KMS ‘Competitions’ Terms & Conditions

Definitions:

Promoter – KMS Railtech Ltd (Company No. SC587518) whose registered office is Craigmill, Muir of Fowlis, Alford, Aberdeenshire, Scotland, AB33 8NX.

Website – https://www.kmsrailtech.co.uk 

Prize – The prize for each competition will be specified and will remain at the discretion of the Promoter. No alternative cash amount will be provided (unless expressly noted in the competition description).

Entrant – The person who completes the entry to the competition. Only the Entrant shall be able to claim the prize from the competition.

Entry – A ticket must be selected and fee paid before the entry will be valid. Payment must be made by the method specified. Entry can also be made by the free-entry route specified in clause 16.

Competition – The competition will end once the timer has run out or the maximum number of entries has been reached. Any competition that does not reach 80% of ticket sales will be rolled over to another 28 days of ticket sales (up to 3 times). If the competition has still not met the 80% after the 21 days, an alternative prize will be selected at our discretion with a value not less than 70% of the ticket sales. A full refund will be available to those who do not agree to this. Entrants will have 7 days to request a refund and the 70% value will be based on the number of tickets sold after all refunds are processed.

General Terms and Conditions: 

1. By entering the competition, Entrants are deemed to have read and accepted the terms and conditions.

2. Contact details must be provided to the Promoter by the Entrant as specified on the competition. It is the responsibility of the Entrant to ensure the Promoter has the correct contact details for claiming of any prizes.

3. The Entrant agrees by submitting their contact details these may be held by the Promoter for necessary reasons under the Data Protection Act 2018 and the Promoter may need to disclose these details under any Freedom of Information request or legal/financial reasons of the Promoter.

4. The competition is run by the Promoter and is only open to Entrants over the age of 18 located in Great Britain. Proof of age may be requested when claiming any prize that is won.

5. By entering the competition, the Entrant understands that payment of the entry fee does not guarantee that they will win a prize.

6. The maximum number of entries per person will vary by competition. This value will be displayed in the product description of each prize.

7. Entrants accept responsibility that entering the competition does not contravene any laws in their country of residence. The Promoter does not accept any responsibility for the Entrant entering the competition illegally.

8. The competition administration and activities are governed by law in Great Britain and this is accepted by the Entrant.

9. All entries to the competition become the property of the Promoter and cannot be returned to the Entrant after submission.

10. The Promoter does not guarantee the value of the prize and is not liable for any customer faults at the time of exchange to the winning Entrant.

11. The Promoter reserves the right to refuse or disqualify any Entrant if they are believed to have contravened any of the terms and conditions or acted in an illegal manner. The decision of the Promoter is final.

12. Entrants will be asked to provide their contact details and card payment details. Once the entry is submitted, payment will be taken from the payment card number supplied.

13. Entry to the competition is non-refundable unless the competition is cancelled by the Promoter.

14. The decision of the Promoter is final. No discussion will be entered into regarding winners of prizes or any other decisions made by the Promoter.

15. The Entrant understands and agrees that the requirements to provide the goods within 30 days under the Consumer Protection (Distance Selling) Regulations 2000 shall not apply this competition or prizes.

16. Postal Entry Method: The Competition can be entered by a postal entry route. To enter via this method the Entrant must first create a free account on the Website (if they do not already have one), and then send a postcard stating which competition they would like to enter, and the following personal details: Name, Address, Date of Birth, Contact Telephone Number, and the email address used to create the free account on the Website. A ticket will be allocated per postcard and emailed over confirmation of their ticket number. All competitions will have enough tickets reserved for at least 4 days to provide enough time for the postal entries to reach us. Entrants will have an equal chance of winning using the postal entry method as those that have paid to enter. Only one entry per person. Each postcard must have a first class stamp or special express delivery. Requests for postal entries where the email address provided is not already associated with a free account on the Website will not be processed and will be discarded without notification. Requests for postal entries where the competition has already sold out will not be processed. Postal entries must be received at the Promoter’s address by 4pm the day before the draw date, as advertised on the applicable competition page and Facebook channel, in order for a free entry to be allocated. If a competition is sold out sooner, but after the initial 4-day postal period has passed, we may decide to draw the competition earlier, which everyone will be notified of by following our Facebook page (https://www.facebook.com/kmsrailtech/). Any postal entries received after the competition has drawn a winner will be invalid. Free entries can only be allocated to active accounts. Entry to one competition per postcard. Any postcards with entry to more than one competition will be discarded without notice. All entries must be sent using a postage service. Any entries received without a postal stamp will be invalid. Please do not hand deliver postal entries to the business address. Any entry sent to the registered office of the Company will not be valid as all entries must be sent to the address below. For the avoidance of any doubt, any entries posted or hand delivered to the business address of the Promoter will be invalid. Entries should be sent to the following address:
    KMS Competitions
    Unit 6 Donside Industrial Park
    Donside Road
    Alford
    Aberdeenshire
    AB33 8WD

17. The Promoter will contact the winning Entrant after the end of the competition using the contact details provided by the Entrant, or by social media message from the Promoter’s official social media accounts (if the Entrant has previously messaged the Promoter via any of these platforms). The Promoter will attempt to contact the winning Entrant on at least three separate occasions via at least two different contact methods, to notify them of their win. If the winning Entrant cannot be contacted within 14 days from the end of the competition, then the Promoter has the right to select an alternative winner from the prize draw. It is the responsibility of the Entrant to ensure the contact details are correct. The original winner cannot claim the prize once an alternative winner has been selected and the decision of the Promoter is final.

18. The prize winner will be selected at random using a random winner generator and this will be done live on the Promoter’s Facebook Page. The time and date of the draw will be advertised on the Promoter’s Facebook Page in advance and within 72 hours of the competition closing. There will be only one winner per competition unless otherwise specified.

19. The Promoter is the owner of the prize until such time as it is handed over to the winning Entrant. It is the responsibility of Entrant to make any enquiries or legal advice before entering the competition as the Promoter does not hold any responsibility for the valuation of the prize.

20. The prize will be delivered by the Promoter either in person or via a courier/delivery service. Standard delivery of the Prize is free-of-charge but a cost may be applicable for bespoke delivery requirements, including redelivery charges.

21. The Promoter is not responsible for any courier/delivery service Prizes that are lost or broken in transit.

22. By entering the competition, the Entrant is agreeing to (i) their full name being displayed on the prize competition page; and (ii) their full name and town of residence being displayed on the Promoter’s Website and Facebook Page if they are a winner. This may include photographs and videos that will be used as promotional material on the Website and Facebook Page.

23. The Promoter reserves the right to cancel the competition at any time before or after entries have been submitted. If the competition is cancelled, any entry fees will be refunded either by bank card or cheque. Once the fee is returned the entry to the competition is cancelled.

24. The Promoter shall not be responsible for any loss (including economic loss) suffered or sustained to any person or property as a result of an act or omission of the Promoters, nor will their servants, agents in developing, planning and administering the competition including distributing the prize to the winner. The Promoter accepts 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 the Entrant to satisfy themselves as to the accuracy of such details and content.

25. The Promoter shall not be responsible for any loss suffered by the Entrant due to incomplete entries, failed communication, computer or system malfunction using the Website. The Promoter does not accept responsibility for any entries not received due to high internet traffic, computer system failure, hard or software problems or any other technical errors.

26. These terms and conditions shall be deemed as creating a contract between the Promoter and the Entrant. The terms and conditions can be changed at any time by the Promoter, it is the responsibility of the Entrant to check and agree to the terms and conditions for each entry to a competition.

27. Any Entrant that engages in fraudulent activity, hacking of the Website or any other behaviour deemed unfit by the Promoter shall have their entry voided and the entry fee will not be refunded.

28. The Promoter shall use the provided email address to send emails of new offers and competitions to the Entrant. If you wish to unsubscribe from these emails you can do so at any time by clicking the unsubscribe button at the bottom of the email and you will be removed from the mailing list.

29. We reserve the right to suspend and close any user accounts at our own discretion. This includes users who are behaving in a harassing, abusive, disrespectful or defaming manner. Any associated parties may also be affected with any enforced bans. The Promoter reserves all right to disqualify you if your conduct is contrary to the spirit or intention of the Competition.

Last revised: 14th October 2022