These Terms and Conditions govern the use of this site and any competition hereon. Entering into any competition or using the site in any way is your express and complete acceptance of and agreement to these Terms and Conditions.
Any capitalised word(s) shall have the meaning ascribed to them herein for the purposes of these Terms and Conditions.
Any word(s) importing the singular or plural import the other and vice versa for the purposes of interpretation.
Any word importing any gender do so only for context and import all genders regardless of the terms expressed or used.
Headings and numbering are for convenience only and do no affect the interpretation of or intention of any clause or sub-clause of these Terms and Conditions.
"Closing Date" means the last date for entries and the date of any Competition draw. The Closing Date shall be specified in the competition advertisements, and may be subject to change to suit the progress of ticket sales.
"Competition" means any contest hosted by Fourtwo Performance Ltd, including trading as 42HQ or any other presentation on www.fourtwohq.co.uk, or any other social media platform including Facebook, Instagram and the likes.
"Entrant" means any legal person who enters any competition hereon.
"Fee" means the online entry payment required to enter the Competition.
"Law" and "Laws" means the laws of Scotland and the exclusive jurdisction of the courts of Scotland.
"Prize" means any item offered to be won through the Competition.
"Promoter" means Fourtwo Performance Ltd, a company registered and formed in Scotland, SC555726. Fourtwo Performance Ltd is the sole promoter. No other party sponsors, endorses or otherwise acts as a party to any competition.
"Website" means fourtwohq.co.uk and any pages thereof.
"Winner" means any Entrant drawn at random from qualifying entries to any competition with the sole purpose of defining the winner of any competition. There will only be one (1) Winner for each Competition.
Terms of Entry
Any Entrant to any Competition hosted on the Website accepts and agrees to be bound by these Terms and Conditions without reservation or amendment to the extent of the Law.
A valid Entrant includes:
a) full contact details as requested by the Promotors; and
b) proving the skills and knowledge necessary to take part in the Competition
and which will be used for:
a) contacting the Winner to notify winning the prize
b) to post the Winners name and town of residence in future marketing
c) to post the confirmed Competition Entrant numbers online in advance of any draw, limited only to first and last name and allocated numbers
d) to comply with the Promoter's Data Protection policy
e) to contact the Entrant, in accordance with the Promoter's Data Protection policy regarding future offers and promotions that the Promoter believes may be of interest to the Entrant and their having subscribed to the Promoter's newsletter or other marketing
The Promoter takes no responsibility or liability for any partial or inaccurate information provided by the Entrant.
The Promoter has no liability for any inability to contact the Winner should their details be incomplete or inaccurate in any way.
Who Operates the Competition?
The Competition is operated by the Promoter
Who Can Enter?
The Competition is open to legible Entrants who are over the age of 18 at the date of any Draw and who have made a complete and correct entry, but may not include:
of the Promoter.
Any Entrant shall first satisfy himself that, by entering any Competition, they are not in breach of their home country legislation. The Promoter has no liability for the legality of any entry.
By making an entry and paying the Fee, the Entrant acknowledges that the Promotor has no liability for the accuracy of the entry and that the Fee is non-refundable in any case.
The Promoter has made reasonable endeavours to ensure that any Prize is fit for use, and meets the requirements of the Sale of Goods Act 1979. The Promoter offers no warranty or guarantee following the collection by the Winner, or his nominated agent, of the Prize.
The Promoter accepts no liability for any entry, howsoever made, being received by the Promoter in time or at all for the Competition Close, including electronic and postal entries.
The Promoter accepts no liability to the Entrants howsoever arising from the Entrants taking part in the Competition save for the Promoter cancelling any Competition for any reason, where the Promoter shall have no liability to any Entrant except to the return of the Fee, where such fee has been properly paid by the Entrant and this Fee has cleared to the Promoter's bank account or other payment systems.
The maximum liability of the Promoter to the Winner howsoever caused is the total cost of one (1) entry to the Competition.
The Competition is limited by:
a) the Draw Date;
b) the open entries;
c) a maximum entries per Entrant;
d) the skills or knowledge test; and
e) the entry Fee
all of which will be stated on the Competition web page. The Entrant acknowledges that, should they fail to comply with any of the Competition limits, or to supply full, complete and accurate details, their entry may be invalid and that the Promoter has no liability responsibility to return the entry Fee or otherwise to reimburse the Entrant and or guarantee any Prize.
The Promoter makes no valuation of the Prize in any way. The Competition limits are neither designed nor calculated on any value of the Prize, perceived, intimated or otherwise.
Unless the Competition specifically identifies otherwise, there is no cash alternative or any alternative to any Prize. The Entrant has entered the Competition with the aim to win the Prize.
Closing the Competition
The Competition will close on the earlier of:
a) the total entries being filled;
b) the published Closing Date passing; and
c) to suit the Promoter's needs, the Promoter reserves the right to terminate the Competition without a Draw
The Promoter shall all reasonable efforts to make random draws live on its media channels, which shall be specified throughout the Competition duration. The Promoter may choose to operate any random draw mechanism it sees fit and appropriate to suit its needs. From time to time, the Promoter may make the random draws in the presence of a named 3rd party in the absence of the opportunity to promote the Draw live online.
The Promoter is the sole assessor of the entries, and the sole operator of the Draw. The Winner shall be determined by the Promoter which shall be final and at the sole discretion of the Promoter.
Online entries are valid having first made a complete and accurate entry, including payment of the Fee and passing the skills or knowledge test.
Free entries may be made by postal entry, on a postcard, to:
Fourtwo Performance Ltd, c/o 42HQ, Findhorn Bridge, Forres, IV36 2SP
Prior to submitting any postal entry, the Entrant must first create an online profile. Any postal entry must, clearly:
a) specify the Competition;
b) include all contact details of the Entrant;
c) clearly identify the correct answer to the skills or knowledge test;
d) clearly state "This postal entry acknowledges and accepts the Terms and Conditions of Entry"; and
e) be received at the Promoter's address two (2) business days prior to the Competition Close date.
The Promoter accepts no liability for any postal entries being received after the deadline, after the Competition Close or for any loss or delay in the postal system. No confirmation of receipt, other than being entered into the published list of numbered entries, shall be provided by the Promoter.
The Promoter may set a maximum limit of entries per Entrant for the Competition. The Promoter takes its responsibilities to promote fair, safe entertainment seriously. Should it become apparent that any Entrant has created multiple profiles to defeat the ends of a maximum number of entries, the Promoter reserves the right to remove all of the assessed entries from the Competition and to block the Entrant(s) from future Competitions without refund or rebate.
The Promoter acknowledges that there may be, from time to time, multiple Entrants at a single address. Should the Promoter, at its sole discretion, determine that the Entrant is seeking to defeat these Terms and Conditions, the Promoter reserves the right to remove all entries made by Entrants at a single address from the Competition and to block the Entrant(s) at that address from future Competitions without refund or rebate.
The Promoter reserves the right to terminate any entry, and to permanently block any Entrant from future Competitions where:
a) the Entrant has created a fraudulent, or apparently fraudulent entry;
b) the Entrant has used a 3rd party payment mechanism without the approval of that 3rd party who has identified this to the Promoter;
c) any entries created by hostile attacks on the Promoter's website or other social media feeds; and
d) where any Entrant has acted in an abusive or socially disruptive manner in any online forum or in direct contact with the Promoter
and in any such case, the Promoter shall terminate all entries made. The Promoter reserves the right to refuse to refund any Fees paid for any entries terminated herewith.
The Promoter shall not be liable to provide any Entrant who has made a paid entry any refund except where the Promoter has closed the Competition in accordance with these Terms and Conditions, in which case the Entrant shall be refunded the total of their paid Fee excluding any costs incurred by the Entrant in processing the Fee payment.
Notifying the Winner
The Promoter shall promptly attempt to contact the Winner by email or telephone following the Draw. The Promoter shall attempt, as may be reasonable, to contact the Winner for a maximum period of twenty-one (21) calendar days following the date of the Draw. Should the Promoter be unsuccessful in contacting the Winner in that period, the Promoter shall return to the valid entries and, using the same draw method as the original draw, redraw and will continue to repeat this until a Winner is contacted and notified of their win.
The Promoter reserves the right to amend, modify or vary these Terms and Conditions without prior notice.
By entering the Competition, the Entrant agrees that the Promoter may, where the Entrant is drawn as the Winner:
a) reference the Entrants first and last names in future marketing
b) reference the Entrants home town in future marketing
c) use any likeness of the Entrant for future marketing
Similarly, the Entrant acknowledges that, by becoming the Winner, the Promoter may demand that the Entrant allows photographs at hand over of the Prize and that those photographs, likenesses and the likes may be used by the Promoter on the Promoter's website and social media feeds indefinitely.
Complaints and Disputes
Any Entrant must make any complaint or dispute in writing and posted by recorded delivery to:
Managing Director, Fourtwo Performance Ltd, c/o 42HQ, Findhorn Bridge, Forres, IV36 2SP
The Managing Director is the sole arbiter whose decision shall be final and binding on the parties.