SHEPHERDS AUCTIONS LTD General Competition, Prize Draw, Terms and Conditions
IMPORTANT INFORMATION WITH SHEPHERDS AUCTIONS LTD – GENERAL COMPETITION, PRIZE DRAW, TERMS AND CONDITIONS
A. General Competition and Prize Draw Terms and Conditions
3. The Prize
4. Winner Selection
5. Winner Contact (including time sensitive/critical prizes)
B. Manipulation of services
F. Contact Details and Further Information
The following terms and conditions apply to all competitions, prize draws, votes and polls promoted by Shepherds Auctions Ltd in any media including without limitation in television s, online and/or on mobile.
These general terms and conditions apply in addition to any specific terms and conditions which may be mentioned in any promotion of or messages about that competition, prize draw, on any platform (“Important Information information”). Where applicable, specific terms and conditions for each competition, prize draw, can be found within the important information. Together these general terms and conditions and the Important Information shall be referred to as the “Important Information terms and conditions”. To the extent that there is any inconsistency between these general terms and conditions and any Important Information, the Important Information will prevail.
The Important Information terms and conditions may be amended at any time without prior notice. Any changes will be posted on the Shepherds Auctions Ltd.com website. It is your responsibility to ensure you review the current Important Information terms and conditions before entering any competition or prize draw.
By taking part in the competition, prize draw, (as applicable), you accept and agree to the Important Information terms and conditions. If you do not agree with any of the Important Information terms and conditions then you should not take part in the competition, prize draw, (as applicable).
We recommend that you print and store or save a copy of these terms and conditions for future reference during the competition or prize draw.
A. General Competition and Prize Draw Terms & Conditions
The following general terms and conditions apply to all competitions and prize draws.
1.1. Entrants must meet the eligibility requirements as specified in the Important Information terms and conditions.
1.2. Entrants must be residents of the United Kingdom and must be aged 18 years or over at the time of entry, unless specified otherwise.
1.3. Unless otherwise specified in the Important Information, entrants must enter using a valid geographical landline (beginning 01 or 02) or mobile telephone number (beginning 071-079). Please note that using non-geographic numbers (including without limitation numbers beginning 03, 05, 070, 08 or 09) is likely to be deemed an attempt to manipulate the competition/prize draw (in line with section C) and may result in such entries being invalid and/or forfeiture of any prize.
1.4. If selected as a winner of a prize draw or competition, the winner must provide a UK address for delivery of the prize. Shepherds Auctions Ltd will not deliver to any address outside the UK.
1.5. Employees and members of their immediate families (including any live-in partner)of Shepherds Auctions Ltd, companies within the SHEPHERDS AUCTIONS LTD group of companies and/or those associated with the operation or promotion of the competition or prize draw, including without limitation the provider of the prize, are ineligible to enter. Any such entries are invalid.
1.6. Shepherds Auctions Ltd reserves the right in its sole discretion to ask for evidence to verify the age, identity and/or eligibility of an entrant at any time, and to use any channels and methods available to carry out checks of any details provided. Shepherds Auctions Ltd may withhold delivery of a prize until it has received such evidence from the winner and failure to provide such evidence in a timely manner may result in forfeiture of the prize.
2.1. The opening date and closing date and time for entries are as indicated in the Important Information. Any entries received before the competition or prize draw opens or after the closing date and time will not be counted but may still be charged.
2.2. For competition entry, entrants must answer the question(s) or complete the task(s) specified and submit the information as indicated in the Important Information. For prize draw entry, entrants must submit the information as indicated in the Important Information.
2.3. Entrants may be required to provide their full name, full contact telephone number (including area code if providing a landline number) or other method of contact (if applicable), email address and/or any other information as specified at the time of entering the promotion. This information cannot be amended once an entrant has entered the promotion.
2.4. Each entrant will be charged the cost of entry (if any) as indicated in the Important Information. If charges apply, entrants must have the permission of the bill payer before entering the promotion. Any cost of entry and/or entry delivery costs include taxes (where applicable). If you fail to pay for any entry which for which there is an entry fee, we may exclude that entry and any associated bonus free entries, bonus tokens and/or entries made by using bonus tokens.
2.5. Shepherds Auctions Ltd cannot guarantee that entries submitted by eligible residents of the United Kingdom from outside the UK will be entered into the promotion and charges will depend on the relevant service provider’s international rates. Shepherds Auctions Ltd gives no warranty that the service will be available, legal or appropriate for use in locations outside the UK.
2.6. Entry to the promotion must be by the applicable method(s) as indicated in the Important Information which may include any (but not necessarily all) of the following:
2.6.1. Web entry: Web entrants are required to follow the instructions on the website as indicated in the Important Information. Internet service providers’ fees may apply when accessing the internet
2.7. Any entries which are above the maximum number of entries for each method of entry as specified in the Important Information or which are incomplete, without all the required information, inaudible, incomprehensible, incorrectly submitted, lost, damaged in any way, made or received after the deadline for receiving entries has passed or which are not received by Shepherds Auctions Ltd or are not otherwise in accordance with the Important Information terms and conditions are invalid and will be discounted.
2.8. In the event of 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 or prize draw service, networks or systems, the decision of Shepherds Auctions Ltd shall be final.
3. The Prize
3.1. The prize is as specified in the Important Information. Unless otherwise stated in the Important Information, each entrant is limited to winning one prize per competition or prize draw.
3.2. The prize is subject to availability and to winner confirmation, i.e. Shepherds Auctions Ltd has managed to contact the winner and confirm eligibility. The prize is also subject to the terms and conditions of the prize provider, their agents, and where applicable to the terms of the venue and/or the manufacturer.
3.3. The winner (and where applicable, their companion(s)) is (are) required to comply with all instructions and requirements as may be specified by SHEPHERDS AUCTIONS LTD or any authorised third party to receive and/or take up the prize, including but not limited to providing responses within specified time frames, adhering to the itinerary, completing any required forms and delivering any required documentation. Shepherds Auctions Ltd will not be liable to the winner or any other persons where they fail to comply with such instructions and such failure may result in forfeiture of the prize.
3.4. The winner (and where applicable, their companion(s)) may be required to provide their signature as proof of their agreement to relevant waivers, releases and/or consents when taking up the prize. Failure to sign any relevant documentation may result in forfeiture of the prize.
3.5. The prize excludes all other costs and arrangements not expressly included in the prize (as stated in the Important Information information). Additional charges and expenses incurred for goods, services, attractions, facilities, upgrades, activities and events not expressly included in the prize are payable solely by the winner (and where applicable their companion(s)). Shepherds Auctions Ltd will not be held liable where such charges and/or expenses are incurred, and no refund or reimbursement will be made. Shepherds Auctions Ltd will accept no responsibility where the winner is unable to pay in full any such charges and/or expenses.
3.6. For delivery of the prize, you may be required to be available at a specified time and place.
3.7. No cash equivalent (where applicable) or alternative prize will be given at the request of the winner and the prize is non-transferable and non-exchangeable. If the winner decides to take up and then sell on the prize (where such onward sale is permitted) SHEPHERDS AUCTIONS LTD will not be required to provide any guidance on such sale, and the winner acknowledges that the onward sale price may be lower than the retail or advertised price. However, Shepherds Auctions Ltd reserves the right to change the prize or any part of the prize to an alternative of equal or greater value for any reason in its sole discretion including without limitation due to circumstances beyond its control or if any part of the prize becomes unavailable. If for any reason the winner chooses not to take up the prize or any part of the prize, Shepherds Auctions Ltd reserves the right to ask the winner to confirm this in writing and, whether or not such confirmation is received, Shepherds Auctions Ltd will be able to retain or dispose of the prize (or part of the prize) at its own discretion.
3.8. Shepherds Auctions Ltd may refuse to provide a prize, or seek its recovery, in the event of non-entitlement under the Important Information terms and conditions or an entrant's breach of the Important Information terms and conditions, fraud or dishonesty, including but not limited to the use of technology which enables an entrant to evade applicable charges when entering the promotion.
3.9. Unless the prize is time critical (as set out in section 5.2), Shepherds Auctions Ltd or prize provider(s) endeavour to deliver the prize to the winner within twenty eight (28) days from the date of winner confirmation unless stated otherwise in the Important Information. If the prize is time critical Shepherds Auctions Ltd or the prize provider(s) endeavour to deliver the prize to the winner as soon as reasonably practicable before the necessary time to take up the prize.
3.10. Shepherds Auctions Ltd, prize provider and their agents will not be liable where a prize has been lost, damaged or stolen following delivery and such prize will not be replaced.
4. Winner Selection
4.1. Where the winner is randomly selected, the draw for the winner will take place within one week of the closing date and time for all entries unless otherwise specified in the Important Information. Unless stated otherwise in the Important Information, the winner will be the first entry drawn at random from all valid entries, subject to eligibility and winner confirmation (and, for competitions where entrants are required to answer one or more questions, answering such question(s) correctly). Where the winner is not randomly selected, the Important Information will detail the judging criteria on which the winning entry will be selected.
5. Winner Contact
5.1. General contact: The winner will be contacted as soon as practicable on or after the draw date or judging date (as appropriate) as indicated in the Important Information. Reasonable efforts will be made to contact a winner on the phone number provided when entering the promotion or such other method of contact deemed appropriate by Shepherds Auctions Ltd in its sole discretion in the circumstances. Unless the prize is time critical or time sensitive, Shepherds Auctions Ltd will try to contact the winner over a 2 week period.
5.2. Time critical: Where the prize must be taken up within 1 month of the close date of the competition, the competition will be considered “time critical”. As a winner needs to be found before the time to take up the prize passes, the Important Information will indicate the date(s) when entrants must be contactable and Shepherds Auctions Ltd will try to contact the winner on the phone number (or other method of contact (if appropriate)) provided, calling three times in a three-hour daytime period or as indicated in the Important Information.
5.3. Time sensitive: Where the prize must be taken up by a date which is more than 1 month but less than 6 months after the close date of the competition, unless otherwise stated in the Important Information Shepherds Auctions Ltd will try to contact the winner on the phone number (or other method of contact (if appropriate) they provided over a two week period or as indicated in the Important Information.
5.4. If the winner cannot be contacted or successful contact is not made within the time periods set out in clauses 5.1 to 5.3 above or as otherwise set out in the Important Information (as applicable) or if the winner fails to meet any of the eligibility requirements or is otherwise unable to comply with the Important Information terms and conditions, this may result in forfeiture of the prize and Shepherds Auctions Ltd reserves the right to disqualify that entrant (without further liability to that entrant) and offer the prize to the next eligible entrant and thereafter until a winner is found.
5.5. Any entrant and/or winner must comply with any directions given to him or herby Shepherds Auctions Ltd, prize provider(s) and/or their agents and with all relevant laws, rules and regulations, restrictions and itinerary. Failure to comply with instructions, itineraries, rules, restrictions, requirements, laws and guidelines may result in an invalid entry and/or forfeiture of the prize.
B. Manipulation of services
6.1 Shepherds Auctions Ltd is committed to bidder interactive services, including without limitation competitions, prize draws, voting and interactive polls, fairly and to preventing abuse of its systems, as well as those of its agents and sub-contractors.
6.2 For this reason, Shepherds Auctions Ltd and partners reserve the right to disqualify and/or discount entries, votes or polls if they have reasonable grounds to suspect, at their sole discretion, having regard to all the circumstances and information available at the relevant time, any of the following:
6.2.1 Activity has occurred that is designed to excessively manipulate the outcome of the interactive service; or
6.2.2 Entries have been made in breach of the Important Information terms and conditions; or
6.2.3 there has been any activity which Shepherds Auctions Ltd and there partners consider is designed to unfairly influence the interactive service and/or provide an unfair advantage to the voter or entrant including without limitation use of automated or semi-automated calling technology (such as auto-diallers) or other automated technology; or the making or disguising of multiple entries or votes by an individual entrant using multiple different phone numbers (or other details on which limits on number of entries or votes are based).
6.3 If we have reason to believe that an individual entrant to our competitions or prize draws has made 30 or more entries (or such other level as set out in the Important Information information) using different phone numbers (or other details on which limits on number of entries are based) from any one entry platform then Shepherds Auctions Ltd will treat this as an attempt to unfairly influence the competition or prize draw and all entries submitted by that entrant will be discounted.
6.4 If we determine that an individual has attempted to unfairly influence or manipulate an interactive service then in addition to disqualification and/or discounting entries, votes or polls for that interactive service we may (in our sole discretion) ban that individual from future interactive services and disqualify and/or discount any future entries, votes or polls made in respect of our interactive services.
7 In relation to all competitions, prize draws, votes and polls promoted by Shepherds Auctions Ltd:
7.1 Nothing in the Important Information terms and conditions restricts your statutory rights as a consumer. For more details on these statutory rights you should contact your local Trading Standards Office or Citizens Advice Bureau.
7.2 Nothing in the Important Information terms and conditions shall exclude or limit Shepherds Auctions Ltd, the partners or SHEPHERDS AUCTIONS LTD group’s liability for death or personal injury caused by their staff or suppliers’ negligence or for fraud or for any other liability which cannot be limited or excluded by law or regulation.
7.3 None of SHEPHERDS AUCTIONS LTD, the partners or Shepherds Auctions Ltd can promise that the services relating to a competition, prize draw, 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 any problem with any network or line, system, server, software, or for any technical malfunction or failure, maintenance or repair or for reasons reasonably beyond the control of SHEPHERDS AUCTIONS LTD, the partners and/or Shepherds Auctions Ltd. Subject to 8.1 and 8.2, SHEPHERDS AUCTIONS LTD, the partners and/or Shepherds Auctions Ltd do not accept responsibility where all or any part of the service relating to a competition, prize draw, is discontinued, modified or changed in any way.
7.4 Subject to 8.1 and 8.2, Shepherds Auctions Ltd, other SHEPHERDS AUCTIONS LTD companies (“SHEPHERDS AUCTIONS LTD”) and/or the partners do not accept responsibility for any fault, malfunction, damage, loss or disappointment suffered by you as an entrant or participant howsoever arising from participating in a competition, prize draw, or from accepting any prize whether due to any error, omission by Shepherds Auctions Ltd, SHEPHERDS AUCTIONS LTD, the partners or its or their employees, agents or others or by any other cause.
7.5 Subject to 8.1 and 8.2, none of SHEPHERDS AUCTIONS LTD, the partners and/or Shepherds Auctions Ltd are responsible for any damage or loss caused to you (i) which is not reasonably foreseeable to you and to SHEPHERDS AUCTIONS LTD, the partners and/or Shepherds Auctions Ltd when you enter a competition, prize draw or participate in a vote or a poll or (ii) is reasonably foreseeable to you and to SHEPHERDS AUCTIONS LTD, the partners and/or Shepherds Auctions Ltd on entry but is only indirectly related to you entering or participating in a competition, prize draw, .
6.6 Subject to 8.1 and 8.2, SHEPHERDS AUCTIONS LTD, the partners and/or Shepherds Auctions Ltd will not be liable to reimburse the cost or expenses incurred in making a competition or prize draw entry or participating in a where applicable.
7.7 Subject to 8.1 and 8.2, SHEPHERDS AUCTIONS LTD, the partners and/or Shepherds Auctions Ltd do not accept responsibility in the event that any entry, vote and/or poll is lost, delayed or not properly received, registered or recorded or for any incorrectly addressed or undelivered competition or prize draw entries, votes or polls or for any disruption, delay or misdirection of such entries, votes or polls.
7.8 Subject to the above clauses, SHEPHERDS AUCTIONS LTD, the partners and/or Shepherds Auctions Ltd reserve the right to amend any element of a competition, prize draw, for reasons beyond their reasonable control, including but not limited to the unavailability of the vote, poll, competition or prize draw entry platform before the closing date, or for strike, lock-out, labour dispute, illness, act of God, natural disaster, adverse weather conditions, war, riot, civil commotion, accident, epidemic or pandemic, malicious damage, fire, flood and/or storm, compliance with law or governmental order, rule, regulation or direction, breakdown of plant, machinery or transportation. SHEPHERDS AUCTIONS LTD, the partners and/or Shepherds Auctions Ltd are not responsible for any loss or damage caused to you as a result of any of these occurrences.
7.9 You agree to reimburse SHEPHERDS AUCTIONS LTD, the partners and/or Shepherds Auctions Ltd in respect of any damages suffered by SHEPHERDS AUCTIONS LTD, the partners and/or Shepherds Auctions Ltd or any losses by SHEPHERDS AUCTIONS LTD, the partners and/or Shepherds Auctions Ltd resulting from any claim made by a third party in each case in respect of any matter arising from your use of the services relating to the competition, prize draw, in breach of the Important Information terms and conditions or from your violation of any applicable law or regulation.
7.10 It is your responsibility to ensure that you control access to any phone number that you use to enter. Subject to 8.1 and 8.2, SHEPHERDS AUCTIONS LTD, the partners and/or Shepherds Auctions Ltd shall not be responsible for any loss you suffer as a result of SHEPHERDS AUCTIONS LTD dealing in good faith with anyone other than you who has access to any such number (or any device using any such number).
8.2 Generally, we will only send you marketing messages if you indicate that you consent (e.g. by "opting-in") to receiving such messages.
8.3 Shepherds Auctions Ltd and/or the prize provider may send personal data of participants to an interactive service (and where applicable, companion(s) of a winner) to third parties outside the European Economic Area, for the purposes of administering the interactive service and by entering you agree to such transfer for these purposes.
8.4 By taking part in the competition, prize draw, (as applicable) you agree to participate in publicity at Shepherds Auctions Ltd’s request if you are the winner of a competition or prize draw. You agree that Shepherds Auctions Ltd (or any third party nominated by Shepherds Auctions Ltd) may in its sole discretion use the winner's (and if applicable their companion's) name and image and their comments relating to the prize and their experience for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid.
8.5 If you are the winner of a competition or prize draw you agree that Shepherds Auctions Ltd may list your name and location on the winners' page of the SHEPHERDS AUCTIONS LTD website(s) and SHEPHERDS AUCTIONS LTD may publish or announce your name and location elsewhere (including without limitation) as SHEPHERDS AUCTIONS LTD determines in its sole discretion.
9.1 Please note that by making an entry, you are consenting to us starting the interactive service immediately and any rights you may have to withdraw from or cancel your purchase (including but not limited to under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) will be lost because the performance of our services is simultaneous or begins immediately once your purchase is completed.
F. Contact Details and Further Information
10.1 If you have a comment, query or complaint about any interactivity provided by SHEPHERDS AUCTIONS LTD you may register it with SHEPHERDS AUCTIONS LTD Customer Support which can be contacted by phone on 0161 724 6040 or by email at Shepherds Auctions firstname.lastname@example.org. You will need to provide some or all of the following information:
(a) Your name
(b) Your email address
(c) The IP address of your computer
(d) If possible, your internet service provider
(e) The date(s) and time(s) when you experienced problems
(f) The nature of the problem you experienced
(g) A contact telephone number you can be reached on, if necessary
Queries will be addressed as soon as possible.