WEBSITE USER TERMS AND CONDITIONS
- Welcome to the XXX Competitions website. If you continue to browse or use this website, you are agreeing to comply with and be bound by the following terms and conditions of use (“Terms”) which govern our relationship with you in relation to this website. If you disagree with any part of these Terms, please do not use our website.
- The term “we” or “XXX Competitions” means XXX Competitions Ltd, the owner and operator of the website found at xxxcompetitions.com and any other affiliates websites (the “Website”), whose registered office is 37 Brentford Road Low Moor, Bradford, England, BD12 0AG and whose company registration number is 12860781 (“us” and “our” will be construed accordingly).
- The term “you” refers to the user or viewer of our Website (and “your” will be construed accordingly).
- In these Terms the following words and phrases shall have the following meanings:
“Competition” means a prize draw competition as advertised on the Website to win a competition prize;
“Employee” shall include employees, freelancers and contractors;
“Entrant” means any person who enters a Competition;
“Family Member” means a spouse, partner, close blood relation or spouse of a close blood relation;
“Prize” means the product that is won by the entrant as a result of winning a Competition as described on the Website;
“Question of Skill” means the question of skill or other condition or requirement which must be satisfied by an Entrant before being entered into a Competition.
How we pick our winners
- Once an Entrant has provided their contact details, paid the entry fee for a Competition and correctly answered the Question of Skill, they will be sent an email to confirm their entry into the prize draw. If an Entrant enters via the free entry option, they will be treated the same as a paying entrant.
The draw date and time will be announced 24 hours before the live draw. All Entrants will choose their own number before paying their entry fee. The draw will be cast using Facebook live and a member of the team will use the Google random number generator to select the winning number.
Use of this Website
- You must be over 18 years of age to enter into a free draw or to make use of any services provided by our Website.
- Unless otherwise stated, XXX Competitions Limited owns the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.
- You may view Website pages, download Website pages and print Website pages, subject to the restrictions set out below and elsewhere in these Terms.
- You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of malicious computer software.
- You must not use our Website to transmit or send unsolicited commercial communications.
- You must not use our Website for any purposes related to sales or marketing of our content or materials without our express written consent.
- Access to certain areas of this Website is restricted. We reserve the right to restrict access to areas of this Website, or indeed this entire Website, at our sole discretion.
- If we provide you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.
- We may disable your user ID and password at our sole discretion without prior notice, if we believe you are making improper use of the Website.
- We may add to, amend or vary these Competition rules from time to time, at our discretion.
- In order to make a valid entry into the Competition you must be over 18 years of age, and enter as an individual using your legal name. You may only enter the Competition if you are a resident of the United Kingdom and have a United Kingdom address. The maximum number of entries will be displayed xxxcompetitions.com for each competition and the only time you can exceed the maximum number of entries is if you win one of our mini ticket draws.
- Each Competition will run for the period stated on the Website, which may be subject to change. Any changes will be notified to you on the Website.
- You may not enter a Competition if you are an employee of XXX Competition or any Competition sponsor or Prize giver or if you are directly or indirectly connected with the Competition.
- Entrants will be required to answer one or more Questions of Skill correctly in order to be entered into the prize draw to win the Prize.
- Entrants will be required to provide their first name, last name, email address and contact telephone number.
- All Entrants who have answered the Question(s) of Skill correctly will be entered into a draw which will be randomly selected by independent means.
- The winner of each Competition will be announced within 7 days after the close of the Competition. The winner will be notified by email and the name of the winner will be publicised on the Website and on the XXX Competitions Facebook page.
- The winner will have 28 days to claim their prize and provide suitable identification that confirms their name, age and address. If the winner does not correctly claim their Prize within the time-frame, they will forfeit the Prize and another winner shall be chosen.
- The winner will need to make their own arrangements to collect the prize vehicle. We are not responsible for the delivery of any prize vehicles to its winner.
- You agree to participate, at our request, in publicity (including interviews) and you agree that we own all Intellectual Property Rights in, and may use at our absolute discretion, such publicity/interviews. We may refer to your association with the Competition and/or the Prize in all publicity, marketing and materials.
- All Prizes are non-returnable and non-exchangeable. Prizes cannot be exchanged for cash or other alternatives except by us in accordance with these Terms.
- We may publish winners’ names (but not their addresses) along with a photograph of the winner on the Website and XXX Competitions Facebook page.
- We reserve the right (without accepting any liability or giving you any compensation) to disqualify you from a Competition and/or withhold or withdraw a Prize (or seek compensation from you therefor) if (in our opinion, which shall be final):
(a) you are in breach of the Terms or any of your obligations, representations and/or warranties under this Agreement; or
(b) you have committed or undertaken any fraud, dishonesty, deceit, misconduct or similar action including providing any false or incorrect information.
- In the event of your disqualification from the Competition/Prize, we reserve the right to select another Entrant to take part in the Competition/receive the Prize and you may be required to pay any costs incurred.
- We shall be entitled, in our reasonable discretion, to cancel, postpone and/or recommence a Competition with immediate effect by online announcement without any liability to you and if a competition is cancelled you will be issued a full refund.
- We may cancel a Competition if we believe we have good reason to do so, including if:
(a) a publishing, production, distribution or printing error of any kind occurs (whether online or otherwise); or
(b) there have been any errors in the preparation for, or the conduct of, the Competition materially affecting the result of the Competition, the Prize claims or the value of the Prize claims.
- In the unlikely event that an insufficient number of Entrants apply for a Competition within such time as may be determined by XXX Competitions, we may choose to cancel the competition and offer a full refund to each entrant.
Copyright and Licence
- This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, look, appearance and graphics and all of the material available whether for free or for purchase through the Website.
- All material contained in this Website is and shall remain at all times the copyright of XXX Competitions Limited.
- You must retain, and must not delete or remove all copyright notices and other proprietary notices placed by us on any material.
- The Website may in the future provide comment or discussion forums which allow the submission of text, images, videos or other content by you and other users (“User Content“) and the hosting and publishing of such User Content. You understand that whether or not such User Content are published, we do not guarantee any confidentiality with respect to any User Content.
- You shall be solely responsible for your own User Content and the consequences of posting or publishing them.
- You represent and warrant that:
(a) you own or have the necessary rights and permissions to use and authorize us to use all copyright, trademark or other proprietary rights in and to any User Content to enable inclusion and use on the Website and in accordance with these Terms; and
(b) whilst, you retain all of your ownership rights in your User Content, by submitting the User Content to us, you hereby grant us, in addition to any other rights which we may have, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of, display and broadcast the User Content in connection with the Website and our business, including without limitation to grant access to the Website to third parties to view the User Content (and derivative works thereof); and
(c) you will not: (i) submit material that is false or misleading copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Content and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us, our business or any third party; (iii) submit material that is unlawful, obscene, libelous, threatening, pornographic, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or (iv) misidentify yourself in submitting the User Content or misstate your true identity.
- Any breach of the above warranties will result in the user’s account being immediately terminated and may result in the user becoming liable to legal action.
- We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. You understand that when using the Website, you will be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us, our owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
- This Website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this Website or the information and material provided on this Website.
- We do not warrant that this Website will be constantly available, or available at all; or that the information on this Website is complete, true, accurate or non-misleading.
- Nothing on this Website constitutes, or is meant to constitute, advice of any kind. We do not provide any warranty as to the suitability of the information and material found or offered on this Website for any particular purpose. Your use of any information or material on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any materials, services or information available through this Website meet your own specific requirements.
- You acknowledge that information and material found or offered on this Website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this Website and the use of this Website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitations and Exclusions of Liability
- Our liability to you in relation to the use of our Website or under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, will be limited as follows: XXX Competitions Limited and its employees, agents and contractors will not be liable to you for any loss or damage of any nature whether arising directly or indirectly from the use of or reliance on information obtained from this Website; XXX Competitions Limited and its employees, agents and contractors will not be liable for any consequential, indirect or special loss or damage and will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.
- Without prejudice to the provisions of Clause 48, we exclude all liability whatsoever for any costs, expenses, losses, damages, liabilities, injury or disappointment (other than any costs and expenses specifically provided for in the Competition and/or Prize) including any loss of profit, business, contracts, revenues or anticipated savings and whether special, direct, indirect or consequential suffered by you howsoever arising in connection with the Competition and/or Prize.
- Without prejudice to the provisions of Clauses 48 and 49, we shall have no liability whatsoever:
(a) in the event of online entries delayed or not received by us as a result of network incompatibility, technical faults or for any other reason;
(b) for any person not being able to enter a Competition for any reason, including system failure, error, the application through which online entries are made being down, hacks on the system or personal computer issues;
(c) for any losses suffered by you in submitting data to our Website; or
(d) for any mistakes in the source material utilised by our question compilers.
- Our decision in relation to any matter concerning a Competition is final and conclusive in all circumstances and no correspondence will be entered into.
52.You agree to indemnify us and employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) suffered by us arising as a result of a breach by you of your obligations under the Terms or in any way in connection with your failure to follow our reasonable instructions with regard to your entry into the Competition or taking of any Prize.
- Nothing in these Terms will limit or exclude our liability for death or personal injury resulting from negligence, limit or exclude our liability for fraud or fraudulent misrepresentation or limit any of our liabilities in any way that is not permitted under applicable law.
- By using this Website, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use this Website.
- This Website may contain links to other websites that are not under the control of and are not maintained by us. We are not responsible for the content or reliability of the linked websites. We provide these links for your convenience only but do not endorse the material on those sites.
- The failure by us to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the right at any time subsequently to enforce all Terms.
- If any provision of these Terms shall be found by any court to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.
- If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
- We may revise these Terms from time-to-time. Revised Terms will apply to the use of our Website from the date of the publication of the revised Terms on our Website. Please check this page regularly to ensure you are familiar with the current version.
Exclusion of Third Party Rights
- These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.
- These Terms constitute the entire agreement between you and us in relation to your use of our Website, and supersede all previous agreements in respect of your use of this Website.
Jurisdiction and Governing Law
- These Terms shall be governed by and construed in accordance with English law. Any dispute, claim or matter arising out of, or relating to, these Terms shall be subject to the exclusive jurisdiction of the English courts.