The following terms and conditions set out the terms of our competition, as described in the Competition Information Page ("Competition").
1.1 In this Agreement the following words and phrases shall have the following meanings:
“Competition Information Page” The details of the Competition set out by us and available to you when entering the Competition
“Intellectual Property" Rights patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world
“Participant” Any natural person who enters a Competition
“Prize” Any prize offered or awarded in a Competition as set out in the Competition Information Page
“Promotional Period” The period during which a Competition is open to entries, as specified in the Competition Information Page
“Submitted Content" Any materials submitted to us as part of the Competition for example screenshots, images, videos, suggestions, comments, questions and other materials
“us”, “we” and “our” Any references to “us”, “we” and “our” shall be references to RailSimulator.com Limited registered in England and Wales under company number 6751125 with registered office 3rd Floor North, Fitted Rigging House, Anchor Wharf, The Historic Dockyard, Chatham, Kent, ME4 4TZ, UK.
“you” Any reference to “you” is to you as a Participant in or winner of a Competition
1.2 This Agreement shall be binding on you when you enter, participate in or win any Competition or accept any Prize.
1.3 We reserve the right, in our reasonable discretion, to add to, amend, vary or waive these Competition Terms on reasonable notice with future effect at any time insofar as it appears reasonable and does not place the participant at a disadvantage in bad faith. Modifications may become particularly necessary in order to implement adjustments reflecting a change in a legal position. New court decisions are also considered a change in a legal position. Further developments and changes may also require a modification or amendment of these Competition Terms.
1.4 This Competition is in no way endorsed by any other party other than us.
2.1 In order to make a valid entry into a Competition, you must:
2.1.1 be a resident of the United Kingdom where participation in Competitions of that nature on these terms and conditions is lawful;
2.1.2 unless otherwise stated, enter as an individual only, not as part of a syndicate, group or agency;
2.1.3 not be an employee, officer, contractor, consultant and other personnel of us or otherwise directly or indirectly connected with the administration of the Competition; and
2.1.4 meet any other criteria set out in the Competition Information Page
2.2 If you are under the age of 18, you must obtain written parental or guardian consent to enter and claim your prize. We may ask the winner to provide proof of age.
2.3 Breach of any of the terms of this Agreement may result in your disqualification from a Competition or withdrawal of any Prize.
3.1 To enter the Competition, during the Promotional Period you shall be required to follow the criteria set out in the Competition Information Page (“Qualifying Post”).
3.2 Entries to the Competition must at all times comply with our Acceptable Use Policy available here: https://wearerailfans.com/c/article/warf-acceptable-use-policy
4.1 Where entering a Competition involves the submission to us of Submitted Content (including but not limited to the Qualifying Posts), then:
4.1.1 by entering that Competition, you grant us a perpetual, worldwide, irrevocable, royalty-free licence to use the Intellectual Property Rights in those materials for the purpose of marketing or improving our products and services, and for the purpose of administering, promoting, reporting on or otherwise operating the Competition;
4.1.2 you warrant that you have and shall maintain all permissions, consents, licences and rights required for you to grant us the above licence;
4.1.3 you may be disqualified if, in our reasonable opinion, your submissions are obscene, discriminatory, offensive, violate criminal law or are otherwise unlawful, infringe the rights of any person or promote or facilitates any of the foregoing; and
4.1.4 you warrant that your Submitted Content is your own original work.
5.1 Following expiry of the Promotional Period, the winner or winners shall be selected by us at our sole discretion with regards to and in compliance with the criteria set out in the Competition Information Page from all valid and eligible entries.
5.2 The winner or winners (subject to subsequent verification of their details and/or a security check) will be notified within the time specified on the Competition Information Page. We shall not be liable in the event that any notification is not received by a winning entrant.
6.1 The prize awarded to the winners of the competition will be set out on the Competition Information Page (the “Prize”).
6.2 There is no monetary prize awarded for the Competition. The Prize is not negotiable or transferable nor can it be exchanged for cash or other alternatives.
7.1 Unless specified in the Competition Information Page, you shall not be required to take any further steps to receive the Prize. However if there as a time in which you must accept the Prize, we will set this out to you in the Competition Information Page. Any claim for a Prize made outside the time or manner specified for the relevant Competition will be invalid. If you fail to take the required steps to receive the Prize within any set time, another winner may be selected in accordance with the winner selection criteria set out in clause 5 and the Prize will be assigned to this winner.
7.2 To eliminate non-genuine, deceitful or fraudulent claims, we reserve the right to:
7.2.1 request proof of identity, age and address, such as in the form of your passport or driving licence; and/or
7.2.2 request that you sign a sworn statement confirming your eligibility and that there are no incidents in your past or personal circumstances that would be likely to bring us (or a party providing the Prize) into disrepute
7.3 A Prize will not be awarded to a person who, for any reason, would not be allowed by law to purchase or use the Prize or where the supply of the Prize to that person would be unlawful.
7.4 In the unlikely event that the relevant Prize should become unavailable, we reserve the right to substitute for an equivalent prize of equal or greater value.
8.2 Notably, if you win the Competition we may publish your username or the name submitted when entering the Completion on our website and social media platforms.
9.1 You shall be disqualified from entering the Competition, and, if you have won a Prize we may withdraw the same, or recover it from you if it has already been given, if:
9.1.1 you breach any of the terms of this Agreement or any other terms relating to the Competition;
9.1.2 you provide incorrect, incomplete or outdated information in relation to the entry;
9.1.3 you commit any kind of fraud, dishonesty, deceit, misconduct or similar action in respect of the Competition.
10.1 We shall be entitled, in our reasonable discretion, to cancel, delay and/or recommence the Competition with immediate effect by online announcement without any liability.
10.2 If a Competition is cancelled after a valid claim has been made, we will use reasonable endeavours to offer the Prize or an alternative, equivalent Prize. If such alternative Prize is offered but not accepted by you, you shall have no claim against us in respect of the cancellation or delay of the Competition or for any expense or damage whatsoever incurred as a result.
11.1 We exclude all liability whatever for any costs, expenses, damages, liability, injury or disappointment suffered by you arising out of or in any way connected with the Competition or Prize, in contract and in tort (including negligence) and otherwise, in each case provided that nothing in these Competition Terms excludes any liability for death or personal injury arising out of our negligence or the negligence of our employees, fraud or fraudulent misrepresentation by us or our employees; or any other liability that cannot be excluded or limited by law. We exclude all liability whatsoever for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.
11.2 We shall have no liability in the event of telephone, mobile connectivity or online entries delayed or not received by us as a result of network incompatibility, technical faults or for any other reason. Nor shall we have any liability for Prizes which are lost, delayed or damaged in the post or otherwise not validly received by you, nor for any mistakes in the source material utilised by us question compilers. Additionally, we shall have no liability for any other errors or problems of any kind, whether network, computer, mechanical, typographical, mechanical, human or otherwise, related to or in connection with the Competition, including any errors or problems which may occur in connection with the administration of the Competition, the processing of entries, the announcement of the Prizes or in any Competition-related materials.
11.3 The aforementioned exclusion of liability also applies to our employees, representatives and vicarious agents and especially to the benefit of our
shareholders, employees, representatives, organs and their members with regard to their personal liability.
11.4 Our decision is final and conclusive in all circumstances and no correspondence will be entered into.
12.1 The subject matter and formulation of this Agreement shall be governed and construed in accordance with the laws of England and Wales and you and we submit to the exclusive jurisdiction of the Courts of England.
12.2 This Agreement represents the entire agreement between you and us relating to the Competition and supersedes all prior representations, agreements, negotiations or understandings (whether oral or in writing).
12.3 Failure to enforce any term does not constitute a waiver of that term.
12.4 If any part of this Agreement is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.
12.5 This Agreement is not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly no person shall derive any benefit or have any right, entitlement or claim in relation to this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.
RailSimulator.com Limited registered in England and Wales under company number 6751125 with registered office 3rd Floor North, Fitted Rigging House, Anchor Wharf, The Historic Dockyard, Chatham, Kent, ME4 4TZ, UK.
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