The terms with capital letters set out below have special meanings:
the GT Academy competition 2011 comprising an online Time Trial and a Territory Final as described herein;
the opportunity to participate in a residential "GT Academy Race Camp" event (which may be up to 8 days in duration) to take place at Silverstone (and any other European venues the Promoter may decide) and a further chance to win an intensive 7 month motor racing training course and a place as a driver with an experienced motor racing team in the Dubai 24 Hour International race (subject to obtaining an international race licence);
Sony Computer Entertainment Europe Limited with a registered office at 10 Great Marlborough Street, London W1F 7LP United Kingdom ("SCEE")
Terms and Conditions:
these Specific Rules and the General Rules.
There are other terms with capitalised letters and they are set out below in brackets.
1.1.This Competition is open to residents of Austria, France, Germany, the Netherlands, Portugal, Ireland, Spain, Switzerland and the United Kingdom who fulfil the entry criteria described below, except employees of the Promoter or Nissan International SA and the Nissan group of companies ("Nissan"), their families, agents or anyone professionally connected with the Competition who shall not be entitled to enter.
1.2.The Competition will be organised on the basis of territories as follows:
(a)UK & Ireland;
(b)France & Switzerland;
(c)Austria & Germany;
(d)Spain and Portugal;
(each a "Territory").
Entry shall be permitted only in the Territory of residence.
1.3.To enter this Competition, entrants must:
(a)be 18 or over;
(b)hold a valid passport and be capable of obtaining the appropriate visa to enter the country hosting the Territory Final (as applicable to the entrant), to enter each of the UK and the Schengen area for the duration of the Race Camp, to enter the UK for the duration of the Training Programme, and to enter Dubai and race at the Dubai 24 Hour International race;
(c)have a Sony Entertainment Network account (a "SEN Account") registered in the same country as the entrant's current country of permanent residency, and that country must be listed in Rule 1.1 above;
(d)hold a fully unrestricted (not provisional) valid driving licence issued by the relevant national driving licensing authority (for example the DVLA in the UK), with the appropriate category of vehicle (car) clearly indicated;
(e)have not been convicted of any criminal offences;
(f)be in good general health in accordance with Motor Sports Association ("MSA") medical requirements (details can be found at http://www.msauk.org/uploadedfiles/msa_forms/Comp_Licence_Notes.pdf);
(g)not have an existing competition driving contract with any motor sports team, body, agent or management company that conflicts with his/her ability to accept the Prize;
(h)not previously held a National A or superior MSA license or equivalent in another FIA recognised ASN;
(i)not have competed in a national level Karting Championship for more than two full seasons; or
(j)not have competed at the Race Camp Stage (or equivalent or similar stages) in any previous GT Academy competition.
1.4.By entering the Competition each entrant promises he/she fulfils the above entry requirements. The Promoter reserves the right to verify the eligibility of entrants at any time during the Competition or the Prize (e.g. by requesting copies of entrants' passports, driving licences, proof of residence and requesting competitors to undergo a medical if required). Failure to comply with any verification procedures operated by the Promoter will result in disqualification from the Competition and/or withdrawal of the Prize. In the event of any dispute concerning the eligibility of any entrant to participate in the Competition, the Promoter's decision shall be final. In any event, the jurisdiction clause (see Rule 1.18 of Part D "GENERAL" below) shall apply to any disputes arising from said decision.
The opening date for receipt of entries is 09.00 GMT on 4 March 2011 and the closing date for receipt of entries is 23.59 GMT on 17th April 2011 (the "Entry Period").
To enter the Competition, entrants will need a PlayStation®3 system (a "PS3"), the game Gran Turismo® 5 (the "Game"), a SEN Account which complies with Rule 1.3(c) above and a broadband internet connection. Creating an account with PlayStation®Network is free of charge but entrants are responsible for any internet access fees.
To enter, entrants must follow all of the steps set out at Section 4 and 5 below during the Entry Period.
4.Registration and download
4.1.Entrants must go to the website "http://eu.gran-turismo.com/" ("the Website"), accept these Terms and Conditions, sign-in to their SEN Account and submit various personal details. Entrants must ensure that the details they provide on the Website match the details of their SEN Account. Any disparity in the information provided could result in the entrant's disqualification from the Competition. Personal details collected on the Website will only be used to administer the Competition and may be used to send all entrants news and publicity material in relation to the Competition.
4.2.Entrants must boot up their copy of the Game on their PS3, sign-in to their SEN Account and go to the GT Academy time trial which will be accessible from the Seasonal Events section. Entrants must ensure that they have downloaded all game updates that have been made available as of the opening date.
5.The Online Time Trial
5.1.After successfully completing the steps above, entrants can enter the Competition by completing the GT Academy time trial which will become available in the Game. The time trial requires entrants to drive around the track using the selected car with the aim of achieving the fastest possible time ("Time Trial"). The time that each entrant takes to complete the Time Trial will be recorded, stored and collated by the Promoter. One per Territory leader-board will be displayed in the Game and/or on the Website showing fastest times recorded.
5.2.Entrants can complete the Time Trial as many times as they wish during the Entry Period. Entrants must act within the spirit of the Game and comply with any instructions provided within the Game. The Promoter reserves the right to disqualify entrants for unsportsmanlike conduct. Entrants who cheat by any means, including but not limited to, cutting corners and exploiting glitches or any other unintended functionality in the Game, will be disqualified.
5.3.The twenty entrants from each Territory who have achieved the fastest Time Trial time from all entries made within that Territory by the closing date of the Competition (i.e. by the end of the Entry Period) ("Qualifying Entrants") will qualify for stage two of the Competition, the applicable Territory Final.
6.The Territory Final
6.1.All Qualifying Entrants will be contacted by the Promoter via e-mail as soon as practicable after the end of the Entry Period (it is intended that this will be within 5 days of the end of the Entry Period but the Promoter does not guarantee this) and invited to take part in the applicable Territory Final. Qualifying Entrants must claim their place in the Territory Final within seven days of the date the notification is sent by the Promoter. Entrants shall have sole responsibility for ensuring that the e-mail address associated with their SEN account is correct and active. In the event that a Qualifying Entrant does not wish to continue participating in the Competition or is disqualified from the Competition in accordance with these Terms, the Promoter may, at its discretion, select a substitute entrant to become a Qualifying Entrant. Such substitute entrant shall be the entrant from the same Territory as the original Qualifying Entrant, who achieved the next fastest Time Trial.
6.2.Each Territory Final will be a two day event that will take place in one of the countries in the applicable Territory at a location, date and time to be notified by the Promoter to the Qualifying entrants by email. It is intended that all Territory finals will take place during the period 29 April to 15 May 2011 but the Promoter reserves the right to change these dates.
6.3.All Qualifying Entrants may be required to complete a medical questionnaire and shall be required to sign a participation agreement (and return such documentation to the Promoter) prior to participating in the applicable Territory Final. The Promoter reserves the right to disqualify any entrant who fails to comply with this requirement at any stage, or who the Promoter reasonably considers (based on the contents of the medical questionnaire) has a physical or mental condition which would make them unsuitable to participate in any part of the Competition or Prize or could prevent the Qualifying Entrant from holding a competition licence for motor sports.
6.4.The content of the participation agreement will require Qualifying Entrants to:
(a)confirm their acceptance of these Terms and Conditions;
(b)commit to attending and participating in the entire Race Camp event should they win the applicable Territory Final;
(c)commit to taking part full time in all necessary training and racing events leading up to and including the Dubai 24 Hour International race should they win the Race Camp event; and
(d)consent to being interviewed, photographed and filmed during all stages of the Competition and the Prize and for any resultant footage, stills and audio to be used by the Promoter and the Sony group of companies, and Nissan, for their own promotional purposes in connection with the Competition, the Prize and/or the Game, in perpetuity, in all media, subject to the terms of the rules under Part D "GENERAL" below.
6.5.During each Territory Final, Qualifying Entrants may be required to compete in various virtual and "real world" challenges and undergo assessments which may include mental challenges and medical and physical assessments. Qualifying Entrants may be eliminated at any stage in a Territory Final on the basis of their performance in, or the results of, any of these challenges or assessments.
6.6.Entrants acknowledge that each Territory Final may include additional wildcard entrants who will have qualified through a separate entry mechanism and that they may be required to compete against such wildcard entrants as if they were Qualifying Entrants as defined in these Terms.
6.7.The Promoter will be responsible for supplying all relevant equipment at each Territory Final including a PS3TM and a copy of the Game.
6.8.Two winners will be selected from Qualifying Entrants and any wildcard entrants participating in each Territory final. The winners shall be those who are judged to have displayed the best performance in the challenges and assessments undertaken during the Territory Final (these winners are the "Territory Final Winners").
6.9.All Territory Final Winners shall progress to the Race Camp event.
7.Prize Stage 1 - GT Academy Race Camp
7.1.All Territory Final Winners will be notified by email by the Promoter as soon as practicable after all Territory Finals have taken place and invited to take part in a residential "GT Academy Race Camp" event (which may be up to 8 days in duration), together with the winners of the GT Academy competition that has taken place in Italy (who will also be considered "Territory Final Winners"), which will take place at Silverstone (and any other European venues the Promoter may decide) (the "Race Camp").
7.2.Territory Final Winners must claim their place in the Prize stage within seven days of the date the notification is sent by the Promoter.
7.3.In the event that a Territory Final Winner does not wish to continue participating in the Competition, or fails to claim their place in the Prize stage within the relevant deadline, or is disqualified from the Competition for failure to comply with these Terms and Conditions, the Promoter may at its discretion select a substitute Qualifying Entrant to become a Territory Final Winner. Such substitute entrant will have participated in the same Territory Final as the original Qualifying Entrant and shall have achieved the next best overall performance in the challenges and assessments in the applicable Territory Final.
7.4.The following shall be arranged for each Territory Final Winner:
(a)economy class flights from an international airport in the Territory Final Winner's country, or standard fare train/coach travel, as applicable or appropriate, to and from the Race Camp start and end locations.
(b)transfers to and from the Race Camp start and end locations to and from the relevant airport, train or coach station, as applicable;
(c)on site accommodation at the Race Camp;
(d)travel insurance; and
(e)meals and refreshments during the Race Camp.
Territory Final Winners are responsible for their transport to and from their home and their nearest international airport or train station.
7.5.During the Race Camp, Territory Final Winners will:
(a)receive training from Silverstone Circuits Ltd (or another comparable motor racing training provider) and their agents;
(b)compete in a series of real driving events against other Territory Final Winners; and
(c)take part in a number of rigorous challenges that will test their physical and mental aptitudes (including physical fitness).
7.6.An independent panel of expert judges will be present during the Race Camp and will evaluate each Territory Final Winner based on their performance during each driving event and challenge. The objective judging criteria to be implemented in this part of the Prize stage will be explained in more detail to the Territory Final Winners during the Race Camp. The Promoter shall make the judges' names available on request.
7.7.The judges may eliminate any Territory Final Winner at any stage of the Race Camp on the basis of that Territory Final Winner's performance in any of the challenges or assessments undertaken during the Race Camp. At the end of the Race Camp, the judges will select one Territory Final Winner who has demonstrated the best overall performance and the greatest potential to become a professional racing car driver (the "Race Camp Winner").
7.8.The Race Camp Winner shall win the opportunity to participate in a 7 month motor racing training course and the further opportunity to earn a place as a driver with an experienced motor racing team in the Dubai 24 Hour International race (subject to obtaining an international race licence).
7.9.In the event that the Race Camp Winner is unable or unwilling to continue participating in the Prize stage, or is disqualified for breach of these Terms, the Promoter may at its discretion select a substitute Race Camp Winner. Such substitute Race Camp Winner shall be the Territory Final Winner (from the final 6 at the Race Camp) who demonstrated the next best overall performance in the Race Camp assessments and challenges and potential to become a racing car driver during the Race Camp.
7.10.The name of the Race Camp Winner will be announced on the last day of the Race Camp.
8.Prize Stage 2 - Motor Racing Training and International Racing Licence
8.1.The Race Camp Winner will be invited to train with a motor racing team over a period of seven months from June to December 2011 at the Silverstone Racing Circuit in the United Kingdom (the "Training Programme"). The Training Programme will comprise:
(a)test or practice sessions including kart racing;
(b)participation in between 10 and 16 MSA approved club or national motorsport events at locations in the United Kingdom. Race Camp Winners must complete each event in full and they must obtain the necessary "signature" from an MSA steward confirming their attendance before progressing to the next event; and
(c)A pre-determined personalised fitness plan.
8.2.The Race Camp Winner must be prepared to travel to the United Kingdom and remain there for the duration of the Training Programme. The following shall be arranged for the Race Camp Winner:
(a)travel to the United Kingdom;
(c)basic living expenses; and
(d)travel from the United Kingdom to the Race Camp Winner's home international airport, bus or rail station (as applicable) at the end of the Training Programme.
8.3.The Race Camp Winner shall be responsible for his or her transport from his or her home to the international departure point (and, on the return journey, from the international arrival point to his or her home) and for arranging any necessary visas/permissions to travel to and stay in the United Kingdom for the purposes of the Training Programme.
8.4.The Race Camp Winner will be required to sign a motorsport related management contract with the relevant racing team or its agents before the commencement of any training. Such contract will prohibit the Race Camp Winner from driving for another professional racing team during the course of the Training Programme and the rest of the Prize stage. The Race Camp winner may be required to provide written confirmation from his or her employer (if applicable) that they are in a position to fully participate in the Training Programme and all Prize stages.
8.5.The Race Camp Winner must comply with all training requirements laid down by the Promoter and/or the racing team. The provision of training is not a guarantee that the Race Camp Winner will obtain an international competition licence from the MSA and the Promoter or Nissan shall not be held liable in the event that such a licence is not granted for any reason. In the event that the Race Camp Winner is unable to obtain an international competition licence, the opportunity to race at the Dubai 24 Hour International Race shall be withdrawn and no alternative prize or opportunity will be offered.
8.6.The cost of the Race Camp Winner's international competition licence application fee and applicable European postage fee charged by the MSA, and any entry fees to training events and races shall be covered by the Promoter or its agents, and the Race Camp Winner shall be provided with all relevant racing uniform, equipment and vehicles at the various racing events.
9.Prize Stage 3 - The Dubai 24 Hour International Race
9.1.Provided that the Race Camp Winner:
(a)has participated fully in all aspects of, and has completed, the Training Programme to a satisfactory standard (to be judged by the Promoter and the motor racing team); and
(b)has obtained an international competition licence from the MSA,
the Race Camp Winner (having satisfied these conditions, now the "Selected Licence Holder") will be invited to join a motor racing team for selected races at the Dubai 24 Hour International Race due to take place in Dubai in January 2012.
9.2.The following will be provided for the Selected Licence Holder:
(a)economy class return flights;
(b)transfers between the airport, hotel and the racing circuit, as required;
(d)travel insurance; and
(e)meals and refreshments.
The Selected Licence Holder is responsible for their transport to and from their home and the international departure or arrival point, as applicable.
9.3.The motor racing team and/or its agents will define the timetable and driving schedule for the Selected Licence Holder.
9.4.There is no guarantee that the Selected Licence Holder will race in the Dubai 24 Hour International Race. This is a matter which will ultimately be decided by the motor racing team and is at their sole and absolute discretion.
10.1.All entrants must adhere to the PlayStation®Network Terms of Service and User Agreement available at www.eu.playstation.com/legal ("TOSUA").
10.2.No applications from agents, third parties, organised groups or applications automatically generated by computer will be accepted. No incomplete, illegible or corrupted entries will be accepted. No entries not in accordance with these Terms and Conditions or any entry instructions will be accepted.
10.3.The Promoter cannot accept responsibility 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, damaged or delayed as a result of server functions, technical issues, virus, bugs or other causes outside the Promoter's reasonable control.
10.4.The Promoter reserves the right to disqualify any entrant if:
(a)it has reasonable grounds to believe the entrant has not fulfilled all the relevant entry criteria;
(b)has supplied untruthful, inaccurate or misleading personal details and/or information;
(c)has failed to abide by the TOSUA;
(d)is in breach of these Terms and Conditions;
(e)has failed to abide by any reasonable instructions given by the Promoter, the motor racing team and /or Nissan, or their representatives during the Competition or the Prize (including without limitation any safety instructions such as wearing safety equipment).
(f)has failed to compete in the spirit of fair play.
10.5.The decision of the judges is final. In the event of unforeseen circumstances or in its absolute discretion if it so wishes to do so, the Promoter and/or Nissan reserves the right to substitute the Prize (or any part of it) for an alternative of equal or greater value or to amend, alter or cancel the Competition. No cash alternative will be offered. In the event of cancellation/amendment of the Competition or substitution of the Prize, the parties expressly agree that, to the fullest extent permitted under applicable laws, the entrant will not be entitled to any compensation. No correspondence will be entered into.
10.6.In the event that an entrant or winner is disqualified or is unable to attend any part of the Competition or the Prize, the Promoter reserves the right to appoint a substitute entrant selected in accordance with these Terms and Conditions. For the avoidance of doubt, (i) an entrant can withdraw from participating in the Competition and/or the Prize at any stage; (ii) the Promoter reserves the right to disqualify an entrant at any stage in accordance with these Terms and Conditions; and (iii) any entrant who withdraws or is disqualified shall not be entitled to any compensation in relation to such withdrawal or disqualification.
10.7.No expenses will be covered other than those expressly stated to be covered in these Terms and Conditions. The Promoter and/or Nissan shall be responsible for making any relevant travel or accommodation arrangements that are expressly referred to in these Terms and Conditions.
10.8.Qualifying Entrants, Territory Final Winners and Race Camp Winners must ensure that they are available to attend all aspects of the Competition and, where relevant, any training or racing events forming part of the Prize. The Promoter shall have no liability to an entrant who is unable to attend or take part in the Competition or the Prize (or any part of it) for whatever reason.
10.9.Motor racing is dangerous and can involve injury or death. By attending any training or racing events forming part of the Competition and/or the Prize, entrants acknowledge this and confirm that they are aware of the nature of the activity and agree to attend at any racing locations at their own risk. Neither the Promoter, Nissan and/or their respective directors, employees, affiliates, agents and/or representatives shall be responsible for any loss, damage or injury to persons or property caused or sustained by any as result of attendance at any racing location, save for liability for death or personal injury arising from any such party's negligence or for fraudulent misrepresentation or for anything else that cannot be excluded or limited by applicable law (and in respect of entrants resident in Germany, save for liability for death or personal injury caused by a deliberate, negligent or grossly negligent breach of duty by the Promoter, its statutory agent or employee, or liability for fraudulent misrepresentation).
10.10.Any entrant participating in motor racing must sign an agreement to waive liability (in so far possible by law) and may be asked to sign further liability waivers as a pre-condition of their entry into competitive motor sport events.
10.11.Entrants must take note of and comply with all reasonable security and health and safety regulations in place at any racing location. Each entrant participating in motor racing promises that he/she will be responsible at all times and shall behave both in relation to his/her own safety and those of others with all reasonable due care and attention. A participant may be disqualified from the Competition or the Prize, or barred from participating in any part of the driving elements of the Prize (including the Territory Final, the Training Programme and/or the Dubai 24 Hour International Race), and/or refused access to, and ejected from, any racing location (at the Promoter's discretion) if that person:
(a)behaves disruptively or in any way that creates, or is likely to create, a dangerous situation that is otherwise avoidable;
(b)acts against the interests of safety;
(c)behaves in a way that is likely to cause damage, nuisance or injury;
(d)fails to abide by the Promoter, Nissan, the motor racing team and/or their agents' reasonable instructions; or
(e)is suspected to be under the influence of any substance that impairs his/her driving ability.
10.12.All entrants agree to comply with the terms and conditions of those of third party suppliers engaged by the Promoter or Nissan in providing any aspect of the Prize ("Third Party Suppliers"). Entrants may be required to sign such terms and conditions of Third Party Suppliers. The Promoter and Nissan reserve the right to withdraw and/or disqualify a participant from the Competition at any time during the Competition and prohibit a participant from taking part in any further motor racing activity if he/she does not agree to sign such Third Party Suppliers' terms and conditions or fails to abide by such terms and conditions. The Promoter and Nissan also reserve the right to notify the foregoing disqualification or withdrawal from the Competition to competent international sport authorities.
10.13.Winners' details (name and country) will be made available on the Promoter's website(s). Entrants/participants hereby consent to the disclosure of such personal data on such website(s).
10.14.Qualifying Entrants and winners of any part of the Prize shall co-operate with any reasonable publicity arising from this Competition and/or the Prize.
10.15.The Promoter (or any third party nominated by the Promoter including, without limitation, Nissan) may exercise its sole discretion to use Qualifying Entrants', Territory Final Winners', Race Camp Winner's or the Selected Licence Holder's name and image and their comments relating to the Prize, the Game and Competition experience for future promotional, marketing and publicity purposes in connection with the Competition, the Prize and/or the Game in any media worldwide without notice or without any fee being paid.
10.16.Entrants who win any part of the Prize may be required to pay tax on the Prize in accordance with their jurisdiction's tax legislation.
10.17.These Terms and Conditions shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any dispute arising from running the Competition or the Prize.
10.18.General Rules apply to this Competition. Please click here to view the General Rules.
11.2.By entering the Competition, all entrants will have consented to the transfer of their Personal Data to the Promoter and to Nissan and their agents for the purposes of the administration of this Competition and the Prize. The Promoter shall be the data controller of all Personal Data collected by the Promoter during the Competition, for the purposes of data protection regulations.
11.3.The Promoter confirms that all Personal Data requested from an entrant is necessary for the purposes of that entrant participating in the Competition and/or obtaining the Prize. Entrants shall be entitled to access, rectify, complete, update, block or delete their Personal Data or to object to its processing by written communication to the Promoter. Personal Data on entrants' health will only be processed by the Promoter, Nissan and/or those designated medical services providers exclusively for assessing the entrants' suitability for participating in the relevant stages of the Competition.