Land Rover / Virgin Galactic Competition Terms
PLEASE NOTE: Terms and conditions amended Monday 27th October, 2014 16:00 GMT to include an extension to the competition due to technical issues with the Galactic Discovery website that prevented some consumers from entering the competition. Please see term 19 below for the revised closing date.
The general terms and conditions set out below (the “Competition Terms”) apply to the Land Rover global prize competition (the “Competition”) being run and administered across 25 jurisdictions by Jaguar Land Rover Limited, a company incorporated in England and Wales with registered office at Abbey Road, Whitley, Coventry, CV3 4LF and company number 1672070, and its affiliate and group companies (“Land Rover”). This version of the Competition Terms applies to entrants in Canada and the United States of America (each, a “jurisdiction” for the purpose of this Competition and these Competition Terms).
1) Employees of Virgin Galactic, LLC (“Virgin Galactic”), Land Rover and employees of any third party affiliated with the Competition, Virgin Galactic or Land Rover’s parent companies, subsidiaries, distributors and other prize suppliers, directors, officers, and each of their immediate family members (spouses, domestic partners, parents, grandparents, siblings, children and grandchildren), and household members, whether or not related, and Virgin Galactic or Land Rover’s affiliates, advisors or media/advertising/promotion agencies/partners (and their immediate family and household members whether or not related) are not eligible to enter the Competition or eligible to be a member of the winner’s Guests, as defined below.
2) You must be a legal resident of fifty (50) United States of America, the District of Columbia or Canada (excluding Quebec). Void in Quebec, outside the fifty (50) United States of America and the District of Columbia and where prohibited by law.
3) You are ineligible to participate in the Competition or win a prize if you are, or become, by any reason of your nationality or otherwise subject to sanctions, debarments or restrictions imposed by (i) applicable law (including without limitation, under the US Export Administration Regulations, International Traffic in Arms Regulations, Foreign Assets Control Regulations, the Patriot Act and any other acts, regulations, statuses and executive orders made from time to time by the US Government); (ii) the US Government; or (iii) any US or international regulatory or competent body (including without limitation, the Federal Aviation Administration, the International Trade Administration, Office of Foreign Assets Control, the Bureau of Industry and Security, and the Department of Treasury), the effect of which would prohibit, limit or restrict your entry into the US or participations in the Prizes. A non-exhaustive list of persons currently subject to such sanctions and restrictions can be found here: https://new.export.gov/consolidated-screening-list and http://www.state.gov/j/ct/rls/other/des/123086.htm.
4) You must be aged at least 18 years or over to enter the Competition and to claim a Prize (as defined below). If you are a resident of Alabama or Nebraska, you must be at least 19 and if a resident of Mississippi, at least 21 years of age. If you are a resident of Canada, you must be over the age of majority (18 or 19) in your province or territory of residence.
5) You must have a valid Facebook account, a valid email address and Internet access in order to enter this Competition and to win a Prize.
6) Your entry into the Competition is subject to your acceptance of, and compliance with, these Competition Terms, and any terms contained in applicable promotional material.
7) The prizes available to be awarded for the Competition are as follows:
(i) one (1) national prize per jurisdiction will be available to be awarded to entrants who are subject to this version of the Competition Terms (each a “National Prize”). National Prize for Canada: Prize consists of a trip for four (4) to New Mexico, USA (exact destination to be determined by Virgin Galactic). Trip includes round-trip economy class air transportation for winner and three (3) guests from major international airport nearest winner’s residence to destination, three (3) nights’ hotel accommodations (two (2) standard rooms, double occupancy) and round-trip ground transportation between airport and hotel. Winner and guests will be given a tour of the Virgin Galactic Gateway to Space facility and have an opportunity to meet the Virgin Galactic flight team. Winner and guests will also be given the chance to take a desert off-road driving experience in a Land Rover. (Approximate Retail Value (“ARV”) of National Prize for Canada: US$49,736 (based on roundtrip travel from Toronto, Ontario, to Albuquerque, New Mexico USA. Exact dates will be determined by Land Rover in their absolute discretion. In order to participate in the off-road driving experience, the winner and his/her Guests (a) must be over the age of 21 and each have a valid driver’s license and insurance, to the satisfaction of the tour operator, in order to drive and (b) must be in good physical condition and have no injuries, ailments or impairments that could jeopardize their safety or the safety of others while participating, and may be required to sign an additional release and waiver as provided by the tour operator. National Prize for United States: Prize consists of a trip for four (4) to Iceland. Trip includes round-trip business class air transportation for winner and three (3) guests from major international airport nearest winner’s residence to destination, at least three (3) nights’ hotel accommodations (two (2) standard rooms, double occupancy), round-trip ground transportation between airport and hotel and select meals and activities. Exact details of trip will be provided to winner at time of prize notification. Approximate Retail Value (“ARV”) of National Prize for United States: UK£ 21,980/US$36,468. Trip must be taken January 30 – February 28, 2015. Exact dates will be determined by Land Rover in their absolute discretion.
(ii) one (1) bonus prize (the “Bonus Prize”) of a trip to Space with Virgin Galactic for the winner and three of his/her friends (“Guests”) will be awarded globally (i.e. across all participating jurisdictions running the Competition) (the “Space Flight”). The date of the Space Flight will be determined by Virgin Galactic after the winners have been announced and confirmed. The winner will take a number in the overall queue and be assigned a date accordingly for the Space Flight by Virgin Galactic. Although exact dates cannot be specified yet, the Space Flight will be within the first one thousand (1,000) private space flights taking off from the Spaceport described below. Exact date will be subject to availability and the winner must use all reasonable endeavours to make themselves available for the flight on the day proposed by Virgin Galactic. If agreement cannot be reached in respect of the winner’s availability within seven (7) days, an alternate winner may be selected for the Space Flight from the next best entry selected by the judging panel. The Space Flight will take place from Spaceport America, New Mexico USA. Land Rover will provide roundtrip coach/economy class air transportation for the winner and his/her Guests from the major airport nearest the winner’s residence to destination. Virgin Galactic will provide ground transportation between the airport and hotel, and standard hotel accommodation at the Sierra Grande Lodge and Spa or a hotel of the equivalent calibre (two (2) rooms, double occupancy, room rate and room tax only) for 3-4 nights before the flight near the location of the Spaceport along with the necessary training to enable the winner and Guests to complete their Space Flight. All travel details are at Land Rover’s and Virgin Galactic’s sole discretion. Winner and his/her Guests must be in good physical condition and have no injuries, ailments or impairments that could jeopardize their safety or the safety of others while participating, and may be required to sign an additional release and waiver as provided by the Space Flight operators. (ARV of Bonus Prize: US$1,000,000). You acknowledge and agree that, due to requirements, restrictions and limitations that may be imposed by applicable laws or other regulatory authorities, or where reasonably required by Virgin Galactic in order to comply with its flight safety or operational requirements, it may not be possible for the winner and their Guests (defined below) to be seated together, or travel on the same flight. (The National Prize and Bonus Prize shall together be the “Prizes”).
Prize requirements, restrictions and exclusions
8) The Prizes do not include any costs and expenses relating to the Prize or enjoyment of the Prize not specified in these Competition Terms, including without limitation expenses for food and refreshments unless otherwise specified to the winner in writing.
9) Where a Prize involves travel:
a. It shall not, unless expressly specified to the contrary in these Competition Terms, include taxes, ground transfers, additional transportation, food and beverages, gratuities, incidentals, baggage costs, telephone calls, excursions, charges for changing dates and/or reservations, additional accommodation and any other expenses that might reasonably be incurred by the winner or his/her Guests in receiving or using the Prize, unless otherwise specified to the winner in writing.
b. The winner and his/her Guests (where applicable) must have, and are solely responsible for obtaining, all necessary identification and/or travel documents and visas required for travel, including, but not limited to, a passport valid for at least 6 months at the time of travel. Land Rover may assist where necessary in its sole discretion;
c. Guests will each be required to meet the eligibility restrictions set forth in #3 above or he/she will not be permitted to accompany winner as a Guest on the applicable trip and execute and return a liability/publicity release prior to travel booking;
d. The winner’s name used for the Competition entry must match valid government issued identification;
e. A valid credit or debit card may be required for security deposit purposes when checking into any hotel included in a Prize;
f. Where any travel insurance is included as part of a Prize, it shall be subject to restrictions and the terms and conditions of the insurance provider and it is the responsibility of the winner and/or guest (where applicable) to meet any additional costs relating to obtaining insurance coverage for any pre-existing medical condition and for any additional costs as may be specified where the winner and/or guest are over a particular age;
g. Released Parties (defined below) are not responsible for any cancellations, delays, diversions or substitutions, or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, third party prize providers or any other persons involved in providing any prize-related goods, services or accommodations;
h. Released Parties will not be responsible for missed flights, trains, coaches etc. for any reason, winner’s failure to book or confirm the same consistent with Land Rover’s instructions, or any resulting expenses;
i. Released Parties are not responsible if the winner and/or his/her Guests are denied entry to, or re-entry from, any aircraft or the United States of America. In such event, the winner and/or their Guests will be solely responsible for all additional expenses incurred and may waive participation in the Prize, in whole or in part;
j. The winner and his/her guest(s) (if applicable), must each be at least 18 or the age of majority in their jurisdiction of residence (whichever is greater), and depart from and return to the same departure point and travel together;
k. Winner and Guests must acknowledge and agree that, due to requirements, restrictions and limitations that may be imposed by applicable laws or other regulatory authorities, or where reasonably required by Virgin Galactic strictly in order to comply with its flight safety requirements, it may not be possible for the winner and their Guests to be seated together, or travel on the same flight.
l. Itinerary of each Prize to be determined by Land Rover in its absolute discretion;
m. Frequent flyer points will not form part of a Prize; and
n. All travel details, including, but not limited to, air carrier and hotel, will be determined by Land Rover and/or Virgin Galactic in their sole discretion.
10) In the event of war, terrorism, state of emergency or disaster, Land Rover reserves the right to cancel, terminate, modify or suspend the Competition or suspend or modify a Prize.
11) The winner(s) will be exclusively responsible for any potential taxes due as a result of being awarded a Prize.
12) Prizes are subject to availability and Land Rover reserves the right to substitute any Prize (or portion thereof) for another prize of comparable or greater monetary value at its sole discretion.
13) Prizes are non-negotiable, must be accepted as awarded and may not be exchanged for any cash or other alternative (subject to the sole discretion of Land Rover), are not transferable, divisible, permitted to be sold or resold, or offered for sale by winners or his/her Guests and are not for use in conjunction with any other promotion or offer. Prizes cannot be replaced or refunded in the event of loss, theft or missed opportunity.
14) Any Prize, if won, could result in time off work or study. You should ensure prior to entering the Competition that you are able to take this time off work or study, where necessary. It is the sole responsibility of the winner and/or his/her Guests (where applicable) to arrange time off if necessary.
15) To the fullest extent permitted by applicable law, Prizes will be awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
16) With respect to: (i) the Bonus Prize:
a. By entering this Competition, you acknowledge and accept that the Bonus Prize will be provided by Virgin Galactic and not Land Rover and that Virgin Galactic will be responsible for all aspects of the provision of the Bonus Prize (save only for the roundtrip coach/economy class air transportation from the winner’s country of residence to the airport nearest the Spaceport, which will be provided by Land Rover) and that neither Land Rover nor its associated parties, agencies and related entities shall have any liability for the same.
b. The winner can select three Guests who will accompany him/her on the Space Flight, subject to final approval by Land Rover and Virgin Galactic. The three Guests selected by the winner on entry (i.e. nominated on Facebook), may not necessarily be the three that travel with him/her to Space. All Guests that are travelling must be aged 18 or over. The winner and Guests must consent to taking part in the Bonus Prize and must be willing to sign an informed consent document, Conditions of Carriage provided to them by Virgin Galactic, undergo medical/health evaluation, security and other clearances, and provide and undertake and any other necessary documentation and/or actions prior to flying.
c. The winner and his/her Guests acknowledge that the Space Flight is a dangerous activity which may result in injury or death, and participate at their own risk. By accepting and participating in the Bonus Prize, the winner and the Guests represent that they are in good physical health, and do not suffer from any condition or injury which might jeopardise their health or safety during participation in the Bonus Prize.
d. Virgin Galactic retains absolute discretion to decide whether the winner and his/her Guests are fit to travel; the winner and his/her Guests will be subject to a medical screening by a medical practitioner appointed by Virgin Galactic. Neither Virgin Galactic nor Land Rover will be liable to pay compensation to any winner or Guest who is deemed unfit or unable to travel. The winner and Guests will also need to carry out specific training decided upon by Virgin Galactic in advance of the Space Flight. The winner and his/her Guests may be required to have a certain level of health insurance prior to travel on the Space Flight, this will be determined by Virgin Galactic.
e. Land Rover or Virgin Galactic will not be liable to pay compensation to the winner or any of his/her Guests should the Bonus Prize become unavailable for reasons beyond the reasonable control of either Virgin Galactic or Land Rover or should the winner or any Guests be dissatisfied with the Bonus Prize.
17) In order to enter the Competition, you must follow the entry process set out below or otherwise indicated in any promotional material. The entry process involves a submission of content created by you demonstrating your spirit of adventure and creativity, a sense of passion and camaraderie in response to the requirements set out in the promotional material (the “Content”).
18) Entry must be made after 00:01 BST on 03 September 2014 (the “Opening Date”). Entries received prior to this time will not be accepted.
19) Entry must be made before 23:59 GMT on 21 November (the “Closing Date”). Entries received after this time will not be accepted.
20) All entries are deemed to be entered into the Competition at the time of receipt by Land Rover. Proof of electronic submission will not be accepted as proof of receipt.
21) Entry is limited to one entry per person. Each entrant may use only one email address and one Facebook account to participate. Duplication may result in disqualification.
22) Incomplete or indecipherable entries will not be accepted as valid. Entries that are completed or entered using script, macro or other automated means or by any other means not in compliance with these Competition Terms will be disqualified and the entrant may not be eligible for future participation in competitions run by Land Rover.
23) Land Rover reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who Land Rover has reason to believe has breached any of these Competition Terms, tampered with the entry process or engaged in any unlawful or other improper conduct calculated to jeopardise fair and proper conduct of the Competition. Errors and omissions may be accepted at Land Rover’s discretion. Failure by Land Rover to enforce any of its right at any stage does not constitute a waiver of those rights. Land Rover’s legal rights to recover damages or other compensation from such an offender are reserved.
24) If there is a dispute as to the identity of an entrant, Land Rover reserves the right, in its sole discretion, to determine the identity of the entrant.
25) In order to enter the Competition, entrants must submit Content. The Content shall be either an image with text or else a video up to thirty (30) seconds long. Any entries longer than thirty (30) seconds will be cut to the first 30 seconds only. No correspondence will be entered into in respect of the same.
26) The Content must be your own original work, or you must have permission from the creator of the Content to submit it for the purposes of entering the Competition, and permission from all persons featured in the Content for their participation in the submission.
27) By submitting Content for the purposes of entering the Competition, such Content along with all associated copyright and other proprietary rights, become the property of Land Rover upon submission and you hereby assign to Land Rover (by way of present assignment of present and future copyright) all intellectual property rights in and to such Content for use and exploitation for all purposes by Land Rover and its nominees in all media now known or hereafter developed. To the extent that Content may not be assigned to Land Rover due to operation of applicable law, you hereby grant Land Rover the irrevocable, unlimited, royalty-free, fully paid-up licence to the Content submitted (including all rights, embodied therein) and understands that Land Rover, its designees, successors and assigns may exploit, edit, modify, post, create derivatives of, distribute, and otherwise use the entry and all elements of such entry, including the names, likeness, voices and performances of individuals embodied therein, in whole or in part, in any manner, in any and all media now known or hereafter devised, worldwide, without compensation or notification to, or permission from, you or any third party. Land Rover is under no obligation to make use of the rights granted herein. To the extent permitted by applicable law, you waive all moral rights in and to the Content in favour of Land Rover. You may be required to sign a document to this effect. .
28) By providing an entry, you agree that your entry is gratuitous and made without restriction, and will not place Land Rover under any obligation.
29) You must comply with the following specific entry criteria as well as all other provisions of these Competition Terms:
1. You must register your entry on the Land Rover website relevant to your country of residence, accessible from: www.landrover.com/gotospace (“Competition Website”), which will include submission of your name, address, age, Facebook username, email address, and any other details required on the Competition Website.
2. You must follow the steps for submission of your entry as contained on the Competition Website and approve linking the Competition with your Facebook account, when prompted to do so.
3. You must complete the text field (max 70 words) detailing the reason “Why you are ready to discover”, upload the Content using the tools, and following the instructions, provided on the Competition Website and also publish the Content and tag three Facebook friends (provided you first obtain their consent to do so) who would go with you into space, were you to win the Bonus Prize, via the Competition Website tools.
4. The Content must meet the basic criteria as follows: It must be (a) no longer than 30 seconds in length if a video submission, or otherwise it must be a clear hi-res image if a photo submission; and (b) Content must be suitable for a family audience and in accordance with Land Rover’s corporate image and these Competition Terms.
30) Land Rover may decide (but shall not be obliged) to post or share select entries received over a particular time period via its various online properties, which may include the Competition Website, YouTube channels, Facebook and other platforms.
31) Land Rover may instruct a third party agency to monitor and review submitted entries and, to the extent that such entries do not meet the eligibility criteria or otherwise infringe these Competition Terms, such agency may disqualify such entries at its discretion.
You agree to take any further action (including, without limitation, execution of affidavits, assignments, waivers and other documents) reasonably requested by Land Rover to effect, perfect, or confirm Land Rover’s ownership or rights in and to the Content and any associated proprietary rights.
32) You must have the informed and express consent from all persons featured or appearing in the Content prior to entry, including consent for use of the Content by Land Rover as contemplated herein, which consent must be evidenced to Land Rover upon demand or you may be disqualified.
33) Your entry and Content must not contain: (a) anything which may be considered defamatory, inappropriate, offensive, abusive, unlawful, obscene, derogatory, pornographic, sexually inappropriate, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children, or otherwise unsuitable for publication; (b) anything which infringes or may infringe the intellectual property rights (such as unlicensed music, a company’s logos or branding etc.), privacy or confidentiality rights, personality rights, image rights (such as a picture of a celebrity etc.) or any other rights whatsoever of any third party, without permission, to the extent permission is necessary; (c) anything which denigrates or may denigrate (in Land Rover’s sole opinion) the Land Rover brand, the Competition, the Virgin Galactic brand, or any other third party brand, product or service; (d) swear words, inappropriate language, nudity, violence, imagery or themes of an adult or sexual nature; or (e) any other materials or content which Land Rover considers (in its sole discretion) to be contrary to the nature and spirit of the Land Rover brand or the Competition.
34) You are responsible for mobile and cell data and/or internet and/or other connection charges for entry.
35) Land Rover reserves the right at its absolute discretion to disqualify entrants that do not comply with these Competition Terms or the spirit thereof or any entrant who it reasonably believes has interfered with the fair running of the Competition.
36) The use of any automated entry software or any other mechanical or electronic means that permits any person to enter the Competition repeatedly is prohibited. Land Rover reserves the right to disqualify any entrant (and void all associated entries) that it feels has sought to take an unfair advantage over other entrants by using such technologies or otherwise in its sole discretion.
37) Released Parties will not be responsible or liable for: (a) any failure to receive entries due to transmission failures and other conditions beyond its reasonable control; (b) any late, lost, misrouted, garbled, distorted or damaged transmissions or entries; (c) telephone, electronic, hardware, software, network, Internet or other computer or communications related malfunctions or failures; (d) any contest disruptions, injuries, losses or damages caused by events beyond the control of Land Rover; or (e) other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Competition, including, without limitation, errors or difficulties which may occur in connection with the administration of the Competition, the processing or judging of entries, the announcement of Prizes or in nay Competition-related matters.
38) This Competition is a game of skill and chance plays no part in determining the winners. The Competition involves selection of winners by a judge or judging panel following the Closing Date. The winner of: (a) the National Prizes, will be selected from all valid entries received after the Opening Date but before the Closing Date in each particular jurisdiction; and (b) the Bonus Prize will be selected from all valid and confirmed winning entries of the National Prizes awarded in each participating jurisdiction combined, by a panel of judges selected by Land Rover, which panel will include at least one independent person. A different panel of judges may be used for each participating jurisdiction for determination of the winner of the National Prizes. After submission of an entry on the site, valid entries will be reviewed by a third party agency to ensure the entries are compliant with these Competition Terms. Once an entry is deemed valid by any appointed agency, the National Prizes will be determined by judges at a local level from all valid entries submitted in a particular participating jurisdiction. The winning entries of the National Prizes from each participating jurisdiction will then be reviewed by a global panel of judges who will select the winning entry of the Bonus Prize. In the event of a tie for any Prize, an additional tie-breaking judge will re-judge all tied entries using the judging criteria set forth herein to determine the winner. Sponsor reserves the right to not award all Prizes if, in its sole opinion, it does not receive a sufficient number of eligible and qualified entries. Judging scores will not be revealed.
39) The relevant judging panel will select the winning entry for each Prize based on a fair objective judging criteria. Entries will be judged on their demonstration of answering the question put forth on the Competition Website and the following equally weighted judging criteria: a spirit of adventure, creativity, camaraderie, passion. The judging panel’s decision shall be final and no correspondence shall be entered into. Your chances of winning depend on your skill in answering the question(s) and meeting the applicable criteria to the satisfaction of the judges. The names of the judges for the Competition are available on request.
40) Land Rover reserves the right to verify the identity and age of a winner and all relevant related parties prior to awarding any Prize. Winners may also be subject to a Criminal Record or associated background check to ensure suitability of representing the brand.
41) The winner will be notified online whether by Facebook or e-mail or both. The winner of a Prize will have seven (7) days from the date and time the notification was sent to claim a Prize by replying in the way required in the notification.
42) If the winner (or later substitute winner) of a Prize does not respond within this timeframe, Land Rover reserves the right to disqualify the winner and instruct the judging panel to select a substitute winner, at its sole discretion.
43) The winner’s name and state, province or jurisdiction (as applicable) will be made available by Land Rover on the Competition Website for a limited time once the winner has been selected.
44) Third party suppliers of Prizes (including venues) may also often stipulate their own terms, conditions or restrictions and all Prize winners agree to be bound by these. Any Prize which is a voucher may be valid for a limited time and include additional restrictions, and winners must be sure to use the voucher within this time and in compliance with such restrictions.
45) The winner (and any guest of the winner who may be entitled to take part in a Prize) may be required to sign and return any documents reasonably requested by Land Rover including an Affidavit (or, if a resident of Canada, a Declaration) of Eligibility and Liability/Publicity Release (or local equivalent), prior to receiving any portion of a Prize. Failure to return any required document by the date requested will render the potential winner ineligible to receive a Prize. If any documentation is not returned as requested within 72 hours of notification via transmission to the email address provided in the entry or other method, or if a potential winner is deemed ineligible prior to a Prize being awarded, Land Rover may, in its sole discretion, award a Prize to the next alternative potential winner selected by the judging panel.
Privacy and Publicity
47) You agree that, by participating in the Competition, to the extent that you become a winner, Land Rover may use your name, image or likeness (including, but not limited to, Facebook profile photo) in any manner (including a photograph, film or recording of the same) and in any medium now or hereafter devised, for our advertising, promotional and other purposes, worldwide, in perpetuity, without additional compensation, notification or permission, except where prohibited by law. You may be required to sign a document to this effect.
48) If you win the Bonus Prize, you agree that Land Rover may photograph, film and otherwise record you and your Guests’ journey to space (“Bonus Prize Footage”). You agree that Land Rover shall own all right, title and interest in the Bonus Prize Footage and that Land Rover, its designees, successors and assigns may exploit, edit, modify, post, create derivative works of, distribute and otherwise use the Bonus Prize Footage and all elements of such, including the names, likenesses, voices and performances of individuals embodied therein in whole or in part, in any manner, in any and all media now known or hereafter devised, worldwide in perpetuity, without compensation, notification or permission from you or any third party. You and your Guests may be required to sign a document to this effect.
50) The Released Parties are not responsible for any changes or unavailability of the Facebook service that may interfere with the Competition (including any limitations, any restrictions, or any conditions on Land Rover’s ability to use Facebook for the Competition as set forth herein that are not acceptable to Land Rover) or ability of entrants to timely enter, receive notices or communicate with Land Rover via Facebook, in which case Land Rover, in its sole discretion, may terminate or modify the Competition. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the registered account holder of the e-mail address associated with the Facebook account for the potentially winning entrant, but only if that person meets all other eligibility criteria. A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winners may be required to provide Land Rover with proof that he/she is the registered account holder for the e-mail address associated with the Facebook account for the potentially winning entry. If a dispute cannot be resolved to Land Rover’s satisfaction, the entry will be deemed ineligible. Any damage made to the Facebook service or website will be the responsibility of the registered account holder of the e-mail address for the Facebook account submitted at the time of entry. It is the entrant’s responsibility to set his/her account settings to accept contacts by Land Rover and to timely check his/her Facebook account for any Land Rover direct messages.
51) By participating in a Competition, to the fullest extent permitted by applicable law, you agree to release, discharge, indemnify and hold harmless Land Rover, Virgin Galactic, and their parent, subsidiaries, affiliates, related companies, advisors, media/advertising/promotion agencies/partners including The Brooklyn Brothers Ltd, distributors, vendors, Facebook and prize suppliers, as well as their directors, officers, advisors and employees (collectively, the “Released Parties”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to your participation in the Competition, your beach of these Competition Terms, your submission of Content, Land Rover’s use and exploitation of the Content, and/or related to any Prize or component of any Prize (including any travel or activity related thereto).
52) Each entrant who becomes a winner of a Competition agrees (for himself or herself and his or her heirs) that, by accepting a Prize, to the fullest extent permitted by law, the Released Parties will have no liability, and will be held harmless by the winner for any liability, loss, injury or damage to property or person, including death, and reasonable legal fees and court costs, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the Prize or participation in the Competition, save that nothing in these Competition Terms shall be construed to limit or exclude any liability of a Released Party for fraudulent misrepresentation, fraud, death or personal injury caused by a the Released Party’s negligence or any other liability to the extent the same may not be excluded or limited as a matter of law.]
53) In the event of exceptional circumstances outside its reasonable control and only where circumstances make this unavoidable, Land Rover reserves the right to cancel or amend the Competition or these Competition Terms at any stage including doing so only in one or more jurisdictions, but will always endeavour to minimize the effect to participants in order to avoid undue disappointment.
54) To the fullest extent permitted by applicable law, Land Rover excludes all liability for any costs, expenses, loss or damage whether direct, indirect, consequential or economic arising (whether in contract, tort or otherwise) out of or in connection with your participation in the Competition, entry into these Competition Terms or receipt or use or misuse of any Prize (including travel or activity related thereto).
55) The decisions of Land Rover and Virgin Galactic are final and legally binding on all entrants and Guests, and no correspondence will be entered into with entrants or any other person except as contemplated herein.
56) Competition is subject to all applicable federal, provincial, state and local laws.
57) No term of these Competition Terms shall be enforceable by any person who is not a party to them either under the Contracts (Rights of Third Parties) Act 1999 or otherwise, unless such party is an affiliate or group company of Land Rover.
58) For USA: The Competition and these Competition Terms are governed by the internal laws of the State of New Jersey, without regard to its conflict of law principles. Any legal proceeding concerning these Competition Terms must be brought exclusively in the state or federal courts located in New Jersey and you irrevocably submit to the personal jurisdiction and venue of such courts. For Canada: The Competition and these Competition Terms are governed by the Laws of Ontario and the federal laws of Canada applicable therein.
Sponsor/Promoter: The Sponsor/Promoter of the Competition is Jaguar Land Rover Limited, a company incorporated in England and Wales with registered office at Abbey Road, Whitley, Coventry, CV3 4LF and company number 1672070.