Summer Series, Customer Suggestions Competition terms and conditions
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1. The Promoter
The promoter is XC Trains Limited whose correspondence address is 5th Floor, Cannon House, 18 Priory Queensway, Birmingham B4 6BS (the “Promoter”).
2. The competition
2.1 The title of the competition is “Summer Series, Customer Suggestions Competition”.
3. How to enter
3.1 The competition will run from 3:30pm on 8th May 2019 (the "Opening Date") to 11.59pm on 24th May2019 (the "Closing Date") inclusive.
3.2 To qualify for entry into the competition individuals must have received an email from the Promoter on the 8th May 2019 entitled ‘Summer Series, Customer Suggestions Competition’ (the “Email”).
3.3 To enter the competition individuals need to specify in no more than 200 words where they would recommend is the best place to visit that can be directly travelled to via the Promoter’s rail network and why they would recommend this place as being the best place to visit.
3.4 To submit their entry, individuals will need to click the ‘enter now’ button within the Email, follow the link through to the competition landing page and upload their entry.
3.5 All competition entries must be received by the Promoter by no later than 11.59pm on the Closing Date. All competition entries received after the Closing Date are automatically disqualified.
3.6 No purchase is necessary to enter this competition and there is no charge to register for use of the website
3.7 The Promoter will not accept:
(a) responsibility for competition entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or
(b) proof of posting or transmission as proof of receipt of entry to the competition.
3.8 By submitting a competition entry, you are agreeing to be bound by these terms and conditions.
3.9 The competition entries will be judged by a panel of two judges based on the most inspirational entry. The decision of the panel of judges (acting reasonably) will be final.
3.10 The Promoter will send the full names of the judges to anyone who writes within one month after the Closing Date of the competition requesting details of the judges and who encloses a self-addressed envelope to the address set out in clause 1 above.
4.1 The competition is only open to all residents in the UK aged 18 years or over in receipt of the Email, except:
(a) employees of the Promoter or its holding or subsidiary companies;
(b) employees of agents or suppliers of the Promoter or its holding or subsidiary companies, who are professionally connected with the competition or its administration; or
(c) members of the immediate families or households of (a) and (b) above.
4.2 In entering the competition, you confirm that you are eligible to do so and eligible to claim the prize. The Promoter may require you to provide proof that you are eligible to enter the competition.
4.3 The Promoter will not accept competition entries that are:
(a) automatically generated by computer;
(b) completed by third parties or in bulk;
(c) illegible, have been altered, reconstructed, forged or tampered with;
(d) photocopies and not originals; or
4.4 There is a limit of one entry to the competition per person. Entries on behalf of another person will not be accepted and joint submissions are not allowed.
4.5 The Promoter reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize competition.
4.6 Competition entries cannot be returned.
5. The prize
5.1 There is one winner of the competition who will receive;
(a) Two adult off peak first class return train tickets for travel anywhere on the Promoter’s rail network (https://www.crosscountrytrains.co.uk/stations-destinations/route-map).
5.2 Dates and time for rail travel are subject to availability and the winner must give the Promoter at least 10 working days’ notice prior to the intended date of travel. Travel must be completed within twelve (12) months of the winner being notified of their win and is subject to the National Rail Conditions of Travel (http://www.nationalrail.co.uk/times_fares/46427.aspx).
5.3 The winner will be responsible for ensuring that they and any person travelling with them are available to travel on their chosen dates.
5.4 The train tickets will be sent to the winner by First Class post not less than three (3) working days before their selected travel date, provided that the winner has given the Promoter the required notice in accordance with clause 5.4 above.
5.5 Any costs incidental to the fulfilment of the prize (other than the delivery of such) are the responsibility of the winner.
5.6 The Promoter reserves the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond the Promoter's control makes it necessary to do so.
5.7 The prize is not negotiable or transferable and no cash alternative is offered.
6.1 The decision of the judges is final and no correspondence or discussion will be entered into.
6.2 The Promoter will contact the winner personally as soon as possible after the 7th of June 2019 (the “Announcement Date”) using the email address provided with the competition entry.
6.3 The Promoter must either publish or make available information that indicates that a valid award took place. To comply with this obligation the Promoter will send the surname and county of major prize winners and, if applicable copies of their winning entry to anyone who writes to the address set out at clause 1 (enclosing a self-addressed envelope) within one month of the Announcement Date.
6.4 If you object to any or all of your surname, county and winning entry being published or made available, please contact the Promoter at the address set out at clause 1. In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority on request.
7. Claiming the prize
7.1 The promoter will contact the winner of the prize on the Announcement Date via email, and the winner will have fourteen of days from the Announcement Date to claim the prize by responding to the Promoter’s email and providing their postal address.
7.2 The Promoter will make all reasonable efforts to contact the winner. If the winner cannot be contacted or is not available, or has not claimed their prize within the timescale set out at clause 7.1, the Promoter reserves the right to select another winner in accordance with the criteria set out at clause 3.9 from all the entries that were received before the Closing Date.
7.3 The Promoter does not accept any responsibility if the winner is not able to take up the prize.
8. Limitation of liability
Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.
9. Ownership of competition entries and intellectual property rights
9.1 All competition entries and any accompanying material submitted to the Promoter will become the property of the Promoter on receipt and will not be returned.
9.2 By submitting your competition entry and any accompanying material, you agree to:
(a) assign to the Promoter all your intellectual property rights with full title guarantee; and
(b) waive all moral rights,
in and to your competition entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
9.3 You agree that the Promoter may, but is not required to, make your entry available on its website https://www.crosscountrytrains.co.uk/ and any other media, whether now known or invented in the future, and in connection with any publicity of the competition. You agree to grant the Promoter a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the competition entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the competition entry and any accompanying materials for such purposes. Please refer to clause 6.4 if you object to your winning entry being made available.
10. Data protection and publicity
10.1 Personal data provided by you in entering this competition will be processed by the Promoter for the purpose of administering this competition. Entry into this competition will be deemed as your consent to this processing. If you do not wish your personal data to be processed in this way, please do not enter this competition. Please also see clause 6.3 and 6.4 with regards to the announcement of winners.
10.2 Personal data supplied during the course of this competition may be passed on to third party suppliers, including the Agency only insofar as is required for the fulfilment /delivery/arrangement of the prizes. If you do not wish your personal data to be processed in this way, please do not enter this competition.
11.1 If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the competition.
11.2 The Promoter reserves the right to hold void, suspend, cancel, or amend the prize competition where it becomes necessary to do so.
11.3 These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.