Imotocross.co.uk TERMS & CONDITIONS

www.imotocross.co.uk

Effective date: 7th November 2020

Introduction

Welcome to the iMotocross website which is located on www.imotocross.co.uk (“Site” or “Website”).

This website is operated from the United Kingdom. Please note that “we,” “us”, “iMotocross” and “our” on the iMotocross website refer to www.imotocross.co.uk. We give this website to you, the user, including all content, resources and services accessible from this website, subject to your acceptance of all terms , conditions, policies and notices set out herein.

You agree to be bound by the following terms and conditions (‘Terms’), including those additional terms and conditions and policies listed herein and/or accessible by hyperlink, by visiting our site and/or communicating with us. These Terms and Conditions extend to all users of the Site, including, without limitation, users who are browsers, general users, users of content and/or contributors to the Site.

These terms shall apply to all competitions promoted by www.iMotocross.co.uk  (“Promoter”) and reference to “Competition(s)” shall mean each competition operated by the Promoter via the Promoter’s website.

 

PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES.

By accessing or using our Services, you agree to these Terms, conditions, and all applicable laws. If you do not agree with these Terms or any other of our policy, you should not use the Services.

1. iMotocross – General Information

The Promoter operates the Competitions – skill with prizes – skill-based games operated on the Website resulting in fair and objective award of prizes under these terms and conditions for a competition period until closing date such period individually determined for each Competition. To find out more information on the competitions, please refer to our website

2. Undertaking

By entering a Competition the entrant (‘Entrant’, ‘you’, ‘your(s)’) will be deemed to have legal capacity to do so, you will have read and understood these Terms and Conditions and you will be bound by them and by any other requirements set out in any related promotional material.

You understand skill based games and are not considered gambling and are not regulated under the Gambling Act 2005  as such when the entry is skilled based. The Promoter will not be held responsible for any Entrant entering any of our Competitions unlawfully.

3. Eligibility

The competitions are open to all persons aged 18 and over that are residents of the United Kingdom. Excluding the promoter’s employees, immediate family, professional advisers or anyone else connected with the development or operation of the Business, Website or Competition in any way, shape or form.

4. Competition Terms

  • Competitions may be entered via our Website www.imotocross.co.uk , we may run multiple competitions at one any time and each competition will have a specific 1st prize. Some competitions may also have runner up prizes.
  • Availability and pricing of competitions is at the discretion of the Promoter and will be specified at the point of sale on the Website. There is no requirement to pay to enter the competitions. 
  • In order to enter a competition with imotocross.co.uk you will need to register an account with us online
  • iMotocross 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 terms and conditions.
  • When entering a competition you will need to answer a skill based questions. Wrong answers to this competition will be charged but not entered in the competition.
  • Each Competition will run for a specified period.
  • The Promoter will accept no liability whatsoever for the Prize after delivery, nor does the Promoter insure the Prize against damage, loss or other risk once delivered.  No insurance policy comes with the Prizes and the promoter cannot be held responsible for the Prize once handed over to the winner.

 

5. Winner’s Details

The Winner will be required to show proof of identification satisfactory to the Promoter as a condition of  and prior to delivery of the Prize. Any failure to meet this obligation may result in the Winner being disqualified and the Promoter retaining the Prize. The winner will be required to sign a disclaimer as acceptance of the prize upon acceptance of the prize unless otherwise the prize is deemed to be unsatisfactory, unsafe,

Following receipt and verification of the details requested by the Promoter, the Winners will be contacted in order to make arrangements for delivery of the prize.

 

6. Prizes

The prize details will be clearly displayed on the webpage. Each Prize must be accepted as awarded and is non-transferable or convertible to other substitutes and cannot be used in conjunction with any other vouchers, offers or discounts, including without limitation any vouchers or offers of the Promoter or other prize suppliers. All prizes are sold as seen. Any warranty is as advertised. The Promoter can store the prize free of charge for 30 days after notifying the First Prize Winner, at the end of which time the Prize will be delivered to the Winner. Due to the nature of the winning determining mechanism there will only be one winner per Competition.

 

7. No Contact

If for any reason whatever the Promoter is unable to contact a Winner within 15 days (which may be extended at the sole discretion of the Promoter) of the end of a Competition Period 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 which will remain in the ownership possession custody and power of the Promoter, thereafter the Promoter may in its absolute discretion award the Prize to the second best Entrant as selected under the selection system, or close the Competition completely without selecting a winner.

 

8. Permitted use 

You agree to use the Site and the Services only for purposes that are permitted by these Terms of Use and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.

You will not (and will not attempt to):

  1. Access any of the Services by any means other than through the interface that is provided by iMotocross;
  2. Gain unauthorised access to iMotocross’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, iMotocross’s networks, and computer systems;
  3. Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
  4. Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
  5. Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
  6. Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by iMotocross in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.

 

9. Limited License and Site Access; Acceptable Use

You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

 

10. Accounts, Registrations, and Passwords

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer.  If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. iMotocross is not responsible for any errors or delays in responding to any inquiry or request caused by any outdated or incorrect information provided by you or any technical problems beyond the control of iMotocross. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a “Password”) is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify iMotocross immediately of any breach of security or unauthorized use of your account. iMotocross cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on this Site.

 

11. Intellectual Property Rights

Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site.  All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at _____@imotocross.co.uk

In addition to the intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site.

 

12. Monitoring Activity

iMotocross has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. iMotocross has no obligation to display or post any content. iMotocross reserves the right to disclose, at any time and from time to time, any information or posted the content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. iMotocross shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by iMotocross or any other party.

 

13. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, iMotocross EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.

 

14. Limitation of Liability

The Promoter makes no representations or warranties as to the quality/suitability of any of the goods or services offered as prizes. Except for liability for death or personal injury caused by the negligence of the Promoter, the Promoter shall not be liable for any loss suffered or sustained to person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods by any person to the prize Winner(s) and, where applicable, to any family/persons accompanying the Winner(s), or in connection with any of the Competitions promoted by the Promoter.

 

15. Privacy

The Entrants and the Promoters recognise that the Promoters may use contact details and other data including personal data as defined by the Data Protection Act 1998 supplied by the Entrants to the Promoters to administer the Website and conduct the Competition according to these Terms and Conditions. The Entrants and the Promoters also recognise that the Promoters may (either by choice or at the request of a third party) also disclose this information to relevant third parties for the purposes of the prevention of fraud, money laundering, legal or other financial or regulatory reasons.

By entering a Competition, you agree to the use of your name, address, and/or photograph or other likeness, as well as your appearance at publicity events without any additional compensation and as required by the Promoter if you are declared a Winner.

 

16. Indemnification

You agree to indemnify and hold iMotocross and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.

 

17. Dispute Resolution & Governing Laws

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

These Competitions are governed by UK Law and any matters relating to the Competition will be resolved under UK Law and the Courts of  UK shall have exclusive jurisdiction of the U.K. courts where www.imotocross.co.uk is based in.

 

18. Changes

We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.

 

19. Electronic Communications

When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.

 

20. Severability

If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

 

21. Assignment

We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.

 

22. Force Majeure

iMotocross is not liable for any delays caused by circumstances beyond iMotocross’s control, e.g. general labor dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, iMotocross shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and iMotocross are entitled to terminate the purchase with immediate effect.

 

22. Entire Agreement

These Terms and Conditions set forth the entire understanding and agreement between you and iMotocross concerning the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive iMotocross’s right to act concerning subsequent or similar breaches.

 

23. Term and Termination

This agreement becomes effective the date that you first access the Site and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Site. Such restrictions may be temporary or permanent. Upon termination, your right to use this Site shall be revoked. All disclaimers, limitations of liability, indemnities, and rights of ownership and licenses to iMotocross shall survive any termination.

 

24. Contact Us

For any questions, complaints, and queries or to report any violations, kindly send an email on ____@imotocross.co.uk