Terms and Conditions relating to Bionix PS4 Ultimate Bundle giveaway competition
The promoter of Bionix PS4 Ultimate Bundle giveaway competition (“Prize Draw”) is Bionix Sports, Froxmer Street Industrial Estate, Gorton, Manchester, M18 8EF ("Promoter").
The competition is in no way endorsed, sponsored or administered by Facebook or its other entities.
1.1 This Prize Draw is open worldwide. Entrants must be over the age of 18 to qualify due to the 18-rated game included.
1.2. Employees of the Promoter or any associated company and their immediate family as well as sponsors of the Prize Draw and their employees and judges of the Prize Draw and their immediate family, or anyone else involved in the organisation of the Prize Draw, may not enter the Prize Draw.
1.3. Entrants will require access to the internet to enter the Prize Draw.
1.4. Entrants must have their own active Social Account.
1.5. Entrants remain subject to the Instagram terms and conditions.
- How to enter
2.1. To enter the Prize Draw entrants must:
2.2. Follow or Like @Bionixsports (on Instagram, Facebook or Twitter) and like the post required, winner will be selected from across all platform posts
2.3. Entries must be made between 9am GMT on 09.11.19 and 11.59pm GMT on 15.11.19 ("Competition or Competition Period") to be valid. Winner will be announced 16.11.2019 on @BionixSports Instagram, twitter and facebook pages via a comment or a post.
2.4. Entries received after the end of the Prize Draw Period will not be valid.
2.5. No third party or automated entries are permitted.
2.6. All entrants (including the winner(s)) must comply with any reasonable directions given to him or her by the Promoter in connection with the Prize Draw. Failure to comply with such directions may result in an invalid Entry and/or withdrawal of the Prize.
- Winner selection and contact
3.1. The Promoter will select at random at the end of the Competition Period. The decision of the Promoter shall be final. The Promoter will announce the winner by naming the winner on a @Bionixsports Instagram, Facebook and/or Twitter after the Competition Period has ended.
3.2. At the end of the Competition Period, the Promoter will contact the winner via direct message. (“Winner”) whereby the Promoter will ask the Entrant for their name and address for postage of the prize.
3.3. If any winner fails to provide their Details to the Promoter within 72 hours of the Promoter’s mention and direct message, asking them to provide the Details in accordance with clause 3.2 then the Promoter acting in its absolute discretion may:
3.3.1. Make further attempts to contact that winner; and/or
3.3.2. Withdraw the Prize from that Winner.
3.4. If the Prize is declined by a Winner or is withdrawn from a Winner by the Promoter under clause 3:
3.4.1.the declining or forfeiting Winner will continue to be subject to the provisions of these Terms and Conditions; and the Promoter may offer the Prize to a new Winner selected by the Judges in accordance with this clause 3.
4.1. The prize is as follows: One PS4 console with controller, one blue controller, one copy of Fifa 20, one copy of Modern Warfare 2019
4.2 The Prizes are non-transferable and non-refundable and the Winners cannot request any alternative prize. Elements of the prize are subject to availability.
- Winner publicity
5.1. The Promoter reserves the right to publish each Winner's name on the Promoter’s official social media accounts, including Twitter, Instagram and Facebook and on its website found at www.bionixsports.com
5.2. By entering the Prize Draw, if you are a Winner you agree to your name being published in accordance with clause 5.1 and to take part in and co-operate fully with all reasonable publicity accompanying or resulting from this Prize Draw without further recompense.
5.3 In accordance with GDPR, we shall ask your permission to link to your social accounts and shall only provide a First name and @ of your chosen account until permission is granted.
- Entry requirements
6.1. Any Entry that is deemed by the Promoter, in its sole discretion, to be unlawful, obscene, vulgar, pornographic, hateful, threatening, discriminatory, offensive or which may otherwise bring the Prize Draw or Promoter into disrepute will be excluded from the Prize Draw and the Promoter reserves the right to take any further action in respect of such Entry that it deems appropriate.
6.2. The Promoter will fully co-operate with any law enforcement authorities or court order requesting or directing the Promoter to disclose the identity of or to locate anyone posting or linking any content to its Twitter or Instagram pages which infringes any third party rights or is in breach of any of these Terms and Conditions or any applicable law.
- Use and display of Entries and copyright
7.1. The copyright subsisting in the Entry must belong to the entrant. Entrants will retain copyright in the Entries they submit. Entrants must not have infringed the rights of any other party or breached any laws when submitting their Entries. If an Entry contains reference to or images of a person, the consent of that person (or their parent or guardian if they are under 18) must have been obtained.
7.2. By submitting an Entry:
7.2.1.you licence and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish and display such content for any purpose in any media including, but not limited to the Promoter’s website, social media accounts, marketing materials, newsletters and promotional material without further compensation, restriction on use, attribution or liability;
7.2.2.you waive any moral rights or similar rights in respect of your entry to which you may be entitled (at the time of submission or in the future) under the Copyright, Designs and Patents Act 1988 as amended time to time or under any similar applicable laws in force from time to time in force anywhere in the world;
8.1. Except for death or personal injury caused by negligence of the Promoter or its agents or representatives or for fraud or fraudulent misrepresentation, neither the Promoter, nor its agents or representatives assume responsibility for:
8.1.1.any Prize that is not redeemed;
8.1.2.any personal property;
8.1.3.any loss of enjoyment or wasted expenditure;
8.1.4.any system failures or malfunctions of any third party websites;
8.1.5.any incomplete, lost, delayed or late Entries;
8.1.6.any failure to fulfil obligations of any third parties involved in this Prize Draw;
8.1.7.any fault, malfunction, damage, loss or disappointment suffered by the participants in
the Prize Draw howsoever arising from participating in the Prize Draw;
8.1.8.communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of this Prize Draw;
8.1.9.inaccessibility or unavailability of the internet, or any website (including without limitation any social media web sites) or any combination thereof through dial up, broadband, mobile internet or WAP connections;
8.1.10. any injury or damage to a participant which may be related to or arising from the Prize Draw or the Prize;
8.1.11. if for any reason the Prize Draw or any website in connection with the Prize Draw is not capable of running as planned for reasons which may include without limitation, infection by computer, virus, tampering, unauthorised intervention, fraud, technical failures or any other causes which may corrupt or affect the administration security, fairness, integrity or proper conduct of this promotion; and/or
8.1.12. any other matter outside of their reasonable control.
8.2. Nothing in these Terms and Conditions affects your statutory rights.
8.3. To the extent permitted by law, all conditions, warranties and other terms which might otherwise be implied by statute or common law are expressly excluded from these Terms and Conditions.
8.4. The Winners agree to indemnify and keep indemnified the Promoter, its group of companies and their officers, employees and agents from and against all liabilities, losses, damages and expenses (including legal and other professional fees) arising out of or in connection with any allegations or claims resulting directly or indirectly from:
8.4.1.their Entry into this Prize Draw; and/or
8.4.2.their receipt and use of any Prize.
9.1. The Promoter reserves the right to cancel or amend the Prize Draw or these Terms and Conditions if it has reasonable grounds for doing so. Any changes to the Prize Draw or these Terms and Conditions will be announced by the Promoter through its social accounts.
9.2. By entering the Prize Draw you accept these Terms and Conditions as in force at the time you submit your Entry.
9.3. Any person who provides their Details to the Promoter in connection with this Prize Draw accepts:
9.3.1.these Terms and Conditions; and
9.3.2.the use of their personal data by the Promoter:
18.104.22.168. for the purpose of administration of the Prize Draw (including publishing the names of the Winners and any administration relating to the Prize); and
22.214.171.124. any other purpose for which they have consented.
9.5. Without prejudice to clause 6.1, the Promoter reserves the right to exclude any Entry from the Prize Draw if it deems it to be ineligible or otherwise invalid and the Promoter shall have complete discretion in this respect.
9.6. No responsibility can be accepted for lost Entries or incomplete Entries. Proof of Entry is not proof of receipt.
9.7. If any provision of these Terms and Conditions (or part of any provision) is found by any court or other competent authority to be invalid, unenforceable or illegal, the other provisions shall remain in force.
9.8. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Promoter.
9.9. No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law or any abandonment of any such right or remedy shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
9.10. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
For the names of the Winners or for a copy of these Terms and Conditions please send a stamped addressed envelope together with your written request to Bionix MW Competition, Unit 4 Froxmer Street Industrial Estate, Gorton, Manchester, M18 8EF
9.11. The Prize Draw, these Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim which may arise out of or in connection with the Prize Draw or these terms.