RAFFLE IT & COMPETITIONS LIMITED
PRIZE COMPETITION TERMS AND CONDITIONS
FOR HOSTS, ENTRANTS, USERS AND WINNERS
CONTENTS
____________________________________________________________
CLAUSE
1. Interpretation
2. Important Notices
3. Hosting a Competition
4. Hosting Fees
5. How to enter
6. Eligibility
7. The Prize
8. Winners
9. Claiming the prize
10. Delivery/Collection
11. Acceptance
12. Disputes
13. Release of Proceeds
14. Disclaimers and Limitation of liability
15. Indemnity
16. Ownership of competition entries and intellectual property rights
17. Standards
18. Prohibited Items
19. Promoter Guarantee
20. Restrictions on what you may Post to Our Platform
21. Consequences for failure to comply with this Agreement
22. Suspension and termination
23. Competitions with a Property Prize
24. Data protection and publicity
25. General
26. Force majeure
27. No Promotion
28. Waiver
29. Severance
30. Entire agreement
31. Variation
32. No partnership or agency
33. Third party rights
34. Jurisdiction
BETWEEN
(1) RAFFLE IT & COMPETITIONS LIMITED incorporated and registered in Ireland with
company number 695061 of Sicily, Balrath, Navan, Meath, Ireland (the "Promoter"); and
(2) The Hosts, Winners, Entrants and Users (as defined below) of the prize
competitions.
WHEREAS
A. This Agreement sets out the legal requirements, relating to the Promoter, Hosts, Entrants,
Winners and Users (as defined below) which binds us all and ensures a fair and mutually
beneficial prize competition platform for all activities over Our Platform.
B. The Hosts, Winners, Entrants and Users have agreed to utilise the Promoter's services based
on and subject to the terms and conditions outlined below.
IT IS HEREBY AGREED
1. Interpretation
Accept / Accepting
The Acceptance of a Prize allocated to a Winner by verifying the delivery or collection
of the Prize by using the "Verify" button in a User profile on Our Platform.
Business day
A day other than a Saturday, Sunday or public holiday in Ireland when banks in Dublin
are open for business
Closing Date
The date on which any relevant competition ends as set out in the Competition Details
or being an earlier date where the Host decides to invoke the provisions in clause 5.6.
Competitions
A competition hosted by a Host on Our Platform subject to the Competition
Conditions.
Competition Conditions
The terms and conditions outlined in this Agreement between, Hosts, Users, Winners
and Entrants upon which the Competitions are based on subject to.
Competition Details
The section of the Our Platform relating to the relevant competition that contains a
description of the competition and each Prize provided by the Host of such
Competition.
Content
Means any content in any form published on Our Platform by us or any third party
(with our consent on our behalf), a Host, an Entrant, a Winner or a User.
Encumbrance
(i) any adverse claim or right or third party right or other right or interest;
(ii) any equity;
(iii) any option or right of pre-emption or right to acquire or right to restrict;
(iv) any mortgage, charge, assignment, hypothecation, pledge, lien, or security
interest or arrangement of whatsoever nature;
(v) any reservation of title; and
(vi) any hire purchase, lease or instalment purchase agreement.
Competition Entry Question
The competition's entry question and or puzzle as applicable to the relevant
competition.
Dispute / Disputing
Disputing a Prize in accordance with clause 12.
Entrant
A User of Our Platform who enters into a Competition.
Fees
The Fees set out on Our Platform to host a Competition, extend the hosting of a
Competition, Promote a Competition and to Purchase Credit.
Users
An individual that uses or engages with Our Platform or who is registered on Our
Platform.
Opening Date
The date on which any competition begins as set out on the Competition Details.
Our Platform
Our website and any other application or platform that Promoter operates from time
to time.
Postal Entry
An entry made by way of postal application in accordance with clause 5.4.
Prize
The item(s) listed as a Prize or Prizes within the Competition Details in the relevant
Competition offered by the Host.
Promoter Guarantee
The commitment of the Promoter as out lined in clause 19.
Prohibited Items
The items referred to in clause 18.
Property
Each separate real estate property offered as a Prize by the Host and which is
described in a Competition or (as the case may be) the property that the Host has
agreed to transfer (including chattels, if any) pursuant to a Competition.
Property Conveyance
In relation to a Property Prize the contract by which the Host agrees to transfer and
the Winner agrees to acquire the Property the terms and conditions of which shall be
in accordance with clause 24.
Host
A User or Users of Our Platform who host a competition and offers a Prize and where
two or more Users jointly host a Competition each of such Users shall be jointly and
severally liable for the Competition Conditions under this Agreement.
Total Proceeds
The total funds raised through the sale of tickets in relation to any competition.
Winner
The person who wins the Prize.
Winner Selection Date
The day on which the competition Winner is drawn and announced.
You (and your)
You in your capacity as a user of Our Platform whether as a Host, Entrant, Winner or
User.
2. Important Notices
2.1 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 the Promoter, in
good faith.
2.2 The Promoter reserves the right to cancel any competition at any time without reason.
2.3 The Hosts agree to provide the Prize and that offering a cash payment, bank transfer, gift card or
share of the ticket revenue as an alternative to providing the Prize is not permitted.
2.4 Although the term 'raffle' is often referred to on Our Platform, this is for marketing and search
engine optimisation purposes only and due to the fact that each entrant is required to answer
the Competition Entry Question upon entering, all competitions hosted on Our Platform are
therefore legally considered 'Prize Competitions' and not raffles.
3. Hosting a Competition
3.1 Each competition shall be hosted by the Host on Our Platform.
3.2 To host a competition:
(a) Hosts must not be physically located in or be resident of a jurisdiction where it is
unlawful to Host a competition; and
(b) the Host must be aged 18 years or over.
3.3 Hosts are responsible for providing or selecting the following information on the Competition
Details including:
(a) the competition title;
(b) the competition summary;
(c) Prize description and delivery/collection options (except in respect of a Property);
(d) the price per ticket;
(e) the total number of tickets available for sale;
(f) a proposed end-date and time; and
(g) the Competition Entry Question.
3.4 The Hosts agree that following 30 days of the Opening Date they will have the following options:
(a) Pay the Promoter the relevant Fee to extend their competition for a further 30 days
detailed on the Fee page of Our Platform;
(b) cancel the Competition resulting in a full refund for all Entrants that have purchased a
ticket; or
(c) perform the competition based on the current sold tickets.
3.5 Subject to 3.6 below, the Hosts agree that on the Closing Date of a Competition they will have
the following options:
(a) cancel the competition resulting in a full refund for all Entrants that have purchased a
ticket; or
(b) perform the competition based on the current sold tickets.
3.6 Where all tickets have been sold for the Competition on or before the Closing Date the Host will
have the option to perform or not to perform the Competition at all times. Where the Host
does not perform the Competition all Entrant Fees will be refunded to the Entrants through Our
Platform.
3.7 Where the Host fails to perform the Competition within 14 days of the Closing Date specified in
the Competition Details, all Entrant Fees will be automatically refunded to each Entrant through
Our Platform.
4. Hosting Fees
4.1 The Host will pay the Fees as set out and in accordance with the Fee page on Our Platform. We reserve the right to change or amend these fees at any time.
4.2 Hosting Fees to create a competition / per 30 days cost 5 credits (€5.64c) and are set out in the create a competition section on this website.
4.3 Fees to bump a competition cost 5 credits (5.64c) and are set out in the my account under my competitions section on this website.
4.4 The cost of purchasing credit on Our Platform are set out below ( Clause 4.7 ) and are also set out in the top up section of this website.
4.5 These Terms & Conditions can be amended or changed at any time. It is the user's responsibility to keep themselves aware of the terms of service and terms & conditions of Raffle it & Competitions LTD as they are displayed at all times, updated in the footer of our website https://new.raffleit.ie/
4.6 Charges for services to be provided by Raffle it & Competitions LTD are defined in the invoice that the users receive via e-mail.
4.7 The purchase or use of our services implies that you have read and accepted our Terms & Conditions.
4.8 Cost of purcheasing credit are as follows: ( Clause 4.3 )
< 5 credits = 1.128% > < 6 credits = 1.115% > < 7 credits = 1.1043% > < 8 credits = 1.09625% > < 9 credits = 1.09% > < 10 credits = 1.085% > < 11 credits = 1.082% >
< 12 credits = 1.0784% > < 13 credits = 1.0754% > < 14 credits = 1.0729% > < 15 credits = 1.071% > < 16 credits = 1.069% > < 17 credits = 1.069% >
<18 credits = 1.0662% > < 19 credits = 1.0648% > < 20 credits = 1.0635% > < 21 credits = 1.0624% > < 22 credits = 1.062% > < 23 credits = 1.061% >
< 24 credits = 1.06% > < 25 credits = 1.0592% > < 26 - 30 credits = 1.059% > < 31 - 40 credits = 1.056% > < 41 - 49 credits = 1.0525% > < 50 credits = 1.0506% >
< 51 - 99 credits = 1.0504% > < 100 credits = 1.0462% > < 101 - 1000 credits = 1.04614% >
4.9 Cost of withdrawing credit are as follows: < 1 credit = €1.00 >. Funds may take upto 28 days to be transferred to your account.
5. How to enter
5.1 A Competition will run from the Opening Date to the Closing Date inclusive unless cancelled by
the Host before the Closing Date in accordance with Clause 3.4 (b) above or the Host decides to
run the Competition for whatever reason despite the fact that all tickets have been sold.
5.2 All Competition entries must be received by the Host by no later than the Closing Date. All
Competition entries received after the Closing Date are automatically disqualified.
5.3 To enter the Competition:
(a) create an online account on Our Platform with a verified email address and mobile
number.
(b) Select the paid entry option and submit your answer to the respective Competition
Entry Question which will differ across each competition and are designed to be a test
of a User's skill. All entries will be submitted that are entered into a Competition but
under the rules of the Gaming and Lotteries (Amendment) Act 2019 only tickets that
contain the correct answer to the Competition Entry Question will be entered into the
final draw of the competition.
5.4 Free Postal Entry. A free postal entry route is available by entering a Competition in the
following way:
(a) create an online account on Our Platform with a verified email address and mobile
number;
(b) go to the Website and select the competition you wish to enter to view the
Competition Question;
(c) send an unenclosed postcard to RAFFLE IT & COMPETITIONS LIMITED, Company
Registration Number: 695061 Address: Sicily, Balrath, Navan, Meath, Ireland
containing the following information:
- The personal account number you received following registration on Our Platform;
- The competition you wish to enter;
- Your full name and postal address;
- Telephone number and email address;
- Your date of birth; and
- Your answer to the Competition Question.
5.5 IMPORTANT INFORMATION REGARDING FREE POSTAL ENTRIES
(a) Free entries are limited to one per person per competition.
(b) Free entries are treated in the same way as paid entries and those who answer the
Competition Entry Question correctly have an equal chance of winning a Prize.
(c) Free entries must be received by the Promoter at least 48 hours prior to the Closing
Date. Any free entries received after this date will not be processed and correct entries
will not be entered into the draw.
(d) If free entries are received after the maximum number of entries for the Competition
has been reached, they will not be processed and correct entries will not be entered
into the draw.
(e) It is the Entrant's sole responsibility to ensure that their entry is received by the
Promoter in advance of the Closing Date, that the entry details are legible and sent to
Promoter's address as set out in 5.2 (c) above.
(f) The Promoter is under no obligation to confirm whether or not an entry was received
prior to the Closing Date or whether the Entrant's answer to the Competition Entry
Question was correct.
(g) Any free entry not complying with the entry requirements for free entries shall be
disqualified and not entered into the draw.
5.6 The Promoter will not accept:
(a) responsibility for competition entries that are lost, mislaid, damaged or delayed in
transit, regardless of cause, including, for example, as a result of any postal failure,
equipment failure, technical malfunction, systems, satellite, network, server, computer
hardware or software failure of any kind; or
(b) proof of posting or transmission as proof of receipt of entry to the competition.
6. Eligibility
6.1 The competition is open to Entrant's aged 18 years or over physically located (at the time of
entry to a Competition) in a jurisdiction where it is lawful to enter a competition, except:
(a) employees of the Promoter or its holding or subsidiary companies;
(b) employees or agents or suppliers of the Promoter or its holding or subsidiary
companies, who are professionally connected with the competition or its
administration; or
(c) members of the immediate families or households of (a) and (b) above.
6.2 In addition to persons listed above at 6.1 the following people may not enter a competition:
(a) members of the immediate families or households of a Host may not enter a
competition hosted by that Host.
6.3 In entering the competition, you confirm that you are eligible to do so and eligible to claim the
Prize or any Prize you may win. The Promoter may require you to provide proof that you are
eligible to enter the competition.
6.4 Competition entries will not be accepted 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;
(d) photocopies and not originals;
(e) incomplete.
6.5 Entries on behalf of another person will not be accepted and joint submissions are not allowed.
6.6 The Promoter reserves all rights to disqualify any Host, Entrant, Winner or User if your conduct
is contrary to the spirit or intention of the prize competition.
6.7 The Promoter reserves all rights to disqualify any Host, Entrant, Winner or User if your conduct
is contrary to the spirit or intention of the Competition, you are abusing the services, being
abusive to other customers or staff or the Promoter has the belief that it is not genuinely the
customer that is entering.
6.8 Only registered Users of Our Platform are eligible to enter competitions hosted on Our Platform.
6.9 No refunds of the entry fee will be given where;
(a) if, following your entry into the competition it subsequently transpires that you are not
eligible to enter the competition or claim the Prize;
(b) if, following your entry into the competition the eligibility criteria for entering the
Competition or claiming the Prize changes and you are no longer eligible; or
(c) if you are disqualified from the Competition by the Promoter for any reason.
6.10 Competition entries cannot be returned.
7. The Prize
7.1 The Prize is or the Prizes are as described by the Host in the Competition Details.
7.2 The Host further represents and warrants that each of the following statements is true accurate
and not misleading:
(a) it has full power and authority to enter into and perform this Agreement which
constitutes binding obligations on it in accordance with their terms;
(b) it is the full legal and beneficial owner of the Prize free from Encumbrances;
(c) is entitled to the legal and beneficial title in the Prize; and
(d) it is entitled to transfer to the Winner the full legal and beneficial ownership of the
Prize free from any Encumbrances without the consent of any third party.
7.3 The prize is not negotiable or transferable.
7.4 The Promoter makes no representations and gives no warranties about the Prize, its value, its
condition, or any other information provided on Our Platform. The Promoter makes no
representations and gives no warranties that the information provided on Our Platform by a
Host or otherwise is accurate, complete, or up to date.
7.5 In order to claim the prize you must follow to procedure set out in Clause 9 below.
8. Winners
8.1 All Entrants who correctly answer the Competition Question and whose entry is received prior
to the Closing Date will be placed into a draw, and the winner will be chosen randomly by
Promoter's automated system draw.
8.2 The Platform has a validated and 100% random winner generator which will automatically
determine the winner of each competition. Each Entrant has an equal chance of winning based
on one ticket. The more tickets for each competition the higher the chances of winning.
8.3 The Promoter will publish or make available information that indicates that a valid award took
place. To comply with this obligation Promoter will, in accordance with the Privacy Policy set out
on the Privacy Policy page of Our Platform, publish the name of the Prize Winner and, if
applicable, their winning entries (as set out in the Winner's profile) on the Winner Selection
Date .
8.4 On the Winner Selection Date the Promoter will send an email to all competition Entrants
(which shall be as soon as practicable after the Winner Selection Date), using the email address
associated with the User. The Winner will not be contacted separately to be informed that they
have won. It is the responsibility of each Entrant to check Our Platform to see if they are a
Winner.
8.5 On the Winner Selection Date the Host will be notified of the Winner's contact information in
accordance with our Privacy Policy together with instructions on to proceed.
8.6 If you object to any or all of your surname, county and winning entry being published or made
available, please contact the Promoter [INSERT CONTACT DETAILS/ LINK TO CONTACT DETAILS].
In such circumstances, the Promoter must still provide the information and winning entry to the
Advertising Standards Authority on request.
9. Claiming the prize
9.1 If you are the Winner of the Prize you will be notified within your profile section of Our Platform
and you will have 21 days from the Winner Selection Date to claim the prize.
9.2 Each Winner is obliged to and responsible for contacting the Host to arrange delivery and / or
collection of the Prize.
9.3 Each Host is obliged to and responsible for contacting the Winner to arrange delivery and / or
collection of the Prize.
9.4 The prize may not be claimed by a third party on your behalf.
9.5 If the Winner cannot be contacted or is not available or has not claimed their prize within 21
days of the Winner Selection Date, the Promoter reserves the right to offer the prize to the next
eligible entrant selected from the correct entries that were received before the Closing Date.
9.6 The Host does not accept any responsibility if the Winner is not able to take up the Prize.
11
10. Delivery/Collection
10.1 Delivery of the Prize is not included unless specifically stated in the Competition Details and as
such the Host and the Winner will need to deal with this directly between themselves. The
Promoter does not accept any responsibility for a Host's failure to deliver the Prize to the
Winner or otherwise under this Agreement.
10.2 If collection of the Prize is possible then the Host and Winner must communicate directly to
arrange and agree on a suitable date and time for both parties.
10.3 The Host is obliged to take all reasonably necessary steps to ensure safe exchange of the Prize
and is expected to obtain all relevant shipment/collection or delivery receipts in case proof is
needed in the event of a dispute.
10.4 In the event that the Host and Winner must meet to exchange the Prize it is the responsibility of
both the Host and the Winner to ensure that the Winner Accepts the prize on Our Platform at
the time of the exchange.
11. Acceptance
11.1 All participants to a Competition agree that Promoter's decision on the process of any
competition is final.
11.2 The Winner has 21 days from the Winner Selection Date to either Accept or Dispute the Prize on
Our Platform.
11.3 Acceptance of the Prize is performed by the Winner verifying the delivery or collection of the
Prize by using the "Verify" button in their profile on Our Platform.
11.4 By Accepting the Prize on Our Platform the Winner confirms that the Prize is as advertised in the
Competition Details and possession of it has been taken by the Winner.
11.5 On the Winner Accepting the Prize on Our Platform, the Winner loses the ability to Dispute the
Prize or claim compensation as per the Promoter Guarantee and that they consent to the Host's
Proceeds being released to the Host.
11.6 On the Winner Accepting the Prize on Our Platform the Winner loses all rights under these
Terms and Conditions.
12. Disputes
12.1 A Winner may Dispute a Prize on Our Platform on the basis that:
(a) it does not conform to the Competition Details advertised by the Host on Our Platform;
or
(b) the Winner has been prevented from taking possession of the Prize by the act and/or
omission of the Host.
12.2 Once a Dispute has been raised by a Winner the Promoter shall commence an investigation to
determine an appropriate course of action, including but not limited to implementing the
Promoter Guarantee outline below clause 19.
12.3 If you do not provide us with sufficient information, we may be unable to process your
complaint. We reserve the right to investigate, and we will determine, in our discretion, what
action to take. While we reserve the right to monitor or to intervene in disputes between you
and other users, we have no obligation to do so.
12.4 We will use all reasonable endeavours to respond to complaints received as soon as possible,
and our aim is to respond to all complaints within one working day. However, please note that
from time to time it may take longer than one working day to deal with complaints.
12.5 In circumstances where Promoter is required to investigate a dispute it reserves the right to
investigate all the circumstances surrounding the dispute and make an adjudication at its
absolute discretion, in order to determine fault:
(a) If the dispute is awarded in favour of the Host, the Host's Proceeds will be released to
the Host, at which stage the Winner loses all rights under these Terms and Conditions.
(b) If the dispute is awarded in favour of the Winner, Promoter has no obligation to pay
the Total Proceeds to the Host. At this stage the Host loses all rights under these Terms
and Conditions.
(c) If the dispute is awarded in favour of the Winner, then as per the Promoter Guarantee,
the Winner will receive compensation amounting to the Total Proceeds.
(d) Subject to paragraph 11.5 if a competition has multiple Prizes and one of the Prizes is
disputed then the compensation will be divided equally between each Prize. Each
Winner that disputes their Prize will receive their share of the Total Proceeds.
12.6 You must tell us immediately if anyone makes or threatens to make any claim or issue legal
proceedings against you relating to your use of the Website and/or the services we provide
through Our Platform. You must, at our request, immediately stop the act complained of. If we
ask you to, you must confirm the details of the claim in writing. If you fail to stop the act or acts
complained of we reserve the right to take any and all appropriate action against you.
13. Release of Proceeds
13.1 Where the Host has Accepted that the Competition has taken place and the Winner has
Accepted the Prize, the Total Proceeds will automatically release to the Host through Our
Platform.
13.2 If the Winner neither Accepts nor Disputes the Prize on Our Platform within 21 days of the
Winner Selection Date the Winner loses the ability to Accept or Dispute the Prize and the Total
Proceeds will automatically be released to the Host at which stage the Winner loses all rights
under these Terms and Conditions.
13.3 Promoter decision is final and legally binding on all parties and no correspondence or discussion
will be entered into.
14. Disclaimers and Limitation of liability
14.1 Our Platform is provided "as is", "with all faults" and "as available" and without warranties of
any kind either express or implied. Insofar as is permitted by law, the Promoter, its agents or
distributors will not in any circumstances be responsible or liable to compensate the Winner,
the Host, an Entrant or a User 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 the negligence of
the Promoter, its agents or distributors or that of their employees. Your statutory rights are not
affected.
14.2 The Promoter makes no warranties or representations to any other party to the Property
Conveyance, and it makes no warranties or representations in relation to:
(a) the market value or the purchase price of the Property; and
(b) the stamp duty or any tax payable by any other party to the Property Conveyance in
connection with this transaction or the Competition.
14.3 Hosts are solely responsible for the Content appearing in any of your Competitions posted on
Our Platform. We are not responsible for the Competitions appearing on Our Platform that are
posted on Our Platform, nor are we responsible for the Content appearing in any of the
Competitions. To the fullest extent permitted by law we disclaim any and all liability in respect
of any liability arising from any reliance placed on the Content of any Competition by any user of
Our Platform or any claims arising in respect of any goods to which the Content relates.
14.4 Content on Our Platform referring to any products, process or service by trade name,
trademark, manufacturer or otherwise, does not constitute or imply its endorsement,
recommendation or validation by us. We have not independently verified the accuracy of any
description of any goods or services posted on Our Platform. The views, opinions and other
Content posted by Users on Our Platform are not ours, shall not be attributed to us.
14.5 Promoter does not warrant that the features contained on Our Platform will be uninterrupted
or error-free, that defects will be corrected, or that Our Platform or the server that makes it
available is free of viruses, bugs, program limitations or other harmful components.
14.6 Promoter does not warrant or make any representations regarding the use or the results of the
use of Our Platform in terms of its correctness, accuracy, reliability, or otherwise. The Entrants
and Hosts understand and agree that they the use of Our Platform is at their own discretion and
risk.
15. Indemnity
15.1 A Host, Entrant, Winner or User shall indemnify and keep us, our holding company and
subsidiaries (each as defined in the Companies Act 2014) and our and their respective officers,
directors, shareholders, employees, agents, licensors and suppliers (each an "Indemnified
Person") indemnified on demand from and against all judgments, awards, penalties,
settlements, fines, costs and expenses (including without limitation, reasonable legal and
accounting fees) suffered or incurred by an Indemnified Person and arising out of or in
connection with any of the following:
(a) any breach of this Agreement; and
(b) your access to or use of Our Platform, in a manner that infringes or is alleged to
infringe any applicable law or the rights (including, without limitation, the privacy or
intellectual property rights) of any other person.
16. Ownership of competition entries and intellectual property rights
16.1 The Promoter does not claim any rights of ownership in your Competition entry. The Host
agrees that the Promoter may, but is not required to, make your entry available on Our Platform
and any other media, whether now known or invented in the future, and in connection with any
publicity of the Competition. You agree to grant the Promoter a non-exclusive, worldwide,
irrevocable licence, for the full period of any intellectual property rights in the Competition
entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store,
re-format and sub-licence the competition entry and any accompanying materials for such
purposes.
17. Standards
17.1 All prize competitions must adhere to the 'Code of Advertising Standards' of The Advertising
Standards Authority for Ireland in addition to the standards set out in the Agreement.
18. Prohibited Items
18.1 Our Platform is a family service so we reserve the right to review and reject any Competition
that we feel have an adult theme or is of a prohibited nature as outlined below. In particular no
graphic images may be used in advertisements, any inappropriate content will be removed.
18.2 Competitions for the sale of any substance or product deemed a 'controlled drug' within the
following legislation (each as amended, supplemented or replaced from time to time) or whose
sale is otherwise restricted by law is also not permitted on Our Platform:
(a) The Misuse of Drugs Act 1977 & 1984:
http://www.irishstatutebook.ie/1977/en/act/pub/0012/index.html
http://www.irishstatutebook.ie/1984/en/act/pub/0018/index.html
The Criminal Justice (Psychoactive Substances) Act 2010
http://www.irishstatutebook.ie/2010/en/act/pub/0022/index.html
18.3 Products which require a seller to hold a licence for sale or to be trained to dispense including,
but not limited to, medicinal products, alcoholic beverages, tobacco products and endangered
or protected animal species are prohibited.
18.4 Content must not include any reference to 'kegs' or 'beer kegs' and related items (whether
relating to their sale or purchase, requesting information about, or otherwise) as beer kegs are
the property of the relevant brewer and therefore cannot be sold on.
18.5 Competitions relating to items that encourage, promote, facilitate or instruct others to engage
in illegal activities are prohibited. Competitions referring to electronics equipment that fall into
this category, including equipment deemed unlawful by the Commission for Communication
Regulation (ComReg) in Ireland are also strictly prohibited.
18.6 Competitions or Content that infringes the copyrights, trademarks or other intellectual property
rights of third parties are prohibited.
18.7 Competitions for counterfeit items, fakes, replicas or unauthorised copies of any computer
game (including (but not limited to) any that is backed-up, pre-loaded on a console or other
hardware or kit, bootlegged, duplicated or pirated) are prohibited.
18.8 Competitions for counterfeit items, fakes, replicas or unauthorised copies of any hardware on
Our Platform are prohibited.
18.9 Competitions for hardware or software that are boot disks, game enhancers, mod chips, custom
firmware that enable backup or import computer games to be played are prohibited.
18.10 Competitions for custom firmware or software that enables backup or import computer games
to be played; devices that bypass security checks during the boot-up sequence of a computer
game system so that backup or import games can be played or services to install devices or
modify a gaming system in order to play backup or import games can be installed are
prohibited,
18.11 Competitions for any type of firearms, knives, swords, weapons, fireworks or other related
goods (including replicas) are prohibited on Our Platform. This rule extends to accessories and
components. The prohibition above includes any firearm or weapon referred to in the Firearms
and Offensive Weapons Act 1990
18.12 Stolen goods. Materials, products or information for the promotion of illegal goods or illegal acts, movement of goods that they do not own or for which they have no power of sale, as well as products produced in violation of any rights of third parties. Contraband goods and motor vehicles subject to transfer restrictions, goods listed in public registers (such as real property), the transfer of which requires formalities that may not be completed, from a legal aspect, online.
19. Promoter Guarantee
19.1 If the Host fails to provide a Prize, the Winners will receive the Total Proceeds of the relevant
competition.
19.2 If the Host fails to perform the Competition, the Fees paid by each Entrant will be refunded to
such Entrant's account on Our Platform.
19.3 All compensation payments are guaranteed and paid directly by the Promoter.
19.4 Where there is more than one Winner and more than one Prize listed for a competition and the
Host fails to provide the Prize or Prizes, the Winners will receive equal portions of the
compensation which together.
20. Restrictions on what you may Post to Our Platform
20.1 You agree, whether as a Host, Entrant, Winner or User that you will not use or allow anyone else
to use Our Platform to post content that:
(a) may be malicious or defamatory;
(b) is inaccurate (where it states facts);
(c) is not genuinely be held (where it states opinions);
(d) does not comply with applicable law in Ireland, and in any country from which it is
posted;
(e) is illegal, obscene, offensive, threatening or violent;
(f) constitutes behaviour likely to affect the enjoyment of other participants on Our
Platform;
(g) constitutes behaviour that could be categorised as cyber-bullying, harassment or as
acting in an intimidating or threatening nature;
(h) is sexually explicit or pornographic;
(i) is likely to deceive any person or be used to impersonate any person, or to
misrepresent your identity, age or affiliation with any person;
(j) gives the impression that it emanates from the Promoter or that you are connected
with us or that we have endorsed you or your business;
(k) solicits passwords or personal information from anyone;
(l) that duplicates Content already published our Platform;
(m) that you do not have the right to disclose or make available under any law or under
contractual or fiduciary relationships (such as insider information, or proprietary and
confidential information learned or disclosed as part of employment relationships or
under nondisclosure agreements);
(n) infringes upon patents, trade marks, trade secrets, copyrights or other proprietary
rights of others;
(o) makes available any unsolicited or unauthorised advertising, promotional materials,
'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of solicitation;
(p) is used to sell any goods or services or for any other commercial use other than
authorised by the Promoter;
(q) is unlawful, obscene, defamatory, seditious, indecent, offensive, liable to incite racial
hatred, discriminatory, menacing, scandalous, inflammatory, be in breach of
confidence, be in breach of privacy or be inappropriate;
(r) that contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment; and/or
(s) interferes with or disrupt Our Platform or servers or networks connected to Our
Platform, or disobey any requirements, procedures, policies or regulations of networks
connected to Our Platform;
(t) is age-inappropriate communications or content to anyone under the age of 18;
(u) is linked to any of the material specified above, in this clause.
20.2 In connection with the restrictions set out below, we may refuse or edit or remove any content
which does not comply with these terms without explanation.
20.3 In addition to the restrictions set out above, you represent and warrant that:
(a) you are a not physically located in or are a resident of a jurisdiction where it is unlawful
to host and/or participate in such competitions at the time when you use Our
Platform;
(b) you will not post any hyperlinks, other than those specifically authorised by us;
(c) you will not post the name, logo or trademark of any third party organisation that
infringes such third parties Intellectual Property Rights;
(d) that any content you post or share on Our Platform as any type of participant through
Our Platform does not violate privacy rights, copyrights, contract rights, intellectual
property rights, or any other rights of any third person;
(e) any Content you post or share as any type of participant through Our Platform does
not constitute a breach of contract between you and a third party; and
(f) is inaccurate, false, or misleading information.
20.4 You understand that by using Our Platform, you may be exposed to Content that is offensive,
indecent or objectionable. You are responsible for complying with all laws applicable to the
Content you submit to Our Platform. We may refuse any service without prior notice to any user
for any or no reason. We also have the right, at our discretion, to disclose your identity to any
third party who is claiming that any Content posted or uploaded by you to Our Platform
constitutes a violation of their intellectual property rights, or of their right to privacy.
21. Consequences for failure to comply with this Agreement
21.1 Failure by you to comply with this Agreement may result in our taking all or any of the following
actions:
(a) immediate, temporary or permanent withdrawal of your right to use Our Platform;
(b) immediate, temporary or permanent removal of any posting, material or Content
uploaded by you to Our Platform;
(c) issue of a public (via Our Platform) or private warning to you;
(d) limit the amount of postings you may make;
(e) suspension, restriction or limitation of any rights or permissions associated with your
account;
(f) initiation of legal proceedings against you for reimbursement of all costs on a full
indemnity basis (including, but not limited to, reasonable administrative and legal
costs) resulting from the breach;
(g) other legal action against you; and/or
(h) disclosure of such information to law enforcement authorities as we reasonably feel is
necessary.
21.2 We exclude liability for actions taken in response to breaches of this Agreement. The responses
described above are not exhaustive and we may take any other action we reasonably deem
appropriate.
22. Suspension and termination
22.1 We may, with or without cause, immediately delete your Competition and terminate your
access to Our Platform without prior notice at our sole discretion. The deletion or otherwise of a
Competition should not be viewed as an indication of wrongdoing.
22.2 Without limiting the foregoing, the following may lead to a deletion by us of a user's account
and/or termination of access to Our Platform: (a) a breach of this Agreement (b) a request by
law enforcement, An Garda Síochána / or other government agencies about you or any Content
that you have submitted to us; (c) a request by you (self-initiated deletion(s)); (d) unexpected
technical issues or problems; and (e) extended periods of inactivity. Deletion of a user account
and termination of access to Our Platform may result in the removal of all Content that we may
decide to delete. It may also result in preventing your further use of Our Platform, depending on
the circumstances. Furthermore, you agree that termination of this Agreement or your use of
Our Platform by us shall be made in our sole discretion and that we shall not be liable to you nor
any third party for any termination of your account or access to Our Platform or removal of
Content. You can view further information about how we process your data by reading our
Privacy Policy.
22.3 We may review and delete any Competition or other Content that in our sole judgment breach
this Agreement or which might be offensive, illegal or that might violate the rights of, harm, or
threaten the safety of other users of Our Platform or us.
22.4 We reserve the right to investigate and we will determine, in our discretion, whether there has
been a breach of the Agreement through your use of Our Platform. When a breach of the
Agreement has occurred, we may take such action as we deem appropriate.
23. Competitions with a Property Prize
23.1 In relation to competitions involving Property, the Host and the Winner will co-ordinate the
orderly transfer of the Property (and/or Prize as the case may be).
23.2 The legal title to the Property will be transferred to the Winner free from any financial interest,
entitlement or Encumbrances in favour of the Host as soon as practicable following the prize
competition.
23.3 The Host and the Winner of the Property Prize will be required to appoint their own
independent solicitors to act in the transfer of the Property.
23.4 If the Host and the Winner do not appoint their respective solicitors and take steps within 28
days of claiming the prize to effect the transfer of the legal title to the Property to them and in
any event enter into a Deed of Transfer to so transfer the Property within six months from the
date of claiming the prize the Promoter reserves the right to withdraw the prize from the
Winner and select a replacement winner.
23.5 Where the Property is in a managed development it will be incumbent on the Winner to apply
for membership of the management company and execute all documentation required to
become a member. The Winner will thereafter be liable for all management fees associated with
their membership of the management company.
23.6 The Winner will be responsible for all or any legal costs incurred in the transfer of the property
to include the legal fees of their solicitor, stamp duty, registration expenses and any and all
other related outlays and expenses.
23.7 The Promoter does not warrant nor confirm the state and condition of the Property in any way.
The Promoter nor any of its servants, agents, licensees, trustees, shall not be in any
circumstances liable for any loss, damage, inconvenience or expense suffered by the Winner in
relation to the state, condition, repair or construction of the Property.
23.8 The Winner of the Property shall accept the fit out and finish of the Property as provided
without any recourse to the Promoter.
23.9 The Host warrants as follows in relation to a Property Prize.
(a) Each Host warranty is true, accurate and not misleading on the date of Property
Conveyance.
(b) Each of the Host warranties is separate and, unless otherwise specifically provided, is
not limited by reference to any other warranty or any other provision in the Property
Contract.
(c) The Host does not require the consent of any third party to transfer the Property.
(d) The Host is solely legally and beneficially entitled to, and has a good and marketable
title to the Property.
(e) The Host has all requisite power and authority, and have taken all necessary action, to
enable them to enter into and perform the Property Conveyance and all agreements
and documents entered into, or to be entered into, pursuant to the terms of the
Property Conveyance.
(f) The Host is in possession and actual occupation of the whole of the Property on an
exclusive basis, and so far as the Host is aware no right of occupation or enjoyment has
been acquired or is in the course of being acquired by any third party, or has been
granted or agreed to be granted to any third party.
(g) The Host is solvent and able to pay their debts as they fall due.
(h) So far as the Host is aware there is no circumstance that has occurred to render or
could render any transaction affecting the Host's title to the Property liable to be set
aside.
(i) The Property is (or will be on Completion) free from any mortgage, debenture, charge
(whether legal or equitable and whether fixed or floating), rent charge, lien or other
right in the nature of security;
(j) Any agreement for sale, estate contract, option, right of pre-emption or right of first
refusal and there is no agreement or commitment to give or create any of them.
24. Data protection and publicity
24.1 The Promoter will only process your personal information as set out in the Click here for privacy-policy See also Clause 8 with regard to the announcement of Winners.
25. General
25.1 If there is any reason to believe that there has been a breach of these terms and conditions, the
Promoter may, at its sole discretion, reserve the right to exclude you from participating in the
competition.
25.2 The Promoter reserves the right to hold void, suspend, cancel, or amend the prize Competition
where it becomes necessary to do so.
26. Force majeure
26.1 The Promoter or the Host shall not in any circumstances be in breach of this agreement nor
liable for delay in performing, or failure to perform, any of its obligations under this agreement,
if such delay or failure results from events, circumstances or causes beyond its reasonable
control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a
utility service or transport or telecommunications network, act of God, war, riot, civil
commotion, malicious damage, compliance with any law or governmental order, rule, regulation
or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers
or sub-contractors or any other cause, whether similar or dissimilar to any of the foregoing,
which could not have been prevented with reasonable care. In such circumstances the affected
party shall be entitled to a reasonable extension of the time for performing such obligations,
provided that if the period of delay or non-performance by the Host continues for 4 weeks, the
Promoter may terminate the competition by giving 2 days' written notice to the Host, or where
the Competition has concluded and the Host has not yet sent the prize detailed in the
Competition Details to the Winner, Promoter will allocate the income from the Competition to
the rightful Winner.
27. No Promotion
27.1 The Competitions are in no way sponsored, endorsed or administered by, or associated with,
Apple Inc. Google, Facebook, Twitter, Snapchat, TikTok and/or any other social network.
28. Waiver
28.1 No failure or delay by a party to exercise any right or remedy provided under this agreement or
by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or
restrict the further exercise of that or any other right or remedy. No single or partial exercise of
such right or remedy shall prevent or restrict the further exercise of that or any other right or
remedy.
29. Severance
29.1 If any provision or part-provision of this agreement is or becomes invalid, illegal or
unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid,
legal and enforceable. If such modification is not possible, the relevant provision or part-
provision shall be deemed deleted. Any modification to or deletion of a provision or part-
provision under this clause shall not affect the validity and enforceability of the rest of this
agreement.
29.2 If any provision or part-provision of this agreement is invalid, illegal or unenforceable, the
parties shall negotiate in good faith to amend such provision so that, as amended, it is legal,
valid and enforceable, and, to the greatest extent possible, achieves the intended commercial
result of the original provision.
30. Entire agreement
30.1 This agreement constitutes the entire agreement between the parties and supersedes and
extinguishes all previous agreements, promises, assurances, warranties, representations and
understandings between them, whether written or oral, relating to its subject matter.
30.2 Each party acknowledges that in entering into this agreement it does not rely on, and shall have
no remedies in respect of, any statement, representation, assurance or warranty (whether
made innocently or negligently) that is not set out in this agreement.
30.3 Each party agrees that it shall have no claim for innocent or negligent misrepresentation or
negligent misstatement based on any statement in this agreement.
30.4 Nothing in this clause shall limit or exclude any liability for fraud.
31. Variation
31.1 No variation of this agreement shall be effective unless it is in writing and signed by the parties
(or their authorised representatives).
32. No partnership or agency
32.1 Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or
joint venture between any of the parties, constitute any party the agent of another party, or
authorise any party to make or enter into any commitments for or on behalf of any other party.
32.2 Each party confirms it is acting on its own behalf and not for the benefit of any other person.
33. Third party rights
33.1 No one other than a party to this agreement, their successors and permitted assignees, shall
have any right to enforce any of its terms.
34. Jurisdiction
34.1 Each party irrevocably agrees that the courts of the Republic of Ireland shall have jurisdiction to
settle any dispute or claim arising out of or in connection with this agreement or its subject
matter or formation.