- Qualifying Persons
a. The Gear Giveaway. A McDonald Lawrence Ltd company (‘TGG’, 'Promoter', 'our(s)') operate competitions – skilled prize competitions resulting in the allocation of prizes in accordance with these Terms and Conditions at selected events and on the website www.thegeargiveaway.com (the 'Website') - (the ‘Competition(s)').
b. Unless stated in the individual competition details, competitions are open to all persons aged 18 and over and are residents of the United Kingdom, including Northern Ireland excluding the Promoter's employees or members of their immediate family, agents or any other person who is connected with the creation or administration of our Competitions.
c. Where a competition is open to participants outside of the United Kingdom and Northern Ireland:
- the Entrant is deemed to confirm that they are eligible to do so and eligible to claim the Prize they may win. The Gear Giveaway may require an Entrant to provide proof that they are eligible to enter the competition.
- The Gear Giveaway does not offer any competitions in any jurisdiction where such an offer or solicitation is unlawful or would impose any unfulfilled registration, qualification, publication or approval requirements.
- It is the Entrant's responsibly to ensure that they are not located in a jurisdiction where it is not unlawful for them to enter this competition.
2. Legal Undertaking
a. By entering a Competition the entrant ('Entrant', 'you', 'your(s)') will be deemed to have legal capacity to do so, you will have read and understood these Terms and Conditions and you will be bound by them and by any other requirements set out in any related promotional material.
b. These Competitions are governed by English Law and any matters relating to the Competition will be resolved under English Law and the Courts of England shall have exclusive jurisdiction.
3. The competition
a. These terms and conditions apply to all competitions listed on the Promoter’s website at https://thegeargiveaway.com (the “Website”)
b. Competitions are skill-based competitions and an entry fee is payable each time you enter.
c. To be in with a chance of winning, everyone who enters the competition (an “Entrant”) will be required to correctly answer a question set by the Promoter (the “Competition Question”).
4. The rules of the competition and how to enter are as follows:
a. In order to be eligible to purchase a ticket, each entrant must answer a “testing” question of reasonable skill. Failure to answer this question correctly will result in the entrant being denied entry into the competition.
b. Each competition will have a number tickets defined per competition for sale online via the website, each entrant may purchase as many tickets as they wish up to the limit displayed on the competition.
c. The draw for each competition will take place 48 hours after the closing date indicated on the competition. All entrants will be notified via email and announcements will be made via social media.
d. The draws will consist of a random selection via Google Random Number Generator.
e. All draws will be live streamed on the following social media streams: Facebook.
f. You may enter the competition for free by complying with the following conditions:
i. Send your entry by first class post on an unenclosed postcard to the Promoter at the following address: The Gear Giveaway, 93 Queen Elizabeth Road, Cirencester, GL7 1DH ;
ii. include with your entry the following information:
iii. your full name;
iv. your address;
v. a contact telephone number and email address;
vi. the full title for the competition you want to enter for;
vii. your answer to the Competition Question.
viii. incomplete or illegible entries will be disqualified;
ix. Each free entry must be submitted and posted to the Promoter separately. Bulk entries in one envelope will not be accepted as multiple entries and if a bulk entry is received, it will be counted as one single entry;
x. Postal entries are limited to one entry per person for each competition;
xi. by entering the competition, you are confirming that you are eligible to enter and accept these terms and conditions;
xii. your entry must be received by the Promoter 48 hours before Closing Date. Entries received after this will not be entered into the random draw;
xiii. Entrants must have a valid account with The Gear Giveaway with all details filled out and matching those provided on the written submission. If your personal details are not completed in your account we cannot validate your entry. Submissions failing to meet all of the above criteria and criteria in our terms and conditions will be invalid.
xiv. the Promoter will not acknowledge receipt of your entry nor confirm if your answer to the Competition Question is correct;
xv. if the number of paid entries reaches any cap or limit before your free entry is received, you will not be entered into the random draw.
5. The Prize
a. The prize is as advertised on the website
b. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
c. The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
d. The Promoter makes no warranty as to the performance of any prize (such as guitars, pedals, etc.) any issues or faults pertaining to mechanical or technical issues with any prize must be taken up with the manufacturer.
e. The Promoter will only accept returns or offer refunds for prizes which prove to be damaged or lost in transit.
6. How winners will be determined and how they will be contacted
a. Winners will be chosen: At random
b. The winner will be notified by email and/or DM on Twitter/Facebook and/or letter within 28 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
c. Where the prize is to be posted to the Winner, a notice of postage will be sent. All prizes delivered by post will be required to be signed for on delivery.
d. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
e. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
7. General
a. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
b. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to the Promoter and not to any other party. The information provided will be used in conjunction with the following <Privacy Policy>
8. Winners' Personal Data
a. Acceptance of the prize by the Winner will mean they are required to have their photo and video taken by the Promoter for promotional purposes (Public Relations and Marketing), both immediately after their win and in the future for use in accordance with rule 8.b, unless prohibited by law.
b. By entering a Competition, you agree to the use of your name, address, and/or photograph or other likeness, as well as your appearance at publicity events without any additional compensation (save for reasonable travel expenses) and as required by the Promoter if you are declared a Winner.
c. Any personal data relating to the winner or any other entrants will be used solely in accordance with current [UK] data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
d. The winner’s name will be available 28 days after closing date by emailing the following address: admin@thegeargivaway.com
e. Entry into the competition will be deemed as acceptance of these terms and conditions.
9. Limits of Liability
a. The Promoter makes no representations or warranties as to the quality/suitability of any of the goods or services offered as prizes. Except for liability for death or personal injury caused by the negligence of the Promoter, 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 Winner(s), or in connection with any of the Competitions promoted by the Promoter.
b. The Promoter accepts no liability for any loss or injury or any other damage incurred by the Entrant as a result of using the Prize
10. Electronic Communications
a. No responsibility will be accepted 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 best 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 Competition prize and award it to the correct Entrant, at its sole discretion and without admission of liability.
b. The Promoter reserves the right at its sole discretion to extend the closing date of any competition, if for any reason any aspect of the competition is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Competition. The Promoter may in its sole discretion cancel, terminate, modify or suspend a Competition, or invalidate any affected entries. In the event that the Promoter closes a Competition early, the Winner may be selected from all valid and eligible Entries received by the Promoter prior to the date of closure, except that the Promoter reserves the right, at its sole discretion, to close a Competition early without selecting a Winner. In the event that a Competition is closed without selecting a Winner, the Promoter will give all entrants Dream Car Credit to enable them to replay equivalent tickets in a subsequent competition.
c. The Promoter shall not be liable for any economic or other consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due. The Promoter shall use its best endeavours to ensure that the software and website(s) used to operate its Competitions perform correctly and accurately across the latest versions of popular internet, tablet and mobile browsers. For the avoidance of doubt, only the ticket coordinates 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. Competition coordinates may be checked at any time by accessing your account at www.thegeargiveaway.com.
11. Data Protection Notice
a. 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 used by the Promoter to administer the Competition and fulfil prizes where applicable. 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.
12. Validation
a. The Promoter hereby reserves the right not distribute a Prize until it is satisfied that (a) the Winner has a validly registered account and/or is not in breach of these terms and conditions, (b) any and/or all amounts due or owing to the Promoter have been paid in full (for example there has been no chargeback or reversal of payment by the Entrant), (c) the age and identity of the Winner and his or her entitlement to receive the Prize has been established to the Promoter’s satisfaction.
b. Prizes will not be distributed to any Winner found to be under the age of 18.
c. Without prejudice to rule 25.a above, the Promoter reserves the right not to distribute a Prize where it reasonably suspects the occurrence of fraud in relation to a Competition.
d. The Promoter may, at its absolute and sole discretion, distribute a Prize to a person whom it is satisfied is the duly authorised representative of the Winner, acting under a lawfully executed power of attorney or other equivalent authorisation.
13. Your account
a. 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 (a) memorise your password and never tell it to anyone, (b) 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, (c) destroy any communications from the Promoter in relation to your password as soon as you have read them, (d) avoid using a password that is easy to guess, (e) 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), (f) log off or exit from your account when not using it, and (g) keep your password or other access information secret,
b. 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
c. 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.
d. 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).
e. 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 26.e 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.