www.a9competitions.co.uk
A9 Competitions Ltd – RAFFLE TERMS AND CONDITIONS (“the T&Cs”)
THE PROMOTER AND THE T&CS
1. The promoter of all the raffles on our website (“our Website”): www.a9competitions.co.uk is A9 Competitions Ltd of The Shop, Borgue, Berriedale, Caithness, Scotland, KW7 6HA
(Co. No. SC729793, “A9 Competitions Ltd, we, our, us”). Our email address is info@a9competitions.co.uk (“our Email Address”). The address of the Raffle Manager for the purposes of paragraph 4 of Schedule 1 is The Shop, Borgue, Berriedale, Caithness, Scotland, KW7 6HA.
2. The T&Cs shall apply to all the raffles advertised on our Website. By submitting a raffle entry, you agree to be bound by the T&Cs. We may make changes to the T&Cs from time to time, so please check them every time you wish to use our Website, to ensure you understand the T&Cs that apply at that time.
THE RAFFLE
3. We run various raffles on our Website from time to time. The details of each raffle (“the Raffle”) are as described on the relevant Raffle page of our Website, which may also state the maximum number of entries we will accept before we close the Raffle.
HOW TO ENTER
4. The Raffle shall remain open until the date and time (“the Closing Date”) stated on the relevant Raffle page.
5. All Raffle entries must be received by us by no later than the Closing Date. All Raffle entries received after the Closing Date will be automatically disqualified.
6. Each Raffle entry is represented by unique number (“Entry Number”) for which (unless the free postal entry route is used) a payment is made as indicated on our Website. To obtain an Entry Number, there are two available routes:-
6.1 PAID ONLINE RAFFLE ENTRY: enter the Raffle online by paying the stated cost per entry and submitting your entry or entries via the relevant Raffle page.
NOTE: you will open an online account, registering your details without charge, as part of the process;
OR
6.2 FREE POSTAL RAFFLE ENTRY: enter the Raffle for free by opening an account and registering your details online without charge, and then complying with our postal entry requirements set out in Schedule 1 below; and in either event, please ensure you have read the T&Cs before entering, as entering the Raffle creates a legally-binding contract between us to which the T&Cs apply.
7. Each Raffle entry (via either the paid route or the free postal entry route) will be chosen by an online entrant or allocated (if an online entrants opts for a random number or in the case of a postal entrant) its own Entry Number. The winner will selected from amongst all the allocated Entry Numbers at random by a number generator provided by either the Google random number generator
(https://g.co/kgs/xAiuk8W) or www.random.org or similar. Such selection of the Raffle winner will be carried out live on our Facebook (or other social media) page, within seven days after the Closing Date.
8. Raffle entries made via the paid online route are non-refundable, unless we cancel the relevant Raffle.
9. We may by notice on our Website:-
9.1 cancel any of the Raffles on our Website, in the event of an instance of force majeure, as defined in Schedule 2, but then we will ensure that refunds of all entry fees are made; or
9.2 extend the Closing Date of any of the Raffles on our Website, if we reasonably think that circumstances require this, as stated on our Website.
ELIGIBILITY
10.Our Raffles are open to residents of the United Kingdom, the Channel Isles, the Isle of Man and the Republic of Ireland only, aged 18 years or over only, except in the cases of:-
10.1 our employees, or employees of our holding or subsidiary companies;
10.2 employees of our agents or suppliers or their holding or subsidiary companies, who are professionally connected with the Raffle or its administration; or
10.3 members of the immediate families or households of any of the above.
11.By entering the Raffle, you confirm that you are eligible to enter and to claim any prize you may win. For this purpose, we may require you to provide proof that you are eligible to enter the Raffle or to claim your prize. You accept full responsibility for any entry into a Raffle outside of these eligibility requirements and for ensuring that you do not contravene any applicable law. We do not accept any responsibility for any unlawful Raffle entries. No refund shall be made in respect of any entry found to be ineligible.
12.We will not accept any entries that we reasonably believe:-
12.1 were automatically generated by computer;
12.2 were completed by third parties;
12.3 were bulk entries;
12.4 are illegible, have been altered, reconstructed, forged or tampered with;
12.5 were received after the Closing Date;
12.6 cannot be matched to a registered entrant; or
12.7 to be incomplete.
13.We accept no responsibility for prospective entrants being unable to connect to our Website to participate in any Raffle, due to any technical or other problem, or connected with your email or web connection. Further, proof of transmission does not amount to proof of receipt.
14.The relevant Raffle page will set out the maximum number of entries per person for the Raffle. Entries on behalf of another person will not be accepted and joint submissions are not allowed.
15.We reserve the right to disqualify you if your conduct is contrary to the spirit or intention of the Raffle.
16.Payments for Raffle entries, and moneys held in an entrant’s digital wallet, are
non-returnable.
THE PRIZE
17.Details relating to the Entry Number winning the prize (“the Prize”) will be as described on the relevant Raffle page on our Website.
18.The cash value of the Prize will be displayed on each Raffle page of our Website.
19.The Prize is neither negotiable nor transferable.
20.We reserve the right (as regards the stated cash value of the Prize, which may be taken in lieu of the Prize) to substitute for the Prize an alternative cash prize (“the Cash Prize”) at least equal to the cash value of the Prize, taking into account any original discounts on price, in the following circumstances:-
21.1 the Prize, or a reasonable alternative to it, becomes unavailable; or
21.2 those beyond our reasonable control which make it necessary for us to do so.
WINNERS
22.Our decision is final and no correspondence or discussion concerning it will be entered into.
23.After the Closing Date:-
23.1 we will not amend any contact information once registered by us; and
23.2 we will contact the winner personally as soon as practicable, using the email address provided by you upon registration or by telephone, at our discretion.
24.We will either publish or make available information that indicates that a valid award took place by publishing the surname and county of winner of the Prize and, if applicable, their winning Entry Number, on our Website within 48 hours after the Closing Date.
CLAIMING THE PRIZE
25.We are allowed 14 days for delivery of the Prize.
26.Delivery of the Prize will either be in person, or via a courier or delivery service (as determined by us). The cost of delivery is borne by us unless stated otherwise on the relevant Raffle page. A delivery charge may be charged for bespoke delivery requirements of the winner or for re-deliveries.
27.We will make all reasonable efforts to contact the winner. If the winner cannot be contacted or is not available or has not claimed their Prize within 14 days after the Closing Date, we reserve the right to offer the Prize to the next eligible entrant selected from the Entry Numbers allocated before the Closing Date, using the same method as previously.
28.We do not accept any responsibility if you are not able to take up the Prize.
29.If the Prize is a motor vehicle, we will transfer title to the vehicle using DVLA Form V5C, completed before the vehicle is handed over, and it will be the responsibility of the winner to tax and insure the vehicle. We shall have no responsibility for the vehicle once it has been delivered.
LIMITATION OF LIABILITY
30.Insofar as is permitted by law, we, our 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 us, our agents or distributors or that of our or their employees. Subject to that, your statutory rights are not affected.
OWNERSHIP OF RAFFLE ENTRIES AND INTELLECTUAL PROPERTY RIGHTS
31.All Raffle entries and any accompanying material submitted to us will become our property on receipt and will not be returned.
32.By submitting your Raffle entry and any accompanying material, you are deemed thereby to:-
33.1 assign to us all your intellectual property rights with full title guarantee; and
33.2 waive all moral rights in and to your Raffle entry, and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
DATA PROTECTION AND PUBLICITY
33.We will process your personal information in accordance with our Privacy and Cookie Policy. See also under “Winners”.
34.If the relevant Raffle offers a prize in partnership with a third party, then you are deemed to consent to your email address being shared with that party. If you wish to unsubscribe from the third party’s email list then you may do so at any time by clicking on the unsubscribe button at the foot of their email.
35.By registering with us your details, you agree that we may send you future promotional materials by email from time to time, such as our newsletter and details of special offers that may be of interest. You may unsubscribe from this at any time in accordance with our Privacy & Cookie Policy.
GENERAL
36.If there is any reason to believe that you are or have been a breach of these Terms and Conditions, we may, at our sole discretion, reserve the right to exclude you from participating in any future raffle.
37.Events (including but not limited to events of force majeure) may occur that render the awarding of the Prize impossible due to reasons beyond our reasonable control and accordingly we may at our absolute discretion vary, suspend, cancel or amend the Raffle and the entrant is deemed to that we shall have no liability in such circumstances.
38.The Raffle draw will be live-streamed, so that the public may follow it via Facebook Live or other social media channels as our Website will mention.
39.There will be no minimum required ticket sales. The Raffle prize listed will be won regardless of ticket sales.
40.No third party sponsors our raffles and only you, and (for the purposes of the Contracts (Rights of Third Parties) Act 1999 and otherwise) no other party, may claim that the terms of the contract between us confers a benefit, either expressly or as a matter of contractual construction, on any other party.
41.All non-compliant entries will be deemed void.
42.The Website terms and conditions set out in Schedule 3 shall also apply Provided That, where the content of Schedule 3 conflicts with the T&Cs, the T&Cs shall prevail.
43.English law shall apply to the T&Cs and the English courts shall have exclusive jurisdiction in relation to any dispute over them.
SCHEDULE 1
POSTAL ENTRY REQUIREMENTS
To enter a Raffle by post:-
1. first register online, as stated at paragraph 6.2 of the T&Cs;
2. send an unenclosed postcard per entry via pre-paid post to us, stating:-
2.1 the name of the Raffle in which you wish to participate. NOTE: one entry per postcard – multiple entries are restricted as mentioned on our Website – if we believe one person is attempting to enter using multiple names and addresses, all associated entries will be voided (as with the paid entry route).
2.2 your:-
(a) full name;
(b) date of birth – NOTE: you have to be aged 18 or over on the date on which
you post your postcard;
(c) postal address;
(d) email address; and
(e) telephone number.
3. All details must be either typed or clearly written – NOTE: your entry will be deemed invalid if the writing on your postcard is not legible.
4. Address the postcard to the Raffle Manager.
5. All postal entries must be received before the Closing Date.
6. Entrants MUST have registered on our Website by the time each postal entry is received by us and all details on postcards MUST match the name and address on the account to which they are to be linked. In the event that we are unable to identify the registered account-holder and match it to a postcard entry, that postcard will be rejected.
7. You will receive an email confirming receipt of your postal entry and to let you know that you have been entered into the Raffle together with your Entry Number. All postal entries are treated in the same way as entries using the paid route, and you will have an equal chance of winning the Raffle as those who enter online.
8. We will not accept:-
(a) responsibility for postcard entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, or systems, satellite, network, server, computer hardware or software failure of any kind; or
(b) proof of posting or transmission as proof of receipt of entry into the Raffle.
9. All Raffles will have sufficient tickets reserved for at least four working days commencing on the date on which the Raffle goes live (as mentioned on our Website), in order to provide time for postal entries to reach us.
SCHEDULE 2
FORCE MAJEURE EVENTS
Force majeure event means any circumstance not within our reasonable control including any:-
1. acts of God, flood, drought, earthquake or other natural disaster;
2. epidemic or pandemic;
3. terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
4. nuclear, chemical or biological contamination or sonic boom;
5. law or action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition;
6. collapse of buildings, fire, explosion or accident;
7. interruption or failure of utility service.
SCHEDULE 3
WEBSITE TERMS AND CONDITIONS (“THE TERMS”)
1. All defined terms contained in the T&Cs (as defined in the Raffle Terms and Conditions above) apply to this Schedule 3.
2. By using our Website, and entering our competitions, you are deemed to confirm that you accept the Terms and that you agree to comply with them. If you do not agree to the Terms, you must not use our Website.
3. Our Website is owned and operated as set out at paragraph 1 of the T&Cs.
4. If you need to contact us, please email us at our Email Address, but you may not email us to enter the Raffle, as you can do so only through our Website or in accordance with Schedule 1 above.
5. We recommend that you print a copy of the Terms for future reference.
6. We may make changes to the Terms from time to time, so please check the Terms every time you wish to use our Website, to ensure you understand the Terms that apply at that time.
7. We may suspend or withdraw our Website.
8. Our Website is made available free of charge.
9. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted.
10.We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons, although we will endeavour to provide you with reasonable notice of any projected suspension or withdrawal where possible.
11.You are responsible for ensuring that all persons who access our Website through your Internet connection are aware of the Terms and any other applicable terms and conditions, and that they comply with them.
12.Our Website is for users residing in the United Kingdom, the Channel Isles, the Isle of Man and the Republic of Ireland only. We do not represent that content available on or through our Website is appropriate or available for use in other locations.
13.You must keep your account details safe.
14.If you choose, or you are provided with, an Entry Number or other user identification code, password or any other piece of information as part of our security procedures or otherwise, you must treat such information as confidential and not disclose it to any third party.
15.If you know or suspect that anyone other than you knows your an Entry Number or other user identification code, password or any other piece of information as part of our security procedures or otherwise, you must promptly notify us at our Email Address.
16.The competitions advertised on our Website are subject to the additional terms and conditions that are stated before this and the preceding schedules. You will need to ensure you have read, understood and agreed such terms before entering any of our competitions.
17.We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
18.You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
19.You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
20.Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
21.You must not use any part of the content on our Website for commercial purposes without first obtaining from us or our licensors a written licence to do so.
22.If you print off, copy or download any part of our Website in breach of the Terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
23.The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on our Website.
24.Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
25.We are not responsible for the content of any websites to which we provide a link. Accordingly, where our Website contains links to other websites and resources provided by third parties, those links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
26.We have no control over the contents of those sites or resources.
27.We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
28.Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
29.We will only use your personal information as set out in our Privacy and Cookie Policy.
30.You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
31.We do not guarantee that our Website will be secure or free from bugs, viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful and you must not misuse our Website by knowingly introducing any such material. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
32.You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
33.You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
34.Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page nor establish a link to our Website in any other website.
35.We reserve the right to withdraw linking permission without notice.
36.If you wish to link to or make any use of content on our Website other than that set out above, please email us at our Email Address.
37.We accept only Visa and Mastercard.
38.Wherever any of the contents of this Schedule 3 may conflict with the T&Cs, then the T&Cs shall prevail.
