1. The Promoter
- 1.1 The promoter is Marwood Makes Ltd (the “Promoter”). Our correspondence address is 165 Holcombe Close, Bath, BA2 6UR. If you wish to contact us for any reason, please email firstname.lastname@example.org
2. The Competition
- 2.1 These terms and conditions (the “Terms & Conditions”) apply to all competitions listed on the Promoter’s website at marwoodmakes.com (the “Website”).
- 2.2 All competitions are skill-based competitions and an entry fee is payable each time you enter. Where the Promoter offers a skill-based multiple choice question, a free postal entry route is also available.
- 2.3 To be in with a chance of winning, everyone who enters the competition (an “Entrant”) will be required to correctly answer a question or solve a problem set by the Promoter (the “Competition Question”).
3. How to Enter
- 3.1 The competition will run from the opening date and time, to the closing date and time, as specified on the Website. These dates shall be referred to as the “Opening Date & Time” and “Closing Date & Time”. The prize draw will take place after the Closing Date & Time and shall be referred to as the “Draw Date & Time”. All times and dates referred to are the times and dates in London, England.
- 3.2 The Promoter will only change or extend a Closing Date & Time and/or Draw Date & Time in very exceptional and unavoidable circumstances beyond their control which make it necessary to do so. If the Promoter does change the Closing Date & Time and/or Draw Date & Time of a competition, the new details will be displayed on the Website.
- 3.3 All competition entries must be received by the Promoter by no later than the Closing Date & Time. All competition entries received after the Closing Date & Time are automatically disqualified and no refunds will be given.
- 3.4 The maximum number of total entries to each competition will be clearly stated on the Website.
- 3.5 Entrants can enter the competition with up to the stated amount on the chosen competition page until the maximum number of entries has been received.
- 3.6 To enter the competition:
- (a) go to the Website and view the Competition Question on the competition page; then
- (b) complete and submit the online entry form to purchase the required number of entries, submitting your answer to the Competition Question and agreeing to the Terms & Conditions; or
- (c) submit a postal entry (see clause 3.10)
- 3.7 All entries must be submitted in the English language. Entries in languages other than English will automatically be disqualified and no refund will be given.
- 3.8 To the maximum extent permitted by law, the Promoter will not accept responsibility for competition entries that are not successfully completed, are lost or are delayed 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.
- 3.9 By purchasing or submitting competition entries, you are entering into a contract with the Promoter and are agreeing to be bound by these Terms & Conditions.
- 3.10 You may also enter the competition for free by post, by complying with the following conditions:
- (a) send your entry by first or second class post, by unenclosed postcard, to the Promoter at the following address: Marwood Makes, 165 Holcombe Close, Bath, BA2 6UR;
- (b) hand delivered entries will not be accepted and will not be entered into the prize draw;
- (c) include with your entry the following information:
- (i) your full name and date of birth;
- (ii) your full postal address;
- (iii) your contact telephone number and email address;
- (iv) your answer to the Competition Question; and
- (v) your statement confirming that you are a resident of Great Britain, aged 18 years or over and that you agree to the Terms & Conditions of the competition.
- (vi) Clearly state the competition you would like to enter; (See 3.5)
- (d) incomplete or illegible entries will be disqualified;
- (e) maximum 1 postal entry per person; bulk entries on one postcard will not be accepted and if an attempted bulk entry is received, it will not be counted;
- (f) by entering the competition, you are confirming that you are eligible to enter and accept these Terms & Conditions;
- (g) your entry must be received by the Promoter prior to the Closing Date & Time; entries received after the Closing Date & Time will not be entered into the prize draw; proof of posting does not guarantee that you will be entered into the prize draw;
- (h) if the number of entries received reaches any cap or limit to the number of competition entry tickets available before your free entry is received, you will not be entered into the prize draw;
- (i) if you enter by post, your full name and ticket number will be available on the Entry List page on the Website prior to the Draw Date & Time specified for each competition.
4. Choosing a Winner
- 4.1 All Entrants who correctly answer the Competition Question will be placed into a draw and the winner will be chosen by random draw (the “Winner”). The random draw will take place on the Draw Date & Time as stated in the competition details on the Website.
- 4.2 The names and entry numbers of all valid Entrants will be published on the Website on the Entry List page. These may be visible during the live draw.
- 5.1 The competition is only open to residents in Great Britain, aged 18 years or over, except:
- (a) employees of the Promoter;
- (b) employees of agents or suppliers of the Promoter, who are professionally connected with the competition or its administration; or
- (c) members of the immediate families or households of (a) and (b) above.
- 5.2 By entering the competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. The Promoter may require you to provide proof that you are eligible to enter the competition and claim the prize. If you fail to provide the Promoter with any such proof or other information that they may require within a reasonable time, you may be disqualified from the competition.
- 5.3 The Promoter will not accept competition entries that are:
- (a) automatically generated by computer; or
- (b) incomplete.
- 5.4 The Promoter reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize competition. This includes if you are rude or abusive to the Promoter or anyone associated with them.
- 5.5 Subject to clause 11, no refunds of the entry fee will be given in any event, including:
- (a) if, following your entry into the competition, you subsequently find out that you are not eligible to enter the competition or claim the prize;
- (b) if, following your entry into the competition, the eligibility criteria for entering the competition or claiming the prize changes and you are no longer eligible; or
- (c) if you are disqualified from the competition by the Promoter for any reason.
- 5.6 If the Entrant engages in/or has:
- (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;
- (e) amending, or unauthorised use of, any of the code that constitutes the Website; or
- (f) used a non-GB address is when purchasing an entry;
- then all of their entries will be declared void, no refunds will be given and they may be prevented from participating in any future competitions.
6. The Prize
- 6.1 The prize for each competition is described on the Website (the “Prize”). Details of the Prize are, to the best of the Promoter’s knowledge, information and belief, correct as at the Opening Date & Time.
- 6.2 Prizes are subject to availability. The Promoter reserves the right to substitute any Prize with a Prize of equal or greater value. If any details of the Prize change, the Promoter will endeavor to update the Website as soon as reasonably possible. The Promoter reserves the right to substitute any component of the Prize with an equivalent or more suitable component, based on availability and the Winner’s choice of the size of the boat.
- 6.3 The Promoter makes no representations, gives no warranties and holds no responsibility about the Prize, its value, its condition or any other information provided on the Website. The Promoter makes no representations and gives no warranties that the information provided on the Website is accurate, complete or up to date.
- 6.4 If the Prize is a widebeam or narrowboat:
- (a) the Promoter will, unless otherwise stated, ensure it comes with a valid RCD (Recreational Craft Directive), if required;
- (b) one year insurance will be paid for, as part of the Prize;
- (c) the Promoter has no responsibility for the Prize once it has been received by the Winner; the Winner is solely responsible for complying with all relevant laws and regulations relating to the vessel, its operation and ensuring they operate it in a safe and responsible manner;
- (d) one year paid license from the Canal & River Trust is included;
- (e) the Winner is responsible for ensuring they have the necessary licenses, qualification, knowledge and experience to operate the vessel safely and legally;
- (f) the Winner is solely responsible for ensuring they have all necessary safety equipment and clothing (for example, helmets, boots and gloves) and for wearing them whilst operating the vessel;
- (g) all appliances will come with a standard manufacturer warranty, and the engine will only be covered by the standard manufacturer warranty.
- 6.5 If the Prize is a vehicle:
(a) the Promoter will, unless otherwise stated, ensure it comes with a valid MOT (if required);
(b) no insurance is included with the Prize and it is the Winner’s responsibility to ensure the vehicle is adequately insured prior to taking it on the public roads (if it is legal to do so) (c) the Promoter has no responsibility for the Prize once it has been received. The Winner is solely responsible for complying with all relevant laws and regulations relating to the vehicle, its operation and ensuring they operate it in a safe and responsible manner; (d) no vehicle/road tax is included; Unless advertised otherwis (e) the Winner is responsible for ensuring they have the necessary licenses, qualification, knowledge and experience to operate the vehicle safely and legally; (f) the Winner is solely responsible for ensuring they have all necessary safety equipment and clothing (for example, helmets, boots and gloves) and for wearing them whilst operating the vehicle.
- 6.6 If the prize consists of a boating holiday, please note the following terms and conditions:
- (a) The winner must designate a person aged 21 years or older to navigate the boat.
- (b) The winner has the choice to utilize the holiday while the boat is stationed at a fixed mooring, subject to prior arrangement.
- (c) The winner has a window of 14 days, following the prize announcement, to coordinate with the Promoter and book their preferred dates for the holiday.
- (d) Prior to confirming any dates, the winner must agree to the terms and conditions of hiring the boat. These terms will be provided directly to the winner by the Promoter.
- (e) The winner is required to confirm with the Promoter that they have reviewed and understood any boating-related material sent by the Promoter, such as cruising techniques, lock operations, and health and safety guidelines.
- (f) The winner bears the sole responsibility for ensuring they possess all necessary safety equipment and attire (e.g. boots, gloves, rain jacket) and must wear them while operating the vessel.
- (g) Travel arrangements to and from the prize location in Bath are the winner’s responsibility, and they must make their own travel arrangements accordingly.
- 6.7 The Prize may be supplied by a third-party supplier.
- 6.8 The Promoter reserves the right to substitute the Prize for one of cash of equivalent value.
- 6.9 The Winner of the competition will be given the option to choose from a range of fixtures, fittings, flooring, colour tones, exterior paint job, name, worktop, tiles and other design elements chosen by our in-house designer.
- 6.10 The Winner must choose their preferred design elements from the available options and no exceptions will be made on choice outside of what is available.
- 6.11 The Promoter will make reasonable efforts to provide the Winner with their preferred design elements. However, if circumstances beyond the Promoter’s control make it necessary to do so, the Promoter reserves the right to substitute the chosen design elements with similar options.
- 6.12 The Winner must make their choices within the timeframe specified by the Promoter. Failure to do so may result in the Promoter selecting the design elements on the Winner’s behalf.
- 6.13 The Winner acknowledges that to the maximum extent permitted by law, any personalisation, fitting or installation of the chosen design elements will be at their own risk, and the Promoter will not be held liable for any damage or issues arising from the personalisation, fitting or installation, or decrease in value.
- 6.14 The value of the Prize offered in this competition is an estimated value based on current market prices.
- 6.15 The actual value of the Prize may vary depending on the market conditions at the time the Prize is awarded.
- 6.16 The Winner also acknowledges that no cash substitute will be provided for the Prize.
- 6.17 The Winner must accept the Prize as offered and is not entitled to transfer, exchange or resell the Prize or any part of it. After the Prize has been collected by the Winner, and ownership of the boat has been transferred to the Winner, the Winner can from that point transfer or sell the boat as they wish.
- 6.18 To the maximum extent permitted by law, the Promoter will not be liable for any loss, damage or injury arising from or in connection with the Prize or its use, except in cases of negligence or breach of statutory duty on the part of the Promoter.
- 6.19 The Prize is not negotiable or transferable.
- 7.1 The decision of the Promoter is final and no correspondence or discussion will be entered into.
- 7.2 The Promoter will contact the Winner personally as soon as practicable after the Draw Date & Time, using the telephone number and/or email address provided with the competition entry. If the Winner cannot be contacted or is not available, or has not claimed the Prize within 14 days of the Draw Date, the Promoter reserves the right to re-draw the draw from all correct entrants that were received before the Closing Date & Time.
- 7.3 The Winner must provide a copy of their passport or driving licence in order to confirm they are both a GB resident and aged 18 or over (at the time of entering the competition). If the winner is under the age of 18 and/or resides outside of Great Britain, their ticket will be invalidated and the Promoter reserves the right to re-draw the draw from all correct entrants that were received before the Closing Date & Time.
- 7.4 The Promoter must either publish or make available information that indicates that a valid draw took place. To comply with this obligation the Promoter will publish the name and town/city of major prize winners on the Website.
8. Claiming the Prize
- 8.1 You must claim the Prize personally. The Prize may not be claimed by a third party on your behalf. Arrangements for construction of the vessel prizes will be made within 7 days of the Winner being drawn, directly with the Winner. If the Prize is a vehicle, the Winner will need to collect their Prize from Bath, unless other arrangements are made between the Promoter and the Winner. Any damages made upon transportation will be the responsibility of the Winner.
- 8.2 If your personal details, including contact information, changes at any time, you should notify the Promoter as soon as reasonably possible. Notifications should be sent to the Promoter via email to email@example.com. Notifications must include details of the competition you have entered, your old details and your new details.
- 8.3 Any Cash Prize will be transferred directly to the Winner’s nominated GB bank account. The Winner must provide evidence that they are the sole or joint beneficiary of the bank account. Failure to do so within 14 days will result in disqualification from the competition and the Winner forfeiting the Prize. In such circumstances, the Promoter reserves the right to re-draw the draw from all correct entrants that were received before the Closing Date & Time.
- 8.4 The Promoter does not accept any responsibility and is not liable to pay any compensation if the Winner is unable to or does not take up the Prize.
- 8.5 The Promoter will not be liable for any delays in delivery of the Prize due to unforeseen circumstances or factors beyond its control.
- 8.6 The Winner accepts the responsibility for any charges or fees incurred as a result of using the Prize.
- 8.7 The Winner acknowledges that any damages made upon transportation to the Prize will be the responsibility of the Winner, and the Promoter will not be liable for any damages incurred during transportation or delivery.
- 8.8 The Winner is advised to inspect the Prize promptly upon receiving it and to notify the Promoter within 72 hours of receipt if there are any damages or issues with the Prize or its delivery.
9. Limitation of Liability
- 9.1 To the maximum extent permitted by law, the Promoter shall not have any liability to you or any Winner in connection with or arising from any competition howsoever caused, including costs, expenses, damages and any other liabilities, provided that nothing in this clause shall limit the Promoter’s liability for personal injury or death caused by the Promoter’s negligence.
- 9.2 The Promoter’s total maximum aggregate liability to each Winner shall be limited to the total value of any one Prize.
- 9.3 The Promoter’s total maximum aggregate liability for non-winners shall be limited to the amount paid to enter the competition.
- 9.4 Except for any legal responsibility that cannot be excluded in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, the Promoter is not legally responsible for any:
- (a) losses that were not foreseeable to you and the Promoter when these Terms & Conditions were formed;
- (b) losses that were not caused by any breach on the Promoter’s part;
- (c) business losses; and
- (d) losses to non-consumers.
10. Data Protection & Publicity
- 10.2 If you are the Winner of the competition, you agree that the Promoter may use your name, image and town/city of residence to announce the Winner of this competition. You further agree to participate in any reasonable publicity required by the Promoter.
- 10.3 If you do not agree to participate in any publicity about the competition, the Promoter may still provide your details to the Advertising Standards Authority. This is a legal requirement that the Promoter must comply with to prove that the competition has been properly administered and the Prize awarded.
- 10.4 If you are the Winner of the competition, you may be required to provide further personal information and proof of your identity in order to confirm your eligibility to claim the Prize and transfer ownership of the Prize to you. If you are not able to provide valid personal information and proof of identity, the Promoter reserves the right to re-draw the draw from all correct entrants that were received before the Closing Date & Time.
11. Refunds & Cancellation Policy
- 11.1 All Entries to the Competition are final and no refunds shall be made at any time or for any reason, except in the case of entries submitted after the Closing Date & Time or if the Promoter cancels the competition.
- 11.2 The Promoter reserves the right to hold void, suspend, cancel, or amend the competition where it becomes necessary to do so. In such circumstances, the Promoter will refund any entry fees you have paid.
12. Intellectual Property
- 12.1 You will retain ownership of all intellectual property rights (including copyright) in your entry (including entry notes), but you agree to grant The Promoter a license to use it for any purpose connected to this competition.
- 12.2 The license will last for the duration of the relevant intellectual property right and includes the right for The Promoter to:
- (a) edit or modify your entry (including resizing, adjusting the color and adding elements such as text);
- (b) adapt it or incorporate it into other materials;
- (c) sub-licence it to third parties or companies in our group to use for the purposes described in these Terms & Conditions; and
- (d) republish it (or any version modified in the way described above) on any media anywhere in the world.
- 12.3 You confirm that your entry:
- (a) is your own original work and does not breach any third party’s intellectual property rights (for example, by including a company’s trademark without permission);
- (b) is not defamatory, offensive, threatening, discriminatory, distasteful, pornographic or illegal;
- (c) can be submitted to The Promoter and used without breaching any contractual obligation to any person; and
- (d) does not contain anything which may be confidential or commercially sensitive.
- 12.4 If your entry contains photographs or video images of people, you must ensure that you inform them that you intend to use the material for the purposes of this promotion and obtain their consent.
- 12.5 We may ask you for evidence of any such consent and reserve the right to disqualify your entry if you are unable to provide it or if we have doubts about its adequacy.
- 12.6 You are not entitled to any fees for granting the license and you are not entitled to terminate it unless we agree in writing.
- 13.1 The Promoter will try to resolve any disputes with you quickly and efficiently. If you are unhappy with The Promoter, please get in contact as soon as possible.
- 13.2 If a dispute cannot be resolved or you are unhappy with the outcome, you may wish to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and The Promoter that does not involve going to court.
- 13.3 If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.
- 13.4 The laws of England and Wales will apply to these Terms & Conditions. If you want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to these Terms & Conditions.
14. Rights of Third Parties
- 14.1 No-one other than a party to these Terms & Conditions has any right to enforce any of these Terms & Conditions.
- 15.1 The Promoter reserves the right to amend these Terms & Conditions from time to time. The latest version of these Terms & Conditions will be available on the Website.
- 15.2 If there is any reason to believe that there has been a breach of these Terms & Conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the competition and any future competitions.
- 15.3 The competitions on the Website are in no way sponsored, endorsed, administered by or associated with Facebook or Instagram. By entering the competitions, Entrants agree that Facebook and Instagram has no liability and is not responsible for the administration or promotion of the competitions.
- 15.4 The Promoter reserves the right to refuse or remove entry to any person(s). The Promoter will remove customer details from their database and provide a full refund if they choose to perform this action. If a person has been removed, notified and refunded from any competitions, any future accounts or entries they create using differing emails, names and/or addresses will be void, even if they possess a winning ticket number to a future competition. The Promoter reserves the right to re-draw the draw from all correct entrants that were received before the Closing Date & Time.
- 15.5 Any discount codes provided or promoted on the website, in newsletters, on flyers or any other online or offline marketing materials are valid for discounts on competition tickets only (not boat fitouts, campervan conversions or any other services).
- 15.6 You should print a copy of these Terms & Conditions and keep them for your records.