Toupret UK Ltd – Competition General Terms and Conditions
1. THESE TERMS AND CONDITIONS
1.1 These terms and conditions are our "General Terms" and they apply to every "Competition" that we, Toupret UK Limited, administer.
1.2 Each Competition will also have its own specific terms and conditions explaining how to enter, what the opening/closing dates are, what the Competition winner’s prize will be etc. These "Specific Terms" will be broadcast on air, published in the relevant magazine and/or published on our website.
1.3 You should always read these General Terms together with the Specific Terms. If any Specific Terms conflict with these General Terms, the Specific Terms will take precedence.
1.4 We may change these General Terms at any time so you should check this page regularly for any changes. Changes will apply from the date that they are published on this page.
1.5 By entering any Competition you are accepting that you will be legally bound by these General Terms and the applicable Specific Terms.
2.THE PROMOTER OF EACH COMPETITION
2.1 The "Promoter" of a Competition is the person who is legally responsible for administering it. For our Competitions this will be Toupret UK Ltd, a company registered in England number 05006814. The registered office is: Toupret UK Ltd. Capital Business Centre, Unit 58, 22 Carlton Road, South Croydon, CR2 0BS.
2.2 Generally, Toupret UK Limited will be the Promoter of Competitions administered on our website but if you are unsure you should check who the Promoter is in the Specific Terms.
2.3 If you have any concern in relation to any of our Competitions, you can contact us by emailing email@example.com or by post to Toupret UK Ltd. Capital Business Centre, Unit 58, 22 Carlton Road, South Croydon, CR2 0BS.
3.ELIGIBILITY RULES FOR OUR COMPETITIONS
3.1 Unless we impose a particular age limit for a Competition, they are open to all persons aged 18 and over who are resident in the UK at the date of their entry.
3.2 Certain Competitions may have additional eligibility requirements such as valid passports, visas, driving licences, good physical health etc. All eligibility requirements will be detailed in the applicable Specific Terms
3.3 Whether any eligibility requirement has or has not been met is always at our sole discretion and we may require evidence or confirmation from entrants before awarding prizes.
3.4 Toupret employees and their immediate families (and the employees of any third party sponsors, prize providers or their immediate families) may not enter any Competition.
4.ENTRY AND ENTRY METHODS
4.1 Deficient entries: In all Competitions, we reserve the right to reject any entries that are incomplete, incomprehensible, damaged or otherwise deficient. We also reserve the right to reject entries that are unlawful, indecent, racist, inflammatory, defamatory or which we consider to be otherwise harmful. We accept no responsibility for any late, lost or misdirected entries including but not limited to texts, calls or emails not received due to technical disruptions, network congestion or any other reason. Proof of posting of any postal entry will not be proof of our receipt of that entry.
4.2 Automated Entry: The use of any automated entry software or any other mechanical or electronic means that permits any person to enter any Competition repeatedly is prohibited.
4.3 Names: Entrants must enter Competitions using their legal name once only. We reserve the right to disqualify any entrant who uses multiple names and to require them to return any prize they may have won.
4.4 Multiple Entries. Unless otherwise permitted pursuant to the applicable Specific Terms, no person may enter any Competition more than once and persons may not enter or participate as part of a syndicate or on behalf of any other person, syndicate, group, society or company. If we suspect that an individual has set up a fake email address and/or social media page to circumvent this rule, we reserve the right to disqualify all entries that we reasonably believe were generated by that individual.
4.5 Prize Limits. There is no limit on the value of a single prize that may be provided to the individual winners of a Competition. However, no person or persons at the same residential address may win more than one prize valued at £50 or more via any of our Competitions in any six (6) month period.
4.6 Retrospective Effect. Where an entrant or prize winner has been found to be in breach of any of the terms and conditions of a Competition and in particular where a person is in breach of the entry restrictions set out in the ‘Entry ad Entry Methods’ section of these terms, we may still enforce our right to disqualify that person and require the return or reimbursement to us of any prize even where a prize has been awarded and/or actually provided to the entrant or prize winner in question.
5.1 We reserve the right (when reasonably required to do so) 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. Where a prize is won by a person younger than 18, we reserve the right to award the prize to the prize winner's parent or guardian on behalf of the prize winner.
5.2 All prize winners will be notified that they have won a prize within twenty eight (28) days of the closing date of the Competition via at least one of the following methods:
a. by telephone;
b. by email;
c. in writing.
5.3 Prizes will be despatched to the winners via the Prize Provider and 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. Further details will be set out in the Specific Terms and/or given to winners when they are notified that they’ve won.
5.4 Prizes will only be delivered to an address within the UK. Should a prize winner's contact details change, it is their responsibility to notify us or the contact persons for the relevant Competition.
5.5 We reserve the right to request proof of a prize winner's identity in the form of a passport or driver’s licence and proof of address in the form of a utility bill. In the event that a prize winner cannot provide us with proof of identity reasonably acceptable to us, we may withdraw the prize and select another prize winner.
5.6 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 by us. Prize winners will forfeit any element of their prize that they do not take at the time stipulated in the Specific Terms. No cash will be awarded in lieu of that prize or any part of it.
5.7 Any tax payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.
5.8 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 purposes, merchantability or otherwise. 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.
5.9 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. We award cash prizes in the form of a cheque in the name of the prize winner. Any other arrangement will be at our discretion.
5.10 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 basic room charge only.
5.11 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, Toupret shall have no liability in relation to any prize provided by a third party provider.
6.1 All prizes must be claimed within twenty-one (21) days of our notification of winning unless otherwise stated.
6.2 We reserve the right to award prizes unclaimed after these periods to alternative prize winners or not to award them at all.
7.PUBLICITY AND PERSONAL INFORMATION
7.2 If you are required to submit a third party’s personal information to enter or participate in a Competition, you must ensure that the person whose details you submit has given their consent for you to provide us with their details.
7.3 It is a condition of entry to all our Competitions that we have the right to publish and/or broadcast the first name and home town of Competition winners. In particular, entrants to Competitions consent to their entries being read out on air and/or to their conversations with our presenters being broadcast on air and communicated to the public on our website(s).
7.4 In particular, entrants consent to their entries to radio Competitions being read out on air and/or to their conversations with our presenters being broadcast on air and communicated to the public on our website/s.
7.5 Entrants, particularly prize winners, may be required to participate in photo and/or filming session(s). You agree that we shall have the right to use all the resulting publicity materials in any media and in any manner we see fit, unless you advise us at the time of entering the Competition that you wish to retain your anonymity. If you elect for anonymity, we may not be able to include you in certain Competitions. This includes providing these materials to our third party prize providers for the purposes of promoting their association with the Competition and awarding the relevant prizes.
7.6 No fees shall be payable to any entrant in relation to their entry in any Competition.
8.PHOTOGRAPHS AND VIDEOS
8.1 If a Competition requires entrants to submit a photograph and/or video clip to enter or participate in a Competition:
a. entrants warrant that they are the person in the photograph or video and/or they have prior consent from all persons in the photograph or video to submit it 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 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 or video in our sole discretion;
d. entrants agree that we have the right to use names, likenesses and other personal information submitted in conjunction with the photograph or video;
e. entrants agree not to bring any actions, suits, claims and demands against us in respect of defamation or any infringement or violation of any personal and/or property rights of any sort from our use of their Photograph or video;
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 18 shall have obtained the consent of a parent or a guardian (and will provide us with the contact details we need should we wish to verify this).
9.1 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 of the Competition closing date.
10.1 By entering our Competitions all entrants:
a. assign to us all rights (including present and future copyright) in their entry and their publicity materials in all media (including, without limitation, the internet) and whether in existence now or created in the future;
b. agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against the Promoter, its assigns, licensees and successors in title;
c. undertake to us that their entry is not in breach of any third party intellectual property rights and will not contain anything, which is defamatory, indecent, harassing or threatening and that they will indemnify us for any loss, damage or liability arising should this turn out not to be true. If relevant, we reserve the right, but not the obligation (and without limiting entrants' warranty and indemnity as set out above), to screen, filter and/or monitor information provided by the entrant and to edit, refuse to distribute or remove the same;
d. Confirm that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions necessary to grant us the same.
12.2 For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition are our sole property and we may exploit the same our absolute discretion.
11.1 If any prize winner is a child or young person (i.e. under the age of 18) we may require that the terms and conditions applicable to the Competition (including these General Terms) be signed by the prize winner's parent or legal guardian before the prize is awarded. Any such prize may at our discretion be awarded to the prize winner's parent or legal guardian.
11.2 Where entrants or prize winners are required by us to sign a release or other document before participating in a Competition and/or redeeming a prize and the entrant and/or prize winner is under the age of 18 years, such document must be signed by that person’s parent or legal guardian prior to their participation in the Competition and/or the prize being awarded.
12.TAMPERING AND OTHER MATTERS
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 (or has caused) the problem.
13.LEAVE FOR PARTICIPATION
Obtaining time off work and/or study or related activities to participate in a Competition and/or take a prize will be the sole and absolute responsibility of each contestant.
14.TERMINATION OF COMPETITION
The Promoter may vary the terms of, or terminate, a Competition at any time at its absolute discretion without liability to any contestant or other person. The Promoter will not award the prize if the Competition is terminated.
15.1 All our decisions relating to the Competition and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other person will be entered into.
15.2 Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.
15.3 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.
16.FAILURE TO ENFORCE TERMS AND CONDITIONS
A failure by us to enforce any one of the terms and conditions in any instance(s) will not give rise to any claim or right of action by any entrant or prize winner, nor shall it be deemed to be a waiver of any of our rights in relation to the same.
17.EXCLUSION OF LIABILITY
17.1 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.
17.2 To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any entrant or prize winner 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.
17.3 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.
These General Terms (and any Specific Terms) shall be construed in accordance with and governed by the laws of England and Wales.
Last updated: 22/02/2022