JAGUAR LAND ROVER LIMITED
ACE PACE KNOCK-OUT TOURNAMENT COMPETITION – TERMS AND CONDITIONS
ACE PACE KNOCK-OUT TOURNAMENT COMPETITION – TERMS AND CONDITIONS
These Terms and Conditions apply to the ‘Ace Pace Knock-Out Tournament competition’ (the "Competition"). The Competition is entered by UK residents aged 18 and over. Entrants must download and register their details on the ‘Ace Pace: Wimbledon Edition’ app (the “App”) before 23:59 hours on 25th June 2020 and compete in knock-out rounds of the Game (defined below) on the App during the Competition Opening Period (defined in clause 12 below). The knock-out rounds will take place throughout Competition Opening Period, where the entrant with the highest score of their Game will get through to the next round until two entrants reach the ‘final’. The winner of the final knock-out Game will win the opportunity to attend a tennis masterclass with Jaguar tennis professional Ambassador.
TERMS AND CONDITIONS
1. By entering this Competition you confirm your acceptance and agree to these Terms and Conditions.
2. The Competition is promoted by Jaguar Land Rover Limited; registered in England and Wales; No 1672070; registered office: Abbey Road, Whitley, Coventry, CV3 4LF, England (the "Promoter").
3. These Terms and Conditions apply so far as the law permits so please read them carefully before entering.
4. These Terms and Conditions shall be governed by and construed in accordance with English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to deal with any dispute or claim that arises out of or in connection with these Terms and Conditions and the Competition.
CAN I ENTER THE COMPETITION?
5. The Competition is free to enter (no purchase necessary).
6. This Competition is open to residents of the United Kingdom aged 18 (eighteen) and over. Any persons under the age of 18 (eighteen) will be able to download the App and play the Game (defined below) but will not be eligible to enter the Competition.
7. No employees, agents or suppliers of the Promoter, (including JLR’s retailer network) and associated companies or their Family Members will be eligible to take part in the Competition. For the avoidance of doubt, “Family Members” means the parents, children, siblings, aunts and uncles, grandparents, grandchildren of an employee, agent or supplier of the Promoter, its retailer network and associated companies.
8. In entering the Competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. It will be the Promoter’ sole decision as to whether any eligibility requirement has or has not been met and we may require evidence or confirmation from entrants before awarding prizes.
9. The Competition will require a moderate level of dexterity and strength in your hands and arms to perform the 'serve' on the game on the App. Specifically, the game requires you to perform a swipe motion on your device screen using your finger, raise your arm above your head (holding your device securely), and bring it down in a swinging motion. The score that you will receive is based on the dexterity and accuracy of the swipe motion and the strength in swinging your arm down to perform the 'serve'.
10. The App will be available to download from 15th June 2020.
11. In order to be eligible to enter the Competition, entrants must register their details on the App and tick the box to confirm that they would like to take part in the Competition on the ‘Tournament’ page on the App before 23:59 hours on Thursday 25th June 2020 (“Competition Registration Closing Time”). Registration to the Competition will not be able to be submitted after the Competition Registration Closing Time.
12. The Competition is open from 09:00 hours on Monday 29th June 2020 and closes at 23:59 hours on Sunday 12th July (the “Closing Date”) inclusive (the “Competition Opening Period”).
13. Each knock-out round of the Games (defined below) will take place during the hours of 09:00 – 18:00 on allocated days during the Competition Opening Period (the “Game Play Time Slot”). Entrants will be sent a push notification via the App informing you of where you can find the dates of each knock-out Game and the total number of rounds of the knock-out Games that shall be played during the Competition Opening Period. Entrants much compete in their knock-out Game on the date specified and within the Game Play Time Slot. If you miss or do not play your allocated knock-out Game within this time, you will no longer be able to compete any further in the Competition.
14. The Competition will require access to an email account, access to the App on an Apple or Android device and internet access. This will not be provided by the Promoter nor will the Promoter be responsible for providing you with an email account.
15. We reserve the right to disqualify any entry which does not comply with these Terms and Conditions or if your conduct is contrary to the spirt or intention of the Competition.
HOW TO ENTER
16. To enter, simply:
ii. confirm that you would like to take part in the Competition by clicking the ‘register’ box on the ‘Tournament’ page on the App; and
iii. compete in knock-out rounds of the ‘toss and serve’ game on the App, which requires you to perform a virtual ‘ball toss’ and ‘serve’ as fast as you can (the “Game”). The Game must be played within the Game Play Time Slot (defined in clause 13 above). You will play against one other player who will be another entrant selected at random. Your speed will be calculated automatically on the App and shown on screen as your score. The entrant with the highest score (which will show on the leader board) of their Game will get through to the next round until two entrants reach the ‘final’ knock-out Game, which will be played on the final day of the Competition Opening Period (12th July 2020).
17. Directions for how to play the Game will be provided on the App prior to performing your first ‘serve’.
18. You can practice your Game play as many times as you wish in the ‘practice’ section of the App, however you will only have one opportunity to perform your serve and toss during your knock-out Game.
19. Only entries that have completed in full will be considered as a valid entry.
20. If, for any reason, a technical interruption, equipment failure network, server, device hardware or software failure or site failure occurs and the Competition is not capable of running as planned or entries are not received or validly submitted or the Prize (as defined below) is disrupted, the Promoter reserves the right to cancel, terminate, modify or suspend the Competition if necessary.
21. The Promoter does not take any responsibility for incomplete not be considered valid.
22. The Promoter reserves the right to cancel, terminate, modify or suspend the Competition if necessary.
23. The entrant that receives the highest score out of the two entrants in the ‘final’ knock-out Game will be the Winner (the "Winner").
24. The single name of the Winner will be final.
25. The Winner will win the Prize. The prize will be the opportunity to take part in a ‘Jaguar Masterclass’, which will include a 1 hour 30 minute tennis masterclass led by a professional tennis player who is an ambassador of the Jaguar brand. The masterclass shall be held at a venue in London and is provisionally scheduled run on a date in either July, August or September 2020 (subject to clause 26 below). The exact date and venue/location of the Prize will be confirmed by the Promoter in accordance with clause 28 below) (the "Prize”), and 1 (one) Prize is available to be won. The Winner will be able to take one guest to the Prize masterclass over the age of 18 (eighteen) as a spectator of the masterclass (the “Guest”).
26. Timing and venue of the Prize: Current events and experience show that the venue and timing of the Prize masterclass scheduled to be held in either July, August or October 2020 may be subject to change or postponement due to COVID-19 measures or requirements – local or central Government or promoter, participant or venue rules and regulations. In such case, circumstances then permitting, the Prize masterclass will take place in the Summer of 2021, exact date to be confirmed by the Promoter.
27. The App-generated username of the Winner will be announced on the App following the ‘final’ knock-out round of the Game.
28. The Winner will be contacted via the email address provided with their Competition entry on 13th July 2020 and asked to confirm their name, age, availability on the confirmed date of the Prize, and that they accept the Prize.
29. Entrants may only win one prize throughout the duration of the Competition.
30. If you are selected as a Winner but you are unable to attend the Prize you must notify the Promoter immediately, and the Promoter reserve the right to offer the Prize to the entrant who was the first ‘runner-up’ in the ‘final’ knock-out Game. No alternative prizes will be offered if you cannot attend the Prize.
31. The Winner will be required to complete a ‘declaration of health’ issued by JLR prior to taking part in the Prize.
32. There are no cash or credit alternative prizes and the Prize is non-transferable and non-negotiable. The Prize may not be claimed by a third party on your behalf.
33. If the Promoter subsequently discovers the Winner is ineligible, has breached these Terms and Conditions, or foul play or unethical conduct is suspected under these Terms and Conditions then the Promoter reserves the right to not award the Prize and the Promoter shall offer the Prize to the entrant who was the first ‘runner-up’ in the ‘final’ knock-out Game.
34. If the Prize offered is unavailable, cancelled or suspended due to circumstances beyond the control of the Promoter (including as a result of COVID-19 measures and/or requirements), the Promoter will not be able to offer an alternative and will not owe any further liability to the Winner. The Winner will not be entitled to any monetary equivalent or compensation for costs or expenses incurred or suffered in connection with taking up the Prize.
35. The Winner accepts that the Prize could be cancelled or suspended for any reason whatsoever (including as a result of COVID-19 measures and/or requirements), beyond the control of the Promoter.
36. You acknowledge and agree that the Promoter will not be responsible for the Winner and their Guest’s costs and/ or expenses (including travel expenses) when attending the Prize masterclass. For the avoidance of doubt the Prize will only include what is stated in clause 25.
37. In all circumstances, the Promoter's decision is final and no correspondence will be entered into.
38. Subject to clause 40, you acknowledge and agree that is your responsibility to perform the actions of the 'serve' in an area with plenty of space around you to avoid risk of injury and damage to you or other people/property. Entrants agree that they are responsible for ensuring that they have a firm hold of their device at all times during 'the serve, subject to clause 40 below'. You agree that the Promoter shall not be responsible for any damage or injury caused as a result of playing the game on the App.
39. Subject to clause 40, neither the Promoter or its affiliates, agents, officers or employees will be liable (to the extent permitted by law) for any loss or damage arising out of organising or holding this Competition or as a result of an entrant's participation in it, participation in any of the activities or as a result of the Winner winning, participating in, collecting or enjoying the Prize and/or the Competition, or if the Competition does not run as planned.
40. Nothing in these terms seek to exclude the liability of any party listed in this paragraph for (a) death or personal injury caused by their negligence, (b) fraud or fraudulent misrepresentation, and/or (c) any other matter for which it would be unlawful for them to exclude or attempt to exclude their liability. Your statutory rights are not affected.
41. The Promoter may change these Terms and Conditions or cancel the Competition at their absolute discretion and without incurring liability as a result unless the Prize has been awarded.
42. This promotion is in no way sponsored, endorsed or administered by, or associated with Twitter, Instagram, Facebook and/or LinkedIn.
USE OF PERSONAL DATA
43. By entering this Competition, you understand that the Promoter (and its agents, contractors and group members on its behalf) may process, store, distribute and/or use the information (including personal data) you provide in your Competition entry and in the process of entering:
(b) To notify you if you are a Winner. If you are a Winner you agree that the Promoter may announce or make available on request your name and county/town unless you object to the Promoter doing so or request that the amount of personal information announced or made available is reduced by the Promoter, in accordance with clause 47; and
(c) To share with organisations assisting with the conduct of the Competition and fulfilment of the Prize.
44. Entrants’ names and contact information used for the purpose of this Competition shall be retained for as long as reasonably required to facilitate and fulfil the purpose of the Competition and, for the Winner, to facilitate the provision of the Prize.
45. Upon playing the Game on the App and entering the Competition, you will be automatically assigned a randomly-generated username which will be displayed with your score on the leader board. No personal information entered upon downloading and creating a login to the App will be displayed on the leader board, nor will any other entrants to the Competition have access to such personal information.
46. JLR reserves the right to contact entrants regarding various product and service promotions or other related communications who have opted-in to receiving such communications from JLR. Should Entrants who have opted-in to receive such communications from JLR wish to no longer be contacted by JLR, they may unsubscribe at any time, or they can contact firstname.lastname@example.org to be removed from the mailing list.
47. Should any Winner object to their name and county/town of residence being announced or made available upon request by the Promoter, they should contact email@example.com. The Promoter will not announce or make available the personal information of any Winner who have objected. The Promoter may, however, need to provide such data for any lawful or regulatory purposes to the UK’s independent regulator of advertising: the Advertising Standards Authority (ASA).
48. Data will be handled in accordance with (i) any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or 2018 and any successor legislation; and (ii) for so long as and to the extent that the law of the EU has legal effect in the UK, the General Data Protection Regulation ((EU) 2016/679), and any other directly applicable EU regulation relating to privacy.
50. To find out the name of the Winner please send your request to firstname.lastname@example.org.
51. If you have any other questions about the Competition, please send you question by e-mail to email@example.com before the Competition Closing Date.
52. If you have any questions about how your contact information is being handled, please contact DPOffice@jaguarlandrover.com
APP TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APP
TERMS OF APP USE
INFORMATION ABOUT US
The App is managed by Jaguar Land Rover Limited ("Jaguar Land Rover"). Jaguar Land Rover is registered in England and Wales under company number 1672070 and have our registered office at Abbey Road, Whitley, Coventry, CV3 4LF.
ACCESSING THE APP
The App is made available free of charge. We do not guarantee that the App, or any content on it, will always be available or be uninterrupted. Access and registration to the App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the App without notice. We will not be liable to you if for any reason the App is unavailable at any time or for any period.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Our status (and that of any identified contributors) as the creators of content on the App must always be acknowledged unless we have agreed otherwise.
You must not use the App for commercial purposes without obtaining a written licence to do so from us or our licensors.
All names, images, logos identifying us are proprietary marks of Jaguar Land Rover or its licensees as the case may be. All third party brand, product, service and company names contained on this site are the trademarks, service marks and trade names of their respective holders. We do not give permission for their use by any person other than the holders. Any such use may constitute an infringement of the holders' rights.
NO RELIANCE ON INFORMATION
We use our best efforts to ensure that the content or information on the App is accurate, complete and up-to-date, but we appreciate that errors or omissions may from time to time occur.
Without prejudice to your statutory rights, the site and all information, text, names, images, pictures, logos, links and icons and other materials (without limitation) are provided 'AS IS' and on an 'AS AVAILABLE' basis without representation, warranty, guarantee or endorsement, express or implied that the content on the App is accurate, complete or up-to-date.
LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the App.
If you are a consumer user, please note that we only provide the App for domestic and private use. You agree not to use the App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If you are a business user, please note that in particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
While we take reasonable care in managing the App, we do not guarantee that the App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, mobile device/computer programmes and platforms in order to access the App. You should use your own virus protection software.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the App. We will also not be liable that we consider is out of our control.
You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.
OTHER APPLICABLE TERMS
We may update the App from time to time, and may change the content at any time. However, please note that any of the content on the App may be not fully up to date at any given time, and we are under no obligation to update it.