Reverse Auctions
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.
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. The aim of the Player is to put forward the Lowest Unique Bid.
- "Player", "You" or 'Your' means the individual who participates in the Competition by placing a Bid.
- "Prize" means any product stipulated by Us, to be offered as a Prize by Us.
- "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.
- "Our", "We" or "Us" means KM Media Group Limited Ltd, a company registered in England and Wales (Company Number 05494416). Our address for correspondence is Medway House, Ginsbury Close, Sir Thomas Longley Road, Medway City Estate, Strood, Rochester, Kent ME2 4DU.
- "Winner" means the Player who has the Lowest Unique Bid at the close of the Competition.
- "Website" means Our Websites with the URL www.kentonline.co.uk
Offer
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 makes 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.
- We will accept only a limited number of Bids per mobile phone per Competition. Bids are limited to 20 per day.
- 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.
Acceptance
- Bids may only be made in pence and cost £1.00 per Bid (open to UK only) if made by mobile phone. You must ensure You have the bill payer's permission before entering Our Reverse Auction.
- An Offer by Us shall be deemed accepted on receipt by Us of the text message Bid from the Player outlining his or her Lowest Unique Bid. Text messages Bids from Players must be received by Us during the Bidding Period in order to be entered into the Competition.
- Lowest Unique Bid shall be determined by Us in Our absolute discretion after the expiry of the Bidding Period.
- Confirmation of the identity of the Player with the Lowest Unique Bid shall be communicated to the individual Player by Us, by whatever means deemed appropriate.
- On the acceptance of the Offer by the Player who texts 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. Bids placed at the close of the Competition will not be counted, but may still be charged.
- 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 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.
Payment and passing of title
- 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 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). Delivery must be within the UK.
- Substitute Prizes - In the event that the exact model of an item described in the KM Media Group Limited Reverse Auction 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. The Winner will be requested to make themselves available for the promotion or publicity of the KM Media Group Limited and Our Reverse Auction Prize supplier and agrees to make themselves reasonably available for such purposes.
Disclaimer and limitation of Our liability to You
- 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.
- 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 miss-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.
- 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.
Your obligations
- Your obligations include:
- (a) You must inform Us immediately of any actual or suspected unauthorised use of Your mobile phone. You can do this by emailing Us at enquiries@thekmgroup.co.uk
- (b) The Competition is provided by Us for Your personal use. You must not seek to commercially exploit it.
- 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.
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.
Privacy policy and data protection consent
- 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.
- The current version of Our Data Protection and Privacy Statement shall be deemed incorporated into Our Terms and Conditions.
- We may hold and use the information You provide for Our future marketing purposes and the marketing purposes of any associated company and 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 enquiries@thekmgroup.co.uk and request that this information is removed from Our database.
General
- 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.
- 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.
- Entry is only open to Players aged 16 years or over.
- 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.
- 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.
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, Prize draws and other games which the KM Media Group Limited provide. 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 87474, You will only be charged Your standard network rate by Your operator to send this message. You may also email us at privacy@thekmgroup.co.uk with UNSUBSCRIBE as the subject.
