THE FREE LOTTERIES GENERAL TERMS AND CONDITIONS

 

Material Terms Summary

 

·       The Free Lotteries Ltd trading as The Free Lottery offers participation in online draws that result in the allocation of prizes (Competitions)

 

·       To enter a Competition, You must register and open an Account with us. By registering an Account with The Free Lotteries Ltd (www.ticketdraws.com) , you will enter into a legally binding agreement with us which incorporates the General Terms and Conditions, our Privacy Policy and the Competition Rules for each Competition that we offer and any applicable third-party terms and conditions in respect of the use of their software. (See Clause 1)

 

·       You must be 18 years of age or older and meet the other eligibility and verification criteria to enter a Competition. (See Clauses 4, 6 and 7)

 

·       We have a minimum withdrawal limit from your account of £10, unless closing your account permanently (See Clauses 10 and 13)

 

·       We collect and may use your personal information in accordance with our Privacy Policy. (See Clause 5)

 

·       We will not tolerate fraudulent activity or cheating, and we may suspend and/or close your account and share information (together with your identity) with the police and other appropriate authorities if we have reason to believe you are partaking in fraudulent activity or cheating. Where we close or suspend a customer’s account for reasons of fraud or cheating, the customer may be liable for all claims, losses, liabilities, damages, costs and expenses which we incur in connection with the fraud, dishonesty or criminal act. (See Clause 12)

 

·       We will not be responsible for any errors or events outside of our control, which may result in any entries being declared void. (See Clauses 12 and 16)

 

 

 

 

 

 

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OR DO NOT WANT TO BE BOUND BY THEM, IN WHOLE OR IN PART, DO NOT CONTINUE TO USE OUR SERVICES.

 

In such a case, you should immediately discontinue all use of the website.

THE FREE LOTTERIES LTD GENERAL TERMS AND CONDITIONS

 

1.       General

 

1.1.     By registering an Account with The Free Lottery (www.ticketdraws.com) (see Clause 4 (Registering and opening an Account)), you will enter into a legally binding agreement which incorporates these general terms and conditions ("General Terms and Conditions"), our Privacy Policy and the rules for each Competition that we offer ("Competition Rules"). The General Terms and Conditions, Privacy Policy and Competition Rules are together referred to as the "Terms and Conditions".

 

For a non-binding summary of the material terms and conditions please click (https://ticketdraws.com/term_and_condition).

 

1.2.     The Terms and Conditions govern your entry in a Competition and supersede any and all prior agreements between you and us in respect of the same.

 

1.3.     You agree to the use of electronic communications in order to enter into these Terms and Conditions and you waive any rights or requirements under applicable laws or regulations in any jurisdiction that requires an original (non- electronic) signature, to the extent permitted under applicable law.

 

1.4.     Your agreement under these Terms and Conditions applies to all the Competitions that you enter.

 

1.5.     The Competition rules can be found by clicking on the link: (www.ticketdraws.com/competition_rules).

 

1.6.     Please note that these General Terms and Conditions shall prevail in the event of any conflict between the General Terms and Conditions and the Competition Rules.

 

1.7.     Your entry in a Competitions, and these Terms and Conditions, may also be subject to any applicable terms and conditions of platform providers or other third parties including without limitation: Facebook, Apple Inc., Google Inc., Amazon Digital Services, Inc. Such other terms are not our responsibility and are a matter between you and such third parties. However, it is a condition of the General Terms and Conditions that you fully comply with and adhere to such third-party terms and conditions of use.

 

2.       Parties

 

2.1.    The Terms and Conditions are a binding legal agreement between you and The Free Lotteries Ltd, a company registered in England and Wales (registered company number 13862662) with its registered office at 2 Deerhurst Park, Forest Row, Sussex RH18 5GD.

 

2.2.    References in the Terms and Conditions to "us", "our" or "we" are references to The Free Lotteries Ltd, whose trading names include The Free Lottery. For further contact details please see Clause 18 (Contact us) of these General Terms and Conditions.

 

2.3.    References to "you" and "your" in the Terms and Conditions are to you as the end user of the Services.

 

3.       Changes to Terms and Conditions

 

3.1.     We reserve the right to modify these General Terms and Conditions from time to time (including to comply with applicable law or a change in our regulatory requirements). If we modify these General Terms and Conditions, we will notify you of such modifications by providing a prompt with a link to the revised terms on our websites. Your entry in a Competition following such notification will be deemed binding acceptance of the changes. If any change is unacceptable to you, you should stop entering our Competitions. It is your responsibility to review the Terms and Conditions and any amendments to them each time you enter a Competition.

 

4.       Registering and opening an Account

 

4.1.     To enter a Competition, you need to register and open an account with us ("Account"). You can open an Account by clicking the "Sign Up” link on our website. There are no set-up charges for opening an Account with us.

 

4.2.     When you open your Account, you will be asked to provide personal information, including (but not limited to) your first and last name, postal address, email address, date of birth and telephone number.

 

4.3.     You shall ensure that the details provided by you at registration are accurate and kept up to date. If any of these details change, please notify us using: (1) the facility provided on our websites; or (2) via the details provided in Clause 18 (Contact Us).

 

For further information about our collection and use of your personal information, please refer to our Privacy Policy.

 

4.4.     When opening an Account with us, you must fulfil our eligibility criteria and verification checks (the “Requirements”) as described in Clause 6 (Eligibility) and Clause 7 (Verification) below. You must at all times continue to satisfy the Requirements, while you have an active account with us.

 

4.5.     You can only register one (1) Account with us, which can then be used across all of our  Services. If we identify that You have acted fraudulently or dishonestly in opening multiple/duplicate accounts, we reserve the right to close any and all accounts.

 

4.6.     We reserve the right to refuse to open an Account for any reason, including failure to meet the Requirements.

 

4.7.     Any entry into a Competition via your Account must be for your own benefit and not for the benefit of any third party.

 

5.       Information we collect about you and how it is used.

 

5.1.     We process information about you in accordance with our Privacy Policy. Our Privacy Policy contains details on the types of information we collect and what we do with that information, which includes who it may be shared with and why.

 

5.2.     We are entitled to share the information we hold on you which includes but is not limited to personal data with regulators and other bodies, including the police, and law enforcement bodies in order to investigate fraud and to comply with our regulatory duties.

 

5.3.     We are entitled to share the information we hold on you which includes but is not limited to personal data, and financial information and, for all general business purposes, marketing, the prevention of fraud and financial crime and in order to satisfy our legal and regulatory obligations. For further information on how personal data is used please see our Privacy Policy.

 

6.       Eligibility

 

6.1.    You must be (18) eighteen years of age or older to enter a Competition. By registering with us, You confirm that you are aged (18) eighteen years of age or older.

 

6.2.    Entry to our Competitions may be prohibited to residents of, or persons located in, certain countries. We do not intend entry to our Competitions by persons in countries in which such activities are illegal. Our Competitions do not constitute an offer, solicitation or invitation by us for the use of, or subscription to, betting, gaming or other services in any jurisdiction in which such activities are prohibited by law. In particular, residents of or persons located in the United States must not use any of the Services. We only accept customers based in the United Kingdom.

 

6.3.    If you access any of the Services from a country other than the country specified as your country of residence in the customer registration procedure, it is your responsibility to check that entering a Competition is not prohibited and/or restricted by local laws. We accept no liability if you enter a Competition in contravention of the laws of the country in which you are located.

 

6.4.    If we discover or reasonably believe that you are entering a Competition in a country in which such Competitions are prohibited or in jurisdictions from which we do not accept customers, we shall be entitled to immediately suspend your entries and close your Account.

 

7.       Verification

 

7.1       We reserve the right to ask for proof of age and/or address from you and may suspend or restrict entry to our Competitions and your Account until you provide the requested documents.

 

7.2       By accepting the Terms and Conditions, You authorise us to conduct any identification checks that we may require (either for our own purposes or as required by applicable law or a regulatory body). In particular, we may verify that you are (18) eighteen years of age or older and that you are resident in the country in which you say you are resident. You agree to provide us with any information we may reasonably need in relation to such checks.

 

7.3       We may supply the information that you have given us to authorised agencies, who may check the details we provide against any databases (public or private) to which they have access and may keep a record of that check. You agree that we may process, use, record and disclose the personal information which you provide in connection with your registration in accordance with our Privacy Policy, and that such personal data may be recorded by us or the credit reference agencies.

 

7.4       If we are unable to confirm that your details (including, without limitation, that you are (18) eighteen years of age or older) are correct we will suspend your Account and restrict entry to our Competitions until age and identity verification checks have been successfully completed to our reasonable satisfaction.

 

7.5       As well as the other checks we may undertake, you may be required to provide proof of identity and /or proof of address to assist us with verification. If requested by us, you will need to send us a copy of your passport, driver's licence, birth certificate or other appropriate proof of address documentation for these purposes. These documents must be sent to us at: (1) The Free Lotteries Ltd, 2 Deerhurst Park, Forest Row, Sussex, RH18 5GD or (2) email at contact@thefreelottery.co.uk.

 

7.6       We reserve the right to request any documentation reasonably required in order to meet our legal and regulatory requirements or comply with our internal fraud prevention procedures, should circumstances dictate. Without prejudice to any other right or remedy, we reserve the right to suspend, delete, restrict or modify your Account where, in our absolute discretion, we believe in good faith that there has been a breach of the Terms and Conditions or any regulatory or legal requirement by you.

 

8.       User email and password

 

8.1       When you register with us, you will enter an email address and password for your Account. Once you've set your email address, we're unable to change it for you. If you wish to change your password, you may do so within the my Account section.

 

8.2       You may not in any circumstances nominate or allow any person to be an authorised user of your Account. It is your responsibility to ensure that you do not reveal your email address and password to anyone else. We shall be entitled to assume that all entries to Competitions  via your Account have been correctly entered by you, whether or not such transactions were authorised by you. We shall not be liable for any claims in the event that you disclose your email address and password to anyone else or where your negligence or deliberate act has contributed to such third party access to your Account.

 

8.3       It is your responsibility to maintain the confidentiality and security of your Account information, email address and password. If young persons are sharing or have access to Your devices, You may wish to install parental control software. You should change your password on a regular basis via the link on our website. You should notify us of any unauthorised use of your Account as soon as you suspect it or otherwise become aware of it.

 

8.4       If you repeatedly enter your password incorrectly, your Account will be locked for security purposes. If you lose or forget your email address and/or password You can retrieve the details or if you need to, unlock your Account using the tools provided on our website. Alternatively, You can contact our Customer Care Team by email and subject to sufficient security and verification checks we will reset Your password for You. If You suspect that someone else has obtained Your email address and password, You must contact us by email immediately.

 

9.       Entry to our Competitions

 

9.1.     We reserve the right to suspend, modify, remove and/or add Competitions at our reasonable discretion on prior notice to you wherever possible, however some amendments to products or the Services may be required to be made with immediate effect and without notice.

 

9.2.     You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website; the servers on which our website is stored; or any server computer or database connected to our website. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them.

 

9.3.     You agree that you will not enter a Competition other than for your own benefit. Any entries placed through your Account that are not for your own benefit are forbidden unless agreed by us (in writing) in advance.

 

9.4.     You agree not to give any indication that you have any commercial relationship with us or that you are our agent.

 

9.5.     We will operate all the Competitions with the reasonable skill and care as described in these Terms and Conditions. We do not make any other promises about how the Competitions will be operated.

 

9.6.     You are strictly prohibited from using our website for any unlawful, illegal, immoral or illegitimate purpose. Without prejudice to the generality of this clause 9, you may not, except to the extent expressly permitted by law:

 

·       cheat, rig, fix, circumvent rules or processes, use multiple accounts, exploit ‘loopholes’ or bugs, or enter a Competition in a way which is not within the spirit intended by the Terms and Conditions or in a way which may harm the experience of other participants;

 

·       modify or adapt the website or hack, merge, translate, create derivatives from the same, mimic, disable the same or otherwise tamper with them;

 

·       reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software, code or other intellectual property used to provide the website;

 

·       delete, obscure, remove or otherwise prevent the proper display of intellectual property (including without limitation copyright and trademark notices or other legal lines or credits) notices in the Services;

 

·       do anything (or attempt to do anything) which might disrupt use of the website by us or other users, or which could threaten, harass or upset other users; and or

 

·       make anything available on or through the website that violates the rights of third parties (including without limitation their intellectual property or privacy rights).

 

9.7.     Your entry to our Competitions is entirely at your own risk. We do not recommend entry to the Competitions if you have a history of, or propensity towards, gambling addiction. Where you do participate, you warrant that you will do so responsibly, legally and prudently. If you are in any doubt as to your ability to do so, you should seek professional advice before participating.

 

10.    Entering a Competition

 

10.1.      It is your responsibility to ensure that you only enter the Competition that you intend to.  Entries are final once they have been confirmed by our website, as per the relevant Competition Rules.

 

10.2.     You may not cancel or change your entry without our consent.

 

10.3.     Any winnings accrued from a Competition will be paid into your Account where they will be held until you apply to Us to withdraw them.  There is a minimum withdrawal limit of £10 at any time unless you are closing your account permanently (See Clause13). We will within 7 days of receiving a withdrawal request make a payment using the same payment method you provided when making the last payment or such other payment method as we may reasonably select.

 

11.  Refusing entry to Competitions

 

11.1.     We reserve the right, acting in good faith, to refuse your entry into a Competition in the following circumstances:

 

11.1.1.     you are under (18) eighteen years of age;

 

11.1.2.     you are in a jurisdiction (or a resident of a jurisdiction) that renders the provision of our products to you or your use of them illegal;

 

11.1.3.     you are in breach of the relevant Competition Rules, or the Terms and Conditions;

 

11.1.4.     you are found to be using multiple Accounts or a duplicate Account; or

 

 

12.  Fraud and cheating

 

12.1.              We will not tolerate any fraudulent activity or cheating. We reserve the right to suspend any further entries by You and close Your account and share information (together with Your identity) with the police and other appropriate authorities. A non-exhaustive list of what we consider to be fraudulent activity or cheating is set out below:

 

•         identity fraud;

•         forgery;

•         collusion with other individuals;

•         utilisation of software to gain an advantage;

•         exploitation of loopholes within our software & functionality;

 

12.2.              You will not in any way interfere, interrupt, attempt to interrupt, or attempt to manipulate the operations of our Competitions. Failure to comply with this rule may lead to Your exclusion from our Competitions, forfeiture of any winnings from such prohibited behaviour and to possible criminal and civil investigations.

 

12.3.              If we reasonably consider that any of the events referred to in Sections 12.1 and 12.2 above may have occurred or are likely to occur, we reserve the right to:

 

12.3.1.         refuse access to our Competitions;

 

12.3.2.         close Your Account;

 

12.3.3.         If we close Your Account for any of the reasons referred to above in this Clause 12, you shall be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by us (together “Claim”) arising as a result of or in connection with Your fraud, dishonesty or criminal act and You agree to fully compensate us for any costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, any loss of profit and any loss of reputation) in respect of such Claims.

 

 

13.    Closing Your Account

 

13.1.              You have the right to close your Account at any time. You should make a request to close your Account by writing via e-mail; see Section 18 (Contact Us) for details. We will respond within a reasonable time. You remain responsible for activities using Your Account until it is closed. Upon our confirmation of the closure of Your Account, we will notify You.

 

13.2.              Once your Account has been closed we will repay any outstanding balance on your Account, using the same payment method you provided when making the last payment, or such other payment method as we may reasonably select.

 

13.3.              We reserve the right, at our absolute discretion, to close your Account and/or implement a permanent ban for the following reasons:

 

13.3.1.   we, acting in good faith, have reason to believe that you are in breach of a material provision of these Terms and Conditions including but not limited to Section 6 (Eligibility) and entry into our Competitions in contravention of the laws of the country in which you are located and Section 12 (Fraud and Cheating);

 

13.3.2.   you fail to provide us with accurate information in relation to your Account;

 

13.3.3.   we, acting in good faith, have reason to believe that you have opened or are using multiple Accounts or a duplicate Account;

 

13.3.4.   where we have taken the steps to void an entry to a Competition for one of the reasons set out in Section 11 (Refusing Entry to Competitions) above, your actions leading to that shall be considered a breach of these Terms and Conditions and shall entitle us to close your Account;

 

13.3.5.   you misuse our website;

 

13.3.6.   we are required to do so by any regulatory authority or court;

 

13.3.7.   we discover that you are entering our Competitions in contravention of the laws of the country where you are located;

 

13.4.      You agree to compensate us for any costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, any loss of profit and any loss of reputation) arising where we close Your Account in accordance with this Clause 13.

 

14.  Dormant Accounts

 

14.1.      Should Your Account become dormant through lack of use, we will continue to contact you (where you have "opted-in") with promotional messages until such time as you instruct us to stop. Once your Account has been closed we will repay any outstanding balance on your Account, using the same payment method you provided when making the last payment, or such other payment method as we may reasonably select.

 

14.2.      Please note that after a period of no less than 24 (twenty-four) months of Account inactivity we reserve the right to close dormant Accounts.

 

 

 

15.  Events outside our control

 

15.1.      We are not responsible for any events beyond our reasonable control. Such events might include, but are not limited to, network failures, malfunctions to our systems or third-party systems, war, terrorist activity, riots, malicious damage, fire, flood, storm, nuclear accident or compliance with any new law or governmental order, rule, regulation or direction.

 

15.2.      We may also suspend or cancel the Competitions if, despite making reasonable efforts to do so, we are not able to offer entry as a result of events beyond our reasonable control.

 

16.  Limitations and Exclusions

 

16.1.      Nothing in these Terms and Conditions is intended to:

 

16.1.1.         exclude or limit our liability for fraud or for death or personal injury resulting from our negligence; or

 

16.1.2.         limit your statutory rights (statutory rights include, for example, that we will provide our Service to a reasonable standard and within a reasonable time). For more information about your statutory rights, contact your local consumer protection organisation (the Citizens Advice Bureau (http://www.citizensadvice.org.uk/) or Trading Standards Office (http://www.tradingstandards.gov.uk/advice/) if You are located in the UK).

 

16.2.      Subject always to Section 16.1 above, we will not be liable for any damage or loss suffered or incurred by you as a result of:

 

16.2.1.         any entry into a Competition in breach of these Terms and Conditions;

 

16.2.2.         failures caused by the equipment you use to access our website or failures in any network (including failures by your internet service provider);

 

16.2.3.         damage to your equipment (e.g. desktop, laptop, mobile, smartphone, tablet, games console or other internet-enabled device) or for any loss or corruption of data that results from your use of our website (and we cannot and do not guarantee that any files that You download are free from viruses, contamination or destructive features) EXCEPT THAT if any defective digital content that we have supplied to You damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation;

 

16.2.4.         any loss whatsoever arising from your abuse or misuse of your Account;

 

16.2.5.         any event outside our control as set out in Clause 15 (Events Outside Our Control); or

16.2.6.         our closure or suspension of your Account in accordance with these Terms and Conditions.

 

16.3.      You agree to compensate us for any costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, any loss of profit and any loss of reputation) arising directly from your fraud, dishonesty, criminal act or breach of these Terms and Conditions.

 

16.4.      We hereby disclaim all warranties that can be legally disclaimed, whether express or implied.

 

16.5.      Other than as mentioned above, and to the extent permitted by applicable law, our overall liability to you, unless excluded elsewhere herein, is limited to the sums you spent within your Account within the twelve (12) month period prior to the relevant date of alleged liability.

 

16.6.      Under no circumstances shall we be liable to you for any loss or damage of an indirect or consequential nature, such as (without limitation) loss of profit, loss of trade, loss of data, loss of contract, loss of reputation etc.

 

17.       Intellectual Property

 

17.1.      All intellectual property rights in our website and all material and/or content made available on our website (including but not limited to rights in all code, software, animations, graphics, music, sound, photographs, video content or text, and the selection and arrangement thereof) or otherwise by us shall remain at all times our property or the property of our third party licensors.

 

17.2.      The names, images and logos identifying us, our partners or third parties and our/their products contained in our website are proprietary marks and may not be reproduced or otherwise used without express permission. The same is protected by copyright law, international copyright treaties and conventions and other laws. All rights are asserted and reserved. Nothing contained in these Terms and Conditions shall be construed as conferring by implication any licence or right to use any trademark, patent, design right or copyright that belongs to us or any third party. You may not translate, reverse engineer, modify, adapt, exploit, disassemble, decompile, merge or create derivative based on our website or tablet applications unless expressly permitted by applicable law but if you do, the product and all end results of those acts shall belong to, vest in and be the exclusive property of us on creation.

 

18.       Contact Us

20.1 If You need to contact us, you can email us at contact@thefreelottery.co.uk or write to us at 2 Deerhurst Park, Forest Row, Sussex RH18 5GD.

 

19.       Miscellaneous

 

19.1.      If we need to notify you under these Terms and Conditions, we will do so by email to the email address provided to us registered to your Account.

 

19.2.      We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms and Conditions to another legal entity. You agree that we may do so provided that this will not adversely affect the standard of service you receive under these Terms and Conditions to a material extent. In the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under these Terms and Conditions to another legal entity, Your only rights under or in connection with these Terms and Conditions will be against the new legal entity and not against us. As set out in Clause 13, You may close Your Account with us at any time.

 

19.3.      These Terms and Conditions are personal to you. You may not transfer your rights or obligations under these Terms and Conditions to anyone else.

 

19.4.      If you breach these Terms and Conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions.

 

19.5.      If any part of these Terms and Conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

 

19.6.      These Terms and Conditions are not intended to give rights to anyone except you and us. This does not affect our right to transfer these Terms and Conditions under Clause 19.2.

 

19.7.      These Terms and Conditions are only available in the English language.

 

19.8.      These Terms and Conditions contain the whole agreement between you and us. You warrant and confirm that you have not entered into these Terms and Conditions upon the basis of any representations that are not expressly incorporated into the General Terms and Conditions. 

 

19.9.      Nothing contained within these Terms and Conditions is intended to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any third party.

 

19.10. Any notice due or required to be served under these Terms and Conditions shall be served on us using our registered address as set out above or on you using whatever contact details you provide. Notices may be served by us by electronic means or by recorded delivery. Notices may only be served by you on us by recorded delivery.

 

20.       Governing Law and Jurisdiction

 

20.1 These Terms and Conditions are governed by and interpreted in accordance with the laws of England and Wales.

 

20.2 Unless otherwise specified in the Competition Rules, disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

 

 

 

21.       Indemnity

 

21.1.     You hereby indemnify, defend and hold us harmless and our affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the “Indemnified Parties”) from and against any and all any liabilities, claims, loss, damage, injury, costs and expenses (including professional fees) incurred or suffered by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or claims arising directly or indirectly from your use or misuse of the Services and / or any negligent or improper use of your password and username and / or any use otherwise than in accordance with the Terms and Conditions. Such indemnity shall be on a full indemnity basis.