Effective as of 2023-02-14

TERMS AND CONDITIONS - ENTRY

IMPORTANT NOTICE

The Promoter reserves the right to alter these Terms and Conditions at any time. Where alterations constitute a material change, users will be notified through the e-mail associated with their account. What constitutes a material change shall be determined by Us at our sole discretion, in good faith, using common sense.

A prudent Entrant of any competition will:

• read these Terms and Conditions;
• check the content of all available documents relating to the competition and the Prize; and
• take professional advice where appropriate.

These Terms and Conditions assume that each Entrant and Winner has acted like a prudent individual. If you choose to participate in a competition without taking normal precautions, you do so at your own risk.

If you enter a competition or otherwise participate in a competition it is on the basis that you accept these Terms and Conditions. They govern the Promoter’s relationship with you.

The Promoter does not offer any competitions in any jurisdiction where such an offer or solicitation is unlawful or would impose any unfulfilled registration, qualification, publication or approval requirements. Accordingly, it is your responsibility to ensure that you are not located in a jurisdiction where it is not unlawful for you to enter in, participate or host such competitions.

A. General

1. By entering any Draw via the Website, Entrants confirm that they have read and accept these Terms and Conditions and agree to be bound by them. By entering any Draw by Paper Entry, each Entrant must first confirm that they have read and accept these Terms and Conditions and agree to be bound by them (see 12 below for free Paper Entry method).
2. When entering a Draw either via the Website by paid Entry or via Paper Entry, Entrants must submit their contact details as required by the Promoter which will be used for the following purposes:

1. to notify the Winner of the Draw that they have won a Prize;
2. to post the Winner’s initials and town of residence on the Website; and
3. in any other way set out in the Privacy Policy.

3. All Entrants are solely and completely responsible for providing the Promoter with accurate and current contact details.
4. The Promoter will in no way be liable for any failure or inability to make contact with any Entrant due to any errors, omissions or inaccuracies in the contact details provided by the Entrants or otherwise.

B. The Draw

5. A Draw is open only to individuals (a) located (at the time of their entry to a Draw) in a jurisdiction where it is lawful to enter a competition, and (b) who are over the age of 18. If an Entrant is found to be under the age of 18, any Prize allocation will be null and void.
6. The following people may not enter any Draw:

1. employees or shareholders of the Promoter;
2. members of the immediate families or households of (a) above.

7. Entrants acknowledge that payment to enter a Draw does not guarantee that they will win a Prize.
8. The Entrants and the Promoter recognise that the Draw, its administration and all associated activities are governed by the laws of England and Wales and acknowledge that the courts of England and Wales will have exclusive jurisdiction in the event of any dispute arising out of the Draw or its administration.
9. The Promoter reserves the right to refuse an Entry or to disqualify any Entrant if it has reasonable grounds for believing that an Entrant has contravened any of these terms and conditions or acted in a way that is reasonably considered by the Promoter to be illegal.

C. Entry to the Draw

10. Where applicable, each Draw will state the maximum amount of Entries available.
11. In order to enter a competition, each Entrant must either:

1. Select the paid entry option which requires them to support a campaign by paying one of the approved payment method listed, or

2. submit a postal entry in accordance with paragraph 12-15.

12. Free Paper Entry Route: – Entrants can enter any Prize Draw for free by submitting a postcard stating the Draw name they would like to enter, along with the following:

• Full name
• Date of birth
• Paper address
• E-mail address
• Contact telephone number

13. Paper Entries must be posted to 20-22 Wenlock Road N1 7GU
14. Paper Entries must be received by the Promoter in accordance with clause D below. Paper Entries received after this time will not be included in the Draw.
15. Bulk Paper Entries will not be permitted.
16. Where a maximum number of Entries applies, this will be displayed on the Draw page, this applies equally to the Paper Entry and Website Entry methods, a maximum number of Entries will be per individual or residential address.
17. All Entries to the Draw are final and no refunds shall be made at any time or for any reason, except in the case of Entries submitted after the Closing Date or if the Promoter cancels the Draw (see H below).
18. The Promoter’s decision is final and no correspondence will be entered into about the result of the Draw.
19. Entrants agree 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 any Draw run by the Promoter.
20. If you make a monetary payment to The Winnr to enter any Draw, we will donate all of the Net Proceeds to the applicable charity/charities or good cause(s) listed in connection with each Daw (each a Donation). Net proceeds means your entry fee, minus (a) the costs associated with providing the Prize(s), and (b) the reasonable costs of marketing, advertising and operating the Prize Draw (such costs in (b) will unless otherwise stated be 15% of the total entry fees. The charitable beneficiary or good cause of the Donation will be clearly stated in connection with each Draw.

D. Closing Date of the Draw

21. Each Draw will close when either the stated number of Entries to each Draw have been reached, or the date and time shown in each Draw as the Closing Date is reached or where no date is stated, three (3) months from the start of the Draw. All online Entries must be received by 23:59:59 (GMT) on the Closing Date of the Draw and all Paper Entries must be received by 17:00:00 (GMT) 24 hours before the Closing Date of the Draw.

E. Selection of the Winner

22. The Winner will be selected at random from the list of Entrants (combining both Paid and Paper Entries) using the Random Number Generator Software.
23. Any Winner whose payment transaction has been cancelled, reversed or is subject to any chargeback (before or after a Draw) will not be permitted to claim a Prize.
24. There will only be one Winner per Prize, the number of Prizes will be displayed on the Draw page.
25. The Promoter will try to contact each Winner by e-mail or telephone only, using the contact details held in the Entrant’s account. The Prize may not be claimed by a third party on the Winner’s behalf.
26. If a Winner cannot be contacted by the Promoter within 14 days of a Draw, then the Winner’s Prize will be forfeited and the Promoter reserves the right to select an alternative Winner using the same method as clause 21. The alternative Winner will then be notified in the same way and will have 14 days to accept the Prize.
27. The original Winner will have no claim to a Prize once an alternative Winner has been selected.
28. The decision of the Promoter regarding any aspect of the Draw is final and binding and no correspondence will be entered into about it.

F. Prize

29. Responsibility for Prizes and the remainder of the obligations under this clause F will remain with the Promoter for its own Feature Draws, but otherwise be the responsibility of the Host in relation to all other Draws. Title to a Prize is retained by the Promoter (or Host) until it is handed over to the Winner. Once the Winner takes possession of the Prize all risk and title in the Prize passes to the Winner.
30. The Promoter (or Host) does not imply or give any warranty in relation to a Prize or warrant the value or condition of a Prize.
31. The Prize is as stated in each Draw. No cash alternative or alternative Prize will be offered by the Promoter (or Host).
32. The Prize can be delivered to the Winner or collected from the Promoter (or Host), at the Winner’s election. Collection of the Prize is the sole responsibility of the Winner. Unless alternative arrangements are agreed between the parties, the Prize must be collected from the Promoter (or Host)’s address. The Promoter (or Host) will pay for the cost of delivering the Prize to the Winner at Winner’s address in the United Kingdom and will insure the Prize until it is delivered to Winner’s address.
33. The Winner may be required to provide proof of their identity and/or age at the time the Prize is collected or delivered.
34. The Winner is responsible for all taxes, duties and charges in relation to receipt of the Prize.
35. Covid Restrictions and rules will apply for any Prizes that include the Winner meeting any individuals including high profile celebrities and/or athletes.
36. The Winner must grant permission to the Promoter (and/or the Host) to film them receiving their Prize and grant that the Winner will take part in any promotional material organised by the Promoter.
37. The Promoter (or Host) is not obliged to reschedule the Prize day however will do all it can to accommodate the Winner where possible.
38. When the Prize includes high profile celebrities or athletes the Promoter (or Host) is not liable for any last minute changes to the Prize or experience.
39. All Entrants accept agree that the Promoter’s decision on the conduct of any Draw is final.

G. Miscellaneous

40. The Promoter will publish information indicating that the Draw took place and a Winner was awarded the Prize. The Winner will be given the option to consent to the Promoter displaying their full name and photograph or other personal details on the Website. Where consent is given, the Winner’s name, town and photo will be posted on the Website in accordance with the Privacy Policy.
41. The Winner will be given the option to consent to photo(s) and or video(s) being taken for promotional purposes.
42. Entrants authorise the Promoter to enter their personal details into Promoter’s database and to use the information in accordance with the provisions of the Data Protection Act 2018 and subject to the terms of Privacy Policy.
43. The Promoter will not be liable for any loss (including economic loss) suffered to or sustained by any person or property as a result of any act or omission, nor will their servants or their agents in developing, planning and administrating the Draw, distributing the Prize to the Winner or following the distribution of the Prize.
44. The Promoter 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 Entrant (and in particular the Winner) to satisfy him/herself as to the accuracy of any such details and/or any content of this Website.
45. The Promoter will not be liable for any loss suffered by an Entrant as a result of incomplete Entries or failed computer communications or for any loss suffered as a result of use of the Website.
46. The Promoter does not accept responsibility for any Entry 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.
47. An Entry shall be declared void (without any refund being given) if the Entrant engages in: (a) 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.
48. These Terms and Conditions shall not create or be construed as creating any form of joint venture or other agreement between any Entrant and the Promoters.

H. Cancellation

49. The Promoter reserves the right to cancel any Draw at any time either before or after Entries have been sold. If a Draw is cancelled, the Promoter will notify each Entrant at the email address they have provided and return any payment made by an Entrant by the same method as payment was made. Where a payment has been refunded, the Promoter will have no further liability to the Entrant or to any other person.

I. Data and Privacy Policy

50. Each Entrant and the Promoter recognise that the Promoter may use contact details and other data including personal data as defined by the Data Protection Act 2018 supplied by an Entrant to the Promoter to both administer the Website and conduct the Draw in accordance with these Terms and Conditions and as set out in the Privacy Policy.
51. Each Entrant and the Promoter acknowledge that the Promoter may (either by choice or at the request of a third party) disclose this information to relevant third parties for the purposes of the prevention of fraud, money laundering, legal or other financial or regulatory reasons.

J. Buyer Terms and Conditions

52. Content Restrictions: Requests must not include material that encourages violence, hate speech, discrimination, or other unlawful behaviour, nor may they promote prohibited products or services, including but not limited to illegal substances, weapons, or gambling.
53. Host Discretion: The Host reserves the right to decline any request that they deem unsuitable or incompatible with their brand, values, or personal standards.
54. Refund Policy: All purchases are final, and refunds will not be provided if the host accepts and completes request to their comfortability and satisfaction. If a request is declined by the Host, you may be offered the opportunity to submit a revised request or request a refund
55. Platform Role: The platform acts solely as a promoter and facilitator and bears no responsibility for the quality, content, or fulfilment of any digital assets purchased. Any disputes must be addressed directly with the Host.

K. Business Responsibility and Terms

56. By sending products to a Host for unboxing content, you (the 'Business/buyer') agree to the following:

1. Product Packaging and Delivery: You are responsible for ensuring products are securely packaged and sent via a reliable courier or recorded delivery service. The platform and the Host bear no responsibility for any items that are lost or damaged in transit.
2. Providing Relevant Information: Products must be accompanied by your social media handles and any relevant information the Host needs to feature your product appropriately.
3. Refund Policy: All payments made for unboxing opportunities are final and non-refundable once the host has fulfilled its obligation. Refunds will only be issued where:

• The Host determines the product is unsuitable for their brand.
• The product violates the platform’s guidelines or includes prohibited items.
• The product falls outside the Host’s listed areas of interest.

4. Returns: The host is not permitted to return products for any reason including when a refund has been granted.
5. Compliance: Businesses must ensure that their products comply with all applicable laws and platform guidelines. Prohibited items will not be accepted, and no content will be created for such products.
6. Platform Role: The platform acts solely as a promoter and intermediary. It bears no responsibility for the handling, loss, damage, or promotion of products sent to Hosts.

Each Entrant should retain a copy of these Terms and Conditions for their future reference.

Annex – Definitions

Where the following words appear in small capitals, they have the meanings specified below:

In these Terms and Conditions:

1. words in the singular include the plural meaning and words in the plural include the singular meaning;
2. references to clauses or schedules mean clauses or schedules to the Terms and Conditions
3. any phrase introduced by the expressions including, includes, in particular or any similar expression shall be construed as illustrative only and shall not limit the sense of the words preceding those terms;
4. headings are for reference only and do not affect the meaning of these Terms and Conditions; and
5. references to any act, regulation, code of practice or statutory order include any change, re-enactment or extension of the act, regulation, code of practice or statutory order from time to time.