THIS AGREEMENT IS DATED: 1st November 2021
Competition Terms and Conditions
The promoter of Ares Carter - Out Of Lives (feat. Charlotte Haining) FIFA 22 Giveaway Competition
prize draw ("Prize Draw") with Perfect Havoc Limited. ("Promoter").
1. Eligibility
1.1 This Prize Draw is open to individuals residing in the UK only, over the age of 18.
1.2. Employees of the Promoter or any associated company and their immediate family,
as well as sponsors of the Prize Draw and their employees, and judges of the Prize Draw
and their immediate family, or anyone else involved in the organisation of the Prize Draw, may not enter
the Prize Draw.
1.3. Entrants will require access to the internet to enter the Prize Draw.
1.4. Entrants will require either a free or premium account on Spotify to enter the Prize Draw.
2. How to enter
2.1. Entrants must enter at www.perfecthavoc.com/competitions/outoflives
and follow the instructions on this page accordingly.
2.2 Each Entrant is required to click on the ‘Spotify Follow’
button within this page which once completed shall officially mean the Entrant
has entered the competition and accepted the Terms & Conditions of this
agreement.
3. Winner selection and contact
3.1. The Promoter will select one (1)winner at random out of the entries made
during the Prize Draw Period.
3.2.No correspondence will be entered into in respect of any decision made in
connection with this Prize Draw.
3.3. Within one (1) day after the end of the Prize Draw Period the Promoter will;
3.3.1. Email the winning entrant (the “Winner”) to notify them of their winnings and confirm their details which
they will then share with Perfect Havoc to secure their prize including their
address. ("Details";). Winner must provide the Promoter with Details within 5
days of receiving winning email from Promoter.
3.3.2. Once the Details have
been provided in the manner stipulated herein, the Promoter will arrange for
the Prize (as defined in Clause 4.1.) to be sent via secure post
3.4. If the Winner(s) fail to provide their Details to the Promoter within 5 days of the
Promoter sending an E-mail to the Winner(s) in accordance with clause
3.3.1, then the Promoter acting in its absolute discretion may:
3.4.1. make further attempts to contact the Winner; and/or
3.4.2. withdraw the Prize from the
Winner.
3.5. If a Prize is declined by the Winner or is withdrawn from the
Winner by the Promoter under these Terms and Conditions the declining or
forfeiting Winner will continue to be subject to the provisions of these Terms
and Conditions and the Promoter may offer that Prize to a new Winner
selected randomly in accordance with this clause 3.
4. Prize
4.1. The One (1) winner will win; A Playstation 5 console with US power plug and a PS5 copy of the FIFA 22 game. The console will require an adapter outside of the US.
4.2.Due to COVID 19, the Prize will be subject to government guidelines and restrictions set at the time.
4.3. The Promoters shall not be made liable if the Prize has to be postponed due to COVID 19 restrictions being enforced in the UK including Wales.
4.4. The Prize is non-transferable and non-refundable and the Winner cannot request any alternative prize (cash
or otherwise).
5. Winner publicity
5.1. The promoter reserves the right to publish the
Winner's name on the Promoter’s official social media accounts, including
Twitter, Snapchat, Instagram and Facebook and on its website found at
www.perfecthavoc.com
5.2. The Promoter reserves the right to disclose the
name of the Winner in response to requests submitted under clause 8
5.3.By entering the Prize Draw, you agree (if you are the Winner) to your Entry
being published in accordance with clauses 5.1 and 5.2 and to take part in and
co-operate fully with all reasonable publicity accompanying or resulting from
this Prize Draw without further recompense.
6. Entry requirements
6.1. Any Entry that is deemed by the Promoter, in its sole discretion, to be unlawful, obscene, vulgar, pornographic, hateful,
threatening, discriminatory, offensive, or which may otherwise bring the Prize
Draw or Promoter into disrepute, or which does not comply with these Terms
and Conditions, will be excluded from the Prize Draw and the Promoter
reserves the right to take any further action in respect of such Entry that it
deems appropriate (including without limitation the withdrawal of any Prize
awarded to that entrant).
6.2. The Promoter will fully co-operate with any law
enforcement authorities or court order requesting or directing the Promoter to
disclose the identity of or to locate anyone posting or linking any content to its
website which infringes any third party rights or is in breach of any of these
Terms and Conditions or any applicable law.
7. Liability
7.1. Except for death or personal injury caused by negligence of
the Promoter or its agents or representatives or for fraud or fraudulent
misrepresentation, neither the Promoter, nor its agents or representatives
assume responsibility for:
7.1.1. any Prize that is not redeemed;
7.1.2. any personal property;
7.1.3. any loss of enjoyment or wasted expenditure;
7.1.4. any system failures or malfunctions of any third party websites;
7.1.5. any incomplete, lost, delayed or late Entries;
7.1.6. any failure to fulfil obligations
of any third parties involved in this Prize Draw;
7.1.7. any fault, malfunction, damage, loss or disappointment suffered by the participants in the Prize Draw
howsoever arising from participating in the Prize Draw;
7.1.8. communications line failure, regardless of cause, with regard to any equipment, systems,
networks, lines, satellites, servers, computers or providers utilised in any
aspect of this Prize Draw;
7.1.9. inaccessibility or unavailability of the internet,
or any website (including without limitation any social media web sites) or any
combination thereof through dial up, broadband, mobile internet or WAP
connections;
7.1.10. any injury or damage to a participant which may be
related to or arising from the Prize Draw or the Prize;
7.1.11. if for any reason the Prize Draw or any website in connection with the Prize Draw is not capable
of running as planned for reasons which may include without limitation,
infection by computer, virus, tampering, unauthorised intervention, fraud,
technical failures or any other causes which may corrupt or affect the administration security, fairness, integrity or proper conduct of this
promotion; and/or
7.1.12. any other matter outside of their reasonable control.
7.2. Nothing in these Terms and Conditions affects your statutory rights.
7.3.To the extent permitted by law, all conditions, warranties and other terms
which might otherwise be implied by statute or common law are expressly
excluded from these Terms and Conditions.
7.4. The Winner agrees to
indemnify and keep indemnified the Promoter, its group of companies and
their officers, employees and agents from and against all liabilities, losses,
damages and expenses (including legal and other professional fees) arising out
of or in connection with any allegations or claims resulting directly or
indirectly from:
7.4.1. their Entry into this Prize Draw; and/or
7.4.2. their receipt and use of any Prize.
8. General
8.1. The Promoter reserves the right to cancel or amend the Prize
Draw or these Terms and Conditions if it has reasonable grounds for doing so.
Any changes to the Prize Draw or these Terms and Conditions will be
announced by the Promoter on the website.
8.2. By entering the Prize Draw
you accept these Terms and Conditions.
8.3. Any person who provides their
Details to the Promoter in connection with this Prize Draw:
8.3.1. accepts these Terms and Conditions; and
8.3.2. agrees that the Promoter may use their personal data: (a) for the purpose of administration of the Prize Draw
(including publishing the name of the Winners and any administration
relating to the Prize); and (b) any other purpose for which they have
consented.
8.4. Perfect Havoc Limited reserves the right to relocate prize
winners from the stated flight and/or hotel to an alternative flight and/or
hotel if they become unavailable or have increased in price for the travel
dates/times requested.
8.5. The use of any personal data by the Promoter shall
be in accordance with the Promoter's Privacy Policy (which can be found on
the Promoter’s website at http://www.perfecthavoc.com/privacy-policy and these Terms
and Conditions.
8.6. Without prejudice to clause 6.1, the Promoter reserves
the right to exclude any Entry from the Prize Draw (and withdraw any Prize
that may have been awarded in respect of such Entry) if it deems it to be
ineligible or otherwise invalid and the Promoter shall have complete discretion
in this respect.
8.7. No responsibility can be accepted for lost Entries or
incomplete Entries. Proof of Entry is not proof of receipt.
8.8. If any provision
of these Terms and Conditions (or part of any provision) is found by any court
or other competent authority to be invalid, unenforceable or illegal, the other
provisions shall remain in force.
8.9. If any invalid, unenforceable or illegal
provision would be valid, enforceable and legal if some part of it were deleted,
the provision shall apply with whatever modification is necessary to give effect
to the commercial intention of the Promoter.
8.10. No failure or delay by a
party to exercise any right or remedy provided under these Terms and
Conditions or by law or any abandonment of any such right or remedy shall
constitute a waiver of that or any other right or remedy, nor shall it preclude
or restrict the further exercise of that or any other right or remedy.
8.11. No single or partial exercise of such right or remedy shall preclude or restrict the
further exercise of that or any other right or remedy.
8.12. For the name of the Winners or for a copy of these Terms and Conditions please send a stamped
addressed envelope together with your written request to ‘Perfect Havoc
Limited, 9 Torland Drive, Oxshott, Surrey, KT22 0SA. T
The Prize Draw,
these Terms and Conditions and any dispute or claim arising out of or in
connection with them or their subject matter or formation (including non-
contractual disputes or claims) shall be governed by and construed in
accordance with the law of England and Wales. The courts of England and
Wales shall have exclusive jurisdiction to settle any dispute or claim which
may arise out of or in connection with the Prize Draw or these terms.