1. This Prize Draw is run jointly by Yahoo! UK Limited (company number 03244285),
125 Shaftesbury Avenue, London WC2H 8AD, United Kingdom ("Yahoo!") and Mazda Motors UK
Limited (company number 04212655), Riverbridge House, Anchor Boulevard, Dartford, Kent,
DA2 6QH (“
2. By entering this Prize Draw you agree to these terms and conditions which will at that time become binding between you and the Promoters. Your participation in the Prize Draw is in consideration for the Promoters allowing you to enter it and giving you the opportunity to win.
3. No purchase is necessary in order to enter the Prize Draw. There is no fee charged to enter into this Prize Draw other than the cost of you accessing the Internet which you would otherwise have.
4. You must be over 21, hold a clean UK driving license which is valid for insurance purposes and up to date (i.e. correct address, points removed when they are no longer valid and must not be provisional) and be a resident of the United Kingdom to enter into this Prize Draw and receive the prize if you win. Employees of the Promoters or any of their group companies or its agencies associated with this promotion are not eligible to enter or participate. Entrants will be deemed be the natural person to whom the email address (provided on entry) is registered. Only one entry per person is permitted.
5. To be eligible, you must submit your application as detailed on the Prize Draw entry submission page. The start date of the Prize Draw is 18 October 2010 and all entries must be received no later than 2359 hours (UK time) on 22 December 2010 at which time the offer of this Prize Draw will end. No responsibility will be taken by the Promoters for any entries that are illegible, misdirected, lost for technical or other reasons or received after the closing date.
6. The prize for the Prize Draw is a bespoke Zoom-Zoom break experience, having a total cash value of £2000 and as detailed below (the “Prize”). Any pictures used to promote the Prize are for information only. The Prize shall consist of and be subject to the following conditions:
(a) an extended test drive experience in a fully fuelled Mazda car (to be allocated at the sole discretion of Mazda (the “Car”));
(b) 6 nights’ accommodation and food allowance for two (2) adults and up to three (3) children (who must be under 18 at the time of travel) to any of the below European destinations:
All travel costs will be included, the particulars of which will be determined between the winner and Mazda depending on the bespoke Prize to be organised.
(c) winners may be required to pay for some elements of the Prize themselves. For the avoidance of doubt, all other costs or incidentals involved in the Prize not specifically set out here, including but not restricted to, some transfer costs, additional hotel charges, restaurant or bar charges and leisure activities, shall be met by the winner;
(d) it is the winner’s responsibility to collect the Car from the selected Mazda showroom and only the allocated winner shall be eligible to drive the Car;
(e) Mazda will provide a third party only insurance policy for each Car. Personal effects and clothing carried in the Car are not covered under the Mazda insurance policy. Winners and guests are responsible for their own property (including clothes, cameras etc.) and must keep these safe at all times. Mazda accepts no responsibility for loss, theft or damage to property unless caused by Mazda’s negligence;
(f) the winner be expected to present their driving license for inspection before participating. Failure to do so will prevent the winner from driving any Cars. As stated previously, all entrants must hold a clean UK driving license which is valid for insurance purposes and up to date (i.e. correct address, points removed when they are no longer valid and must not be provisional);
(g) It is the responsibility of the winner to notify the Mazda booking representative if they have acquired 6 or more penalty points on their driving licence, are banned from driving or received a dangerous driving offence, drink or drug related offence or offence of driving without insurance.
(h) Prize travel must be taken by end of 30th April 2011;
(i) Zoom-Zoom Break experiences will be pre-determined and offered across a choice of 3 weeks. It is the responsibility of the winner to ensure that they are available to attend a Zoom-Zoom Break experience and Mazda will not have any liability for missed or cancelled experiences except where due to its own negligence;
(j) the winner will be required to sign Mazda’s standard declaration for drivers of vehicles provided by Mazda and by participating in the Prize Draw, all entrants agree to be bound by these Terms and Conditions;
(i) the winners’ passports (if relevant) must all be valid for at least a 6 month period from the date of travel. The winners will be required to obtain their own travel insurance;
(j) the Promoters shall not be held responsible for (i) any injuries, damages or losses caused to any prize winner in conjunction with terrorist activities, social or labour unrest, natural or nuclear disaster, flood, fire, diseases, local laws, climatic conditions, abnormal conditions or developments, or any other actions, or conditions outside the control of the Promoters; nor (ii) any change, compensation, cancellation, loss, damage, expense or failure to perform any contractual obligation which is due to any event or circumstances which the Promoters and/or their suppliers could not foresee or avoid;
(k) the winner may be required to take part in publicity (including photographs and filming). The winners’ name and county may be disclosed in advertising material;
(l) there is no cash alternative to the Prize; and
(m) ‘Zoom-Zoom’ is a registered trade mark of the Mazda Motor Corporation (Japan) and is used under license.
7. Mazda will select the winner at random from amongst the complete entries on 23rd December 2010. Mazda’s decision is final and no correspondence will be entered into. The winner will be contacted via email or by telephone or as a last resort by post.
8. Every reasonable effort will be made to contact the winner. If the winner cannot be contacted within ten days of such attempted contact, the Prize will revert to Mazda and may be awarded to another entrant at Mazda’s absolute discretion.
9. For the purposes of the Data Protection Act 1998, Mazda shall be the data controller for the Prize Draw (data protection registration number: Z5739409). Your personal information will be used by the Promoters to conduct the Prize Draw, for participation in the prize and additionally in accordance with Yahoo!'s Privacy Policy, currently located at http://privacy.yahoo.com/privacy/uk, subject to the following, which shall be in addition to the Privacy Policy:
(a) Yahoo! shall pass your details to Mazda for the purposes of selecting the winner and prize fulfilment; and
(b) entrants’ personal data will not be transferred to entities other than Mazda or outside of the EEA. The Zoom-Zoom Break competition requires entrants to consent to Mazda holding their personal data in order to be eligible for the Prize Draw.
10. You agree to the processing by the Promoters and their affiliates of personal information about you submitted when you enter this Prize Draw or collected if you participate in the Prize for the purposes and in the manner set out above or in the Yahoo! Privacy Policy.
12. Except as otherwise required by applicable law, the Promoters are not responsible for any loss or damage associated with you entering into this Prize Draw, the carrying out of the draw or the provision or otherwise of any aspect of the Prize or any act or omission of any other person or party, and all warranties, conditions and representations (of any kind) not expressly set out in these terms and conditions are hereby excluded.
13. The Promoters may terminate these terms and conditions, the Prize Draw or the Prize if you do not comply with any of these terms and conditions or are unlikely to do so, or thereafter if any circumstances beyond the Promoter’s reasonable control prevent or restrict the Promoters or any other person or party from providing the prize or any aspect of the prize.
14. You agree that (unless applicable law requires otherwise) any right that you have under applicable law to cancel ends when the winner of the Prize Draw is announced. If thereafter you cannot participate in the Prize for reasons beyond your reasonable control, you must notify Mazda and Mazda may in its absolute discretion give the Prize to someone else.
15. You may not assign or transfer your rights or obligations, or subcontract your obligations, under these terms and conditions, such as giving a prize to anyone else, without the Promoter’s prior written consent. The Promoter’s may assign or transfer their rights or obligations, or subcontract their obligations, under these terms and conditions without your consent.
16. The Promoters or their licensors retain and reserve all rights in and to each website, and all aspects of the Prize Draw and the Prize, including all derivatives, developments, modifications and improvements.
17. These terms and conditions, and any instructions from the Promoters, constitute the entire agreement between you and the Promoters, superseding any prior agreements. Any failure or delay by the Promoters in exercising or enforcing, or partial exercise or enforcement of, any right or provision of these terms and conditions shall not constitute a waiver of such right or provision (or waive any further exercise or enforcement) or any other right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and the other provisions of the terms and conditions will remain in full force and effect.
18. These terms and conditions and all matters arising from or in connection with them are governed by English law and the courts of England will have exclusive jurisdiction in the event of any such dispute.