Introduction
The following terms and conditions apply to all competitions and prize draws promoted by the Promoter via its website or any App or associated media outlet (ie Social Media Accounts, Press Adverts or any other advertising mediums). Please see end of these terms and conditions for details of the Promoter.
Tuning Culture Ltd T/A Mk3 Focus RS Club (also ‘www.mk3focusrs.club’ ‘Promoter’, ‘Us’, ‘Our/s’) and whose registered office is located at 7 Ryelands, Prestwick KA9 2DX, United Kingdom. are promoters of a website which provides and operates competitions. These are paid for skill-based entries resulting in the allocation of prizes in accordance with these terms and Conditions (the ‘Competition/s’). These general terms and conditions apply to the promotion of or advertising about the specific competition or prize draw on any platform (“interaction information”). To the extent that there is any inconsistency between these Terms and Conditions and any external interaction or advertising information, these Terms will prevail.
These Terms and Conditions may be amended at any time without prior notice. Any changes will be posted on the www.mk3focusrs.club website. It is your responsibility to ensure you review the most current Terms and Conditions before entering any particular competition or prize draw.
At all times, the Promoters reserve the right to suspend or close an Entrant’s account at any time, if they feel the Entrant is abusing the services, being abusive to other customers or staff or they have the belief that it is not genuinely the Entrant that is entering directly themselves. The promoter reserves the right to refuse an Entrant’s entry at their own and absolute discretion.
By taking part in the competition or prize draw (as applicable), you agree to these Terms and Conditions. If you do not agree with any of them then you should not take part in the competition or prize draw (as applicable). Such entry shall be deemed as acceptance of these Terms and Conditions.
We recommend that you print and store or save a copy of these Terms and Conditions for future reference during the competition or prize draw.
These Terms and Conditions are made in accordance with UK Gaming & Gambling Laws and comply with those regulations. Such compliance may not be possible or may be different in any non-UK jurisdiction.
The following general terms and conditions apply to all competitions and prize draws.
1.0 Eligibility
1.1. Entrants must be aged 18 years or over at the time of entry, unless specified otherwise. If the Entrant is under the age of 18 years, then a responsible legal Parent or Guardian must be willing to approve their Entry to the Competition or Prize Draw. You should check in your own country of residence whether you are eligible to enter. Some jurisdictions stipulate 21 years of age.
1.2. If selected as a winner of a prize draw or competition, the winner must provide a valid address for delivery of the prize or arrange a suitable collection with us.
1.3. In the event that you participate in a Competition online via the Website, and by accepting these terms and conditions, you confirm that you are not breaching any laws in your own country of residence regarding the legality of entering our Competitions or Prize Draws. The Promoter will not be held responsible for any Entrant entering any of our Competitions unlawfully. If in any doubt you should immediately leave the Website and check with the relevant authorities in your own jurisdiction of residence.
1.4. Employees and members of their immediate families (including any live-in partner) of the Promoter, companies within the Tuning Culture Ltd group of companies and/or those associated with the operation or promotion of the competition or prize draw, including without limitation the provider of the prize or the producer of the programme, are ineligible to enter. Any such entries are invalid.
1.5. The Promoter reserves the right in its sole discretion to ask for evidence to verify the age, identity and/or eligibility of an entrant at any time, and to use any channels and methods available to carry out checks of any details provided. The Promoter may withhold delivery of a prize until it has received such evidence from the winner and failure to provide such evidence in a timely manner may result in forfeiture of the prize.
2.0 Entry
2.1. The opening date and closing date and time for entries are as indicated in the interaction information. Any entries received before the competition or prize draw opens or after the closing date and time will not be counted but may still be charged for. In such event no refunds will be given.
2.2. For competition or prize draw entry, entrants must complete the task(s) specified such as the selection of their chosen number in the draw and submit the information as indicated in the interaction information of the particular draw. For prize draw entry, entrants must submit the information as indicated in the interaction information.
2.3. Competitions may be entered via the Website. There is generally One major Competition, but multiple competitions may be operated at the same time and each Competition will have its own specific prize.
2.4. Availability and pricing of entry to Competitions is at the discretion of the Promoter and will be specified at the point of sale on the Website or interactive information.
2.5. “www.mk3focusrs.club Account(s)” In order to enter a Competition, you may need to register an account with us. (a) You can register an account online. (i) To register an account online you may be asked to provide an email address or sign in via a social media account, such as Facebook, Twitter or Gmail (‘Social Media Account’).
2.6. When playing a Competition online via the Website, follow the on-screen instructions to: (a) select the Competition you wish to enter and when you are ready to purchase your Ticket(s) or Number(s), provide your contact and payment details. You will need to check your details carefully and tick the declaration, confirming you have read and understood the Competition terms and conditions; (b) once you have purchased your Entry, play the Challenge when your payment has cleared we will then contact you by email to confirm your entry into the Competition or prize draw. Please note that when entering online you will not be deemed entered into the Competition until we confirm your Entry(s) order back to you by email.
2.7. The Promoter reserves the right to refuse or disqualify any incomplete Entries if it has reasonable grounds for believing that an Entrant has contravened any of these specific terms and conditions or in the event that any payment for the entry is declined.
2.8. To the extent permitted by applicable law, all Entries become the property of Tuning Culture Ltd and will not be returned.
2.9. The Entrant can enter the competition featured on the website and the competition closes when the last number entry is taken, no more entries after this point will be accepted.
2.10. Entrants may be required to provide their full name, full contact telephone number (including area code if providing a landline number) or other method of contact (if applicable), email address and/or any other information as specified at the time of entering the promotion. This information cannot be amended once an entrant has entered the promotion.
2.11. Each entrant will be charged the cost of entry as indicated in the website article or interaction information. Any cost of entry and/or entry delivery costs includes taxes (where applicable). If you fail to pay for any entry which for which there is an entry fee, we will exclude that entry.
2.12. The Promoter gives no warranty that the service will be available, legal or appropriate for use in locations outside of the UK.
2.13. Entry to the promotion must be by the applicable method(s) as indicated in the interaction information which may include any (but not necessarily all) of the following:
2.13.1. Web entrants are required to follow the instructions on the website as indicated in the interaction information. Internet service providers’ fees or Mobile Network Provider’s fees may apply additionally when accessing the internet. By using the website, entrants also agree to the our Terms of Use. At this time, we regret we are unable to accept any “Postal” entries.
2.13.2. Entries must not be sent in through agents, third-parties or on behalf of another person unless otherwise specified in the interaction information. Such entries are void.
2.13.3. Any entries which are above the maximum number of entries for each method of entry as specified in the interaction information or which are incomplete, without all the required information, incomprehensible, incorrectly submitted, lost, damaged in any way, made or received after the deadline for receiving entries has passed or which are not received by the Promoter or are not otherwise in accordance with the interaction terms and conditions are invalid and will be discounted.
2.13.4. Entry for each competition or prize draw is usually made online through our website. However, Postal entries are permitted by submitting your number choice for the appropriate draw by writing to us by regular post and paying the correct postage stamp rate. We will not and are not obliged to accept any unstamped correspondence. Your entry should be posted to the following address Mk3 Focus RS Club, 7 Ryelands, Prestwick KA9 2DX. Please mark your envelope with “Draw Entry” so we will be aware of your intention to enter the competition.
2.13.5 In the event that you pick a number and your desired number has already been allocated (by earlier notified online entries or other postal entries) before your postal entry arrives, then the Promoter shall select an alternative number on your behalf, nearest to the number you have indicated.
2.13.6 If your entry arrives after the date of the draw we accept no liability for this failure to meet the deadline date. You must give us your full name, contact number and address in your postal entry. No correspondence (other than to advise you of a win if you are selected) by the Promoter will be entered into.
2.13.7. In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of any answer/s given by entrants, or the operation of any part of the competition or prize draw service, website, networks or systems, the decision of the Promoter shall at all times be final.
3.0 The Prize & Competition Judgement
3.1. mk3focusrs.club, will draw the winning number through a random number generator.
3.2. Due to the nature of the winning judgement there will only be one winner per competition.
3.3. The Promoter will attempt to contact Winner(s) using the telephone numbers and email address provided at the time of Entry (or as subsequently updated) and held securely in our database. It is the Entrant’s sole responsibility to check and update these details. If for any reason they are provided incorrectly, the Promoter will not be held responsible. Entrants must carefully check their contact details have been recorded correctly.
3.4. If for any reason the Promoter is unable to contact a Winner within 5 days (which may be extended at the sole discretion of the Promoter) of the end of a Competition or the Winner fails to confirm acceptance of the prize or the Winner is disqualified as a result of contravening any of these terms and conditions, the Winner will forfeit the prize and the prize will remain in the procession and ownership of www.mk3focusrs.club.
3.5. In the event that the Promoter closes a Competition early, the Winner will be selected from all valid and eligible Entries received by the Promoter prior to the date of closure, except that the Promoter reserves the right, at its sole discretion, to close a Competition or Prize draw early without selecting a Winner. In the event that a Competition is closed without selecting a Winner, the Promoter will give all entrants an “Entry Credit” to use against the cost of the entry to another subsequent competition. The Promoter also reserves the right at its sole discretion to extend the closing date of any Competition or Prize Draw.
3.6. All Entrants are automatically entered onto the Promoter’s mailing database for the purpose of conveying information as to the status of their Competition, as well as any future Promotions or Competitions offered by the Promoter. You will be given the opportunity to opt-out of such mailings by clicking on the “Unsubscribe” link at the footer of our emails.
4.0 The Prize Conditions
4.1. The prize is as specified in the interaction information. Unless otherwise stated in the interaction information, each Entrant is limited to winning one prize per competition or prize draw.
4.2. The prize is subject to availability and to winner confirmation, i.e. the Promoter has managed to contact the winner and confirm eligibility. The prize may also subject to the additional terms and conditions of any prize provider, their agents in respect of any specific delivery requirements.
4.3. Any prize elements including travel and/or accommodation will be subject to availability. Certain dates may be excluded when the winner may not take up the prize. Where the prize involves travel or accommodation on a date and/or to a destination to be chosen by the winner, the Promoter reserves the right to determine a final date by which the prize must be taken. Where the prize necessitates travel and/or attending an event on a specific date, the winner must be available on the date(s) specified by the Promoter in the interaction information and no alternative dates will be available.
4.4. Unless otherwise specified, all elements relating to a prize including travel and/or accommodation must be taken up during one period, and not on non-consecutive dates. The winner (and their companion(s) if applicable) will be required to hold a valid passport, any required visas and/or other necessary travel documentation. Where the prize relates to travel for more than one person, the winner and their companion(s) must travel together, departing from and returning to the same location at the same time and on the same itinerary. The prize provider and/or their agents cannot guarantee that seats will be adjacent to each other. In any event the Promoter shall not be responsible for any additional expenses. The prize excludes all other costs and arrangements not expressly included in the prize (as stated in the interaction information). Additional charges and expenses incurred for goods, services, attractions, facilities, upgrades, activities and events not expressly included in the prize are payable solely by the winner (and where applicable their companion(s)). The Promoter will not be held liable where such charges and/or expenses are incurred, and no refund or reimbursement will be made. The Promoter will accept no responsibility where the winner is unable to pay in full any such charges and/or expenses (ie drinks, meals, shopping expenses, incidentals, extras, transfers etc) while the Entrant is engaged on that trip or stay. Should the prize be a vehicle, you alone as the winner will be required to assume any responsibility for any road taxes, insurance, fuel, traffic or parking fines, servicing or repairs or any other ongoing expenditure related to it.
4.5. Where the prize includes a cheque, voucher or giftcard, such prize will be made payable in pounds sterling in the name of the winning entrant only and such cheque, voucher, or giftcard will be made payable to any third-party. No other form of payment than that indicated in the interaction information will be provided to the winner.
4.6. No “swap” alternative shall be offered with regard to any Prize won.
4.7. The Promoter, prize provider, the issuer of the vouchers or gift cards and their agents reserve the right to refuse to accept vouchers and/or gift cards which are deemed to have been tampered with, defaced, duplicated, damaged, copied or which otherwise are suspected to be affected by fraud or which have been lost or stolen following delivery.
4.8. The winner (and where applicable, their companion(s)) is (are) required to comply with all instructions and requirements as may be specified by mk3focusrs.club or any authorised third party to receive and/or take up the prize, including but not limited to providing responses within specified time frames, adhering to the itinerary, completing any required forms and delivering any required documentation. The Promoter will not be liable to the winner or any other persons where they fail to comply with such instructions and such failure may result in forfeiture of the prize.
4.9. The winner (and where applicable, their companion(s)) may be required to provide their signature as proof of their agreement to relevant waivers, releases and/or consents when taking up the prize. Failure to sign any relevant documentation may result in forfeiture of the prize.
4.10. No cash equivalent (where applicable) or alternative prize will be given at the request of the winner and the prize is non-transferable and non-exchangeable. If the winner decides to take up and then sell on the prize (where such onward sale is permitted) mk3focusrs.club will not be required to provide any guidance on such sale, and the winner acknowledges that the onward sale price may be lower than the retail or advertised price. However, the Promoter reserves the right to change the prize or any part of the prize to an alternative of equal or greater value for any reason in its sole discretion including without limitation due to circumstances beyond its control or if any part of the prize becomes unavailable. If for any reason the winner chooses not to take up the prize or any part of the prize, the Promoter reserves the right to ask the winner to confirm this in writing and, whether or not such confirmation is received, the Promoter will be able to retain or dispose of the prize (or part of the prize) at its own discretion.
4.11. The Promoter may refuse to provide a prize, or seek its recovery or its cash equivalent, in the event of non-entitlement under the interaction terms and conditions or an entrant’s breach of the interaction terms and conditions, fraud or dishonesty, including but not limited to the use of any technology which enables an entrant to evade applicable charges when entering the promotion.
4.12. The Promoter or prize provider(s) endeavour to deliver the prize to the winner within twenty-eight (28) days from the date of winner confirmation unless stated otherwise in the interaction information. If the prize is time critical the Promoter or the prize provider(s) endeavour to deliver the prize to the winner as soon as reasonably practicable before the necessary time to take up the prize.
4.13. The Promoter, prize provider and their agents will not be liable where a prize has been lost, damaged or stolen following delivery and such prize will not be replaced.
4.0 Time of Winner & Selection
4.1. The draw for the winner will take place after the closing date and time for all entries as specified in the interaction information. Unless stated otherwise in the interaction information, the winner will be the first entry drawn according to the aforementioned judging criteria upon on which the winning entry will be selected.
4.2. Contingencies: In the event of a tie or if the outcome of draw cannot be reasonably determined because of a technical failure or other circumstance beyond the reasonable control of the Promoter their agents or sub-contractors, the Promoter will (where possible) calculate the outcome of draw and its entries, taking into account the circumstances and information available to them at the time and/or will apply contingency plans, which may be indicated in the interaction information, to determine the outcome of any tie.
5.0 Manipulation of services
5.1. The Promoter is committed to operating its services, including without limitation competitions, prize draws fairly and to preventing abuse of its systems, as well as those of any agents and sub-contractors.
5.2 For this reason, the Promoter reserve the right to disqualify and/or discount entries if they have reasonable grounds to suspect, at their sole discretion, having regard to all the circumstances and information available at the relevant time, any of the following:
5.2.1. activity has occurred that is designed to excessively manipulate the outcome of the draw; or entries have been made in breach of the interaction terms and conditions; or there has been any activity which the Promoter consider is designed to unfairly influence the draw or an individual entrant including without limitation use of automated or semi-automated or other automated technology; or the making or disguising of multiple entries by an individual entrant using multiple log-ins or any other manipulative means.
5.2.2. If we have reason to believe that an individual entrant to our competitions or prize draws has made unfair entries from any one or more entry platform then the Promoter will treat this as an attempt to unfairly influence the competition or prize draw and all entries submitted by that entrant will be discounted. Such fees paid by that entrant shall be forfeited.
5.2.3. If we determine that an individual has attempted to unfairly influence or manipulate our service then in addition to disqualification and/or discounting entries for that prize draw we may (in our sole discretion) suspend or ban that individual from future participation and disqualify any future entries made by that person.
6.0 Liability
In relation to all competitions & prize draws promoted by the Promoter:
6.1. Nothing in the terms and conditions restricts your statutory rights as a consumer. For more details on these statutory rights you should contact your local Trading Standards Office or Citizens Advice Bureau (UK only).
6.2 Nothing in the terms and conditions shall exclude or limit the Promoter’s liability for death or personal injury caused by their staff or suppliers’ negligence or for fraud or for any other liability which cannot be limited or excluded by law or regulation.
6.3 None of mk3focusrs.club staff or the Promoter can promise that the services relating to a competition or prize draw or the website or any App will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of any problem with any network or line, system, server, software, or for any technical malfunction or failure, maintenance or repair or for reasons reasonably beyond the control of mk3focusrs.club or the Promoter. mk3focusrs.club and the Promoter do not accept responsibility where all or any part of the service relating to a competition or prize draw is discontinued, modified or changed in any way.
6.4. The Promoter and mk3focusrs.club do not accept any responsibility for any fault, malfunction, damage, loss or disappointment suffered by you as an entrant or participant howsoever arising from participating in our competitions or prize draws or from accepting any prize whether due to any error, omission by the Promoter or mk3focusrs.club, or its or their employees, agents or others or by any other cause.
6.5. Neither mk3focusrs.club or the Promoter are responsible for any damage or loss caused to you (i) which is not reasonably foreseeable to you and to mk3focusrs.club or the Promoter when you enter a competition or prize draw or participate in any way is reasonably foreseeable to you and to mk3focusrs.club or the Promoter on entry but is only indirectly related to you entering or participating in a competition or prize draw.
6.6. Neither mk3focusrs.club or the Promoter will not be liable to reimburse the cost or expenses incurred in making a competition or prize draw entry.
6.7. In the event of any free entries the Promoter do not accept responsibility in the event that any such entry is mistaken, unsuccessful, lost, delayed or not properly received.
6.8. mk3focusrs.club and/or the Promoter reserve the right to amend any element of a competition or prize draw for reasons beyond their reasonable control, including but not limited to the unavailability of the prize, competition or prize draw entry platform before the closing date, or for strike, lock-out, labour dispute, illness, act of God, natural disaster, pandemic, adverse weather conditions, war, riot, civil commotion, accident, epidemic or pandemic, malicious damage, fire, flood and/or storm, compliance with law or governmental order, rule, regulation or direction, breakdown of plant, machinery or transportation. mk3focusrs.club and/or the Promoter are not responsible for any loss or damage caused to you as a result of any of these occurrences. In the event of catastrophe preventing the Prize draw, the Promoters reserve the right to make any refund, give a future credit or cancel the draw with or without refund in their absolute judgement.
6.9. You agree to reimburse mk3focusrs.club and/or the Promoter in respect of any damages suffered by mk3focusrs.club and/or the Promoter or any losses by mk3focusrs.club and/or the Promoter resulting from any claim made by a third-party in each case in respect of any matter arising from your use of our services relating to the competition or prize draw in breach of the interaction terms and conditions or from your violation of any applicable law or regulation.
7.0 Privacy & Data Handling
7.1. Information and data (“personal data”) which is provided by you when you enter a competition or prize draw will be held by the Promoter and mk3focusrs.club and may be used by the Promoter or mk3focusrs.club and their service providers, network operators, suppliers, payment processors and contractors for the purposes of administering and fulfilling the competition or prize draw. You agree that this includes without limitation that we may contact you if there is an issue with the interactive service and can email you upon your registration to our website, email you on receipt and to acknowledge your entry, send your payment details via our website to our payment processor, and to contact you if there is a problem with your entry or to advise you of any win or prize. Further details of how any personal data will be used are set out in mk3focusrs.club’s Privacy Notice. You agree to this use of your personal data when you participate in our interactive services, competitions and prize draws.
7.2. Generally, we will only send you marketing messages if you indicate that you consent (e.g. by “opting-in”) to receiving such messages. If you do not wish us to contact you by either SMS or email then you should delete your account with us and you will not receive any further communications from us or you can unsubscribe using the link in our email/s.
7.3. The Promoter and/or the prize provider may send personal data of participants to an interactive service (and where applicable, companion(s) of a winner) to third parties outside the UK and the European Economic Area, for the purposes of administering the competition or prize draw and by entering you agree to such transfer for these purposes.
7.4. By taking part in any competition, prize draw, vote or poll (as applicable) you agree to participate in publicity at the Promoter’s request if you are the winner of a competition or prize draw. You agree that the Promoter (or any third party nominated by the Promoter) may in its sole discretion use the winner’s and image (photo and/or video) and their comments relating to the prize and their experience for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid, both immediately after their win and in the future for use and you hereby waive any and all moral rights in such images unless prohibited by law.
7.5. By entering a Competition, you agree to the use of your name, redacted address, and/or photograph or other likeness, as well as your appearance at publicity events without any additional compensation (save for reasonable travel expenses) and as required by the Promoter if you are declared a Winner. The prize will only be released upon satisfactory adherence to these requirements.
7.6. If you are the winner of a competition or prize draw you agree that the Promoter may list your name and location on the winners’ page of the mk3focusrs.club website(s) and mk3focusrs.club may publish or announce your name and non-identifiable location elsewhere as mk3focusrs.club and/or the promoter determines in its sole discretion. We will of course be sensitive to any adverse connection to your publicity or location or image being used and will anonymise your persona and details at our discretion.
8.0 General
8.1. Please note that by making an entry you are consenting to us starting the interactive service immediately and any rights you may have to withdraw from or cancel your purchase (including but not limited to under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) will be lost because the performance of our services is simultaneous or begins immediately once your purchase is completed.
8.2. You agree that you do not have any commercial relationship with mk3focusrs.club and/or the Promoter, and that you are not an agent of mk3focusrs.club and/or the Promoter. mk3focusrs.club’s use or featuring of a particular brand name as prizes does not imply any affiliation with or endorsement of such brands. We are not endorsed by any Social Media company, platform or any other manufacturer or supplier of Goods or Services. mk3focusrs.club and the Promoter hereby acknowledge any and all trademarks and trading names as belonging to their respective individual holders and owners.
8.3. These terms and conditions are available in English only and shall be exclusively governed by and construed in accordance with the laws of Scotland and You irrevocably submit to the exclusive jurisdiction of the Scottish Courts.
8.4. The Promoters and mk3focusrs.club reserve the right to amend these terms and conditions or anything appearing on their website. You should always check the most current version which will appear here. These terms and conditions were last updated on 01 June 2020.
9.0 Contact Details and Further Information
9.1. If you have a general comment, query or complaint about any interactivity provided by mk3focusrs.club or the Promoter you may register it with mk3focusrs.club Customer Support which can be contacted by email via kenny@mk3focusrs.club You will need to provide some or all of the following information: (a) Your name (b) Your email address (c) The IP address of your computer (d) If possible, your internet service provider (e) The nature of your issue and the date(s) and time(s) when you experienced problems (g) A contact telephone number you can be reached on, if necessary. Queries and complaints will be addressed as soon as possible and within 21 days of receipt. We cannot guarantee to resolve your problem to your satisfaction but will make every effort to respond in a professional and capable way.
9.2. For a hard copy of these terms and conditions you can contact mk3focusrs.club Customer Support as set out above or send a stamped addressed envelope to the Promoter’s address below. If you have any request under the Subject Data Request under the General Data Protection Regulations then you may send this to the address set out below.
9.3. The Promoter is: mk3focusrs.club, who are located at Tuning Culture Ltd, 7 Ryelands, Prestwick KA9 2DX, United Kingdom.
The Mk3 Focus RS Club is run by genuine enthusiasts with a real pasion for the RS line. We are creating a special community for a very special car. Come be a part of it.