Terms & Conditions
THE ONLINE GIVEAWAY GUYS LTD
Trading as ‘The Giveaway Guys’
Registered in England & Wales under Companies Act 1985.
Company No: 12399047
20-22 Wenlock Road
Phone: 0330 111 0652
Facebook page: facebook.com/theonelinegiveawayguys
The Giveaway Guys operate ‘Competitions’ – these are skill based games resulting in the allocation of prizes in accordance with these terms and conditions.
1.1 By entering a Competition you, the ‘Entrant’, 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. The Giveaway guys will not be held responsible for any Entrant entering a Competition unlawfully i.e. if the Competition breaches any laws in your country of residence. If you are in any doubt you should immediately leave the website and check with the relevant authorities in your country.
1.2 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.
1.3 You hereby agree that (a) the Website, the Competitions, account registration, and/or draws are for your own personal, non-commercial use, and (b) you are only allowed to use your account, and the Website, to enter Competitions as set out in these terms and conditions.
- Qualifying Persons
2.1 The Competitions are open for entry to all persons aged 18 or over, residing in the United Kingdom, excluding staff employed by The Giveaway Guys, their family, professional advisers or anyone else connected with the development or operation of the Website or conducts administration of the Competition in any way, shape or form.
2.2 In order to enter a Competition, you will need to register an account with us online. When registering an account online you will be asked to provide an email address, in addition to other personal details.
2.3 The Giveaway Guys reserves the right to refuse an Entrant’s entry, close an Entrant’s account at any time, or declare an entry null and void (with no refund being given) if the Entrant is deemed to be abusing the services by: engaging in any form of fraud (actual or apparent); being abusive to other customers or staff; engages in fraudulent misrepresentation and/or concealment; hacking or otherwise interfering with the functioning of the website.
- Competition Entry
3.1 You will need an online account with The Giveaway Guys to enter any Competition on the Website (see section 2.2).
3.2 The Promoter may run multiple competitions that will be operated at the same time and each Competition will have a specific prize. Each Competition will require the Entrant to exercise skill, knowledge, and judgement, to correctly answer a skill based question.
3.3 Competitions may be entered via the Website or by free postal entry. Availability and pricing of the Competitions are at the discretion of The Promoter and will be specified at the point of sale on the Website.
3.4 Maximum number of entries/tickets per Entrant will vary depending on each individual Competition, details can be found on the individual Competition page on the Website.
3.5 To enter a Competition online via the Website, follow the on-screen instructions to: select the Competition you wish to enter; select the number of tickets you wish to purchase (see section 3.4 for details on maximum number of entries); select the number assigned to each ticket; carefully read and confirm you agree to the Competition terms and conditions; then provide your contact and payment details (for entry fee only). Your card payment will be electronically approved by the payment provider. You will be contacted via email to confirm that your entry to the Competition is complete.
3.6 To enter a Competition by free postal entry please send an unenclosed postcard with the following details:
Name; address; date of birth; contact phone number; email address; name of prize/Competition you’d like to enter; and your answer for the Competition entry question.
Post to: The Giveaway Guys, PO Box 12909, Rosewell, EH19 9AP, United Kingdom.
You will not be notified to confirm your free postal entry has been received until the Competition has closed and the entry list completed. You will be notified via email, an entry list will be sent to you which will include your name and ticket number. Postal entries are limited to one Competition entry per postcard, with the maximum number of entries per Entrant detailed on each individual Competition page (see section 3.4). For a postal entry to be considered valid it must be received before the Competition closing date and must contain an Entrant’s personal details that exactly match those of a registered online account, you can register for an online account here.
3.7 The Promoter reserves the right to refuse and entry or disqualify any incomplete entries if it has reasonable grounds for believing that an Entrant has contravened any of these terms and conditions.
3.8 To the extent permitted by applicable law, 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 the cancellation of the Competition by the Promoter or any entries submitted after the Competition closing date.
3.9 The Promoter does not accept responsibility for entries which they do not receive due to high internet traffic, hardware failure, software failure, server faults, failures in computer systems, or any other reason.
3.10 All Entrants are automatically entered into The Giveaway Guys’ database for the purpose of conveying information as to the status of their Competition entry/entries, as well as any future Promotions or Competitions offered by The Giveaway Guys.
3.11 The Entrant agrees that the ‘Consumer Protection (Distance Selling) Regulations 2000’ for any goods and services ordered online to be supplied within 30 days will not apply to any Competition on the Website.
3.12 The Competition rules shall not create or be construed as creating any form of contract, joint venture or other agreement between any Entrant and the Promoter.
- Promotion Periods
4.1 Each Competition will run for a specified promotion period with the closing date of the Competition defined by, either, the maximum number of available tickets being sold, or, the chosen Competition closing date. Please see each individual Competition on the Website for these details.
4.2 The Promoter reserves the right to cancel a Competition at any time either before or after tickets have been sold, and refund entry fees to the Entrants as required. Refunds will be processed within a reasonable time frame, and once processed the Promoter shall have no further liability to the Entrant or any other person.
- Prize Draw
5.1 Details of the Prize Draw for a Competition will be confirmed once the Competition has been closed and will be announced within 48 hours via the Facebook page and/or the Website.
5.2 An entry list will be posted to the Website and/or the Facebook page prior to the Prize Draw.
5.3 Assigned ticket numbers for a Competition may be subject to change at any time until the entry list has been published.
5.4 The Giveaway Guys ‘Prize Draw’ is done using Google’s random number generator. The number of tickets sold per competition will determine how many numbers will be entered into the generator. Every draw will be live streamed on Facebook.
5.5 Due to the nature of the Prize Draw, there will be only one clear winner per Competition. Some competitions may have runner up prizes, details of this can be found on each individual Competition page on the Website.
5.8 In the event that a Competition closes early (see section 4.1) , the Winner will be selected from all valid and eligible entries received prior to the date of closure.
5.9 The Promoter’s decision is final and no correspondence will be entered into about the result of the Competition following the determination of the Winner as described above.
- Competition Winner
6.1 The Promoter will check the validity of the Winner’s entry by matching the details with an online account then attempt to contact the Competition Winner within 48 hours of the Prize Draw using the contact number and email address provided at the time of Entry and (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 submitted incorrectly, the Promoter will not be held responsible.
6.2 The Winner will forfeit the Prize if: (a) the Promoter is unable to contact a Winner within 7 days (this may be extended at the sole discretion of the Promoter) of the Prize Draw; (b) the Winner fails to confirm acceptance of the prize within 7 days of the Prize Draw; or (c) the Winner is disqualified as a result of contravening any of these terms and conditions. In the event of the Prize being forfeited, ownership of the Prize will remain with the Promoter and it may be used in a future Competition.
6.3 The Winner will be required to show proof of identification, either a valid UK Driving License or Passport, on delivery of the prize. This identification must match the personal details of the registered online account with www.thegiveawayguys.co.uk. Any failure to meet this obligation may result in the Winner being disqualified and the Promoter retaining the Prize. Following receipt and verification of the details requested above, the Winner will be contacted in order to make arrangements for delivery of the Prize. The Prize may not be claimed by a Third Party on your behalf.
6.4 The Winner will 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 future Competitions, and in identifying them as a winner of a Competition.
- Winners’ Personal Data
7.1 By entering a Competition, you, the Entrant, agree to the use of your name, home town, and photographs and videos or other likeness to be used for public relations and marketing purposes as required by the Promoter if you are declared a Winner.
7.2 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.
- Competition Prizes
8.1 The Prizes are selected, and 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. The Prize will only be that as awarded at the time of the Prize Draw, no alternatives will be offered under any circumstances.
8.2 For all Prizes, except Holidays (see section 8.4), the Promoter will take no responsibility for the Prize awarded after delivery. There is no insurance, tax, or warranty that comes with the Prizes and the Promoter cannot be held responsible for the Prize or any costs it incurs once handed over to the Winner.
8.3 The Promoter will not provide any warranty or accept any valuation to the Prize or guarantee functionality/ roadworthiness in any way, shape, or form. The Entrant must make up their own decision through their own enquiries and legal advice before entering the Competition.
8.4 In the case of the Prize being a holiday package, it is the responsibility of the Winner to ensure that they, and any other persons they will be travelling with have: a valid Passport if required; valid visas and any other necessary travel documents required for the destination; and travel insurance on the dates that the Prize is scheduled for.
8.5 Delivery of the Prize to the Winner is free to an agreed United Kingdom mainland address. The Promoter reserves the right to charge a delivery fee if the Winner wants to change the delivery address after the delivery has already been agreed upon, or if the Winner wants to have the Prize delivered to an address outside of the United Kingdom mainland.
8.6 All Entrant expenses are the sole responsibility of the Winner.
8.7 All prizes are subject to the terms and conditions of the Promoter, the Prize manufacturer, and/or the Prize supplier.
- Limits of Liability
9.1 The Promoter accepts no liability for omissions or errors in the description and details of the Prize anywhere on the Website. Save for death or personal injury as a result of an omission or error as mentioned, the Promoter (including their agents and employees) will not be liable for any loss, including economic loss, suffered by any person or property. It is the responsibility of the Entrant, and ultimately the Winner, to satisfy him/herself as to the accuracy of any such details of the Prize.
9.2 The Promoter will not be liable for any loss suffered by an Entrant as a result of incomplete entries or failed communications with the Promoter. The Promoter will also not be responsible for any loss as a result of use of the Website.
9.3 If any of these terms and conditions are judged to be invalid, illegal, or unenforceable, this shall not affect the other provisions written here.
- Electronic Communications
10.1 No responsibility will be accepted 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.
10.2 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 Prize and award it to the correct Entrant, at its sole discretion and without admission of liability.
10.3 In the event that a Competition is closed without selecting a Winner, The Giveaway Guys will give all entrants Game Credit to enable them to replay equivalent tickets in a subsequent competition. The Promoter also reserves the right at its sole discretion to extend the closing date of any Competition. 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 Giveaway Guys 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. For the avoidance of doubt, only the ticket recorded in our systems, however displayed or calculated, shall be entered into the relevant Competition and the Promoter shall not be held liable for any Entries that occur as a result of malfunctioning software or other event.
- 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 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.
PROMOTER: The Online Giveaway Guys Ltd
ENTRANT: You, the customer
COMPETITION: All competitions advertised on the website
WINNER: The Entrant with the ticket number matching that drawn for each individual competition
PRIZE DRAW: The live draw of each competition
Personal information you disclose to us
Information automatically collected
- Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our
Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps') and hardware settings).
- Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the
Website . Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.
- Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the
Website . For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.
- To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
- To post testimonials. We post testimonials on our
Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at firstname.lastname@example.org and be sure to include your name, testimonial location, and contact information.
- Request feedback. We may use your information to request feedback and to contact you about your use of our
- To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.
- To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
- To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
- To protect our Services. We may use your information as part of our efforts to keep our
Website safe and secure (for example, for fraud monitoring and prevention).
- To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
- To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
- Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the
- Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.
- To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.
- To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
- To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our
Website , subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS?" below).
- Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
- Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
- Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
- Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
- Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
Contact us using the contact information provided. Contact us using the contact information provided.