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Terms and Conditions (The “Terms & Conditions”)

Win Me Now Limited: a company registered in England with Company Number 08881657 and whose registered address is situated at  29 Grampian Flats, Balmoral Road, Westcliff On Sea, Essex, SS0 7DH, England: the business (“the Business”)

Entrants: the competitors (the “Competitors”) are persons over the age of 18 years old, resident in an eligible jurisdiction that make a non-refundable payment via one of the specified payment methods to participant in the Competitions.

Competitions: the purpose of the competition (the “Competition”) is to win one of the Prizes. The Competition is the processes used by the Business to determine via knowledge, skill and judgement where the centre of the ball would fall had it not been removed from the different pictures.

Prizes: the prizes (the “Prizes”) are the items offered by the Business and won by the Competitors.

Prize fund: the prize fund (the “Prize Fund”) is the amount of money that will be awarded if any of the Competitions have not enough Competitors within the relevant Competition Period to make the award of the Prizes viable.

Competition Period: the competition period (the “Competition Period”) is the specified time period made available for Competitors to enter the Competition.

Entry Fee: the entry fee (the “Entry Fee”) is the specified amount to be paid by the Competitor in order to enter into the Competition.

General:

Competition Winners: the competition winner (the “Competition Winner”) is the Competitor that is deemed by the Business using knowledge, skill and judgement to have placed the ball in the closest position to where the ball would fall had it not been removed from the relevant picture.

1 - By entering any of the Competitions the Competitors are deemed to have read and accepted these Terms & Conditions and agree to be bound by them.

2 - Competitors acknowledge and agree that in accepting these Terms & Conditions they do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether or not such person is a party to these Terms & Conditions).

3 - Upon entering any of the Competitions all Competitors must submit all contact details requested by the Business which will be used for the following purposes: (a) to notify the winner of the Competition that they have won the Prize; (b) to post the winner's name and town of residence on the website. (c) To comply with the Privacy Policy. If this condition is not met the entry will be invalid and the Entry Fee will be forfeited by the Competitor.

4 - By entering any of the Competitions Competitors warrant that all information which they submit is accurate, true, current and complete. The Business reserve the right to disqualify any entry (entirely at their own discretion) if there are reasonable grounds to believe the Competitor has acted in breach of any of these Terms & Conditions

5 - Competitors are responsible for providing the Business with accurate and current contact details.

6 - The Business will be in no way liable for any failure or inability to make contact with any Competitor for any reason including reason of any errors, omissions or inaccuracies in the contact details provided by the Competitor or otherwise.

7 - Privacy Policy - The Competitors and the Business recognise that the Business may use contact details and other data including personal data as defined by the Data Protection Act 1998 supplied by the Competitors to the Business to administer the website and conduct the Competition according to these Terms & Conditions. The Competitors and the Business also recognise that the Business may (either by choice or at the request of a third party) also disclose this information to relevant third parties for the purposes of the prevention of fraud, money laundering, legal or other financial or regulatory reasons.

8 - The Competitions are open for entry to anyone aged 18 or over who reside in an eligible jurisdiction excluding the Business, their family, agents, employees, professional advisers or anyone else connected with operation of the Competitions. Any Competitor submitting an entry in contravention of this condition shall have their entry disqualified and shall forfeit the Entry Fee paid.

9 - Entries are valid only if made via the Website in accordance with these Terms & Conditions.

10 - By entering into any Competition all Competitors acknowledge that their payment of Entry Fees to complete the entry, does not guarantee in any way that they will win one of the Prizes.

11 - The Prizes have been valued by comparison to others of similar description. The Business is not responsible or liable in any way for the valuations given of the Prizes by any party and makes no representation or warranty in respect of the valuation accuracy.

12 - The Competitors recognise that the Competitions are Prize Competitions in accordance with Section 14(5) of the Gambling Act 2005 and that to win the Competitions via completing the task on the website depends to a substantial degree on the exercise of the skill, judgment and knowledge of the Competitors and that the Prizes are not allocated wholly by chance.

13 - The Competitors and the Business recognise that the Competitions, their administration and all associated activities are governed by English Law and the Business and Competitors recognise that the County or High Courts of England shall have exclusive jurisdiction in the event of any dispute arising out of the Competition or its administration.

14 - Competitors who are not UK residents warrant by their entry into the Competition that they are not in contravention of the laws of their country of residence. The Business accepts no liability for entries submitted by Competitors in contravention of the laws of their country of residence.

15 - By entering any of the Competitions entrants warrant that all information which they submit is accurate, true, current and complete. The Promoters reserve the right to disqualify any entrant (entirely at their own discretion) if there are reasonable grounds to believe the entrant has acted in breach of any of these Terms and Conditions.

16 - Competitors will receive a confirmation email upon acceptance of the Entry Fee and that notification will be confirmation that the entry has been accepted.

17 - The Business reserves the right to amend the Terms & Conditions at any time and for any reason. Any amendment will be valid from the time that the amended Terms & Conditions are posted on the website.

18 - Any payments made in connection with the Competitions are to be made in pounds Sterling.

19 - The Entry Fees are the amounts paid per entry, which is payable through the website.

20 -The Prizes will be transferred to the Competition Winner/s with clear title and free from any claims as at the closing of the Competition Period.

21 - English is the only language in which a Competitor may submit an entry, or communicate with the Business.

22 - The process to determine the Competition Winner will begin the day after the last day of the Competition Period and a final decision will be made within 7 days of that date.

23 - In completing the entry the Competitor recognises that they must exercise skill and judgment to give the correct answer.

24 - Entry to any Competition will only be confirmed after successful submission of an entry, the completion of the contact details requested and approval of the payment. Problems with payment are not the responsibility of the Business. Any problems with payment will eliminate the Competitor from the Competition.

25 – Each Competition will have its own closing date at the end of the Competition Period. When 23.59hrs pm of each the closing date is reached the Competition will close.

26 - All Entries to any Competition is final and no refunds shall be made at any time or for any reason. All Entries become the property of the Business on successful submission of any Entry to any Competition.

27 – The Competition Winners of the Prizes will be the Entrants whose Entries are correct by way of using knowledge, skill and judgement. The correct and winning Entry will be the person who is able to choose a pixel within the picture displayed to establish which Entry is nearest to the centre of the missing ball, as determined by the panel of judges. In the event of a tie for a correct answer. A second picture will be offered in the same manner to determine the winner and continued to be offered with further pictures until a winner is determined. The determination of the winner will be by a panel of judges to include a representative of the Business.

28 - The Business’s decision in respect of any other matter or dispute arising from the payment or awarding or non-payment or non-awarding of Prizes shall be final and binding upon all Entrants and any other person or persons having any interest in the matter or dispute. No correspondence will be entered into about the results of any Competitions following the determination of the Competition Winners.

29 - Within 7 days of any Closing Dates the any Competition Winner will be required to forward by recorded delivery a copy of their passport or driving licence to the Business to prove their identity and that their Entry was made using a valid debit/credit card belonging to the Competitor or used with the express authorisation of the card holder. Any Competition Winner must also provide evidence of their payment of the Entry Fee and any transaction number or reference associated with it. Production of a copy of the e-mail issued in accordance with condition 16 above shall be sufficient evidence of payment of the Entry Fee.

30 - Each Competitor agrees that the usual requirement under the Consumer Protection (Distance Selling) Regulations 2000 for any goods and services ordered online to be supplied within 30 days will not apply to this Competition.

31 - If any Competition Winner cannot be contacted by the Business within 28 days of being notified of their status, as the Competition Winner, by e-mail, telephone or mail to the contact details submitted in their entry, the Business shall be entitled to award the Prize to the Competitor selected by drawing the next nearest to centre of the ball entry. This further Competition Winner shall have 7 days from notification of their status by the Business to communicate their acceptance of the Prize.

32 - (a) If a Competition Winner declines to accept the Prize then the Business shall be entitled to award the Prize to another Competitor selected by drawing another Entry in the same way as before. This further Competition Winner shall have 7 days from notification of their status by the Business to communicate their acceptance of the Prize. (b) If awarding any Prize(s) to a Competition Winner would be in breach of English Law then the Business shall be entitled to award the Prize to the Competitor selected by drawing another Entry.

33 - The Competition Winner will be required to sign a transfer deed or other legal equivalent to transfer the Prize into the Competition Winner’s names within 31 days of winning the of the Prize. The Competition Winner will be responsible for the registration of themselves as the owners of their respective Prizes at the appropriate places for example Land Registry for property or DVLA for cars registered in the UK. Any Competition Winner will accept the Prizes in the physical state they are in as at the date of the transfer of ownership to them. The Prizes are subject to any matters which are unregistered interests which override first registration under Schedule 1 Land Registration Act 2002 and/or unregistered interests which override registered dispositions under Schedule 3 Land Registration Act 2002 and subject to any charges regulations designations or restrictions made or imposed by or under the Town & Country Planning Acts or any statutory modification or re-enactment thereof and to any development plans made or proposed by the Local Planning Authority and to all requirements orders notices made or given by any local or other authority and to any local land charges affecting the same.

34 - During the subsistence of the Competition the Business may substitute a new picture on the website in substitution of the original picture posted there (the newer picture) and completion of the newer picture shall thereafter constitute an Entry.

35 - If no correct Entry is received then there is no Competition Winner of the Competition.

36 - The Competition Period Closing Date is advertised on the web site and is different for each competition, provided that

  • (a) If the number of Competitors does not reach 100 % of the required Entries by the Closing Date the Business reserves the right to extend the Closing Date by up to 3 months at their discretion.
  • (b) If the number of Competitors does not reach 100 % of the required Entries by the Closing Date or if no correct Entry is received by the Closing Date then, if the Business elects not to extend the Closing Date the Business may elect to either:
  • (i) Award the Prizes regardless of the number of Entries being less than 100 % of the required Entries; or
  • (ii) Close the Competition and award financial prizes. In this event the prizes will no longer be the prizes listed. Instead it will then become the Prize Fund of each competition. The amount of the Prize Fund will be determined by calculating the proceeds of the Competition using the following formula ‘number of competitors x entry fee (less administration costs including processing fees).
  • (c) If the number of Competitors reaches 100 % of the required entries before the closing date then the Business may bring forward the Closing Date to the date when the number of Competitors reaches 100 % of the required entries. The Business shall update the website on the close of the Competition and no further Entries will be valid
  • .

    37 - The Competition Winners of the Competitions will then be determined in accordance with the method described in clause 27 above;

    38 - The Business will retain up to 25% of the Entry Fees received to cover administration and marketing and processing fees. The remaining balance (following deduction of this sum) is the Prize Fund. (a) Where condition 36(b) (ii) applies the Prize Fund will be distributed to the Competition Winner. (b) Where condition 43 applies the Prize Fund will be returned to all Competitors.

    39 - All Entry Fees minus administration and marketing and processing fees, will be maintained in a separate bank account (an Escrow account) by the Business until the Competition Winner has been determined.

    40 - Any Competition Winner agrees to allow the Business to display his or her name and if available their photo on the Website in accordance with the Privacy Policy. The name, age photo and town of residence of the Winner will be posted on the Website for the purposes of announcing the Competition Winner of the Competition within 24 hours of the Competition Winner being determined.

    41 - Any Competition Winner agrees to media coverage if the opportunity is available.

    42 - Competitors authorise the Business to enter their personal details into their database and to use the information for marketing and in general accordance with the provisions of the Data Protection Act 1998 and subject to the terms of Privacy Policy.

    43 - The Business reserves the right to cancel any Competition at any time either before or after tickets have been sold. If a Competition is cancelled, the Business will return the Entry Fees to each Competitor (either by bank card refund or by cheque and in one combined payment where several entries have been made by a competitor) less the percentage referred to in condition 38. Where the Entry Fee is returned, the Business shall have no further liability to the Competitor or to any other person.

    44 - The Business makes no representation or warranty as to the valuation of the Prizes, its structural or cosmetic condition, its ability to be used for the purpose expected, or its ability to be sold. Competitors should make and rely on their own enquiries and legal advice about the Prizes before entering the Competition. In general terms, it is understood and accepted that the prize may not be owned by the Business and the Business may not be held responsible in those circumstances for any loss or damage that may occur to an Competitor or their representative from using or having the benefit and enjoyment of the prize. Such claim, if any, must be directed to the owner of the prize.

    45 - Nothing in these Rules shall exclude or limit any person’s liability for (i) fraud; (ii) death or personal injury caused by its negligence (as defined in section 1 of the Unfair Contract Terms Act 1977); or (iii) which it is not lawfully permitted to exclude or limit.

    46 - The Business shall not in any circumstances be liable for any loss of whatever nature, including, without limitation, loss of profits, indirect, special or consequential loss, suffered or incurred by any Competitor, any claimant or any other person arising from the participation or non-participation of any person in the Competition including the loss, for whatever reason, of the chance to participate in the Competition. In particular, but without prejudice to the generality of the foregoing, the Business shall not be liable to any person:
    (i) for any event beyond the Business’s reasonable control including, but without limitation, any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest, power cut and/or failure or obstruction of any network, broadcasting or telecommunications service;
    (ii) for the failure of, or damage or destruction to, or any errors caused by the computer systems or records of the Business or any third party (including, without limitation, the Website and/or the computer server), or any part of any of the foregoing;
    (iii) For delays, losses, errors or omissions in or made by any delivery service or by the banking system. In particular if the bank with which the Entry fees are maintained should fail and the money is lost (in whole or in part) then the Competition shall close and any funds left will be dealt with in accordance with condition 38;
    (iv) For any other action or event which prevents or hinders the conduct of the Competition;
    (v) For the refusal to allow any person to enter the Competition;
    (vi) for any losses caused by Competitors including misuse or unauthorised use of passwords or mobiles, money lost by entering the Competition and failure or malfunction of the equipment or technology of the relevant Competitor or his internet service provider or mobile telecommunications network operator;
    (vii) for any loss incurred as a result of any act or omission of the Business or their agents in developing, planning and administrating the Competition transferring the Prizes or distributing the Prize Fund to the Competition Winner, or following the transfer of the Prizes or distribution of the Prize Fund;
    (viii) for any loss suffered by an Competitor as a result of incomplete Entries or failed computer communications or for any loss suffered as a result of use of the Website; and
    (ix) for the Prizes being unusable for occupation or use or unsuitable for the requirements of the Competition Winner at the date on which ownership is transferred to the Competition Winner as a result of any damage or event.

    47 - The Business accepts no liability for errors or omissions contained within the Prize details, description or specification or any other part of the Website. It is the responsibility of each Competitor (and in particular the Competition Winner) to satisfy him/herself as to the accuracy of any such details and/or any content of this website.

    48 - The Business may introduce a counter onto the Website at any time in order to indicate the current level of entries accepted.

    49 - The Business does not accept responsibility for entries which they do not receive due to failures in computer systems, other malfunctions, high Internet traffic, hardware failure, software failure, server faults or any other reason. It is the responsibility of the Competitors to contact the recipient of the Entry Fee if they have not received confirmation of their entry; the Business is not responsible for the transaction.

    50 - These Terms & Conditions shall not create or be construed as creating any form of contract, joint venture or other agreement between any Competitor and the Business.

    51 - An entry shall be declared void (without any refund being given) if the Competitor engages in any form of fraud (actual or apparent); (b) fraudulent misrepresentation; (c) fraudulent concealment; (d) hacking or interference with the proper functioning of the website; or (e) amending, or unauthorised use of, any of the code that constitutes the Website.

    52 - It is the responsibility of each Competitor to retain a copy of these Terms & Conditions for their future reference and as evidence that their Entry has been successfully submitted.

    53 - Nothing in these Terms & Conditions shall exclude or limit any person’s liability which it is not lawfully permitted to exclude or limit.

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