TERMS AND CONDITIONS
These Terms and Conditions (the “Terms and Conditions”) together with any additional terms and conditions specific to a prize draw competition () set out the contract between you and BDK Play Limited in relation to your entry into any prize draw competitions operated by BDK Play Limited on this website (each a “Prize Draw”).
The Terms and Conditions and the Draw Terms shall together constitute the “Terms of Use”.
The Terms of Use apply to all Prize Draws offered on our [website/app] at Drawaday.co.uk (the “Website”).
These Terms and Conditions are effective from 10/04/2024.
You should carefully read all of these Terms and Conditions before entering into any Prize Draw, but we draw your attention in particular to the following:
- No purchase, payment, or donation of any kind is necessary to enter or win. All entries into a Prize Draw have an equal chance of winning
- Section 2 explains who is eligible to register and enter the Prize Draws and the consequences if you do not meet the eligibility criteria.
- Section 7 contains certain limits on what we will be liable to you for and what losses are not recoverable from us.
- Section 10.3 explains the action that may be taken if you breach the Terms of Use, including forfeiting any Prizes.
- Contracting Entities
- The promoter of the Prize Draws is BDK Play, a company incorporated in England and Wales under company number 15464062 and whose registered office is at Unit 7, The Court House, 72 Moorland Road, Stoke-on-Trent, England ST6 1DY (the "Promoter").
- References throughout these Terms and Conditions to "Promoter", "we", "our", or "us" will relate to BDK Play Limited.
- Reference throughout these Terms and Conditions to "you" or "your", refers to any person using the Website(s) or entering a Prize Draw.
- By accessing the Website and/or entering any Prize Draw, you agree to be bound by the Terms of Use. In the event of any conflict between these Terms and Conditions and the Draw Terms, these Terms and Conditions shall prevail.
- Eligibility Requirements
- Unless other stated in the relevant Draw Terms, the Prize Draws are only open to all UK residents aged 18 years or .
- Employees of the Promoter, their immediate family and household members, agents or any third party directly associated with administration of the Prize Draw are not eligible to enter any Prize Draws.
- By entering any Prize Draw, you confirm that you are eligible to do so and eligible to claim any prize you may win. The Promoter may require you to provide proof that you are eligible to enter the Prize Draw. If you fail to provide us with any such proof or other information that we may require to our reasonable satisfaction within seven (7) days of a request by us, you may be disqualified from the Prize Draw and an alternative winner may be selected.
- If we become aware that you do not fulfil all of the eligibility criteria set out above, we may void your account and forfeit prizes, including those already received by you which must be promptly returned to us.
- You will need internet access to enter a Prize Draw via the Website. Internet, data and related costs will be at your own expense.
- Registering & Entering a Prize Draw
- An entry fee is payable each time you enter a Prize Draw via our online entry method ("Online Entry Route"), or you may enter for free via the postal entry method ("Postal Entry Route"). Each person who enters either via the Online Entry Route or the Postal Entry Route is an "Entrant" for the purpose of these Terms and Conditions.
- In order to enter a Prize Draw via the Online Entry Route, you must first sign up with us by registering an account on the Website and validly completing the registration process. Once registered, you can enter any of the Prize Draws made available on Website. For further information as to whether you’re eligible to enter any of the Prize Draws, please see section 2 above.
- In order to enter a Prize Draw via the Postal Entry Route, you must follow the Postal Entry instruction specified alongside each draw.
Incomplete or illegible entries will be disqualified.
You may make multiple free entries for any Prize Draw (up to any limit placed on entries by the Promoter) but each free entry must be submitted and posted to the Promoter separately. Bulk entries will not be accepted as multiple entries and if a bulk entry is received, it will be counted as one single entry. - Each Prize Draw will run from and to the opening and closing times and dates specified for the relevant Prize Draw on the Website. These times and dates shall be referred to as the "Opening Date" and the "Closing Date" respectively. All times and dates referred to are the times and dates in England. Entries received after the applicable Closing Date will not be valid and so will not be entered into the Prize Draw.
- Entrants can enter each Prize Draw as many times as they wish until the earlier of (i) the maximum number of entries per user have been submitted and (ii) the maximum number of entries for the Prize Draw have been received.
- Prizes
- There may be one or more prizes available for each Prize Draw, which are described on the relevant Prize Draw pages of the Website (the "Prize"). Details of the Prizes are, to the best of the Promoter’s knowledge, information and belief, correct as at the Opening Date of the applicable Prize Draw.
- Non-cash Prizes are always subject to availability and we reserve the right to substitute the advertised prize with a prize of equal or greater value. If any details of the Prize change, the Promoter will endeavour to update the Website as soon as reasonably possible.
- We make no representations and gives no warranties about any of the Prizes or their value, condition or any other information provided on the Website.
- Other non-cash Prizes may be subject to additional conditions, which will be set out on the relevant page of the Website for that Prize Draw.
- The Prize may be supplied by a third-party supplier (the "Supplier"). Details of the Supplier (if any) will be provided to the winner.
- We reserve the right to substitute the Prize for an alternative cash prize ("Cash Prize") in the following circumstances:
- the Prize becomes unavailable;
- other circumstances beyond our reasonable control make it necessary to do so.
- The prize for the winner is non-exchangeable, non-transferable and winners are not entitled to request a cash alternative.
- All costs and expenses not included within the Prize are the responsibility of the winner.
- Draws
- The winning Entrant for each Prize Draw will be chosen by random draw [performed by a computer process].
- The winner will be notified by email or telephone (using details provided at entry) before the date shown on the prize draw page and must provide a postal address to claim their prize. If a winner does not respond to the Promoter within days of being notified by the Promoter, then the winner's prize will be forfeited and the Promoter will be entitled to select another winner in accordance with the process described above.
- Arrangements for the delivery of a prize will be communicated to each winner as soon as practicable following the conclusion of the relevant Prize Draw.
- Modifications to Terms of Use
- We may need to revise and amend the Terms of Use from time to time for reasons including but not limited to:
- changes in technology;
- changes in payment methods;
- changes in relevant laws and regulatory requirements; and
- changes in our systems’ capabilities.
- We will notify you of any material changes to the Terms of Use by an appropriate method before they come into effect. Methods of notifying you may include (i) email or (ii) a service message requiring you to re-accept the revised Terms of Use (or any part of them) in order to continue using the Website. Notwithstanding the foregoing, it remains your responsibility to check the Terms of Use from time to time to ensure that you agree with them, and your continued use of the Website will be deemed to be your acceptance of any changes we may make.
- The date on which any modified version of these Terms and Conditions are effective will be as stated at the top of these Terms and Conditions.
- We may need to revise and amend the Terms of Use from time to time for reasons including but not limited to:
- Limitation of Liability
- You have certain rights under the law and there are certain matters for which we are not permitted by law to limit or exclude our liability to you. This includes our liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation. Nothing in the Terms of Use shall affect these rights or any such liability that we may have to you.
- To the full extent permitted by law, we and our subsidiaries, associated and affiliated companies exclude responsibility and all liability for:
- any losses that were not foreseeable (i.e. it was not an obvious loss or damage) to you and us when you entered a Prize Draw;
- any losses that are not caused by our breach of the Terms of Use or any legal obligation owed by us to you;
- any delay, failure, act or default in relation to the Website caused by events outside our reasonable control (e.g. including but not limited to technical problems from traffic congestion on the internet, or storms);
- connectivity, hardware or software issues caused by third parties or factors outside of our control;
- incompatibility of the Website with any other software or hardware (including compatible registered devices) which is outside our reasonable control;
- any act or default of any third party supplier which is beyond our reasonable control.
- Customer Services
- If you have any questions, please email us on [email protected]. We will always do our best to help resolve your questions as quickly as possible.
- If our customer services team cannot resolve your question or complaint within twenty-eight (28) days then it will be escalated for review by our review panel who will provide their decision within twenty-eight (28) days.
- Regulatory Information
- Our Prize Draws are not gambling products and so we are not required to be licensed and regulated by the Gambling Commission of Great Britain.
- General
- We accept no responsibility for entries not successfully completed due to a technical fault technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind or for any postal strikes. If for any reason a technical interruption or postal strike prevents you from entering into a Prize Draw, the Promoter does not take any responsibility for incomplete entries and any incomplete entries will not be considered valid for entry into the relevant Prize Draw. The Promoter accepts no responsibility for any purchases which are not completed for any reason.
- Refunds will only be provided in exceptional circumstances and at the sole discretion of the Promoter. No refunds of the entry fee will be given:
- if, following your entry into a Prize Draw, you subsequently find out that you are not eligible to enter the Prize Draw or claim the Prize; or
- if you are disqualified from the Prize Draw by us in accordance with the Terms of Use.
- If we have reasonable grounds to believe that you are in breach of the Terms of Use, we may suspend and/or close your account, void your entries in any Prize Draw and invalidate and withhold any or all Prizes. If any such invalidated Prizes have already been paid out or received by you then you must immediately return the Prize to us.
- The decision of the Promoter regarding any aspect of the prize draw is final and binding and no correspondence will be entered into about it.
- The Promoter must either publish or make available information that indicates that a valid award took place. To comply with this obligation the Promoter will send the surname and county of major prize winners and, if applicable copies of their winning entries, to anyone who emails us within one (1) month after the Closing Date of the relevant Prize Draw. If you object to any or all of your surname, county and winning entry being published or made available, please contact the Promoter via [email protected]. In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority on request.
- The Promoter reserves the right to hold void, cancel, suspend, or amend a Prize Draw where it becomes necessary to do so.
- Personal data supplied during the course of any Prize Draw will only be processed as set out in the Promoter's privacy policy.
- Governing Law
- The Terms of Use are governed by the laws of England and Wales.
- The courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, the Website and any Prize Draw offered on the Website.