1. The Promotion
a. The promoter is First MTR South Western Trains Limited trading as South Western Railway ("SWR", "we" or "us") a company established in the UK with a registered office address at 4th Floor Capital House, 25 Chapel Street, London, NW1 5DH. Registered in England and Wales, company number: 07900320.
b. The title of the Promotion is ‘Switch your season ticket to Smart’.
c. The Promotion will run from 00:01 Monday 3rd December 2018 (“Opening Date”) until 23:59 Tuesday 30 April 2019 (“Closing Date”). Within this period there will be 5 monthly prize draws, each closing on the final day of the month. All entries must be submitted before the Closing Date and entries submitted after this time will not be considered for the prize draw.
d. SWR reserves the right to hold void, suspend, cancel, or amend the Promotion.
2. Promotion entry
a. Entry is free of charge and no payments are required in order to participate.
b. To enter, within 1 of the monthly periods you must apply for a SWR Touch Smartcard AND purchase a Season ticket on a Touch Smartcard to be automatically entered into the relevant monthly prize draw. Eligible season tickets are any of the following: weekly, monthly (or monthly plus) or Annual. All Season tickets must be retained in the form of a Smartcard for the entire validity of the ticket. Internet access and a valid email address are required.
c. The Promotion is only open to residents of the UK. Proof of identity, residence status as well as a phone number, postal address and UK bank account will be required to claim the prize.
i) SWR employees and their immediate families, agents;
ii) Anyone professionally connected with the prize draw;
iii) Season ticket holders already buying on Smart;
iv) Season ticket holders who have a Smartcard but haven’t purchased a season ticket yet;
v) Season ticket holders switching to Smart via the Customer Service Centre;
vi) Season ticket holders purchasing Smart seasons via TVMs;
vii) Discounted scholar season tickets sold through our specialist sales team; and
viii) Anyone eligible for rail staff travel facilities including retired staff and dependents will be excluded.
e. SWR reserves the right to check the validity of any entry. Entries failing to comply with these rules will not be accepted.
f. Only one entry per person will be entered into the Promotion and no entrant shall win more than one prize.
g. If any of the prizes are not claimed by the Closing Date no replacement winner(s) will be selected.
h. Entries failing to comply with these rules may be disqualified by SWR in their sole discretion.
a. Monthly Prize Draws:
i) December 3/12/18 – 31/12/18
ii) January 01/01/19 – 31/01/19
iii) February 01/02/19 – 28/02/19
iv) March 01/03/19 – 31/03/19
v) April 01/04/19 – 30/04/19
b. The Prizes: 15 winners, 3 winners each month will win back the value of their season ticket, either a weekly, monthly or annual pass in the form of a cheque, payable to the named winner.
c. SWR's terms and conditions for season tickets and the National Rail Conditions of Travel continue to apply.
d. The prizes are as stated and, subject to paragraph (g) below, no cash or other alternatives will be offered.
e. If, due to circumstances beyond SWR’s control, SWR is unable to provide the stated prize, it reserves the right to award a substitute prize of equal or greater value.
f. Winner Selection: All valid entries received by the Promoter during the Promotion Period will be entered into a Prize Draw to be conducted within 10 working days of the Closing Date.
g. Winner notification: The winner will be notified via email within 28 days from the end of the draw and will be required to respond to confirm eligibility plus acceptance of the Prize within 14 days of initial contact. In the event a winner does not respond to communications within the 14 days of initial contact, the Promoter reserves the right to disqualify that winner.
h. Allow 28 days from Prize acceptance to receive the prize.
i. Bulk entries made from trade, consumer groups or third parties will not be accepted. Incomplete or illegible entries, entries by macros or other automated means (including systems which can be programmed to enter), and entries which do not satisfy the requirements of these terms and conditions in full will be disqualified and will not be counted. If it becomes apparent that an entrant is using a computer(s) to circumvent this condition by, for example, the use of ‘script’, ‘brute force’, masking their identity by manipulating IP addresses, using identities other than their own or any other automated means in order to increase that entrant’s entries into the Promotion in a way that is not consistent with the spirit of the Promotion, that entrant’s entries will be disqualified and any prize award will be void.
k. To request the name and county of the winners, please send a stamped, self-addressed envelope to South Western Railway, 6th Floor, Friars Bridge Court, 41-45 Blackfriars Road, London, SE1 8NZ within one month of the Closing Date.
4. Exclusion of liability
a. Insofar as is permitted by law, SWR, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of SWR, its agents or distributors or that of their employees. Your statutory rights are not affected.
b. If for any reason the Promotion is not capable of running as planned for reasons including but not limited to tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right (subject to any written directions given under applicable law) to disqualify any individual who tampers with the entry process and to terminate, modify or suspend the Promotion.
c. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions the Promoter will not be liable for any failure to perform or delay in performing its obligations.
d.The winner agrees to allow the Promoter to use their name, and country of residence to announce the winner of the Promotion. The Promoter reserves the right to publish the name and country of residence of the winner. The winner may be required to participate in any reasonable publicity arising from the Promotion.
b. If any provisions of these Terms and Conditions are judged to be invalid, illegal or unenforceable, this shall not affect or impact the continuation in full force and effect the remainder of the provisions.
c. These Terms and Conditions shall be governed by the laws of England and Wales, whose courts shall have exclusive jurisdiction.