FULL TERMS AND CONDITIONS
1. Qualifying Persons
1.1 Givaway ltd (‘Givaway’, 'Promoter', 'our(s)') operate competitions –Prize competitions resulting in the allocation of prizes in accordance with these Terms and Conditions at retail locations and events and on the website www.givaway.co.uk (the 'Website') - (the 'Competition(s)').
(i) ‘Competition Client’ (Competition client(s)) is any person(s) or Company working with the Promoter to host a ‘Givaway’ Competition.
1.2 The Competitions are open to all persons aged 16 and over and the age of majority in their country of residence excluding the Promoter's employees or members of their immediate family, agents or any other person who is connected with the creation or administration of our Competitions.
2. Legal Undertaking
2.1 By entering a Competition the entrant ('Entrant', 'you', 'your(s)') will be deemed to have legal capacity to do so, you will have read and understood these Terms and Conditions and you will be bound by them and by any other requirements set out in any related promotional material.
2.2 These Competitions are governed by English Law and any matters relating to the Competition will be resolved under English Law and the Courts of England shall have exclusive jurisdiction.
2.3 In the event that you participate in a Competition online via the Website, and by accepting these Terms and Conditions you confirm that you are not breaching any laws in your country of residence regarding the legality of entering our Competitions. The Promoter will not be held responsible for any Entrant entering any of our Competitions unlawfully. If in any doubt you should immediately leave the Website and check with the relevant authorities in your country.
3. Competition Entry
3.1 These Competitions may be entered at our physical sites (locations are detailed on the Website) ('Physical Locations') and online via the Website. One or more Competitions may be operated at the same time and each Competition will have specific prize options.
3.2 Availability and pricing of Competitions and tickets is at the discretion of the Promoter and will be specified at the point of sale in our Physical Locations and on the Website. Pricing will not be applied retrospectively to orders already completed.
3.3 You will be asked to provide your name and an email address to enter any competition(s) online.
3.4 You will be asked to provide your name and an email address to enter any competition(s) at physical locations.
(i) To enter a Competition at the Physical Locations, you will need to:
(a) Select the Competition you wish to enter, purchase your Competition entr(y)(ies) ('Ticket(s)') through a member of staff at a stand operated by the Promoter and complete an electronic entry form to provide the operator on the stand with your contact details. You will be emailed a receipt with your order details via email. You will need to check your details carefully and confirm to the Promoter's representative that you have read and understood the declaration and the Competition Terms and Conditions.
3.5 Once your payment has cleared we will email you to confirm your entry into the Competition. Please note that when entering online you will not be deemed entered into the Competition until we confirm your Ticket(s) order back to you by email.
('Website Entries' together with 'Physical Location Entries', referred to as 'Entr(y)(ies)')
3.6 The Promoter reserves the right to refuse or disqualify any incomplete Entries if it has reasonable grounds for believing that an Entrant has contravened any of these Terms and Conditions.
3.7 To the extent permitted by applicable law, all Entries become our property and will not be returned.
3.8 Entries (tickets) are limited to one thousand (1000) per person, per Competition. Abuse of this limit will not be tolerated and if the Promoter has reasonable grounds to believe that an individual is exceeding this limit, for example by entering a Competition using multiple accounts, it reserves the right at its sole discretion to void any orders, won or to award any prize to the next chosen entrant. In addition, if any person using a single account exceeds 1000 entries in a single Competition for any reason, the Promoter reserves the right at its sole discretion, to void any tickets without notice firstly on a chronological basis with respect to orders, and then on a sequential basis with respect to ticket references contained within an order, so as to void any tickets exceeding the first 1000 paid tickets entered into the Competition.
4. Promotion Periods
4.1 Some Competition(s) will run for a specified period. Please see each Competition for details of start and end times and dates ('Promotion Period(s)').
4.2 Some Competition(s) will run until it has exceeded the reserved number of entries set by the Promoter.
5. Competition Winners
5.1 The chosen entrant is referred to as 'Winner(s)'.
5.2 The Promoter will attempt to contact Winner(s) using the telephone numbers and email address provided at the time of Entry (or as subsequently updated) and held securely in our database. It is the Entrant's sole responsibility to check and update these details. If for any reason they are taken down incorrectly, the Promoter will not be held responsible. Entrants must carefully check their contact details have been recorded correctly.
5.3 If for any reason the Promoter is unable to contact a Winner within 5 days (which may be extended at the sole discretion of the Promoter) of the end of a Competition or the Winner fails to confirm acceptance of the prize or the Winner is disqualified as a result of contravening any of these Terms and Conditions, the Winner will forfeit the prize and it will be awarded to another random Entrant For the avoidance of doubt once the prize has been forfeited the original Winner, will have no further claims against the Promoter.
5.4 The Promoter reserves the right at its sole discretion to extend the closing date of any competition, if for any reason any aspect of the competition is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Competition. The Promoter may in its sole discretion cancel, terminate, modify or suspend a Competition, or invalidate any affected entries. In the event that the Promoter closes a Competition early, the Winner may be selected from all valid and eligible Entries received by the Promoter prior to the date of closure, except that the Promoter reserves the right, at its sole discretion, to close a Competition early without selecting a Winner. In the event that a Competition is closed without selecting a Winner, the Promoter will give all entrants the chance to enable them to replay equivalent tickets in a subsequent competition.
5.5 All Entrants are automatically entered onto the Promoter's database for the purpose of conveying information as to the status of their Competition
(i) As well as any future Promotions or Competitions offered by the Promoter.
(ii) As well as conveying information to any individual(s) involved with the Promoter for the purpose of contacting the Entrant
6. Winner's Details
6.1 The Winners will be required to send a copy of their passport to the Promoter to confirm their identity, age and also to prove that if the purchase was made by credit card that the card was legally theirs or that they had authorisation to use it, before any prize will be paid or delivered. Any failure to meet these obligations may result in the Winner being disqualified and the Promoter choosing an alternate winner.
6.2 All Winners will also be required to provide photographs and/or pose for photographs and videos, which may be used in future marketing and public relations by the Promoter in connection with the Competition and in identifying them as a winner of a Competition.
6.3 Following receipt and verification of the details requested above by the Promoter, the Winners will be contacted in order to make arrangements for delivery of the prize. At this point the Winners must choose between the prizes available (as detailed in the Competition prize information on the Website) and notify the Promoter of their choice in writing.
7. Competition Prizes
7.1 All Competition prizes are randomly chosen by the Promoter.
(i) The Promoter reserves the right to decline and not participate or promote prizes that is deemed to be dangerous or unacceptable.
7.2 The Prize(s) can be delivered to the Winner. All relevant cost(s) for delivery will be the responsibility of the Competition host. In all other countries the First Prize will be shipped (net of all taxes) and any applicable import duties, registration costs, or any further taxes or duties of any nature due in the destination country will be the responsibility of the First Prize Winner. The Promoter reserves the right not to deliver to certain countries. The Promoter cannot guarantee that all prizes won, if exported, will conform to local standards in the destination country. It is the First Prize Winner's responsibility to check this before entering any competition(s).
7.3 All other expenses not expressly specified herein are the sole responsibility of the Winners.
7.4 All Prizes are subject to the Terms and Conditions of the prize provider, manufacturer or supplier.
7.5 Each First Prize must be accepted as awarded and is non-transferable or convertible to other substitutes and cannot be used in conjunction with any other vouchers, offers or discounts, including without limitation any vouchers or offers of the Promoter or other prize suppliers.
8. Winners' Personal Data
8.1 Acceptance of the prize by the Winner will mean they are required to have their photo and video taken by the Promoter for promotional purposes (Public Relations and Marketing), both immediately after their win and in the future for use in accordance with rule 6.2, unless prohibited by law.
8.2 By entering a Competition, you agree to the use of your name, address, and/or photograph or other likeness, as well as your appearance at publicity events without any additional compensation (save for reasonable travel expenses) and as required by the Promoter if you are declared a Winner.
8.3 You agree to the use of your name, email and relevant contact details for future promotions i.e discounts of the Prize by the Promoter available to purchase after the competition.
9. Limits of Liability
9.1 The Promoter makes no representations or warranties as to the quality/suitability of any of the goods or services offered as prizes. The Promoter shall not be liable for any loss suffered or sustained to person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods by any person to the prize Winner(s) and, where applicable, to any family/persons accompanying the Winner(s), or in connection with any of the Competitions promoted by the Promoter.
10. Electronic Communications
10.1 No responsibility will be accepted for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes.
The Promoter shall use its best endeavours to award the prize for a Competition to the correct Entrant. If due to reasons of hardware, software or other computer related failure, or due to human error the prize is awarded incorrectly, the Promoter reserves the right to reclaim the Competition prize and award it to the correct Entrant, at its sole discretion and without admission of liability.
10.2 The Promoter reserves the right at its sole discretion to extend the closing date of any competition, if for any reason any aspect of the competition is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Competition. The Promoter may in its sole discretion cancel, terminate, modify or suspend a Competition, or invalidate any affected entries. In the event that the Promoter closes a Competition early, the Winner may be selected from all valid and eligible Entries received by the Promoter prior to the date of closure, except that the Promoter reserves the right, at its sole discretion, to close a Competition early without selecting a Winner. In the event that a Competition is closed without selecting a Winner, the Promoter will give all entrants the chance to enable them to replay equivalent tickets in a subsequent competition.
10.3 The Promoter shall not be liable for any economic or other consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due. The Promoter shall use its best endeavours to ensure that the software and website(s) used to operate its Competitions perform correctly and accurately across the latest versions of popular internet, tablet and mobile browsers.
12. Data Protection Notice
12.1 Any personal data that you supply to the Promoter or authorise the Promoter to obtain from a third party, for example, a credit card company, will be used by the Promoter to administer the Competition and fulfil prizes where applicable.
In order to process, record and use your personal data the Promoter may disclose it to (i) any credit card company whose name you give; (ii) any person to whom the Promoter proposes to transfer any of the Promoter's rights and/or responsibilities under any agreement the Promoter may have with you; (iii) any person to whom the Promoter proposes to transfer its business or any part of it; (iv) comply with any legal or regulatory requirement of the Promoter in any country; and (v) prevent, detect or prosecute fraud and other crime. In order to process, use, record and disclose your personal data the Promoter may need to transfer such information outside the United Kingdom, in which event the Promoter is responsible for ensuring that your personal data continues to be adequately protected during the course of such transfer.
13. Competition Client
13.1 The Competition Client hosting their own competition(s) with the Promoter will be required to provide the Promoter with
(i) Any information regarding the Prize item for the purpose of (but not limited to) promotional use.
(ii) Their contact details.
(iii) Their bank account details prior to the start of the competition, which the Promoter may deposit to the given bank account only.
13.2 The Competition Client is liable to adhere to assure the promoted prize is delivered to the winner at the required time advised by the Promoter.
13.3 The Competition Client agrees a target fund to be generated from the competition prior to the start of the competition.
13.4 Once the target fund is met the competition will continue to run until and additional 10% of the full target fund is achieved. The additional 10% serves as commission to the Promoter only.
13.5 The Promoter provides the agreed target fund generated from competition after the target fund is met, the additional 10% is raised and subsequently is deducted and the competition therefore will come to an end. If for unforeseen circumstances such as bank holidays, there is a delay in depositing payment to competition client, the client must accept fair and reasonable time to receive full payment.
14.1 Givaway Ltd, Brindley House, 101 Newhall St, B3 1LL, UK.
Tel: +7710012112 email: email@example.com Web: www.givaway.co.uk. A list of winners first name only will be available for (1) month after the end of each Competition by sending an email to the Promoter.
T&C Version 01.12.2019 v1