TERMS & CONDITIONS:
THIS PRIZE DRAW is brought to you by TRIUMPH MOTORCYCLES whose registered company address is: Ashby Road, Measham, Swadlincote, Derbyshire DE12 7JP (the “Promoter”) and whose correspondence address is: Triumph Motorcycles CMT, Triumph Motorcycles Limited, Normandy Way, Hinckley, Leicestershire, LE10 3BZ United Kingdom.
The Prize Draw
Everyone that is eligible will be automatically entered into a prize draw to win one of three grand prizes. There will also be a runners-up prize in each territory. The prize draw will run for the “Prize Draw Period”, which shall be strictly from 00:01 (GMT) 07.02.18 until 23:59 (GMT) 30.04.18 in Great Britain and its dependencies (England, Scotland, Wales and the Channel Islands), Austria, Switzerland, Germany, France, India, Italy, Japan, Netherlands, Spain and the USA only (“Eligible Territories”). (Please note that the deadline for entry will therefore vary depending upon the time difference between your local time and GMT).
Grand Prizes - There will be three grand prizes that can be won. Of the eligible entrants three (3) will be picked at random. Each of the three winners will each win one of three (3) Triumph motorcycles that have been customised by the artist D*Face.
Each Grand Prize comes with a warranty, however due to the customised nature of the Grand Prize, if the bespoke D*Face fuel tank is damaged and found to be covered by the warranty, only standard replacement spare parts will be available.
One year’s road tax will be included in each of the Grand Prizes. The Grand Prizes will not include any Triumph accessories or clothing. Motorbike insurance must be arranged and paid for by the winner in advance of collection. The winner must have a valid motorbike licence, and proof of licence and proof of age may also be required on collection. The motorbike must be registered before collection, for which proof of insurance will be required.
For each winner, the Grand Prize will be shipped to the winner’s nearest local Triumph dealership (shipping paid for by the Promoter). Collection from the local dealership must be arranged and paid for by each winner. Should a winner not collect the Grand Prize within 60 days of expiry of the Notification Period, then the Promoter reserves the right to withdraw the prize or select a replacement winner at random. Each Grand Prize will be the sole responsibility of the respective winner as soon as it leaves the dealership premises.
Territory Prizes – In addition to the Grand Prizes there will be a prize available in each Eligible Territory, also picked at random, of one (1) Raven Leather Riding Jacket, for one lucky winner. If the Raven Leather Riding Jacket is unavailable, a replacement jacket of equivalent value will be chosen and made available by the Promoter. The Territory Prizes will be shipped to the winner’s home address (shipping paid for by the Promoter). There will be no cash or other alternative to the prizes and the winning bikes will be registered to the winners before they take possession of them.
For winners from India the Promoter of the Prize Draw will bear the tax liability on the prize awarded in the Prize Draw.
How to Enter
Entry to the Prize Draw is free and automatic to eligible persons, the first time they apply to test ride a Triumph Modern Classic motorcycle through either a local Triumph website in one of the Eligible Territories within the Prize Draw Period, or by means of a Triumph Spirit of ’59 Prize Draw Facebook advertisement.
Each Eligible Person may only enter three times, later entries will be discounted. They must apply to test ride a Modern Classic in their own name. The Modern Classic motorcycles include all variants of: Bonneville T120, Bonneville T100, Bonneville Bobber, Bonneville Street Cup, Bonneville Street Twin Bonneville Street Scrambler, Bonneville Speedmaster and Bonneville Thruxton (“Modern Classics”).
Who Can Enter
Entrants must be no less than 18 years old and MUST HAVE a current and valid full motorcycle licence (i.e. a licence that permits them to ride a 900cc motorcycle in their local jurisdiction) and be a resident in the Eligible Territory they have entered within. Only registrations to test ride one of our Modern Classic range of bikes (as defined above) will result in an entry into the Prize Draw. Internet and e-mail access is required.
Any and all information regarding how to enter this Prize Draw shall form a part of the conditions of entry. Participation in this Prize Draw constitutes acceptance of these conditions of entry.
If there is any reason to believe that there has been a breach of these terms, the Promoter reserves the right to exclude (at its sole discretion) the relevant entrant from participating in the Prize Draw. The Promoter’s decision is final and no correspondence will be entered into.
Directors, management and employees and their immediate families of the Promoter or the agencies or companies associated with this Promotion are ineligible to enter. The promotion is not open to residents of Northern Ireland or Eire.
For residents of India: If any entrant is a Indian resident he/she will be required to provide a feedback about the product/services of Triumph Motorcycles by answering a few questions in order to be eligible to enter into the Prize Draw.
In organizing the Prize Draw Triumph Motorcycles does not intend to promote its products, trademarks, or services, but rather Triumph Motorcycles is seeking feedback from the entrants through this Prize Draw in order to improve its products/services and provide better experience to its customers.
All winners will be selected at random (by an independent party specialising in prize draws) from the test ride registration logs of entrants made by eligible persons within two (2) weeks of the end of the Prize Draw Period. Each winner will be notified by Promoter by e-mail, expressly stating that they are contacting you about the “Triumph Spirit of ‘59 Prize Draw”. In order to redeem the Prize the winner must respond to the notification by the Promoter within two (2) weeks of the date and time upon which the Promoter sent the notification email (“Notification Period”) and be able to provide evidence of their current valid full motorcycle licence on request. If the Promoter does not receive a response, it may also attempt to contact the winner via telephone during the Notification Period.
If the Promoter is unable to make contact with the winner within the Notification Period (whether or not the winner received the notification email), a replacement winner will be selected at random (the Promoter will not try to find a more than three consecutive replacement winners for the same prize - in which case the relevant prize will be retained). It is the responsibility of each entrant to ensure that its details are correctly provided and that they are generally contactable, the Promoter will not be responsible if it is not able to contact the any person randomly chosen OR if any person randomly chosen does not respond within the allocated time.
In consideration of being awarded the Prize each winner may be required by the Promoter to take part in publicity related to the subject of the Prize Draw and they confirm by entering that they will take part in such publicity. Such publicity may include, without limitation, use of the entrant’s name and image (which they will provide on request) and statements made by the entrants concerning the Prize Draw and/or the Prize.
Limitation of Liability
Neither the Promoter nor any relevant Triumph dealer will be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or by accepting or by using the Prize, except for any liability which cannot be excluded by law (including personal injury, death and fraud) in which case that liability is limited to the minimum allowable by law.
The Promoter reserves the right to amend or cancel this Prize Draw if for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, cheating, 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 this Promotion, as run by both the Promoter and by its Triumph dealers in the Eligible Territories. If the Promoter considers in its discretion that it must cancel, terminate, modify or suspend the Promotion then it will incorporate all eligible entrants into another similar Prize Draw within a reasonable period of time.
The Promoter further disclaims liability for any injury or damage to your or any other person's computer, tablet or mobile device relating to or resulting from participation in or downloading any materials in connection with this Promotion.
For entrants from India, the limitation of liability does not apply to damage caused by intentional or gross negligence, or fraudulent representation of Promoter or Triumph dealers.
Disputes: Entrants, except where prohibited by law, agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Prize Draw or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the English Courts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Prize Draw, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the entrant and Promoter in connection with the Prize Draw, shall be governed by, and construed in accordance with English laws, without giving effect to any choice of law or conflict of law rules.
Severability: If the application of any provision of these terms to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitration panel or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of these terms, shall not in any way be affected or impaired thereby; and (b) such provision shall be enforced to the maximum extent possible. In addition, if any provision contained in these terms shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law.
The full names and countries of the winners may be obtained by sending a stamped addressed envelope to the correspondence address above clearly marked “TRIUMPH SPIRIT OF ’59 PRIZE DRAW” at the end of the Promotion Period and for one month afterwards.