Thermo King dealer 2014 iPad mini competition terms and conditions



1. The Thermo King dealer 2014 iPad mini competition (the "Competition") is open to Thermo King approved dealers in France, Germany, Italy and the United Kingdom who have also been approved by the various GE Capital affiliates based in those countries, and who have adhered to the Thermo King financing program on the basis of the Strategic alliance agreement between GE Capital Solutions Europe Limited and Ingersoll Rand International Limited, signed on 19 December 2013 (“Thermo King Program”).
The Competition is organized by GE Capital EMEA Services Limited (“GE Capital”), registered address: The Ark, 201 Talgarth Road, London, W68BJ, Registered in England and Wales No 00244759, for the benefit of GE Capital Servizi Finanziari S.p.A. (C.C.I.A.A. no. 00596300046 – Italy), GE Capital Equipement Finance (reg no. 352 862 346 – France), GE Capital Leasing GmbH (HRB 11506 – Germany) and GE Capital Equipment Finance Ltd (reg no. 1102466 – United Kingdom) (“GE Capital Affiliate(s)”).

2. By participating in the Competition you agree on your own behalf and on behalf of the Thermo King approved dealer on whose behalf you act (hereafter “You”), that You shall abide by these Terms and Conditions.

3. To validly participate in the Competition, You must have submitted a deal with a Funded Amount* of minimum €50,000 (or equivalent in other currencies) and with a deal term of minimum 60 months to a GE Capital Affiliate under the Thermo King Program and such deal must have become a Funded Deal** by no later than 11.59pm on 31 May 2014. Each deal satisfying the above conditions shall be a “Qualifying Deal” for the purposes of these Terms and Conditions, and by submitting a Qualifying Deal You automatically participate in the competition. The Competition shall close at midnight on 31 May 2014. The Competition does not change the discretionary right of GE Capital and each GE Capital Affiliate to reject any proposed deal.

* Funded Amount means the amount to be invoiced by You for the equipment (including soft cost and inclusive of any value added tax).
**Funded Deal means a deal whereby (i) the relevant GE Capital Affiliate has paid the invoice to You for the deal equipment and in an amount equal to the Funded Amount, (ii) the required deal documentation between the relevant GE Capital Affiliate and the end customer and between the relevant GE Capital Affiliate and You has been entered into and is in full force and effect; and (iii) all financing conditions (including the unconditional acceptance of the equipment by the end customer) have been fulfilled.


4. All Qualifying Deals will be booked into the relevant GE Capital Affiliate operating system, which will be the data source for assessing the Qualifying Deals. Any determination by GE as to whether or not a deal is a Qualifying Deal shall, in the absence of manifest error, be final and binding on You.

5. Every Qualifying Deal will result in an entry into the prize draw; therefore You can be entered into the draw more than once. One prize winner will be chosen from a random draw of Qualifying Deals. The draw will be performed by a GE Capital employee in the presence of a senior member of the compliance department. The draw will take place between 1-16 June 2014.

6. The prize winner will receive a 128GB Wi-Fi only iPad Mini. If You are the winning dealership (the "Winner"), it is your decision to which individual within your organization You shall allocate the prize. Neither GE Capital nor any GE Capital Affiliate accepts any responsibility for any costs associated with the prize and not specifically included in the prize. You are responsible for all required contributions, taxes and other fees or charges required by law related to incentives, prizes or competitions of this nature.

7. The Winner will be notified by phone or email on or after Monday 16 June 2014 and given details of how to claim the prize. If the Winner does not respond to GE Capital within 14 days of being notified by GE Capital, then the prize will be forfeited and GE Capital shall be entitled to select another winning dealership (and that winning dealership will have to respond to the phone call or email from GE Capital within 14 days or else it will also forfeit its prize). If any winning dealership rejects the prize, then the prize will be forfeited and GE Capital shall be entitled to select another winning dealership.

8. Details of the winner will be published on www.gecapital.eu website on Monday 16 June 2014 or (at GE Capital's sole discretion) at a later date.

9. The prize is non-exchangeable, non-transferable, and is not redeemable for cash or other prizes. GE Capital does not give any warranty, and cannot be held liable for any possible defects in relation to the prize.

10. GE Capital retains the right to substitute the prize with another prize of similar value in the event the original prize offered is not available.

11. Neither GE Capital nor any GE Capital Affiliate accepts any responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by You or any of your employees as a result of entering the Competition, accepting the prize or otherwise in relation to the deal closure process. However, nothing in these Terms and Conditions shall exclude the liability of GE Capital or any GE Capital Affiliate for death, personal injury, fraud or fraudulent misrepresentation as a result of its negligence.

12. GE Capital reserves the right at any time to modify or discontinue, temporarily or permanently, this Competition with or without prior notice due to reasons outside its control (including, without limitation, in the case of anticipated, suspected or actual fraud). The decision of GE Capital in all matters under its control is final and binding and no correspondence will be entered into.

13. GE Capital shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure.

14. By participating in the Competition You understand and acknowledge that your contact details including your name and email address will be processed by GE Capital, its affiliates, business partners and service providers globally (“the Company”) in accordance with the privacy and security policies, procedures and standards (including GE’s Commitment to the Protection of Personal Information) maintained by the Company. You hereby grant GE Capital and each GE Capital Affiliate the right to use your submission for the following purposes: (i) to identify You publicly as a winner; (ii) for the purposes of operating the Competition as described in these Terms and Conditions and/or to confirm compliance with the entry requirements; and (iii) for any other promotional needs, including but not limited to posting on or in GE Capital, any GE Capital Affiliate and/or GE corporate intranets, websites and newsletters, all subject to local law. You also consent to the use of your dealership name (without additional compensation) for communications or publicity purposes by GE Capital and any GE Capital Affiliate.

15. By participating in this Competition, You acknowledge that your participation in the Competition is entirely voluntary, and that no confidential relationship is intended or created between You and GE Capital or any GE Capital Affiliate by your participation. You agree that all information provided as part of your participation in the Competition is true and accurate.

16. The Competition will be governed by and interpreted in accordance with the laws of England and the courts of London will have exclusive jurisdiction.

If you have any questions in connection with the Competition, please email us at jesus.blasco@ge.com with "Thermo King dealer 2014 iPad mini competition" in the subject line.

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