1. QUALIFYING ENTRANTS
1.1 Hayburner Competitions (‘we’ , ‘our’) operate various Competitions resulting in the allocation of Prizes in accordance with these Terms and Conditions on the Website (‘Prize’ or ‘Prizes’) www.hayburnercompetitions.co.uk (the ‘Website’) – (each and all such Competitions being referred to herein respectively as the ‘Competition’ or ‘Competitions’).
1.2 Hayburner LTD operates Hayburner Competitions. Entry to our Competitions is via our website, or by post for free as set out below, resulting in the allocation of prizes inline with these Terms & Conditions.
1.3 Competitions are to be entered into by any ‘Entrant’.
1.4 All Entrants must create an account prior to entering into any Competitions with Hayburner Competitions. In this account must be an email address and contact telephone number to be eligible to participate in any Competition.
1.5 Competitions are open to all persons who fit the following criteria: (i) Are aged 18 and over. Not a direct employee of Hayburner Competitions.
1.6 Each Competition will have a maximum number of entries. The maximum number of entries will be listed on the Competition details.
1.7 Hayburner Competitions reserves the right to refuse a customer’s entry at our sole discretion.
1.8 Qualifying Entrants must have current and correct details in the account section.
1.9 All Qualifying Entrants must submit all contact details requested by Hayburner Competitions. This includes a valid email address, date of birth, and telephone number (which is used solely to contact you in the event of winning). A postal address is also required to allow Hayburner Competitions to deliver the prize. The winners name and general geographic area will be posted in the winners section of the website for transparency.
1.10 These Terms and Conditions apply to Competitions run by Hayburner Competitions.
1.11 Should Hayburner Competitions believe the Entrant has been in breach of any of these Terms and Conditions, we may, at our sole discretion, reserve the right to exclude them from participating in the Competition and any future Competitions
2. Entrants
2.1 All Qualifying Entrants will be deemed to have read and accepted the Terms and Conditions on the Website and agree to be bound by them.
2.2 Each Competition will close on a defined time, each Competition will have a clearly stated end date on the competition details page, Competitions will close in the event that tickets sell out.
2.3 All Competitions will be drawn on the draw date stated on the Competition page and will not be rolled over or extended. Regardless of ticket sales, wether a competition sells one ticket or sells out, it will be drawn.
2.4 All Qualifying Entrants are solely responsible for providing accurate and current contact details to Hayburner Competitions. Hayburner Competitions will be in no way liable for any inability or inaccuracies with contact details or the lack of contact made by the winning entrant due to the Qualifying Entrant providing inaccurate contact details.
2.5 Availability and pricing of each Competition is at the discretion of Hayburner Competitions and will be specified at or before the point of sale on the Website or social media.
2.6 All Entries will become the property of Hayburner Competitions on receipt and will not be returned.
2.7 Once the Entry is submitted, the Entrant’s card payment will be electronically approved.
2.8 Qualifying Entrants may enter the Competition for free by sending their entry on a unenclosed hand written postcard in the post to the below address stating: (i) The Competition the Entrant wishes to take part in,(ii) the Entrants full name, postal address, email address, mobile phone number and date of birth. The address is: Hayburner Competitions, Unit 55 Leyland Trading Estate, Wellingborough, Northamptonshire, NN8 1RA. All free entries must be received before the draw date of the relevant Competition. All details are required to be either typed or very clearly written. Hayburner Competitions reserves the right to not enter Qualifying Entrants into the Competitions if the relevant member of staff cannot read the Entrants writing on their postal entry. If Hayburner Competitions receives one letter through the post containing multiple entries this will not comply with the above Terms and Conditions and will not be entered. Hand delivered entrants will not be counted, Entrance to the building is by appointment only.
2.9 Entries can only be made for single Qualifying Entrants. Entries cannot be made on behalf of other parties. Hayburner Competitions reserves the right to void any entries if they believe someone is using multiple names to enter a Competition more than the maximum number of entries per person for that specific Competition. This applies to both paid Entries via the Website and free Entries via post.
2.10 All Entries to the Competition are final and no refunds shall be made at any time or for any reason. Exceptions include: entries submitted after the closing date, when the maximum number of entries is reached when the Competition will close, as well as in the rare case that duplicate payments for a single order are authorised.
2.11 Occasionally from time to time, Competitions may oversell due to stock control limitations on the Website.
2.12 Hayburner Competitions reserves the right to cancel the Competition at any time either before or after tickets have been sold. If the Competition is cancelled, Hayburner Competitions 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 Qualifying Entrant. Where the entry fee is returned, Hayburner Competitions shall have no further liability to the Qualifying Entrant or to any other person.
2.13 Hayburner Competitions will reserve the right to disqualify any entrant entirely at the discretion of the management of Hayburner Competitions if there are reasonable grounds to believe the Entrant has acted in breach of any of these Terms and Conditions.
2.14 All Entrants entering into the Competition must acknowledge that their payment for each entry does not guarantee in any way that they will win the prize.
2.15 Hayburner Competitions do not accept responsibility for entries which we do not receive due to failures in computer systems, other malfunctions, high internet traffic, hardware failure, software failure, server faults or any other reason.
2.16 The Entrant agrees that the ‘Consumer Contracts (Information, cancellation and Additional Charges) Regulations 2013’ for any goods and services ordered online supplied within 30 days will not apply to any Competition or Prize on the Website
3. LEGAL UNDERTAKING
3.1 By entering a Competition, the Entrant (‘they’ , their’) will be deemed to have the legal capacity to do so. They will have read, understood and accepted these Terms and Conditions and they will be bound by them and by any other requirements set out in any of Hayburner Competitions related promotional material.
3.2 The Entrant also confirms that they are not breaking any laws in their country of residence regarding the legality of entering our Competitions. Hayburner Competitions will not be liable for any Entrant entering any of our Competitions unlawfully. If in any doubt, any potential entrant should immediately leave the Website and check with the relevant authorities in their country.
3.3 The potential Entrant must come to their own decision through their own enquiries and legal advice before entering into any of Hayburner Competitions Competitions. We will assume that the potential Entrant has completed this due diligence and has agreed to all Terms and Conditions before proceeding to enter any Competition.
3.4 All 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. If the Entrant should participate in a Competition online via the Website, the Entrant does so by accepting these Terms and Conditions. Qualifying Entrants warrant that all information which they submit is accurate, true, current and complete.
3.5 All Qualifying Entrants entering into the Competition must acknowledge that their payment for each entry does not guarantee in any way that they will win the Prize. Hayburner Competitions does not in any way guarantee the value of the Prize, neither do we imply or give any warranty or accept any valuation to the Prize, or guarantee the roadworthiness or condition in any way shape or form for vehicular Prizes.
4. PRIZE DRAW
4.1 The winning Qualifying Entrant (The Winner) will be selected at random using a Random Number Generator, as chosen by Hayburner Competitions, this draw will be live on social media and free to watch.
4.2 Due to the nature of Competitions, there will only be one Winner per Competition unless otherwise stated.
4.3 When the Competition is completed and the Prize is issued successfully, the prize will be arranged to be delivered to the Winner of the Competition by us at a time that is convenient for both parties.
5. PRIZES
5.1 The details of each Competition’s prize can be found on the website on the relevant Competition’s pages. All Prizes are subject to the Terms and Conditions of the Prize provider, manufacturer or supplier.
5.2 Hayburner Competitions take no responsibility for the Prize awarded once delivered. Once the winner receives the prize, Hayburner Competitions makes no guarantee that they will insure the prize. No insurance shall be assumed to be provided with any Prizes and Hayburner Competitions cannot be held responsible for the Prize once handed over to the Winner. No Warranty will be given unless a manufacturers warranty is offered, these cases will be stated on the Competitions details page.
5.3 All Prize expenses are the sole responsibility of the Winners and no costs will be deemed the responsibility of Hayburner Competitions.
5.4 All Prizes will be deemed to be accepted and are non-transferable to other substitutes and cannot be used in conjunction with any other vouchers, offers or discounts, including without limitation any vouchers or offers of Hayburner Competitions.
5.5 A cash alternative at a rate offered by Hayburner Competitions to the Winner may be available as an option instead of the agreed Prize if the winner should prefer. This is at Hayburner Competitions discretion.
5.6. All Prizes are chosen and purchased by/on behalf of Hayburner Competitions and this is the Prize the Winner will receive.
5.7. If the Prize is a vehicle:
Hayburner Competitions isn’t responsible for the insuring or Mot of any vehicle. Roadworthness is the responsibility of the new owner and should be inspected by the owner before use. No guarantee is offered or implied.
5.8 If the prize is a cash prize, the sum advertised as the Prize in the Competition will be transferred to a bank account of the Winner’s choosing once made known to Hayburner Competitions
6. COMPETITION WINNERS
6.1 Hayburner Competitions decision is final and no correspondence will be entered into about the result of the Competition following the determination of the Winner as described in our Terms and Conditions.
6.2 If the Winner cannot be contacted by the Hayburner Competitions within 21 days of being notified of their status as the Winner by the e-mail, telephone or mail as supplied by the Winner in their entry, Hayburner Competitions 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 shall have 7 days from the winning notification of their status by Hayburner Competitions to communicate their acceptance of the Prize.
6.3 Delivery to the Winner is arranged free of charge by Hayburner Competitions to the registered address that the winner Provided with the Entry.
6.4 Hayburner Competitions reserves the right to charge the Winner delivery fees should they want the Prize delivered anywhere other than the registered address as mentioned above.
6.5 All entrants agree to taking a winners picture, should they be declared a Winner, to be used on our Previous Winners page on the Website and on social media pages. We also may use any Winners’ pictures for 3rd party advertisements and media publications.
6.6 Hayburner Competitions will either publish or make available information that indicates that a valid award took place. To comply with this obligation, Hayburner Competitions will publish the name and winning number of the Prize Winners on the Website and send the name and winning number Prize Winners to any Entrants
7. WINNERS DETAILS
7.1 The Winner(s) agrees to allow Hayburner Competitions to display their name on the Website in accordance with the Privacy Policy. The name 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.
7.2 Entrants understand that Hayburner Competitions will enter their personal details into their database and use the information in accordance with the provisions of the Data Protection Act 2018 and subject to the terms of our Privacy Policy.
8. LIABILITY
8.1 If death or personal injury unfortunately occurs, Hayburner Competitions 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 Hayburner Competitions, 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, Hayburner Competitions accept zero liability for errors or omissions contained within the Prize details, description or specification or any other part of the Website.
8.2 It is the responsibility of each Qualifying Entrant (and in particular the Winner) to satisfy him/herself as to the accuracy of any such details and/or any content of the Website.
8.3 Hayburner Competitions Ltd 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.
8.4 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.
8.5 Hayburner Competitions are the sole promoters and none of the prize draw Competitions are sponsored, run, or endorsed by any other party, company or individual including Apple or Facebook.
8.6 No part of these Terms and Conditions shall exclude the Entrant from making claims to the extent that they are exercising their statutory rights
9. ELECTRONIC COMMUNICATIONS
9.1 No responsibility will be accepted by Hayburner Competitions for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes. Hayburner Competitions shall use its reasonable endeavours to award the Prize for a Competition to the correct Entrant.
9.2 If due to reasons of hardware, software or other computer related failure, or due to human error, the Prize is awarded incorrectly, Hayburner Competitions reserves the right to reclaim the Prize and award it to the correct Entrant, at its sole discretion and without admission of liability and the Entrant that has been incorrectly awarded the Prize will immediately at the Entrant’s own cost and expense return it to Hayburner Competitions and/or pay Hayburner Competitions for that Prize (at the option of Hayburner Competitions).
9.3 Hayburner Competitions shall not be liable for any economic and/or other loss and/or consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due to such persons.
9.4 Hayburner Competitions shall use its reasonable endeavours to ensure that the software and Website(s) used to operate its Competitions performs correctly and accurately across the latest versions of popular internet, tablet and mobile browsers.
9.5 For the avoidance of doubt, only the ticket recorded in our systems, however displayed or calculated, shall be entered into the relevant Competition and Hayburner Competitions shall not be held liable for any Entries that occur as a result of malfunctioning software or other event
10. USE OF THE WEBSITE
10.1 The Entrant agrees that (a) the Website, the Competitions, and/or draws are for their own personal, non-commercial use, and (b) they are only allowed to use their account and the Website to enter Competitions draws via their account as set out in these Terms and Conditions.
10.2 The Entrant agrees that they will only use their account, enter Competitions, and access and/or use the Website in an appropriate and lawful manner. They will not (i) receive, access and/or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including, without limit, copyright) and/or otherwise objectionable and/or unlawful, (ii) knowingly and/or recklessly transmit any content (including, but not limited to, viruses) through the Website and/or Hayburner Competitions software and IT systems which will cause, or be likely to cause, (a) detriment and/or harm, in any degree, to the Website, Hayburner Competitions software and IT systems owned and/or operated by Hayburner Competitions and/or others, and/or (b) loss of and/or damage to data, (iii) hack into, make excessive traffic demands on or cause any impairment of the functions of any computer system, deliver or forward chain letters, “junk mail” of any kind, surveys, contests, pyramid schemes or otherwise engage in any behaviour intended to prevent others from entering Competitions, and/or use the Website, and/or which is otherwise likely to damage the reputation and/or business of Hayburner Competitions and/or of any third party in any way associated to Hayburner Competitions, and/or (iv) authorise anyone to do the acts set out in part 11.2(i) – (iii).
10.3 The Entrant agrees to compensate Hayburner Competitions Ltd for any and/or all costs, losses, damages and expenses which Hayburner Competitions Ltd may suffer and/or incur arising out of and/or in relation to any claim, legal proceeding and/or demand made by any third party due to and/or arising out of their unlawful, wrongful and/or negligent access and/or use of their account, the Website and/or Hayburner Competitions Ltd’s software and/or IT systems, and/or breach by them of these Terms and Conditions.
10.4 There is no guarantee that the Website will display correctly on all devices it can be viewed on.
10.5 Trademarks, service marks, logos, trade names, source identifiers and/or proprietary designations (“Trademarks”) of Hayburner Competitions used on and/or in connection with the Website, the Competitions are trademarks of Hayburner Competitions. Trademarks of third parties used on and/or in connection with the Website, the Competition are used for identification purposes only and may be the property of their respective owners.
10.6 No party, excluding Hayburner Competitions, is permitted to (a) copy, disclose, transmit and/or otherwise make available and/or remove or change any material available on the Website, (b) reverse engineer or decompile (whether in whole or in part) any software used in connection with the Website and/or the provision of the Competitions.
11. DATA PROTECTION NOTICE
11.1 In order to process, record and use the Entrants personal data, Hayburner Competitions may disclose it to any of the following: (i) Hayburner Competitions credit card processing company (ii) Any person to whom Hayburner Competitions proposes to transfer any of Hayburner Competitions rights and/or responsibilities under any agreement Hayburner Competitions may have. (iii) Any person to whom Hayburner Competitions proposes to transfer its business or any part of it. (iv) Comply with any legal or regulatory requirement of Hayburner Competitions in any country. (v) Prevent, detect or prosecute fraud and other crime.
11.2 In order to process, use, record and disclose the Entrant’s personal data, Hayburner Competitions may need to transfer such information outside the United Kingdom, in which event Hayburner Competitions is responsible for ensuring that the Entrants personal data continues to be adequately protected during the course of such transfer.
11.3 All Entrants and the management team at Hayburner Competitions recognise that Hayburner Competitions may use contact details and other data including personal data as defined by the Data Protection Act 1998 supplied by the Entrants to Hayburner Competitions to administrate the Website and conduct the Competition with accordance to these Terms and Conditions.
11.4 The Entrant and the management team at Hayburner Competitions also recognise that the staff at Hayburner Competitions Ltd may (either by choice or at the request of a third party) disclose this information to relevant third parties for the purposes of the prevention of fraud, money laundering, legal or other financial or regulatory reasons only.
12. RETENTION OF TERMS
12.1 Each Entrant should retain a copy of the latest Terms and Conditions for future reference.
14. CONTACT US
Registered office:
Hayburner LTD
Unit 55 Leyland Industrial Estate
Wellingborough
Northamptonshire
NN8 1RS
Comps@hayburner.co.uk