Terms & Conditions
1. ENTRANT:
Any person (not including a limited company, partnership or limited liability partnership) who enters the giveaway through the Website or by post to win the Prize.
2. WINNER:
The Entrant is chosen at random on or after the Closing Date who will receive the Prize in accordance with these Terms and Conditions.
WEBSITE:
www.midlandscargiveaways.co.uk
PROMOTERS:
Midland Car Giveaways Ltd
28 Cincinatti Drive
Birmingham
B24 0SB
Companies House Number : 11869312
CLOSING DATE
3.1 The closing date for each competition will be stated on the ‘Enter now’ page. However if the maximum number of entries is reached before the closing date then the competition will be closed.
TERMS OF ENTRY
3.2 The maximum number of entries will be stated on each competition page.
3.3 Only completed Entries which contain the correct answer as held by the Promoter will be entered into the Competition. Failure to answer any question correctly via the website will still result in any entrant being charged.
GENERAL
4.0 By entering the competition via the Website, Entrants are deemed to have read and accepted these Terms and Conditions and agrees to be bound by them;
4.1 Upon entering the Competition, all Entrants must submit all contact details requested by the Promoters (which must include a valid e-mail address) which will be used for the following purposes:
(a) to notify the Winner that they have won the prize; (b) to post the Winner’s name and town of residence on the Website; and (c) to comply with the Privacy Policy. (c) To post the draw numbers for everyone who has entered on our Facebook page, only your name will be posted and nothing else, this is so everyone knows what their number is for the live draw.
4.2 All entrants are solely and completely responsible for providing the Promoters with accurate and current contact details.
4.3 The Promoters will be in no way liable for any failure or inability to make contact with any Entrant due to any errors, omissions or inaccuracies in the contact details provided by the Entrants or otherwise.
5 The Competition is operated by the Promoters.
5.1 The Competition is open for entry to all persons aged 18 or over excluding the Promoters, their family, agents, employees, professional advisers or conductor administration of the Competition in any way, shape or form.
5.4 Our Affiliate team are not employed by Midlands Car Giveaways Ltd and only advertise on our behalf so they are able to enter our competitions.
6.0 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.
7.0 In the event that you participate in a Competition online via the Website, and by accepting these terms and conditions you confirm that you are not breaching any laws in your country of residence regarding the legality of entering our Competitions.
7.1 The Promoter will not be held responsible for any Entrant entering any of our Competitions unlawfully. If in any doubt you should immediately leave the Website and check with the relevant authorities in your country.
7.2 By entering into the Competition, all Entrants acknowledge that their payment per entry does not guarantee in any way that they will win the prize.
7.3 The Promoters do not in any way guarantee the value of the Prize.
7.4 As a condition of entering the Competition, Entrants must ensure that, by doing so, they do not contravene any laws of their country of residence. The Promoter will not be liable in any way if an Entrant enters the Competition unlawfully;
7.5 The Entrants and the Promoters recognise that the Competition, its administration and all associated activities are governed by English Law and the Promoters and Entrants recognise that the County or High Courts of England shall have exclusive jurisdiction in the event of any dispute arising out of the Competition or its administration;
7.6 By entering a giveaway, Entrants warrant that all information which they submit is accurate, true, current and complete. The Promoters reserve the right to disqualify any entrant (entirely at their own discretion) if there are reasonable grounds to believe the Entrant has acted in breach of any of these Terms and Conditions
7.7 The maximum number of entries that can be made by any one entrant per giveaway is unlimited. The Promoter is not responsible or liable in any way for the Valuation and makes no representation or warranty in respect of its accuracy.
7.8 All Entries will become the property of the Promoters on receipt and will not be returned.
7.9 The Promoters reserve the right to amend these terms and conditions at any time and for any reason.
8.0 To conclude an entry into the Competition, an Entrant will be asked to provide their contact details (including postal and e-mail addresses and a telephone number) and card payment details (for entry fee only). Once the Entry is submitted, the Entrant’s card payment will be electronically approved.
8.1 When the maximum Number Of Entries or the Closing Date is reached, the Competition will close; however, the Promoters reserve the right to extend the closing date by up to 3 months at their discretion.
8.2 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. or the competition is revoked by the promoter.
(a) . It is at the discretion of the promoter to withdraw a competition if all entries are not fulfilled. A refund or store credit will be offered as a result of a competition being canceled by the promoter.
8.3 The Promoters’ decision is final and no correspondence will be entered into about the result of the Competition following the determination of the Winner as described above;
8.4 Each Entrant agrees that the usual requirement under the Consumer Protection(Distance Selling) Regulations 2000 for any goods and services ordered online to be supplied within 30 days will not apply to this Prize Competition.
8.5 If the Winner cannot be contacted by the Promoter within 21 days of being notified of their status as the Winner by e-mail, telephone and mail to the contact details submitted in their entry, the Promoter shall be entitled to award the Prize to the Entrant selected by drawing another winning entry at random in the same method as described above (“The Alternate Winner“).
8.6 The Alternate Winner shall have 7 days from notification of their status by the Promoters to communicate their acceptance of the Prize.
8.7 All vehicles are subject to a fully independent service and certified MOT pass prior to the promoter closing date of the competition.
8.8 Entries are limited to one person per household. If it comes to our attention that more than 1 person per household is entering into a competition all entries from that address will be void and refunded where applicable.
8.9 Vehicles Prizes will need to be collected from the address on our website, which is in West Midlands. However on request we can deliver the car if you live within 70 miles. Tech bundle Prizes will be delivered free of charge.
Closing the competition
8.10 If the Number of Entries to the Competition does not exceed the Minimum number of entries required as at the closing date, the Competition will close and the proceeds will either be deemed sufficient to award the car as a prize at the discretion of the promoters, or the remaining funds will be allocated as a cash prize to a winner after the deduction of any expenses and marketing fees.
8.11 The Promoters will be entitled to retail 30% of the Entry Fees to cover administration and marketing expenditure. The remaining balance following deduction of the 30% and expenses (i.e. website, payment solution and legal fees) is “the Prize Fund”. The Prize Fund will then be distributed to the winning Entrant. The Prize Fund will also be used as the prize in the event of anything happening to the given prize that we are unable to offer it as the prize (i.e. If the car that is the prize you have entered for is stolen or damaged during the competition)
9.0 The Winner(s) agrees to allow the Promoters to display his or her name on the Website in accordance with the Privacy Policy. The name, age and town of residence of the Winner will be posted on the Website for the purposes of announcing the Winner of the Competition within 24 hours of the Winner being determined.
9.1 Entrants authorise the Promoters to enter their personal details into their database and to use the information in accordance with the provisions of the Data Protection Act 1998 and subject to the terms of Privacy Policy.
9.2 The Promoters reserve the right to cancel the Competition at any time either before or after tickets have been sold. If the Competition is cancelled, the Promoters will return the Entry Fees to each Entrant (either by bank card refund or by cheque and in one combined payment where several entries have been made by a competitor). Where the Entry Fee is returned, the Promoter shall have no further liability to the Entrant or to any other person;
9.3 The Promoters make no representation or warranty as to the Valuation or the Prize, its structural or cosmetic condition or its ability to be sold. Entrants should make and rely on their own enquiries and legal advice about the Prize before entering the Competition.
9.4 Save for death or personal injury the Promoters will not be liable for any loss (including economic loss) suffered to or sustained by any person or property as a result of any act or omission of the Promoters, nor will their servants or their agents in developing, planning and Administrating the Competition, distributing the Prize to the Winner or following the distribution of the Prize; The Promoters accept no liability for errors or omissions contained within the Prize details, description or specification or any other part of the Website. It is the responsibility of each Entrant (and in particular the Winner) to satisfy him/herself as to the accuracy of any such details and/or any content of this website.
The Promoters will not be liable for any loss suffered by an Entrant as a result of incomplete entries or failed computer communications or for any loss suffered as a result of use of the Website.
9.5 The Promoters do not accept responsibility for entries which they do not receive due to failures in computer systems, other malfunctions, high Internet traffic, hardware failure, software failure, server faults or any other reason.
These competition rules shall not create or be construed as creating any form of contract, joint venture or other agreement between any Entrant and the Promoters.
9.6 An entry shall be declared void (without any refund being given) if the entrant engages in: (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; or (e) amending, or unauthorised use of, any of the code that constitutes the Website.
CONTEST/SELECTING WINNER
9.7 The winning Entrant will be selected at Random using a number generator live on Facebook, full details will be confirmed once the draw has been concluded via either of the explained ways. The decision will be made within 48 hours of the close of the competition for the exact date/time.
9.8 There will only be one winner per competition unless otherwise stated.
9.9 If the contest is completed and the Prize is issued successfully then the prize will be transferred by the promoter to the winner of the contest using the V5 for each car. This must be completed before the car’s are handed over. No insurance comes with the Prize(s) and the Promoter will no longer have any responsibility over the Prize(s) once hand over is completed.
Governing Law
10.0 This Agreement shall be governed, construed, and enforced in accordance with the laws of the United Kingdom, without regard to its conflict of laws rules.
Modification
10.1 We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules.
10.2 Each entrant should retain a copy of these Terms and Conditions for their future reference.
Free Postal Entry Route
11. If you wish to enter the competition for free then please send an unenclosed postcard stating the competition you wish to enter, providing your full name, date of birth, email address, postal address and a contact number. The unenclosed postcard must contain the correct answer to the question for the competition, and the answer and personal information must be clearly written. The address is:
Midlands Car Giveaways Ltd, 28 Cincinatti Drive, Birmingham, B24 0SB . All free entries must be received before the close of the competition. One entry per letter. All free postal entries are processed exactly the same as paid entries via the website.
11.2 All postal entry details needs to be either typed or very clearly written, we cannot enter you into the competitions if we cannot read your writing on your entry. If we receive 1 letter in the post containing multiple entries this will not comply with the above terms and conditions.
11.3 When the maximum Number of Entries or the Closing Date is reached, the Competition will close.
11.4 All postal entries must be sent as an unenclosed postcard. If your entry is not clear and fully readable we will be unable to enter all of your details into our system.
11.5 if succesfull. the entrant will receive a confirmation prior to the Live draw.Only 1 postal entry will be randomly selected for each competition draw.
Privacy Policy
Midlands Car Giveaways Ltd
1. Introduction
1.1 We are committed to safeguarding the privacy of our users. This policy is designed to ensure that we safely handle your personal data in accordance with relevant regulations and legislation such as Data Protection Act 1998 and EU General Data Protection Regulations 2018 (the “Data Protection Regulations”).
1.2 This policy applies in those cases where we act as a data controller for the personal data of our website visitors and service users. This means those cases where we can decide the purposes and method of processing your personal data.
1.3 By using our website, you are agreeing to the terms of this policy.
1.4 These privacy rules explain what data we may collect from you, what we will do with that data and explains how you can limit the publication of your information and how you can choose whether or not you would like to receive direct marketing communications.
1.5 In this policy, “we”, “us” and “our” refer to MIdlands Car Giveaways Ltd. Further details about us can be found below, in section 10 of this Privacy Policy.
1.6 We reserve the right to update and make changes to this Privacy Policy from time to time. You should check back regularly to ensure that you are up to date with any changes to this policy. Any changes posted will have effect from the date of such posting.
2. How we use your personal data
2.1 In this Section 2 we set out:
(a) the general categories of personal data that we may process;
(b) the purposes for which we may process personal data; and
(c) the legal basis of the processing in each case.
2.2 We may process data about your use of our website and services (“usage data“). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your website or service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is either your specific consent or where we are not legally required to ask for consent, we may process this data for our legitimate interests, namely monitoring and improving our website and services.
2.3 We may process your account data (“account data“). The account data may include your name, email address, contact phone number and postal address. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is either your specific consent or where we are not legally required to ask for consent, we may process this data for our legitimate interests, namely monitoring and improving our website and services.
2.4 We may process information relating to transactions, including purchases of goods and services that you enter into with us and/or through our website (“transaction data“). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying goods or services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.
2.5 We may process any of your personal data identified in this policy where necessary for administrative purposes including in the exercise or defence of legal claims. The legal basis for this processing is our legitimate interests, namely for administrative record keeping, processing transactions and maintaining business records or for the protection and assertion of our legal rights.
2.6 If you supply any other person’s personal data to us, you must do so only if you have the authority of such person to do so and you must comply with any obligations imposed upon you under the Data Protection Regulations.
3. Providing your personal data to others
3.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our holding company and its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
3.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or to exercise or defend legal claims.
3.3 We may pass your personal information to credit reference agencies or other agencies that provide services to verify your identity or for any other checks or searches required by legislation or our regulators relating to money laundering. These agencies may keep a record of any search that they do.
3.4 If you carry out financial transactions through our website, these services will be handled by our payment services providers. We share transaction data with our payment services providers to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
3.5 We may outsource or contract the provision of IT services to third parties. If we do, those third parties may hold and process your personal data. In these circumstances, we will require that the IT supplier only processes your personal data for us, as directed by us, and in accordance with the Data Protection Regulations.
3.6 If we sell all or part of our business, we may pass your personal data to the purchaser. In these circumstances, we will require the purchaser to contact you after completion of the sale to inform you of the identity of the purchaser.
3.7 In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your legal interests or the legal interests of another person.
4. International transfers of your personal data
4.1 In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
4.2 Unless such transfer is made with your consent, or is required in order to fulfil the terms of any services requested from us, we will not transfer any of your personal data to any country outside the EEA unless such transfer is to an organisation which provides adequate safeguards in compliance with the Data Protection Regulations.
4.3 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
5. Retaining and deleting personal data
5.1 This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2 Personal data that we process for any purpose shall not be kept for longer than is necessary for that purpose. This means that unless there is a good reason to do so we won’t keep your personal data more than 6 years after our business relationship has ended.
5.3 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your legal interests or the legal interests of another person.
6. Amendments
6.1 We may update this policy from time to time by publishing a new version on our website.
6.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
6.3 We may notify you of changes to this policy by email or through the private messaging system on our website.
7. Your rights
7.1 In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
7.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
7.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data, as described below (clause 7.13).
7.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
7.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
7.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
7.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
7.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
7.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
7.10 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
7.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
7.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
7.13 You may request that we provide you with any personal information we hold about you. Provision of this information will be subject to the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
8. About cookies
8.1 A cookie is a small file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser asking permission to be placed on your computer’s hard drive. The file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
8.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
8.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
9. Cookies that we use
9.1 We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our services in order to tailor them to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
9.2 Overall, cookies help us provide you with a better experience, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
9.3 You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our services.
9.4 We may use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy can be found at the following web address: https://www.google.com/policies/privacy/.
10. Our details
10.1 This website is owned and operated by Midlands Car Giveaways Ltd.
10.2 Our registered office address is 28 Cincinatti Drive, United Kingdom, B24 0SB and our company registration number is 11869312.
10.3 You can contact us:
(a) by post, to the postal address given above; or
(b) by email, using the email address published on our website.