Constellation Automotive Group Christmas prize draws

These are the terms and conditions (“Rules”) that apply to Cinch’s Christmas Prize Draws for Constellation Automotive Group employees (“Prize Draws”). By entering the Prize Draws, each entrant agrees to these Rules. Please also see how we limit our liability in Rule 10.

Promoter: Cinch Cars Limited, a company registered in England (company no. 11520330) with its registered office address at Form 2, 18 Bartley Wood Business Park, Bartley Way, Hook, Hampshire RG27 9XA (“Cinch”).
Eligibility: Entry is open to all Constellation Automotive Group employees, who on 1 December 2022 meet the following eligibility criteria:
Voucher and iPad prize draw:
1. are employed on a permanent basis directly by a company within the Constellation Automotive Group (and not via a third party such as a recruitment agency or personal services company);
2. have completed 12 weeks’ continuous employment (started on or before 8 September 2022);
3. are not serving a period of notice; and
4. are legal residents of Great Britain (England, Scotland, and Wales only);
Electric car subscription prize draw:
1. are employed on a permanent basis directly by a company within the Constellation Automotive Group (and not via a third party such as a recruitment agency or personal services company);
2. have completed 12 weeks’ continuous employment (started on or before 8 September 2022);
3. are not serving a period of notice;
4. are legal residents of Great Britain (England, Scotland, and Wales only);
5. are at least 25 years old (to align with Elmo’s customer eligibility criteria); and
6. meet the driving licence conditions in section 2.2 of the Elmo Subscription Agreement General Terms found here: https://prismic-io.s3.amazonaws.com/elmo-prduction/db05668a-9197-495f-a961-e2fbdbc5ac30_A.+Consumer+contract+-+No+Hire+Agreement+20220909+.pdf
Holiday park prize draw:
1. are employed on a permanent basis directly by a company within the Constellation Automotive Group (and not via a third party such as a recruitment agency or personal services company);
2. have completed 12 weeks’ continuous employment (started on or before 8 September 2022);
3. are not serving a period of notice;
4. are legal residents of Great Britain (England, Scotland, and Wales only); and
5. are at least 21 years old (due to holiday park requirements).
In these Rules, “Constellation Automotive Group” means Cinch and associated companies in Cinch’s corporate group in Great Britain (England, Scotland and Wales only) operating under the following brands: cinch, elmo, Autos on Show, BCA Automotive, BCA Central Ltd., BCA Fleet Solutions, BCA Logistics, BCA Remarketing, BCA Retail Operations, Supreme Wheels, BCA Vehicle Services, We Buy Any Car and Marshall Motor Group. Cinch reserves the right at any time to require proof of eligibility in such form as it reasonably considers necessary.
Entry period: All eligible employees will be automatically entered into the Prize Draws. The Prize Draws will take place on 1 December 2022 with winners expected to be announced from 12 December 2022 through to 16 December 2022.
How to enter: All eligible employees will be automatically entered into the Prize Draws. If Cinch is unable to verify any entrant’s eligibility, Cinch reserves the right at any time to disqualify that entrant without further enquiry or notice. A limit of 1 (one) entry and 1 (one) Prize per person across all Prize Draws applies.
Prizes: There are 162 (one hundred and sixty two) prizes to be won in the Prize Draws (each a “Prize”) as follows:
Voucher and iPad prize draw:
1. 150 (one hundred and fifty) £50 (fifty pound) Constellation Hub vouchers.
  - Winners in business areas that do not have access to the Constellation Hub platform will be issued an alternative £50 (fifty pound) shopping voucher (to be chosen at Cinch’s discretion).
2. 5 (five) 64GB 10.2” iPads (Wi-Fi only) donated by Softcat.
Holiday park prize draw:
1. 5 (five) 1 (one) week stays at one of the following holiday parks:
  1. Holdens Caravan Park, Bracklesham Bay, Chichester, West Sussex PO20 8JG; or
  2. Lakeland Leisure Park, Moor Lane, Flookburgh, Cumbria LA11 7LT
  - The following conditions apply in respect of the holiday park Prize:
    1. Holdens Caravan Park:
      - Winner must follow the guest restrictions in section (e) of the Haven Terms and Conditions found here: https://www.haven.com/support/terms-and-conditions
      - Bookings can be made for up to 6 (six) people with the winner at the lead guest. Bookings are made Saturday to Saturday, check-in after 3pm and check out by 10am. No pets are allowed. No smoking in caravans. Caravan includes 1 (one) double bedroom, 1 (one) twin bedded room and 1 (one) pull-out double bed in sitting area. Caravan is equipped with kitchen/diner fully equipped with electric cooker, gas hob, microwave, fridge/freezer, lounge with comfortable seating area, pull out double bed, heater, television, bedrooms with 1 (one) double bed and en suite bathroom and 1 (one) twin bedded room, bathroom with enclosed shower and toilet. Bedding is not provided, and the winner is expected to take their own bed linen specifically sheets, pillowcases, towels, tea towels, and a bath mat/towel. Duvets and pillows are supplied.
    2. Lakeland Leisure Park
      - Bookings can be made for up to 8 (eight) people with the winner as the lead guest. Bookings are made Saturday to Saturday, check-in after 3pm and check out by 10am. No pets are allowed. No smoking in caravans. Caravan includes 1 (one) double bedroom, 2 (two) twin bedded rooms and 1 (one) pull-out double bed in sitting area. Caravan is equipped with kitchen/diner with fully equipped electric cooker, gas hob, microwave, fridge/freezer, lounge with comfortable seating area, wall units, television and pull-out double bed, 1 (one) double bedroom with en suite bathroom and 2 (two) twin bedded rooms and bathroom with enclosed shower and toilet. Bedding is not provided, and the winner is expected to take their own bed linen specifically sheets, pillowcases, towels, tea towels, and a bath mat/towels. Duvets and pillows are supplied.
    3. General
      - The Holiday Prize excludes all costs and expenses incurred by the winner and any guests that are not expressly included in the holiday park Prize package stated above, including: (i) transportation; (ii) food and beverages; (iii) overnight accommodation (travelling to and from the venue); (iv) travel and medical insurance and any other required travel documents; (v) any discretionary spending; and (vi) any related taxes.
      - The winner and guests are solely responsible for ensuring that they are able to attend the chosen venue on the relevant date. Once the venue and date has been chosen in accordance with Rule 5 below, no alternative dates shall be available. The winner and guests are solely responsible for making all travel and other arrangements necessary to attend.
      - All elements of the Prize must be used in the same itinerary. The winner and guests are not entitled to receive any unused portion or element of the Prize.
      - The Prize is non-transferable, non-refundable, non-exchangeable and no cash alternative is available. However, if Cinch considers it appropriate, or if it becomes necessary for reasons beyond Cinch’s control, the Prize may be varied or swapped for a suitable alternative in Cinch’s discretion (for example, if the Prize becomes unavailable due to COVID-19 restrictions or poor weather conditions).
      - The Prize is subject to the relevant venue’s terms and conditions, which are available on the venue’s website. The winner and their guest must comply fully with such terms and conditions and all laws and regulations applicable to the Prize. Constellation Automotive Group will have no liability to the winner or guests if the winner and/or guests are unable to receive the full benefit of the Prize or are denied entry to, or are asked to leave, the venue as a result of a failure to abide by the venue’s terms and conditions, any applicable law or as a result of inappropriate behaviour. In particular, it is the sole responsibility of the winner and guest to familiarise themselves with any applicable COVID-19 requirements and protocols that may be in force at any event from time to time.
Electric car subscription prize draw:
1. 2 (two) 1 (one) year electric car subscription up to the value of £600 (six hundred pounds) per month with Elmo Drive Limited (“Elmo”) as follows:
  - Winners will be given a reasonable choice of electric car subject to stock availability at the time of request. The Prize includes comprehensive motor insurance, road tax, servicing and maintenance, breakdown cover and an at home charging point installation on a hire basis – all in accordance with and subject to the Elmo Subscription Agreement General Terms: https://prismic-io.s3.amazonaws.com/elmo-prduction/db05668a-9197-495f-a961-e2fbdbc5ac30_A.+Consumer+contract+-+No+Hire+Agreement+20220909+.pdf
  - The winner will be responsible for ensuring the car is used safely, lawfully and appropriately. The car must be used primarily by the winner and is for private use only (i.e. social, domestic and pleasure) purposes, which includes commuting to and from a place of work but does not extend to any time spent for hire and reward purposes (for example, to carry people and goods in return for payment). Smoking in the car is not permitted.
  - The winner may elect to include up to 2 (two) named immediate family members on the motor insurance provided as part of the Prize (so long as they meet the driving licence conditions in section 2.2 of the Elmo Subscription Agreement General Terms).
  - The Prize is subject to a monthly mileage allowance of 800 miles and excludes: (i) electricity charges, home energy supply or public charging costs; (ii) fines, penalties and fees (including parking fees and vehicle charging fees); (iii) congestion charges or any other charges or tolls; and (iv) any other costs (including enforcement costs) due to third parties in respect of such sums.
  - The Prize will be subject to compliance with the Elmo Subscription Agreement General Terms throughout the 1 (one) year car subscription and until the car’s safe return. Please see the following sections of the Elmo Subscription Agreement General Terms in particular:
  - The Prize is non-transferable, non-refundable, non-exchangeable and no cash alternative is available. However, if Cinch considers it appropriate, or if it becomes necessary for reasons beyond Cinch’s control, the Prize may be varied or swapped for a suitable alternative in Cinch’s discretion.
  - Constellation Automotive Group will have no liability to the winner if they are unable to receive the full benefit of the Prize as a result of the winner’s failure to comply with these Rules, the elmo Subscription Agreement General Terms or any applicable law.
Winner selection: All eligible entries will be entered into a random draw to select the winners on 1 December 2022. The winners of the Prize Draws will be the entrants whose names are drawn at random from all eligible entries for the Prize Draws.
Winner notification: The winners will be notified by telephone and/or email to the mobile number and/or email address that is on your personnel record, no later than 10 (ten) days after the completion of the winner selection process set out above. Cinch will make reasonable efforts to contact the winner, but it is the winner’s responsibility to monitor their voicemail and email address (including spam folder) for receipt of the notification.
Claiming a Prize: Each winner must claim their Prize by no later than 31 January 2023 by providing the information requested in the winner’s notification as follows:
1. For vouchers, this will include confirmation of the full name and email address of the winner.
2. For iPads, this will include confirmation of the full name of the winner and the winner’s delivery address.
3. For the holiday park stays, this will include confirmation of the full name, mobile number and home address of the winner. The winner’s car registration number may also be required.
4. For the electric car subscription prize draw, this will include confirmation of the full name of the winner, the winner’s email address and their written acceptance of the Rules and the elmo Subscription Agreement General Terms. Each winner will have up to 6 months from the date of the winner’s notification to initiate the electric car subscription by confirming a start date, a preferred car model (subject to availability at the time), named persons to be insured and any other relevant information to: hello@elmodrive.com. The subscription must begin by no later than 31 July 2023.
Failure to provide the required information by the deadlines above may result in a Prize being forfeited and the selection of an alternative winner. Alternative winners will be selected and notified as set out above and must claim the Prize within 14 (fourteen) days of notification.
Prize delivery:
1. The voucher Prizes will be issued to the winner’s Constellation Hub account to spend on the platform. For winners in business areas that do not have access to the Constellation Hub, an alternative digital voucher will be issued to the email address nominated by the winner.
2. The iPad Prizes will be sent in the post to the delivery address nominated by the winner within 7 (seven) days of claiming the Prize.
3. The holiday park stay Prizes will be claimed through the Constellation Automotive Group’s internal booking process.
4. The electric car subscription will be claimed through agreement with Elmo.
Liability: Nothing in these Rules limits or excludes any person’s liability for death or personal injury caused by negligence, for fraud or for any matter for which liability cannot be lawfully limited or excluded. In particular, consumers have legal rights in relation to products that are faulty or not as described and services which are not performed with reasonable care and skill and these legal rights are in addition to and are not affected in any way by anything contained in these Rules. However, to the fullest extent permissible by law, no member of the Constellation Automotive Group will be liable for: (i) any loss or damage caused by a third party who is not acting on its behalf or under its direct instructions; (ii) any loss or damage occurring as a result of a winner taking up and using any third-party product or service forming part of the Prize (except where caused by the negligence of that member of Constellation Automotive Group, its agents or distributors or that of their employees); (iii) any loss or damage caused by any event or circumstance beyond Constellation Automotive Group’s reasonable control; (iv) any loss of profits or revenue, loss of anticipated savings or loss of goodwill; or (v) any unavailability of Constellation Automotive Group’s websites, apps or social media accounts. Further advice about consumer rights is available from any local Citizens’ Advice Bureau (https://www.citizensadvice.org.uk/) or local Trading Standards office (https://www.gov.uk/find-local-trading-standards-office).
No endorsement: The Prize Draws are in no way sponsored, endorsed or administered by any social media platform or any other third party. All third-party trademarks and other intellectual property rights are hereby acknowledged. Use of and entry to promotions via social media platforms is always subject to the rules, terms and policies of those platforms. By participating in the Prize Draws, entrants are providing information to Cinch, not to the relevant social media platform or any other third party. To the maximum extent permitted by applicable law, social media platforms and other third parties shall have no liability to any person in connection with or arising out of the Prize Draws howsoever caused, including for any costs, expenses, damages and other liabilities.
Cancellation and variation: Cinch reserves the right to vary, suspend or cancel the Prize Draws and/or these Rules if it considers it necessary or appropriate to do so, including if there is any actual or anticipated breach of applicable law or if variation, suspension or cancellation is necessary due to an event outside Cinch’s reasonable control.
Disqualification: Without limiting the options available to Cinch, Cinch reserves the right at any time to disqualify entries or entrants that Cinch regards as being in breach of these Rules, any applicable laws, any terms and conditions referred to in these Rules or the spirit of the Prize Draws.
Interference with the Prize Draws: Any attempt to damage or undermine the content or legitimate operation of the Prize Draws is prohibited and may also be a violation of criminal and/or civil laws. Cinch reserves all its rights and remedies to deal with breaches or suspected breaches of this Rule including, without limitation, to exclude any entrant or winner believed to be associated with such activity.
Publicity: Winners of the Prize Draws may be asked for permission by Cinch and any other member of Constellation Automotive Group to announce the winners’ names and business divisions on the Constellation Automotive Group websites, social media, and any internal communication platforms (i.e. the intranet page and via email). The winners may also be asked (without further reward) to take part in reasonable publicity connected with the Prize Draws, such as to have their name and/or image, together with a short statement about their win, featured on the Constellation Automotive Group websites, social media, and/or internal communication platforms.
Disclosure of winner’s details: By being entered into the Prize Draws, each entrant acknowledges that in the event of a win their surname and county of residence may be disclosed to persons enquiring, where permitted by law. Any entrant may object to their information being made available in this way, or may request that the amount of information made available be reduced, by contacting Cinch using the contact details at the end of these Rules. In these circumstances, the entrant acknowledges that Cinch may nevertheless disclose the relevant information, and the entrant’s entry, to the Advertising Standards Authority (and/or any other competent authority) if required to do so. This may happen where Cinch is required to demonstrate that it has awarded the prizes advertised. To request disclosure of winners’ details, enquirers must submit a request to events@cinch.co.uk (in relation to the event ticket prize draws) and/or hello@elmodrive.com (in relation to the electric car subscription prize draw) within one (1) month following the end of the entry period. Details will only be disclosed (if permitted by law) after the Prizes have been awarded.
Data Privacy: Entrants acknowledge that any personal data processed in connection with the Prize Draws will be processed in accordance with their employer’s data protection policy. In relation to the holiday park Prizes, the names of the winners and their guests may also be provided to the relevant venue owner to enable them to administer the booking. For more information about how the relevant holiday park owner will process personal data, please see the venue’s privacy notice on their website at https://islandmeadow.co.uk/privacy-policy/ for Holdens Caravan Park and https://www.haven.com/support/privacy-policy for Lakeland Leisure Park. In relation to the electric car subscription Prize Draw, the names of the winners and their email addresses will be provided to elmo. elmo’s privacy notice can be viewed at: https://elmodrive.com/privacy-policy/
Accessing these Rules: Any website on which these Rules are posted is only intended to be accessed from Great Britain and where permitted by law. Cinch makes no representation that materials relating to the Prize Draws are appropriate or available for use at other locations. Access to them from territories where their contents are illegal is strictly prohibited.
Severance and waiver: If any part of these Rules is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the rest of these Rules will not be affected. Cinch’s failure to enforce any term of these Rules will not constitute a waiver of that provision.
Disputes: Subject to Rule 18 (Law and jurisdiction), if there is a dispute about the Prize Draws or any of these Rules, Cinch’s decisions are final. If there is a conflict between these Rules and any other document referred to in these Rules, these Rules take precedence to the extent necessary to resolve the conflict.
Law and jurisdiction: The Prize Draws and these Rules are governed by English law, and any disputes arising in connection with them shall be subject to the exclusive jurisdiction of the courts of England and Wales, except that residents of Scotland may also bring proceedings in the Scottish courts.
Contact: Enquiries about the Prize Draws can be sent to Cinch at: events@cinch.co.uk or hello@elmodrive.com as appropriate.

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