“heycar Moments” PRIZE DRAW TERMS & CONDITIONS
1.1 The Promoter of this prize draw is: Mobility Trader UK Limited, trading as 'heycar', (“We”, “Us”, “Our”).
2. The prize draw
2.1 The name of the prize draw is “heycar Moments”.
2.2 You can win the prize – a 2017-plate Audi S3 in Navarra blue (the same vehicle as seen in our TV ad) with the registration number BN17 VGP – by uploading a still photo and accompanying text telling us about your most memorable moment in your vehicle either:
(a) on Instagram, tagging @heycaruk and using the hashtag #heycarmoments in the caption; or
(b) by submitting your entry via a post to the heycar UK Facebook page using the #heycarmoments hashtag in the caption to be registered.
3. How to enter
3.1 The prize draw will be open for entry from 12 midday on 1st September (the "Opening Date") to 12 midday on 12th October (the "Closing Date") inclusive.
3.2 All prize draw entries must be received by Us through the entry mechanic referred to in Condition 2.2 above by no later than midday on the Closing Date. Any and all prize draw entries received after the Closing Date and illegible entries are automatically disqualified.
3.3 One entry per person.
3.4 To enter the prize draw:
(a) You must upload your entry via the mechanics referred to in Condition 2.2 above, by the Closing Date, and provide the information requested.
(b) Entries submitted via Instagram must be submitted from an account which is public, ensuring visibility of the entry
(c) Entries must be in the form of a still photo with accompanying caption.
(d) Entries which are subsequently deleted prior to the Closing Date from the channel on which they are submitted will not be counted
(e) Entries must be original, exclusively created and owned by the entrant, the entrant must have all rights necessary to post the photo and submit the entry, including written permission from anyone shown in the photo, and entries must not previously have been publicly available or used in any other promotion or contest
(f) Entries may not contain images of any individuals who are under 18 years of age or who have not provided their authorisation. By submitting an image of any individual under the age of 18, you represent that you have received permission from such minor’s parent or legal guardian to include such minor’s image
(g) Entries must not feature any behaviour which is contradictory to UK driving law, or be seen to be encouraging dangerous driving or any content which is in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable
(h) Any entries including offensive or illegal behaviour will not be counted. This includes uses of profanities
3.5 No purchase is necessary and there is no charge to enter the prize draw nor to register for use of either the Instagram or Facebook page.
3.6 We will not accept:
(a) Any responsibility for prize draw entries that are lost, corrupted or delayed in transmission, regardless of cause, including, for example, as a result of any equipment or device failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or
(b) Proof of your transmission of an entry as proof of Our receipt of your entry to the prize draw.
3.7 By submitting a prize draw entry, you are agreeing to be bound by these terms and conditions.
3.8 The winner will be selected at random. The decision will be final.
3.9 We will provide a screenshot of the random selection to anyone who requests them by contacting Us within one month after the Closing Date of the prize draw requesting details via firstname.lastname@example.org.
4.1 The prize draw is open to anyone who is resident in the United Kingdom excluding Northern Ireland, able to access the internet, and aged 18 years or over, except for:
(a) employees of heycar or its holding or subsidiary companies;
(b) employees of agents or suppliers of heycar or its holding or subsidiary companies, who are professionally connected with the prize draw or its administration; or
(c) members of the immediate families or households of (a) and (b) above.
4.2 By entering the prize draw, you confirm that you are eligible to do so in accordance with Condition 4.1 above and that you are eligible and able to claim your prize. We may require you to provide proof that you are eligible to enter the prize draw.
4.3 We will not accept prize draw entries that are:
(a) received after the Closing Date;
(c) automatically generated by computer;
(d) completed by third parties or in bulk or
(e) submitted without all of the required components set out in Condition 2.2 above.
4.4 There is a limit of one entry to the prize draw per entrant. Entries on behalf of another person will not be accepted, and joint submissions are not allowed.
4.5 We reserve all rights to disqualify you if your conduct is, in Our sole discretion, contrary to the spirit or intention of the prize draw and these terms and conditions.
5. The prize
5.1 The prize is a 2017-plate Audi S3 in Navarra blue (the same vehicle as seen in our TV ad) with the registration number BN17 VGP for one winner.
5.2 We reserve the right to substitute the prize or any element of the prize with a prize of equal or greater value or cash equivalent. We may do this in particular (but not only) if circumstances beyond Our control make it necessary for Us to do so (such as if it is impractical or unduly costly to deliver the prize to the winner's geographical location).
5.3 The prize is not negotiable, transferable or refundable.
5.4 In order to claim the prize, you must respond to the Instagram direct message or Facebook comment informing you that you are the winner. This will be sent via the channel which you entered on (Instagram or Facebook).
5.5 Where, in relation to the prize, we make use of any third party name or trade mark, these are proprietary to the relevant third party. No licence, affiliation, sponsorship or endorsement is claimed or should be inferred from the use of these names or trade marks or the use of any photograph of the prize. Any photograph used to promote the prize is for illustrative purposes only and the actual prize may differ from the item shown in the photograph, including without limitation as to make, model, specification, colour, finish and other features.
5.6 The winner is solely responsible for the payment of any applicable tax in relation to the prize and for any costs associated with the prize or its collection or use, including without limitation the cost of complying with any requirements of applicable law (including, without limitation, in relation to vehicle registration, motor insurance and driving licence).
6. Winner announcement
6.1 The winner of the prize draw will be announced via @heycaruk Instagram and the heycar UK Facebook page at 12 midday on 14th October (Announcement Date).
6.2 The randomly selected winner is final, and no correspondence or discussion will be entered into.
6.3 The winner will be contacted personally by Our public relations agency Democracy PR as soon as practicable after the Announcement Date, using either an Instagram direct message or Facebook comment response (depending on the method of entry).
6.4 We (or Our public relations agency Democracy PR) will send the name and county of the winners by e-mail to anyone who contacts Us at email@example.com within one month after the Closing Date of the prize draw requesting their details. Details of the winner can be viewed on the Instagram page set out in condition 2.2 above from the Announcement Date for a period of not less than 60 days.
7. Claiming a prize
7.1 If you are the winner of a prize you will have 1 week from the Announcement Date to claim your prize, referring to the details of how to claim in condition 5.4. If you do not claim your prize by this date and time, your claim will become invalid.
7.2 A prize may not be claimed by a third party on your behalf.
7.3 We (or Our public relations agency Democracy PR) will make reasonable efforts to contact the winner. If the winner cannot be contacted or isn’t available, or the winner hasn’t claimed their prize within 1 week of the Announcement Date, We reserve the right to offer the relevant prize to the next eligible entrant selected by random that was received before the Closing Date. The next randomly selected entrant is final, and no correspondence or discussion will be entered into.
7.4 We do not accept any responsibility if you are not able to claim or receive any of the prizes.
7.5 The Prize will be delivered (subject to availability) to the winner within 28 days of the Announcement Date. Where a non-cash prize is delivered, the delivery may need to be signed for.
8. Limitation of liability
8.1 Nothing in these terms shall limit or exclude our liability to you for death or personal injury caused by our negligence, for fraudulent misrepresentation, or for any other liability that, by law, may not be limited or excluded. Subject to this, in no event shall we be liable to you for any loss, damage or disappointment suffered as a result of your entering (or inability to enter) the prize draw or your acceptance or non-acceptance of the prize if you win.
8.2 Insofar as is permitted by law, We, Our agents (including Our public relations agency Democracy PR) and/or distributors will not in any circumstances be responsible or liable to compensate the winner, or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up any prize except where it is caused by Our negligence or that of Our agents, distributors or employees. Your statutory rights are not affected.
9. Ownership of prize draw entries and intellectual property rights
9.1 We do not claim any rights of ownership in your prize draw entry or in any intellectual property rights which it may contain.
9.2 You confirm that you have all necessary rights and permissions needed to provide us with any and all content contained in your entry and warrant and agree that We may, but are not required to, make your entry and its contents available on any other media (including via Our social media channels, profiles and website), whether now known or invented in the future, and in connection with any publicity relating to the prize draw. You agree to grant Us a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the prize draw entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and grant sub-licences to thirds parties to use, display, publish, transmit, copy, edit, alter, store, re-format the prize draw entry and any accompanying materials for those purposes and you waive and agree not to assert any moral rights you may have in, or to be identified as the author, of such entry and materials.
10. Data protection and publicity
10.1 We must either publish or make available information that indicates that a valid award took place. If you are the winner, We (and Our agents, including Our public relations agency Democracy PR, on Our behalf) may use your name, image and town or county of residence to announce the winner and for any other reasonable and promotional purposes related to the prize draw. If you object to any or all of your surname, town or county and winning entry being published or made available, please contact us at firstname.lastname@example.org. In such circumstances, We must still provide the information and winning entry to the Advertising Standards Authority on request.
10.2 You further agree to participate in any reasonable publicity required by Us, without the payment of any further fee (save in respect of reasonable travel expenses) being payable for your participation. By participating in the prize draw, you agree that, if you win, you will co-operate in all advertising, marketing and publicity material and activities we may, at our expense, produce or arrange and you will sign, if requested, an irrevocable release form allowing us, without any compensation being payable, to use your name, photograph, likeness, details of the country and/or city where you live, any comments made by or attributed to you, and to incorporate any such information in and any audio/visual recording or broadcast for such promotional purposes, in any media, throughout the world.
11.1 If there is any reason to believe that you have breached these terms and conditions then We may, at Our sole discretion, reserve the right to exclude you from participating in the prize draw.
11.2 Where you participate in any event which we host or arrange in connection with the prize draw, you agree not to make use of any third party branding or advertising for any organisation which we consider to be our competitor, and you agree not to conduct yourself in a manner that might, in our reasonable opinion, bring us, any of our affiliates or any of our or their respective brands into disrepute. In the event of any breach of this requirement, we reserve the right not to award the prize or to seek the return of the prize awarded.
11.3 We reserve the right to hold void, suspend, cancel, or amend the prize draw and these terms and conditions on reasonable notice. In the event that We need to amend these terms and conditions prior to the Closing Date, We will use reasonable endeavours to notify entrants and potential entrants of any changes made, primarily by posting details of those changes on the instagram page.
11.4 These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England in relation to any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the prize draw, these conditions or their subject matter or formation.