1.1 The Competitions are open for entry to all persons aged 18 or over, residing in the United Kingdom, excluding employers of the promotor, family members, agents, or any other persons or entity connected with the development or operation of the website / apps.
1.2 Top Marks Competitions (‘Promotors.’ ‘our(s)’) operate competitors resulting in the allocation of prizes in accordance with the terms and conditions on the website and the apps. www.topmarkscompetitions.co.uk (The Website) – each being referred to herein respectively as the ‘competition’ or ‘competitions’
1.3 In order to enter a competition, you will need to register an account with us online. When registering an account online you will be asked to provide an email address, in addition to other personal details.
1.4 The promotor reserves the right to close a customers account at any time, if they feel the customer is abusing the services, being abusive to other customers or staff or they have belief that it is not genuinely the customer that is entering.
1.5 The promotor reserves the right to refuse a customers entry at the promotors discretion.
- Legal Undertaking
2.1 By entering a Competition the entrant (‘Entrant’, ‘you’, ‘your(s)’) will be deemed to have legal capacity to do so, you will have read and understood these Terms and Conditions and you will be bound by them and by any other requirements set out in any related promotional material.
2.2 These 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.
2.3 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. 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.
3.1 You will need an online account with Top Marks Competition to enter any Competition on the Website.
3.2 The Promoter may run multiple competitions that will be operated at the same time and each Competition will have a specific prize. Each Competition will require the Entrant to exercise skill, knowledge, and judgement, to correctly answer a skill based question.
3.3 Competitions may be entered via the Website or by free postal entry. Availability and pricing of the Competitions are at the discretion of The Promoter and will be specified at the point of sale on the Website.
3.4 Maximum number of entries/tickets per Entrant will vary depending on each individual Competition, details can be found on the individual Competition page on the Website.
3.5 To enter a Competition online via the Website, follow the on-screen instructions to: select the Competition you wish to enter; select the number of tickets you wish to purchase, select the number assigned to each ticket; carefully read and confirm you agree to the Competition terms and conditions; then provide your contact and payment details (for entry fee only). Your card payment will be electronically approved by the payment provider. You will be contacted via email to confirm that your entry to the Competition is complete.
3.6 To enter a Competition by free postal entry please send an unenclosed postcard with the following details:
Name; address; date of birth; contact phone number; email address; name of prize/Competition you’d like to enter; and your answer for the Competition entry question. All free entries will still be required to register for an online account.
Post to: WE NEED AN ADDRESS
You will not be notified to confirm your free postal entry has been received until the Competition has closed and the entry list completed. You will be notified via email, an entry list will be sent to you which will include your name and ticket number. Postal entries are limited to one Competition entry per postcard, with the maximum number of entries per Entrant detailed on each individual Competition page. For a postal entry to be considered valid it must be received before the Competition closing date and must contain an Entrant’s personal details that exactly match those of a registered online account.
3.7 The Promoter reserves the right to refuse any entry or disqualify any incomplete entries if it has reasonable grounds for believing that an Entrant has contravened any of these terms and conditions.
3.8 To the extent permitted by applicable law, 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 the cancellation of the Competition by the Promoter or any entries submitted after the Competition closing date.
3.9 The Promoter does not accept responsibility for entries which they do not receive due to high internet traffic, hardware failure, software failure, server faults, failures in computer systems, or any other reason.
3.10 All Entrants are automatically entered into Top Marks Competitions database for the purpose of conveying information as to the status of their Competition entry/entries, as well as any future Promotions or Competitions offered by The Promotor.
3.11 The Entrant agrees that the ‘Consumer Protection (Distance Selling) Regulations 2000’ for any goods and services ordered online to be supplied within 30 days will not apply to any Competition on the Website.
3.12 The Competition rules shall not create or be construed as creating any form of contract, joint venture or other agreement between any Entrant and the Promoter.
4.1 Each Competition will run for a specified promotion period with the closing date of the Competition defined by, either, the maximum number of available tickets being sold, or, the chosen Competition closing date. Please see each individual Competition on the Website for these details. The Promoter reserves the right to extend the closing date by up to XXX weeks at its discretion.
4.2 In the event that the number of entries to the competition does not meet the maximum number by the closing date, after the Competition has already been extended as per section 4.1, the Competition will either: (a) close and the proceeds will be deemed, at the discretion of the Promoter, sufficient to award the prize, or, (b) close and a cash ‘Prize Fund’ will be offered with the entry funds after the deduction of any admin expenses, other expenses, and marketing fees.
4.3 The Promoter reserves the right to cancel a Competition at any time either before or after tickets have been sold, and refund entry fees to the Entrants as required. Refunds will be processed within a reasonable time frame, and once processed the Promoter shall have no further liability to the Entrant or any other person.
5.1 Details of the prize draw for a competition will be confirmed once the competition has been closed and will be announced within XX hours via facebook, Twitter and Website. Push notifications will also be sent to the apps;
- An entry list will be published on the website once the competition closes.
- Assigned ticket numbers for a competition may be subject to change at anytime until the entry list has been published.
- The prize draw will be done live on XXXXXXX using XXXXXX. There will be only one winner per competition unless otherwise stated.
5.2 The promotors decision is final and no correspondence will be entered into about the result of the competition following the prize draw using XXXX
6.1 The Winners will be required to send a copy of their passport to the Promoter to confirm their identity, age and also to prove that any purchase via a credit card, that the card was legally theirs or that they had authorisation to use it, before any prize will be paid or delivered. Any failure to meet these obligations may result in the Winner being disqualified and the Promoter choosing an alternate winner. These details need to be sent within XXXX of the competition closing.
6.2 All Winners will also be required to provide photographs and/or pose for photographs and videos, which may be used in future marketing and public relations by the Promoter in connection with the Competition and in identifying them as a winner of a Competition.
6.3 Following receipt and verification of the details requested above by the Promoter, the Winners will be contacted in order to make arrangements for delivery of the prize.
6.4 The prize may not be claimed by a third party on your behalf.
7.1 The Prizes are selected, and owned, by the Promoter from the date of the competition going live on the website to the date that the Winner receives the prize. Details of each prize can be found on the website on the competitions pages. The Prize will only be that as awarded at the time of the Prize Draw, no alternatives will be offered under any circumstances.
7.2 For all Prizes, the Promoter will take no responsibility for the Prize awarded after delivery. There is no insurance, tax, or warranty that comes with the Prizes and the Promoter cannot be held responsible for the Prize or any costs it incurs once handed over to the Winner.
7.3 The Promoter will not provide any warranty or accept any valuation to the Prize or guarantee functionality/ roadworthiness in any way, shape, or form. The Entrant must make up their own decision through their own enquiries and legal advice before entering the Competition.
7.4 In the case of the Prize being a holiday package, it is the responsibility of the Winner to ensure that they, and any other persons they will be travelling with have: a valid Passport if required; valid visas and any other necessary travel documents required for the destination; and travel insurance on the dates that the Prize is scheduled for.
7.5 Delivery of the Prize to the Winner is free to an agreed United Kingdom mainland address. The Promoter reserves the right to charge a delivery fee if the Winner wants to change the delivery address after the delivery has already been agreed upon, or if the Winner wants to have the Prize delivered to an address outside of the United Kingdom mainland.
7.6 All Entrant expenses are the sole responsibility of the Winner.
7.7 All prizes are subject to the terms and conditions of the Promoter, the Prize manufacturer, and/or the Prize supplier.
8.1 We may revise our terms and conditions from time to time and will post the most current version on the website as soon as possible after the revised terms and conditions become effective. Please check the page periodically to ensure you understand the terms and conditions that apply at the time. By continuing to access and/or use the website after the revisions come into effect, you agree to be bound by the revised terms and conditions. We may also update and change the website, competitions and/or TMC club draws from time to time to, amongst other things, reflect changes to our offering, website, IT systems, Apps and/or our users’ needs and/or feedback.
9.1 You must keep your account password secure and private at all times. You must take the necessary steps to prevent your account being used without your permission. You must never tell anyone your password, never write it down or record it in a way that can be understood by someone else.
9.2 Your password and log in details are personal to you and should not be given to anyone else and/or used to provide shared access e.g. over a network. You must use a password which is unique, and maintain good internet security at al times.
9.3 You must contact the promoter immediately if you suspect or know that anyone apart from ‘you’, the account owner has used your account and/or given instruction in relation to it without your permission.
9.4 If you forget your password, it can be reset by following the instructions on the website. This can only be completed if you can provide the relevant security information requested by the promoter. If this information can’t be provided you should contact the promoter via the online web chat service or by email.
9.4 The promoter shall not be held responsible and/or liable for any and/or all consequences arising from any breach due to failure to practice good internet security.
10.1 The Promoter can store the chosen prize free of charge for 30 days after notifying the First Prize Winner, at the end of which time the First Prize will be delivered to the Winner.
Top Marks Competitions loyalty club.
11.1 Details to be confirmed. We need a name, levels, benefits etc but this can be done after we launch. If you prefer we can do it now, but it is extra work at the launch. I would prefer to launch and concentrate on that and then open the club up. We can state something like “Club details to be announced, previous tickets bought will count towards membership level on launch”. That way customers are not missing out on previous tickets bought.
Limits of Liability
12.1 The Promoter makes no representations or warranties as to the quality/suitability of any of the goods or services offered as prizes. Except for liability for death or personal injury caused by the negligence of the Promoter, the Promoter shall not be liable for any loss suffered or sustained to person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods by any person to the prize Winner(s) and, where applicable, to any family/persons accompanying the Winner(s), or in connection with any of the Competitions promoted by the Promoter.
13.1 No responsibility will be accepted 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. The Promoter shall use its best endeavours to award the prize for a Competition to the correct Entrant. If due to reasons of hardware, software or other computer related failure, or due to human error the prize is awarded incorrectly, the Promoter reserves the right to reclaim the Competition prize and award it to the correct Entrant, at its sole discretion and without admission of liability.
13.2 The Promoter reserves the right at its sole discretion to extend the closing date of any competition, if for any reason any aspect of the competition is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Competition. The Promoter may in its sole discretion cancel, terminate, modify or suspend a Competition, or invalidate any affected entries. In the event that the Promoter closes a Competition early, the Winner may be selected from all valid and eligible Entries received by the Promoter prior to the date of closure, except that the Promoter reserves the right, at its sole discretion, to close a Competition early without selecting a Winner. In the event that a Competition is closed without selecting a Winner, the Promoter will give all entrants Dream Car Credit to enable them to replay equivalent tickets in a subsequent competition.
13.3 The Promoter shall not be liable for any economic or other consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due. The Promoter shall use its best endeavours to ensure that the software and website(s) used to operate its Competitions perform correctly and accurately across the latest versions of popular internet, tablet and mobile browsers. For the avoidance of doubt, only the ticket coordinates recorded in our systems, howsoever displayed or calculated, shall be entered into the relevant Competition and the Promoter shall not be held liable for any competition entries that occur as a result of malfunctioning software or other event. Competition coordinates may be checked at any time by accessing your account at botb.com.
Data Protection Notice
14.1 Any personal data that you supply to the Promoter or authorise the Promoter to obtain from a third party, for example, a credit card company, will be used by the Promoter to administer the Competition and fulfil prizes where applicable. In order to process, record and use your personal data the Promoter may disclose it to (i) any credit card company whose name you give; (ii) any person to whom the Promoter proposes to transfer any of the Promoter’s rights and/or responsibilities under any agreement the Promoter may have with you; (iii) any person to whom the Promoter proposes to transfer its business or any part of it; (iv) comply with any legal or regulatory requirement of the Promoter in any country; and (v) prevent, detect or prosecute fraud and other crime. In order to process, use, record and disclose your personal data the Promoter may need to transfer such information outside the United Kingdom, in which event the Promoter is responsible for ensuring that your personal data continues to be adequately protected during the course of such transfer.
When considering your closing date, you need to give yourself sufficient time to sell enough entries for your competition to be a success. However, you don’t want the competition open for too long or people will be put off entering.
Many promoters break the law by extending closing dates to give themselves more time to sell more entries.