The Absolute Bid
1. INFORMATION
1.1 Our terms and conditions set out the rules which are applicable to your participation in the prize competition. You should ensure that You read these terms and conditions carefully as your participation in the prize competition constitutes your acceptance of these terms and conditions.
2. DEFINED TERMS
"Competition" means the reverse auction themed prize competition.
"Bid" means the attempt to obtain a specified Prize by way of putting forward a stipulated hypothetical price, as communicated to Us by means of a text message or online. The aim of the Player is to put forward the Lowest Unique Bid.
"Player"/"You" means the individual who participates in the Competition by placing a Bid.
"Prize" means any product or choice of products from time to time stipulated by Us, to be offered as a Prize by Us (and reference in these terms and conditions to "the Prize" will include, unless the context otherwise requires, references to individual items comprised in a group of two or more items offered as one Prize).
"Lowest Unique Bid™" means the lowest whole number Bid for a Prize that is closest to one (1), that has not been selected by any other Player. Zero or negative amounts are not allowed.
"Online Player" means an individual who participates in the Competition by placing Bids through the Website.
"Our", "We" or "Us" means Million-2-1 Limited, a company registered in England and Wales (Company Number 04006717). Our address for correspondence is Million-2-1 Ltd, Duplex 2, Ducie House, 37 Ducie Street, Manchester, M1 2JW
"Winner" means the Player who has the Lowest Unique Bid™ at the close of the Competition.
"Website" means Our websites with the URL "million21.com"
3. OFFER
3.1 We may, from time to time, as stipulated offer a Prize to be won by way of a reverse auction themed prize competition (the "Offer") subject to the following conditions:
(a) the Prize shall be awarded to the Player who bids the Lowest Unique Bid™ and
(b) each Offer shall remain open for such period as We shall stipulate (the "Bidding Period") but may be revoked at any time by notice from Us.
3.2 We will accept only a limited number of Bids per mobile phone or online per Competition. Bids are limited to 20 in any 24 hour period.
3.3 Unless otherwise stated within the Prize description, no Prize shall include reimbursement of any travel and other expenses incurred by the Winner in connection with the receipt of the Prize.
4. ACCEPTANCE
4.1 Bids may only be made in pence and cost £1.50 per Bid (open to UK only) if made by mobile phone. You must ensure you have the bill payer's permission before entering The Absolute Bid. Online bids cost £1.50 per bid.
4.2 An Offer by Us shall be deemed accepted on receipt by Us of the text message or online Bid from the Player outlining his or her Lowest Unique Bid™. Text messages or online Bids from Players must be received by Us during the Bidding Period in order to be entered into the Competition. Any text messages or online Bids received by Us after the Bidding Period, may be entered into a subsequent Competition, at Our discretion.
4.3 Lowest Unique Bid™ shall be determined by Us in our absolute discretion after the expiry of the Bidding Period.
4.4 Confirmation of the identity of the Player with the Lowest Unique Bid shall be communicated to the individual Player by Us, by whatever means it deems appropriate.
4.5 On the acceptance of the Offer by the Player who texts, calls or sends online to Us what is determined to be the Lowest Unique Bid™ at the close of the Bidding Period ("the Winner"), a binding legal contract is made for the award of the Prize by Us and the Winner assumes full responsibility for the Prize.
4.6 In the event that we deem in our discretion the Winner to have secured the Lowest Unique Bid by way of machine, by way of multiple Accounts registered to mobile phones or email accounts owned by the Winner, by way of multiple mobile phones owned by the same Player, or by way of participation in conjunction with a syndicate or group bidding process which is unfair to the Competition, the Winner's Bids will be declared void. Such Bids are non-refundable by Us.
5. PAYMENT AND PASSING OF TITLE
5.1 Where the Prize comprises of a choice between more than one item (for example, the Prize comprises of a car OR cash at the election of the Winner), the Winner shall confirm to Us in writing within fourteen (14) days of notification of the success of his or her Bid which item he or she wishes to constitute as the Prize.
5.2 We will arrange for the delivery of the Prize to the Winner. Delivery times for Prize items may be affected by manufacture delivery dates and timescales. Prizes comprising of motor vehicles ("Car Prizes") do not include insurance or any applicable taxes on or in respect of purchase or any import or export duties and any such insurances, duties, taxes or costs are the responsibility of the Winner. Prizes shall be paid by Us at the value of the Prize advertised by Us and are subject to all applicable taxes and/or foreign duties on cash payments (if any). All such taxes and/or foreign duties shall be borne by the Winner.
5.3 Substitute Prizes - In the event that the exact model of an item described in The Absolute Bid is no longer available at the time we have received the Winner's verification details We reserve the right to substitute Prizes offered for similar models of the same or greater value. In the event that the Offer of a Car Prize is accepted by a Winner who is resident outside the UK, We reserve the right to substitute cash in place of the Car Prize. Any cash substitution will be at an amount equivalent to the UK purchase price of the Car Prize for which the substitution is made. The Winner will be requested to make themselves available for the promotion or publicity of Million-2-1 and/or Our partners and agrees to make themselves reasonably available for such purposes.
6. DISCLAIMER AND LIMITATION OF OUR LIABILITY TO YOU
6.1 Nothing in this Agreement will be construed as excluding or restricting (whether directly or indirectly) Our liability for death or personal injury caused by Our negligence or for fraudulent misrepresentation. Subject to the foregoing, Our liability to You shall be limited to the value of the Lowest Unique Bid™ whether caused by breach of contract or tort, including negligence or otherwise. For the avoidance of doubt, entries that are incomplete will be deemed invalid. We accept no responsibility for entries lost, delayed or incomplete in transmission.
6.2 In any event, We will not be liable for any damages or losses whether direct or indirect that You may suffer as a result of failure by us to recognise, process or accept Your Bid including, but not limited to access delays or interruptions, data non-delivery or mis-delivery, any acts of God, war or terrorism, breaches of security or unauthorised use of your mobile telephone or personal data arising from hacking and /or failure or lack of reception of telephone or mobile telephone networks.
6.3 To the maximum extent permitted by law, all warranties and representations of any kind in relation to the accuracy of the description, or estimated value of the Prize shall be excluded. We undertake no obligation to investigate or carry out any test in sufficient depth on each Prize to verify the accuracy or otherwise of the description given and you should not place any reliance on such descriptions or assume that such investigations have taken place. Accordingly We will not be liable for any misstatement, error or omission from the description of any Prize.
6.4 This Site and its contents are provided by Million21.com on an "as is" and "as available" basis and no representations or warranties of any kind are made (and are expressly disclaimed to the fullest extent permitted under law) with respect to the Website and its contents, the services and the games.
7. SUSPENSION BY US OF YOUR ACCOUNT
7.1 We reserve the right to refuse any application to open an Account and / or to suspend and / or terminate Your Account/mobile phone bidding facility:
(a) At any time at our sole discretion and without providing You with reasons for Our decision.
(b) In the event that it transpires that any information You may have provided to Us (including, but not limited to, as a result of the registration process) is untrue, inaccurate, incomplete, out of date or otherwise misleading.
(c) In the event that You fail to provide Us with any information which We may reasonably request from You in order to verify any details which You may have provided to Us.
(d) In the event that You are in breach of Our Terms and Conditions or otherwise use the Website in an unauthorised manner.
8. YOUR OBLIGATIONS
8.1 Your obligations include:
(a) You must inform Us immediately if any of Your Account details or other personal information changes. You can do this by emailing Us at info@million21.com or by writing to Us at Ducie House, 37 Ducie Street, Manchester, M1 2JW.
(b) You must inform Us immediately should any mobile phone or credit/debit card which You have registered with Us become lost or is stolen. You can do this by emailing Us at info@million21.com.
(c) You must inform Us immediately of any actual or suspected unauthorised use of Your Account or mobile phone (including, but not limited to, Your password). You can do this by emailing Us at info@million21.com.
(e) The Competition is provided by Us for Your personal use. You must not seek to commercially exploit it.
(f) You must not do or attempt to do anything which could hamper or otherwise interfere with the operation of Our website.
8.2 We will not pay any winnings or prizes which may be due to You in the event that You breach any of Our Terms and Conditions. In addition, a breach of Our Terms and Conditions may constitute an offence of fraud and result in criminal prosecution.
9. SEVERABILITY
If any provision of these terms and conditions is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.
10. PRIVACY POLICY AND DATA PROTECTION CONSENT
10.1 Information which You provide to Us as part of the bidding process (including but not limited to your name, address and mobile telephone number) and other information which You may supply to Us is subject to Our Data Protection and Privacy Statement.
10.2 The current version of our Data Protection and Privacy Statement shall be deemed incorporated into Our Terms and Conditions.
10.3 We may hold and use the information You provide for Our future marketing purposes and the marketing purposes of any associated company of any related products. If You do not wish Your details to be held or used by Us or any associated company, You should e-mail Us at info@million21.com and request that this information is removed from Our database.
11 GENERAL
11.1 Our terms and conditions shall be governed by and construed in accordance with English Law. Both You and Us hereby submit to the exclusive jurisdiction of the English courts.
11.2 We reserve the right to review and revise Our terms and conditions from time to time without giving You prior notice and by participating in the Competition subsequent to any revision of Our terms and conditions, you agree to be bound by such changes.
11.3 Entry is only open to Players aged 16 years or over.
11.4 In the event that the Winner does not meet the entry requirements under these Terms and Conditions, the Winner's Bid will be deemed invalid and the Prize shall be awarded to the Player with the next Lowest Unique Bid™ at Our discretion in accordance with clause 4.4 of these terms.
11.5 All Intellectual Property Rights ("IPR")(including, but are not limited to copyrights, registered designs, patents, trademarks, service marks, design rights (whether registered or unregistered) database rights, trade secrets, rights of confidence and all other similar rights (including applications for the registration of any of the foregoing rights) and all other renewals and extensions thereof in any part of the world) subsisting in the Website and its content or the Competition is either owned by Us or licensed to Us. You may not reproduce any materials without the express prior written consent of Us nor do or attempt to do anything which infringes the Our IPR or any IPR use of which may be licensed to Us by a third party.
12 OPTING IN/OUT
By playing Our reverse auction themed Competitions You will receive a number of FREE in-game messages which include tip alerts and other promotional offers. In addition, You are opting in to receive future promotional messages about any other reverse auction themed competitions and other games which we or our partners may run. These promotional messages are FREE. If at any time You wish to be removed from Our reverse auction themed competitions or other games database, please text STOP to 81215, you will only be charged your standard network rate by your operator to send this message. You may also email us at info@million21.com with UNSUBSCRIBE as the subject.
Patent pending.
Copyright 2003-8 Million21 Limited.