Fantasy GP Racing 2009 Terms & conditions

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1. Game terms

1.1
The online ITV Fantasy GP racing game (the “Game”) is offered by ITV Consumer Ltd of 200 Gray’s Inn Rd, London WC1X 8HF (the “Promoter”). The Game is operated by GFM Holdings Ltd (registered number 3526529) whose trading office address is at 42 Phoenix Court, Hawkins Road, Colchester, Essex CO2 8JY (VAT No: 7116719 46)  and Why Not! Limited (registered number 03639916) whose trading office address is at 24 Berwick Street, London W1F 8RD (VAT No: 8102573 66) (together referred as the “Operator”). The web site located at https://fantasygpracing.itv.com (the “Site”) is controlled and operated by the Operator on behalf of the Promoter.

1.2
Your use of the Site is subject to these Terms and Conditions which should be read alongside and which are in addition to the Promoter’s General Terms and Conditions (which you can view by clicking on the link www.itv.com/terms), the Promoter's General Competition Terms and Conditions (which you can find at www.itv.com/Termsandconditions/Competitionsandvotes/GeneralCompetitionTerms) and any Game rules, informative and explanatory information supplied by the Promoter and/or the Operator relating to the Game. In the event of a conflict, these Terms and Conditions will take precedence.

When you enter the Game you will be asked to confirm that you agree to these Terms and Conditions, the Promoter's General Terms and Conditions and to the Promoter’s General Competition Terms. Please read these carefully. It is a condition of your entry that all rules and terms are accepted by you and that you agree to be bound by them. If you do not confirm that you agree with these Terms and Conditions and to the Promoter’s other terms and conditions mentioned above when asked you will be unable to enter the Game.

These Terms and Conditions may be updated or amended from time to time to comply with law or to meet the Promoter's and/or the Operator's changing business requirements. You should visit this page regularly to review the current Terms and Conditions, since by continuing to use of the Site you agree to be bound by the terms of these updates or amendments. These Terms and Conditions were last updated on 17 April 2009.

1.3
You must be aged 18 or over and a resident of the United Kingdom to enter the Game.
Employees of the Promoter and/or Operator or their associated companies, their relatives, agents or agents' relatives shall be eligible to participate in these Games but they shall not be entitled to win any prizes nor to win the Game.

1.4
You agree to use the Site only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else's use and enjoyment of the Site. You agree to use the Site solely for your own personal, non-commercial use.

If the Promoter and/or Operator find, or suspect, that you have engaged in or attempted to engage in 'spamming' (the unsolicited emailing for business or other purposes), sent or attempted to send, created or attempted to create, or replied or attempted to reply to so-called 'mailbombs' (the sending of multiple or large electronic files or message with malicious intent or e-mailing of copies of a single message to many users), or hacked or attempted to hack into any systems or servers run by the Promoter and/or the Operator or undertaken any other activity which may adversely affect either the operation of the Site or another person's enjoyment of the Site, you will immediately be removed from the Game and you may not use the Site. The Promoter and the Operator each reserve the right to report the matter to the relevant authorities.

1.5
Entrants are online users who register to play the Game on the Site (each an “Entrant”). Entrants may receive an email with Game updates before and after each Grand Prix. By registering to enter the Game you agree to receive these Game update emails.

1.6
The Promoter reserves the right to refuse any Entrant or entry which in its sole opinion does not comply with the Terms and Conditions of entry or which contravenes the spirit of this Game. The Promoter has absolute discretion to disqualify any Entrant or entry and may vary, amend, supplement or waive the Terms and Conditions of the Game at any time. In such event, Entrants to the Game agree that no liability shall attach itself to the Promoter and that the result of such exercise of discretion shall not result in any compensation being payable or paid to any Entrant. It is a condition of entry that all rules are accepted and Entrants agree to abide by these Terms and Conditions. In the event that any provision or any of these Terms and Conditions is unenforceable, this shall not prevent the remaining provisions and rules continuing in full force and effect.

1.7
The use of the terms “Formula 1”, “F1”, “Grand Prix” and “Grand Prix 2009” (alone or in conjunction with one another) on the Site and within the Game is purely to describe the nature of the content and Game being provided in this Site. No official or commercial association with Formula 1 Grand Prix 2009 is implied or intended and the Game is not sponsored or endorsed in any way by any official body of Formula 1.

1.8
The Site and all materials, characters, logos or other images contained in or around the Site, and in particular the rules (including these Terms and Conditions) and points structure incorporated by the Promoter and/or the Operator, on the Site are protected by copyright and/or other intellectual property rights. No such information or material may be reproduced in any format without prior written consent from the Promoter and/or the Operator, save that you may print off single copies of these Terms and Conditions for your use in connection with the Game.

1.9
Entry to the Game does not confer any rights to Entrants in or over any trade marks, images and/or logos relating to the Game, the Promoter, the Operator, constructors and/or their sponsors. Images used in connection with the Game may not be copied, transmitted or used in any format whatsoever. The intellectual property for the Game and the Game mechanism is copyright to the Promoter and/or the Operator and may not be copied or used without the express written permission of the Promoter and/or Operator.

1.10
You agree to indemnify and keep indemnified the Promoter and/or the Operator and their officers, directors, employees, agents, distributors and/or affiliates from and against any and all claims loss costs expense damage or liability (whether criminal or civil) suffered or incurred (including reasonable legal fees) resulting from any breach by you of any of these Terms and Conditions and/or any other terms and conditions mentioned above.

1.11
The Site and the Game are provided on an 'as is' and 'as available' basis. The Promoter and the Operator do not guarantee that the Site and/or the Game will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. The Site and the Game may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond the Promoter’s and/or the Operator’s control. The Promoter will not be liable to Entrants or to any other person in the event that all or any part of the Site and/or the Game is discontinued, modified or changed in any way.

2. Rules of the game

2.1 Rules:
The rules of the Game below (the “Rules”) form part of these Terms and Conditions. It is important that you adhere to the Rules of the Game and other instructions on how to play the Game as published on the Site.

2.2 Registration:
Entrants will be required to register and enter a username and password to gain access to the Game. A successful registration will entitle an Entrant to a maximum of 3 entries which when correctly and successfully submitted through the Site will each result in an acceptance message and unique entry number for that team. Entrants may not play or control more than 3 teams in the Game. Entrants found to have entered, or to be controlling more than 3 teams will be ineligible to win any of the prizes and all entries and teams entered or controlled by the Entrant will be void. Proof of transmission is not proof of receipt and only receipt of a unique entry number will be proof of receipt. Entrants are advised to keep a record of their username and password and team entry numbers. These details should be kept secure and not shared with anyone else.

2.3 Team names:
Entrants must choose a name for each team entered up to 20 characters long. The Promoter reserves the right to reject any team name that, in its sole judgment, is inappropriate or offensive.

2.4 Selecting your team:
The Game is played by an Entrant selecting 4 constructors from the 10 participating constructors. The constructors have been ranked 1- 10, based on their performance during the 2008 Grand Prix season and their early season form for the 2009 season. Entrants must ensure that, when added together, the ranking position of the 4 selected constructors totals a minimum of 23. Entrants score points based on the performance of the two cars for their selected constructors. In the event of changes to participating constructors in the 2009 Grand Prix series, constructors will change accordingly in the Game and ranking conditions may also change at Promoter’s discretion. Entrants will automatically be allocated each of their selected constructors’ two official drivers. Entrants must select one driver from each constructor to score points in the Game at each Grand Prix. In the event that the official drivers of any participating constructor change during the 2009 Grand Prix series, drivers will change accordingly in the Game. NB: If you choose not to make any changes to your opening entry selection (see Section 2.6 ‘Making Changes’ below), the 4 constructors initially selected and your 4 initially selected drivers will continue to score points for you throughout the Game until you make alternative selections.

2.5 Grand Prix Play selections:
Entrants will be required to make Grand Prix Play selections. This gives Entrants the opportunity to score additional points in the Game at each Grand Prix and an initial Grand Prix Play selection must be made at the time of entry. These selections can be completely different from Entrant’s team selections (see Section 2.4, ‘Selecting Your Team’). From a driver list of 20, Entrants are required to predict which driver will have the official fastest lap time in official practices, which driver will hold pole position in the race and which driver will have the fastest race lap in the Grand Prix. Predictions for fastest lap in practice and pole position cannot be the same driver. Selections for fastest lap in practice and pole position cannot be the same driver. Additionally, Entrants will be required to predict which drivers will finish on the podium in 1st, 2nd and 3rd positions and will also be required to predict which constructors will have the best and worst performance in the Grand Prix. NB: If you choose not to make any changes to your opening Grand Prix Play entry selection (see Section 2.6, ‘Making Changes’), your initial selections will continue to score points for you throughout the game until you make alternative selections.

2.6 Making changes:
The Game starts with the fifth Grand Prix in Spain to be held on 8th -10th May 2009. Unlimited changes to constructors and drivers will be permitted up to the official start time in Spain. After the official start time, no changes will be possible until after the Grand Prix has finished and the change facility re-opens. Constructors: After the start of the Spanish Grand Prix, Entrants may make a maximum of two (2) changes to their constructor selections during the season providing that at all times the 4 selected constructors have a combined minimum of 23 ranking points. When using the constructor change opportunities, Entrants may change as many of their 4 constructors as they wish and so long as the changes are completed at the same time, this will count as one change. Changes to constructor selections will finally close at the official start time of the Abu Dhabi Grand Prix on 1st November 2009. Drivers: Entrants may switch between the drivers of their selected constructors as many times as they wish throughout the Game. Drivers may be switched up to the official start time at any Grand Prix and changes are immediate. Once any Grand Prix has started, the switch driver facility will close and re-open after the Grand Prix has finished. Grand Prix Play: Grand Prix Play changes are unlimited throughout the Game. Predictions for the driver having the fastest official practice lap will close at the official start time of the first official practice for each Grand Prix. Predictions for the driver holding pole position will close at the official start time of qualifying. Predictions for fastest race lap, podium positions and best and worst constructor will close at the official start time of each Grand Prix.

2.7 Mates’ Leagues:
Entrants may participate in a Mates’ League with colleagues, friends and family. In addition to competing against each other within that Mates’ League, the Mates’ League itself will also compete for the overall Mates’ League prize. Individual entries into a Mates’ League will also participate in the Main Game and will be eligible for all prizes offered in the Main Game (subject to any eligibility restrictions set out in these Terms and Conditions). A Mates’ League must have a minimum of 5 participating teams entered by 5 different Entrants. There is no maximum number of teams in a Mates’ League but a different Entrant must have entered each team. Each Mates’ League must have a League Manager who must create a Mates’ League via the “Mates’ League” button on the Site. League Managers must include a league name with their initial entry and upon completion of the initial Mates’ League entry, a unique mates league PIN will be generated. The league name (in exactly the format it was entered) and PIN should be passed to colleagues, friends and family who should make their Game entry via the ‘Mates’ League’ button on the Site and enter the league name and PIN that they wish to join. Colleagues, friends and family who have already entered a team in the Game can enter this team into a Mates’ League by clicking the ‘Join Mates’ League’ button. Any Mates’ League where all teams entered include the same selections and/or any Mates’ League where a single Entrant has more than one team will be void and not eligible for the Mates’ League prize.

2.8 Scoring points:

Scoring will start from the fifth Grand Prix of the season in Spain 8th – 10th May 2009.

Constructors:
Both cars of Entrant’s selected 4 constructors will score points based on their performance in each Grand Prix on the following basis: Constructor’s car finishing 1st = 10 points in the game, 2nd = 8 points, 3rd = 6 points, 4th = 5 points, 5th = 4 points, 6th = 3 points, 7th = 2 points, 8th = 1 point. A constructor’s car occupying a position on the front row of the grid (pole and 2nd) will score 5 points. A constructors’ car not occupying the first 8 positions at the finishing flag but still running at the finishing flag will score 1 point. A constructor’s car failing to complete the race (i.e. not running at the finishing flag) will score minus 5 points. Official classifications will be used for points scoring in the Game.

Drivers:
Only one driver from each of an Entrant’s 4 selected constructors will score points. Entrant’s 4 selected drivers will score points based on their performance in each Grand Prix on the following basis: Driver finishing 1st = 10 points in the game, 2nd = 8 points, 3rd = 6 points, 4th = 5 points, 5th = 4 points, 6th = 3 points, 7th = 2 points, 8th = 1 point. Drivers not occupying the first 8 positions at the finishing flag but still running at the finishing flag will score 1 point. Points will also be awarded based on a driver’s finishing position when compared to their grid starting position with 3 points awarded for each position higher at the finish than their grid starting position. Where drivers fail to finish (i.e. are not running at the flag), their finishing position for the purpose of scoring in the game will be determined by the number of laps completed. The driver that completes the most laps of those failing to finish shall be deemed to occupy the finishing position one below the driver in last position, still running at the flag. The driver completing the second highest number of laps, but not running at the flag shall occupy the next position and so on. Official classifications will be used for points scoring in the Game.

Grand Prix Play:

Correct predictions will score points on the following basis: Fastest Official Practice Lap = 3 points, Pole Position = 3 points, Fastest Race Lap = 3 points. Podium predictions = 3 points for each selection that appears in any position on the podium, increased to 5 points if the position on the podium is as predicted with a further bonus of 5 points if all three podium positions are correctly predicted in the right order to make a maximum podium points award of 20 points. Best Constructor at each Grand Prix will be decided by the finishing positions of each constructor’s 2 cars being added together. 5 points will be awarded for correct prediction of the best constructor. The best constructor will be the constructor that achieves the lowest number when the finishing position of their 2 cars has been added together. Correct prediction of the worst constructor at each Grand Prix will be awarded 5 points in the Game. The worst constructor will be the constructor that has the highest number when the classified finishing position of both their cars is added together. Where a constructor’s car fails to finish (i.e. is not running at the flag), the official finishing classification shall be used for the purpose of scoring for best and worst constructor. Where a constructor has only one or no cars in the race, each absent car shall be considered to have finished in 21st position for the purposes of scoring for best and worst constructor. Should more than one constructor achieve an equal lowest or highest number when their classified finishing positions are added together, then the tied constructors will each be awarded 5 points for the purpose of scoring in the Game. Official classifications will be used for points scoring in the Game.

2.9 Leaderboards:
Leader boards for the Game, Grand Prix Play and Mates’ Leagues will be updated following each Grand Prix on the Site. Entrants will also be able to view their points tally and position in the Game on the Site.

3. Prizes:

3.1 Main Game:
The Entrant whose team accumulates the highest number of points in the Game, starting with the Spanish Grand Prix 8th - 10th May 2009 and ending with the Abu Dhabi Grand Prix 30th October - 1st November 2009 will win the Main Game 1st prize of a 3 night break for two (2) people to the 2010 Monaco Grand Prix. The prize includes return economy flights from London to Nice, three nights’ accommodation on a bed and breakfast basis based on two people sharing at a four-star hotel in Nice, return transfers from Nice airport to the hotel, weekend Grand Prix grandstand seats and train transfers from Nice to Monte Carlo. The Entrant of the team scoring the second highest number of points will win a 3 night break for two (2) people to the 2010 Italian Grand Prix The prize includes return economy flights from London to Milan, three nights’ accommodation on a bed and breakfast basis based on two people sharing at a four-star hotel in Milan, return transfers from Milan airport to the hotel, weekend Grand Prix grandstand seats and coach transfers to the circuit. The Entrant of the team finishing with the third highest number of points will win a 3 night break for two (2) people to the 2010 Spanish Grand Prix. The prize includes return economy flights from London to Barcelona, three nights’ accommodation on a bed and breakfast basis based on two people sharing at a four-star hotel in Barcelona, return transfers from Barcelona airport to the hotel, weekend grandstand seats and coach transfers to the circuit. Restrictions on Prizes: Entrants may win only one prize in the Main Game. Additional restrictions are set out in Section 4. Winners will be contacted and prizes awarded in accordance with Section 4.
Ties: In the event of a tie for Main Game, the Entrant with the highest number of points from Grand Prix Play predictions for the season to date shall be deemed to have won the prize.  If there is still a tie then Section 3.4 will apply.

3.2 Grand Prix Play Bonus Prize
After each Grand Prix, the Entrant who scores the highest number of points for Grand Prix Play for that Grand Prix will be awarded a prize of £100 (one hundred pounds sterling) worth of Red Letter Day gift cards. Restrictions on Prizes: The gift cards may only be used for Red Letter Day experiences and cannot be refunded or exchanged for cash. The gift cards must be used before the specified date of expiry. The prize provider reserves the right to refuse to accept or otherwise permit gift cards to be used which it deems to be invalid, or which it deems to have been tampered with, defaced, duplicated, damaged or otherwise suspected to be affected by fraud. Neither the Promoter nor the prize provider shall be liable where gift cards have been lost or stolen following delivery of the prize. The Entrant will be responsible for paying any supplement(s) that apply if the Entrant chooses an experience or experiences which total more than the value of the gift cards and neither the Promoter nor the Operator will be liable for such supplements. Additional restrictions on prizes are set out in Section 4. Winners will be contacted and prizes awarded in accordance with Section 4.
Ties: In the event of a tie for Grand Prix Play Bonus prizes, the Entrant with the highest number of points from Grand Prix Play predictions for the season to date shall be deemed to have won the prize.  If there is still a tie then Section 3.4 will apply.

3.3 Mates’ Leagues:
A prize of £1500 (one thousand five hundred pounds) worth of Red Letter Day gift card(s) will be awarded to the overall best performing Mates’ League during the Game. This will be awarded to the Mates’ League with the highest average points total based on its five highest scoring teams from the Spanish Grand Prix 8th - 10th May 2009 to the completion of the Abu Dhabi Grand Prix on 1st November 2009. Restrictions on Prizes: The gift cards may only be used for Red Letter Day experiences and cannot be refunded or exchanged for cash. The gift cards must be used before the specified date of expiry. The prize provider reserves the right to refuse to accept or otherwise permit gift cards to be used which it deems to be invalid, or which it deems to have been tampered with, defaced, duplicated, damaged or otherwise suspected to be affected by fraud. Neither the Promoter nor the prize provider shall be liable where gift cards have been lost or stolen following delivery of the prize. The Entrant will be responsible for paying any supplement(s) that apply if the Entrant chooses an experience or experiences which total more than the value of the gift cards and neither the Promoter nor the Operator will be liable for such supplements. Additional restrictions on prizes are set out in Section 4. Winners will be contacted and prizes awarded in accordance with Section 4. Ties: In the event of a tie for the Mates’ League prize, the prize will be awarded to the Mates’ League that has the highest scoring individual team. If there is still a tie then Section 3.4 will apply.

3.4 Additional tie break:
In the event that the leading positions for any of the Game prizes remains tied after the specified tie breaks, tied Entrants will be asked to write a job advertisement, in no more than 50 words for a vacancy for a driver for an imaginary Grand Prix constructor. This must be submitted by the specified deadline and will be judged by a panel of judges as appointed by the Promoter at its sole discretion on the basis of humour, interest, entertainment and originality. The decision of the judging panel shall be final and binding.

4. Contacting winners:

4.1
Final positions for the Game, overall Mates’ League and Grand Prix Play Bonus prizes will be shown on the Site. In the event that a tie break is not necessary, winners will be contacted within 7 days of the finish of the Abu Dhabi Grand Prix on 1st November 2009 for the Main Game and Mates’ League prizes and within 7 days of the finish of each Grand Prix for the Grand Prix Play Bonus prizes.

If the specified tie breaks do not produce unique prize winners, tied Entrants will be contacted to participate in the additional tie break set out in Section 3.4 within 7 days of the finish of the Abu Dhabi Grand Prix on 1st November 2009 for the Main Game and Mates’ League prizes and within 7 days of the finish of each Grand Prix for the Grand Prix Play Bonus prizes. It is the Entrant's responsibility to make sure that they are available to participate in the additional tie break. If those eligible for the tiebreak cannot be located within the timeframe set out above then they will forfeit the opportunity to participate in the tiebreak.

4.2
Prize winners will be notified in accordance with Section 4.1 above and the prize will be awarded to the registered winner only. Overall Mates’ League winners will be notified and awarded to the registered League Manager only. Prizes and are not transferable and not changeable. No prize alternatives are available, and in the event that a prize winner cannot be located within three (3) months of winning, the prize will be forfeited and the Promoter reserves the right to offer the prize to the next highest points scorer as applicable. Prize winners agree to participate without any fee being paid in such publicity as required by the Promoter, which may include without limitation photographs and the inclusion of their names and geographic area of residence in any editorial publicity. Prize winners agree that the Promoter (or any third party nominated by the Promoter) may use the winner's name, image and comments relating to the relevant prize and/or the Game experience for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid.

4.3
The prizes are each non-changeable, non-transferable and non-upgradeable. There is no cash equivalent or alternative prize. The prizes are each subject to restrictions and to the terms and conditions of the prize provider(s) and/or supplier(s). For the avoidance of doubt, the prizes each exclude all costs and expenses other than those specified including but not limited to any additional accommodation, travel/transportation costs, UK transfers, ground transportation, parking costs, any inoculation and/or vaccination costs, hotel supplementary charges, excursions, water sports, spa treatments, telephone calls, room service, mini-bar goods, programmes, souvenirs, incidental costs, taxes and any insurance, including but not limited to travel and medical insurance, unless otherwise stated. Other restrictions may apply.
It is the responsibility of a winner to ensure that they and their companion are available on the relevant date and time to take up the prize. It is the responsibility of the winner to ensure that they and their companion adhere to the travel itinerary and other relevant safety instructions as set out by the prize provider. It is the responsibility of the winner to ensure that they and their companion hold a valid passport and other travel documentation and visas as relevant before departure, as well as travel insurance to cover any overseas medical costs. To the fullest extent permitted by law, the Promoter is not liable for any costs, liabilities, damages or losses or for any medical conditions aggravated or incurred by the winner and/or their companion(s) as a result of taking up the prize. The Promoter and/or the prize provider reserve the right to amend or vary any element of a prize due to circumstances beyond their reasonable control. The winners (and their companion where applicable) must be aged 18 years or over and may be required to confirm proof of eligibility and age.

4.4
The prizes as set out in these Terms and Conditions are available as at the date of publication, but if events occur that render the Game itself or the awarding of prizes impossible due to reasons beyond the control of the Promoter, then the Promoter may make variations to prizes as it deems necessary in its sole discretion. Changes to the prizes will be notified on the Site.

5. Queries and complaints:

5.1
These Terms of Use are available in English only and shall be governed by and construed in accordance with the laws of England (or the laws of Scotland if you are domiciled there). Disputes arising in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the jurisdiction of your domicile in Scotland or Northern Ireland.

5.2
Full Terms and Conditions including how your data is processed and additional limits on liability are set out in the Promoter’s General Terms and Conditions and Privacy Policy. The Promoter will only pass an Entrant’s data to third parties for marketing purposes if that Entrant has asked to receive marketing information from those third parties.

5.3
The Promoter and/or the Operator will investigate any complaints to ensure that its high standards are maintained. In the event that an Entrant has a complaint about the Game or the service received in connection with the Game, then initially the Entrant should contact the Operator help desk on 0870 1267 533. Calls are charged at National Rate, 8p a minute from a BT landline. Calls from other networks may be higher and from mobiles will be considerably more. Alternatively, Entrants may email the Game help desk by clicking the ‘Contact Us’ button on the Site. The Operator will seek to resolve the matter on an informal basis promptly and in the spirit of the Game. If an Entrant feels that their complaint has not been satisfactorily resolved, then the complaint should be put in writing and sent direct to the Promoter by email at itvihelp@itv.com where it will be dealt with promptly. The decision of the Promoter on all matters relating to the Game is final and binding.