CITY A.M. LIMITED ("City AM") - General Terms & Conditions for City Winners

THESE TERMS AND CONDITIONS
1. These General Terms apply to every prize draw that we promote and administer without limitation in print/digital, online, and/or mobile (the Prize Draw). We are City A.M. Limited (trading as City AM or City Winners) whose registered office is at Icon 1 7-9 Sunbank Lane, Ringway, Altrincham, United Kingdom, WA15 0AF ("City AM" "City Winners" or "we").
2. Each Prize Draw will also have its own specific terms and conditions. These "Specific Terms" will be published on the City Winners website page for that specific Prize Draw.
3. These General Terms shall apply in addition to any Specific Terms, which may also be in place for a or Prize Draw on any platform. You should always read these General Terms together with the Specific Terms. If any provision of the Specific Terms conflict with these General Terms, the Specific Terms will prevail.
4. We may change these General Terms at any time so you should check this page regularly for any changes. Changes will apply from the date that they are published on this page.
5. By entering a Prize Draw, you are deemed to have read and understood these General Terms and shall be unconditionally bound by them.
THE PROMOTER OF EACH PRIZE DRAW
1. The "Promoter" of the Prize Draw is the party legally responsible for administering it. For our Prize Draws, this will always be City A.M. a company registered in England and Wales with company number 01176085.
2. If you have any concern in relation to any of a Prize Draw, you can contact us by:

In all correspondence, please state the name of the Prize Draw, the platform or location you saw it promoted on and any other relevant details.

ELIGIBILITY RULES FOR OUR PRIZE DRAWS

Prize Draws are open to all persons aged 18 and over who are resident in the UK at the date of their entry.
Certain Prize Draws may have additional eligibility requirements such as valid passports, visas, driving licences, good physical health etc. All eligibility requirements will be detailed in the applicable Specific Terms.
You are not permitted to enter the Prize Draw if you are an employee of City AM or any associated company, their direct family member or agent, or if you are otherwise professionally connected with the Prize Draw.

ENTRY AND ENTRY METHODS
1. Premium rates: Some Prize Draws may be entered by premium rate calls or premium rate SMS messages. These Prize Draws will always include a free route of entry which will be stated in the Specific Terms. We will clearly identify when this is the case and the following additional conditions will apply to such Prize Draw.
2. Postal Entry: Each Prize Draw will allow postal entry (as per the Specific Terms), postal entrants may enter the promotion by mailing their full name and a contact telephone number or other method of contact (as applicable), as well as any other required information and/or material to the postal address as specified in the Specific Terms. Entries must be sent on a postcard or within an envelope. Entries received on anything other than a postcard or within an envelope will not be valid or accepted. In the case of multiple entries received in a single envelope or postcard, only one entry will be entered into the Prize Draw. Entries sent by post must be received at the relevant postal address specified for entries by the closing date and time for receipt of entries. Postal entries without correct and sufficient postage paid will be invalid and will be void. For the avoidance of doubt, personal and hand deliveries are not accepted. Proof of posting of any postal entry will not be proof of our receipt of that entry.
3. Decision making: In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of any answer or response given by an entrant, or the operation of any part of the Prize Draw service, networks or systems, the decision of the Promoter shall be final, and no correspondence will be entered into.
4. Automated Entry: The use of any automated entry software or any other mechanical or electronic means that permits any person to enter any Prize Draw n repeatedly is prohibited.
5. Names: Entrants must enter Prize Draws using their legal name only. We reserve the right to disqualify any entrant who uses multiple names and to require them to return any prize they may have won.
6. Prize Limits. Unless otherwise stated in the Specific Terms, each entrant is limited to winning one prize per Prize Draw. There is no limit on the value of a single prize that may be provided to the individual winners of a Prize Draw. So that we can ensure fairness of our Competitions we reserve the right to prevent a person to win more than one prize valued at £1,000 or more via any of our Competitions in any given three (3) month period. For avoidance of doubt this would mean that an entrant may not be eligible to win any prize if the entrant has in the past three (3) months won a prize valued at £1,000 or more.
7. Bonus entries. We may from time to time award bonus entries for entering our Prize Draws at our sole discretion. We may also award bonus entries for engaging with the content on our site, or for other activities as specified by us from time to time. Bonus entries are non-transferable and have no monetary value. We have no liability in the event that bonus entry cannot be used. Bonus entries may be withdrawn by us at any time for any reason, with or without notice. We may also cap the number of bonus entries that any individual is allowed at any one time.
8. Code of Conduct. The promoter reserves the right to disqualify an entrant from entering future competitions if their conduct is contrary to the spirit or intention of the competition. Any entrant deemed to be rude or offensive to our staff or other entrants on social media, telephone, electronic communications, post or in person will be disqualified from entry and may ultimately be banned from future entry to Prize Draws.
9. Retrospective Effect. Where an entrant or prize winner has been found to be in breach of any of the terms and conditions of a Prize Draw and in particular where a person is in breach of the entry restrictions set out in paragraphs 4.1 to 4.11 above, we may still enforce our right to disqualify that person and require the return or reimbursement to us of any prize even where a prize has been awarded and/or actually provided to the entrant or prize winner in question.

PRIZES
1. We reserve the right (when reasonably required to do so) to replace the stated prizes with prizes that we consider to be of broadly equivalent value including a cash alternative at our sole discretion. City AM is under no obligation to offer a cash alternative for non-cash prizes and prize winners must accept prizes in the form offered. Where a prize is won by a person younger than 18, we reserve the right to award the prize to the prize winner's parent or guardian on behalf of the prize winner.
2. On occasion the Prize may be fulfilled by someone other than us ("Prize Provider") any such Prize Provider shall be as specified in any Specific Terms. Each Prize is as stated and no cash or other alternatives to the Prizes will be offered. The Prizes are not transferable. Where prizes consist of entry tickets, events, and other time-specific prizes, they must be taken on the dates specified by us and the winner will be required to comply with any terms imposed by the Prize Provider.
3. All prize winners will be notified that they have won a prize within twenty-eight (28) days of the closing date of the Prize Draw or such shorter time period as specified in any Specific Terms via at least one of the following methods:
  1. by telephone;
  2. by email; or
  3. in writing.
4. If we are unable to contact a winner to award a prize either within 28 days of them winning, or such shorter time period as specified in any Specific Terms, then the winner forfeits entirely their right to the prize and we reserve the right to disqualify that entrant (without further liability to that entrant) and to award the prize to an alternative winner where possible who will be selected in accordance with these General Terms i.e. random draw.
5. Prizes will be despatched to the winners via the UK mail service, unless otherwise stated. We will not be liable for any prizes which are lost, delayed or damaged in the post for reasons beyond our reasonable control. Further details will be set out in the Specific Terms and/or given to winners when they are notified that they've won.
6. Prizes will only be delivered to an address within the UK. Should a prize winner's contact details change, it is their responsibility to notify us, or the contact person(s) detailed in the Prize Draw's Specific Terms.
We reserve the right to request proof of a prize winner's identity in the form of a passport or driver's licence and proof of address in the form of a utility bill. In the event that a prize winner cannot provide us with proof of identity and/or address that is reasonably acceptable to us, we may withdraw the prize and select another prize winner.
Any tax or other charges payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.
We make no representation or warranty in relation to prizes provided and to the fullest extent permitted by law we shall have no liability to you in relation to any prize, its fitness for purpose, merchantability or otherwise. We reserve the right to disqualify entrants from entering our Prize Draws or prize winners from receiving their prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
All stated prize values are at the supplier's recommended retail price in pounds sterling and are, to the best of our knowledge and belief, correct at the time of printing. We take no responsibility for any fluctuations in prize values. We award cash prizes in the form of a cheque in the name of the prize winner. Any other arrangement will be at our discretion. For the avoidance of doubt City AM is under no obligation to include a stated prize value.
No additional, further or other costs or expenses are included in any prize unless stated. For example, the costs of transport to and from a venue for an event are not included.
Third party suppliers of prizes may also often stipulate their own terms, conditions or restrictions and all prize winners agree to be bound by these. Subject to paragraph 18.2, City A.M. shall have no liability in relation to any prize provided by a third-party provider.
HOLIDAY PRIZES
1. Due to their complexity, these additional terms apply to holiday prize winners and (if the holiday is for the prize winner 'plus guest(s)') any travelling companion that accompanies the prize winner on the holiday as their "Guest".
2. Unless otherwise stated in the Specific Terms, holiday prizes:
  1. do not include insurance. It will be the responsibility of each prize winner (and, if applicable, each Guest that accompanies them) to take out at their own cost all relevant insurance (including but not limited to health and travel insurance, insurance for theft, loss and damage to property) which may be required or prudent to obtain;
  2. consist of flights and accommodation only and do not include airport departure or government taxes, spending money, airport transfers or other expenses. These must be paid by the prize winner (and their Guests);
  3. must be taken within the period of time set out in the Specific Terms unless no period of time is set out; and
  4. are also usually subject to the prize provider's terms and conditions, which will apply to the prize winner (and their Guests) as well.
3. It is the responsibility of the prize winner (and, if applicable, each Guest that accompanies them) to ensure their ability to travel to their holiday destination and return home and, in particular, to:
  1. ensure that they have a valid passport endorsed with all relevant visas and with expiry date no less than six (6) months following the proposed dates of travel or such other duration as may be required by any relevant regulation. These passports, and their holders, must not be subject to any restrictions on their rights to travel to and from the applicable country or countries. Passport control and in-country authorities may reserve the right to refuse entry to prize winners and/or their travelling companions;
  2. check any travel advisories issued by the Government and determine whether they wish to accept the risk of travelling to the holiday destination;
  3. obtain any inoculation and comply with any health regulations required by any holiday prize destination country;
  4. comply with the terms and limitations of airlines, other transport providers, and the venues involved in the provision of any holiday prize, including any insurance policy relating to the holiday. In particular, entrants must comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements; and
  5. where the holiday prize destination requires a visa or visa waiver program, to apply for the relevant visa or visa waiver for each person that is travelling. Applications must be submitted in sufficient time prior to the departure date to allow for completion of the application. Should this form not be lodged by both the winner and their Guest(s) within this time, they may be ineligible to enter the destination country and will therefore forfeit their holiday prize.
4. We will not be responsible for any loss or damage suffered by any prize winner (and/or any Guest that accompanies them) that arises out of their failure to arrive at any holiday destination or return home from any holiday destination, nor will we have any obligation to substitute an alternative prize, cash equivalent or other compensation where a prize winner (and/or their travelling companion) is unable to travel to any holiday destination or fails to redeem a holiday prize for any reason.
EVENTS PRIZES
1. Where the prize for any of our Prize Draw involves the winner's attendance at (or tickets to) an event, the prize winner acknowledges that we are not liable or responsible if any part of the event is cancelled, varied or rescheduled for any reason. If this means that the winner (and/or any accompanying Guests) cannot attend the relevant event, we shall be under no obligation to provide any cash or alternative tickets.
2. If a Prize Draw that you participate in or a prize that you win involves travel, stunts or physical challenges you should notify us of any medical condition that you (and, if applicable, your Guests) have and at our absolute discretion we may require you (and your Guests) as a condition of entering the Competition or receiving the prize to:
  1. submit to a medical examination by a medical practitioner approved by us and obtain medical clearance to participate in the Prize Draw and/or redeem the prize; and/or
  2. execute a legal document to exonerate us from liability in a form prescribed by us in order to participate further in the Prize Draw and/or redeem the prize.
3. Where prizes comprise or include "meet and greet" elements with celebrities, the prize may be subject to the availability of the celebrity in question and we will have no liability for any inability or failure of any prize winner to attend any "meet and greet" session offered on any date nor will we offer any alternative prize or cash alternative or compensation for such failure.
UNCLAIMED PRIZES
1. All prizes must be claimed within five (5) days of our notification of winning unless otherwise stated.
2. We reserve the right to award prizes unclaimed after these periods to alternative prize winners.
3. If you call to claim a prize from a "withheld number" line you must provide us with your contact details: otherwise we may be unable to contact you and you may as a result forfeit your prize.
DATA PROTECTION AND PUBLICITY
1. City AM collects and uses personal data to conduct the Prize Draws, as is necessary for City AM to be able to perform its agreement with you and in order to comply with its legal obligations, including to select the winners, deliver the prizes and publish the results (as required by advertising regulations).
2. For further information about how City AM collects and uses personal data, please see City AM privacy policy, available at https://www.cityam.com/privacy-policy/ ("Privacy Policy").
3. It is a condition of entry to all our Prize Draws that we have the right to publish and/or broadcast the first name, home town, character, likeness and voices of Competition entrants and winners.
4. Entrants, particularly prize winners, may be required to participate in photo, recording, video and/or filming session(s). You agree that we shall have the right to use all the resulting publicity materials in any media and in any manner, we see fit, unless you advise us at the time of entering the Competition that you wish to retain your anonymity. If you elect for anonymity, we may not be able to include you in certain Competitions. This includes providing these materials to our third-party prize providers for the purposes of promoting their association with the Competition and awarding the relevant prizes.
COPYRIGHT
1. By entering our Prize Draws all entrants:
  1. assign to us all rights (including present and future copyright) in their entry and their publicity materials in all media (including, without limitation, the internet) and whether in existence now or created in the future;
  2. agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against City A.M., its assigns, licensees and successors in title;
  3. undertake to us that their entry is not in breach of any third-party intellectual property rights and will not contain anything, which is defamatory, indecent, harassing or threatening and that they will indemnify us for any loss, damage or liability arising should this turn out not to be true. If relevant, we reserve the right, but not the obligation (and without limiting entrants' warranty and indemnity as set out above), to screen, filter and/or monitor information provided by the entrant and to edit, refuse to distribute or remove the same;
  4. Confirm that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions necessary to grant us the same.
2. For the avoidance of doubt, all rights in the name and title of the Prize Draw and the format rights for the Competition are our sole property and we may exploit the same our absolute discretion.
MINORS
1. If any prize winner is a child or young person (i.e. under the age of 18) we may require that the terms and conditions applicable to the Prize Draw including these General Terms) be signed by the prize winner's parent or legal guardian before the prize is awarded. Any such prize may at our discretion be awarded to the prize winner's parent or legal guardian.
2. Where entrants or prize winners are required by us to sign a release or other document before participating in a Prize Draw and/or redeeming a prize and the entrant and/or prize winner is under the age of 18 years, such document must be signed by that person's parent or legal guardian prior to their participation in the Prize Draw and/or the prize being awarded.
TAMPERING AND OTHER MATTERS
1. If for any reason any Prize Draw is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of a Prize Draw, we reserve the right to cancel, terminate, modify or suspend the Prize Draw and/or any draw/s or judging related to the Prize Draw and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem.
LEAVE FOR PARTICIPATION

Obtaining time off work and/or study or related activities to take a prize will be the sole and absolute responsibility of each contestant.

DECISIONS FINAL

All our decisions relating to the Prize Draw and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other person will be entered into.

FAILURE TO ENFORCE TERMS AND CONDITIONS

A failure by us to enforce any one of the terms and conditions in any instance(s) will not give rise to any claim or right of action by any entrant or prize winner, nor shall it be deemed to be a waiver of any of our rights in relation to the same.

EXCLUSION OF LIABILITY
1. Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded.
2. To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any entrant or prize winner in connection with or arising out of any Prize Draw howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence. For the avoidance of doubt, this paragraph 18.2 shall also apply in respect of any prize provided by a third-party provider.
3. In the event that any provision of these General (or any Specific) Terms are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.
4. In relation to all competitions, prize draws, votes and polls promoted by the Promoter:
  1. nothing in these terms restricts your statutory rights as a consumer;
  2. nothing in these terms shall exclude or limit our liability for death or personal injury caused by our staff's negligence or for fraud or for any other liability which cannot be limited or excluded by law or regulation; and
  3. City A.M. do not accept responsibility where all or any part of the service relating to a Prize Draw is discontinued, modified or changed in any way.
5. Subject to 17.4 (a) and 17.4 (b), the Promoter or other City A.M. companies do not accept responsibility for any fault, malfunction, damage, loss or disappointment suffered by you as an entrant or participant howsoever arising from participating in a Prize Draw or from accepting any prize whether due to any error, omission by City A.M. or its or their employees, agents or others or by any other cause.
6. Subject to 17.4 (a) and 17.4 (b) we will not be liable to reimburse the cost or expenses incurred in making a Prize Draw entry where applicable.
7. Subject to 17.4 (a) and 17.4 (b), we do not accept responsibility in the event that any entry is lost, delayed or not properly received, registered or recorded or for any incorrectly addressed or undelivered Competition entries, votes or polls or for any disruption, delay or misdirection of such entries.
8. Subject to 17.4 (a) and 17.4 (b), we reserve the right to amend any element of a Prize Draw for reasons beyond our reasonable control, including but not limited to the unavailability of the Prize Draw entry platform before the closing date, or for strike, lock-out, labour dispute, illness, act of God, natural disaster, adverse weather conditions, war, riot, civil commotion, accident, epidemic or pandemic, malicious damage, fire, flood and/or storm, compliance with law or governmental order, rule, regulation or direction, breakdown of plant, machinery or transportation. We are not responsible for any loss or damage caused to you as a result of any of these occurrences.
9. You agree to reimburse the Promoter in respect of any damages suffered by the Promoter or any losses by the Promoter resulting from any claim made by a third party in each case in respect of any matter arising from your use of the services relating to the Prize Draw in breach of the General Terms or Specific Terms or from your violation of any applicable law or regulation.
GOVERNING LAW AND JURISDICTION
1. The Prize Draw, these General Terms, any Specific Terms and any dispute arising therefrom shall be governed by English law, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
2. The above choice of law and jurisdiction does not deprive entrants of the protection under mandatory statutory provisions that cannot be waived under the law which would have otherwise been applicable.
GENERAL
All of our decisions will be final and binding and no correspondence will be entered into.
1. If any provision of these General Terms (or any part thereof) is held to be invalid or otherwise unenforceable or illegal, the invalidity or unenforceability of any provisions (or any part thereof) shall not affect the validity or enforceability of any other provision and all remaining provisions (or any part thereof) will remain in full force and effect and shall be construed in accordance with their terms as if the invalid or unenforceable or illegal provision were not contained herein.
2. The original version of these General Terms is drafted in the English language. If these General Terms are translated into any other language, the English language version shall prevail.

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