General Competition Terms & Conditions
These terms and conditions apply to all competitions featured in any publications, online services and events that are organised by Mike’s Dive Store with registered address at 113 Power Road, Chiswick, West London, W4 5PY (or a third party on Mike’s Dive Store’s behalf).
By entering a competition, entrants accept to be bound by these terms and conditions together with any specific instructions and terms for such competition which may be mentioned in any electronic messages, or on the website, or communicated to entrants in any other way (“Competition Information”). Such Competition Information shall prevail in the event of there being any inconsistency between these competition terms and conditions and any Competition Information.
Mike’s Dive Store may cancel or amend any competition, Competition Information, or these terms and conditions without prior notice. Any changes will be posted either within the Competition Information or these terms and conditions.
Eligibility
The competition is only open to people meeting the criteria set out below:
The minimum age limit, unless specified otherwise, is 18 years old.
Employees and members of their immediate families (including any live-in partner or household member) of any of the following may not enter:
- Mike’s Dive Store;
- Mike’s Dive Cameras;
- Any company involved in the organisation, management, promotion, or administration of the competition or its entry routes or donation of prizes or their agents or subsidiaries.
- Any company involved in any capacity in the sponsorship of a competition or competition prize.
By entering the competition entrants warrant that all information submitted by them is true, current, and complete. Entrants also confirm that they are eligible to take part in the competition and to claim the prize and Mike’s Dive Store may require that entrants provide proof of such eligibility. Entrants also warrant that they are the copyright owners of any copyright works submitted, e.g. photographs and drawings, and Mike’s Dive Store’ use of such works (which you will permit) will not infringe the rights of any third party.
Submissions and validity of entries
The opening and closing dates and times for entries are as indicated in the Competition Information. Any entries received before the opening and after the closing of the competition will be invalid and will not be entered into the competition.
Any limit on the number of entries a person or household may make will be clearly stated in the Competition Information. Entries received that exceed this limit will be invalid and will not be entered into the competition.
Entry to the competition may only be made through the applicable method(s) indicated in the Competition Information. Not all of the following methods of entry may be available for entry to each competition. The following terms and conditions will apply where the method is indicated as being available in the Competition Information.
(a) Text (“SMS”) entry
Where specified in the Competition Information as an available method of entry to the competition, SMS entrants are required to send a text to the shortcode or number as indicated in the Competition Information. Texts received by Mike’s Dive Store will be charged at the standard operator rate, which will vary depending on the entrant’s mobile network provider. When a text message is received from Mike’s Dive Store, sent to the same mobile phone from which the answer was sent, acknowledging receipt of the entry (a “Text Acknowledgement”), this will result in the entrant being charged the charge stated in the Competition Information. Please check with the relevant mobile network provider what standard network charge will apply. In the event that the entrant has insufficient funds, credits or capacity on their handset (as applicable) for the Text Acknowledgement to be successfully sent by Mike’s Dive Store and received by the entrant within 72 hours of the original entry being received by Mike’s Dive Store, the relevant entry will be deemed ineligible and will not be accepted.
Entries sent by text message which are received after the stated competition closing time will be invalid and will not be entered into the competition. If a text message entry is received by Mike’s Dive Store after the stated competition closing time, the entrant will receive a free text message from Mike’s Dive Store informing them that their entry was received late and was not therefore entered into the competition; however, the entrant will not be entitled to a refund of the standard network charge imposed by the entrant’s mobile network when they entered the competition by text message.
SMS entries received after the notified competition closing time will not be valid. Mike’s Dive Store accepts no liability for any SMS entry charges incurred regardless of whether the entry is received before the competition closing time. SMS entrants may opt out of receiving any marketing messages in the confirmation message (please see rule 29 of these terms and conditions).
(b) Web entry
Where specified in the Competition Information as an available method of entry to the competition, web entrants are required to follow the instructions on the website as indicated in the Competition Information. Entrants will receive a message confirming entry to the competition. Web entrants may be required to supply their name, and/or email address and/or a contact telephone number and/or any other details. There is no charge for web entries.
(c) Email entry
Where specified as an available method of entry to the competition, e-mail entrants may enter the competition by sending an e-mail with the information indicated in the Competition Information and at the email address indicated. There is no charge for email entries. Entrants may receive a message confirming their entry to the competition.
(d) Entry via Social Network Sites
Where specified as an available method of entry to the competition, Social Network Site entrants may enter the competition by responding with the information indicated in the competition details by posting their answer within their comment. There is no charge for such entries.
Entries submitted through agents or third parties or in bulk (i.e. more entries than a human being could submit in the time available without the use of software or other devices designed to make automated entries or, in the case of postal entries, more than one entry submitted under the same postage stamp) will not be accepted. Entrants may enter as many times as they like unless otherwise indicated in the Competition Information but no more than one prize per person per competition will be awarded.
Any entries which are incomplete, incorrect, inaudible, incomprehensible, or not received by Mike’s Dive Store will be void.
In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of the entry or any answers given by entrants (if applicable), or the operation of any part of the competition (in the case of postal entries, a postal strike for example), network or phone system, the decision of Mike’s Dive Store shall be final and no correspondence will be entered into.
Mike’s Dive Store will not be liable to reimburse expenses incurred in making an entry in any competition. Where Mike’s Dive Store decides in its sole discretion that an entrant is eligible for a refund, eligibility for refunds will be notified to relevant entrants. Mike’s Dive Store reserves the right to refuse to refund any messages where it suspects dishonest or fraudulent conduct on the sender’s part or where the entrant has not complied with the rules of the competition.
Marketing
By submitting your entry into any competition all entrants agree to receive marketing from Mike's Dive Store. You are able to unsubscribe at any time by clicking the unsubscribe link in any of the emails or by requesting to be removed from our marketing list by emailing support@mikesdivestore.com. Removal from marketing does not affect your ability to receive transactional update emails about orders or returns.
Prizes
The prize is as specified in the Competition Information. The prize is not negotiable or transferable. There is no cash alternative for the prize.
The process for determining the winner of the prize is as indicated in the Competition Information. Where the winner is randomly selected from all correct and valid entries, the draw for the winner will take place within 7 days of the date on which the competition closes.
Prize draw prizes will be awarded in accordance with the laws of chance and, if required by law or regulation, under the supervision of an independent observer. Any competition requiring a subjective assessment in the selection of winning entries will be judged by Mike’s Dive Store or as indicated in the Competition Information and, if required by law or regulation, an independent judge or a panel including one member who is independent of the competition’s promoters and intermediaries.
Should more prizes be claimed than are available for any reason, a simple prize draw will take place for the available prize(s).
Mike’s Dive Store will attempt to notify the winner within 7 days after the closing date, or as otherwise indicated in the Competition Information, and where time is of the essence for such a period as Mike’s Dive Store shall in its absolute discretion deem reasonable. He/she will be contacted on the phone number, by SMS text, or email address provided when entering the competition. The winner will have a specified fixed time period in which to claim his or her prize. If Mike’s Dive Store is unable to notify the winner, or if the winner fails to respond within the fixed time period as specified and/or provide an address for delivery of the prize, this may result in forfeiture of the prize and Mike’s Dive Store reserves the right to select an alternative winner in accordance with these terms and conditions and the Competition Information.
Mike’s Dive Store may in its sole discretion refuse to provide a prize, or seek its recovery, in the entrant doesn’t meet the eligibility requirements or an entrant’s breach of these terms or Mike’s Dive Store’ website terms of use.
Any entrant who enters or attempts to enter the competition in a manner, which in Mike’s Dive Store’ determination is contrary to these terms and conditions or by its nature is unfair to other entrants may be removed from the competition at Mike’s Dive Store’ sole discretion.
Mike’s Dive Store reserves the right to modify, cancel, terminate or suspend the competition in whole or in part, at its sole discretion, if it believes the competition is not capable of being conducted as specified in these terms and conditions or in the event of a virus, computer bug or unauthorised human intervention or any other cause that is beyond the reasonable control of Mike’s Dive Store that could corrupt or affect the administration, security, impartiality, or normal course of the competition.
Mike’s Dive Store reserves the right in its sole discretion to withhold delivery of the prize until such proof of eligibility and identity has been confirmed or if such proof is not produced on request or to disqualify the entrant from the competition.
Mike’s Dive Store shall try to deliver the prize to the winner within 28 days from the date of the draw, unless otherwise specified to the winner. Delivery restrictions may apply However, Mike’s Dive Store reserves the right to change the prize due to circumstances beyond its control or to offer an alternative of similar value.
In relation to all competitions, the entrant consents to its first name and surname to be published by Mike’s Dive Store in the event they win, entrants grant to Mike’s Dive Store a non-exclusive royalty free licence to use and publish their entry in any media for the purpose of announcing the winner. Mike’s Dive Store does not claim any rights of ownership in any competition entry.
Entrants who wish to object to any or all of their first name, surname, and winning entry being published or made available, should write to us by email to support@mikesdivestore.com. In such circumstances, Mike’s Dive Store must still provide the information and winning entry to the Advertising Standards Authority upon request but such information will not be published.
Data Protection and Publicity
The winner consents to Mike’s Dive Store (or any third party nominated by Mike’s Dive Store) using his/her name, address, and image and comments relating to the prize and competition experience for future promotional, marketing and publicity purposes in any media worldwide (“Specified Purposes”).
Information, data and the caller line identity (“personal data”) which is provided by entrants when they enter will be held and used by Mike’s Dive Store and their suppliers and contractors in order to administer the competition. If entrants call from a withheld caller line identity and do not provide their caller line identity when entering the competition, Mike’s Dive Store may use the withheld caller line identity for customer care purposes such as refunds or communications relating to a service e.g. to notify a winner. Entrants’ personal data may also be passed to their mobile phone network or to relevant regulatory bodies including Phone-paid Services Authority, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity or where requested by the phone provider in connection with the billing arrangements for the competition. Aggregate, non-personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services.
Any entrant has the right to object or withdraw the consent they have given in respect of the Specified Purposes and the use of their personal data at any time by writing to Mike’s Dive Store, via email to support@mike’s Dive Store.
By submitting their personal details, the entrant agrees to Mike’s Dive Store processing those details in accordance with these terms and conditions, the Competition Information and in accordance with Mike’s Dive Store’ privacy policy which can be viewed at https://www.mikesdivestore.com/pages/privacy-policy. Any entrant who is entering the competition via e-mail or SMS may opt out of receiving any marketing communications from Mike’s Dive Store by writing to us via email to support@mikesdivestore.com.
Mike’s Dive Store is the controller and responsible for the personal data and your contact details. Mike’s Dive Store shall comply with all applicable requirements of the Data Protection Act 2018, the General Data Protection Regulation, any successor legislation or other applicable law.
Liability
Nothing in these terms and conditions shall exclude or limit Mike’s Dive Store’ liability for death or personal injury caused by their staff or supplier’s negligence or for fraud. Subject to this, Mike’s Dive Store cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize. Mike’s Dive Store is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the competition.
Neither Mike’s Dive Store nor its servants, agents, nor any other party or organisation involved in the management, promotion, or administration of the competition or its entry routes or donation of prizes or their agents or subsidiaries involved in the competition will accept responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions (including but not limited to security functions by software used by Mike’s Dive Store or any third party), virus, bugs, or other causes outside its control.
Mike’s Dive Store cannot promise that the services relating to the competition will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond the control of Mike’s Dive Store. Mike’s Dive Store will not be liable in the event that all or any part of the service relating to the competition is discontinued, modified or changed in any way.
Standard terms
In the event that any entrant does not, or is unable to, comply with and meet these terms and conditions and the Competition Information, Mike’s Dive Store shall be entitled at its sole discretion to disqualify such entrant, without any further liability to such entrant. In these circumstances, any prize(s) won by the entrant may be forfeited and Mike’s Dive Store reserves the right to reclaim any prize(s) already distributed to the entrant. Any entrant must comply with any directions given to him or her by Mike’s Dive Store including but not limited to any and all relevant laws, rules and applicable regulatory codes.
The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Please note that calls may be recorded to ensure that competition entries are captured, for staff training and quality control purposes.
These terms and conditions shall be governed by English law, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
These terms and conditions were last updated on 14th May 2020.