Terms and Conditions for the Mercedes-Benz prize draw to win a Yonda Tour - a London sightseeing experience in a smart car
Mercedes-Benz Cars UK Limited smart car customers who have provided their email details, opted to receive email communications, are resident in the UK, and who are aged 18 or older shall receive an email on Wednesday 25 April 2018 (the “Email”) inviting them to enter into a free prize draw (the “Draw”) for a chance to win one of one hundred vouchers (the “Prize”) for a Yonda Tour – a London sightseeing experience in a smart car with a virtual tour guide (the “Event”).
The following terms and conditions apply to the Draw:
The Promoter is Mercedes-Benz Cars UK Limited (Company Number 02448457) whose registered address is Mercedes-Benz Uk Limited, Delaware Drive, Tongwell, Milton Keynes, Buckinghamshire, MK15 8BA (the “Promoter”).
The Event Provider is View Ventures Limited (Company Number 8910466) whose registered address is Q-Park, Park Lane, London W1K 7AN (the “Event Provider”, “Yonda”).
In these terms and conditions, references to masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
Headings are used for reference only and do not constitute terms of this contract.
Eligibility & Entering
1. To enter into the Draw you must click the entry button on the Email between the time the Email is sent on Wednesday 25 April 2018 (the “Start Date”) and 23:59:59 on Saturday 28 April 2018[BL(1] [LM(2] (the “Closing Date”).
2. Entrants must be smart car customers of the Promoter who have provided their email details, opted to receive email communications, are resident in the UK and aged 18 or older at the time of entry.
3. Any entries received either before the Start Date and/or after the Closing Date will not be entered into the Draw.
4. There is a limit of one entry per person.
5. Employees of the Promoter and its group companies, their agencies and families, dealer network and anyone professionally connected with the Draw are not eligible to enter.
6. No purchase is necessary.
7. One hundred winners of the Prize will be selected at random on Saturday 28 April 2018 from all valid entries received (the “Winners”). The selection of the Winners shall be conducted by a computer process that produces verifiably random results, and the selection will be final.
8. Once the Winners have been selected, they will be notified by email (“Notification Email”) from Tuesday 1 May 2018 (“Notification Date”).
9. Each Winner will receive one unique voucher code for the Event within their Notification Email. The Notification Email will also contain a link to the Event Provider’s website where the unique voucher code can be redeemed at check-out by making a booking for the Event. No physical vouchers will be provided.
10. In the event that the Promoter is unable to make contact with any Winner within 48 hours of the Notification Date, the Promoter may elect to select a new winner from the remaining entrants.
11. Unsuccessful entrants will not be notified, but will be entitled to request details of the Winners by writing to the registered office of the Promoter (as shown above).
12. Any entrant and/or participant who has provided false or misleading information and/or has breached these terms and conditions will be immediately disqualified from the Draw.
The Prize and the Event
13. Each Winner can use the Prize to book the Event in either a ‘fortwo’ smart car or a ‘forfour’ smart car, at the Winner’s election. Subject to clause 16, if a Winner chooses a ‘fortwo’ smart Car, the Prize will cover an Event for the Winner and one other person (“Guest”) and if a Winner chooses a ‘forfour’ smart Car, the Prize will cover an Event for the Winner and three other Guests.
14. Each Winner must accept the Event Provider’s Terms and Conditions (“Event T&C’s”) in order to make a booking for the Event. The Event T&C’s are available to view in full at: https://www.goyonda.com/legal.
15. Under the Event T&C’s, to be eligible to drive a smart car at the Event, the relevant person must at the time of the Event (the following is a non-exhaustive list - for a full list of provisions see: https://www.goyonda.com/legal):
15.1. be aged at least 25 years and not older than 75 years;
15.2. have held a valid full driving license for 24 months or more and if it is a non-EU licence, have not been resident in Great Britain for more than 12 months and last entered Great Britain not more than 12 months ago;
15.3. have not been convicted of an offence in connection with the driving of a motor vehicle or motorcycle and/or not had his/her license endorsed or suspended, other than (i) parking and not more than 2 accepted motoring offences resulting in up to 6 points in the past 3 years; and (ii) “spent” convictions, covered by the Rehabilitation of Offenders Act 1974;
15.4. have not been involved in more than one fault motor accident in the last 3 years;
15.5. not suffer from a disability or medical condition that must be notified to the UK Driver and Vehicle Licensing Agency (the “DVLA”) which has not been notified to the DVLA; and
15.6. not be engaged in any of the following acts, occupations or professions: professional entertainment or theatrics; professional sport; a jockey or engaged in connection with racing of any sort; a member of non-UK Armed Forces service personnel born outside the UK aged under 30 years; a member of the United States Armed Forces; a street and/or market trader.
16. In the event that a Winner is not eligible to drive a smart car at the Event due to the restrictions contained in the Event T&C’s (including those set out in clause 15 above), or if the Winner does not wish to drive at the Event, the Winner may take part in the Event as a passenger. If a Winner takes part in the Event as a passenger:
16.1. where they choose a ‘fortwo’ smart car, the Prize will cover an Event for the Winner and one Guest where the Guest is eligible and willing to drive, or, in the event that the Winner does not bring a Guest who is eligible and willing to drive, the Prize will cover an Event for the Winner only (who shall take part as a passenger alongside a driver allocated by the Event Provider);
16.2. where they choose a ‘forfour’ smart car, the Prize will cover an Event for the Winner and three other Guests where one of the Guests is eligible and willing to drive, or, in the event that none of the Guests are eligible or willing to drive, the Prize will cover an Event for the Winner and two other Guests (all of whom shall take part as passengers alongside a driver allocated by the Event Provider).
17. Any and all Guests must be aged 4 years or older.
18. The Event typically lasts for ninety minutes. The Event Provider will allow up to 120 minutes for each Event.
19. Bookings for the Event are made directly with the Event Provider on the Event Provider’s website and are subject to the availability offered by the Event Provider. The Event Provider’s website shows a live calendar of available dates for the Event from which the Winner can select a date on or before 31 December 2018.
20. There is no cash alternative available and the Prize is non-refundable and non-transferable.
21. The Promoter reserves the right to withhold any Prize under these terms and conditions if they have been breached. In the event of breach, the Draw may be re-opened.
22. The Prize may not be sold, offered for sale, used for competitions, coupled or bundled with any other product or services, or used for any commercial or promotional purposes whatsoever.
23. Winners and their Guests are responsible for their own travel costs to and from the Event.
24. Winners must redeem the Prize and experience the Event on or before 31 December 2018, or the Prize shall expire and no refund or replacement shall be provided.
25. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these terms and conditions and the remaining clauses shall survive, remain in full force and effect.
26. Entry into the Draw shall constitute your acceptance of these terms and conditions.
27. Winners agree to the use of their name and image in any promotional activity following the Draw without remuneration and for the Promoter to provide their details to unsuccessful entrants making a request pursuant to clause 11.
28. The Promoter reserves the right to withdraw, postpone and/or amend the Draw at any time without notice.
29. The Promoter is providing unique voucher codes for the Event only. The Promoter accepts no liability arising out of or in connection with the Event. The Event Provider is responsible for the Event itself.
30. Except in the case of:
30.1. Death or personal injury arising from its negligence;
30.3. Fraudulent misrepresentation; and/or
30.4. Any liability which cannot lawfully be excluded and/or limited
None of the Promoter, its group companies and their officers, employees, consultants, representatives, agents, personnel and/or other staff shall be liable in respect of any claim, demand, cost, expense and/or liability arising out of or in connection with these terms and conditions.
31. The Promoter shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation, technical and computer faults, system failures, network errors, website unavailability, hacks on the system, personal computer issues, failures and malfunctions or any other circumstances amounting to force majeure or any other issue out of our reasonable control.
32. These terms and conditions shall be governed and construed and have effect in all respects in accordance with English Law and the courts of England shall have exclusive jurisdiction over any proceedings arising out of or in connection with them.