TERMS AND CONDITIONS
1.1 These terms and conditions (our “General Terms”) apply to all competitions promoted by First Group Enterprises Limited (the “Competitions”). Each Competition also has its own specific terms and conditions such as the details of how to enter, what the opening/closing dates are and what sort of prize you may win (the “Specific Terms”.) If the Specific Terms conflict with these General Terms, the Specific Terms will take precedence.
1.2 We may change these General Terms at any time.
1.3 By entering any Competition you agree that you are legally bound by these General Terms and any applicable Specific Terms.
2. IDENTITY OF FIRST GROUP ENTERPRISES LIMITED OF THE COMPETITION
2.1 Unless any Specific Terms tell you otherwise, First Group Enterprises Limited of each Competition is First Group Enterprises Limited. If First Group Enterprises Limited is a third party the terms “we” and “us” in these General Terms shall refer to both First Group Enterprises Limited and the third party promoter.
2.2 First Group Enterprises Limited is a company registered in England and Wales. Our registered office is at First News, 1st Floor, 58 Southwark Bridge Road, SE1 0AS. [You can write to us at that address if you have any concerns in relation to any of our Competitions – please set out clearly the name of the Competition and your concern.]
3. ELIGIBILITY RULES FOR OUR COMPETITIONS
3.1 Where entrants are required to sign a release or other document before participating in a Competition and the entrant is under the age of 17 years, such document must be signed by that person’s parent or legal guardian before participation in the Competition.
3.2 Any minimum or maximum age requirements will be stated in the Specific Terms for the relevant Competition.
3.3 Certain Competitions may have additional eligibility requirements, such as valid passports, visas, good physical health and so on. Any such additional eligibility requirements will be stated in the Specific Terms covering the relevant Competition.
3.4 It will be our sole decision as to whether any eligibility requirement has or has not been met and we may require evidence or confirmation from entrants before awarding prizes.
3.5 The competition is only open to all residents in the UK, except:
(a) employees of First Group Enterprises Limited or its holding or subsidiary companies;
(b) employees of agents or suppliers of First Group Enterprises Limited or its holding or subsidiary companies, who are professionally connected with the competition or its administration; or
(c) members of the immediate families or households of (a) and (b) above.
3.6 In entering the competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. First Group Enterprises Limited may require you to provide proof that you are eligible to enter the competition.
4. [HOW TO ENTER
4.1 The competition will run from [TIME] on [DATE] (the “Opening Date”) to [TIME] on [DATE] (the “Closing Date”) inclusive.
4.2 All competition entries must be received by First Group Enterprises Limited no later than [TIME] on the Closing Date. All competition entries received after the Closing Date are automatically disqualified.
4.3 To enter the competition:
(a) by post: to be valid, Entries must be received after the Opening time and before the closing time. Entries that are submitted before the opening time and after the closing time will not be entered in the Competition;
(b) by email: to be valid, entries must be received after the Opening time and before the Closing time. Entries that are submitted before the Opening time and after the Closing time will not be entered in the Competition;
(c) by webform: to be valid, entries must be received after the opening time and before the closing time. Entries that are submitted before the opening time and after the closing time will not be entered in the Competition.
4.4 First Group Enterprises Limited will not accept competition entries that are:
(a) automatically generated by computer;
(b) completed by third parties or in bulk;
(c) illegible, have been altered, reconstructed, forged or tampered with;
(d) photocopies and not originals; or
4.5 There is a limit of one entry per person. Entries on behalf of another person will not be accepted and joint submissions are not allowed.
4.6 [First Group Enterprises Limited reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize competition.]
4.7 [Competition entries cannot be returned.]
4.8 No Payment. No fees shall be payable to any entrant in relation to their entry in any Competition.]
5. WINNER ANNOUNCEMENT
5.1 The winner of the competition will be notified in writing, within 28 days.
5.2 The decision of First Group Enterprises Limited is final and no correspondence or discussion will be entered into.
5.3 First Group Enterprises Limited will contact the winner personally as soon as practicable after the Closing Date, using the telephone number, postal address or email address provided with the competition entry.
5.4 First Group Enterprises Limited will send the name and county of the winner to anyone who writes within one month after the Closing Date of the competition requesting details of the winner and who encloses a self-addressed envelope to the address set out in condition 2.2 OR A list of Winners can be viewed at the offices of First Group Enterprises Limited set out in condition 2.2 from the Closing Date for a period of 28 days.
6.1 We reserve in all cases the right to replace the stated prizes with prizes that we consider to be of broadly equivalent value. We offer no cash alternative for non-cash prizes and prize winners must accept prizes in the form offered.
6.2 Where entrants or prize winners are required by us to sign a release or other document before redeeming a prize and the prize winners is under the age of 17 years, such document must be signed by that person’s parent or legal guardian prior to the prize being awarded.
6.3 All prize winners will be notified that they have won a prize within twenty eight (28) days of the closing date of the Competition by telephone, in writing, or via the method specified in the Competition Specific Terms.
6.4 Physical prizes will be sent to the prize winners to an address within the UK only within 30 days of the Competition closing date via the UK mail service, unless otherwise stated. We will not be liable for any prizes which are lost, delayed, or damaged in the post for reasons beyond our control.
6.5 We reserve the right to request proof of a prize winner’s identity, age and address. In the event that a prize winner cannot provide us with proof of identity and age reasonably acceptable to us, we may withdraw the prize and select another prize winner.
6.6 We reserve the right to disqualify entrants from entering our Competitions or prize winners from receiving their prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
6.7 All prizes are non-transferable and non-exchangeable. Where prizes consist of entry tickets, attendance at events, holidays and similar time-specific benefits, they must be taken on the dates specified in the relevant Specific Terms. If a prize winners does not take any element of a prize at the time stipulated by us (or any relevant third party prize provider) then that element of the prize will be forfeited by the prize winners. No cash will be awarded in lieu of that prize or part of it.
6.8 We make no representation or warranty in relation to prizes provided and to the fullest extent permitted by law we shall have no liability to you in relation to any prize, its fitness for purpose, merchantability or otherwise.
6.9 All stated prize values are at the supplier’s recommended retail price in pounds sterling and are correct at the time of printing. We take no responsibility for any fluctuations in prize values.
6.10 No additional, further or other costs or expenses are included in any prize unless stated. For example, the costs of transport to and from a venue or an event are not included, and any accommodation prize includes the basic room charge only.
6.11 Prizes supplied by third parties are always subject to availability. Third party suppliers of prizes may also often stipulate their own terms, conditions or restrictions and all prize winners agree to be bound by these. Subject to paragraph 17.2, we shall have no liability in relation to any prize provided by a third party provider.
7. HOLIDAY PRIZES
7.1 Because of their complexity, we have certain special terms that apply to holiday prizes. These terms are set out in this section 6. Where holiday prizes include a place for a travelling companion (i.e. a holiday for the prize winners plus guest(s)) then these terms also apply to those persons.
7.2 [The holiday is provided by [NAME AND ADDRESS OF TRAVEL AGENT].]
7.3 [The holiday is for [NUMBER OF PEOPLE] to travel by [CLASS OF TRANSPORT AND TYPE OF CARRIER] to [TRAVEL DESTINATION] for [NUMBER OF NIGHTS] between [DATE] and [DATE] (excluding between [DATES]). The prize does not include travel insurance, the cost of transfers to and from airports or stations, food and drink, spending money, tax or personal expenses. Any other costs incurred in addition to those set out above and that are incidental to the fulfilment of the prize are the responsibility of the winner(s).]
7.4 [You will be responsible for ensuring that you and any person travelling with you are available to travel and hold valid passports, any necessary visas and travel documents for the holiday in question on the travel dates specified. [Dates once notified to the travel agent cannot be changed].]
7.5 It is the responsibility of the prize winners or any travelling companion (if applicable) to check any travel advisories issued by the Government and determine whether they wish to accept the risk of travelling to the holiday destination. We will not be responsible for any loss or damage suffered by any prize winners and their travelling companion (if applicable) arising out of their failure to follow any travel advisories issued by the Government.
7.6 The prize winners and their travelling companion (if applicable) must comply with and are responsible for obtaining any inoculation and complying with any health regulations required by any holiday prize destination country.
7.7 We will not be liable or responsible for any loss or damage suffered by any prize winners or their travelling companion (if applicable) if any prize winners or their travelling companion (if applicable) does not redeem a holiday prize as a result of any Government travel warning or advisory applicable to the destination country and/or countries. In particular, we shall have no obligation to substitute any alternative prize, cash equivalent or other compensation where a prize winners and/or their travelling companion (if applicable) fails to redeem a holiday prize for any reason.
7.8 Prize winners and their travelling companions must comply with the terms and limitations of airlines, other transport providers, and the venues involved in the provision of any holiday prize, including any insurance policy relating to the holiday. In particular, entrants must comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
7.9 Where the United States of America is a holiday prize destination, the prize winners and any travelling companion will be required to apply for an Electronic System for Travel Authorisation (ESTA). Applications must be submitted no later than three (3) days prior to the departure date. If this form is not lodged by both parties and within this time, they will be ineligible to enter the United States of America and will therefore forfeit their holiday prize.
7.10 All holiday prizes must be taken within six (6) months of the closing date of the relevant Competition, or within the time limit specified in the Specific Terms if different, or the prize will lapse.
8. EVENTS PRIZES
8.1 Where the prize for any Competition involves the prize winner’s attendance at (or tickets to) an event, the prize winners acknowledges that we are not liable or responsible if any part of the event is cancelled, varied or rescheduled for any reason. If this means that the prize winners (and/or any accompanying guests) cannot attend the relevant event, we shall be under no obligation to provide any cash or alternative tickets.
8.2 Entrants proposing to participate in any Competition which involves, or to redeem a prize which involves, performing stunts or physical challenges should notify us of any medical condition and we may at our absolute discretion require the entrant, as a condition of entering the Competition or receiving the prize:
(a) to submit to a medical examination by a medical practitioner approved by us and to obtain medical clearance to participate in the Competition and/or redeem the prize; and/or
(b) to execute a legal document to exonerate us from liability in a form prescribed by us in order to participate further in the Competition and/or redeem the prize.
8.3 Where prizes comprise or include “meet and greet” elements with celebrities, the prize may be subject to the availability of the celebrity in question or to rules imposed by the celebrity and we will have no liability for any inability or failure of any prize winners to attend any “meet and greet” session that has been arranged and offered on any date nor will we offer any alternative prize or cash alternative or compensation for such failure.
9. UNCLAIMED PRIZES
9.1 All prizes must be claimed within twenty-one (21) days of our notification of winning or as otherwise stated in any Specific Terms. We reserve the right to award prizes unclaimed after this period to alternative prize winners or not to award them at all.
9.2 If you do not provide us with correct and accurate up-to-date contact details, we will be unable to contact you and you may as a result forfeit your prize.
10. PUBLICITY AND PERSONAL INFORMATION
10.2 If you are the winner of the competition, you agree that First Group Enterprises Limited may use your name, image and town or county of residence to announce the winner of this competition and for any other reasonable and related promotional purposes.
10.3 [You further agree to participate in any reasonable publicity required by First Group Enterprises Limited.]
10.4 By entering the competition, you agree that any personal information provided by you with the competition entry may be held and used only by First Group Enterprises Limited or its agents and suppliers to administer the competition.
11. PHOTOGRAPHS AND VIDEOS
11.1 Should any Competition require entrants to submit a photograph or video clip as a part of entry into or participation in a Competition (collectively, “Photograph”):
(a) entrants warrant that they are the person in the photograph or have prior approval from the person in the photograph that it may be submitted as part of their entry;
(b) entrants agree that we have the right to publish and communicate to the public the Photographs in any media (including but not limited to online) at all times without restriction or limitation throughout the world and not only for the purposes of the Competition;
(c) entrants acknowledge that we may edit the Photographs in our sole discretion;
(d) entrants agree that we have the right to use entrants’ first names, likenesses, county and age in conjunction with the Photographs;
(e) entrants agree not to bring against us any actions, suits, claims and demands us any respect of defamation or any infringement or violation of any personal and/or property rights of any sort from our use of their Photographs;
(f) entrants unconditionally waive their right to seek or obtain an injunction to prevent or restrict our use of the Photographs; and
(g) entrants aged under 17 shall have obtained the consent of a parent or a guardian (and will provide us with the contact details we need if we wish to verify this).
12.1 Where any prize is awarded via a prize draw, prize winners will be chosen at random from all qualifying entries within twenty eight (28) days (unless a lesser period is specified in the Specific Terms) of the Competition closing date.
12.2 If we become aware that the same person has been selected as a prize winner more than once, that person will win once only and we will draw another name.
13.1 All competition entries and any accompanying material submitted to First Group Enterprises Limited will become the property of First Group Enterprises Limited on receipt and will not be returned OR First Group Enterprises Limited does not claim any rights of ownership in your competition entry.]
13.2 [By submitting your competition entry and any accompanying material, you agree to:
(a) assign to First Group Enterprises Limited all your intellectual property rights with full title guarantee; and
(b) waive all moral rights,
in and to your competition entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.]
13.3 For the avoidance of doubt, all rights in the name and title of the Competition and the format of the Competition are our sole property and we may exploit the same at our absolute discretion.
14. TAMPERING AND OTHER MATTERS
14.1 If for any reason any Competition is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of a Competition, we reserve the right to cancel, terminate, modify or suspend the Competition and/or any draw/s or judging related to the Competition and/or to disqualify any individual who (whether directly or indirectly) causes the problem.
15. TERMINATION OF COMPETITION
15.1 We may vary the terms of, or terminate, a Competition at any time at its absolute discretion without liability to any contestant or other person. We will not award any prize if the Competition is terminated.
16. DECISIONS FINAL
16.1 All our decisions relating to any Competition and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other person will be entered into.
16.2 Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.
16.3 Where a Competition involves voting, the accuracy of the pooled results received and published by us will be deemed to be final and binding and no correspondence will be entered into.
17. FAILURE TO ENFORCE TERMS AND CONDITIONS
17.1 A failure by us to enforce any one of these terms and conditions in any instance(s) will not give rise to any claim or right of action by any entrant or prize winners, nor shall it be deemed to be a waiver of any of our rights in relation to the same.
18. EXCLUSION OF LIABILITY
18.1 Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded.
18.2 To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any entrant or prize winners in connection with or arising out of any Competition howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence. For the avoidance of doubt, this paragraph 17.2 shall also apply in respect of any prize provided by a third party provider.
18.3 In the event that any provision of these General (or any Specific) Terms are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.
19.1 If there is any reason to believe that there has been a breach of these terms and conditions, First Group Enterprises Limited may, at its sole discretion, reserve the right to exclude you from participating in the competition.
19.2 First Group Enterprises Limited reserves the right to hold void, suspend, cancel, or amend the prize competition where it becomes necessary to do so.
19.3 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.