Terms & Conditions
Winawhip.com is a trading name of Flipping Cars Ltd, Building 300 Trinity Park, Solihull, West Midlands B37 7ES Registered in England and Wales number 09592739
The following Terms & Conditions form a contract and apply to all Entries submitted to the Competition for which is set out below, the prize shall be either the car or alternate cash prize at the discretion of the competition owner, that being Flipping Cars Ltd
In entering the Competition, Entrants will be required to tick on the Website that they have read and accepted these Terms and Conditions, are over the age of 18, are UK resident and agree to be bound by them in their entirety.
- The Competition is operated by the Promoter Flipping Cars Ltd. The Promoter is authorised by the legal owner of the Prize to offer the said prize as a prize in this Competition.
How to Enter
- By submitting an Entry, Entrants agree to be bound by these Terms and Conditions. If you do not so agree, do not submit an Entry. Submitting an entry is your agreement to these terms and conditions.
- To validly enter the Competition Entrants must do all of the following:
(a) complete all details on the entry form on the Website correctly
(b) pay the Entry Fee
(c) submit an attempted answer or solution to the Challenge before the end of the Closing Date (as may be extended in time).
- At the Promoter’s sole discretion, the requirement to pay the Entry Fee may be satisfied by redeeming a voucher code or credit provided to the Entrant under one of its promotional schemes. Entries so credited as paid shall have the same status as Entries paid in cash excepting that they shall not count towards the calculation of the Minimum Number of Entries.
- Payment of the Entry Fee shall be processed by Stripe.com. This shall be subject to Stripe.com terms and conditions, which shall be available to view by following the link on the payment page of whinawhip.com. The Entry Fee must be received by the Promoter in pounds sterling only and if you make payment in a different currency, the amount you pay in that currency may have currency exchange and international transfer charges added.
The Promoter will store and process the Entrant’s personal information (which must include
details of at least one form of contact which will be used for the following purposes:
(a) to notify any Winner or Runner(s) Up if a runners up prize is made available, that they have won a prize in the Competition;
(b) to administer the Website and conduct the Competition; and after a Draw, to post the Winner and any Runner(s) Up's first name, surname, photograph and town of residence on the Website and in publicity about the Competition. If you refuse to have these details published your entry will become invalid and no refund will be made. You accept these terms and conditions.
- All Entrants are solely and completely responsible for providing the Promoters with accurate and current contact details. The Promoters will be in no way liable for any failure or inability to make contact with any Entrant due to any errors, omissions or inaccuracies in the contact details provided by the Entrants or otherwise.
- The Promoters will not accept: responsibility for Entries that are lost, mislaid, damaged or delayed in transit, regardless of cause including, for example, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or any other purported proof of entry to the Competition other than as recorded by the Website’s systems.
An Entry shall be declared void (without any refund being given) if the Entrant engages in:
(a) any form of fraud (actual or apparent);
(b) fraudulent misrepresentation;
(c) fraudulent concealment;
(d) hacking or interference with the proper functioning of the Website; or
(e) amending, or unauthorised use of, any of the code that constitutes the Website.
- Each individual Entrant may submit up to 100 (one hundred) valid Entries, but the Entry Fee must be paid and the Challenge completed on each purchase. Entrants may increase their total number of tickets to be bought after successfully passing the challenge.
- Only valid Entries will be entitled to participate in the Competition and only Correct Entries will proceed to Draw phase and be eligible to win any prize in the Competition
- All Entries will become the property of the Promoters on receipt and will not be returned.
- All Entries to the Competition are final and no refunds shall be made at any time or for any reason, except in the case of Entries submitted after the Closing Date for which payment has been taken.
- Any chargebacks will incur an administration cost of £20 GBP and the entrants agree to pay this in full. We will pursue all chargebacks and you agree to pay all costs in recovering these costs.
- For help with Entries, please visit the Website.
The Competition is open for entry only to private individuals (i.e., not companies or
businesses) aged 18 or over who are resident in the UK, excluding:
(a) the Promoter, their immediate family, agents, employees or professional advisers; or
(b) anyone else connected with the development or operation of the Website or the conduct or administration of the Competition in any way, shape or form; or
(c) the members of the immediate families or households of the above.
- In entering the Competition, all Entrants confirm that they are eligible to do so and eligible to claim any prize awarded in this Competition. The Promoters may require any Entrant (including any winner or Runner(s) Up to provide evidence that they are eligible to enter the Competition.
The Promoter will not accept Entries that are:
(a) automatically generated by computer;
(b) completed by third parties or in bulk;
(c) illegible, have been altered, reconstructed, forged or tampered with;
(d) or incomplete.
- The Promoters reserve all rights to disqualify Entrants if their conduct is contrary to the spirit or intention of the Competition.
- Entries on behalf of another person will not be accepted and joint submissions are not allowed.
- In completing or answering the Challenge, the Entrant recognises that they will have a time limit and will be required to exercise skill and judgment to ensure they have submitted a Correct Entry.
- The Promoter reserves the right at any time during the Competition and with immediate effect to amend the Challenge, whether the nature of the questions(s)/test or the time limit to complete it to ensure it remains a test of skill and judgment skill. Any such changes shall not affect the validity of or qualification as a Correct Entry of any Entries received prior to the time of such change.
- By entering the Competition, all Entrants warrant that all information which they submit is accurate, true, current and complete. The Promoter reserves the right to disqualify any Entrant (entirely at their own discretion) if there are reasonable grounds to believe the Entrant has acted in breach of any of these Terms and Conditions.
The Prize and the Draw
- The title of the Competition is “Win a Whip”. It refers to the competition to win a car. Whip is slang for car. The prize is a car.
- The Winner and, where applicable any Runner(s) Up will be determined and awarded the prizes so specified on the Website and in accordance with these Terms and Conditions
- The Draw to determine the Winner and any Runner(s) Up will be made on the Draw Date (subject always to the extension of the Closing Date)
- The Promoter may, at its sole discretion, and at any time during the Competition up to the end of the Closing Date, extend time to a new Closing Date, to be no later than 12 months after the specified Closing Date. Also, the Promoter may, at its sole discretion, and at any time during the Competition bring forward the Closing Date to a new Closing Date, to be before and no later than the specified Closing Date.
If by the Closing Date (which may be subject to be brought forward or to an extension of time),
at least the Minimum Number of Entries has been received, the Competition will close and on the
(a) there will be a Draw to determine the Winner, and the prize shall be the Vehicle, plus the Discretionary Bonus Prize if one is available;
(b) there will be Draw or Draws to determine the Runner(s) Up, who shall be awarded the Runner Up Prize(s)
If by the Closing Date (which may be subject to an extension of time as set out in terms above),
the actual number of Entries received is less than the Minimum Number of Entries, the
Competition will close and on the Draw Date there will be a Draw, at the sole discretion of the
Promoter, by reference to the proceeds received from the Entries (less the Charity Donation)
against the Vehicle Value to either:
(a) award to the Winner the Vehicle as the prize, but without payment of the Discretionary Prize Bonus if one is associated with the competition; or
(b) award to the Winner the Cash Prize and, at the sole discretion of the promoter, there shall be no further Draw(s) to determine the Runner(s) Up, the Winner being the sole prize winner of the Competition.
- If any Winner or Runner(s) Up cannot be contacted by the Promoter within 21 calendar days of being notified of their status as the Winner by e-mail and/or, telephone to the contact details submitted in their Entry, the Promoter shall be entitled to award their prize to the Entrant next Drawn, with the effect that the first Runner Up (as applicable) would become the Winner, and so on. At the Draw, there shall be such number of additional / reserve Correct Entries Drawn but not actioned or disclosed until required to permit the operation of this alternate Winner / Runner Up arrangement. Any alternate Winner or Runner Up shall likewise comply with the above 21 day contact requirement.
- The Promoter shall take all reasonable steps to ensure and preserve the random nature of the Draw but shall not be required to comply with any particular regulatory or other standards in this respect. The conduct of the Draw shall be verified by two people who are independent of the Promoter and any Entrant and the Promoter shall, where practically feasible broadcast live streaming video of the Draw on a widely available social media platform and later on the Website. The result(s) of the Draw are final and the Promoter shall not enter into any correspondence in relation to the same.
- On the Draw Date, the Promoter shall calculate the Charity Donation if the draw includes a charity donation element and apportion the same on a pro-rata basis between the Charities in accordance with the aggregated preferences specified by the Entrants at the time of Entry. The Promoter shall publish the details of the Charity Donation made on the Website. The Promoter’s calculations of the Charity Donation apportionment are final and no correspondence shall be entered into in relation to it.
- The Winner and any Runner(s) Up will be required to forward a copy of their passport or driving license together with two utility bills or bank statements (or a combination of the two) dated within the previous three months to the Promoters to prove their identity and that their Entry was made using a valid debit/credit card belonging to the Entrant or used with the express authorisation of the card holder and that there is no lawful impediment (pursuant to any applicable UK or international law) to Winner or any Runner(s) Up being awarded any prize in the Competition. In the event that Promoter reasonably believes that there may be a lawful impediment to awarding a prize to a Winner or any Runner(s) Up, the Promoter may suspend making such award until the legal issue is resolved, or if, in the reasonable opinion of the Promoter such issue cannot be resolved, to award that prize in a like manner as set out in terms above.
- If the prize comprises a vehicle, the Promoter will arrange for the vehicle to be transferred by (or on behalf of) the legal owner(s)/proprietor(s) of the vehicle to the Winner subject to the terms of a separate sale contract and instrument of transfer to be entered into between the owner(s) of the vehicle and the Winner, free from any charges, loans or other encumbrances to its legal or equitable title and subject always to compliance with all applicable law. The Promoter shall not be responsible or liable for any matters arising out of the conduct of the transfer of the vehicle including without limitation any negligence of any third parties.
- The Promoters do not in any way guarantee or give any warranties as to the value of the Vehicle, its condition, history or any other matters associated with the Vehicle and the sale contract for Vehicle will exclude all such matters.
- The Winner shall execute all documents required for the transfer of the Vehicle and take all steps they can to ensure transfer and registration of the Vehicle within 21 working days of the awarding of the prize.
- The Promoter shall only deal with any Winner or, as applicable, Runner(s) Up or their estate (in the case of their prior death) and no prize in the Competition is transferable.
- The Winner and any Runner(s) Up shall be announced and publicised on the Website and via email marketing campaigns, as well as on Winawhip.com associated social media pages/sites, such as Facebook, Instagram and Twitter. Any Winner and Runner(s) Up shall cooperate with and participate in the Promoter’s reasonable publicity requests.
Limitation of Liability
- Insofar as is permitted by law, the Promoter, their agents or distributors will not in any circumstances be responsible or liable to compensate any Entrant or accept any liability for any loss, damage, personal injury or death occurring as a result of submitting and Entry or in relation to the Vehicle except where it caused by the negligence or fraud of the Promoter, their agents or distributors, or that of their employees. The Winner’s statutory rights are not affected.
- The liability of the Promoter to each Entrant is limited to the aggregate value of the Entry Fees paid by that Entrant.
- The Promoters accept no liability for errors or omissions contained within the description of the Vehicle or the Vehicle Value or for any other description or specification or any other part of the Website. It is the responsibility of each Entrant (and in particular the Winner) to satisfy him/herself as to the accuracy of any such details and/or any content of the Website.
- Each Entrant agrees that the usual requirement under the Consumer Protection (Distance Selling) Regulations 2000 for any goods and services ordered online to be supplied within 30 days will not apply to the Competition.
- The Promoter shall not be a trustee of any Entry Fees received.
- The Promoters reserve the right to suspend or cancel the Competition at any time either before or after Entries have been received. If the Competition is cancelled, the Promoter will return the Entry Fees to each Entrant by bank card refund or by cheque (at the Promoter’s sole discretion). Any refund of the Entry Fee may be subject to deduction of any irrecoverable service charge fees, which are 25p per ticket. Where the Entry Fee is returned, the Promoter shall have no further liability to the Entrant or to any other person.
- Without prejudice to the operation of the terms above, the Promoters will have the right to cancel the Competition at any time in the event that the Challenge is not effective in excluding a significant proportion of the Entrants from entry into the Draw phase of the Competition.
- Without prejudice to the operation of term 46 above, the Promoters reserve the right to cancel the Competition in the event that an order is made or a resolution is passed for the winding up of the Promoter, or an order is made for the appointment of an administrator to manage the affairs of the Promoter, or circumstances arise which entitle a court or creditor to appoint a receiver or manager or which entitle a court to make a winding up order, or the Promoter takes or suffers any analogous action in consequence of debt or an application to court for protection from its creditors is made by the Promoter.
- The Promoters reserve the right to make reasonable amendments to these Terms and Conditions at any time, with immediate effect upon publishing such amendments on the Website. Any such amendments shall not prejudice any Entries received prior to the time of such changes.
- These Terms and Conditions shall not create or be construed as creating any form of contract, joint venture or other agreement between any Entrant and the Promoters.
- The Competition, its administration and all associated activities shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
- Each Entrant should retain a copy of these Terms and Conditions as at the date of their Entry for their future reference.
The following definitions apply in these Terms and Conditions:
CASH PRIZE: a cash prize payable to the Winner in the event of a draw made under terms above being calculated as (1) the total value of the total Entry Fees received up to the Closing Date less/minus (2) the amount of the Charity Donation if one is payable; and (3) the payment processor and acquiring bank fees; and (4) 50% of the total value of the Entry Fees by way of the Promoter’s costs and overheads to operate the Competition.
CHALLENGE: The question(s) or task(s) set out on the entry form of the Website, which the Entrants must complete or answer correctly within the time stipulated on the Website (which may be amended pursuant to terms above), to qualify as a Correct Entry and obtain an opportunity to win any prize in the Competition.
CHARITY(IES): means the charities or charitable causes specified on the Website for the Competition to whom the Charitable Donation will be paid after the Draw if the competition includes such a thing.
CHARITY DONATION: means 5% of the total value of Entry Fees received to be payable to the Charity(ies) after the Draw Date - where there is more than one Charity, in proportion to the preferences stated by all the Entrants at the time of submitting their Entry.
CLOSING DATE: means the date stated on each individual competition, subject to the extension or pull-back of time provisions of terms above.
COMPETITION: means the Competition operated by the Promoters to which these Terms and Conditions apply, wherein the Entrants submit Entries via the Website to win the Prize.
CORRECT ENTRY: means an Entry where Entrant has completed or answered the Challenge completely and correctly in all respects.
DRAW or DRAWN: means the choice of an Entry or Entries, made at random, which may be made by mechanical/physical means or by way of a computer function (at the Promoter’s sole discretion) on the Draw Date to determine a Winner and, where applicable, any Runner(s) Up.
DRAW DATE: Up to but no more than 21 days after the Closing Date and at the sole discretion of the promoter (subject to any extension to the Closing Date as set out in terms above)
ENTRANT: any natural person (not including a limited company, partnership or limited liability partnership) who validly submits an Entry to the Competition, in accordance with these Terms and Conditions.
ENTRY: means a validly submitted and completed entry by the Entrant through the Website in order to obtain an opportunity to win the Prize (and ENTRIES means more than one Entry).
ENTRY FEE: the entry fee of £5 (five pounds) or as listed per individual competition payable as a condition of submitting a valid Entry.
MINIMUM NUMBER OF ENTRIES: means minimum indicated in each individual draw where the Entry Fee has been paid in cash and excepting any Entries credited as paid by the utilisation of a promotional voucher or credit offered by the Promoter under term 4.
OPENING DATE: means The completion start date as displayed.
VEHICLE: The registration of the vehicle in each competition.
VEHICLE VALUE: Being the CAP retail value at the start of the competition for the purposes of offering it as a prize in this Competition.
PROMOTER: means Flipping Cars Ltd, Building 300 Trinity Park, Solihull, West Midlands B37 7ES Registered in England and Wales number 09592739
RUNNER(S) UP: The Entrant(s) corresponding to the next 3 of Correct Entries Drawn after the Winner on the Draw Date, subject always to a draw taking place in accordance with terms above and not otherwise.
RUNNER(S) UP PRIZE: means the cash prizes of £1,000 if applicable to the competition to be awarded to the Runner(s) Up, payable subject always to a Draw taking place in accordance with term 27 and not otherwise.
WINNER: The Entrant corresponding to the first Correct Entry Drawn on the Draw Date and in accordance with these Terms and Conditions.