OFFICIAL RULES
Effective 20 November 2024
PLEASE READ THESE OFFICIAL RULES CAREFULLY AND CHECK THEM REGULARLY. THIS IS A BINDING CONTRACT BETWEEN YOU AND PROMOTER. THESE OFFICIAL RULES MAY CHANGE FROM TIME TO TIME (SUBJECT TO SECTION 16, BELOW).
No purchase, payment, or donation of any kind is necessary to enter or win. All entries into a Prize draw have an equal chance of winning.
- THE PROMOTER: Simon Howie Machinery Limited (referred to herein as “SHM” or “Promoter”) is a private limited company organised under the laws of Scotland, with company number SC452528, registered office at The Harbour, Shore Road, Perth, PH2 8BD and VAT number 168626474. SHM is a Limited Company whose nature of business is the sales of trucks and other motor vehicles and machinery and the sale of truck parts and accessories.
- APPLICABILITY OF THESE OFFICIAL RULES: These Official Rules provide the general terms and conditions applicable to only this prize draw for Scania R620.
- Binding Contract. These Official Rules form a binding contract between Promoter and each Prize Draw participant (a “Participant”). If you do not agree to these Official Rules do not enter the Prize Draw(s).
- Updates to the Official Rules. These Official Rules may be updated from time to time. Please check these Official Rules each time you enter our Prize Draw to ensure that you understand the terms that apply at the time that you enter that Prize Draw.
- ELIGIBILITY: To be eligible to enter a Prize Draw or be awarded the prize, a Participant must fully comply with the Official Rules. Prize Draws are only open to individuals who at the time of entry to a Prize Draw and at the time the Winner/ Potential Winner (as appropriate) is selected: (i) are at least 18 years of age. SHM may require Participants to provide documentary evidence (e.g. copy of a passport, driving licence or recent utility bill) to verify their eligibility.
- Prohibited persons:
- any employees, officers, and/or directors of SHM;
- any employees, officers, and/or directors of the following (collectively the “Prize Draw Partners”): (a) third-parties involved in the administration of the Prize Draw and (b) any contractor or other partner engaged by SHM under a contract which expressly prohibits the contractor/ other partner from entering a Prize Draw;
- the immediate family members of (meaning, spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and/or those living in the same household (whether or not related) as the employees, officers and/or directors of SHM
- HOW TO ENTER: Each Prize Draw will have a starting date and time and ending date and time. Only those entries received by Promoter during the Entry Period will be valid. Promoter will be the official timekeeper for the Prize Draw. The closing date will be when 1500 tickets are sold and paid for. Follow the instructions given to enter. You will need to provide your full, legal name, contact and payment information, and complete your payment. You can enter as many times as you wish. Free postal entries (1 per person) will be accepted by post only and are to be sent to Simon Howie Machinery Ltd, The Harbour, Shore Road, Perth, PH2 8BD.
- ENTRY LIMITATIONS AND RESTRICTIONS: Only accurate and complete entries submitted and received by Promoter during the Entry Period are eligible. Any inaccurate, incomplete, illegible, corrupted, or untimely entries are void and ineligible to win. Proof of submission will not be deemed to be proof of receipt by Promoter. Promoter is not responsible for lost, late, illegible, mutilated, delayed, postage due, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, or for other submission problems of any kind, whether caused by mechanical, human or electronic error, all of which are void and ineligible to win. Additionally, Promoter is not responsible for any telephone, electronic, hardware, software, network, Internet, or computer malfunctions, failures, or difficulties. If a Participant’s entry fee is refunded, any entries associated with such entry fee will be withdrawn and not eligible to win.
- Valid Email Address: Participants must not use multiple email addresses or identities to enter our Prize Draws, and doing so may void all entries for that Participant and result in disqualification of the Participant at Promoter’s discretion. To receive valid entries, at the time of submission, Participant must provide a valid email address for which the Participant is the authorised owner. Multiple Participants may not share the same email address. In the event of a dispute as to the identity of any Participant, the authorised account holder of the email address used to enter will be deemed to be the Participant. The “authorised account holder” is the natural person assigned an email address by an internet access provider, online service provider or other organisation responsible for assigning email addresses for the domain associated with the submitted address. Potential Winners and/or Winners (as defined below) may be required to show proof of being the authorised account holder. Any entries connected to an invalid, non-working, or inactive email address, or linked to an authorised account holder other than Participant, are void and ineligible to win.
- No Automated Entry Devices: All entries must be submitted by the individual Participant to be valid, except where it is expressly stated in these Official Rules that entries will be given automatically to eligible Participants. Use, or attempted use, of any robotic, automated, programmed, mechanical, or other non-manual entry methods, will void all entries for that Participant and result in disqualification of the Participant from all Prize Draws, at Promoter’s discretion. No copies, facsimiles, or other mechanical or electronic reproductions of entries will be accepted. Promoter, using its reasonable discretion, will determine whether a Participant has used or attempted to use any such prohibited automated entry methods.
- Contact Details: By entering any Prize Draw, you agree that SHM may contact you via email, phone, and mail in connection with the Prize Draw in accordance with the Privacy Notice.
- RELEASE: The Participant releases the Prize Draw Partners, and any advertising platform used in connection with the promotion of any Prize Draw, including, without limitation, the Facebook platform owned and operated by Meta Platforms, Inc., Google LLC, Instagram, Inc., Pinterest, Inc., Reddit, Inc., Snap Inc., Twitter, Inc., TikTok, and any of their respective parents, subsidiaries and affiliates (collectively “Advertising Platforms”) from all liability, loss or damage or expense arising out of or in connection with participation in any Prize Draw or the acceptance, use, or misuse of any Prizes.
- WINNER DRAWINGS: Potential winner(s) of a Prize Draw (each a “Potential Winner”) will be selected using a verifiably random process from among all eligible entries received. The drawing will occur on or after the end of the Entry Period. The selected winning unique entry code(s) will be announced on our Advertising Platforms following the drawing, with the identity of the winner announced following the completion of all identification and verification processes in accordance with these Official Rules. Once confirmed and verified as eligible to win, a Potential Winner is referred to herein as a “Winner.” The odds of winning depend on the number of eligible entries received during the Entry Period.
- WINNER NOTIFICATION PROCESS: Potential Winners will be contacted using the email address used to enter the Prize Draw and may be awarded the Prize(s) subject to confirmation of verification of eligibility and compliance with the terms of these Official Rules. Potential Winners must respond to the Potential Winner notification email within 96 hours of it being sent (or the time frame indicated in the Potential Winner notification email, if longer than 96 hours). If a Potential Winner fails to respond to the notification email within the stated timeframe, then that Potential Winner may be disqualified and will forfeit any claim to any Prize. After sending the Potential Winner notification email, to the extent a phone number has been provided, Promoter reserves the right to also contact Potential Winners via phone as well.
- CONFIRMATION AND VERIFICATION OF POTENTIAL WINNERS: A Potential Winner will only be confirmed as the winner eligible to receive the Prize after Promoter has completed verification of Potential Winner’s eligibility to win and confirmed Potential Winner’s compliance with the Official Rules. The Potential Winner must be willing and able to claim and/or accept the Prize in full in the period specified by Promoter. Potential Winners are subject to confirmation and verification by Promoter, by whatever reasonable means required by the Promoter. To be confirmed and verified as eligible to win, a Potential Winner and the Potential Winner’s guest(s), if applicable, must comply with these Official Rules. Promoter’s decisions are final and binding in all matters related to the administration, operating, drawing, verification of the Winner, and all issues related to the Prize Draw.
- Winner Documentation: To receive the Prize, and as part of the Winner confirmation and verification process, Potential Winner (and any guests of Potential Winner, to the extent that a Prize includes participation by one or more guests) must accurately complete and promptly return any legal releases or documentation (for instance, if the Prize involves attendance at an event and/or travel, health and safety forms, including any vaccination attestations, including, providing proof of the same in a format determined by Promoter’s reasonable discretion) reasonably required by Promoter or the provider of the Prize(s) (where permitted by law) and/or any other document necessary to confirm and verify a Potential Winner’s eligibility and ability to participate on given dates relevant to the Prize Draw (if applicable) (collectively the “Winner Documentation”). Potential Winner must fully and accurately complete Winner Documentation and return all such documentation by the reasonable date specified by Promoter, or the Potential Winner may be disqualified and will forfeit any claim to any of the Prize(s).
- Background Checks: Except where legally prohibited, SHM reserves the right to conduct background screenings or security checks, at its discretion, on a Potential Winner and any Potential Winner guests, where applicable, and the Potential Winner agrees to sign any necessary documentation required for such checks. This will always be done in accordance with SHM’s Privacy Notice. Promoter reserves the right to disqualify any Potential Winner and any Potential Winner’s guest(s) based on the results of such background check (or the background check of Potential Winner’s guest(s), if applicable), if Promoter reasonably determines that awarding the Prize(s) to such Potential Winner and/or Potential Winner’s guest(s) would (i) contravene any relevant law or regulation; or (ii) be likely to put Promoter, any of the other Prize Draw Partners, or any other third-party in danger. Unless legally required, Promoter is not obligated to clarify, confirm, or share any specific results of a background screening or security check with any Potential Winner or any Potential Winner’s guest(s), whether the background screening or security check resulted in disqualification or not. When requested, Potential Winner and Potential Winner’s guest(s), if applicable, must provide authorisation and/or complete any forms reasonably needed to facilitate such a background screening or security check. If Potential Winner and/or Potential Winner’s guest(s) fails to sign and return the required documentation within the period specified by Promoter, Potential Winner and/or Potential Winner’s guest(s) may be disqualified and will forfeit any claim to any of the Prize(s). Potential Winners and Potential Winner guests will not be disqualified based on race (including colour, nationality or ethnic or national origin), religion or belief, gender reassignment, sex, sexual orientation, marital status, or pregnancy and maternity, or any other protected characteristics.
- WINNER DISQUALIFICATION: A Participant, Potential Winner and/or Winner may be ineligible to receive the Prize(s) and/or disqualified for the following reasons: (i) failures to meet all of the eligibility requirements stated in the Official Rules, (ii) failures to abide by these Official Rules (iii) failure to provide a valid email address at the time of entry, (iv) failure to respond to the Potential Winner notification email within the time specified in these Official Rules, (v) SHM, having made all reasonable attempts to do so, is unable to contact the Potential Winner within 96 hours of the relevant drawing of the Potential Winner for the Prize Draw, (vi) SHM is unable to verify the identity and verification of the Potential Winner to its reasonable satisfaction within 7 working days of the relevant drawing of the Potential Winner for the Prize Draw, (vii) failure to timely complete Winner Documentation and/or background screening and/or security check documents, (viii) failure to pass the background screening and/or security check to Promoter’s reasonable satisfaction, (ix) the provision of false, incomplete and/or misleading information to Promoter or any of the other Prize Draw Partners, (x) the commission of any fraud or deception in connection with any Prize Draws, use of the Advertising Platforms, and/or relationship with Promoter, (xi) acting in a threatening, abusive, or harassing manner, at any time before or during the awarding of the Prize(s), to the Promoter and/or any of its personnel, (xii) inability to timely accept the Prize(s) for any reason, including, but not limited to, inability to travel to the location where the Prize(s) is being fulfilled and/or delivered, and/or injury or death, and (xiii) the inability of Promoter to timely award or otherwise fulfil the Prize(s) due to circumstances beyond Promoter’s reasonable control, including, but not limited to, legal restrictions, acts of God, natural disasters, pandemics/epidemics, terrorism, and/or weather.
If a Potential Winner is determined to be ineligible and/or disqualified for any reason, an alternate Potential Winner will be selected using a verifiably random process from among all remaining eligible entries. This process will be repeated until the Prize(s) is awarded. Any alternate Potential Winner will be notified as per the procedures outlined in these Official Rules.
- PRIZES: Subject to any restrictions expressly stated in the Official Rules, Winners will receive the Prize identified on the Prize Draws Advertising Platforms. Private Registration Number EAS 55Y is not included in the prize, this is solely for advertisement purposes only. The Registration belonging to the truck is IXZ 5052. A cash alternative is also available at £75,000. SHM reserves the right to forfeit this offer and if all tickets are not sold.
- Unless expressly stated, Winners are solely responsible for any and all applicable taxes, fees and expenses related to acceptance, ownership and use of a Prize. Once Prizes have been provided to the Winner, SHM will not replace any lost or stolen Prize(s) or components of a Prize. Prize(s) cannot be used in conjunction with any other promotion or offer.
All Winners are entitled, at their discretion, to decline to accept some or all of the Prize(s) at any time up to the date on which they are announced as the Winner, and, in such instances will be deemed to have forfeited the Prize. If at any time and for any reason a Winner chooses to reject some or all of the Prize(s), or fails to accept the delivery of the Prize(s) within a reasonable period, Winner will not be entitled to any alternative Prize, in whole or in part, or any other compensation of any kind, and SHM shall have no obligation to award the rejected or unclaimed portion of any Prize(s) to an alternative winner.
- Prize manufacturers: Our Prize Draw is not sponsored, endorsed, approved, or affiliated with the manufacturer of the Prize(s) being awarded. Prize manufacturer names and logos are the trademarks and property of the manufacturer of the Prize.
- Winner will be solely responsible for any additional equipment/accessories, insurance, fuel, vehicle maintenance and all other fees and expenses associated with the receipt and use of any vehicle-related Prize. For any Prize vehicle, neither Promoter, other Prize Draw Partners, nor the vehicle manufacturer has made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact, or law, relative to the Prize vehicle, including but not limited to its quality, mechanical condition or fitness (other than those which cannot be excluded by applicable law). Notwithstanding, the Prize vehicle may include the manufacturer’s standard vehicle limited warranty, as stated in the vehicle’s Owner’s Guide. Actual Prize Draw vehicle to be awarded may not be the vehicle depicted in advertising but is of similar specification. Promoter will determine the interior/exterior colours of the vehicle at its sole discretion. The Winner may be required to show proof of valid insurance and driver’s licence prior to receipt of the vehicle. The Winner must take delivery of vehicle at a location and time of SHM’s reasonable request. SHM reserves the right to delay vehicle delivery or substitute a similar vehicle of equal or greater value should the vehicle as described be unavailable for any reason beyond SHM’s reasonable control.
- Prizes That Include Attending an Event: If the event is delayed or rescheduled for any reason beyond SHM’s control, no compensation will be given to the winner for any costs incurred (such as travel, accommodation, sundries etc). Winner’s guest(s) must be 18 or older or the Winner who accompanies them must be their parent or legal guardian, unless as otherwise specified.
- PUBLICITY: SHM reserves the right to publish or make available information that indicates that a valid award took place for each of the Prize Draws – for example, the surname and country and county of residence of the Winner. Affected Winners have the right to object to all or part of this information being published or made available – in such event they should inform SHM in writing. In such circumstances, entrants acknowledge that SHM must nevertheless still provide the information and winning entry to the ASA or equivalent regulator on request.
SHM will require that winners participate in any reasonable publicity required by SHM.
- GENERAL CONDITIONS: SHM reserves the right to cancel, suspend, and/or modify a Prize Draw, in whole or in part, due to any fraud, bugs, virus, technical failures, changes in the law, or any other factor beyond SHM’s reasonable control that impairs the integrity or proper functioning of a Prize Draw, as reasonably determined by SHM. Promoter reserves the right, in its sole discretion and at any time, to conduct maintenance for the Advertising Platforms or its systems that may suspend or otherwise impact access to a Prize Draw.
WARNING: ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL DELIBERATELY TO DAMAGE ANY ADVERTISING PLATFORM ASSOCIATED WITH A PRIZE DRAW OR UNDERMINE, OR ATTEMPT TO UNDERMINE, THE LEGITIMATE OPERATION OF A PRIZE DRAW MAY BE A BREACH OF LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, SHM RESERVES THE RIGHT TO CLAIM AGAINST AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
SHM RESERVES THE RIGHT TO DISQUALIFY ANY INDIVIDUAL IT FINDS TO BE ATTEMPTING TO TAMPER WITH OR UNDERMINE THE ENTRY PROCESS, THE ADVERTISING PLATFORMS, AND/OR THE LEGITIMATE OPERATION OF THE PRIZE DRAW; TO BREACH THE OFFICIAL RULES; OR TO ACT IN AN UNSPORTSMANLIKE OR DISRUPTIVE MANNER OR WITH THE INTENT TO ANNOY, ABUSE, THREATEN, OR HARASS ANY OTHER PERSON.
- CHANGES TO THESE OFFICIAL RULES: SHM may amend these Official Rules at any time and you agree that you will be bound by any changes to these Official Rules from the date they are published. If, however, you have already entered a Prize Draw, the changes will not apply to any entries that you have already submitted, but they will apply to any future entries that you submit after the date on which the change becomes effective. The date of last revision of these Official Rules is included at the top of this page.
- PARTICIPANT’S BREACH OF THESE OFFICIAL RULES: Participant is responsible for compensating the following persons in full for any losses or damage they suffer which is a foreseeable result of Participant’s breach of these Official Rules: Promoter, all the other Prize Draw Partners, and their respective parent, subsidiary, and affiliated companies, and any other person or organisation responsible for sponsoring, fulfilling, administering, advertising, or promoting a Prize Draw. Loss or damage is foreseeable if it was an obvious consequence of the Participant’s breach or if it was contemplated at the time that Participant entered the relevant Prize Draw.
- LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY: Nothing in these Official Rules excludes or limits SHM’s liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
If SHM fails to comply with these Official Rules, SHM will be responsible for the loss or damage Participant suffers that is a foreseeable result of SHM’s breach of these Official Rules or its negligence, but SHM is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by Participant and SHM at the time that Participant entered the relevant Prize Draw.
Notwithstanding the second paragraph of this section and save as set out in the first paragraph of this section, SHM’s maximum liability to you under these Official Rules, our aggregate liability to you or any third party in any circumstance shall not exceed one hundred British pounds sterling (£100).
If for any reason, a Participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant’s sole remedy is another entry in a Prize Draw.
- GOVERNING LAW; JURISDICTION: These Official Rules are governed by the laws of Scotland. This means that your participation in the Prize Draws and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by Scottish law. You can bring proceedings in respect of these Official Rules in the Scottish courts. However, as a consumer, if you live in another part of the UK, you will also benefit from any mandatory provisions of your local laws and can bring legal proceedings in respect of these Official Rules in either the Scottish courts or the competent court of your country of habitual residence.
- GENERAL:
- Amendments/Revisions: These Official Rules may only be amended and/or revised in writing by SHM (including by publishing such revisions by SHM on the Advertising Platforms).
- Relationship of Parties: You agree that no joint venture, partnership, employment, or agency relationship exists between you and SHM because of these Official Rules or your use of the Advertising Platforms.
- Assignment: SHM may assign these Official Rules, in whole or in part, to any person or entity at any time with or without your consent, provided that such assignment will not affect your rights or obligations under these Official Rules, SHM will notify you in advance of such assignment, and you may withdraw from any Prize Draw in the event you object to SHM’s assignment of these Official Rules. You may not assign these Official Rules without SHM’s prior written consent, and any unauthorised assignment by you shall be null and void.
- Severability: Each of the terms of these Official Rules operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining terms will remain in full force and effect.
- No Waiver: If we fail to insist that you perform any of your obligations under these Official Rules, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- PERSONAL INFORMATION: Promoter only uses Participant’s personal information in accordance with the SHM Privacy Notice (together referred to here as the “Privacy Notice”).
- CONTACTING SHM: SHM is the promoter of the Prize Draw. WRTS and WR International Truck Sales are trading names of Simon Howie Machinery Limited. All questions and concerns regarding these Official Rules should be directed to info@wrcompetitions.co.uk. Alternatively, you can write to us at: Simon Howie Machinery Limited, The Harbour, Shore Road, Perth, PH2 8BD.