1.1Our terms conditions set out the rules which are applicable to your participation in the prize competition. You should ensure that You read these terms and conditions carefully as your participation in the prize competition constitutes your acceptance of these terms and conditions.
2 DEFINED TERMS
"Competition" means the David-Carter.com reverse auction themed prize competition.. "Bid" means the attempt to obtain a specified Prize by way of putting forward a stipulated hypothetical price, as communicated to Us online. The aim of the Player is to put forward the Unique Lowest Bid. "Player"/"You" means the individual who participates in the Competition by placing a Bid. "Prize" means any domain name from time to time stipulated by Us, to be offered as a Prize by Us (and reference in these terms and conditions to "the Prize" will include, unless the context otherwise requires, references to individual items comprised in a group of two or more items offered as one Prize). "Lowest Unique Bid" means the lowest whole number Bid for a Prize that is closest to one (1), that has not been selected by any other Player. Zero or negative amounts are not allowed. "Online Player" means an individual who participates in the Competition by placing Bids through the Website. "Our", "We" or "Us" means Hollywood Internet Ltd, a company registered in England and Wales (Company Number 04661510). Our address for correspondence is Hollywood Internet Ltd., 23 Lea Green Lane, Birmingham, B47 6HE, United Kingdom"Winner" means the Player who has the Unique Lowest Bid at the close of the Competition. "Website" means Our website with the URL "david-carter.com"
3 REGISTERING AND OPENING YOUR ACCOUNT WITH US (FOR BIDDERS PAYING VIA CREDIT CARD, DEBIT CARD OR PAYPAL ONLY)
3.1 If you want to participate in the Competition via credit card, debit card or Paypal, You must first register and open an account with Us using the "Register" facility available on the Website ("Account").
3.2 In order to register and open an Account with Us You must: (a) Be able to comply with all of Our Terms and Conditions, (b) Not be an employee of Us, or an employee of any third party engaged in providing promotion services to Us.
3.3 By registering and opening an Account with Us You warrant that the information (together with any other information which You may from time to time provide to Us, whether as part of the registration process or otherwise) is complete, true, accurate and not misleading in any way.
3.4 As part of the registration process Your email address will be Your Account number and You will select a password which You must not disclose to anyone else. Your attention is drawn to the provisions of paragraph 9.2(b) and (c).
3.5 Only one email address is permitted to be used per Account.
3.6 In the event that as part of any competition or other promotional event operated by Us or on Our behalf We credit Your Account, such credit may only be used by You to place bids on the specified Competitions and may have an expiry date attached to it after which such credit will no longer be available to You. You will not be entitled to claim from Us the financial value of any such unused credits (whether as a result of closing Your Account or otherwise).
4 OFFER
4.1 We may, from time to time, as stipulated offer a Prize to be won by way of a reverse auction themed prize competition (the "Offer") subject to the following conditions:
(a) the Prize shall be awarded to the Player who bids the Unique Lowest Bid and
(b) each Offer shall remain open for such period as We shall stipulate (the "Bidding Period") but may be revoked at any time by notice from Us.
4.2 We will accept only a limited number of Bids per Competition.
4.3 Unless otherwise stated within the Prize description, no Prize shall include reimbursement of any travel and other expenses incurred by the Winner in connection with the receipt of the Prize.
4.4 The Prize does not include costs of transfer of Domain Names that might be applied by certain registrars, such as Nominet. These costs will be met by the User.
5 ACCEPTANCE
5.1 Bids may only be made in pence and cost 1 credit per Bid. The price of credits in each auction may vary. We accept Mastercard, Visa, Switch, Delta, and Maestro cards for bids made online within the UK. Outside the UK for bids made online we accept payment by Mastercard, Maestro, Delta and Visa cards. Online bids cost 1 credit per bid and can only be purchased individually at £1 each, then in blocks of 15 (£10.00), 40 (£25.00), and 100 (£50.00).
5.2 An Offer by Us shall be deemed accepted on receipt by Us of the online Bid from the Player outlining his or her Unique Lowest Bid. Online Bids from Players must be received by Us during the Bidding Period in order to be entered into the Competition. Any online Bids received by Us after the Bidding Period, may be entered into a subsequent Competition, at Our discretion.
5.3 The Unique Lowest Bid shall be determined by Us in our absolute discretion after the expiry of the Bidding Period.
5.4 Confirmation of the identity of the Player with the Unique Lowest Bid shall be communicated to the individual Player by Us, by whatever means it deems appropriate.
5.5 On the acceptance of the Offer by the Player who sends online to Us what is determined to be the Unique Lowest Bid at the close of the Bidding Period ("the Winner"), a binding legal contract is made for the award of the Prize by Us and the Winner assumes full responsibility for the Prize.
5.6 In the event that we deem in our discretion the Winner to have secured the Lowest Unique Bid by way of machine, by way of multiple Accounts registered to email accounts owned by the Winner, by way of multiple email addresses owned by the same Player, or by way of participation in conjunction with a syndicate or group bidding process which is unfair to the Competition, the Winner's Bids will be declared void. Such Bids are non-refundable by Us.
6 PAYMENT AND PASSING OF TITLE
6.1 Where the Prize is a domain name, the Winner shall confirm to Us in writing within fourteen (14) days of notification of the success of his or her Bid, their full name and contact details in order that the domain name can be legally transferred.
6.2 We will arrange for the transfer of the Prize to the Winner. Delivery times for Prize items may be affected by registrar requirements and restrictions. Domain Name Prizes do not include registrar fees that might be levied by certain organisations and these costs are the responsibility of the Winner. Prizes shall be paid by Us at the value of the Prize advertised by Us and are subject to all applicable taxes and/or foreign duties on cash payments (if any). All such taxes and/or foreign duties shall be borne by the Winner.
6.3 Substitute Prizes – The Prize shall be the domain name offered by Us for the particular reverse auction your are entering. No Substitute Prizes will be offered.
7 DISCLAIMER AND LIMITATION OF OUR LIABILITY TO YOU
7.1 Nothing in this Agreement will be construed as excluding or restricting (whether directly or indirectly) Our liability for death or personal injury caused by Our negligence or for fraudulent misrepresentation. Subject to the foregoing, Our liability to You shall be limited to the value of the Unique Lowest Bid whether caused by breach of contract or tort, including negligence or otherwise. For the avoidance of doubt, entries that are incomplete will be deemed invalid. We accept no responsibility for entries lost, delayed or incomplete in transmission.
7.2 In any event, We will not be liable for any damages or losses whether direct or indirect that You may suffer as a result of failure by us to recognise, process or accept Your Bid including, but not limited to access delays or interruptions, data non-delivery or mis-delivery, any acts of God, war or terrorism, breaches of security or unauthorised use of your email address or personal data arising from hacking and /or failure or lack of Internet connection or reception of telephone or mobile telephone networks.
7.3 To the maximum extent permitted by law, all warranties and representations of any kind in relation to the accuracy of the description, or estimated value of the Prize shall be excluded. We undertake no obligation to investigate or carry out any test in sufficient depth on each Prize to verify the accuracy or otherwise of the description given and you should not place any reliance on such descriptions or assume that such investigations have taken place. Accordingly We will not be liable for any misstatement, error or omission from the description of any Prize.
7.4 This Site and its contents are provided by Hollywood Internet Ltd on an "as is" and "as available" basis and no representations or warranties of any kind are made (and are expressly disclaimed to the fullest extent permitted under law) with respect to the Website and its contents, the services and the games.
8 SUSPENSION BY US OF YOUR ACCOUNT
8.1 We reserve the right to refuse any application to open an Account and / or to suspend and / or terminate Your Account and bidding facility:
(a) At any time at our sole discretion and without providing You with reasons for Our decision.
(b) In the event that it transpires that any information You may have provided to Us (including, but not limited to, as a result of the registration process) is untrue, inaccurate, incomplete, out of date or otherwise misleading.
(c) In the event that You fail to provide Us with any information which We may reasonably request from You in order to verify any details which You may have provided to Us.
(d) In the event that You are in breach of Our Terms and Conditions or otherwise use the Website in an unauthorised manner.
9 YOUR OBLIGATIONS
9.1 Your obligations include:
(a) You must inform Us immediately if any of Your Account details or other personal information changes. You can do this using the "View Your Account Details" facility or, by emailing Us at djc@david-carter.com or by writing to Us Hollywood Internet Ltd., 23 Lea Green Lane, Birmingham, B47 6HE.
(b) You must inform Us immediately should any credit/debit card which You have registered with Us become lost or is stolen. You can do this by emailing Us at djc@david-carter.com.
(c) You must inform Us immediately of any actual or suspected unauthorised use of Your Account or email address (including, but not limited to, Your password). You can do this by emailing Us at djc@david-carter.com. Your attention is drawn to clause 7.2.
(d) Your Account and the use of it is personal to You and is Your responsibility. In the event that it transpires that winnings were obtained as a result of a person other than You using Your Account or email address (whether with Your permission or not) the provisions of paragraph 9.2 will apply.
(e) The Competition is provided by Us for Your personal use. You must not seek to commercially exploit it.
(f) You must not do or attempt to do anything which could hamper or otherwise interfere with the operation of Our website.
9.2 We will not pay any winnings or prizes which may be due to You in the event that You breach any of Our Terms and Conditions. In addition, a breach of Our Terms and Conditions may constitute an offence of fraud and result in criminal prosecution.
10 SEVERABILITY
If any provision of these terms and conditions is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.
11 PRIVACY POLICY AND DATA PROTECTION CONSENT
11.1 Information which You provide to Us as part of the bidding process (including but not limited to your name, address and mobile telephone number) and other information which You may supply to Us is subject to Our Data Protection and Privacy Statement.
11.2 The current version of our Data Protection and Privacy Statement shall be deemed incorporated into Our Terms and Conditions. You can view this Statement by clicking here.
11.3 We may hold and use the information You provide for Our future marketing purposes and the marketing purposes of any associated company of any related products. If You do not wish Your details to be held or used by Us or any associated company, You should e-mail Us at djc@david-carter.com and request that this information is removed from Our database.
12 GENERAL
12.1 Our terms and conditions shall be governed by and construed in accordance with English Law. Both You and Us hereby submit to the exclusive jurisdiction of the English courts.
12.2 We reserve the right to review and revise Our terms and conditions from time to time without giving You prior notice and by participating in the Competition subsequent to any revision of Our terms and conditions, you agree to be bound by such changes.
12.3 Entry is only open to Players aged 16 years or over.
12.4 In the event that the Winner does not meet the entry requirements under these Terms and Conditions, the Winner's Bid will be deemed invalid and the Prize shall be awarded to the Player with the next Unique Lowest Bid at Our discretion in accordance with clause 4.4 of these terms.
12.5 All Intellectual Property Rights ("IPR")(including, but are not limited to copyrights, registered designs, patents, trademarks, service marks, design rights (whether registered or unregistered) database rights, trade secrets, rights of confidence and all other similar rights (including applications for the registration of any of the foregoing rights) and all other renewals and extensions thereof in any part of the world) subsisting in the Website and its content or the Competition is either owned by Us or licensed to Us. You may not reproduce any materials without the express prior written consent of Us nor do or attempt to do anything which infringes the Our IPR or any IPR use of which may be licensed to Us by a third party.
