1 Rules
1.1 These terms and conditions apply to all competitions run or promoted by Numark Ltd, its subsidiaries and group Companies ("Numark"), subject to this section, to the exclusion of all other terms and conditions. These terms and conditions and any promotional material or advertisement of Numark promoting a competition (together the "Rules") form the basis of the agreement between Numark and the competition entrant ("Entrant") and where there is any conflict between these terms and conditions and any promotional material or advertisement, the terms and conditions of the promotional or advertisement material shall, (save in the event of printing or manifest error) prevail.
1.2 By submitting their entry Entrants accept the Rules. Entries through agents or third parties will be invalid.
2 Eligibility
2.1 The competition is open to all current members of Numark and each of their staff who are resident in the United Kingdom. The age limit for entry, unless otherwise specified, shall be 18. The maximum entry number is one entry per person.
2.2 Any party who at any time during a competition is an officer or employee of Numark or Phoenix or who is a member of such personls household shall not be entitled to enter into the competition.
2.3 Numark reserves the right to require production of evidence of a partyís entitlement to enter into a competition such as proof of age and/or proof of employment by a Member of Numark both at the date of entering the competition and on the closure date.
2.4 Details of the closing date, time and methods for entries will be indicated in the particular competition promotional material. Any entries not complying with all requirements will be invalid and will not be entered into the competition.
2.5 By entering the competition Entrants warrant that all information submitted by them is true, current, and complete and that they are eligible to enter into the competition in accordance with the competition rules.
3 Entries
3.1 Methods of entering a particular competition will be specified on the promotional material. Where entry is by electronic mail or through the Numark website, entrants may receive a confirmatory e-mail. Entry via the Numark website will require acceptance of the website Terms and Conditions. Numark does not guarantee access to the website at all times. Postal entries will be deemed to be accepted when they arrive, postage paid, and in such form as is specified in the promotional material, at the address specified on the promotional material.
3.2 Numark, its employees, servants or agents does not accept responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs, postal interference or disruption or other causes outside its control.
3.3 Where there is any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of any answers given by Entrants, or the operation of any part of the competition, Numark's decision shall be final and no correspondence will be entered into.
3.4 All entries become the property of Numark on its receipt of them and will not be returned. In entering the competition, entrants waive all intellectual property rights in their entry including copyright and moral right.
4 Prizes
4.1 The process for determining the winner of the prize is as indicated in the promotional material. Where the winner is randomly selected from all correct and valid entries, the draw for the winner will take place within 30 days of the date on which the competition closes, unless otherwise specified in the promotional material.
4.2 Any competition requiring a subjective assessment in the selection of winning entries will be judged by Numark whose decision shall be final and binding.
4.3 Numark will endeavour to notify the winner within 60 days after the closing date of the competition using the contact details provided in the entry. Where Numark is unable to contact the winner within a reasonable time, Numark shall be entitled to substitute the winner with another entrant which has met the qualification criteria, selected at random from the winning pool or where a subjective assessment is required, the next most appropriate entrant chosen by Numark.
4.4 Numark may in its sole discretion refuse to provide a prize, in the event of non-entitlement under the terms and conditions or an Entrant's breach of these terms and conditions, fraud or dishonesty.
4.5 Numark reserves the right in its sole discretion to withhold delivery of the prize until such proof of eligibility and identity has been confirmed or if such proof is not produced on request to disqualify the entrant from the competition.
4.6 Numark may in its absolute discretion substitute a prize for a prize of at least equal value.
4.7 The name and details of the winner may be published by Numark and will also be available upon request by sending a SAE to the address shown on the promotional material within 3 months of the closing date.
5 Data Protection and Publicity
5.1 Entrants accept that, if they win, Numark will have the right, without payment or permission, to use their name, age, town of residence, place of business (or employees business) and (where applicable) confirmation of membership of the Numark consortium and likeness for the purposes of publicising the winner of the competition and for related promotional purposes. All Entrants who are employees of a Numark member must ensure, as a condition of entry, that their Numark Member employer would, on request by Numark, take part in any promotional event associated with the prize giving presentation.
5.2 Information, provided by Entrants when they enter will be held and used by Numark for the purposes of administering the competition and where entry has required member feedback on Numark products or services to use such information both in the aggregate, for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services or products non personal data and directly by providing Numark members with information on Numark products and promotions. Where a competition requires the Entrant to provide a slogan, comment or design ("Materials"), all such Materials must be the original material and property of the Entrant and Numark shall be free to use and shall have exclusive rights to all such materials. The Entrant shall be liable for and will indemnify Numark in respect of any third party claims for breach of copyright or other intellectual property right arising from use of the Entrant's Material.
5.3 Any personal data will only otherwise be used in accordance with Numark's privacy policy which can be viewed at the Numark website. Any entrant who is entering the competition may opt out of receiving any marketing communications from Numark by notifying Numark at the address provided for competition entry
6 Liability
6.1 Numark does not accept any responsibility for any damage, loss, injury or disappointment suffered by any Entrant entering a competition or as a result of accepting any prize but nothing in these terms and conditions shall exclude or limit Numark's liability for death or personal injury or in the event of fraud.
6.2 Numark cannot promise that the services relating to the competition will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond the control of Numark. Numark will not be liable in the event that all or any part of the service relating to the competition is discontinued, modified or changed in any way.
7 General
7.1 These terms and conditions shall be governed by and construed in accordance with the laws of England and the Courts of England shall have exclusive jurisdiction.
