforts to return the funds in your account to your debit card before midnight on the day it expires. If it is not able to do so, the Promoter will use reasonable efforts to alert you of this and you should, in these circumstances, contact the Promoter to arrange another appropriate way for the Promoter to return the funds to you.
- Payment Cancellations and Bank Chargebacks
- If you dispute any payment made to us you shall contact us immediately to discuss repayment.
- In the event that you submit an unjustified chargeback (being a credit card or debit card chargeback or cancellation of a cheque or submission of a cheque that is returned for any reason) then the following shall be due and payable by you within 7 days for each and every chargeback:
- the charges due and payable by you for any Competitions you entered in the period covered by the chargeback; and
- the charges due and payable by you for any Competitions you entered in the period covered by the chargeback; and
- In our discretion, our reasonable costs and losses incurred in recovering the above-mentioned fees and charges including debt recovery costs, legal fees and debt collection costs.
- In the event of an unjustified chargeback in Clause 17.2 above, we reserve the right to terminate your account on our Website.
- Use of the Website
18.1 You hereby agree that (a) the Website and/or the Competitions are for your own personal, non-commercial use, and (b) you are only allowed to use your account and the Website and/or enter Competitions as set out in these terms and conditions.
18.2 You also hereby agree that you will only use your account, enter Competitions and access and/or use the Website in an appropriate and lawful manner. You will not:
- receive, access and/or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including, without limit, copyright) and/or otherwise objectionable and/or unlawful,
- knowingly and/or recklessly transmit any content (including, without limit, viruses) through the Website and/or the Promoter’s software and IT systems which will cause, or be likely to cause, (i) detriment and/or harm, in any degree, to the Website, the Promoter’s software and IT systems owned and/or operated by the Promoter and/or others, and/or (ii) loss of and/or damage to data,
- hack into, make excessive traffic demands on or cause any impairment of the functions of any computer system, deliver or forward chain letters, “junk mail” of any kind, surveys, contests, pyramid schemes or otherwise engage in any behaviour intended to prevent others from playing entering Competitions, and/or using the Website and/or any other website, and/or which is otherwise likely to damage the reputation and/or business of the Promoter and/or of any third party, and/or
- authorise or allow anyone to do 18.2(a) – (c).
18.3 You hereby agree to indemnify the Promoter against any and/or all costs, losses, damages and expenses which the Promoter may suffer and/or incur arising out of and/or in relation to any claim, legal proceeding and/or demand made by any third party due to and/or arising out of your unlawful, wrongful and/or negligent access and/or use of your account, the Website and/or the Promoter’s software and/or IT systems, and/or breach by you of these terms and conditions.
18.4 There is no guarantee that the Website will display correctly on all devices it can be viewed on.
18.5 The Promoter is the owner or licensee of all the copyright, trademarks and other intellectual property rights in, to and in respect of the Competitions and any Entries to each Competition, and the Website, and you will not acquire any rights in any of these.
18.6 Trademarks, service marks, logos, trade names, source identifiers and/or proprietary designations (“Trademarks”) of the Promoter used on and/or in connection with the Website and/or the Competitions are trademarks of the Promoter. Trademarks of third parties used on and/or in connection with the Website and/or the Competition are used for identification purposes only and may be the property of their respective owners, and you will not acquire any rights in any of these.
18.7 You must not:
- copy, disclose, transmit and/or otherwise make available and/or remove or change any material available on the Website,
- reverse engineer or decompile (whether in whole or in part) any software used in connection with the Website and/or the provision of the Competitions (except to the extent expressly permitted by applicable law) and/or
- remove, obscure and/or change any copyright, trademark or other intellectual property right notices in any material obtained from the Website and/or as a result of playing the Competitions.
18.8 You hereby agree that playing Competitions (as well accessing and/or using your account) whilst located in any jurisdiction other than Great Britain is strictly prohibited.
- Discretion
The exercise by the Promoter of any discretion provided for in these terms and conditions will be final and binding.
- General
20.1 If the Promoter fails and/or delays to enforce a provision of the terms and conditions, this failure and/or delay is not a waiver of the Promoter’s right to do so later on.
20.2 If any provision (or part of a provision) of these terms and conditions is decided by a court of competent jurisdiction to be void and/or unenforceable, that decision will only affect the particular provision (or part of the provision) and will not, in itself, make the other provisions void or unenforceable.
20.3 You may not assign or otherwise transfer (in whole or in part) your rights and/or obligations under these terms and conditions. Any breach of this rule 20.3 may result in the use of your account and/or the provision of the Competition and/or access to the Website being suspended or terminated immediately by the Promoter. The Promoter may assign or otherwise their rights and/or obligations under these terms and conditions in whole or in part to any third party at its sole and absolute discretion and without your consent. The Promoter may also assign these terms and conditions in their entirety, without your consent, to its successor in interest in connection with a merger, reorganisation, or sale of all or substantially all assets or equity. These terms and conditions shall bind and inure to the Promoter’s benefit, its successors and permitted assigns.
20.4 These terms and conditions constitute the entire agreement between you and the Promoter regarding the subject matter of these terms conditions and supersede and replace any other prior and/or contemporaneous agreements, and/or terms and conditions applicable to the subject matter of these terms and conditions.
20.5 A person who is not a party to these terms and conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 (as amended or re-enacted from time to time, and any subordinate legislation made under that act) or otherwise to enforce any provision of these terms and conditions.
20.6 The Promoter will not be liable for any delay or failure to perform any obligation under these terms and conditions where the delay or failure results from any cause beyond its reasonable control, including acts of God, labour disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunication/network failures, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
20.7 The Website may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference and convenience only. We do not control such websites and are not responsible for their content and/or the privacy or other practices of such websites. It is up to you to take precautions to ensure that whatever links they select and/or software you download from such websites are free of viruses. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites, association, sponsorship and/or partnership with their operators. You must not create a text hyperlink to the Website without our prior written consent.
Promoter: Gareth Parker T/A MS Competitions
MS Competitions, 11A High Street, Cullompton, Devon , EX15 , Unit 19, 20 & AB
Email. info@mscompetitions.co.uk
Phone. 07749 092242