RECITALS – The Promotion
Subject to full compliance with these terms and conditions, certain customers who purchase an eligible promotional KUBOTA mower during a particular time period may claim up to a maximum of £300/€400 cashback from Kubota (UK) Limited.
ARTICLE 1 – PARTICIPANTS
1.1 This promotion is only open to Participants. A Participant (“Participant”) is:
1.1.1 a person or a legal entity (company) who is resident in the UK and/or in ROI; and
1.1.2 who is an End User customer of Kubota (UK) Limited (“Kubota”) or one of its participating retailers as listed in the [First Schedule] (“Participating Retailer”); and
1.1.3 who has purchased a product listed in clause 3.1 (“Participating Product”) during the period detailed in clause 1.3 (“the Period”); and
1.1.4 who has complied in full with the participation requirements set out in clause 2 of these terms and conditions.
1.2 For the avoidance of doubt, employees of Kubota, its subsidiary companies, their families, agents and other parties directly involved with this promotion are not included within the definition of Participants and therefore are not eligible to enter or otherwise seek to apply for the cashback promotion detailed in these terms and conditions.
1.3 All purchases of Participating Products must be made by a Participant with a Participating Retailer during the period from and including 1st February 2018 to and including 30th June 2018 Provided that Kubota shall be entitled to terminate, shorten, amend or extend such period at any time and at its absolute discretion.
ARTICLE 2 – HOW TO PARTICIPATE
2.1 Following the purchase by a Participant of a Participating Product from Kubota or a Participating Retailer during the Period, the Participant must:
2.1.1 fully and accurately complete and submit a cashback claim form (available at www.kubota.co.uk/promotions) to Kubota in accordance with the provisions of clause 2.2 of these terms and conditions together with;
2.1.2 details of a valid product serial number for the Participating Product; and
2.1.3 a copy only of the original sales invoice (or till receipt) received by the Participant from Kubota or a Participating Retailer clearly detailing the Participating Product purchased, its valid serial number, the purchase price and the date of purchase no later than midnight on Friday 17th July 2018 (time being of the essence). Kubota will not accept any cashback claims received subsequently.
2.2 The Participant may submit the completed cashback claim form and product serial number and copy of the original sales invoice as referred to in clause 2.1 above online at www.Kubota.co.uk/promotions or by post by sending them to: Kubota T&GR Series Cash Back Campaign, Kubota (U.K) Limited, Marketing Department, Dormer Road, Thame, Oxfordshire, OX9 3UN
2.3 By submitting a cashback claim, the Participant agrees to be bound by these terms and conditions.
2.4 It is a condition of the promotion detailed in these terms and conditions that the Participating Product must be warranty registered by Kubota or the Participating Retailer before the cashback claim can be validated.
2.5 Kubota will have no liability whatsoever for any cashback claim not received with all required information and documentation within the time period detailed in clause 2.1 of these terms and conditions.
2.6 Kubota will not in any event accept original [receipts] sales invoices. Original [receipts] sales invoices may act as a warranty for the Participating Product and therefore the Participant must ensure only a copy of the [receipt] sales invoice for the Participating Product is provided. No documentation received from the Participant will be returned, as referred to in clause 2.8 below.
2.7 All cashback claim forms and other documentation are sent at the Participant’s risk and proof of sending is not proof of receipt.
2.8 Only one claim per Participating Product purchased by a Participant during the Period from Kubota or a Participating Retailer may be made by a Participant.
2.9 Each cash back claim made pursuant to these terms and conditions is limited to a single use and cannot be used in conjunction with any other promotional voucher, code, cash back or other offer in respect of any Participating Product.
2.10 All and any documentation submitted by the Participant (including but not limited to receipts/sales invoices) in respect of the cashback offer detailed in these terms and conditions will, once received by Kubota, become its property and will not be returned.
2.11 In addition to the provisions detailed above, a cashback claim will not be valid if:
- a) The Participating Product is or has been refurbished, altered or worked upon in any way; or
- b) The Participating Product is purchased from eBay or Amazon; or
- c) If the Participant breaches and/or fails to fulfil any of its obligations contained in these terms and conditions; or
- d) If the purchase made by the Participant relates to graded, seconds, replacements and imperfect Participating Products or in respect of trade/contract sales
2.12 Kubota reserves the right to investigate and undertake all such action as is reasonable to protect itself against fraudulent or invalid claims including, without limitation, to require a Participant to provide further verification as to proof of purchase. In addition, Kubota reserves the right to reject those cashback claims which are fraudulent or invalid.
2.13 Interpay Sales Promotion, on behalf of Kubota, will issue the cashback value for eligible claims via bank transfer, using the bank the Participant has provided on the claim form/email within 28 days of validation of the claim (this is arguably an indefinite period in any event as there is nothing to say when a claim will be “validated” – alternative would be to state claims will be dealt with by, say 31 August 2018).
2.14 It is the Participant’s full responsibility to:
2.14.1 Ensure that all payment, address, bank account and other details provided by it are full, complete and accurate.
and the Participant acknowledges, understands and agrees that only one bank payment, will be issued per valid claim.
ARTICLE 3 – CASH BACK
3.1 The cash back offer is as listed below, per Participating Product:
|Mower Model – Participating Product||Cashback Value|
3.2. Where the cash back payment constitutes a taxable benefit, all and any tax liability lies with the Participant in receipt of it.
3.3. In the unlikely event the Participant is unhappy with a Participating Product and wishes to return it; such return is conditional upon the return or repayment of any cashback payment made to the Participant. For the avoidance of doubt this clause does not prohibit in any way the Participant’s right to exercise their applicable statutory or warranty rights.
3.4. If the Participant is a UK resident and purchases a product from ROI he will receive the Cashback in GBP and if the Participant is a ROI resident and purchases a product from UK he will receive the cashback in EUR.
ARTICLE 4 – THE PROMOTER
The promoter of the cashback offer detailed in these terms and conditions is: Interpay Sales Promotions, Co registration Number 476077, VAT Registration Number IE 9724909W, IDA Business & Technology Park, Ring Road, Kilkenny, Ireland on behalf of Kubota.
4.1 For any enquiries in connection with these terms and conditions or the cashback offer, please email Kubota@claim-lookup.com or call +442033683978.
ARTICLE 5 – DATA
5.1 Where applicable any data captured during the course of the promotion will be collated, accessed, processed and stored wholly in accordance with applicable Data Protection Laws and Regulations. Kubota will not transmit data to unauthorized third parties or outside the EU.
ARTICLE 6 – DISCLAIMER
6.1 No responsibility will be accepted by Kubota for any claims and supporting information and documentation lost, delayed or not received by the closing date referred to in clause 2.1.
6.2 Claims will not be valid if they are incomplete or illegible. It is the Participant’s responsibility to ensure that all required details, documentation and information are provided for any claim to be processed.
6.3 Kubota will not be liable for any costs incurred by the Participant relating to any bank transfers or other charges that may be incurred in respect of the receipt of a cashback payment.
6.4 Kubota will not be liable for any delayed claims of any nature with regard to this promotion or for any damages resulting from loss of data or use, corruption of data, loss of profits or business or any indirect or consequential loss or damage. However, nothing in these terms and conditions shall have the effect of excluding or restricting Kubota’s liability in respect of death or personal injury or any other liability for which exclusion or restriction is prohibited by law
6.5 Kubota will not be liable for any failure to fulfil the cashback promotion detailed in these terms and conditions where such failure is caused by any supervening circumstances amounting to force majeure (meaning: any reason or circumstance beyond Kubota’s reasonable control) and/or events which, without the fault of either party, render performance impossible or incapable of satisfactory execution.
6.6 Kubota reserves the right to withdraw the cashback promotion detailed in these terms and conditions at any time and/or to unilaterally change the terms and conditions without incurring any liability. However, such decision would have no effect on eligible claims received prior to any such withdrawal or change.
ARTICLE 7 – JURISDICTION
7.1 These terms and conditions are governed by the laws of England and Wales and come under the exclusive jurisdiction of the courts of England and Wales.