2013 Grand Prix Predictor Terms and Conditions
In these General Terms unless otherwise stated:
"Website" means the Grand Prix Predictor website, www.gppredictor.com
"Game" means Grand Prix Predictor;
"Castrol" means Castrol Limited, registered office address, Wakefield House, Pipers Way, Swindon, Wilts, SN3 1RE, U.K;
"Castrol Affiliate" means Castrol's Parent Undertaking, its Subsidiary Undertaking or a subsidiary of its Parent Undertaking or any other person controlled by or under the same control either directly or indirectly. "Parent Undertaking" and "Subsidiary Undertaking" will have the meanings attributed to them in section 1162 of the Companies Act 2006;
"Ultimate Prize" means, if the eligible Ultimate Prize winner is a UK resident, a trip for the winner and one companion (who must be aged 18 years or over) to the 2014 Monaco Grand Prix, including hotel and travel (maximum spend £4000). If the eligible Ultimate Prize winner is an Australian resident, the Ultimate Prize will be as stated in the Additional Terms for Australia. If the eligible Ultimate Prize winner is located outside of the UK or Australia, then the Ultimate Prize is a trip to the 2014 grand prix closest to the winner's location of residence (maximum spend £4000). Details relating to the trip will be supplied to the winner in full by the Promoter. Please also see the Essential Terms and Conditions for the Ultimate Prize on the Website;
"Bonus Prizes" means prizes shown on the Website that can be awarded during the official 2013 FIA Formula 1 World Championship season (the "2013 FORMULA 1 Season") and as detailed in the Essential Terms and Conditions relating to Bonus Prizes on the Website;
"Prizes" means the Ultimate Prize, Bonus Prizes and Prize Draw
"Competition(s)" means competitions on the Website to win Prizes;
"Promoter" means the promoter and provider of the Competition(s) on Castrol's behalf namely Haymarket Consumer Media Group, Haymarket Consumer Media Group, Teddington, Middlesex, TW11 9BE. For the purpose of the promotion being conducted in Australia only, the Promoter is BP Australia Pty Ltd (ABN 53 004 085 616) trading as Castrol Lubricants having its principal office at Level 17, 717 Bourke Street, Docklands VIC 3008, Phone: 03 9268 4200;
"Essential Terms and Conditions" means key and specific terms and conditions relating to the Prizes and Competition(s) shown on the Website;
"General Terms" means these terms and conditions;
- the 'How to Play' section of the Website;
- these General Terms;
- the Essential Terms and Conditions – Ultimate Prize;
- the Essential Terms and Conditions – Bonus Prizes; and
- each of the Additional Terms on the tabs on the Website relevant to the country where entrants are a citizen and/or reside and/or happen to be at the time they make their entry;
- FOR FURTHER COMPETITION AND PRIZES TERMS AND CONDITIONS, PLEASE REFER TO THE SPECIFIC TERMS AND CONDITIONS SET OUT ON THE TAB RELATING TO THE COUNTRY WHERE AN ENTRANT IS A CITIZEN AND/OR RESIDES AND/OR HAPPENS TO BE AT THE TIME THEY MAKE THEIR ENTRY. FOR FURTHER DETAILS ON HOW TO PLAY THE GAME, PLEASE REFER TO THE HOW TO PLAY SECTION OF THE WEBSITE.
- Residents of the following countries are not eligible to play the Game or enter any Competition(s): Belgium, Burma/Myanmar, Cuba, Hong Kong, Iraq, Israel, Portugal, Somalia, South Korea, Sudan, Syria, Zimbabwe.
- Initially, Competitions are only open to residents of the United Kingdom ("UK") (excluding Northern Ireland and the Republic of Ireland), South Africa, United States of America ("USA"), Netherlands, Luxembourg and Australian residents and subject to the terms specified, eligible entrants from the UK, South Africa, USA, Netherlands, Luxembourg and Australia could qualify for the Prizes. However, at a later stage throughout the official 2013 FORMULA 1 Season, entries in the Competition(s) from other eligible entrants may be accepted and subject to the terms specified will also qualify for the Prizes as specified in Point 3.
- All entrants eligible to enter the Competition(s) must be at least 18 years or over. Some Competition(s) may require entrants to be of a higher age - please see the Essential Terms and Conditions for specific details of ages required for the Competition(s). The Promoter reserves the right to take steps to verify the age of entrants.
- There is no obligation on entrants to play the Game or take part in the Competition(s). However, should they do so, subject to their compliance with the Terms, they could qualify for entry into Competition(s) to win Prizes. All eligible entries from the UK and eligible countries (when they become eligible) will be considered for the Prizes up until the close of the official 2013 FORMULA 1 Season (the official 2013 FORMULA 1 Season being determined by the FIA). Please see the Website and the Essential Terms and Conditions of each of the Prizes for details of the Competition(s) and how to win Prizes.
- Each entrant must ensure that his or her participation in any Competition(s) (including the acceptance of any prize awarded) is lawful in accordance with the laws of England and of the country of which he or she is a citizen and/or resides, and/or happens to be at the time the entry is made. Neither Castrol nor any Castrol Affiliate shall be taken to make any representations, express or implied, as to the lawfulness of any individual's participation, or as to any other aspect of any Competition(s).
- No purchase of any sort is necessary and there is no charge for playing the Game and/or entering any Competition(s). The sole consideration required from entrants is that they agree to be legally bound by the Terms. By playing the Game, entrants agree to be legally bound by the Terms.
- Neither Castrol nor any Castrol Affiliate has any control over communications networks and shall not be responsible for entries lost in transmission, or received late due to high online traffic levels, for technical malfunction or otherwise. Nor shall they be liable for incorrectly submitted, delayed, corrupted or misdirected entries, claims or correspondence due to error, omission, tampering, deletion, theft, communications failure or otherwise. Neither the Promoter nor Castrol nor any Castrol Affiliate is liable for any consequences of user error including (without limitation) costs incurred. Entrants who enter using multiple email addresses or aliases may be disqualified.
- Neither Castrol nor any Castrol Affiliate shall be liable (including in negligence) for any loss or damage whatsoever which is suffered by any person as result of, or in connection with, or arising from the Competition(s), the Prizes, nor the Terms and/or the use of the same except for any liability which cannot be excluded by law.
- Neither Castrol nor any Castrol Affiliate shall be responsible for any mistakes in calculating the points in determining the winner(s) of Prizes.
- Neither Castrol nor any Castrol Affiliate, nor their directors, or employees shall be liable to entrants for any of the following types of loss which entrants may suffer as a result of their entry to the Competition(s):
- any consequential, indirect or special losses and/or any loss of revenue, profits or anticipated savings suffered by an entrant as a result of Castrol's or a Castrol Affiliate's negligence or breach of the Terms or any of them;
- any injury or damage to an entrant's or any other person's computer related to or resulting from participation or downloading any materials in relation to the Competition(s);
- any losses caused by a technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any email, traffic congestion on the internet or any combination thereof;
- any loss which an entrant may suffer as a result of or in connection with or arising out of any Prizes;
- any loss arising out of any electronic messages not being received;
- any loss arising out of the entrant not being eligible to enter;
- any tax which an entrant may be required to pay under the laws of any relevant jurisdiction on any Prizes awarded.
- Employees and their families of the Promoter or any of their affiliates or employees and the families of Castrol and Castrol Affiliates are not eligible to win Prizes but can take part in the Game.
- The winner(s) of the Prizes will be required to hold a current, valid passport, and obtain their own spending money and visas and cover any additional excursions, meals, use of any facilities requiring the payment of any fee or other expenses incurred, including but not limited to travel insurance (if applicable). Any expenses incurred by the winner(s) in relation to goods or services not included with the Prizes will be payable by the winner(s) on the terms and conditions of the provider of the goods or services.
- With regard to the Prizes, where the Prizes include travel, flights and accommodation, the travel, flights and accommodation will be subject to booking and availability.
- The Ultimate Prize winner will be notified immediately after the end of the Competition by telephone and email and any Bonus Prize winners will be notified in writing (by email) immediately after determination that they are a winner. If the Ultimate Prize winner or a Bonus Prize winner resides in Australia they will be notified in accordance with point (y) of the Additional Terms and Conditions for Australia. Please see the Essential Terms and Conditions of the Prizes for details of the closing date for the Competition(s).
- Details of the leading prediction for the Competition(s) can be seen on the Website following each race and the winning prediction at the close of the official 2013 FORMULA 1 Season, the close of the official 2013 FORMULA 1 Season being determined by the FIA.
- The winner(s) of the Prizes will be bound by the terms imposed by any third parties providing services as part of the Prizes. Neither the Promoter nor Castrol nor any Castrol Affiliate can accept liability for the acts, omissions or negligence of third parties.
- The decision of the Promoter and, where relevant, Castrol and any Castrol Affiliate, is final and binding and no correspondence will be entered into.
- The Prizes are subject to change and the Promoter may substitute the Prize and/or Prizes with others of a similar nature and equal or higher value as determined by the Promoter (subject to the approval of the relevant Australian gaming authorities, where required, in the case of a prize awarded to an Australian winner).
- Entrants acknowledge that there may be inherent risks in some of the aspects of the Prizes and taking the Prizes may involve participating in dangerous activities. By entering the Competitions and accepting any Prize, entrants accept that risk.
- In order to participate in any activities awarded as part of a Prize, the winner and their companion must be aged 18 or over and comply with applicable height, weight, health, fitness and any other requirements normally associated with a particular activity. It is the winner's responsibility to ensure that they and their companion are sufficiently healthy and fit so as to safely take the trip and/or undertake the activities awarded as part of a Prize. The Promoter reserves the right to deem that the winner or their companion is not sufficiently healthy and fit. The winner must comply with all requirements and directions of the people responsible for the conduct of the relevant activity and must ensure that their companion also complies.
- The Prizes cannot be redeemed for cash. The Prizes cannot be transferred, deferred or exchanged and must be taken (or rejected) by the winner(s) as awarded. With the exception of Australian prize winners (in which case, point (Z) of the Additional Terms and Conditions for Australia will prevail) if the Bonus Prizes and/or Ultimate Prize are declined or the selected winner(s) cannot be contacted within 14 days after the closing date for the Competition(s) by phone or email using the details provided when the entrant registered to play the Game, the Bonus Prizes and/or the Ultimate Prize (whichever is applicable to the winner), will be forfeited and the Promoter reserves the right to select the entrant with the next most points who will be notified by the Promoter in the same manner as the winner. Neither the Promoter, nor Castrol or any Castrol Affiliate shall have any liability to a winner in the event that the winner is unable to take up the Prizes or any one of them.
- Neither the Promoter nor Castrol nor any Castrol Affiliate will be liable if the Prize and/or Prizes do not reach the relevant winner/and or winners for reasons beyond the control of the Promoter or if the Prize and/or Prizes are damaged or destroyed during delivery.
- Prize winner(s) (and, if any, travel companions) may be required as a condition of winning and redeeming a Prize, to submit a liability release and/or publicity release and/or applicable forms required by the Promoter, Castrol and/or any other entity or authority. Failure to do so may result in the disqualification and forfeiture of the stated prize(s). By entering the Competition(s), entrants agree to take part in any associated publicity relating to the Prizes without further consent or payment when required.
- If any Formula 1 race scheduled for the 2013 Formula 1 Season is abandoned, called off or postponed for any reason, the entrant's predictions for that race will be void and the Promoter will not be responsible.
- Spammers will be disqualified.
- Any entry will be void if the Promoter deems it incomplete, illegible or if it has been made by an ineligible person or if the entry has not been received by close of the specific Competition(s), as set out in the relevant Essential Terms and Conditions, or the close of the Game predictions at the end of the official 2013 FORMULA 1 Season, the end of the official 2013 FORMULA 1 Season being determined by the FIA.
- Proof of entry is not automatically proof of receipt.
- Castrol EDGE Grand Prix Predictor trade mark, the logo associated with it, all other trademarks, images, logos, copyright, design rights and domain names (collectively "the Intellectual Property Rights") used in the Website are the property of either Castrol, a Castrol Affiliate or the Promoter or their affiliate and each entrant's participation in the Game, and/or the Competition(s) and/or each entrant's use of the Website does not confer any rights to entrants in or over, or grant entrants any right to use the Intellectual Property Rights.
- The Competition(s) are designed to raise an interest in Haymarket Media Group, (publishers of the Castrol EDGE Rankings and gppredictor.com) and Castrol. The Promoter would like to contact entrants (including by SMS or email) from time to time with offers, and product information which the Promoter thinks would be of interest to you. By playing the Game entrants are consenting to their personal information being used for this purpose. However, if you do not wish to receive such information please write to the Data Controller of the Promoter at Haymarket Circulation, Haymarket Media Group, Broom Road, Teddington, Middlesex, TW11 9BE or email email@example.com, stating "Grand Prix Predictor" in the subject line, or by changing your contact preferences by logging into the Castrol Edge Grand Prix Predictor.
If you choose to opt out, Haymarket will ensure that you do not receive marketing communications from Haymarket and you will also no longer be sent reminder emails relating to the Castrol EDGE Grand Prix Predictor. Entrants' personal information will also be used for the purposes of administering the Game, the Competition(s) and contacting the winner(s) of the Prizes.
- In the event that an entrant wishes to complain they should contact the Promoter by the 'contact' link on the Website or by writing to the Promoter at: Haymarket Publishing, Haymarket Media Group, Broom Road, Teddington, Middlesex, TW11 9BE.
- The Promoter may, at its sole discretion and at any time, suspend or disqualify an entrant, reject any application, amend the Terms, or cancel the Competition(s) (either in whole or for residents of a specific country) and/or substitute any Prizes , withdraw any Prizes in the event of circumstances arising beyond the Promoter's reasonable control or which make the Promoter consider it desirable to do so. Entrants agree that no liability shall attach to the Promoter, Castrol or any Castrol Affiliate as a result thereof and that the exercise of such discretion shall not result in any compensation being payable or paid to any entrant or other person, subject to approval of the relevant gaming authorities where required.
- Any tax which an entrant may be required to pay under the laws of any relevant jurisdiction on any prize awarded shall be the responsibility of that entrant.
- If any of the terms and conditions contained in the Terms are determined to be illegal, invalid or otherwise unenforceable, then the remaining terms and conditions shall continue in full force and effect.
- The Terms, the Website and any non-contractual obligations arising out of or in connection with them, shall be governed by and construed in accordance with the laws of England. To the extent permitted in accordance with any applicable statute anywhere in the world, the courts of England shall have exclusive jurisdiction to settle any claim arising out of or in connection with the Terms, the Website or the legal relationships established by them.
- The Promoter may communicate or advertise the Competition(s) using Facebook. However, the Competition(s) are in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants are providing their information to the Promoter and not to Facebook. Each entrant completely releases Facebook from any and all liability.
- Nothing in the Terms shall affect the rights of a consumer nor shall it exclude, restrict or limit Castrol's liability for:
- breach of any implied term by section 12 of the Sale of Goods Act 1979;
- death or personal injury resulting from negligence as defined in the Unfair Contract Terms act 1977; or
- fraud or any other matter if and to the extent that, under English law, such liability cannot be excluded, restricted or limited.
Additional Terms for USA only
These terms are in addition to points 1-37 of the General Terms, as stated in point 1 of the General Terms.
- Players from the USA will only receive information related to the game and will be automatically opted-out of receiving marketing communications from Haymarket Media Group. If entrants wish to opt-in please email firstname.lastname@example.org stating Grand Prix Predictor in the subject line.
Additional Terms for South Africa only
These terms are in addition to points 1-37 of the General Terms, as stated in point 1 of the General Terms.
- Prize winners must decline any of the Prizes if they do not wish to participate in any publicity relating to the Prizes.
Additional Terms for Australia only
These terms are in addition to points 1-37 of the General Terms, each of the Essential Terms and the How to Play section of the Website, as stated in point 1 of the General Terms. Entry into the competition begins at 00:01 (GMT) on 28/02/2013 and closes at 15:55 (GMT) on 23/11/13.
- The competition period for Australian entrants will be the same as for UK entrants, that is, the Competition and Game relates to the 2013 Formula 1 season that commences on 17/03/13 and concludes on 24/11/13.
- Where liability of Castrol or any Castrol Affiliate cannot be excluded under Australian law, that liability is limited to the maximum extent allowable by law.
- The only offers and product information about which the Promoter will contact Australian entrants from time to time will be offers of the Promoter or Castrol and product information about the products of the Promoter or Castrol. Australian entrants can request access to the personal information the Promoter holds about them by contacting the Promoter at BP Australia Pty Ltd (ABN 53 004 085 616) trading as Castrol Lubricants, Level 17, 717 Bourke Street, Docklands VIC 3008. Entrants can request access to the personal information Castrol holds about them by contacting Castrol at Wakefield House, Pipers Way, Swindon, Wilts, SN3 1RE, U.K.
- Where this competition involves, for GST purposes, supplies being made for non-monetary consideration, entrants will follow the Australian Taxation Office's stated view that where the parties are at arm's length, goods and services exchanged are of equal GST inclusive market values.
- Notwithstanding point 6 of each of the Essential Terms and Conditions, the Promoter acknowledges that the relevant Australian gaming authorities may treat this competition as either a game of chance or a game of chance and skill.
- The Ultimate Prize for an Australian winner is a trip for the winner and one companion (who must be aged 18 or over) to attend the 2014 Formula One Grand Prix race in Melbourne, on dates to be specified by the race promoter which consists of return economy airfares (including airfare taxes) for the winner and their companion from the winner's nearest Australian capital city to Melbourne (flights not included for Victorian residents), 2 nights accommodation (twin share) in a minimum three star hotel for the winner and their companion and return transfers between the airport and the hotel and between the hotel and the event. The Ultimate Prize for an Australian winner is valued at up to AUD$6000 (inc GST), depending on the winner's point of departure. Flights and accommodation are subject to booking and availability. All other costs associated with the Ultimate Prize, including but not limited to any additional transfer costs, meals, additional taxes, insurance and other ancillary costs are the responsibility of the winner and his/her companion, as incurred. The winner and their companion must depart and return at the same time. The prize is subject to any additional terms and conditions specified by the prize supplier/s. The winner and their companion are responsible for ensuring that they have all necessary documents to travel to Melbourne, including photo identification.
- The Bonus Prizes for any Australian winners is a 8-inch Samsung Galaxy tablet valued up to AUD$500 (inc GST).
- The total prize pool for Australian entrants is valued at up to AUD$15,500