Welcome to Noiseshape!
These Terms govern Your use of noiseshape.com, subdomains, products & services that Noiseshape offer except were we expressly state that separate Terms (and not these) apply. By accessing noiseshape.com and or its Subdomains, You accept these Terms and Conditions. Do not continue to use noiseshape.com and or its subdomains if You do not agree to take all of the Terms and Conditions stated on this page. The following terminology applies to these Terms and Conditions, Privacy and all Agreements: “Client”, “Entrant”, “Customer”, “You” and “Your” refers to you, the person uses or log on noiseshape.com and or its subdomains and compliant to the Company’s Terms and Conditions. & “The Company”, “The Website”, “Platform”, “Noiseshape”, “Subdomains”, “Promoter”, “Ourselves”, “We”, “Our(s)” and “Us”, refers to our company. “Party”, “Parties”, or “Us”, refers to both the Client and Ourselves.
We do not charge You to use Noiseshape or the other products and services covered by these Terms, except for competitions. Every single competition has a free entry route available.
1 QUALIFYING PERSONS
1.1 Noiseshape operate prize competitions resulting in the allocation of prizes in accordance with these Terms on noiseshape.com (the ‘Website’).
1.2 The competitions are open to all persons aged 18 and over and the age of majority in their country of residence excluding the Promoter’s employees or members of their immediate family, agents or any other person who is connected with the creation or administration of Our competitions.
2 LEGAL UNDERTAKING
2.1 By entering a competition the Entrant will be deemed to have legal capacity to do so, You will have read and understood these Terms and Conditions and You will be bound by them and by any other requirements set out in any related promotional material.
2.2 These competitions are governed by English law and any matters relating to the competition will be resolved under English law and the courts of England shall have exclusive jurisdiction.
2.3 In the event that You participate in a competition online via The Website, and by accepting these Terms and Conditions You confirm that You are not breaking any laws in your country of residence regarding the legality of entering Our competitions. Noiseshape will not be held responsible for any Entrant entering any of Our competitions unlawfully. If in any doubt You should immediately leave Noiseshape and check with the relevant authorities in your country.
3 COMPETITION ENTRY
3.1 Competitions may be entered via The Website. Multiple competitions may be operated at the same time and each competition will have a specific prize/s.
3.2 Availability and pricing of competitions is at Our discretion and will be specified at the point of sale on Our Platform. There is no requirement to pay to enter any competition, as each competition has a free entry route available.
3.3 In order to enter a competition, You will need to register an account at Our Platform. You can register an account online here. By registering at Noiseshape You are agreeing to Our Terms & Conditions, Privacy policies.
3.4 When entering a competition online at Noiseshape, you must follow the on-screen instructions to: (a) Select the competition(s) You wish to enter. (b) Provide Your contact and payment details, when you are ready to purchase your ticket(s). You will need to check your details carefully. By placing Your order/purchasing Entries (tickets), You are agreeing to Our Terms & Conditions, Privacy policies. (c) Once Your payment has cleared, We will email You to confirm Your entry into the competition. Please note that when entering online You will not be deemed entered into the competition until We confirm Your ticket(s) order back to You by email.
3.5 The Promoter reserves the right to refuse or disqualify any incomplete entries if it has reasonable grounds for believing that an Entrant has contravened any of these Terms and Conditions.
3.6 Entries (tickets) are limited to one hundred (100) per person, per competition. Abuse of this limit will not be tolerated and if the Promoter has reasonable grounds to believe that an individual is exceeding this limit, for example by entering a competition using multiple accounts, it reserves the right at its sole discretion to void any orders. In addition, if any person using a single account exceeds 100 entries in a single competition for any reason, the Promoter reserves the right at its sole discretion, to void any tickets without notice firstly on a chronological basis with respect to orders, and then on a sequential basis with respect to ticket references contained within an order, so as to void any tickets exceeding the first 100 paid tickets entered into the competition.
3.7 All Entrants (excluding those entering for free) must have an account at Noiseshape prior to entering.
3.8 We offer an alternative means of entering into the prize draws. Please go to section 4 as we describe in detail how it works.
4 ALTERNATIVE ENTRY
4.1 Alternative entry route will require you to accept all Our Terms & Conditions, Privacy policies.
4.2 There is no limit to the number of entries that will be made this way.
4.3 Tickets entered into the competition using alternative entry route will be treated in exactly the same way as paid entries.
4.4 On a postcard, write your full name, address, city, post code, date of birth (dd/mm/yyyy), telephone number, email address and which prize draw you want to enter. Use first or second class stamp to send the envelope to: Suite 2 A, Blackthorn House, St Pauls Square, Birmingham, B3 1RL
4.5 One entry per envelope.
4.6 No PO Box accepted.
4.7 If the above steps are not followed as described then a postal entry will be invalid.
4.8 Postcard must be hand written very clearly otherwise the entry may be deemed invalid.
5 START DATE
5.1 Competitions start on a specified date which is displayed on each individual competition page.
6 CLOSING DATE
6.1 Each competition closes/ends when the last ticket is sold, no more entries (tickets) after this point will be accepted.
6.2 If a competition ends after 365 days from initial start date. Our winner/s can choose from one of the options below: (a) Receive the original prize. (b) Request an alternative prize with same specifications, cost no more than ORV. (c) Request ORV to be transferred into their bank account.
6.3 ORV: Original Retail Value is the price of the product (prize) at the time of competition initial start date. (every prize that we offer has an ORV labelled RETAIL, which can be found in the prize specification section of each competition.)
7 COMPETITION JUDGMENT
7.1 Noiseshape uses computer programs that will determine the winner for each competition completely at random. Winner of each competition will be announced on The Website.
7.2 The Promoter will attempt to contact winner/s using the telephone number and email address provided at the time of entry (or as subsequently updated) and held securely in Our database. It is the Entrant’s sole responsibility to check and update these details. If for any reason they are taken down incorrectly, the Promoter will not be held responsible. Entrants must carefully check their contact details have been recorded correctly.
7.3 If for any reason the Promoter is unable to contact the winner/s within 5 days (which may be extended at the sole discretion of the Promoter) of the end of a competition or the winner/s fails to confirm acceptance of the prize for whatever reason or the winner/s is disqualified as a result of contravening any of these Terms and Conditions, the winner/s hereby agrees that it will immediately, irrevocably and automatically forfeit the prize and the prize will remain in the possession and ownership of the Promoter and winner/s will have no further claims against the Promoter.
8 WINNER’S DETAILS
8.1 The winner will be required to show passport/valid driving licence as proof of identification on delivery of the Prize. Any failure to meet this requirement may result in the winner being disqualified and the Promoter retaining the Prize.
8.2 Following receipt and verification of the details requested above by the Promoter, the winners will be contacted in order to make arrangements for delivery of the prize.
9 COMPETITION PRIZES
9.1 The prizes are determined, selected by The Company. Details of each prize can be found on individual competition pages. Noiseshape take no responsibility for the prize awarded after delivery has taken place. Once the winner receives the prize, the Promoter does not insure the Prize. No insurance comes with the prizes and the Promoter is not responsible for the prize once it has been handed over to the winner.
9.2 Delivery of the prize to the winner’s is free however the Promoter has the right to and/or may charge the winner delivery fees if they require the prize to be delivered to an address outside Great Britain and/or an address other than the one linked to the Website account.
9.3 All Entrant expenses to collect the prize are the sole responsibility of the winner.
9.4 The Winner hereby agrees that all prizes are subject to and are conditional on the Terms and Conditions of the Promoter, prize provider, manufacturer and/or supplier and/or anyone that is involved in the provision or delivery of the prize to the winner.
9.5 Each prize must be accepted as awarded and is non-transferable and cannot be used in conjunction with any other vouchers, offers or discounts, including without limitation any vouchers or offers of the Promoter or other prize suppliers and/or third parties.
9.6 If the competition took more that 365 days to end and the winner/s decide to receive an alternative prize, the alternative should be within the same category of the original prize. For example; If the original prize was a desktop computer an alternative cannot be a bicycle, tv or a laptop.
9.7 Promoter uses manufactures official website to obtain prize (product) ORV at the time of competition initial start date.
10 STORAGE
10.1 The Promoter can store the chosen prize free of charge for up to 30 days after notifying the winner, at the end of which time the prize will be delivered to the winner. If the Prize needs to be stored by the Promoter for more than 30 days then this shall be at the entire cost of the winner where such cost will need to be paid by the winner to the Promoter before the winner receives the prize.
11 WINNERS’ PERSONAL DATA
11.1 By entering a competition, You agree to the use of Your name, address, and/or photograph or other likeness, as well as Your appearance at publicity events without any additional compensation (except for reasonable travel expenses that are approved in writing in advance by the Promoter) and as required by the Promoter if You are declared a winner.
11.2 All winners will also be required to provide photographs and/or pose for photographs, videos and have their personal details (including details of any Prize won by them) which may be used in future marketing and public relations by the Promoter in connection with the competition and in identifying them as a winner of a competition.
12 LIMITS OF LIABILITY
12.1 The Promoter makes or gives no representations and/or warranties and/or assurances of whatever nature and howsoever arising (and whether in writing or otherwise) as to the quality, suitability and/or fitness for any particular purpose of any of the goods or services advertised, offered and/or provided as Prizes. The Promoter shall not be liable for any loss suffered or sustained to person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods by any person to the prize winner/s and, where applicable, to any family/persons accompanying the winner/s, or in connection with any of the competitions promoted by the Promoter.
13 ELECTRONIC COMMUNICATIONS
13.1 No responsibility will be accepted for failed, partial or garbled computer transmissions, for any computer, connections, network, cable, telephone, electronic or internet hardware or software malfunctions, failures, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes. If due to reasons of hardware, software or other computer related failure, or due to human error the prize is awarded incorrectly, the Promoter reserves the right to reclaim the competition prize and award it to the correct Entrant, at its sole discretion and without admission of liability and the Entrant that has been incorrectly awarded the prize will immediately at the Entrant’s own cost and expense return it to the Promoter and/or pay the Promoter for that Prize (at the option of the Promoter). The Promoter shall not be liable for any economic and/or other loss and/or consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due to such persons. The Promoter shall use its reasonable endeavours to ensure that the software and Website used to operate its competitions performs correctly and accurately across the latest versions of popular internet, tablet and mobile browsers.
14 DATA PROTECTION NOTICE
14.1 Any personal data that You supply to the Promoter or authorise the Promoter to obtain from a third party, for example, a credit card company, will be used by the Promoter to administer the competition and fulfil prizes where applicable In order to process, record and use Your personal data. The Promoter may disclose it to: (a) Any credit card company whose name you give; (b) Any person to whom the Promoter proposes to transfer any of the Promoter’s rights and/or responsibilities under any agreement the Promoter may have with You; (c) Any person to whom the Promoter proposes to transfer its business or any part of it; (d) Comply with any legal or regulatory requirement of the Promoter in any country; and (e) Prevent, detect or prosecute fraud and other crime. In order to process, use, record and disclose your personal data the Promoter may need to transfer such information outside the United Kingdom, in which event the Promoter is responsible for ensuring that Your personal data continues to be adequately protected during the course of such transfer.
15 VALIDATION
15.1 The Promoter hereby reserves the right not give or make a prize until it is satisfied that; (a) The winner has a validly registered Website account and/or is not in breach of these Terms and Conditions. (b) Any and/or all amounts due or owing by You to the Promoter have been paid in full. (c) The identity of the winner and his or her entitlement to receive the prize has been established to the Promoter’s satisfaction (in particular, the Promoter reserves the right to request documentary proof of identity and not to give or make a prize until satisfied appropriate proof of identity has been provided). (d) The Promoter may require proof of age to be produced before giving or making a prize. Prizes will not be given or made to winners found to be under the age of 18.
15.2 Without prejudice to rule ”14.1” above, the Promoter reserves the right not to make or give a prize if it reasonably suspects the occurrence of fraud in relation to a competition.
16 UNAUTHORISED USE & EXPIRY OF YOUR DEBIT CARD
16.1 If You notify Your nominated bank (or building society) that your debit card has been used without your permission in relation to a competition and your nominated bank (or building society) asks the Promoter to return the relevant amount to your nominated bank (or building society) account, the Promoter may suspend your account. The Promoter accepts no responsibility and will have no liability for any chargebacks.
16.2 If Your debit card is due to expire, the Promoter will use reasonable efforts to return the funds in your account to your debit card before midnight on the day it expires. If it is not able to do so, the Promoter will use reasonable efforts to alert you of this and you should, in these circumstances, contact the Promoter to arrange another appropriate way for the Promoter to return the funds to You.
17 REFUND
17.1 To prevent fraud and process your payment in Our Platform we ask you to provide details linked to your bank card.
17.2 Because of the nature of our business we do not offer refunds.
17.3 To the extent permitted by applicable law, all entries (tickets) become Our property and will not be returned.
17.4 If for any reason any aspect of the competition is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of the competition, the Promoter will give all Entrants full refunds to enable them to replay equivalent tickets in a subsequent competition.