Aston Martin DB9 09

Terms and Conditions

COMPETITION SU-210 (SUPERCAR COMPETITION)

“Company”: Fast and Furious Supercars Limited. Registered in England and Wales under company registration number: 06549702. Tel: +44 191 263 1176 Fax: +44 191 263 1176. Email: info@fastnfurious.co.uk

“Competition”: The spot the ball competition as more fully described in clause 19.

“Prize”: means either:
(1) Preselected choice of one of the following:

  • Ferrari F430 Spider
  • Lamborghini LP560-4
  • Aston Martin DB9 Coupe or Volante
  • Porsche 911 Turbo
  • Bentley Continental GT Speed
  • + £5,000 towards fuel, insurance and running costs.

Or (2) Cash alternative £100,000

“Player”: Any person over the age of 18 (eighteen) who enters the Competition through the Website and the term ‘Player’ or ‘Players’ shall have the same meaning.

“Entry”: The submission of the co-ordinates of the photograph displayed on the Website identifying the position from which the Player believes the ball has been erased and subsequent confirmation by the Company of such co-ordinates.

“Judge” An independent Sporting Judge appointed by the Company to provide the co-ordinates of the missing ball from the photograph on the Website. The Judge’s chosen co-ordinates will be final and no correspondence will be entered into surround the validity of those co-ordinates.

“Website” www.fastnfurious.co.uk or such other website as the Company may from time to time decide.

“Winner”: The Player who identifies the exact co-ordinates selected by the Judge or in the event that no Player identifies an exact match, the Player who selects the co-ordinates closest to the co-ordinates selected by the Judge.

“Closing Date”: The earliest of when the total limited number of entries is sold or 3 months, being 31st May 2010 at 23.59pm GMT

General:

1. By entering this Competition Players will be deemed to have read, understood and accepted these Terms and Conditions and agree to be bound by them.

2. All Players are solely and completely responsible for providing the Company with accurate and current contact details and the Company will not be liable for any failure to contact a Winner as a result of the Player providing inaccurate contact details. Entries made by the Players will only be valid if made via the Website and are completed in full and correctly.

3. The competition is open for entry to all persons aged 18 and over excluding the Company’s employees or members of their immediate family, professional advisers, agents or any other person connected with the creation or administration of the Competition.

4. The Competition is governed by English Law. Players must ensure that, by entering the Competition, they do not contravene any laws of their country of residence. By accepting these Terms and Conditions the Player is confirming that they are not. The Company will not be liable in any way if a Player enters the Competition unlawfully. If a Player is in any doubt as to the legality of participating in the Competition that Player should immediately leave the Website and check with the relevant authorities in their country.

5. By entering the Competition, each Player recognises that the Competition and its administration are governed by English Law and that the English Courts shall have exclusive jurisdiction in the event of any dispute arising out of the Competition or its administration.

6. The price of entering the Competition is £15.00 (GBP) per Entry payable via Bank of Scotland Merchant Services. By entering the Competition, all Players acknowledge that their payment of £15.00 (GBP) per Entry does not guarantee in any way that they will win the Prize.

7. Once payment has cleared the Player will receive a confirmation email of their Entry and a receipt. The transaction number on the receipt and email containing the Entry details will be confirmation that the Entry into the Competition has been accepted as valid.

8. The Winner will be notified via the contact details provided in the Entry within 14 days of the Closing Date.

9. In entering the Competition, the Players recognise that the Competition is a prize competition for the purposes of Section 14 (5) of the Gambling Act 2005 and a degree of skill and judgment is required of the Players and the Prize is not allocated wholly by chance.

10. There is no limit to the number of Entries that a Player can submit.

11. The Company reserves the right to amend these Terms and Conditions at any time and for any reason without prior notice to the Players. Any amendments made to these Terms and Conditions shall be posted on the Website.

12. The Company reserve the right to disqualify any Player (entirely at its own discretion) if there are reasonable grounds to believe the Player has acted in breach of any of these Terms and Conditions. In the event that a Player is disqualified all Entries made by that Player shall be held to be invalid.

The Prize:

13. The Company reserves the right to add or remove a Prize from the Competition at any point during the course of the Competition. Some of the cars available as Prizes are preregistered and some are unregistered. Prizes may be selected by the winner in left hand drive, if preferred.

14. Ownership of the Prize will be transferred by the Company to the Winner of the Competition free from all finance charges.

15. The Prize will be dispatched to the Winner within 60 days of the Closing Date (or such other date as may be agreed between the Company and the Winner).

16. In the European Union and the UK the Prize will be delivered with UK VAT and registration costs paid but any other taxes/import duties levied on the Prize and any additional expenses not specified in these Terms and Conditions will be the responsibility of the Prize Winner. In all other countries the Prize will be shipped to the nearest port and all applicable import duties/taxes/registration and other incidental costs due in the destination country will be the responsibility of the Prize Winner. Alternatively the Prize may be ordered in the country destination country. The Company reserves the right to refuse delivery to countries outside of the European Union in its absolute discretion.

17. To cover the cost of, but not limited to, fuel, insurance and servicing during the first year of car ownership the Company agrees to pay to the Winner a maximum of £5,000 on delivery of the car.

18. A cash alternative of £100,000 can be taken by the Winner should they not wish to claim a pre-selected car. Please note that the additional £5,000 offered towards fuel, insurance and servicing costs is not included should the Winner opt for the cash alternative.

The Competition:

19. To submit an Entry, the Player should follow the on-screen instructions and using all the information provided on the football match photograph displayed on the Website (which the original ball has been permanently removed), use their skill and judgement to correctly identify the co-ordinates which they consider the Judge will decide is the most likely position of the centre of the ball. Click on the screen to mark this spot (the spot’s co-ordinates will now be shown on the screen). The Website will then register these co-ordinates as the Player’s Entry into the Competition.

20. To complete the Entry the Player must then purchase a ticket. To do this the Player should follow the on-screen instructions and submit all contact details (including a telephone number and postal and valid e-mail addresses) together with payment details. When the Player’s debit/credit card payment is cleared the Company will then send an email confirmation of their Entry into the Competition. Please note that Entry to the Competition will only be confirmed on approval of the payment through Bank of Scotland Merchant Services or any other payment provider offered on the site. Problems with payment are not the responsibility of the Company and failure of the Player’s credit or debit card company or Bank of Scotland/Sagepay to process the payment will prevent the Player’s Entry being added into the Competition. The Player will still be permitted to purchase additional tickets subject to confirmation of payment being accepted.

Gift vouchers:

21. To pay using a gift voucher, the Player must follow the respective playing instructions outlined above. At the payment stage the Player will be prompted for a voucher code. Enter the voucher code that is supplied. No refunds will be provided by the Company for any tickets purchased for less than the voucher value. If the Player wishes to purchase a ticket that has a greater value than that of the voucher, it is possible to pay for the remainder on their credit/debit card. Please note again if vouchers are used as payment, the Player will not be deemed entered into the Competition until the voucher code is authorised and the email confirmation of Entry is received.

Closing the Competition:

22. The process to determine the Winner will begin the day after the Closing Date and a final decision will be made within 14 days of that date.

23. When the Closing Date is reached the Competition will close. However, the Company reserves the right to extend the Closing Date by up to 1 month in its absolute discretion and any extension shall be posted on the Website as soon as practicable.

24. For whatever reason should the number of Entries not reach their limited number by the Closing Date, the Competition (Subject to Clause 23) will close. The Prize will then become a financial reward relative to the total number of tickets sold.

25. The Winner will be the Player who correctly identifies, or is closest to, the co-ordinates which the Judge has selected the centre of the ball to be located. The Judge will determine the centre of the ball’s position, using his football experience in the presence of an independent competition auditor from an accounting firm and a representative from the Company. The Judge's winning co-ordinates will then be calculated against the database of Players’ co-ordinates to mathematically calculate which of the Players has correctly identified or is closest to the Judge’s chosen co-ordinates, and therefore is the Winner. In the event of a tie the joint Winners will equally share the cash alternative.

26. The Company will be in no way liable for any failure or inability to make contact with any Player due to any errors, omissions or inaccuracies in the contact details provided by the Players or for any other act or omission which prevents a Player from submitting a valid Entry as a result of circumstances beyond the Company’s control.

27. If the Winner cannot be contacted and the Prize is not claimed within the claim period, being 60 days after notification of their status as the Winner by e-mail, telephone and mail to the contact details submitted in their Entry, any such prize will be forfeited. If this is the case the Winner will then become the Player with the next closest coordinates.

28. All Players acknowledge that their payment is deemed spent once they have submitted their Entry on the Website. All Entries to the Competition are final and no refunds shall be made at any time or for any reason.

29. The Company’s decision is final and no correspondence will be entered into regarding the Judge’s chosen co-ordinates or the result of the Competition.

30. Prior to any Prize being paid or delivered the Winner will be required to send a copy of their passport or driving licence to the Company to prove their identity, age and that their Entry was made using a valid debit/credit card belonging to the Player or written evidence that they had the express authorisation of the card holder to use it. The Winner must also provide a copy of their receipt and transaction number.

31. The Winner is required to provide confirmation in writing to the Company of the Prize being claimed. Photographs of the Winner must be submitted for use in future marketing by the Company. Following receipt and verification of the Winner’s details by the Company, the Winner will be contacted in order to make arrangements for delivery of the Prize.

32. All Players agree that section 19(1) of the Consumer Protection (Distance Selling) Regulations 2000 will not apply to this Competition.

Other Issues:

33. All Entry payments received will be maintained in a separate bank account by the Company until the Winner has been determined.

34. By accepting the Prize the Winner agrees to allow the Company the right to display his or her name, age, personal photograph and place of residence in accordance with the privacy policy set out at clause [40]. This information will be used for promotional purposes of announcing the Winner, both immediately after their win and in the future, unless prohibited by law. The Winner also agrees to any media coverage arranged by and on behalf of the Company.

35. Players authorise the Company to collate their personal details on the Company’s database and to use the information in accordance with the provisions of the Data Protection Act 1998 and subject to the terms of the privacy policy set out at clause [40].

36. The Company reserves the right to cancel the Competition at any time either before or after tickets have been sold, for any reason. If the Competition is cancelled prior to the Closing Date, the Company reserves the right to transfer the Entries received so far into another competition of the same or greater entry price than the original price paid.

37. The Company makes no representations or warranties as to the quality/suitability of any of the goods offered as Prizes. Save for death or personal injury caused by the negligence of the Company the Company 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 Company, or its employees or agents in developing, planning, promoting and/or administrating the Competition or in connection with any other competition offered by the Company.

38. (A) The Company 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 Player (and in particular the Winner) to satisfy him/herself as to the accuracy of any such details and/or any content of the Website.

(B) The Company does not accept responsibility for incomplete Entries due to failed, partial or garbled computer transmissions, for any computer, server, 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. The Company will not be liable for any loss suffered by a Player as a result of incomplete Entries or for any loss suffered as a result of use of the Website.

39. An Entry shall be declared void if the Player engages in any fraudulent, dishonest or unauthorised behaviour in entering the Competition or in otherwise using the Website.

40. Privacy Policy - The Company may use personal data (as defined by the Data Protection Act 1998) supplied by the Player or which the Player authorises the Company to obtain from third parties to administer the Website, conduct the Competition in accordance with these Terms and Conditions and, on the consent of the Players to contact the Players regarding future competitions or other goods and services which the Company considers may be of interest.

41. All Players should retain a copy of these Terms and Conditions for their future reference.