1.1 These terms and conditions (the "General Draw Terms") apply to all the Draws organised by us.
1.2 The General Draw Terms will be supplemented by Specific Draw Terms which are applicable to specific Draws (collectively referred to as the "Terms")
1.4 In the event of any conflict between the General Draw Terms and the Specific Draw Rules the Specific Draw Rules shall prevail.
1.5 Internet Service providers' fees may apply when accessing the internet. It is your responsibility to ensure these charges are paid for.
WE MAY CHANGE THE TERMS AT ANY TIME SO YOU SHOULD CHECK OUR APP BEFORE ENTERING INTO ANY OF OUR DRAWS FOR ANY CHANGES. CHANGES WILL APPLY FROM THE DATE THAT THEY ARE PUBLISHED ON OUR APP. IN ADDITION, IF YOU PARTICIPATE IN A DRAW THE TERMS IN FORCE AT THE TIME YOU PARTICIPATE WILL SUPERSEDE OUR PREVIOUS DRAW TERMS.
In these terms and conditions, the following terms shall have their respective meanings (unless the context requires otherwise).
The scope of these definitions extends to the draw specific terms unless otherwise stated in the draw specific terms.
2.1 "App" means our mobile application through which you access our Draws by using any current or future platform or device.
2.2 "Draw" means any prize draw organised by us.
2.3 "Participant" or "you" means you the participant to any of our Draws.
2.4 "Promoter", "us", "our" means WINATON LIMITED of Office 7, 35-37 Ludgate Hill, London, United Kingdom, EC4M 7JN.
2.5 "Specific Draw Rules" means any specific rules applicable to any of our Draws (e.g. describing the mechanics of the Draw and the opening and closing dates, etc.).
3.1 How to contact us: You can contact us by writing to us at email@example.com.
3.2 How we may contact you: If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your account details.
3.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
4.2 By entering a Draw, you agree that any personal information provided by you with the Draw entry may be held and used only by us or our agents and suppliers to administer the Draw.
4.3 If you are the winner of the Draw, you agree that we may use your name, image and town or county of residence if you win any prize in any form in any draw and for any other reasonable and related promotional purposes.
5.1 By using our App, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
5.2 In entering the Draw, you confirm that you are eligible to do so and eligible to claim the prize. We may require you to provide proof that you are eligible to enter the Draw at our reasonable discretion.
5.3 We will not accept Draw entries or can declare any entry invalid at any time if any of them are:
(a) automatically generated by computer;
(b) completed by third parties or in bulk;
(c) illegible, have been altered, reconstructed, forged or tampered with; or
(e) Fraudulent or the entry is counterfeit.
(f) the result of you or any other person trying to increase your chances of winning above the chances:
(i) enjoyed by other participants; or
(ii) which could be reasonably expected under the Draw mechanics.
5.4 We reserve the right to disqualify you at any time (and to ban you from participating in future Draws) if you tamper, or attempt to tamper with the entry process in any of our Draws or with the operation of our Draws or if you breach the Terms and/or any applicable laws.
6.1 Our Draws are available through our App.
6.2 When you access our App you will be asked to register with us following our instructions.
6.3 Once you are registered with us, you will be entitled to enter the various Draws we make available to you, in accordance with the Terms.
6.4 No purchase is necessary to enter and/or participate in a Draw.
6.5 You must submit your Draw entry in accordance with the onscreen instructions specified in the App and in the Specific Draw Rules.
6.6 You must follow the instructions specified in the App and in the Terms. Failure to follow them may result in your entry being disqualified.
7.1 The prize or the prizes available to be won will be specified on our App or in our Specific Draw Rules.
7.2 Unless we specify otherwise to you, the prize will typically consist of an amount in pounds sterling (e.g. GBP10.00). Any non-cash prizes we make available in any of our Draws is subject to availability. For any non-cash prizes, there is no cash alternative for the prize and prize winners must accept prizes in the form offered. We reserve the right to substitute any non-cash prize with a prize of equal or greater value at our discretion.
7.3 All prize winners will be notified that they have won a prize within twenty eight (28) days of the Closing Date of the Draw (as defined below) by telephone or email or by push/in-app notifications though our App.
7.4 Prizes will be despatched to the winners in accordance with our instructions and with clause 8.3 below. We will not be liable for any prizes which are lost, delayed, or damaged in the post for reasons beyond our control.
7.5 Prizes will only be delivered to an address within the UK. Should a prize winner's contact details change, it is their responsibility to notify us or the contact persons for the relevant Draw.
7.6 Any tax payable as a result of a prize being awarded to you will be your responsibility.Winner announcement
7.7 Where any prize is awarded prize winners will be chosen at random from all qualifying entries within seven (7) days of the Draw's closing date (the "Closing Date").
7.8 Our decision as to whether or not an entry is a winning entry, and entry was entered before or after the Closing Date, or in relation to any other matter or dispute arising from payment or non-payment of prizes, is final and no correspondence or discussion will be entered into, provided that it is a reasonable decision. We may at our sole discretion replace a disputed entry for another entry in any of our Draws.
7.9 We will add the winning number combination on the draw history screen. If you are the winner you will be notified via push notification through our App or by email (to the email you provided during your registration process). We will not be held responsible if our prize notification does not reach you (or if it goes to your junk mail and if you do not see it for any other reasons). To minimise the chances of this happening, please make sure that you have enabled the App to send and receive push notifications and that we are added to your email address book.
8.1 You will have 90 days to claim the prize in accordance with our instructions from the date you receive our notification (the "Deadline").
8.2 To claim a prize, you must log in through your App and follow our instructions. We will send you the prize within 28 of receipt of your claim. However, if you do not claim the prize before the Deadline, your claim will automatically become invalid and you will lose your entitlement to the prize.
8.3 Any cash prize you win may be paid to you by cheque, via bank transfer to an account held in your name, through a third-party mobile payment system, or to your email address through a third-party online payment system. You will be given the opportunity to provide us with payment details (if necessary) and you are responsible for ensuring that these details are accurate. The payment details you give us must match your registration Data. Any transfer or handling fees or other charges we incur in paying you the prize may be deducted from your prize (or you may be responsible for reimbursing us for these).
8.4 We do not accept any responsibility if you are not able to take up the prize.
8.5 We may withhold payment of a prize until any dispute connected to the allocation of the Prize or any other dispute related to the Draw and the prize is resolved.
8.6 Your entitlement to a prize cannot be transferred or assigned. The prize is not negotiable and may not be claimed by a third party on your behalf.
8.7 We reserve the right to request proof of a prize winner's identity in the form of a passport or driver’s licence and proof of address in the form of a utility bill. In the event that you cannot provide us with proof of identity and address reasonably acceptable to us, we may disqualify you at our reasonable discretion. At the time of entering a Draw, your identity and address must have matched the identity and address you had on the App.
You must provide proof that you are aged 18 years or over. If the evidence you provide do not match your App registration information, or you cannot prove you are aged 18 years or over, we reserve the right to disqualify you and to void your entitlement to the prize.
8.8 We shall be entitled to recover any prize incorrectly paid to you.
9.2 It is a condition of entry to all our Draws that we have the right to publish and/or broadcast the first name and home town of Draw winners.
9.3 Entrants, particularly prize winners, may be required to participate in photo and/or filming session(s). You agree that we shall have the right to use all the resulting publicity materials in any media and in any manner we see fit, unless you advise us that you wish to retain your anonymity. If you elect for anonymity, we may not be able to include you in our Draws. This includes providing these materials to our third party prize providers for the purposes of promoting their association with the Draw and awarding the relevant prizes.
9.4 No fees shall be payable to any entrant in relation to their entry in any Draw
10.1 These Terms will remain in full force and effect while you use our App.
10.2 You can cease being a user at any time by uninstalling our App. Alternatively you can send us an email at firstname.lastname@example.org.
10.3 If we have reasons to believe that you are in breach of the Terms or any law or rights of any third party associated with us, we may at any time restrict your access, suspend or terminate your access to our App or to any Draw. We will send you a notice via email or by post (or by other suitable means) before doing so, when is reasonable and feasible for us to do so.
11.1 We may amend the Terms from time to time at our sole discretion. We may inform you of any changes in the Terms by sending you an email, or by showing a notice about the new Terms in our App, or by other suitable means. Please look at the top of this page to see when these Terms were last updated.
11.2 Every time you participate in a Draw using our App, the Terms in force at the time of your participation will supersede our previous Terms and will apply to you.
12.1 You understand and agree that the App, our service and the content we provide are provided "as is" and that you use the App, our services and the content at your own risk. You understand that prizes are awarded randomly and that we do not guarantee that you will win a Prize. However, this clause 12.1 is subject to clauses 12.3 and 12.4 below.
12.2 To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular and without limitation to the foregoing, We do not assume any responsibility for whether or not you win a prize; the timeliness, deletion, mis-delivery or non-delivery of information by any means; failure to store any user communications or personalisation settings; restriction or loss of access; any bugs or other errors; unauthorised use due to your sharing of access to the Service; or any malfunction and/or inadequacy of the internet connection or the computer you are using. In addition, we do not warrant that the Service or any part of it will be uninterrupted or error-free. However, this clause 12.2 is subject to clauses 12.3 and 12.4 below.
12.3 We are only responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Draw Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Draw Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us when you downloaded our App and registered with us.
12.4 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, for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
12.5 We are not liable for business losses. We only provide the Services to consumers for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. You must not resell our Services or use them for business purposes.
12.6 Limitation of liability: Subject to clauses 12.1, to 12.4, our total liability to you in respect of all other losses arising under or in connection with the Draws, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £20 or the value of the prize awarded to you in accordance with the Terms (if applicable).
12.7 We do not actively monitor the content of the ads. If you consider that any of the ads are unsuitable or unlawful you are entitled to send us a notification explaining your concerns. We will decide, acting reasonable, whether to act against the advertiser and remove the ad or not. However, you acknowledge and agree that we are not responsible for the content of the ads.
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms that is caused by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Terms, we will contact you as soon as reasonably possible to notify you, and our obligations under the Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
14.1 If you have any concern in relation to any of our Draws, you can contact us at email@example.com;
14.2 In all correspondence please specify your name and contact details the name of the Draw and the reasons of your complaint.
15.1 Other than as expressly set out in the Terms and to the greatest extent permitted by law, we make no representations or warranties with respect to the App or our services, or the performance of our obligations hereunder, and expressly exclude such representations and warranties, whether implied, statutory or otherwise to the maximum extent permitted by law.
15.2 You acknowledge and accept that:
(a) we do not warrant the App or our services against unauthorised interruption or interception by third parties or that the App or our services will be available to you error-free, at any particular time or continuously; and
(b) the quality and coverage of our App and our services depends on both the telecommunications network to which you are connected and also on other telecommunications networks to which the person you are calling is connected.
(c) the App and our services might be adversely affected by circumstances beyond our control. We are not responsible for any loss of or disruption to the services due to failure of a carrier network, broadband provider or internet service provider, to the maximum extent permitted by law.
15.3 While certain precautions have been taken to detect computer viruses and ensure security, we do not warrant that our services are virus-free and secure. To the maximum extent permitted by law, we shall not be liable for any loss or damage which occurs as a result of any virus or breach of security.
15.4 We do not warrant that the App or our services will be compatible with your computer systems, software and/or hardware.
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under the Terms to another organisation. We will ensure that the transfer will not affect your rights under the Terms.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under the Terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under these Terms. The Terms are between you and us. No other person shall have any rights to enforce any of the Terms.
16.4 If a court finds part of the Terms illegal, the rest will continue in force. Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing the Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under the Terms, or if we delay in taking steps against you in respect of your breaking the Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.6 The Terms are governed by English law and you can bring legal proceedings in respect of the subject matter of the Terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of the subject matter of the Terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the subject matter of the Terms in either the Northern Irish or the English courts.
You agree to indemnify and hold us and our officers, directors, agents, co-branders or other partners, and employees, harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of your use of our service, your connection to the App and our services, your breach of applicable law, or your infringement of any rights of another person or entity.
18.1 Unless specified in the draw specific terms, all draws are sponsored by Winaton Limited, Office 7, 35-37 Ludgate Hill, London, EC4M 7JN
18.2 Neither Apple nor Google is a sponsor of Winaton or the prize draws, nor are they involved in the prize promotions.