MBNExpo competition

 Competition terms and conditions

This Agreement is made on the 06 day of November 2023 Between Electronic Business Systems Limited t/a EBS And

Parties

This Agreement is between Electronic Business Systems Limited t/a EBS, a company incorporated and registered in England and Wales with company number 01457911 whose registered office is at 852 Tyburn Rd, Birmingham, B24 9NT (the “Organizer”) and the individual or entity agreeing to these terms (“Participant”).

Background

(A)           The purpose of this Agreement is to set out the terms and conditions (“Terms”) under which the Participant may enter the prize draw competition (“Competition”) organized by EBS.

(B)           EBS intends to conduct the Competition and the Participant intends to enter the Competition, both parties agreeing to abide by these Terms.

(C)           The Competition involves entering your details (name, email and company) into a prize draw, and the Participant’s entry into the Competition is subject to the detailed terms set out in this Agreement.

(D)           This Agreement is designed to comply with all relevant UK laws and regulations governing prize draw competitions, and both parties agree to conduct themselves in accordance with such laws and regulations.

1.                   Definitions

1.1.              In this Agreement, unless the context otherwise requires, the following words and phrases shall have the following meanings:

– Agreement: The entire contract, including all its sections and appendices.

– Organizer: The company or organization conducting the prize draw competition.

– Participant: The individual or entity entering the competition.

– Entry: The act of participating in the competition, as defined in the Entry Procedure section.

– Prize: The reward to be given to the winner of the competition.

– Winner: The participant who is selected to receive the prize.

– Competition: The prize draw competition organized by EBS.

– Terms: The terms and conditions set out in this agreement.

1.2.              Any reference in this Agreement to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.

1.3.              The headings in this Agreement are for convenience only and shall not affect its interpretation.

1.4.              Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

2.                   Eligibility Criteria

2.1.              The Competition is open to individuals who are at least 18 years of age at the time of entry. If a Participant is under 18 years of age, they must obtain parental or guardian consent to enter and the parent or guardian may be asked to confirm such consent in writing.

2.2.              The Competition is open to residents of the United Kingdom only. Participants must provide a valid UK address for delivery of the Prize.

2.3.              Employees of EBS, their immediate family members, and anyone professionally connected with the Competition are not eligible to enter.

2.4.              Each Participant is limited to one Entry in the Competition. Multiple Entries from the same Participant will result in disqualification.

2.5.              By entering the Competition, the Participant agrees to comply with these Terms. Failure to comply with these Terms may result in disqualification from the Competition.

2.6.              Any additional eligibility criteria specific to the Competition will be stated in the Competition announcement or other promotional materials.

3.                   Entry Procedure

3.1.              Method of Entry: To enter the Competition, the Participant must either enter online at ebs.tech/competition or leave details on the day of the Midlands Business Network Expo (28th November) with the EBS team. Any entries not made in accordance with these instructions will not be accepted.

3.2.              Entry Period: The Competition will commence on 6th November at 12pm and close on 30th November at 5pm. Entries received outside of this period will not be considered.

3.3.              Number of Entries: Each Participant is allowed one entry/entries per person.

3.4.              Entry Costs: There is no entry fee required to enter this Competition. However, if entry requires the purchase of a product or service, the cost should be clearly stated here. No additional payment is required to win a Prize.

3.5.              Incomplete or Ineligible Entries: Incomplete entries or entries that do not comply with the Terms of this Agreement will not be accepted. EBS reserves the right to verify the eligibility of all entries.

3.6.              Proof of Entry: Proof of sending will not be accepted as proof of entry. Only entries received in accordance with these Terms will be accepted.

3.7.              Technical Issues: EBS is not responsible for any technical issues that may result in an entry not being received for any reason or for entries received which are corrupt or not in accordance with these Terms.

4.                   Prize Details

4.1.              The prize for the Competition is an IT and cybersecurity healthcheck of your business, with an approximate retail value of £2,000.

4.2.              The Prize is subject to the following conditions: [LIST OF CONDITIONS]. EBS reserves the right to impose additional reasonable conditions related to the Prize if necessary.

4.3.              In the event that the Prize described in Clause 5.1 becomes unavailable for any reason, EBS reserves the right to substitute the Prize with another prize of equivalent value.

4.4.              The Prize will be delivered to the Winner within three months of the Winner being notified. EBS will bear the cost of delivering the Prize to the Winner.

4.5.              If the Prize is non-cash, there is no cash alternative available. The Prize must be accepted as awarded and is non-transferable.

4.6.              Any tax implications arising from the receipt of the Prize are the sole responsibility of the Winner. EBS accepts no responsibility for any tax implications that may arise from the Prize winnings.

5.                   Selection and Notification of Winners

5.1.              Selection Process: The Winner(s) of the Competition will be selected at random from all valid Entries received by EBS by the closing date. The selection will take place within 10 days following the closing date of the Competition. The selection process will be supervised by an independent observer, where necessary.

5.2.              Notification Process: The Winner(s) will be notified by EBS via email within 10 days of the selection. The notification will include instructions on how the Winner(s) can claim their Prize.

5.3.              Unclaimed Prizes: If a Winner cannot be contacted or does not claim their Prize within 5 days of notification, EBS reserves the right to withdraw the Prize from the Winner and select a replacement Winner.

5.4.              Publicity: The Winner(s) agree(s) to the use of their name and image in any publicity material related to the Competition. Any personal data relating to the Winner(s) or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

5.5.              Disqualification: EBS reserves the right to disqualify any Winner(s) if they have breached any of these Terms, are found to be ineligible, or cannot be contacted or do not claim their Prize within the specified time period.

6.                   Data Protection and Privacy

6.1.              Data Collection: EBS will collect personal data from the Participant, including but not limited to name, contact details, and any other necessary information for the purpose of managing entries to the Competition. The Participant consents to this collection of personal data upon entering the Competition.

6.2.              Data Use: EBS will use the collected data for the purposes of managing the Competition, contacting winners, and promoting the Competition. The Participant consents to this use of personal data upon entering the Competition.

6.3.              Data Storage and Security: EBS will store the collected data in a secure storage system, with appropriate measures such as encryption and access controls in place to protect the data from unauthorized access, alteration, or disclosure.

6.4.              Data Sharing: EBS may share the Participant’s data with third parties involved in the administration of the Competition. The Participant consents to this sharing of personal data upon entering the Competition.

6.5.              Data Retention: EBS will retain the Participant’s data for a period necessary to fulfill the purposes outlined in this Agreement, after which the data will be deleted or anonymized.

6.6.              Participants’ Rights: The Participant has the right to access their data, request corrections, object to processing, and request deletion of their data in accordance with the Data Protection Act 2018 and GDPR.

6.7.              Contact Information: Any queries or concerns about the Participant’s data should be directed to EBS or their designated data protection officer at [CONTACT DETAILS]

7.                   Intellectual Property Rights

7.1.              Ownership of Intellectual Property: Unless otherwise expressly agreed in writing, all intellectual property rights in any submissions made by the Participant as part of the Competition shall remain the property of the Participant.

7.2.              Grant of License: By entering the Competition, the Participant grants to EBS a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and modify the Participant’s submission for the purposes of administering the Competition and for any promotional or advertising purposes related to the Competition.

7.3.              Participant Warranties: The Participant represents and warrants that their submission is their original work, that they have all necessary rights to grant the license set out in clause 8.2, and that their submission does not infringe the intellectual property rights of any third party. The Participant agrees to indemnify the EBS against any claims, damages, liabilities, costs, and expenses arising out of any breach of this warranty.

7.4.              Organizer’s Intellectual Property: All intellectual property rights in the Competition materials, including any branding or promotional materials used by the EBS, remain the property of EBS. The Participant is not granted any rights in or to these materials and agrees not to use them without EBS’s express written permission.

8.                   Liability and Indemnity

8.1.              Limitation of Liability: Except as expressly set out in this Agreement, EBS shall not be liable for any indirect, consequential, or punitive damages arising out of or in connection with the Competition, whether based on breach of contract, tort (including negligence), or otherwise, even if EBS has been advised of the possibility of such damages. EBS’s total liability, if any, shall not exceed the value of the Prize.

8.2.              Exclusions from Liability: EBS shall not be liable for any failure to comply with its obligations under this Agreement where such failure is caused by something outside its reasonable control, including but not limited to technical failures, unauthorized intervention, or force majeure events.

8.3.              Indemnity: The Participant agrees to indemnify, defend, and hold harmless EBS, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from any violation of this Agreement, or any activity related to the Participant’s entry into the Competition (including negligent or wrongful conduct).

8.4.              Acknowledgement of Risks: The Participant acknowledges and agrees that their participation in the Competition is at their own risk and that, to the extent permitted by law, EBS is not liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, which arises out of or is in any way connected with the Participant’s entry into the Competition.

8.5.              Insurance: The Participant is responsible for obtaining any insurance they believe necessary or advisable to cover any potential liability or risk associated with entering the Competition.

8.6.              Compliance with Laws: EBS’s liability under this Agreement is subject to compliance with all relevant UK laws and regulations.

9.                   Termination

9.1.              Grounds for Termination: EBS reserves the right to terminate the Competition at any time if it believes, in its sole discretion, that the Competition cannot be conducted as specified in these Terms due to circumstances beyond its control, including but not limited to instances of fraud, technical difficulties, or any changes in the applicable laws and regulations.

9.2.              Notice of Termination: In the event of such termination, EBS will notify the Participant as soon as reasonably practicable, using the contact details provided by the Participant at the time of entry. EBS will also make a public announcement on its website or through other appropriate channels.

9.3.              Consequences of Termination: Upon termination of the Competition, EBS will not be obliged to award any Prizes that have not already been awarded at the time of termination. Any entry fees paid by the Participant will be refunded in full within a reasonable period of time.

9.4.              Dispute Resolution: Any disputes arising out of or in connection with the termination of the Competition shall be resolved in accordance with the dispute resolution procedure set out in this Agreement.

9.5.              Survival of Terms: Notwithstanding the termination of the Competition, the provisions of this Agreement relating to intellectual property, liability, confidentiality, and dispute resolution shall continue in full force and effect.

10.                Governing Law and Jurisdiction

10.1.           This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

10.2.           Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

11.                Amendments

11.1.           Either EBS or the Participant (the “Proposing Party”) may propose an amendment to this Agreement. Any such proposed amendment must be in writing and delivered to the other party.

11.2.           The proposed amendment will only become effective if it is accepted in writing by the other party. The acceptance must be clear and unambiguous, and it must be communicated to the Proposing Party in writing.

11.3.           Any amendment to this Agreement will be documented in a written amendment agreement. The amendment agreement will reference this Agreement and clearly state the changes being made. The amendment agreement must be signed by both EBS and the Participant to be effective.

11.4.           Once signed, the amendment agreement will form part of this Agreement and will have the same legal effect as this Agreement. The amendment will not result in any unfair terms or a breach of this Agreement.

12.                Severability

12.1.           If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.

12.2.           Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.

12.3.           If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

13.                Entire Agreement

13.1.           This Agreement, including any schedules or annexes attached hereto, constitutes the entire agreement and understanding between EBS and the Participant in relation to the subject matter hereof. It supersedes and extinguishes all prior agreements, drafts, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing, between the parties in connection with the subject matter hereof.

13.2.           The Participant acknowledges that in entering into this Agreement, it has not relied on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in this Agreement. No party shall have any claim for innocent or negligent misrepresentation based upon any statement in this Agreement.

13.3.           Any variation to this Agreement shall only be valid if it is in writing and signed by or on behalf of each of the parties.

13.4.           The Participant acknowledges that it has read and understood the terms of this Agreement and agrees to be bound by them.

14.                Force Majeure

14.1.           For the purposes of this Agreement, “Force Majeure Event” means an event beyond the reasonable control of EBS including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

14.2.           EBS shall not be liable to the Participant as a result of any delay or failure to perform its obligations under this Agreement as a result of a Force Majeure Event.

14.3.           If the Force Majeure Event prevents EBS from providing any of the Services for more than 10 weeks, EBS shall, without limiting its other rights or remedies, have the right to terminate this Agreement immediately by giving written notice to the Participant.

14.4.           EBS shall use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.

14.5.           If a Force Majeure Event occurs, EBS shall notify the Participant as soon as reasonably practicable of the nature and extent of the Force Majeure Event.

15.                Waiver

15.1.           No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

15.2.           A waiver of any term, provision or condition of this Agreement shall be effective only if given in writing and signed by the waiving party, and then only in the instance and for the purpose for which it is given.

15.3.           Unless expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

15.4.           Any single or partial exercise of any right, power or privilege under this Agreement shall not preclude any other or further exercise of that or any other right, power or privilege.

16.                Notices

16.1.           All notices under this Agreement shall be in writing and signed by or on behalf of the party giving it.

16.2.           Any notice or other communication given under or in connection with this Agreement shall be:

(a)                 sent by first class post to the address, or emailed to the email address, provided by the other party; and

(b)                marked for the attention of the relevant party.

16.3.           Any notice or communication shall be deemed to have been received:

(a)                 if delivered by hand, at the time the notice is left at the proper address;

(b)                if sent by first-class post, at 9.00 am on the second Business Day after posting; and

(c)                 if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume.

16.4.           This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

16.5.           For the purposes of this clause, “writing” shall not include email, and for the avoidance of doubt notice given under this Agreement shall not be validly served if sent by email.