Terms and Conditions
The following Terms and Conditions apply to all purchases of Winnacomp Tickets and all Entries submitted to any Competition on the Promoter’s Website.
The Promoter
- All Competitions are operated by the Promoter, and the Promoter is the official sponsor of each Competition unless specified otherwise.
How to enter
- By submitting an Entry, Entrants agree to be bound by these Terms and Conditions. If you do not so agree to be bound, do not purchase Winnacomp Tickets, and do not submit an entry.
- To validly purchase Winnacomp Tickets and validly enter a Competition, a Visitor must become a Registered User by completing all details on the Membership Form on the website.
- Purchases of Winnacomp Tickets shall be processed CashFlows. This shall be subject to their terms and conditions, which are available to view on their website: https://www.cashflows.com. The purchase fee of the Winnacomp Tickets(s) must be received by the Promotor in Pounds Sterling only.
- Purchasers of Winnacomp Tickets will be asked to provide their contact details, including an email address and a telephone number. This information will be processed in accordance with the provisions below and the Promoter’s Data Protection and Privacy Policy. The Promoter’s relevant payment provider will require purchaser’s postcode and card payment details. Once the purchase order for the Winnacomp Tickets is submitted, the Registered User’s card payment will be electronically approved and the Promoter will not retain any records of the Registered User’s card details.
- The Promoter will store and process the Entrant’s personal information. The personal information must include details of at least one form of contact and will be used for the following purposes;
- to notify any Winner or Runner(s) Up that they have won a Prize in a Competition;
- to administer the Website and conduct the Competitions; and
- after a Draw, to post the Winner and, where applicable, any Runner(s) Up’s first name, city/county of residence and profile image or other provide photo on the Website, and in media communications about the Competitions.
- All Entrants are solely and completely responsible for providing the Promoter with accurate and current contact details.
- The Promoter will be in no way liable for any failure or inability to make contact with any Entrant due to any errors, omissions or inaccuracies in the contact details provided by the Entrants or otherwise.
- The Promoter will not accept:
- responsibility for Entries that are lost, mislaid, damaged or delayed in transit, regardless of cause including, for example, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.
- An Entry shall be declared void (without any refund being given) if the Entrant engages in:
- Any form of fraud, whether actual or apparent;
- Fraudulent concealment;
- Hacking or interference with the proper functioning of the Website; or
- Amending, or unauthorised use of, any code that constitutes the Website.
- Each individual Entrant may submit up to the maximum number of entries specified in total for any one particular Competition.
- The Entry fee must be paid for each individual entry. All entries to the Competition are final and no refunds shall be made at any time or for any reason, except in the case of entries submitted after the Closing Date or if the promoter cancels the competition.
- Only valid Entries will be entitled to participate in a Competition and be eligible to win a Prize in a Competition.
Eligibility
- Competitions are open for entry only to private individuals (i.e. not companies or businesses) aged 18 (eighteen) or over and residing in Great Britain, excluding the Promoter and their employees.
- Only Registered Users are eligible to enter any Competition.
- In entering a Competition, all Entrants confirm that they are eligible to do so and eligible to claim any Prize awarded in the relevant Competition. The Promoter may require any Entrant, including any Winner and/or Runner(s) Up to provide evidence that they are and were eligible to enter a particular Competition.
- The Promoter will not accept and will not refund Entries that are:
- Automatically generated by computer;
- Completed by third parties;
- Paid for using a debit/credit card belonging to someone other than the Entrant;
- Altered, reconstructed, forged or tampered with; or
- Incomplete.
- The Promoter reserves all rights to disqualify Entrants if their conduct is contrary to the spirit or intention of the Competition entered.
- Entries on behalf of another private individual will not be accepted, and joint submissions are not allowed.
- By entering the Competition, Entrants warrant that all information that they submit is accurate, true, current and complete. The Promoter reserves the right to disqualify any Entrant (entirely at the Promoter’s discretion) if there are reasonable grounds to believe the Entrants has acted in breach of any of these Terms and Conditions.
- The Promoter reserves the right to close or suspend a Registered User’s Account (and prevent the individual who created the Account from participating in any future competitions under a different e-mail) at any time and for any reason. Without limiting the preceding sentence, the Promoter shall be entitled to close or suspend a Registered User’s account if:
- The promoter considers that the Registered User is entering Competitions in an excessive manner;
- The Registered User has become bankrupt;
- The Promoter considers that the Registered User has used the Website in a fraudulent manner or for illegal and/or unlawful or improper purposes;
- The Promoter considers that the Registered User has used the Website in an unfair manner, has deliberately cheated or taken unfair advantage of the Promoter or any of its other Registered Users or if the Registered Users or if the Registered User’s Account is being used for the benefit of a third party;
- The Promoter is requested to do so by the Police, any regulatory authority or court;
- The Promoter considers that any of the events referred to in ‘a.’ to ‘d.’ may have occurred or are likely to occur; or
- The Registered User’s Account is deemed to be dormant.
Prizes and the Draw
- The Winner and any Runner(s) Up for each Competition will be determined and awarded the relevant Competition Prize(s) so specified on the Website in accordance with these Terms and Conditions.
- The Draw to determine the Winner and, where applicable, any Runner(s) Up will be made on the Draw Date.
- Unless otherwise specified in the description under a Competition, the Promoter will never extend the Closing Date for any Competition.
- On a Competition’s Draw Date:
- There will be a Draw to determine the Winner, and the Prize shall be awarded to the Winner;
- Where the Competition provides for one or more Runner Up Prizes(s), there will be a Draw or Draws to determine the Runner(s) Up, who shall be awarded the associated Runner Up Prizes(s).
- If any Winner or Runner(s) Up cannot be contacted by the Promoter within 21 (twenty-one) days of being notified of their status as the Winner by e-mail and/or telephone outline in the contact details submitted in their Entry, the promoter shall be entitled to award their Prize to the Entrant next Drawn, with the effect that the first Runner Up (as applicable) would become the Winner, the second Runner Up (as applicable) would become the first Runner Up, and so on. At the Draw, there shall be such number of additional/reserve entries drawn but not actioned or disclosed until required to permit the operation of this alternate Winner / Runner Up arrangement. Any alternate Winner or Runner Up shall likewise comply with the above 21 (twenty-one) day contact requirement.
- The Promoter shall take all reasonable steps to ensure and preserve the random nature of the Draw but shall not be required to comply with any particular regulatory or other standards in this respect. The Draw has historically been operated with the use of a True Random Number Generator provided by Random.org and through a random ticket selection, however the Promoter may operate the Draw in any reasonable way and may change the Draw process at any time. The result(s) of the Draw are final and the Promoter shall not enter into any correspondence in relation to the same.
- Upon the request of the Promoter, the Winner, and where applicable, any Runner(s) Up will be required to forward personal identification, such as a driver’s license or passport, to the Promoter to prove their identity, that their Entry was made in accordance with these Terms and Conditions, and that there is no lawful impediment (pursuant to any applicable UK or international law) to the Winner or any Runner(s) Up being awarded any Prize in the relevant Competition. The Promoter may refuse delivery of the Prize to the Winner and any Runner(s) Up if the requested personal identification is not received. In the event that the Promoter reasonable believes that there may be a lawful impediment to awarding a Prize to a Winner or any Runner(s) Up, there Promoter may suspend making such award until the legal issue is resolved or if, in the reasonable opinion of the Promoter such issue cannot be resolved, to award that Prize in a like manner as set out in term 26.
- In the event that the Winner or Runner Up resides outside of mainland Great Britain and wins a vehicle, the Winner or Runner Up will be required to travel to mainland Great Britain in order to collect the Prize. The exact location will be determined by mutual agreement between the Promoter and the Winner or Runner Up.
- In cases where the Prize is an experience, which should be taken to include, for example, domestic and international holidays, day-trips and one-off events or occasions, the Winner of the Prize or any Runner(s) Up will be contacted by either the Promoter or a Winnacomp Partner to arrange delivery of the experience. If the Winner or Runner Up fails to confirm necessary details (e.g. the people who will be attending the experience, the desired date of the experience, etc.) within 14 days from the point of being contacted, then it is acknowledged that, on occasion, certain elements of the Prize may not be available, in which case the Promoter and the Winner/Runner Up will arrange a mutually agreeable substitute experience up to the same value as the original Prize.
- The Promoter does not in any way guarantee or give any warranties as to the value of the Prize, its condition, history or any other matters associated with the Prize.
- The Promoter reserves the right to remove a Competition from the Website at any time, and in the rare event that this occurs, will refund all the Entries to that Competition to the Registered User’s Winnacomp account.
- The advertised competition will go ahead on the date if the minimum tickets are sold. If not the promoter will extend the draw date for another seven days to achieve the minimum ticket sales and this can be done for a maximum of another two times.
- Finally, if the tickets are not sold out, then seventy percent of the ticket money will be converted into prize fund and will be given to the selected winner.
Announcement of Winners and any Runner(s) Up
- The Promoter has the right to announce and publish any of the information outlined in term 6(III) pertaining to any Competition’s Winner and Runner(s) Up on the Website and App and via email marketing campaigns, as well as on the Promoter’s associated social media pages/sites, such as Facebook, Instagram and Twitter. Any Winner and Runner(s) Up shall cooperate with and participate in the Promoter’s reasonable publicity requests. In the case of failure of the Winner or Runner Up to participate in the Promoter’s reasonable publicity requests, such as obtaining a picture of the Winner or Runner Up with their Prize, the Promoter reserves the right to retake possession and ownership of the Prize, or recover the full cost of the prize.
Limitation of Liability
- Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate any Entrant or accept any liability for any loss, damage, personal injury or death occurring as a result of submitting an Entry or Postal Entry, or in relation to the use and enjoyment of a Prize by the Winner or Runner(s) Up gained through any Competition, except where death or personal injury is caused by the negligence or fraud of the Promoter, or that of their agents, distributors, or employees. The Winner’s statutory rights are not affected.
- The liability of the Promoter to each Entrant is limited to the aggregate value of the Entry Fees paid by that Entrant.
- The Promoter accepts no liability for errors or omissions contained within the description of any Prize awarded as part of any of the Competitions on the Website or App, or the Prize Value, or any other description or specification or any other part of the Website or App. It is the responsibility of each Entrant (and in particular the Winner and any Runner(s) Up) to satisfy him/herself as to the accuracy of any such details and/or any content of the Website.
- The Promoter accepts no liability for errors or omissions caused by human error or technical faults within the Promoter’s technological infrastructure.
- The Promoter accepts no liability for non-receipt or issues with receipt of a Prize due to errors in information provided by the Winner or Runner Up, such as incorrect bank account details or a wrong delivery address.
General
- The Promoter shall not be a trustee of any Entry Fees received, unless it is subject to a specific contractual agreement with a Winnacomp Partner or Charity to act as such.
- The Promoter reserves the right to suspend or cancel any Competition at any time, either before or after Entries have been received. If a Competition is cancelled due to the Promoter’s actions and specifically not those of the Winnacomp Partner or any other entity associated to the Competition, the Promoter will return the Entry Fees paid by each Entrant to their Winnacomp Account. Where all the Entry Fees have been returned, the Promoter shall have no further liability to the Entrant or to any other person.
- Without prejudice to the operation of term 42, the Promoter reserves the right to cancel any Competition in the event that an order is made or a resolution is passed for the winding up of the Promoter, or an order is made for the appointment of an administrator to manage the affairs of the Promoter, or circumstances arise which entitle a court or creditor to appoint a receiver or manager or which entitle a court to make a winding up order, or the Promoter takes or suffers any analogous action in consequence of debt or an application to court for protection from its creditors is made by the Promoter.
- The Promoter reserves the right to make reasonable amendments to these Terms and Conditions at any time, with immediate effect upon publishing such amendments on the Website. Any such amendments shall not prejudice any Entries or Postal Entries received prior to the time of such changes.
- These Terms and Conditions shall not create or be construed as creating any form of contract, joint venture or other agreement between any Entrant and the Promoter.
- All Competitions that the Promoter promotes, their administration and all associated activities shall be governed by the laws of England and Wales, and all parties submit to the exclusive jurisdiction of the courts of England and Wales.