Competition Terms & Conditions
TERMS AND CONDITIONS
1.1 The following terms and conditions are our “General Terms” and they apply to every “Competition” (including but not limited to prize draws, giveaways, skill and talent competitions) that we, Cloud Nine, promote and administer.
1.2 These General Terms shall apply in addition to any Competition Terms which may also be in place for a Competition or prize draw on any platform. You should always read these General Terms.
1.3 These General Terms may be amended at any time without prior notice. We may change these General Terms at any time so you should check this page regularly for any changes. Changes will apply from the date that they are published on this page. It is your responsibility to ensure you review the current General Terms as well as Competition Terms before entering any Competition or prize draw of the Promoter.
1.4 By entering any Competition, you are accepting that you will be legally bound by these General Terms. If you do not agree with any aspect of the General Terms, then you should not take part in the Competition.
1.5 We recommend that your print and store or save a copy of these terms and conditions for future reference during the Competition.
THE PROMOTER OF EACH COMPETITION
2.1 The “Promoter” of a Competition is the person legally responsible for administering it. For our Competitions, unless otherwise specified the Promoter will be: Cloud Nine Installs (with company number SC556096) a limited company registered in Scotland with registered offices at 9 Ryndale Drive, Dalkeith, Midlothian, Scotland, EH22 2EL.
2.2 If you have any concern in relation to any of our Competitions, you can contact us by email to: firstname.lastname@example.org or by writing to: 69 High Street, Musselburgh, EH21 7BZ. In all correspondence please state the name of the Competition and the name of the digital publication or website which promoted
ELIGIBILITY RULES FOR OUR COMPETITIONS
3.1 Entrants must meet all eligibility requirements as specified in the Competition Terms. Entrants must be residents of Edinburgh, the Lothians and Fife and must be aged 18 years or over at the time of entry and have full ownership or rights to any property entered. The Promoter will not delver any prizes to any address outside the specified area.
3.2 Use of a false name, address or ownership rights will result in disqualifications.
3.3 Entries made online using methods generated by a script, macro or the use of automated devices will be void.
We will always state the cost of entry. You should always have the card payer’s permission to enter any Competition.
4.2 Decision making
In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of any answer or response given by an entrant, or the operation of any part of the Competition or prize draw service, networks or systems, the decision of the Promoter shall be final and no correspondence will be entered into.
4.3 Deficient entries
In all Competitions, we reserve the right at any time to reject any entries that are incomplete, incomprehensible, incorrect, inaudible, lost, damaged in any way, made or received after the deadline for receiving entries has passed or which are otherwise deficient or not in accordance with the General Terms. We also reserve the right to reject entries that are unlawful, indecent, racist, inflammatory, defamatory or which we consider to be otherwise harmful or offensive in any way. We accept no responsibility for any late, lost or misdirected entries including but not limited emails, calls or social media messages not received due to technical disruptions or issues, network congestion, loss in service of online entry mechanisms, computer or technical errors or any other reason. We cannot enter into correspondence with entrants who experience difficulties when entering online. Any entries received which are in any way in breach of these General Terms will be void and will be disqualified from the Competition.
Entrants must enter Competitions using their legal name only. We reserve the right to disqualify any entrant who uses multiple names and to require them to return any prize they may have won. We also reserve the right to ask any entrant to produce a form of personal identification in order to verify their identity or any other eligibility requirements as necessary.
4.5 Prize Limits
The prize is as specified in the Competition Terms. Each entrant is limited to winning one prize per Competition. No person or persons at the same residential address may win more than one prize in any given six (6) month period.
4.6 If a previous winner (of a prize valued at £500 or more in the last six months) is drawn at random in a subsequent Competition, or subsequent round of the same Competition within six months then they will be disqualified, and another entrant will be drawn. If it emerges after a winner has been awarded a prize that they are a previous winner of a prize valued at £500 or more in the last six months, in breach of these terms and conditions, they will be excluded, and the prize shall not be paid or delivered to them. If the prize has already been paid or delivered, this must be returned immediately upon request. For clarity, it is possible to be drawn more than once to play a Competition and if an entrant has not previously won a prize valued at £500 or more in the last six months, they are eligible to play the same Competition again.
4.7 All prizes are subject to availability and to us successfully contacting the winner
and confirming eligibility and compliance with both the General Terms and
4.8 Retrospective Effect
4.9 Where an entrant or prize winner has been found to be in breach of any of the terms and conditions of a Competition and in particular where a person is in breach of the entry restrictions, we reserve the right to disqualify that person and require the return or reimbursement to us of any prize even where a prize has been awarded and/or actually provided to the entrant or prize winner in question.
5.1 All prize winners will be notified that they have won a prize within twenty-eight
(28) days of the closing date of the Competition via at least one of the following
(a) by telephone;
(b) by email; or
(c) in writing.
5.2 We reserve the right to ask any prize winner for a form of personal identification in order to verify they are who they say there are, be that in the form of a passport, driver’s licence or any other form of personal identification. We also reserve the right to ask any prize winner for some proof of address, be
that in the form of a utility bill, bank statement or any other valid proof of address
(in our sole discretion).
5.3 In the event that a prize winner cannot provide us with (i) a valid form of personal identification; and/or (ii) valid proof of address (both of which are reasonably acceptable to us, judged in our sole discretion), we reserve the right to withdraw the prize and select another prize winner.
5.4 All prizes are subject to availability, are non-transferable and are also nonexchangeable.
5.5 The Promoter reserves the right to change the prize or any part of the prize to an alternative of equal or greater value for any reason (in its sole discretion) including, without limitation, due to circumstances beyond its control, or if any part of the prize becomes unavailable. If for any reason the winner chooses not to take up the prize or any part of the prize, the Promoter reserves the right to ask the winner to confirm this in writing and, whether or not such confirmation is received, the Promoter will be able to retain or dispose
of the prize (or part of the prize) at its own discretion.
5.6 Any tax or other charges payable as a result of a prize being awarded or received will be the sole responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is of concern.
5.7 We reserve the right to disqualify entrants from entering our Competitions or prize winners from receiving their prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
5.8 All stated prize values are at the supplier’s recommended retail price in pounds sterling and are, to the best of our knowledge and belief, correct at the time of printing. We take no responsibility for any fluctuations in prize values.
5.9 As far as it is lawful to do so we exclude our liability for any losses suffered in connection with the Competition or any element of the Prize.
WINNER CONTACT AND CLAIMING PRIZES
6.1 If the winner cannot be contacted or successful contact is not made within 21 days, or if the winner fails to meet any of the eligibility requirements or is otherwise unable to comply with the General Terms or Competition Terms, this may result in forfeiture of the prize and the Promoter reserves the right to disqualify that entrant (without further liability to that entrant) and offer the prize to the next eligible entrant and thereafter until a winner is found.
PUBLICITY AND PERSONAL INFORMATION
PHOTOGRAPHS AND VIDEOS
8.1 Cloud Nine reserve the right to take photographs or video content of the prize itself.
8.2 Entrants agree that we have the right to publish and communicate to the public the photographs in any media without restriction or limitation throughout the world and not only for the purposes of the Competition;
8.3 Entrants acknowledge that we may edit the photographs or video in our sole discretion;
8.4 Entrants agree that we have the right to use names, likenesses and other personal information submitted in conjunction with the photograph or video;
8.5 Entrants agree not to bring any actions, suits, claims and demands against us in respect of defamation or any infringement or violation of any personal and/or property rights of any sort from our use of their Photograph or video; and
8.6 Entrants unconditionally waive their right to seek or obtain an injunction to prevent or restrict our use of the Photographs.
TERMINATION OF COMPETITION
9.1 Cloud Nine may vary the terms of, or terminate, a Competition at any time at its absolute discretion if reasonably required to do so. Termination or variation of a competition is without liability to any contestant or other person. The Promoter will not award the prize if the Competition is terminated.
- DECISIONS FINAL
10.1 All our decisions relating to the Competition and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other person will be entered into.
10.2 Disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent body.
FAILURE TO ENFORCE TERMS AND CONDITIONS
11.1 A failure by us to enforce any one of the terms and conditions in any instance(s) will not give rise to any claim or right of action by any entrant or prize winner, nor shall it be deemed to be a waiver of any of our rights in relation to the same.
11.2 EXCLUSION OF LIABILITY
11.3 Except as Competitionally set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded.
11.4 To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any entrant or prize winner in connection with or arising out of any Competition howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude our liability for personal injury caused by our negligence.
12.1 These General Terms are available in English only and shall be exclusively governed by and construed in accordance with the laws of Scotland.