BON CHANCE – PRIZE DRAW RULES
1. The Promoter
1.1. The promoter is: Bon Chance Limited, company number SC675216 of 64a Cumberland Street, Edinburgh, Scotland, EH3 6RE.
1.2. 20% of the profits we make from you entering our prize draws will be donated to charities.
2. The draw rules
2.1. These draw rules apply to every draw on our website bonchance.co.uk (“Website”).
2.2. Prize draws are open to UK residents only.
2.3. By entering our prize draws you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions do not enter the prize draws.
2.4. Certain prize draws may have prize specific rules. These will be detailed on the Website where you can enter the prize draw.
3. How to enter
3.1. The prize draws will run from the time and dates listed on the Website for each prize draw (each an “Opening Date“) to the times and dates listed on the Website for each prize draw (each a “Closing Date“) inclusive.
3.2. All draw entries must be received by the Promoter via the Website or by postal entry at the address set out at condition 1 by no later than the applicable time on the applicable Closing Date. All prize draw entries received after the Closing Date are automatically disqualified.
3.3. Times are specified in BST.
3.4. In the event that a force majeure event (events outside of our control occurs) including catastrophe, pandemic, epidemic, quarantine, war, act of god etc, we reserve the right to cancel or change terms and conditions of any prize draw which will be relayed to the entrants as soon as possible.
3.5. To enter a prize draw, you will need to create an account or log into your account if you have already created an account.
3.6. No purchase necessary and there is no charge to register for use of the website.
To enter a prize draw via the Website
3.7. You will then need to select a prize you would like to win from our current prize draws.
3.8. Login to your account, then go to your basket and select checkout and make the designated payment.
3.9. You will receive email confirmation and will be able to view your active prize draws in your account.
Free Postal entries
To enter the prize draw free by post:
3.10. (a) Register an account on our Website.
(b) Send your entry by first or second class post to the Promoter at the following address: Bon Chance Limited of 64a Cumberland Street, Edinburgh, Scotland, EH3 6RE;
(c) Include with your entry the following information on a postcard in handwriting:
(i) your full name;
(ii) your address;
(iii) a contact telephone number;
(iv) email address registered with your account;
(v) the prize draw you would like to enter;
(vi) your agreement to these Terms & Conditions; and
(d) Please note:
– Incomplete or illegible entries will be disqualified;
– Bulk entries in one envelope will not be accepted as multiple entries and if a bulk entry is received, it will be counted as one single entry;
– By entering the draw, you are confirming that you are eligible to enter and accept these terms and conditions;
– The Promoter will not acknowledge receipt of your entry;
– All free entries will be processed on Monday of each week.
If the entrants account cannot be identified from the details provided on the postal entry, then the draw-specific single entry will not be processed.
3.11. The Postal entry limit is 20 entries per household.
3.12. The Promoter will not accept:
(a) responsibility for prize draw 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 prize draw.
3.13. By submitting a prize draw entry, you are agreeing to be bound by these Terms and Conditions.
3.14. For help with entries, please email email@example.com
3.15. The winner will be chosen by a random draw performed by a computer process.
3.16. The Promoter will send the full names of the judges to anyone who writes within one month after the closing date of each draw requesting details of the judges and who encloses a self-addressed envelope to the address to Bon Chance Limited, of 64a Cumberland Street, Edinburgh, Scotland, EH3 6RE.
4.1. The prize draws are only open to all residents in the UK aged 18 years or over, except:
(a) employees of the Promoter or its holding or subsidiary companies;
(b) employees of agents or suppliers of the Promoter or its holding or subsidiary companies, who are professionally connected with the prize draw or its administration; or
(c) members of the immediate families or households of (a) and (b) above.
4.2. In entering the prize draws, 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.
4.3. The Promoter will not accept prize draw entries 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; or
4.4. There is a limit of twenty entries per person. Entries on behalf of another person will not be accepted and joint submissions are not allowed.
4.5. The Promoter reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize draw.
4.6. Using multiple email addresses, identities, or devices in an attempt to circumvent these Terms and Conditions, including the Entry Limit, is strictly prohibited and will void all entries for that participant and result in disqualification of the participant.
4.7. Winners may be required to show proof of age, email address and identity.
4.8. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
4.9. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.
4.10. We are not responsible for lost, late, incomplete, damaged, stolen, misdirected, corrupt, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions beyond its reasonable control whether human, mechanical, electronic, or otherwise.
4.11.Only fully completed entries submitted by the Closing Date and actually received by us are eligible. Proof of sending or submission of entry will not be deemed proof of receipt by us.
4.12. All entries must be actually submitted by the individual participant to be valid.
4.13. Use, or attempted use, of any robotic, automated, programmed, or similar entry method, will void all entries for that participant and result in disqualification of the participant.
4.14. If you breach these Terms and Conditions we reserve the right to disqualify you.
4.15. Prize draw entries cannot be returned.
5. The prize
5.1. Full details of all the prizes available to be won for each prize draw will be detailed on the Website next to the applicable prize draw.
5.2. Winners will receive the prize(s) identified on the Website for each prize draw.
5.3. Prizes are subject to availability. The Promoter reserves the right to substitute the prize with a prize of equal or greater value including a cash alternative.
5.4. The prize is not negotiable or transferable.
5.5. Unless expressly stated otherwise in these Terms and Conditions, any and all applicable taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the responsibility of the winner.
5.6. Prize draws are not sponsored, endorsed, approved, or affiliated with the manufacturer of the prizes being awarded. Names and logos are the trademarks and property of the manufacturer of the prizes.
5.7. Prizes including a holiday (other similar holidays) may be subject to availability, must meet requirements specified by the Promoter e.g. not bank holidays, blackout periods etc may apply.
5.8. If the prize is a holiday, the prize does not include travel insurance, the cost of transfers to and from airports or stations, food and drink, spending money, tax or personal expenses. Any other costs incurred in addition to those set out above and that are incidental to the fulfilment of the prize are the responsibility of the winner(s). In addition, you will be responsible for ensuring that you and any person travelling with you are available to travel and hold valid passports, any necessary visas and travel documents for the holiday in question on the travel dates specified.
6.1. The decision of the Promoteris final and no correspondence or discussion will be entered into.
6.2. The Promoter will contact the winner personally as soon as practicable after the Closing Date, using the telephone number or email address provided with the prize draw entry. The Promoter will not amend any contact information once the prize draw entry form has been submitted.
6.3. 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 publish the surname and county of major prize winners.
6.4. The Promoter may ask for a video or photograph of the winner for promotional purposes subject to the winner providing written consent to their photos or videos being used for promotional purposes.
6.5. A list of winning entries is available to anyone who emails firstname.lastname@example.org or writes to the address set out in Condition 1 (enclosing a self-addressed envelope) within one month after the Closing Date of the draw.
6.6. If you object to any or all of your surname, county and winning entry being published or made available, please contact the Promoter at email@example.com
6.7. In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority on request.
7. Claiming the prize
7.1. In order to claim your prize, please respond to the email or telephone call from the Promotor notifying you of being the winner within 14 days.
7.2. Please allow 21 days for delivery of the prize.
7.3. The prize may not be claimed by a third party on your behalf.
7.4. The Promoter will make all reasonable efforts to contact the winner. If the winner cannot be contacted or is not available, or has not claimed their prize within 14 of days of the Closing 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 relevant Closing Date.
7.5. The Promoter does not accept any responsibility if you are not able to take up the prize.
8. Limitation of liability
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 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.
9. Ownership of draw entries and intellectual property rights
9.1. All draw entries and any accompanying material submitted to the Promoter will become the property of the Promoter on receipt and will not be returned.
9.2. By submitting your draw entry and any accompanying material, you agree to:
(a) assign to the Promoter all your intellectual property rights with full title guarantee; and
(b) waive all moral rights,
in and to your draw entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
9.3. You agree that the Promoter may, but is not required to, make your entry available on its Website and any other media, whether now known or invented in the future, and in connection with any publicity of the draw. You agree to grant the Promoter a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the draw entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the draw entry and any accompanying materials for such purposes.
10. Data protection and publicity
11.1. 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 prize draw.
11.2. The Promoter reserves the right to hold void, suspend, cancel, or amend the prize draw where it becomes necessary to do so.
11.3. 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.
11.4. These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.
TERMS AND CONDITIONS
1. Definitions and Interpretation
1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“Account”||means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;|
|“Content”||means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and|
|“We/Us/Our”||Bon Chance Limited, a limited company registered in Scotland under company number SC675216 whose registered office is at 64a Cumberland Street, Edinburgh, Scotland, EH3 6RE.|
2. Information About Us
2.1. Our Site is owned and operated by Bon Chance Limited, a limited company registered in Scotland under company numberSC675216 whose registered office is at 64a Cumberland Street, Edinburgh, Scotland, EH3 6RE.
2.2. Main trading address: 64a Cumberland Street, Edinburgh, Scotland, EH3 6RE.
3. Access to Our Site
3.1. Access to Our Site is free of charge.
3.2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4.1. Certain parts of Our Site (including the ability to purchase goods from Us) may require an Account in order to access them.
4.2. You may not create an Account if you are under 18 years of age.
4.3. When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
We recommend that you choose a strong password for your Account, consisting of upper and lower case, capitals and numnbers. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at firstname.lastname@example.org. We will not be liable for any unauthorised use of your Account.
4.4. You must not use anyone else’s Account.
4.5. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 16.
4.6. If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
5. Intellectual Property Rights
5.1. All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.2. Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
5.3. You may:
(a) Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
(b) Download Our Site (or any part of it) for caching;
(c) Print one copy of any of any pagesfrom Our Site;
(d) Download extracts from pages on Our Site; and
(e) Save pages from Our Site for later and/or offline viewing.
5.4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
5.5. You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
5.6. Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
6. Links to Our Site
6.1. You may link to Our Site provided that:
(a) You do so in a fair and legal manner;
(b) You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
(c) You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
(d) You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
6.2. You may not link to Our Site from any other site the main content of which contains material that:
(a) is sexually explicit;
(b) is obscene, deliberately offensive, hateful or otherwise inflammatory;
(c) promotes violence;
(d) promotes or assists in any form of unlawful activity;
(e) discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nftionality, disability, sexual orientation, or age;
(g) is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
(h) is calculated or is otherwise likely to deceive another person;
(i) is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
(j) misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.4);
(k) implies any form of affiliation with Us where none exists;
(l) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
(m) is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
8.1. Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
8.2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
8.3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
9. Our Liability
9.1. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
9.2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
9.3. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
9.4. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
9.5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
9.6. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
10. Viruses, Malware and Security
10.1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
10.2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
10.3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
10.4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
10.5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
10.6. By breaching the provisions of sub-Clauses 10.3 to 10.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
11. Acceptable Usage Policy
11.1. You may only use Our Site in a manner that is lawful. Specifically:
(a) you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
(b) you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
(c) you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
(d) you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
11.2. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
(a) suspend, whether temporarily or permanently, your right to access Our Site;
(b) issue you with a written warning;
(c) take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
(d) take further legal action against you as appropriate;
(e) disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
(f) any other actions which We deem reasonably appropriate (and lawful).
11.3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
12. Privacy and Cookies
13. Changes to these Terms and Conditions
13.1. We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
13.2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
14. Contacting Us
To contact Us, please use one of the following:
Email address: email@example.com
Telephone number: 07765494749
Postal Address: 64a Cumberland Street, Edinburgh, Scotland, EH3 6RE.
15. Communications from Us
15.1. If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
15.2. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 14 days business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at firstname.lastname@example.org.
16. Data Protection
16.1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
17. Law and Jurisdiction
17.1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
17.2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
17.3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
17.4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non exclusive jurisdiction of the courts of England & Wales.