Competition Terms and Conditions
- These general competition terms and conditions (the “Terms“) apply to any promotion, prize draw or competition (a “Competition“) operated by TriSwim including competitions advertised, via the TriSwim website or through any other medium including on any social media websites such as Facebook, Twitter, Instagram or TikTok.
- These Terms, along with any Supplementary Rules (as defined in section 2 below) shall be legally binding on you when you enter and/or participate in any Competitions.
- By submitting an entry to any Competition you are agreeing to these Terms and any Supplementary Rules and you warrant that you have legal capacity to enter into and agree to be bound by these Terms and any Supplementary Rules.
- All Competitions will be supplemented by some additional terms and rules that apply to that specific Competition, which we will also make available on our website or any third party websites that are used to advertise a Competition from time to time such as Facebook or Twitter (the “Supplementary Rules“).
- The Supplementary Rules are hereby incorporated into and form a part of these Terms.
- The Supplementary Rules shall set out:
- the opening and closing date for that Competition;
- details of all prizes for that Competition including whether any additional third party terms apply to those
prizes or not;
- details of how to enter;
- details of how the winner will be selected including any relevant judging criteria;
- any specific eligibility criteria that applies to that Competition;
- if multiple entries are permitted, and
- any other additional terms that apply to that Competition.
- In the event that there is any conflict between these Terms and the Supplementary Rules then the Supplementary Rules will prevail.
- Unless otherwise specified in the Supplementary Rules, all Competitions are open to people in the United Kingdom and entrants must be either resident in the UK aged 18 or over, unless specifically stated otherwise.
- Competitions are not open to any employees of TriSwim or any third parties who are connected to the Competition or, in each case, any members of their immediate families (including their spouse, parents grandparents, children, brothers, sisters, uncles, aunts and cousins).
- Any winners of a prize in any Competition with a value of more than £100 (as determined by TriSwim in its reasonable discretion) are not eligible to enter any further Competitions for a period of 28 days from the date such prize was awarded to them.
- TriSwim reserves the right to require proof that an entrant meets the eligibility requirements for any Competition. Failure to provide proof of the eligibility requirements may result in disqualification from a Competition and the forfeit of any prizes awarded.
- If any specific Competition only permits one entry per person you agree that you will not submit multiple entries.
- Any other specific eligibility requirements that apply to a particular Competition will be set out in the Supplementary Rules.
How to enter
- All Competitions are free to enter. Details of how to enter a particular Competition will be set out in the Supplementary Rules.
- Please note that your mobile or telephone service provider may charge you for any Competition entries you make by phone or by text.
- Entries must be correctly submitted by the closing date of the Competition. TriSwim accepts no responsibility for any entries or information that is incomplete, incorrectly submitted or fail to reach us by the closing date for any reason.
- Details of prizes for specific Competitions set out in any Supplementary Rules that apply to a particular Competition.
- Prizes may be provided by our third party partners. TriSwim cannot be held responsible and to the fullest extent permitted by applicable law accepts no liability for any prizes that are defective in any way or do not meet your expectations or requirements.
- Where prizes are awarded by third parties you acknowledge and agree that additional third-party terms and conditions may apply in respect of such prizes. We will stipulate in the Supplementary Rules whether any third-party terms and conditions apply to any prizes for that Competition. You acknowledge that prizes are awarded subject to your acceptance of any such third-party terms and conditions and TriSwim reserves the right to award the prize to another entrant should you refuse to accept them.
- All prizes are subject to availability. TriSwim reserves the right to replace any prize with an alternative of equal or higher value (including a cash award) at any time in its absolute discretion.
- Any failure on the part of the winner to meet the eligibility requirements set out in these Terms or the Supplementary Rules may result in the winner forfeiting their entitlement to a prize and you hereby acknowledge that in such circumstances, TriSwim shall be entitled to offer the prize to another entrant.
How winners are selected
- The exact method for selecting winners of our Competitions may vary depending on the nature of the Competition. Unless we have stipulated a different mechanism for selecting the winner in the Supplementary Rules the winner shall be selected by a random prize draw.
- Any decision by TriSwim in relation to how the winner to any Competition is selected shall be final.
Notification of winners
- Competition winners will be notified as either by email (to the email address given by the individual when entering the competition) unless specified otherwise in the supplementary rules.
- If TriSwim cannot contact the winner or the winner does not complete any steps that may be required by TriSwim to accept the prize within a reasonable period of time, TriSwim reserves the right to offer the prize to another entrant.
- The names of any Competition winners and the approximate area that such winners are resident may be published on the TriSwim website or any other website or social media pages where a Competition has been advertised. By submitting an entry to any Competition, you agree to the publication of your name and where you are resident in this way.
- By submitting your entry and agreeing to these Terms you hereby grant TriSwim a perpetual, non-exclusive, transferable, sub-licensable worldwide and royalty free licence to use your entry, including any intellectual property rights that may subsist in your entry for the purposes of the administration and promotion of the relevant Competition.
- For the avoidance of doubt you shall retain ownership of any intellectual property rights that may subsist in any Competition entries that you submit to us.
- You acknowledge and agree that:
- all material and content included in any entry you submit to any Competition is either owned by you, or you have the permission of the owner such that our use of your entry in the Competition will not infringe the rights of any third party; and
- you agree to indemnify TriSwim against any third party claims arising from the submission of your entry to any Competition (which means you will be responsible for any losses or damage that TriSwim suffers as a result of any such third party claims).
- TriSwim makes no representation or warranties of any kind regarding the nature or quality of any prizes which are provided. All prizes are provided on an ‘as is’ and ‘as available’ basis and any conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.
- TriSwim accepts no responsibility or liability for any damage, loss or injury suffered by any entrant as a result of entering any Competition or accepting any prize which shall be entirely at you own risk, provided that nothing in these Terms shall exclude TriSwim’s liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; or
- any other liability that cannot be excluded by law.
- If you breach these Terms or any Supplementary Rules, or if TriSwim considers in its reasonable discretion that you have acted in a way that may bring TriSwim into disrepute or is otherwise inappropriate, TriSwim may disqualify you from any Competition and you will be ineligible to win any prizes awarded in connection with such Competition.
- TriSwim may in its absolute discretion cancel or amend any aspect of any Competition without prior notice if it considers it necessary to do so, although TriSwim will use reasonable endeavours to avoid changing any Competition that has already started in a way that disadvantages any entrants who have already submitted their entries.
- TriSwim may change these Terms at any time without notice to you.
- These Terms do not create or infer any rights that are enforceable by any person who is not party to them.
- If TriSwim decides not to exercise or enforce any right that it has against you at a particular time, then this does not prevent TriSwim from later deciding to exercise or enforce that right.
- If any part of the Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.
- These Terms, including their subject matter and formation, are governed by English law. You agree that the courts of England and Wales will have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, save that if you are a resident of Northern Ireland or Scotland you may also bring proceedings in the jurisdiction in which you are resident.