Terms And Conditions
STANDARD COMPETITION TERMS (INCLUDING ELITE CLUB)
1. Qualifying Persons
1.1 TopMarksCompetitions Ltd; operates various competitions resulting in the allocation of prizes in accordance with these terms and conditions on the website TopMarksCompetitions.co.uk – (each and all such competitions being referred to herein respectively as the ‘Competition’ or ‘Competitions’).
1.2 Competitions are open to persons aged 16 or over. Employees of the Promoter or any person connected with the Promoter (through family, professional or commercial association) are restricted from participating in the Competition.
1.3 The Promoter reserves the right to close a Customer’s account at any time, if they have proof that the Customer is abusing the services, being abusive to other Customers or staff or they have the belief that it is not genuinely the Customer that is entering.
1.4 The Promoter reserves the right to refuse a Customer’s Entry at the Promoter’s own discretion.
1.5 These terms and conditions apply to Competitions and the Elite Club.
2. Legal Undertaking
2.1 By entering a Competition the entrant (‘Entrant’, ‘you’, ‘your(s)’ and/or ‘Customer’) will be deemed to have legal capacity to do so, you will have read and understood and accepted these terms and conditions and you will be bound by them and by any other requirements set out in any of the Promoter’s related promotional material.
2.2 Competitions are governed by English law and all and/or any matters or disputes relating to the Competition will be dealt with and/or 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 hereby 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 Competitions may be entered via the Website. Multiple Competitions may be operated at the same time by the Promoter and each Competition will have a specific Prize.
3.2 Availability and pricing of Competitions is at the discretion of the Promoter and will be specified at the point of sale on the Website. There is no requirement to pay to enter any Competition, as each Competition has a free entry route available – see rule below for details of how to enter for free. The availability of a free entry route to enter each Competition (including the Elite Club) means that the Competition does not fall within the definition of a lottery under the Gambling Act 2005 and can be operated legally in Great Britain without any need for a licence.
3.3 In order to enter a Competition, you will need to register an account with us. You can register an account online. To register an account online you will be asked to provide an email address or sign in via a social media account, such as Facebook, Twitter or Gmail (‘Social Media Account’)
3.4 When playing a Competition online via the Website, you must follow the on- screen instructions to: (a) select the Competition you wish to enter and when you are ready to purchase your ticket(s) to the Competition (‘Tickets’), provide your contact and payment details. You will need to check your details carefully and tick the declaration, confirming you have read and understood the Competition terms and conditions; (b) once you have purchased your Tickets, register to play the relevant Competition and when your payment has cleared we will then contact you by email to confirm your entry into the Competition. Please note that when entering online and/or by post you will not be deemed entered into the Competition until we confirm your entry which can be confirmed in your account when you login (and any such entry referred to herein as an ‘Entry’ or ‘Entries’).
3.5 The Promoter reserves the right to refuse or disqualify any incomplete Entry 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 the Promoter’s property and will not be returned.
3.8 The Entrant can enter each Competition up to a maximum of 25 times.
3.8 (a) Each account can have unlimited amount of entries, providing they are purchased on that account on behalf of other people.
3.9 Each Competition closes when the last number is taken, no more Entries after this point will be accepted.
3.10 All Entrants (including those entering for free) must create an account prior to entering and supply an email address to proceed in the Competition.
4. Promotion Periods
4.1 Each Competition will run for a specified period. Please see each Competition for details of start and end times and dates (‘Promotion Period(s)’).
5. Elite Club
5.1 The Promoter also operates a monthly subscription-based Competition called the Elite Club. No payment is required to enter the Elite Club each month, as there is a free Entry route available – see free Entry route instructions at rule 16 below. An Elite Club subscription entitles you to automatically enter monthly draws and the subscription continues until it is terminated by you or the Promoter. ‘Month’ means a calendar month and ‘monthly’ shall be construed accordingly. The Promoter may vary the number of draws in any one month.
5.2 You can either play our monthly Elite Club draw continuously, or on a one-off basis via our Website. There is only 1 draw per month. If you enter our monthly draw, the Promoter will provide you with a number once the Promoter announces the 100 finalists for that monthly draw. The draw is streamed live and the winner is selected using the Promoter’s random ball spinning machine.
5.3 An Elite Club subscription costs the amount(s) set out on our Website from time to time, and if you would like to purchase an Elite Club subscription, you can do so through our Website.
6. Elite Club Requirements
6.1 The Promoter reserves the right to refuse a registration for any reason whatsoever at its sole and absolute discretion (including, without limitation, a person applying to become an Elite Club member not satisfying the requirements set out in rule 6.2 below).
6.2 A person applying to become an Elite Club member must satisfy the following requirements:
(a) the person’s direct debit must be authorised from a bank located in Great Britain;
(b) the person must be 16 or over;
(c) must supply their debit card details which must be linked to a bank account (or building society) that is based in Great Britain for which they are an authorised user and must also be linked to an address in Great Britain. This bank or building
society account must not be a joint account and must be held in the applicant’s own name;
(d) the bank (or building society) card referred to in (c) above must not have been reported as lost or stolen and cannot be used to open any more than one Elite Club member account; and
(e) the bank (or building society) card referred to in (c) above must bear the applicant’s name and match the applicant’s details supplied including (without limitation) the applicant’s billing address etc.
6.3 The Promoter may carry out checks and/or request information from time to time from Entrants during registration and/or from Elite Club members after registration to verify that Entrants and Elite Club members as well as the information and details supplied by them meet the criteria set out in this rule 6. Thesechecksmayinclude(withoutlimitation)creditreferencechecks.No Prizes will be given to an Elite Club member if the criteria set out in this rule 6 are not met, or if they are ineligible to be an Elite Club member for any reason whatsoever.
6.4 In carrying out the checks referred in rule 6.3 above, the information and details you may have provided to the Promoter may be disclosed to a credit reference agency to perform an identity check. This may be a verification footprint rather than a credit footprint. The checks look only at the existence of the name, address and date of birth with lenders rather than any current or previous credit information. This will leave a soft footprint on your credit file for 12 months. These checks will also be conducted when a postal claim is made and, in the event our electronic checks cannot verify your information and details, the Promoter may request physical documentation such as driving licence or passport to prove eligibility to become an Elite Club member.
6.5 The Promoter and/or third parties on its behalf may also carry out checks to verify that an Entrant is entitled to authorise the Direct Debit and has enough funds to pay the Elite Club subscriptions fees.
6.6 By signing up for an Elite Club subscription, you hereby authorise the Promoter to collect payment of the subscription fee from your nominated bank account (or building society) until this authorisation is revoked. Subscription payments will be taken from the nominated bank (or building society) account on a monthly basis. Collected payments from your nominated bank (or building society) account entitle you to enter into the applicable upcoming monthly draws following the collected payment.
6.7 When signing up for an Elite Club subscription, you will need to provide the Promoter with valid payment details including, where appropriate, your instruction to a nominated bank (or building society) to pay the subscription fee by direct debit. The Direct Debit Guarantee applies to all Direct Debit
arrangements set up by you. You can cancel your subscription by contacting the Promoter directly (email@example.com) or, if you are paying by Direct Debit, at any time by writing to your nominated bank (or building society).
6.8 You must keep the information and details (including, without limitation payment details) you provide to us current and up-to-date throughout the duration of your Elite Club membership.
7. Elite Club payments
7.1 At the point of sign up, you will be informed when the first payment of the subscription fee will be taken, which may be immediately. Thereafter, the first attempt to obtain payment each month will be on or around the date you signed up, unless otherwise communicated to you by the Promoter. It is your responsibility to ensure that there are sufficient funds in your nominated bank account (or building society) on the applicable date. If there are insufficient funds, your nominated bank (or building society) may impose a penalty charge for the collection and the Promoter may be unable to collect payment and you will not be able to enter into applicable upcoming monthly draws. The Promoter is not responsible for additional transaction charges imposed on you from your nominated bank (or building society).
7.2 The Promoter accepts no responsibility and will have no liability for any act or omission of any bank (or building society) chargebacks, disputes, indemnities and/or failures to implement direct debits or otherwise to act on your instructions.
7.3 If the Promoter is unable to collect your payment on the applicable collection date, the Promoter may, but has no obligation to, make up to 3 further attempts to collect your payment. You will not be entered into a month’s draw(s) unless the Promoter has received all amounts payable for the subscription in cleared funds for that month. The Promoter accepts no responsibility and will have no liability for any loss and/or damage caused as a result of you not being entered into a month’s draws in circumstances where the Promoter has sought payment from your nominated bank (or building society) account and the nominated bank (or building society) did not make payment.
7.4 Any change to the details provided to the Promoter in the course of registration should be notified to the Promoter by phone (01253 836633) or by email (firstname.lastname@example.org). If you wish to change the nominated bank (or building society) specified in your registration, you will need to complete a new direct debit instruction.
7.5 If you are unsure whether your payment has been collected or not, please contact the Promoter as a first step. If there is a dispute regarding whether a subscription fee has been paid for, or when such payment was made, this will be
resolved by reference to the payment details included in an official statement from your nominated bank (or building society).
7.6 Where your nominated bank (or building society) makes any chargeback, dispute or indemnity demand relating to any payment by you, the Promoter may terminate or suspend your Elite Club subscription with immediate effect, which will include (without limitation) terminating your right to enter into any applicable upcoming monthly draws.
7.7 You can terminate your subscription at any time by giving the Promoter notice by email (email@example.com). The Promoter reserves the right to terminate or suspend a monthly subscription at any time and for any reason whatsoever at its sole and absolute discretion (although this will not affect the results of any monthly draws that you have been entered into).
7.8 If your monthly subscription has been terminated (by you or the Promoter) or suspended by the Promoter, you will not be able to enter into any monthly draws following termination or during the period of suspension and the Promoter is not responsible and will have no liability for any loss and/or damage suffered as a result of you not being able to enter any applicable upcoming monthly draws.
7.9 Termination will take effect immediately and any funds which have been already collected at the point of termination are non-refundable. Any funds which have not yet been collected, but in respect of which requests to your nominated bank (or building society) have already been sent for collection at the point of termination, shall also be non-refundable and will be used to enter into applicable upcoming draws taking place in the month that termination took place. With effect from receipt of notice of termination, the Promoter will not make future requests to your nominated bank (or building society) to make payments in respect of the monthly subscriptions.
8. Competition Judgement
8.1 Elite Competitions’ guaranteed 100% random ball spinning machine will determine the winner of each Competition. However many Entrants have entered the Competition will determine how many balls are entered into the machine. Each Competition will have a minimum of 50 balls and a maximum of 100,000 balls. The result will be live streamed on YouTube (or such other live streamed internet channel as the Promoter chooses).
8.2 Due to the nature of the selection, there will only be one Winner per Competition, unless the Promoter states otherwise.
8.3 The Promoter will attempt to contact winners of Competitions (referred to herein as ‘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 responsibility to ensure that these details are accurate, up to date and complete. If for any reason these details are taken down, inputted and/or submitted and/or recorded in any way by you incorrectly, the Promoter will not be held responsible for any consequences of this of whatever nature and howsoever arising. Entrants must carefully check their contact details have been recorded correctly.
8.4 If for any reason the Promoter is unable to contact a Winner within 5 working days (which may be extended at the sole discretion of the Promoter) of the end of a Competition, or the Winner fails for whatever reason or cause to confirm acceptance of the Prize and/or the Winner is disqualified as a result of not complying with or contravening any of these terms and conditions, the Winner hereby agrees that it will immediately, irrevocably and automatically forfeit the Prize and the Prize will remain in the possession and ownership of the Promoter.
8.5 In the event that the Promoter closes a Competition early, the Winner will 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 game credit to enable them to replay equivalent Tickets in a subsequent Competition.
8.6 Entrants who specifically consent to marketing communications will be entered onto the Promoter’s database for the purpose of conveying information as to the status of their Competition, as well as any future promotions or Competitions offered by the Promoter.
8.7 The Promoter also reserves the right at its sole discretion to extend the closing date of any Competition. Each Competition can have the closing time extended by the Promoter up to 4 times. If the Competition is not sold out after the 4th extension of time, then the Prize that will be awarded will be as follows:
70% of the value of paid Entries to the Competition. Only the Competition Entrants (including free Entries) will be entered into this draw.
9. Winner’s Details
9.1 The Winner will be required to show proof of identification on delivery of the Prize. Any failure to meet this requirement may result in the Winner being disqualified and the Promoter retaining the Prize.
9.2 All Winners will be asked for their consent by the Promoter to provide photographs and/or pose for photographs and videos and have their personal details (including details of any Prize won by them) included in marketing material. If a Winner consents to the above, the foregoing photographs, videos and
marketing material 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.
9.3 Following receipt and verification of the details requested above by the Promoter and provided that the Winner has satisfied these terms and conditions, the Winners will be contacted in order to make arrangements for delivery of the Prize.
10. Competition Prizes
10.1 The Prizes are determined, selected by all and/or some of the directors of the company and are owned by the Promoter from the date of the Competition going live on the Website to the date that the Winner receives the Prize. Details of each Prize can be found on the Website on the Competitions pages. Elite Competitions take no responsibility for the Prize awarded after delivery has taken place. Once the Winner receives the Prize, the Promoter does not insure the Prize. No insurance comes with the Prizes and the Promoter is not responsible for the Prize once it has been handed over to the Winner.
10.2 Delivery of the Prize to the Winner’s home address in Great Britain is free. The Promoter has a right to and/or may charge the Winner delivery fees if they require the Prize to be delivered to an address outside Great Britain.
10.3 All Entrant expenses to collect the Prize are the sole responsibility of the Winner.
10.4 The Winner hereby agrees that all Prizes are subject to and are conditional on the terms and conditions of the Promoter, Prize provider, manufacturer and/or supplier and/or anyone that is involved in the provision or delivery of the Prize to the Winner.
10.5 Each 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 and/or third parties.
The Promoter can store the chosen Prize free of charge for up to 30 days after notifying the Winner, at the end of which time the Prize will be delivered to the Winner. If the Prize needs to be stored by the Promoter for more than 30 days then this shall be at the entire cost of the Winner where such cost will need to be paid by the Winner to the Promoter before the Winner receives the Prize.
12. Winners’ Personal Data
12.1 Subject to the Winner’s consent, the Winner may be asked to have their photo and video taken by the Promoter for promotional purposes (Public Relations and Marketing).
12.2 When entering a Competition, the Entrant will be asked to consent to use of their 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 that are approved in writing in advance by the Promoter) and as required by the Promoter.
13. Limits of Liability
13.1 The Promoter makes or gives no representations and/or warranties and/or assurances of whatever nature and howsoever arising (and whether in writing or otherwise) as to the quality, suitability and/or fitness for any particular purpose of any of the goods or services advertised, offered and/or provided as Prizes. Except for liability for death or personal injury caused by the negligence of the Promoter and/or for any fraudulent misrepresentations and/or for any events and/or circumstances to the extent that they cannot be excluded or limited by law. 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.
13.2 The total maximum aggregate liability of the Promoter to each Winner shall be limited to the total value of each Prize that has been won by the relevant Winner.
13.3 The total maximum aggregate liability of the Promoter to you shall (if you are not a Winner) be limited to the amount that you have paid to enter Competitions in the first 12 months of you playing any Competition.
13.4 Nothing in these terms and conditions shall prevent you making claims to the extent that you are exercising your statutory rights.
14. Electronic Communications No responsibility will be accepted by the Promoter 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 reasonable 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 Prize and award it to the correct Entrant, at its sole discretion and without admission of liability and the Entrant that has been incorrectly awarded the Prize will immediately at the Entrant’s own cost and expense return it to the Promoter and/or pay the Promoter for that Prize (at the option of the Promoter). The Promoter shall not be liable for any economic and/or other loss and/or consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due to such persons. The Promoter shall use its reasonable endeavours to ensure that the software and Website(s) used to operate its Competitions performs correctly and accurately across the latest versions of popular internet, tablet and mobile browsers. For the avoidance of doubt, only the Ticket recorded in our systems, howsoever displayed or calculated, shall be entered into the relevant Competition and the Promoter shall not be held liable for any Competition Entries that occur as a result of malfunctioning software or other event.
15. Data Protection Notice 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.
16. To enter any Competition or the Elite Club draw each month for free, you must first create an account and then send your name, address, date of birth, e- mail address and contact telephone number on a postcard to the Promoter. Free entries must be posted to: Elite Competitions, Building 09, Office 1, Unit 1, Preese Hall Farm, Weeton, Lancashire, PR4 3HT and must arrive by the Competition closing date. First or second-class postage must be paid. Postal Entries are limited to one Entry to each Competition per postcard. The Entrant must specify which Competition or which Elite Club draw they wish to enter. For Competitions (other than the Elite Club) a random number/s will be allocated to each free entry by the Promoter. For Elite Club free entries, the Entrant will be entered into the draw for the 100 finalists in the same way as any paid entry. All free Entries will be treated in the exact same way as a paid Entries. Where applicable, these Competition terms and conditions also apply to free Entries. All free entries are processed on Monday’s of each week.
17.1 The Promoter hereby reserves the right not give or make a Prize until it is satisfied that (a) the Winner has a validly registered Website account and/or is not in breach of these terms and conditions, (b) any and/or all amounts due or owing by you to the Promoter have been paid in full, (c) the identity of the Winner and his or her entitlement to receive the Prize has been established to the Promoter’s satisfaction (in particular, the Promoter reserves the right to request documentary proof of identity and not to give or make a Prize until satisfied appropriate proof of identity has been provided), and (d) the Promoter may require proof of age to be produced before giving or making a Prize. Prizes will not be given or made to Winners found to be under below the age of 16.
17.2 Without prejudice to rule 17.1 above, the Promoter reserves the right not to make or give a Prize if it reasonably suspects the occurrence of fraud in relation to a Competition and/or Elite Club draw.
17.3 The Promoter may, at its absolute and sole discretion, give or make a Prize to a person whom it is satisfied is the duly authorised representative of the Winner acting under a lawfully executed power of attorney or other equivalent authorisation.
18. Your account
18.1 You must keep your account password secure and secret at all times and take steps to prevent it being used without your permission. You must (a) memorise your password and never tell it to anyone, (b) never write your password down (including on your computer or other electronic device) or record it in a way that can be understood by someone else, (c) destroy any communications from the Promoter in relation to your password as soon as you have read them, (d) avoid using a password that is easy to guess, (e) ensure that no-one else (apart from you) uses your account while you and/or your devices are logged on to the Website (including by logging on to your devices through a mobile, Wi-Fi or shared access connection they are using), (f) log off or exit from your account when not using it, and (g) keep your password or other access information secret,
18.2 Your password and log in details are personal to you and should not be given to anyone else and/or used to provide shared access e.g. over a network. You must use a password which is unique to your account, and maintain good internet security
18.3 You must contact the Promoter immediately if you believe, suspect or know that anyone apart from you has used your account and/or given any instruction in relation to it without your permission, or if you believe, suspect or know someone else knows your password.
18.4 If you forget your password, you can reset it by following the instructions on the Website (as long as you can provide the relevant security information requested or required by the Promoter).
18.5 The Promoter shall not be responsible and/or liable for any and/or all consequences arising out of and/or relating to any and/or all breaches of this rule 18.5 by you. Furthermore, the Promoter shall not in any event be responsible and/or liable for any actions and/or inactions that you may take and/or consequences that you may suffer and/or incur as a result of using and/or in connection with the Website.
19.1 We may revise our terms and conditions from time to time and will post the most current version on the Website as soon as possible after the revised terms and conditions become effective. Please check this page periodically to ensure you understand the terms and conditions that apply at that time. By continuing to access and/or use the Website after the revisions come into effect, you agree to be bound by the revised terms and conditions. We may also update and change the Website, Competitions and/or Elite Club draws from time to time to, amongst other things, reflect changes to our offering, Website, IT systems and/or our users’ needs and/or feedback.
20. Unauthorized use and expiry of your debit card
20.1 If you notify your nominated bank (or building society) that your debit card has been used without your permission in relation to a Competition and/or your Elite Club membership, and your nominated bank (or building society) asks the Promoter to return the relevant amount to your nominated bank (or building society) account, the Promoter may suspend your account and ask you to contact the Promoter. The Promoter accepts no responsibility and will have no liability for any chargeback.
20.2 If your debit card is due to expire, the Promoter will use reasonable efforts to return the funds in your account to your debit card before midnight on the day it expires. If it is not able to do so, the Promoter will use reasonable efforts to alert you of this and you should, in these circumstances, contact the Promoter to arrange another appropriate way for the Promoter to return the funds to you.
21. Use of the Website
21.1 You hereby agree that (a) the Website, the Competitions, the Elite Club membership and/or draws are for your own personal, non-commercial use, and (b) you are only allowed to use your account and the Website, enter Competitions and/or enter Elite Club draws via your account, as set out in these terms and conditions.
21.2 You also hereby agree that you will only use your account, enter Competitions, enter Elite Club draws and access and/or use the Website in an appropriate and lawful manner. You will not (a) receive, access and/or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including, without limit, copyright) and/or otherwise objectionable and/or unlawful, (b) knowingly and/or recklessly transmit any content (including, without limit, viruses) through the Website and/or the Promoter’s software and IT systems which will cause, or be likely to cause, (i) detriment and/or harm, in any degree, to the Website, the Promoter’s software and IT systems owned and/or operated by the Promoter and/or others, and/or (ii) loss of and/or damage to data, (c) hack into, make excessive traffic demands on or cause any impairment of the functions of any computer system, deliver or forward chain letters, “junk mail” of any kind, surveys, contests, pyramid schemes or otherwise engage in any behaviour intended to prevent others from playing entering Competitions, entering Elite Club draws and/or using the Website and/or any other website, and/or which is otherwise likely to damage the reputation and/or business of the Promoter and/or of any third party, and/or (d) authorise or allow anyone to do 21.2(a) – (c).
21.3 You hereby agree to indemnify the Promoter against any and/or all costs, losses, damages and expenses which the Promoter may suffer and/or incur arising out of and/or in relation to any claim, legal proceeding and/or demand made by any third party due to and/or arising out of your unlawful, wrongful and/or negligent access and/or use of your account, the Website and/or the Promoter’s software and/or IT systems, and/or breach by you of these terms and conditions.
21.4 There is no guarantee that the Website will display correctly on all devices it can be viewed on.
21.5 The Promoter is the owner or licensee of all the copyright, trademarks and other intellectual property rights in, to and in respect of the Competitions, the Elite Club, and the Website, and you will not acquire any rights in any of these.
21.6 Trademarks, service marks, logos, trade names, source identifiers and/or proprietary designations (“Trademarks”) of the Promoter used on and/or in connection with the Website, the Competitions and/or Elite Club draws are trademarks of the Promoter. Trademarks of third parties used on and/or in connection with the Website, the Competition and/or Elite Club draws are used for identification purposes only and may be the property of their respective owners.
21.7 You must not (a) copy, disclose, transmit and/or otherwise make available and/or remove or change any material available on the Website, (b) reverse engineer or decompile (whether in whole or in part) any software used in connection with the Website and/or the provision of the Competitions and/or
Elite Club draws (except to the extent expressly permitted by applicable law) and/or (c) remove, obscure and/or change any copyright, trade mark or other intellectual property right notices in any material obtained from the Website and/or as a result of playing the Competitions and/or entering Elite Club draws.
21.8 You hereby agree that playing Competitions and/or entering Elite Club draws (as well accessing and/or using your account) whilst located in any jurisdiction other than Great Britain is strictly prohibited.
22. Discretion The exercise by the Promoter of any discretion provided for in these terms and conditions will be final and binding.
23.1 If the Promoter fails and/or delays to enforce a provision of the terms and conditions, this failure and/or delay is not a waiver of the Promoter’s right to do so later on.
23.2 If any provision (or part of a provision) of these terms and conditions is decided by a court of competent jurisdiction to be void and/or unenforceable, that decision will only affect the particular provision (or part of the provision) and will not, in itself, make the other provisions void or unenforceable.
23.3 You may not assign or otherwise transfer (in whole or in part) your rights and/or obligations under these terms and conditions. Any breach of this rule 23.3 may result in the use of your account and/or the provision of the Competition and/or Elite Club draws and/or access to the Website being suspended or terminated immediately by the Promoter. The Promoter may assign or otherwise their rights and/or obligations under these terms and conditions in whole or in part to any third party at its sole and absolute discretion and without your consent. The Promoter may also assign these terms and conditions in their entirety, without your consent, to its successor in interest in connection with a merger, reorganisation, or sale of all or substantially all assets or equity. These terms and conditions shall bind and inure to the Promoter’s benefit, its successors and permitted assigns.
23.4 These terms and conditions constitute the entire agreement between you and the Promoter regarding the subject matter of these terms conditions and supersede and replace any other prior and/or contemporaneous agreements, and/or terms and conditions applicable to the subject matter of these terms and conditions.
23.5 A person who is not a party to these terms and conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 (as amended or re-enacted from time to time, and any subordinate legislation made under that act) or otherwise to enforce any provision of these terms and conditions.
23.6 The Promoter will not be liable for any delay or failure to perform any obligation under these terms and conditions where the delay or failure results from any cause beyond its reasonable control, including acts of God, labour disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunication/network failures, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
23.7 The Website may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference and convenience only. We do not control such websites and are not responsible for their content and/or the privacy or other practices of such websites. It is up to you to take precautions to ensure that whatever links they select and/or software you download from such websites are free of viruses. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites, association, sponsorship and/or partnership with their operators. You must not create a text hyperlink to the Website without our prior written consent.