SOCIAL MEDIA PRIZE DRAW
TERMS AND CONDITIONS
1. The Promoter
1.1 The promoter of the monthly social media Prize Draw (“Prize Draw”) is Winkel Limited, a company registered in England and Wales with its registered office address at C/O Cox Costello & Horne Fourth & Fifth Floors, 14-15 Lower Grosvenor Place, London, England, SW1W 0EX. Our company registration number is 11645373 and our VAT registration number is 336714496.
1.2 If you have any questions about this Prize Draw, or you need help with your entry, or would like to contact us for any other reason, please do so via e-mail at firstname.lastname@example.org or by sending us a direct message via our Facebook or Instagram profiles.
2. These terms and conditions
2.1 In these terms and conditions, Winkel Limited is also referred to as “we”, “us” and “our”. Participants of the Prize Draw are referred to as “you”, “your” and “yours”.
2.2 These terms and conditions (“Terms”) apply to all Prize Draws organised by us.
2.3 These Terms are only available in English. No other languages will apply.
2.4 When you choose to enter a Prize Draw, you are deemed to have accepted these Terms and to have agreed to be bound by these Terms.
2.5 We reserve the right to review and revise these Terms at any time without giving prior notice and by continuing to take part in the Prize Draw subsequent to any revision of these Terms, you will be deemed to have agreed to any such new or amended terms.
3. Who is eligible to participate
3.1 The Prize Draw is open to all UK residents aged 18 years or over, except for employees of the promoter, their families, agents or any third party directly associated with administration of the Prize Draw.
3.2 You must have a working internet connection and a mobile device enabling you to download and use mobile applications in order to participate in the Prize Draw, since you need our mobile application (“App”) to enter.
3.3 Only users of our App who have previously won a gift card or a cash prize (“Reward”) by playing one of the games available in our App will be offered the opportunity to participate in the Prize Draw.
3.4 Upon entering the Prize Draw, you warrant that you are eligible to participate and that all information submitted by you is true, current, and complete. We may request you to provide us with adequate proof within a reasonable time to enable us to verify your eligibility. Failure to comply with our request may result in disqualifying you from the Prize Draw.
4. How to freely enter the Prize Draw
4.1 If you have won a Reward, you will receive a confirmation e-mail from us confirming your Reward. That e-mail will also contain instructions on how to enter the Prize Draw. In order to enter the Prize Draw you must provide us with a photograph/image of yourself as described in the e-mail. Please read clause 13 in relation to our use of your image.
4.2 You are allowed to submit one entry per person/account only.
4.3 No entry fee is payable in order to submit an entry. Our App is freely available for download in the app store. The only costs you may incur in order to enter the Prize Draw are the costs you pay for the internet connection you need to download, access and use our App.
4.4 We do not accept entries that 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
5. Opening and closing dates
5.1 The Prize Draw takes place at the end of every month.
5.2 The opening and closing dates and times for entries are specified in the instruction e-mail. Any dates and times displayed refer to the UK time zone (GMT). Any entries received after the closing date and time will not be considered for the Prize Draw.
5.3 We will not change the closing date and time, unless unavoidable circumstances beyond our reasonable control make it absolutely necessary to do so. Should we have to change the closing date, the new closing date and time will be clearly displayed in the App.
6. We are not responsible for failures to enter
6.1 We do not accept any responsibility for entries not successfully completed or lost due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.
7. How and when a winner is chosen
7.1 All eligible entries will be placed into the Prize Draw and the winner will be chosen at random by a computerized process.
7.2 The draw will take place as soon as reasonably possible after the closing date, but in any event within 24 hours of the closing date and time.
7.3 Our decision regarding any aspect of the Prize Draw is final and binding and no correspondence will be entered into about it.
8. How the winner is notified and how to cash your prize
8.1 The winner will be notified via social media and by e-mail, using the e-mail address you have provided us with, within 24 hours of the completion of the draw.
8.2 The winner will not have to incur any costs to claim a prize.
8.3 The winner may be required to provide us with further personal information and proof of
identity in order to confirm the winner’s eligibility to claim the prize and to transfer ownership of the prize to the winner. If you are a winner, you consent to the use of such personal information for this purpose.
8.4 You are entitled to request further details about how your personal information is being used. You may also withdraw your consent to your personal information being used but you should be aware that by doing so we may not be able to transfer the prize to you. Withdrawal of your consent before the prize is being transferred will therefore be deemed your withdrawal from the Prize Draw and you will forfeit your right to receive the prize. We reserve the right to offer the prize to the next eligible participant selected from the correct entries received before the closing date. If you withdraw your consent to use your personal information before the closing date you will also be deemed to have withdrawn from the Prize Draw.
9. The prize
9.1 The winner will receive the prize as described in the e-mail with instructions on how to enter the Prize Draw. There is one prize and one winner in each Prize Draw.
9.2 The prize for the winner is non-negotiable, non-exchangeable and non-transferable.
9.3 The prize is subject to availability. We reserve the right to substitute the prize with a prize of equal or greater value, including a cash alternative, if the prize is unavailable or if circumstances beyond our reasonable control make it necessary for us to do so.
9.4 In the event the prize is changed in accordance with the above provisions, we will communicate this to you.
10. Publication of winner’s details
10.1 We must either publish or make available information that indicates that a valid award took place. To comply with this obligation we will publish the surname and county of major prize winners and copies of their winning entries (which includes their photograph/image, see clause 13 below), on our social media profiles (Facebook, Instagram and Twitter).
10.2 If you object to any or all of your surname, county and winning entry being published or made available, please contact us. In such circumstances, we must still provide the information and winning entry to the Advertising Standards Authority on request.
11. Right to cancel or amend a Prize Draw
11.1 We reserve the right to hold void, cancel, suspend, or amend a Prize Draw where it becomes necessary to do so.
12. Limitation of liability
12.1 Insofar as is permitted by law, we, our agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by our negligence, or our agents or distributors’ negligence or that of their employees. Your statutory rights are not affected.
13. Image release
13.1 For the purpose of participating in the Prize Draw, we will publish your entry on our social media channels, including, but not limited to Facebook, Instagram and Twitter. Your entry must include a photograph/image of yourself.
13.2 If you enter the Prize Draw and provide us with a photograph/image, you hereby grant us a non-exclusive, royalty-free, worldwide right to use, display, publish, transmit, copy, edit, alter, store and re-format your photograph/image on our social media channels for the purpose of participating in the Prize Draw and for the purpose of announcing the winner. You hereby consent to our use of your image as part of your entry. You hereby waive any privacy or publicity rights you may have in such entry.
13.3 We may also use your entry for publicity purposes. If you do not wish to participate in any publicity, you must notify us prior to the closing date of the Prize Draw. This will not affect your chances of winning the prize. If you do not agree to participate in any publicity about the Prize Draw, we may still provide your details to the Advertising Standards Authority. This is a legal requirement that we must comply with to prove that the Prize Draw has been properly administered and the prize awarded.
13.4 You have the right to withdraw the consent you have given at any time by contacting us. This will not affect the lawfulness of any processing carried out by us before you withdraw your consent. Should you, however, withdraw your consent at any time before the closing date, you will not be eligible to participate in the Prize Draw.
14. Personal Information
14.2 Your personal information supplied during the course of the Prize Draw may be passed on to third party suppliers only insofar as required for fulfilment, delivery, or arrangement of the prize.
14.4 Please also note clause 10 in relation to the announcement of winners and clause 13 in relation to the use of your photograph/image.
15. General terms
15.1 If there is any reason to believe that there has been a breach of these Terms, we may, at our sole discretion, exclude you from participating in the Prize Draw.
15.2 These Terms are governed by English law and you submit to the jurisdiction of the English courts.