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 may also be referred to as “we”, “us” and “our”. Participants of the Prize Draw may be 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 US 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 This Prize Draw is void in Puerto Rico and where prohibited by law.
3.3 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 the Prize Draw.
3.4 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.
3.5 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 reserve the right to 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 The Prize Draw is free and no entry fee is required 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 needed 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 on behalf of another person;
(c) submitted jointly or in bulk;
(d) illegible, fraudulent, 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 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 and this will be deemed sufficient. Therefore, we will not have any other obligation to communicate changes related to the closing date.
6. We are not responsible for failures to enter
6.1 We do not accept any responsibility for entries that fail to be successfully entered before the closing date or entries that are incomplete 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 through 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 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. Prizes may be withheld until and unless we are satisfied with the verification of winner’s eligibility and proof of identity. If you are the winner, you consent to the use of such personal information for this purpose.
8.4 The winner must confirm acceptance of the prize within seven days of being notified. If the winner fails to communicate acceptance of the prize to us within seven days, the prize will be deemed forfeited and we reserve the right to offer the prize to the next eligible entrant drawn at random.
8.5 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. However, you should be aware that by withdrawing your consent we may not be able to transfer the prize to you. Withdrawal of your consent before the transfer of the prize will therefore be deemed as withdrawal from the Prize Draw and you will have forfeited 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 will be only one prize and one winner in each Prize Draw.
9.2 The prize 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 an alternative prize, which we reasonably determine as a prize of equal 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 based on the contact information you provided to us.
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 as well as 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.
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 without prior notice and for any reason where it becomes necessary to do so.
12. LIMITATION OF LIABILITY
12.1 BY ENTERING THE PRIZE DRAW, YOU WAIVE ALL RIGHT TO, AND HOLD WINKEL LIMITED, ITS OFFICERS AND EMPLOYEES HARMLESS FROM, ANY CLAIM, ACTION, LIABILITY, LOSS, INJURY, DAMAGE OF ANY KIND (INCLUDING PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES), OR EXPENSE (INCLUDING ATTORNEYS' FEES) ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE PRIZE DRAW OR THE ACCEPTANCE, USE, OR MISUSE OF ANY PRIZE.
12.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE THE ABOVE MAY NOT APPLY TO YOU.
12.3 WINKEL LIMITED WILL NOT BE RESPONSIBLE FOR ANY LATE, INCOMPLETE, OR INCORRECT ENTRIES; YOUR FAILURE TO RECEIVE PRIZE NOTICES DUE TO YOUR SPAM, JUNK E-MAIL, OR OTHER SECURITY SETTINGS OR FOR YOUR PROVISION OF INCORRECT OR OTHERWISE NON-FUNCTIONING CONTACT INFORMATION; TECHNICAL, HARDWARE, OR SOFTWARE MALFUNCTIONS, LOST OR UNAVAILABLE NETWORK CONNECTIONS, OR FAILED, INCORRECT, INACCURATE, INCOMPLETE, GARBLED, OR DELAYED ELECTRONIC COMMUNICATIONS WHETHER CAUSED BY THE SENDER OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR USED IN THE PRIZE DRAW; BY ANY HUMAN ERROR WHICH MAY OCCUR IN THE PROCESSING OF THE ENTRIES IN THE PRIZE DRAW; OR ANY TYPOGRAPHICAL, TECHNOLOGICAL, OR OTHER ERROR IN THE PUBLISHING OF THE OFFER, ADMINISTRATION OF THE PRIZE DRAW, OR ANNOUNCEMENT OF THE PRIZE. IF, IN OUR OPINION, THERE IS SUCH AN ERROR, OR THERE IS ANY SUSPECTED EVIDENCE OF TAMPERING WITH ANY PORTION OF THE PRIZE DRAW, OR IF TECHNICAL DIFFICULTIES (INCLUDING VIRUSES AND BUGS) COMPROMISE THE INTEGRITY OF THE PRIZE DRAW, WE RESERVE THE RIGHT TO CANCEL OR MODIFY THE PRIZE DRAW. IN THE EVENT OF TERMINATION, WINNERS WILL BE SELECTED FROM AMONG ALL ELIGIBLE ENTRIES RECEIVED AS OF DATE OF TERMINATION.
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 and without additional compensation, 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 authority supervising prize draws in order 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. Breach of 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 or refuse to award you the prize.