Nissan Motor GB Ltd and BBC Magazines Limited Joint Promotion
Terms and Conditions
1. The promoters are (1) Nissan Motor GB Limited of The Rivers Office Park, Denham Way, Maple Cross, Rickmansworth, Hertfordshire WD3 9YS; and (2) BBC Magazines Limited of The Media Centre, 201 Wood Lane, London, W12 7TQ, which publishes Top Gear magazine (the “Promoters”).
Participants
Participants
2. This promotion is only open to UK residents aged 21 or over with a valid full UK driving license, excluding employees of the Promoters and their group companies, and any agencies, advisors, franchisees, suppliers of the Promoters and any persons assisting in the Promotion. Included within this exclusion are any syndicate or collection of persons acting in concert; any person entering via an agent; any person using the services of an entity carrying on the business of entering prize promotions; or any such entity itself.
3. Incomplete or illegible entries, bulk entries and entries from third parties will be deemed invalid.
4. Participants must have a valid email address and entries must be filled out at www.topgear.com/traitors (the “Website”) Chance to Win
5. The Promoters are not liable for any failure to give a valid email address or submit a valid entry on time, or for any failure or delay in communication networks or servers in sending or receiving emails or any technical failure of the Website or third party ISPS to grant access or any other reason whatsoever. No postal entries will be accepted. Only one entry per person.
Chance to Win
6. There is one Prize Draw (Prize Draw A1) and 4 Judged Competitions (B1, B2, B3 and B4).
7. To enter the Prize Draw A1, entrants must answer the multi-choice question and fill in their details on the Website before noon on 31st May 2010.
8. To enter the 4 Judged Competitions (B1, B2, B3 and B4), entrants must fill in the required information and details on the website www.topgear.com/traitors before noon on the following days, B1 19th April, B2 19th June, B3 5th July and B4 9th August 2010.
Prizes
9. The prizes are as stated and they cannot be sold or exchanged for cash, goods or services except that in the event of unforeseen circumstances beyond their control, the Promoters, their agents or distributors reserve the right to withdraw the stated prizes, substitute similar alternatives of equal or greater value or to change any aspects of the prizes without prior notification. Unless specifically agreed in writing by the Promoters, the prize must be taken by the winner in person.
10. The 20 winners of Prize Draw A1 will be randomly selected from the eligible entries on 1st June 2010. The draw will be observed by an independent observer. Each winner will receive one place to a driving day at Dunsfold Park test track facility on the 15th June 2010 (the “Track Day”). Health & Safety and other restrictions will apply to any person participating in the Track Day. See below for further details.
11. The 4 winners of the Judged Competitions B1, B2, B3 and B4 will each receive a loan of a Nissan 370Z for the period of two consecutive weeks, subject to the terms of a Nissan Vehicle Loan Agreement. Each winner will be responsible for submitting a minimum of 100 words per week for the duration of the loan period. This content is to be published on the Website and may appear in a series of advertorials in BBC Top Gear Magazine. Each winner will also be required to take part in one or more driving challenges as set by the Promoters as part of this competition in their absolute discretion. Each winner will receive a fuel allowance of £200 per loan period. Health & Safety and other restrictions will apply to any person participating in the Nissan 370Z test drive loan. See points below for further details.
12. All words and images submitted are hereby assigned to and become the property of the Nissan Motor (GB) Limited and Nissan Motor (GB) Limited shall have the exclusive irrevocable worldwide right to use the words and images for any purposes whatsoever without limitation of time and the prize winners hereby waive all rights they may have in such words and images to the maximum extent permissible by law. All words and images provided by the prize winners must not be offensive, discriminatory, derogatory, defamatory or otherwise unlawful or in breach of any third party rights and may be edited and/or altered for distribution.
13. Winners will be responsible for their travel costs both to and from the driving event locations/challenges and all costs and expenses not expressly set out within the prize descriptions above.
14. The Judge(s)’ decision of the Judged Competitions B1, B2, B3 and B4 shall be final and binding in their absolute discretion and no correspondence shall be entered into.
15. All participants and winners agree not to discredit, denigrate or bring into disrepute the Promoters, their products or services and confirm that they have no reason to believe that their participation in this Promotion will have such an effect.
Prize conditions
16. BBC Top Gear magazine will notify the winners of the Prize Draw and Judged Competitions by email within 3 working days of the Prize Draw or Judged Competition. If the Prize is declined or unclaimed by a winner, or if a winner cannot be contacted from the details supplied within 3 working days of notification or if a winner does not confirm their participation within 3 working days of the notification, a replacement winner may be drawn at the Promoters discretion and will be notified by the Promoters. The original entry that was drawn will then be forfeited.
17. Winners agree at all times to comply with all applicable health and safety legislation and the directions of the Promoters and their agents. Each winner must have a valid full UK driving licence and may be asked to provide it along with proof that they are over 21 years of age before taking part in the Track Day or taking delivery of a loan Nissan 370Z.
18. No alcohol and/or drugs can be consumed prior to or during the driving challenges/Track Day or at any time while in possession of a loan Nissan 370Z and the Promoters reserve the right to refuse entry to the driving challenges/Track Day or demand the immediate return of a loan Nissan 370Z to any person suspected of having consumed or being under the influence of alcohol and/or drugs.
19. Entrants should be aware that the nature of the driving challenges/Track Day means some personal risk will be involved. Please note some medical conditions preclude certain drivers from taking part in the driving challenges/Track Day. Winners must notify the Promoters in advance of any medical conditions or any other reasons of which they are aware which may impact on their ability to drive safely or which would otherwise render their participation in the Track Day/driving challenges inadvisable, unsafe or in breach of these Terms & Conditions.
20. Prior to the commencement of the driving challenges/Track Day or Nissan 370Z loan, each winner must sign a disclaimer of liability as provided to them by the Promoters. Until and unless the winner has signed this disclaimer, they will not be permitted to participate in the driving challenges/Track Day or take possession of the loan Nissan 370Z. Winners will be required to sign waivers to acknowledge the inherent risk in the driving activities and to agree that the Promoters exclude all liability for any injury arising from the Track Day/driving challenges and Nissan 370Z loan to the maximum extent permissible by law.
21. Ben Collins Auto-sport has third party and public liability insurance cover for all of its operation. All winners are recommended to take out Personal Accident insurance prior to participation in the Track Day/driving challenges or Nissan 370Z loan available from the Promoters.
22. Reasonable care will be taken to ensure the safety of the winners but other than for death or personal injury arising from the negligence of the Promoters, so far as is permitted by law, the Promoters exclude all liability for any loss, damage, costs and expenses, whether direct or indirect, howsoever caused arising out of or in connection with this Promotion.
Promoters’ rights
23. In the event of unforeseen circumstances beyond their control, the Promoter’s their agents or distributors reserve the right to provide alternative similar prizes of equal or greater value or to change any aspects of the prizes without prior notification.
24. The Promoters reserve the right to use the voice, image, photograph, name and likeness of the winner(s) for publicity and in advertising, marketing or promotional material without additional compensation or prior notice to the winner. In entering the promotion, all entrants consent to the same.
General
25. The promoters may: (i) extend any time limit within these Terms & Conditions; or (ii) waive any of these Terms and Conditions where a person might otherwise be disqualified (without obliging the Promoter to relax these Terms and Conditions in any other case whatsoever).
General
26. The Promoters reserves the right to alter, amend or withdraw the promotion or any part of it without prior notice or compensation due to circumstances beyond their control. The Promoter's decision shall be final and binding and no correspondence will be entered into.
27. If the Promoters have reasonable grounds for believing that a participant has contravened any of these terms and conditions, the Promoters reserve the right to select an alternative participant at random from the remaining correct and eligible entries.
28. This competition is not available in conjunction with any other offer.
29. The first name and counties of winners will be made available on the Website.
30. All personal data submitted as part of the promotion will be stored and processed on behalf of the Promoters as data controllers in accordance with applicable data protection laws and the winners hereby consent to such processing.
31. By entering this Promotion, all participants will be deemed to have read, understood and agreed to these terms and conditions and any other requirements set out in the accompanying promotional material.
32. This Promotion and any dispute or claim arising out of or in connection with it shall be governed by or construed in accordance with English law. Participants irrevocably agree that the courts of England & Wales should have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with it.