In the terms and conditions that follow, "we", “us" or "our" means I Can Have It Limited of [Company registered 08510551] and "you" and "your" means a participant in an I Can Have It competition.
IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS AND CONDITIONS PLEASE CONTACT US BEFORE AGREEING TO THEM
1.1 I Can Have It may from time to time offer products for competition through its website, subject to the following Terms and Conditions.
1.2 The product or products offered as a prize or prizes in any particular competition are referred to in these Terms and Conditions as a "Lot". The particulars of each Lot and any additional terms and conditions applicable to that Lot will be set out in a Lot description for the relevant competition on our website. We acknowledge all trademarks related to all products within the I Can Have It site. Where the context permits, the term "Terms and Conditions" when used herein shall include any additional terms and conditions applicable to a particular competition or Lot as set out in any Lot description.
1.3 Each entry in a competition consists of two integral parts:
1.3.1 Part 1: each entrant will be required to answer a multiple choice question. If the entrant has answered the question correctly and within 60 seconds the entrant will be eligible to participate in part 2;
1.3.2 Part 2: each entrant will be required to pick a number for his or her chosen Lot(s) being offered in that competition respecting the range set within the Lot description.
1.4 Your chosen number will only be entered into the relevant competition and eligible to win the Lot(s) in that competition if you answer correctly the multiple choice question asked in Part 1 of your entry.
2.1 You must be a registered member of I Can Have It to take part in an I Can Have It competition (including Part 1 of your entry) and you will be prompted to register or log in using your registered details for each competition you wish to take part in. We reserve the right in our absolute discretion to refuse membership. By becoming a member of I Can Have It you agree to be bound by these Terms and Conditions and by any other applicable requirements set out on the I Can Have It website.
2.2 You must be 18 years or over to take part in an I Can Have It competition. Proof of age may be required by us if you win a Lot or at any other time during your membership of I Can Have It. Any person who is under 18 years and wins a Lot will forfeit that Lot.
2.3 You must have a valid credit/debit card to take part in an I Can Have It competition.
2.4 We reserve the right:
2.4.1 to suspend or prevent your participation and/or membership in I Can Have It;
2.4.2 to refuse to enter in the relevant competition any entry made by you in respect of such competition; and/or
2.4.3 to refuse to deliver a Lot, if you act in breach of these Terms and Conditions or if we consider (in our absolute discretion) that fraud involving you compromises the integrity of a competition.
2.5 You cannot be an employee of I Can Have It or related companies or immediate family, agents or any other person involved in the creation and management of I Can Have It competitions.
3.1 In order to take part in a competition you will be required to pay an entry fee in the amount notified to you on the I Can Have It website prior to answering your multiple choice question. Payment of the entry fee only entitles you to answer a single multiple choice question and choose a single number. You could select one of our bundles in which case you would be entitled to answer the appropriate number of multiple choice questions and to choose multiple numbers as specified in the bundle. You will make payment of the entry fee in accordance with Condition 6 below and the entry fee is non-refundable except in accordance with Condition 4.3 below.
3.2 You must next choose a question category from a list displayed on the website. You will then be asked a multiple choice question from your chosen category which will be picked at random from our database of questions. There is a time limit of 60 seconds in which you must answer the multiple choice question and the time remaining in which to answer the question will be displayed on the website alongside the question. If you have chosen a bundle, you will be required to answer a number of questions in line with the number of entries contained within that bundle with the same allocation of 60 seconds for each question.
3.3 You will next be prompted to enter a single number for the relevant Lot. If you have opted for one of our bundles, you will be opted to enter multiple numbers in line with number of entry tickets within the chosen bundle. Only whole numbers may be chosen within the range inidcated. You must enter a number, otherwise you will not be entered for or eligible to win the relevant Lot.
3.4 If you answer correctly the multiple choice question that you were asked, you will be prompted to select a number to validate your entry for the relevant Lot (i.e. as part of the same entry in the competition for that Lot), your number will be entered in the competition for, and eligible to win, that Lot. Each such entry for a Lot is an "Eligible Entry".
3.5 If you do not answer the multiple choice question correctly, you will not be required to select a number and your entry will not be an Eligible Entry and will not be entered in the competition for, or eligible to win, the relevant Lot. Your participation in the relevant competition will therefore be over unless you choose to re-enter that competition in accordance with Condition 3.6 below.
3.6 You may enter a competition as many times you like until that competition has been closed or the Lots withdrawn in accordance with Condition 4 below, but the process set out in Conditions 3.1 to 3.5 above (including the requirement to pay an entry fee) will apply to each entry you make.
3.7 Your selected number and the selected number of every other participant will be kept secret for the duration of the relevant competition and we will not reveal any information about entries until the competition closes.
4. Closure of competitions, withdrawal of Lots and alteration of Lots
4.1 Competitions will remain open until the maximum number of entries in the competition for a particular Lot (as specified in the relevant Lot description) has been reached. At our absolute discretion, we reserve the right to close a competition before the maximum number of entries has been reached.
4.2 We reserve the right to withdraw any Lot and cancel the relevant competition in the event that:
4.2.1 we receive fewer than the maximum number of entries specified in relation to the competition for those Lots within twelve (12) months after the start of the competition; and/or
4.2.2 none of the participants for a particular Lot correctly answer their multiple choice question; and/or
4.2.3 any issue arises which in our opinion affects the integrity of the competition, including but not limited to technical faults, computer viruses and security breaches.
4.3 If a Lot is withdrawn or a competition cancelled, you will be entitled to a full refund of your entry fee for the relevant competition in relation to your entry for that Lot. We will publish on the I Can Have It website the reasons for the withdrawal of any Lot or the cancellation of a competition.
4.4 Events may occur that render the competition itself or the provision of a Lot impossible due to unforeseen circumstances or reasons beyond our control. In this situation, we may at our discretion vary or amend Lots so as to provide reasonable alternative Lots and you agree that no liability shall attach to us as a result.
4.5 The Lots are non-transferable, cannot be substituted by you for any other Lot and no cash alternative to any Lot is available unless specifically stated in prize description.
5. Winning entries
5.1 In determining the winning entry for a Competition, we will only take into account Eligible Entries for that competition.
5.2 We will award the Lot to the participant with an Eligible Entry who has picked the Lowest Unique Number for that competition and which is not matched by another participant. In the event that there is no such unmatched Eligible Entry, we will determine the lowest Eligible Entry which has the lowest number of matching Eligible Entries and award the Lot to the participant who made one of such matching Eligible Entry and who answered his or her multiple choice question in the shortest time (out of those who made such matching Eligible Entries), as determined by us. If this process does not identify a winning Eligible Entry then in order to determine the winner of the Lot the participants making such matching Eligible Entries will be required to take part in a tie-break competition on terms to be specified by us by e-mail.
5.3 The winning Eligible Entry (together with your name and town of residence) will be published on the I Can Have It website within five (5) days of the competition closing and will remain on the website for a period of at least thirty (30) days after the competition closes.
5.4 If you have won a Lot, we will notify you personally by telephone and e-mail (using the phone number and e-mail address you gave us during the registration process) within seven (7) days of the competition closing. It is your responsibility to provide the correct name, email address and contact during the registration process.
6. Entry fees
6.1 In consideration of your entry in a competition, we will charge you a non-refundable (except in accordance with Condition 4.3) entry fee for each entry made by you (even if your entry to win the relevant Lot is invalid because you have answered the multiple choice question incorrectly).
6.2 The total amount of the entry fee will be clearly notified to you before you enter the competition.
6.3 You can pay by credit or debit card for each entry you make. I Can Have It does not store any credit card details.
7. Payment for Lots and other charges
7.1 If you are a winner of a Lot, customer services will contact you and arrange for delivery or collection of your prize.
7.2 If there are import duties, licence fees, compulsory insurance, taxes (including without limitation, any road tax) or other additional charges payable in respect of the Lot you will be responsible for paying them.
7.3 Your entry fee includes the cost of delivery within mainland UK. If you wish your prize to be delivered anywhere else outside mainland UK, you will be responsible for the difference in costs of delivery of the Lot to you.
8. Title to Lots, delivery of Lots and Lots which are services
8.1 Title to and risk in the Lot (to the extent that title and risk are capable of passing) will pass to the winning participant.
8.2 If you are the winner of a Lot, we will arrange for delivery of the Lot to you as soon as possible. All lots are inclusive of delivery charges within mainland UK. If you wish to receive your Lot outside mainland UK then additional delivery charges will apply and these will need to be paid by the winner prior to delivery. Please note that delivery times may be affected by manufacturer/supplier timescales and other factors outside our control.
8.3 In the event that we are unable to deliver a Lot, having made reasonable efforts to do so during a period of three (3) months following closure of the competition, we reserve the right to withdraw the win and title and transfer risk in the Lot back to us.
8.4 Where the Lot consists of the provision of services to a winner (for example a holiday or other trip), we will specify in the Lot description whether the services must be used at a given time or whether a range of dates are available for you to make use of the services and other relevant information about the services. Provision of the services may be subject to additional standard terms and conditions imposed by the service provider (e.g. the holiday operator) and information about these terms and conditions will be included in the Lot description. You agree that in such circumstances the provision of services will be governed by the terms and conditions imposed by the service provider and that (subject to the provisions in Condition 9.7) we shall have no liability in connection with the provision of such services.
8.5 Full details of how to claim a Lot consisting of the provision of services (such as a holiday or trip) will be provided to the winning participant as part of the winning participant notification procedure.
9. Our liability to you
9.1 Except as set out in this Condition 9, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non-supply or delay in supplying the Lot are excluded to the fullest extent permitted by law.
9.2 In particular we make no warranties regarding the quality, availability and fitness for purpose of any Lot or as to the accuracy of any description of a Lot (including its value) or that any Lot will not be defective. Lots will be covered by the Standard Manufacturer's warranty.
9.3 Subject to the provisions in Condition 9.7, we will not be liable to you in contract, tort (including negligence or breach of statutory duty) or otherwise for any indirect, special or consequential loss or damage howsoever caused whether direct or indirect, arising out of, or in connection with, the supply or non-supply of, or delay in supplying, the Lot or otherwise in connection with these Terms and Conditions.
9.4 For the avoidance of doubt, the exclusion of liability for the types of loss or damage specified in Condition 9.3 shall apply to you even if you advised us in advance of the possibility of them occurring.
9.5 We shall have no liability for any loss or damage you may suffer, whether direct or indirect, as a result of failure by us to receive, recognise, record or register an answer from you to a multiple choice question or a number selected by you including, but not limited to, failure due to data interruptions, technical faults, computer viruses or breaches of security.
9.6 You are responsible for ensuring that you are able and legally entitled to use a Lot for which you are bidding (or receive the services included in any Lot) and we shall have no liability to you in the event that you are unable to use or are not legally entitled to use a Lot (or to receive the services included in any Lot) for any reason, including without limitation as a result of your incapacity or because you are not licensed to use a Lot. By way of example, we shall have no liability to you as a consequence of you not being licensed to drive any vehicle that you may win in a competition.
9.7 Nothing in these Terms and Conditions shall operate to exclude or restrict our liability:
9.7.1 for death or personal injury resulting from our negligence;
9.7.2 for our breach of the obligations arising from section 12 of the Sale of Goods Act 1979;
9.7.3 under Part I of the Consumer Protection Act 1987; or
9.7.4 for our fraud or deceit.
9.8 Subject to the above, our liability to you in relation to any breach of any obligation to you in respect of any competition is limited to the amount of the entry fee paid by you in relation to that competition and the Lot Payment (if applicable) paid by you to us in relation to that competition.
10.1 You may give us thirty (30) days' written notice that you wish to cancel your I Can Have It membership, in which case you will no longer be eligible to take part in an I Can Have It competition.
10.2 You or we may terminate your I Can Have It membership with immediate effect by giving written notice to the other if the other commits a material breach of these Terms and Conditions.
10.3 Cancellation of your I Can Have It membership shall not affect any accrued rights and obligations of the parties under these Terms and Conditions and in particular shall not operate to rescind any competition entries made prior to the effective date of such cancellation.
11. Your personal information
11.3 You agree to take part in reasonable post-competition publicity if you win a Lot. Such publicity may require you to attend a presentation ceremony and you consent to the use, for the purpose of promoting and/or advertising I Can Have It competitions, of photographs, films and/or sound recordings of you which are made at any such ceremony, along with your name and town of residence, in printed media, electronic media, on the I Can Have It website, on radio and/or on television. You agree that you will not receive any payment for such use other than your reasonable travelling expenses incurred in attending the presentation ceremony. We will own all promotional material completely along with any rights within it and you agree that you will have no rights in such promotional material and now transfer to us any property or ownership rights (if any) within it that you may have.
12. These Terms and Conditions
12.1 We reserve the right to revise these Terms and Conditions from time to time and we will take reasonable steps to bring any changes to your attention. It is your responsibility to ensure you have read and understood the Terms and Conditions that are in force each time you participate in a competition and by participating in a competition that takes place after a revision you agree to be bound by the revised Terms and Conditions.
12.2 These Terms and Conditions, any additional terms and conditions set out in the Lot description for any competition you participate in and any other applicable requirements set out in the I Can Have It website constitute the entire agreement and understanding between you and us.
12.3 These Terms and Conditions are not intended to create a relationship of partnership, joint venture or agency between you and us.
12.4 If any of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other Terms and Conditions which shall remain in full force and effect.
12.5 If any of these Terms and Conditions is so found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid and enforceable.
13. General terms
13.1 Any notices that you are required to give us under these Terms and Conditions should be sent to our e-mail address published on the I Can Have It website, or to our registered address which is stated at the start of these Terms and Conditions. We will send any notices that we are required to give you to the e-mail address you gave us when you registered.
13.2 By entering an I Can Have It competition, you confirm that you are not breaching any laws in your country of residence regarding the legality of entering such a competition. We will not be responsible if you enter a competition unlawfully or in breach of any legislation, regulations or other legally binding rules in your country of residence. You are advised to check the local legal position with the relevant authorities before entering a competition and if you are in any doubt as to whether or not you may enter a competition, you should immediately stop accessing the I Can Have It website.
13.3 These Terms and Conditions and any matter arising from or in connection with them shall be governed by and construed in accordance with English law.
13.4 If a dispute arises between us in connection with these Terms and Conditions, we both agree that before any formal legal action is taken we shall refer the dispute to an independent third party chosen by us jointly who shall act as mediator. In the event that mediation is not successful, we both agree to submit to the exclusive jurisdiction of the English courts over any claim or matter arising from or in connection with these Terms and Conditions.
Updated November 2014