About the competition
About the XCarSwap competitions
1. Introduction & The Promoter
1.1. These Terms and Conditions (“T&Cs”) apply to all prize competitions operated by XCarSwap Capital LTD (“Promoter”, “we”, “us”, “our”).
1.2. The Promoter is XCarSwap Capital LTD, a company registered in England and Wales under Company Number 16673303.
1.3. For all queries, please contact us via email at xcarswap@gmail.com.
1.4. By entering any Competition, you (“Entrant”, “you”, “your”) are deemed to have read, understood, and accepted these T&Cs and agree to be bound by them.
2. The Competitions
2.1. All competitions offered on our website, xcarswap.com (the “Website”), are skill-based prize competitions. Our competitions are not lotteries, raffles, or games of chance and are not regulated by the Gambling Commission.
2.2. We operate “Skill-Based Quiz Competitions” (“Competitions”). To be eligible to win a prize, an Entrant must correctly answer a question or problem set by the Promoter (the “Competition Question”), which requires the exercise of skill, knowledge, or judgment.
2.3. In the event of any conflict between these T&Cs and any promotional material, these T&Cs shall take precedence.
2.4. For each Competition, the Website will display:
a) A full and clear description of the headline Prize, including its key characteristics and retail value.
b) The price of a single entry fee.
c) The Minimum Ticket Threshold required for the headline Prize to be awarded, as defined in Clause 10.2.
d) A live counter or progress bar indicating the current number of paid entries sold.
e) The Opening Date and the Closing Date of the Competition.
3. Account Registration
3.1. To enter any Competition, you must first register for an account on the Website (“Account”).
3.2. You are responsible for providing and maintaining accurate and current contact information, including your full legal name, address, email address, and telephone number. The Promoter is not liable for any inability to contact a winner due to incorrect or outdated information.
3.3. Only one Account is permitted per person. The Promoter reserves the right to close, suspend, or merge any duplicate accounts. All entries made from duplicate accounts will be voided.
3.4. You are responsible for all activity that occurs under your Account, including keeping your password confidential.
4. How to Enter
4.1. Each Competition will run from a specified "Opening Date" to a "Closing Date". These dates will be stated on the relevant Competition page. All times are London, UK time.
4.2. The Promoter reserves the right to amend the Closing Date where necessary. Any changes will be published on the Website.
4.3. Paid Entry Route:
a) Visit the Website and select the Competition you wish to enter.
b) Correctly answer the skill-based Competition Question.
c) Select the desired number of entries and proceed to checkout.
d) Log in to your Account and complete the payment.
e) You will receive an email confirmation with your entry number(s) upon successful payment.
4.4. Free Entry Route (Postal):
a) To enter a Competition for free, send an unenclosed postcard by first or second-class post to: XCarSwap Capital LTD, 3rd Floor 86-90 Paul Street, London, United Kingdom, EC2A 4NE.
b) The postcard must be handwritten and contain the following clear details:
● The full name of the Competition you are entering.
● Your correct answer to the Competition Question.
● Your full name, as registered on your Account.
● Your full postal address and telephone number, as registered on your Account.
● Your registered email address.
c) Important Conditions for Free Entries:
● An active Account on the Website is required for a postal entry to be processed. All details on the postcard must match the details on your Account.
● Each postal entry must be sent separately. Bulk entries in the same envelope will be counted as a single entry.
● Postal entries must be received by the Promoter before the Closing Date. The Promoter is not responsible for entries that are lost, delayed, or damaged in the post. Proof of postage is not proof of receipt.
● If the maximum number of entries for the Competition is reached before your postal entry is received, it will not be entered.
● Each valid postal entry will be treated with the same status as a paid entry and has an equal chance of winning.
5. Winner Selection
5.1. All Entrants who correctly answer the Competition Question and whose entries are received before the Closing Date will be entered into a draw.
5.2. The winner will be selected using a verifiably random method (e.g., a certified random number generator) within 7 days of the Closing Date.
5.3. For transparency, the draw may be live-streamed on our social media channels. The Promoter’s decision is final, and no correspondence will be entered into regarding the outcome.
6. The Prize
6.1. The prize for each Competition (“Prize”) is described on the Competition page. The Promoter makes no warranties as to the Prize's condition, other than that it is as described.
6.2. Winner's optional cash alternative
a) In the event a headline Prize is awarded (i.e., the Minimum Ticket Threshold in Clause 10.2 has been met), the winner will be given a choice to either accept the advertised headline Prize or an optional cash alternative.
b) This optional cash alternative will be a cash payment equivalent to 50% of the total value of all paid entries received for that specific Competition.
c) The choice rests solely with the winner. This optional cash alternative is distinct from the substitute cash prize detailed in Clause 10.2.
6.3. Prize Substitution: The Promoter reserves the right to offer a substitute prize of equal or greater value if the advertised Prize becomes unavailable for reasons beyond our reasonable control.
6.4. Vehicle Prizes:
a) The winner is solely responsible for arranging and paying for vehicle insurance and road tax (or equivalent taxes in their jurisdiction). The Promoter will ensure the vehicle comes with a valid MOT (if applicable).
b) The V5C logbook (or equivalent ownership document) will be transferred to the winner's name.
c) Delivery of the vehicle will be provided free of charge to a UK mainland address. If the winner resides outside the UK mainland, they will be solely responsible for all shipping, import duties, registration fees, taxes, and any other costs associated with exporting and receiving the vehicle in their jurisdiction. Alternatively, they may opt for the Cash Alternative.
7. Winner Notification and Claiming the Prize
7.1. The Promoter will attempt to contact the winner using the telephone number and email address provided in their Account within 48 hours of the draw.
7.2. The winner must respond to confirm acceptance of the Prize within 14 days of being notified.
7.3. To claim the Prize, the winner will be required to provide proof of identity and age (e.g., a valid passport or driving licence).
7.4. Forfeiture: If the winner cannot be contacted, fails to respond within the specified timeframe, is found to be ineligible, or fails to provide required documentation, they will forfeit the Prize. The Promoter reserves the right to conduct a redraw to select a new winner from the remaining eligible entries.
7.5. The Promoter will publish the winner's name and general location (town/county) for transparency reasons, in line with our legitimate interest and regulatory best practice. The winner will be asked to provide their explicit consent before any photographs or videos of them are used for marketing purposes.
8. Eligibility
8.1. Competitions are open to persons aged 18 years or over, except for residents of any jurisdiction where such prize competitions are prohibited by law.
8.2. If you are entering from a country outside the United Kingdom, you are responsible for ensuring that your participation is not in breach of any local laws or regulations in your jurisdiction of residence. The Promoter will not be held liable for any unlawful participation and reserves the right to refuse an entry or disqualify a winner if it has reason to believe the entry is unlawful.
8.3. The following are excluded from entering:
a) Employees of the Promoter.
b) Employees of agents or suppliers of the Promoter who are professionally connected with the competition.
c) Immediate family members or household members of (a) and (b) above.
8.4. By entering the Competition, you confirm that you are eligible to do so and eligible to claim any prize you may win.
9. Prohibited Conduct
9.1. You may not enter a Competition or use our Website in a way that is contrary to the spirit of the Competition or these T&Cs. This includes:
a) Any form of fraudulent or illegal activity.
b) Creating or using multiple accounts to gain an unfair advantage.
c) Using any automated software, bots, or any other method to gain an unfair advantage.
d) Providing false, inaccurate, or misleading information.
e) Any abusive or harassing conduct towards the Promoter’s staff or other Entrants.
9.2. Any Entrant found to be engaging in prohibited conduct will have all their entries voided without refund, and their Account may be permanently closed.
10. Promoter’s Discretion and Competition Management
10.1. The Promoter reserves the right to extend the Closing Date of any Competition if the Minimum Ticket Threshold has not been met by the specified Closing Date.
10.2. Minimum Ticket Threshold and Substitute Prize
a) Each Competition has a "Minimum Ticket Threshold," which represents the minimum number of paid entries that must be sold for the advertised headline Prize to be awarded. This threshold will be clearly stated on each Competition page.
b) If the number of paid entries sold by the Closing Date (including any extensions) has met or exceeded the Minimum Ticket Threshold, the Promoter guarantees the headline Prize will be awarded, and the winner will then have the choice of the optional cash alternative as described in Clause 6.2.
c) If the number of paid entries sold by the Closing Date (including any extensions) has not met the Minimum Ticket Threshold, the draw will still proceed, and the winner will be awarded a substitute cash prize.
d) This substitute cash prize will be calculated as 65% of the total value of all paid entries received for that specific Competition. The remaining 35% of the entry fees is retained by the Promoter to cover all marketing, advertising, payment processing fees, and administrative costs for the Competition.
10.3. In exceptional circumstances beyond the Promoter's reasonable control (such as website failure, fraud, or other events that corrupt the integrity of the Competition), the Promoter reserves the right to cancel a Competition, all paid entries will be refunded.
11. Payments and Refunds
11.1. All payments for entries must be made in GBP via the payment methods available on the Website.
11.2. Refund Policy: All entries are final. No refunds will be issued for any reason, except in the event of a Competition being cancelled by the Promoter.
11.3 Refunds for Ineligible Entries: If an Entrant is found to be ineligible after entering a Competition, the Promoter reserves the right to void their entry. A refund of the entry fee may be considered on a case-by-case basis at the Promoter's sole discretion.
12. Website Use and Technical Issues
12.1. The Promoter will use reasonable efforts to ensure the Website is available but does not guarantee uninterrupted access.
12.2. The Promoter is not responsible for any incomplete, lost, or delayed entries resulting from technical malfunction, network failure, or any other issue beyond our reasonable control.
13. License to Use Our Services
13.1. Subject to your compliance with these T&Cs, the Promoter grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for your own personal, non-commercial use.
13.2. You agree not to copy, modify, decompile, reverse engineer, or create derivative works from the Website or any of its content.
14. Intellectual Property
14.1. All content on the Website, including but not limited to text, graphics, logos, images, software, and the "XCarSwap" name and trademark, is the property of the Promoter or its licensors and is protected by UK and international copyright, trademark, and other intellectual property laws.
14.2. Your use of the Website does not grant you any ownership rights to any of its intellectual property. You may not use, reproduce, or distribute any content from the Website without our prior written permission.
15. Limitation of Liability
15.1. Nothing in these T&Cs shall exclude or limit our liability for death or personal injury resulting from our negligence, for fraud, or for any other liability that cannot be excluded or limited by law.
15.2. To the fullest extent permitted by law, the Promoter shall not be liable for any loss, damage, or disappointment suffered by any Entrant as a result of entering a Competition or accepting a Prize.
16. Data Protection
16.1. We will use your personal data to administer the Competition, award prizes, and for marketing purposes in accordance with our Privacy Policy. Please see our Privacy Policy for more information on how we handle your data.
17. General
17.1. Governing Law: These T&Cs and all Competitions are governed by the laws of England and Wales, irrespective of the location of the Entrant.
17.2. Jurisdiction: Any disputes will be subject to the exclusive jurisdiction of the English courts.
17.3. Severability: If any provision of these T&Cs is found to be unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
17.4. Changes: The Promoter reserves the right to amend these T&Cs at any time. The most up-to-date version will always be available on the Website.
18. Complaints and Disputes
18.1 The Promoter is committed to providing excellent customer service. If you have a complaint, please contact us at xcarswap@gmail.com with full details.
18.2 We will acknowledge your complaint within 3 business days and aim to provide a final response within 14 business days.
18.3 We will seek to resolve any disputes amicably. If we are unable to resolve a dispute, you may pursue the matter through the English courts as per Clause 17.2.