Due to the nature of this Competition, one where the success of participants depends on them exercising a genuine degree of skill or judgement or to display knowledge, it is permitted to operate free of any regulatory control under the Gambling Commission or the Gambling Act 2005.
The Promoter of the competition is: Mr Johnny Stokes trading as Pemberton Cars of Pemberton Cars Head Office, Norwich, Norfolk. NR14 6ED.
The title of the competition is to Win This Mitsubishi Evolution.
The competition will run from 00:05 on 12–08–2019 (the “Opening Date”) until 00:05 on 12-11-2019 or until such time and date as at least 1199 amount of tickets have been sold whichever is the later (the “Closing Date”).
To enter the competition, participants must enter online at our competition website at www.pembertoncars.co.uk/car-competitions by creating an online account, making payment of the entry fee and submitting their answer to the Competition Challenge. Participants must use their skill or knowledge to complete the Competition Challenge correctly (in line with the answer held by the Promoter) to be eligible to be entered into the draw for the opportunity to win the Prize (“Eligible Entrant”).
Participants are permitted to purchase as many tickets as they wish (subject to availability).
The Promoter will not accept:
- responsibility for competition entries that are unsuccessful or not received by the Closing Date as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind;
- proof of transmission as proof of receipt of entry to the competition; or
- responsibility for any failure or inability to make contact with an Eligible Entrant due to any errors or inaccuracies in the contact details provided by the participants.
By submitting a competition entry, you are agreeing to be bound by these terms and conditions and all participants acknowledge that payment of the fee to take part in the Competition Challenge and entry does not guarantee in any way that they will win the Prize. You also acknowledge that only those entrants that successfully complete the Competition Challenge having made payment of the entry fee will be entered into the Prize draw.
If all the tickets have not been sold within the timeframe of the opening date, the competition will be cancelled and any persons that have paid to enter the competition before that date shall have their entry fee fully refunded.
The competition is open to all persons aged 18 years or over, except:
- employees of the Promoter or its holding or subsidiary companies;
- employees of agents or suppliers of the Promoter or its holding or subsidiary companies, who are professionally connected with the competition or its administration; or
- members of the immediate families or households of (a) and (b) above.
In entering the competition, you confirm that you are eligible to do so and eligible to claim the Prize. The Promoter may require you to provide proof that you are eligible to enter the competition.
Entries on behalf of another person will not be accepted and joint submissions are not allowed.
The Promoter reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize competition.
Competition entries cannot be returned.
The Prize is to Win This Mitsubishi Evolution, as shown on the competition website.
If you are the winner, you will be solely responsible for ensuring that you are able to collect the Prize by ensuring you, or an accompanying adult, hold a valid full UK driving licence and have in place the appropriate vehicle tax and insurance. The Promoter shall require you to provide proof that you are legally compliant before you are entitled to collect the Prize.
There is no cash alternative for the Prize which must be taken as stated and the Prize is not negotiable or transferable. By entering the competition, the winner accepts that no warranty of the roadworthiness, value or condition of the Prize shall be provided by the Promoter and following collection of the Prize or the ongoing maintenance for the same, the Promoter relinquishes all responsibility for the same, subject to clause 8.
The result of the competition is final and no correspondence or discussion will be entered into.
All participants will be notified via email and/or text message that the competition has closed on the Closing Date and will be provided with a hyperlink to watch the LIVE draw at such time as shall be notified within the confirmation email and/or text message.
All Eligible Entrants shall then be entered into a blind prize draw using their draw reference number.
The lucky winner shall be determined by Google’s ‘Random Number Generator’ so you can experience the draw in real time. The winner of the competition will be announced via the LIVE draw on a Sunday evening of the Promoter’s choosing (as soon as possible) of the Closing Date, at 7:00 pm (19:00 hours GMT) (Announcement Date), which will be communicated with all participants within the confirmation email and/or text message.
The Promoter will then contact the winner personally as soon as practicable after the Announcement Date, using the telephone number and/or email address provided within the competition entry.
If you are the lucky winner of the Prize, you must personally attend Treadz Tyres Limited, Unit 15 Phoenix Enterprise Park, Lowestoft, Suffolk. NR33 7NF (unless agreed otherwise) to collect the Prize within fourteen days of the Announcement Date. When you attend to collect the Prize, Johnny Stokes will personally hand over the car to you and provide relevant details (if any) about the car (including but not limited to upkeep and general advice). When you attend to collect the Prize, you (and/or anyone who has attended with you) will be asked to have a photograph taken with the Prize, whilst wearing a laurel wreath and a Pemberton Cars hat. The photograph shall be used for promotional purposes and to announce you as the winner. You will also receive the logbook for the Prize, and a bottle of champagne (subject to change and at the Promoter’s discretion). If you do not claim the Prize by this date you may forfeit your right to claim the Prize in accordance with clause 7.3 below.
The Prize may not be claimed by a third party on your behalf and you will be asked to provide proof of identity and entry at the time of collection of the Prize.
The Promoter will make all reasonable efforts to contact the winner. If the winner cannot be contacted or is not available, or has not claimed their Prize within seven-days of the Announcement Date or on the date notified to them by the Promoter in accordance with 7.1, the Promoter reserves the right to:
- offer the Prize to another Eligible Entrant chosen randomly from the correct entries that were received before the Closing Date; or
- deliver the Prize to the winner, on the condition that payment of the reasonable costs of delivery is made to the Promoter; or
- require the winner to forfeit the Prize, in which case the Promoter may deal with or dispose of the Prize as it sees fit.
The Promoter does not accept any responsibility if you are not able to take up the Prize for whatever reason. Ownership of the Prize shall remain with the Promoter until such time as the winner has collected the Prize or the Promoter has delivered the Prize in accordance with 7.3(b).
The winner will be requested to partake in promotional material with the Promoter upon collection of the Prize including, but not limited to, a photograph of the winner with the Prize, and agrees to allow the Promoter to announce them as the winner, together with their details, on the Promoter’s website, and via social media accounts controlled by the Promoter.
Insofar as is permitted by law, the Promoter, its 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 the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.
All competition entries and any accompanying material submitted to the Promoter will become the property of the Promoter on receipt and will not be returned.
You agree that the Promoter may, but is not required to, make your entry available on its website www.pembertoncars.co.uk and any other media, whether now known or invented in the future, and in connection with any publicity of the competition. You agree to grant the Promoter a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the competition entry, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the competition entry for such purposes.
The Promoter will only process your personal information as set out at www.pembertoncars.co.uk/privacy and in accordance with data protection legislation.
If there is any reason to believe that there has been a breach of these terms and conditions, suspected fraudulent activity or misuse of the competition, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the competition.
The Promoter reserves the right to void, suspend, cancel, or amend the prize competition where it becomes necessary to do so.
Except where the Promoter cancels the competition (in which case all entry fees shall be returned to participants), all entries are final and no refunds shall be made.
The Promoter reserves the right to amend these terms and conditions at any time.
These terms and conditions and any dispute or claim arising out of, or in connection with them, their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with, the laws of England and Wales, and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms and conditions, their subject matter or formation (including non-contractual disputes or claims).
We hope you have read and understood the above terms and conditions, but please do remember this draw is a fun way to share our passion for cars with you and to offer you the opportunity to Win This Mitsubishi Evolution.
When The Fun Stops… Stop! Further information is available on the website www.whenthefunstops.co.uk
We want the above information to be as accessible as possible, so please do contact Johnny Stokes via www.pembertoncars.co.uk/contact if you would like any clarification or have any questions about the draw.
Any questions, please do not hesitate to use the message tab to the right of your screen as we are here to help and reassure you of anything you may wish to know.