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Terms & Conditions
GP Acoustics (UK) Ltd Prize Draw
FREE PRIZE DRAW
ENTRY FORMS AVAILABLE HERE
CLOSING DATE: Wednesday 7th January 2015.
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WIN A 4 NIGHT TRIP TO ICELAND |
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When does the Prize Draw begin? The Prize Draw begins on Tuesday 16th October 2014. |
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When does the Prize Draw Close? The Prize Draw closes on Wednesday 7th January 2015. |
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Who can enter? All permanent residents of United Kingdom, Isle of Man or Channel Islands can enter this Prize Draw, provided the Entrant is eligible.
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How to enter? By completing the Entry Form online at https://www.kef.co.uk/forms/IS-GB/smallform.php?id=ISGB only. |
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Who is the promoter? GP Acoustics (UK) Ltd, Eccleston Road Tovil, Maidstone, Kent, ME15 6QP, England, United Kingdom. |
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How many winners and prizes? There will be three Prizes shared amongst 32 Prize Winners. |
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What is the Grand Prize? A free prize draw for a trip for two to Iceland to be won by the Grand Prize Winner. |
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What is the Second Prize? One E SERIES home theatre speaker set, available in a choice of two finishes: Deep Black and Pure White to be won by one Second Prize Winner. |
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What is the Third Prize? Thirty Interstellar merchandise sets containing 1 x grey t-shirt, 1 x baseball cap and 1 x key-chain to be won by each of the 30 Third Prize Winners. |
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Where will the Prize Winners be announced? The Prize Winners will be announced on the website of KEF Group at www.KEF.com and KEF social media platforms; Facebook and Twitter on Monday 12th January 2015. |
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Is there a deadline for the Grand Prize Winner to take the holiday? Yes. Dates of travel must include a Saturday night, between March 4th and 31st & Oct 1st and December 15th 2015, excluding national holidays and school holidays. |
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Who owns this Website? This Website is run and operated by GP Acoustics (UK) Ltd. |
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Who is the Agent? Performance Entertainment. |
For the full terms and Condition see below. |
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TERMS |
Entry to this free Prize Draw is governed by these terms and conditions ("Terms and Conditions") and our Privacy Policy. Entrants into the Prize Draw shall be deemed to have accepted these Terms and Conditions, any other requirements set out in any related promotional material in the Selected Stores or elsewhere and our Privacy Policy. Only Entrants that are permitted under the laws of the Participating Countries in which they access this Prize Draw are permitted to accept these Terms & Conditions and continue with the entry into the Prize Draw. By accepting these terms and conditions you therefore confirm that you are not breaching any laws in your country of residence regarding the legality of entering our Prize Draw.
This free Prize Draw is run and operated by GP Acoustics (UK) Ltd. For any details about this Prize Draw please send an email to: marketing@kef.com. Please do not send any entries for the Prize Draw to this email address as they will be rejected. |
These Terms and Conditions specifically govern your participation in this Prize Draw |
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1. DEFINITIONS |
“Cookies” |
mean the cookies that are used on this Webpage as detailed in our Privacy Policy. |
“Content” |
means all text, scripts, information, documents, graphics, digital files, photographs, mobile content, sounds, music, audios, or audio-visual files, videos, and interactive features contained on this Webpage. |
“Closing Date” |
means the closing date for the receipt of all online entries to the Prize Draw by 23:59 on Tuesday 14th October 2014 UK GMT. Entries received after this date and time will not be considered. |
“Prize Draw” |
means this holiday online Prize Draw run by the Promoter which you can enter if you are located in one of the Participating Countries and you have attained the Qualifying Age. Entry to this Prize Draw is strictly in accordance with these Terms and Conditions. |
“Data” |
means your name, address, telephone number, date of birth and email address. |
“Data Processor 1” |
means GP Acoustics (UK) Ltd. If you have opted-in by ticking the box on the Entry Form to receive promotional materials from GP Acoustics (UK) Ltd, then GP Acoustics (UK) Ltd will be processing your Data by sending you such promotional materials from time to time as detailed in our Privacy Policy. |
“Data Processor 2” |
means Performance Entertainment to manage the Prize Draw as detailed in our Privacy Policy. |
“Entrants” “you”
“your” |
mean any person aged 18 or over that has entered this Prize Draw in accordance with Clauses 3 and 4. |
“Entry Form” |
means the entry form for entering this Prize Draw available at https://www.kef.co.uk/forms/IS-GB/smallform.php?id=ISGB. |
“Expenses” |
means expenses including, but not limited to, visa application fee, carrier-imposed surcharges, additional luggage charges, tour guide service charges, any tips, any hotel service charges (for example laundry, internet, long distance dial, bar and restaurant etc.) and all self-paid activities excluded in the tour schedule and other surcharges. |
“Grand Prize” |
means a trip for two to Iceland for the winner of the Grand Prize as described in Clause 8.5. |
“Grand Prize Winner” |
means the winner of the Grand Prize. |
“Independent Judge” |
means an independent person chosen by GP Acoustics (UK) Ltd to pick the Prize Winners. |
“Intellectual Property
Rights” or “IPRs” |
mean any copyright or rights of a similar nature, unregistered and registered trade marks, service marks, unregistered designs, registered designs, performance rights, image rights or rights in sound recordings (including the right to register any such rights). |
“KEF Audio Group” |
means KEF Audio Group and its UK subsidiary, GP Acoustics (UK) Ltd Eccleston Road Tovil, Maidstone, Kent, ME15 6QP. |
“Main Agent” “THEIR NAME” |
means Performance Entertainment, Tudor Barn, West Well Lane, Tingewick, Bucks MK18 4QA, +44 (0)1280 847755. |
“Participating Countries”
“Participating Country” |
mean United Kingdom, Isle of Man or Channel Islands |
“Privacy Policy” |
means the Privacy Policy. |
“Prizes” |
means each of the 32 prizes in this Prize Draw comprising the Grand Prize, the Second Prize and the Third Prize. |
“Prize Draw” |
means the random draw of the entries into this Prize Draw to reveal the Grand Prize Winner, Second Prize Winners and the Third Prize Winners by the Independent Judge after the Closing Date. |
“Prize Winners” |
mean collectively the Grand Prize Winner, Second Prize Winner and the Third Prize Winners. |
“Promoter”
“GP Acoustics (UK) Ltd" |
means GP Acoustics (UK) Ltd Eccleston Road Tovil, Maidstone, Kent, ME15 6QP.as the promoter of this Prize Draw. |
“Runners-Up” |
mean the Second Prize Winners and the Third Prize Winners. |
“Runners-Up Prize” |
means the Second Prize and the Third Prize. |
“Second Prize” |
means an E SERIES home theatre speaker system for one Second Prize Winner (worth the equivalent of £900.00) |
“Second Prize Winners” |
mean the two winners of the Second Prize. |
“Selected Stores” |
mean the only in-stores participating in this Prize Draw United Kingdom, Isle of Man or Channel Islands. |
“Specialist Handling
Company” |
means the specialist handling house used by the Promoter from time to time to manage this Prize Draw. |
“Qualifying Age” |
means one person must be 18 years-old or over. If the winner is under 18, then his/her guest must be his/her parent/guardian. Winner and his/her guest must meet the movie certification criteria. |
“Third Prize” |
Thirty Interstellar merchandise sets containing 1 x grey t-shirt, 1 x baseball cap and 1 x key-chain to be won by each of the 30 Third Prize Winners. |
“Third Prize Winners” |
mean five winners of the Third Prize. |
“Webpage” |
means the webpage with URL https://www.kef.co.uk/forms/IS-GB/smallform.php?id=ISGB. |
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2. Binding Terms and Conditions |
2.1 |
Once you enter this Prize Draw in accordance with Clause 4 of these Terms and Conditions, you will be bound by the following:
2.1.1 These Terms and Conditions;
2.1.2 The use of cookies by the Promoter on this Webpage and
2.1.3 The Privacy Policy and incorporated into these Terms and Conditions by reference. |
2.2 |
Entry into this Prize Draw implies agreement with these Terms and Conditions. GP Acoustics (UK) Ltd reserves the right to amend or revise these Terms and Conditions and/or the Privacy Policy at any time at GP Acoustics (UK) Ltd’s sole discretion. Any changes to any of these said documents will come into effect at the time they are posted on this Webpage. The last amendment date will be displayed at the end of the Terms and Conditions or Privacy Policy. Access to and/or use of this Webpage after the Terms and Conditions or Privacy Policy have been updated, constitute their agreement as updated. |
2.3 |
If there is any inconsistency between the English and Chinese versions of these Terms and Conditions, the English version shall prevail. |
2.4 |
These Terms and Conditions cannot be modified or superseded except by GP Acoustics (UK) Ltd at its sole discretion. |
2.5 |
The Promoter will not be held responsible for any Entrant entering the Prize Draw unlawfully. If in any doubt you should immediately leave this Webpage and check with the relevant authorities in your country. |
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3. Who can enter the Prize Draw |
3.1 |
Entry into this Prize Draw is open to all permanent residents in Participating Countries who have achieved the Qualifying Age, except for employees and their immediate family of GP Acoustics Group, their agents or anyone professionally involved in or connected to the Prize Draw. |
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4. Entry into the Prize Draw |
4.1 |
You can only enter this Prize Draw by completing the Entry Form. Please complete the Entry Form by inserting your name, address, email address, telephone number, date of birth and email address. Once you have correctly completed the Entry Form by following the instructions on the Entry Form, please press the “submit” button after you have chosen to “opt in” or “opt out”. |
4.2 |
This is a free Prize Draw and no-purchase is necessary to enter. |
4.3 |
All valid entries will be entered into the Prize Draw. |
4.4 |
This Prize Draw is in no way sponsored, endorsed or administered by, or associated with, Facebook. |
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5. Restrictions on Entry into the Prize Draw |
5.1 |
Entry into this Prize Draw is limited to Entrants in the Participating Countries. |
5.2 |
Only one entry is permitted per person. |
5.3 |
Entries on behalf of another person will not be accepted and joint submissions are not allowed. |
5.4 |
Any entries into this Prize Draw received after the Closing Date will not be accepted. |
5.5 |
Incomplete Entry Forms or Entry Forms not in accordance with the instructions stipulated on the Entry Forms will be rejected. |
5.6 |
Any duplicate Entry Forms will be rejected. |
5.7 |
No applications from agents, third parties or organised groups will be accepted. |
5.8 |
The Promoter does not accept responsibility for incomplete entries that have been rejected. |
5.9 |
The Promoter reserves the right to cancel this Prize Draw without notice at its sole discretion or in the event of the occurrence of circumstances beyond the Promoter’s control. |
5.10 |
GP Acoustics (UK) Ltd reserves the right at its sole discretion to suspend or cancel the Prize Draw in the event of any bugs, trojan horses, viruses, or the like which may be transmitted to or through this Webpage by any third party and/or may corrupt the administration, security or proper operation of this Prize Draw. |
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6. Announcement of the Winners |
6.1 |
The Prize Winners will be announced on the website of KEF Group at www.KEF.com and KEF social media platforms; Facebook and Twitter on Monday 12th January 2015. |
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7. Notification of Winners |
7.1 |
The Prize Winners will be notified by post, email or phone within 3 days of the Closing Date and given details of how to claim their Prizes. |
7.2 |
The Grand Prize Winner will be sent written notification with a form to complete requiring passport details, confirmation of date of birth, and available dates to travel (subject to availability). |
7.3 |
7.3 GP Acoustics (UK) Ltd will attempt to contact the Prize Winner(s) using the telephone numbers and email addresses provided in the Entry Form submitted within 7 days of the Closing Date of the Prize Draw (which may be extended at the sole discretion of the Promoter) and each of the Prize Winners will be given details of how to claim such Prizes. If a Prize Winner fails to respond to GP Acoustics (HK) Ltd within 7 days’ of being notified by GP Acoustics (UK) Ltd, then the Prize Winner will forfeit this Prize and GP Acoustics (UK) Ltd will be entitled to select another Prize Winner (and that Prize Winner will have to respond by email to Performance Entertainment, carl.gant@performance-entertainment.com or gemma.bradbury@performance-entertainment.com within 7 days of the notification from GP Acoustics (UK) Ltd or forfeit the said Prize). |
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8. Prizes |
8.1 |
All entries will be sent to Performance Entertainment and an Independent Judge will select the Grand Prize Winner and the Runners-Up. |
8.2 |
The selection of the Prize Winners will be conducted by an Independent Judge after the Closing Date. |
8.3 |
There is a total of one Grand Prize, two Second Prizes and five Third Prizes. Prizes. |
8.4 |
The Grand Prize Winner will be the first entry drawn at random by the Independent Judge from all valid entries received by the Closing Date. The next thirty one entries drawn at random by the Independent Judge will be Runners-Up. |
8.5 |
The Grand Prize means a trip for two adults to ICELAND, which includes return economy flights for two adults from London to Reykjavik, return airport-hotel and event transfers, four nights hotel accommodation with breakfast (for two adults sharing one room), private guided movie location tours including glacier walks (minimum age for the glacier walk is 8 years-old), Northern Lights stargazing tour. The Grand Prize excludes travel between the Grand Prize Winner’s home and the airport in the Participating Country, travel insurance, meals and beverages other than breakfast, spending money or any other Expenses or activities and neither GP Acoustics (UK) Ltd and/or the prize suppliers will be liable to the Grand Prize Winner (and travel guest) in anyway whatsoever for any additional costs and/or Expenses sustained outside of the Grand Prize as stipulated herein. |
8.6 |
The hotel will take a credit card pre-authorisation or a cash deposit to cover incidentals. |
8.7 |
The Grand Prize Winner agrees to be contacted by Performance Entertainment name to confirm travel arrangements. |
8.8 |
Tickets are valid on flights from airline(s) departing from the main airports in the Participating Countries only.
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8.9 |
GP Acoustics (UK) Ltd accepts no responsibility for any costs and/or Expenses associated with the Grand Prize which are not specifically included in the Grand Prize as described in Clause 8.13.
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9. Restriction on Prizes |
9.1 |
The Iceland trip taken by the Grand Prize Winner must include a Saturday night, and be taken between March 4th and 31st & Oct 1st and December 15th 2015, excluding national holidays and school holidays. Flights and accommodation are both subject to availability and first choice of travel date may not be available on all dates during this period. |
9.2 |
The holiday is subject to availability of flights and accommodation as purchased by the agent supplying the holiday on any particular date. |
9.3 |
There is no cash or other alternative to the Grand Prize and other prizes stated in these Terms and Conditions. |
9.4 |
Grand Prize and other Prizes are not transferable and no part or parts of the Grand Prize and other Prizes may be substituted for other benefits, items and/or additions. |
9.5 |
No reservation changes are permitted after tickets have been confirmed and issued. |
9.6 |
GP Acoustics (UK) Ltd reserves the right to substitute the Grand Prize with another prize of similar value in the event the original Grand Prize offered is not available. |
9.7 |
The Grand Prize does not include travel between the Grand Prize Winner’s home and the airport and/or incidental Expenses are not included and will be the responsibility of the Grand Prize Winner, including but not limited to, travel insurance, meals and beverages other than stated, spending money or any other activities. |
9.8 |
The Grand Prize Winner and passenger must travel together on both the outbound and return flight.
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10. Offer to Accept the Prize |
10.1 |
Once the Prize Draw has taken place, Performance Entertainment will contact the Grand Prize Winner to arrange the holiday informing the Grand Prize Winner that he or she has won and asking the Grand Prize Winner to reply and to confirm acceptance of the Grand Prize. |
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BACK TO ENTRY FORM |
11. Prize Draw |
11.1 |
The Grand Prize Winner will be selected by way of a random draw from all entries received in accordance with these Terms and Conditions. |
11.2 |
The Grand Prize Winner will be notified in writing by Performance Entertainment that he or she has won the Grand Prize within 3 days of the Closing Date. |
11.3 |
For the avoidance of doubt, on acceptance of the Grand Prize, the Grand Prize Winner agrees and accepts that Performance Entertainment will contact the Grand Prize Winner to arrange the holiday. |
11.4 |
All Runners-Up Prizes will be sent by GP Acoustics (UK) Ltd directly to the Runners-Up by post. |
11.5 |
If you have any questions about how to enter or in connection with the Prize Draw, please email Performance Entertainment with "GP Acoustics (UK) Ltd" in the subject line |
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12. Restrictions on Prize Draw |
12.1 |
There is no cash alternative to the Grand Prize and/or the Runners-Up Prize. |
12.2 |
The Grand Prize or the Runners-Up Prize is non-refundable and non-transferable. |
12.3 |
The Promoter reserves the right to substitute the Runners-Up Prize (or any part thereof) for a prize of equivalent monetary value if this is necessary for any reason. |
12.4 |
The Independent Judge's decision is final and binding on the Entrants. No correspondence will be entered into once the Independent Judge’s decision has been made. |
12.5 |
If either the Grand Prize Winner, the Second Prize Winner or the Third Prize Winners are unable or do not wish, for whatever reason, to accept the Grand Prize Winner, the Second Prize Winner or the Third Prize respectively, the Promoter reserves the right to award the Prizes to other eligible Entrants chosen by the Independent Judge. |
12.6 |
For the avoidance of doubt, if the Grand Prize Winner is disqualified by the Independent Judge then the Independent Judge will draw another winner who would then become the Grand Prize Winner. The Grand Prize is subject to the following restrictions and/or exclusions as follows:
12.6.1 It is subject to availability of flights and accommodation as purchased by the agent supplying the holiday on any particular date;
12.6.2 The Grand Prize Winner shall be the owner of the email address from which the selected winning entry is sent. 12.6.3 The Promoter shall use and take care of any personal information you supply to the Promoter as described in the Privacy Policy, a copy of which is available at Privacy Policy. |
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13. Obligation on Grand Prize Winner |
13.1 |
Prior to departure, the Grand Prize Winner should purchase comprehensive travel insurance either from the agent supplying the holiday or through his or her own source. |
13.2 |
The Grand Prize Winner and passenger must ensure that they have valid passports (with at least 6 months’ validity from the date of return to the UK from Iceland, travel insurance, visas (where applicable) and any relevant vaccinations at the time of travel. GP Acoustics (UK) Ltd accepts no responsibility if the Grand Prize Winner and passenger are unable to travel due to insufficient documentation. The Grand Prize Winner and passenger shall be responsible for complying with all local laws, health or government requirements and for checking these prior to travel. |
13.3 |
Any potential winner and his/her guest will be required to sign a prize acceptance and release form in order to be eligible to win and/or participate in the prize |
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14. Publicity |
14.1 |
The Grand Prize Winner or a Runner-Up may be required to participate in reasonable publicity arising from the promotion of this Prize Draw. |
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15. General |
15.1 |
By entering this Prize Draw, the Grand Prize Winner and Runners-Up consent to the following:
15.1.1 For their names to be disclosed to any person requesting that the Promoter confirm the identity of the Grand Prize Winner and/or the Runners-Up; and
15.1.2 For the Promoter to use their names and addresses for promotional or marketing purposes as set out in the Privacy Policy. |
15.2 |
Subject to Clause 15.1 above, the names of the Grand Prize Winner and Runners-Up can be obtained by sending a written request enclosing a stamped self-addressed envelope to Performance Entertainment, within ten weeks of the Closing Date. |
15.3 |
The name of the Independent Judge can be obtained by sending a written request enclosing a stamped self-addressed envelope to Performance Entertainment, within ten weeks of the Closing Date. |
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16. Consent to use of Cookies |
16.1 |
You will have to provide your consent and accept the use of Cookies on this website in our Privacy Policy. |
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17. Limitation of liability |
17.1 |
Nothing in these Terms and Conditions shall exclude or in any way limit the Promoter’s liability or the Promoter’s servants, agents or employees, for fraud, death or personal injury caused directly by the Promoter’s negligence, or any other liability to the extent such liability may not be excluded or limited as a matter of law or their servants, agents or employees. Subject to this:
17.1.1 To the maximum extent permitted by law, the Promoter shall not be liable to the Entrants for any damage, loss, injury or disappointment suffered by any Entrant entering the Prize Draw or as a result of any Grand Prize Winner and/or Runners-Up accepting the Grand Prize or the other Prizes respectively.
17.1.2 The Promoter shall not be liable in contract, tort (excluding defamation), negligence, pre-contract or other representations or otherwise arising out of or in connection with these Terms and Conditions or the performance or observance of its obligations under these Terms and Conditions, and every applicable part of it by the Entrants in entering this Prize Draw and/or the Prize Winners.
17.1.3 The Promoter accepts no responsibility for entries lost, misdirected or incomplete or cannot be delivered or entered for any technical or other reason.
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17.2 |
Save in respect of Clause 17.1, GP Acoustics (UK) Ltd is not liable for any injury or damage to your or any other person's computer relating to or resulting from participation in or downloading any materials in connection with the Prize Draw. |
17.3 |
Any dispute regarding the quality, performance or value of the Grand Prize should be dealt with directly the agent. GP Acoustics (UK) Ltd shall have no liability under this Clause. |
17.4 |
Save in respect of Clause 17.1, GP Acoustics (UK) Ltd shall not be liable for any failure to comply with its obligations where the failure is caused by something outside the reasonable control of GP Acoustics (UK) Ltd. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to Force Majeure. |
17.5 |
Save in respect of Clause 17.1, GP Acoustics (UK) Ltd will not be liable to the Grand Prize Winner for costs and/or Expenses sustained outside of the Grand Prize. |
17.6 |
Save in respect of Clause 17.1, GP Acoustics (UK) Ltd will not be liable to the Entrants and/or Prize Winners under these Terms and Conditions for any consequential losses such as loss of opportunity, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort, breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known. |
17.7 |
Under no circumstances shall the Promoter its officers, directors, employees, or agents be liable for any bugs, trojan horses, viruses, or the like which may be transmitted to or through this Website by any third party. |
17.8 |
THIS WEBSITE IS MADE AVAILABLE TO THE ENTRANTS “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, ACCURACY OF ANY CONTENT ON THE WEBSITE. FOR THE AVOIDANCE OF DOUBT, THE PROMOTER EXPRESSLY EXCLUDES (TO THE FULLEST EXTENT PERMITTED BY LAW) ANY WARRANTIES AS TO THE QUALITY AND/OR SUITABILITY OF ANY OF THE MATERIALS AND/OR ADVERTISEMENTSON THIS WEBPAGE OR PRIZES, AND AS TO WHETHER THEY ARE SUITABLE FOR A PARTICULAR PURPOSE. THE PROMOTER SHALL NOT BE LIABLE IN ANYWAY WHATSOEVER IN THE EVENT THAT THE ENTRANTS DO NOT DEEM THE CONTENT, MATERIALS, PROMOTION AND/OR PRIZES TO BE BENEFICIAL. |
17.9 |
The Entrants shall indemnify and to keep the Promoter and Performance Entertainment indemnified from and against any liability, claims, losses, damages or proceedings (including reasonable attorneys’ fees) incurred by the Promoter and/or Performance Entertainment arising out of and/or connection with the actions taken by an Entrant or Prize Winner. |
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18. Intellectual Property |
18.1 |
This website and any and all IPRs are owned by GP Acoustics (UK) Ltd save in respect of any IPRs belonging to any licensor, advertisers, partners, investors, sponsors of this website. |
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19. Data Protection and Confidentiality |
19.1 |
The Promoter has notified the Information Commissioners Office in the United Kingdom for the purposes of the Data Protection Act 1998 and will comply with its provisions. |
19.2 |
All personal data (where applicable from time to time) collected by the Promoter about the Entrants are strictly confidential and will not be shared with any third party except as required by law, and the Promoter will only use personal data collected about the Entrants in accordance with the Data Protection Act 1998 and as detailed in the Privacy Policy. |
19.3 |
The Entrants’ data used by the Promoter will be stored in a database in accordance with the provisions of the Data Protection Act 1998. |
19.4 |
The Entrants’ data may be used to inform the Entrants of any offers or news from the Promoter. In the event that the Entrants do not wish the Entrants’ data to be used in this manner, the Entrants may opt-out in accordance with the terms of the Privacy Policy. |
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20. Security |
20.1 |
The Promoter is responsible for the security of this Website. |
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21. Links to third party websites |
21.1 |
This Website provides links to other third party sites on the Internet. These sites may contain information or material that some people may find inappropriate, offensive or irrelevant. These other sites are not under the control of the Promoter, and by continuing to use this Website the Entrants acknowledge and agree that the Promoter is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites or their privacy policies. The inclusion of such links does not imply endorsement of such sites by the Promoter or any association with their operators. |
21.2 |
By using a third party website, the Entrants expressly relieve the Promoter of any and all liabilities arising out of or in connection with such use. |
21.3 |
The Entrants acknowledge and agree that the Promoter is not responsible for the availability of any third party sites. Furthermore, the Promoter does not endorse any advertising, products or other materials available from any third party sites. |
21.4 |
The Entrants acknowledge and agree that the Promoter is not liable for any loss or damage which may be incurred by the Entrants as a result of the availability of any third party sites, or as a result of any reliance placed by the Entrants on the completeness or accuracy of any advertising, products or other materials available from any third party sites. |
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22. Site availability |
22.1 |
The Promoter will endeavour to have this Webpage running efficiently and accessible at all times. However, Entrants will be notified on the homepage of this Webpage of any times when this Webpage may be unavailable due to scheduled maintenance work. |
22.2 |
The Promoter will not be responsible for any unscheduled downtime which may occur as a result of its servers experiencing technical problems, or the need to carry out emergency maintenance work. |
22.3 |
Neither the Promoter nor any other party has control over the Internet which is a global decentralised network of computer systems. Interruptions to this Webpage’s availability may occur due to causes beyond the control of the Promoter, such as system malfunction or failures of third parties. In these circumstances, the Promoter will use its reasonable endeavours to restore the service as soon as reasonably practicable.
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23. Website Disclaimer |
23.1 |
THE PROMOTER MAKES NO REPRESENTATIONS THAT CONTENT OR MATERIALS ON THIS WEBPAGE ARE APPROPRIATE IN LOCATIONS OUTSIDE THE UNITED KINGDOM, AND ACCESSING THEM FROM TERRITORIES WHERE THE CONTENTS ARE ILLEGAL IS PROHIBITED. ENTRANTS WHO CHOOSE TO ACCESS THIS WEBPAGE FROM OTHER LOCATIONS WILL BE DOING SO ON THEIR OWN INITIATIVE AND WILL BE RESPONSIBLE FOR COMPLIANCE WITH DOMESTIC LAWS. |
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24. Entire agreement and severability |
24.1 |
These Terms and Conditions, the in-store Terns and Conditions and the Privacy Policy from time to time constitute the entire understanding between the parties with respect to the subject matter of this Website and supersede all prior terms and agreements between the parties relating to it. |
24.2 |
If any clause of these Terms and Conditions is held invalid or unenforceable, the clause shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining clauses shall remain in full force and effect. If any Entrants breach any of these Terms and Conditions and we take no action against the Entrants, we will not be considered to have given up our rights to pursue any legal remedy in relation to the alleged or actual breach according to these Terms and Conditions. |
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25. Force Majeure |
25.1 |
The Promoter shall not be liable for any failure to perform its obligations if caused by matters beyond its reasonable control, including the following:
25.1.1 Acts of God such as fire, flood, earthquake, storm, hurricane, or other natural disaster;
25.1.2 War, invasion, act of foreign enemies, hostilities, (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation and terrorist activity; or
25.1.3 Government sanction, nationalisation, blockage, industrial dispute, lockout or failure of utility service.
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26. Rights of third parties |
26.1 |
Notwithstanding any other provision in these Terms and Conditions a person who is not a party to these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions. Nothing in these Terms and Conditions shall affect any right or remedy of a third party which exists or is available other than as a result of the aforementioned Act. |
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27. Waiver |
27.1 |
The failure to exercise or delay in exercising a right or remedy under these Terms and Conditions shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies and no single or partial exercise of any right or remedy under these Terms and Conditions shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. The rights and remedies contained in these Terms and Conditions are cumulative and not exclusive of any rights or remedies provided by law.
27.1.1 The invalidity, illegality or unenforceability of any provision of these Terms and Conditions shall not affect or impact the continuation in force of the remainder of these Terms and Conditions.
27.1.2 Nothing in these Terms and Conditions shall be construed as creating a partnership or joint venture of any kind between the parties.
27.1.3 These Terms and Conditions may be executed in any number of counterparts each of which when executed and delivered shall be an original but all the counterparts together shall constitute one and the same instrument.
27.1.4 Each party undertakes with the other to do all things reasonably within its power which are necessary or desirable to give effect to the spirit and intent of these Terms and Conditions.
27.1.5 The parties hereto shall and, shall use their respective reasonable endeavours to procure, so far as they are able, that any necessary third parties shall execute and perform all such further deeds, documents, assurances, acts and things as any of the parties hereto may reasonably require, by notice in writing to the other to carry the provisions of these Terms and Conditions into effect. |
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28. Jurisdiction and choice of law |
28.1 |
These Terms and Conditions shall be governed by the laws of England and Wales and Entrants agree to submit to the exclusive jurisdiction of the English courts.
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Date of latest amendment October 2014 |
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