TERMS & CONDITIONS
STANDARD COMPETITION TERMS
1. Qualifying Persons
1.1 Definition of Promoter: Ooosch Giveaways Limited, (the 'Promoter'), engages in the operation of legally structured Competitions, which are skill-based games resulting in the awarding of Prizes in strict adherence to the stipulated terms and conditions set forth on its digital platform accessible at www.ooosch.com (the 'Website'). These games of skill, known collectively as the Competitions (the 'Competitions'), afford participants the opportunity to win Prizes based on the demonstration of skill as detailed by the rules of each specific Competition.
1.2 Eligibility Criteria: The Competitions are open to individuals who are at least eighteen (18) years of age and who have reached the age of majority in their jurisdiction of residence at the time of Entry. Notwithstanding the foregoing, the following individuals are not eligible toparticipate: employees, consultants, officers, directors, and shareholders of the Promoter,any of its affiliate entities, or their immediate family members (spouse, parent, child, sibling,and their respective spouses, regardless of where they live), or any person residing in thesame households of such individuals, whether or not related. Participation constitutesEntrant's full and unconditional agreement to these Terms and Conditions and to the Promoter's decisions, which are final and binding in all matters related to the Competition.
1.3 Right to Terminate Account: The Promoter reserves the unilateral right to suspend orterminate the account of any customer without notice if, in the Promoter's sole and absolute discretion, the customer engages in conduct which the Promoter deems to be improper, unfair, or otherwise adverse to the operation of the Competition or is in any way detrimental to other customers, staff, or the Promoter. Such conduct includes, but is not limited to, fraudulent account activity, abusive behavior towards other customers or staff, or any misrepresentation about the customer's identity. The Promoter's decision in respect of all matters to do with the Competition will be final and no correspondence will be entered into
1.4 The Promoter retains the sole and absolute discretion to deny any Entrant participation in the Competitions without notice or explanation.
2. Legal Undertaking
2.1 Acceptance of Terms: Participation in any Competition by any Entrant ('Entrant', ‘Entrants’) constitutes an affirmative acknowledgment of legal capacity and signifies a binding acceptance of these Terms and Conditions, including any additional stipulations outlined in associated promotional materials. By entering a Competition, you warrant that you have reviewed, comprehended, and agreed to be legally bound by these documents.
2.2 Governing Law: All Competitions shall be exclusively governed and construed in accordance with the laws of the United Kingdom. By participating in the Competitions, Entrants agree that any and all disputes, claims, and causes of action arising out of or connected with the Competitions shall be resolved individually, without resort to any form of class action, and exclusively by the courts of the United Kingdom, to which Entrants submit to exclusive jurisdiction and venue.
2.3 International Compliance: Entrants entering Competitions via the Website affirm their understanding and compliance with their local jurisdiction's laws concerning Competition Entry. Entrants are solely responsible for ensuring that their participation is not in violation of any applicable laws in their country of residence. The Promoter disclaims all liability for any illegal Entry of an Entrant. In the event of uncertainty or potential infringement of local laws, Entrants should exit the Website and consult appropriate local authorities before proceeding.
3. Competition Entry
3.1 Entry via Website: Competitions may be accessed and entered via the Website. The Promoter may conduct several Competitions concurrently, each with its own designated Prize.
3.2 Competition Availability and Pricing: The availability and pricing of Competitions are subject to the Promoter’s discretion and shall be specified at the point of sale on the Website.
3.3 Ooosch Account Registration: To participate in a Competition, Entrants are required to register an account with the Promoter. Account registration can be completed online by providing an email address or by using a social media account such as Facebook, Twitter, or Gmail (‘Social Media Account’).
3.4 Online Entry Process: Entrants must adhere to the following steps when entering a Competition online via the Website: (a) Select the desired Competition and, upon deciding to enter, provide contact and payment information to purchase Entry(s); ensuring accuracy and agreement to the Competition terms and conditions as evidenced by ticking the corresponding declaration. (b) Upon payment clearance, the Promoter will confirm the Entrant's participation in the Competition via email. Note: Entry into the Competition is only secured upon email confirmation of the Entry(s) order from the Promoter.
3.5 Definition of Entry: Within the scope of these terms and conditions, an Entry (‘Entry,‘Entries’) refers to a formal submission by an individual, known as an Entrant, to participatein a Competition hosted by the Promoter. This submission typically requires the Entrant to complete specific actions as set out by the Competition's rules, which may include providing personal information, answering a question, performing a task, or making a payment where applicable. Each Entry is associated with a unique identifier, ensuring the Entrant is included in the draw for the Competition's Prize. An Entry must comply with all Competition guidelines and is subject to verification and acceptance by the Promoter. An Entry is valid only if it meets all the requirements stipulated by the Promoter for the specific Competition.
3.6 Entry Disqualification: The Promoter retains the right to refuse or invalidate any Entry that is incomplete or non-compliant with these terms and conditions, should the Promoter have reasonable cause to believe an infringement has occurred.
3.7 Ownership of Entries Payments: Subject to applicable laws, all Entries payment submitted become the property of the Promoter and are non-refundable.
3.8 Entry Limitations: Entrants may submit Entries up to the maximum number delineated on the respective Competition page.
3.9 Competition Closure: A Competition officially concludes when the final Entry number isallocated. Subsequent Entries shall not be permitted.
3.10 Account Requirement for Entry: Entrants must establish an account with the Promoter, providing a valid email address, prior to entering any Competition.
3.11 Single Account Policy: The Promoter mandates that each individual may establish andoperate solely one (1) Ooosch.com account. This policy ensures equitable Competition participation. Entries submitted from multiple accounts associated with a single user for a given Competition will be declared null and void, and any accompanying payments will be retained by the Promoter.
4. Promotion Periods
Each Competition shall be conducted within a predefined duration. Entrants are advised to consult the specific details of each Competition, as provided on the Website, for information regarding the commencement and conclusion times and dates.
5. Competition Judgement
5.1 For the purposes of these Competitions, a winner (‘Winner’, ‘Winners’) is defined as the Entrant whose Entry is randomly selected by the Promoter's random number generator mechanism from among all eligible Entries received. The selection is subject to verification against the rules and regulations of the Competition as detailed herein. The outcome is determined solely by the randomness of the draw, within the constraints of a minimum of fifty (50) and a maximum of one million (1,000,000) potential selections, corresponding to the number of Entries. This process ensures that each Entrant has a fair and equal chance of winning the stipulated Prize for the Competition, in accordance with the principles of chance and the specific rules set forth for each Competition. The selection process is conducted transparently and is open to public viewing via live stream on the Promoter's official social media channels (‘Live Draw’).
5.2 In accordance with the adjudication methodology inherent to the Competitions, it is established that a single Winner shall be declared for each individual Competition. This is subject to express provisions to the contrary, should an alternative arrangement be explicitly outlined in the specific Competition’s descriptive literature.
5.3 The Promoter shall endeavour to notify the Winner through contact methods such as telephone and email, as provided by the Entrant at the moment of Entry or as updated thereafter in the Promoter’s secure database. It is incumbent upon the Entrant to ensure the accuracy and current status of such contact information. The Promoter disclaims any liability for unsuccessful contact attempts should the Entrant provide incorrect or outdated details. Itis the Entrant's responsibility to verify that their contact information is recorded accurately within the Promoter's systems.
5.4 In circumstances where the Promoter cannot establish contact with a Winner within five (5) calendar days subsequent to the termination of a Competition, or if the Winner does not execute an affirmative acceptance of the Prize, or if the Winner is rendered ineligible ordisqualified due to a breach of these terms and conditions, said Winner will thereby forfeit any entitlement to the Prize. Consequently, the Prize is considered as voluntarily forfeited by the Winner, all rights to the Prize shall revert to the Promoter, retaining full possession and ownership of the Prize.
5.5 Early Closure of Competitions: Should the Promoter opt to conclude a Competition prior to the designated end date, a Winner shall be selected based on valid and eligible Entries submitted before the early closure. Notwithstanding, the Promoter maintains the prerogative, at its absolute discretion, to terminate a Competition early without determining a Winner. In such instances, the Promoter commits to providing all affected Entrants with a Credit, which may be used to participate in future Competitions. Furthermore, the Promoter reserves the exclusive right to extend the closing date of any Competition as it sees fit.
5.6 Definition of Credit: For the purposes of these terms and conditions, Credit refers to a non-monetary voucher or token that is credited to an Entrant's account with the Promoter. This Credit may be used by the Entrant as a means to enter future Competitions hosted on the Promoter's platform. It represents a value equivalent to the Entry price of a Competition and is non-transferable, non-refundable, and cannot be exchanged for cash or other forms of credit outside the Promoter's Competitions. Credits are to be utilized within the stipulated timeframe and subject to the rules and regulations set forth by the Promoter.
5.7 Database Registration: Upon Entry into any Competition, Entrants shall be automatically registered within the Promoter’s database. This registration facilitates communication regarding the status of the Competition and informs Entrants of upcoming Promotions and Competitions initiated by the Promoter.
5.8 Extension of Competition Timeline: Competitions may be subject to an extension, not to exceed seven (7) days on any single occasion, with a maximum of four (4) such extensions in total. Should a Competition not reach full participation following the fourth extension, the Prize to be awarded shall be adjusted to a cash sum equivalent to seventy percent (70%) of the total funds collected from Entries for that specific Competition. Only those who have entered the Competition will be included in the draw for this cash Prize.
6. Winner’s Details
6.1 Winner Identification and Prize Receipt: Upon the award of a Prize, the recipient designated as the Prize Winner shall be mandated to furnish satisfactory proof of identity to facilitate Prize distribution. The Promoter reserves the right to require such proof as a condition precedent to the transfer of the Prize. Non-compliance with this requirement, or the provision of identification deemed unsatisfactory at the discretion of the Promoter, shall constitute grounds for disqualification. Consequently, the Prize is considered as voluntarily forfeited by the Winner, all rights to the Prize shall revert to the Promoter, retaining full possession and ownership of the Prize.
6.2 Acceptance of Terms and Promotional Participation: By accepting the Prize, the Winner expressly agrees to participate in reasonable promotional activities as requested by the Promoter. This includes but is not limited to the participation in photo, video sessions and the creation of promotional videos. The resultant images, recordings, and any reproductions or adaptations thereof may be utilized by the Promoter for marketing, public relations, and promotional purposes directly associated with Competitions, the Promoter’s brand and activities, across any media globally and in perpetuity. This agreement to participate inpromotional activities is an integral part of the acceptance of the Prize. Failure of the Winnerto adhere to this term will be interpreted as a voluntary forfeiture of the Prize, upon which all entitlements to the Prize will revert to the Promoter. Consequently, the Promoter will retain all rights to possess and dispose of the Prize as deemed appropriate.
6.3 Consent to Use of Promotional Material: Upon acceptance of the Prize, the Winner shall irrevocably grant permission to the Promoter to use, reproduce, modify, publish, create derivative works from, and display the photographs, video recordings, and any other promotional material captured in relation to the Competition, in any media known now ordeveloped in the future, for marketing, advertising, and promotional purposes associated with the Promoter's activities, without further compensation or right of review. The Winner explicitly relinquishes any claim to copyright or other rights in any promotional material or derivative works thereof. Such waiver includes, without limitation, any claims for infringement of any privacy, publicity, or intellectual property rights in connection with such use.
6.4 Verification of Winner's Eligibility: Upon the selection of an Entrant as the Winner, the Promoter shall commence a verification process to ascertain the Entrant's conformity to the established terms and conditions, as well as their qualification to be awarded the Prize. This essential verification process shall encompass, inter alia, the corroboration of the veracity of information submitted by the Entrant, authentication of the legitimacy of the Entry, and an audit to ensure there has been no contravention of the Competition's regulations. The Winner is obligated to engage cooperatively with the Promoter and to furnish, in a timely manner, any documentation or information the Promoter deems necessary to validate the Entrant's eligibility. The Prize shall be conferred upon the Entrant only subsequent to the Promoter's satisfaction with the successful completion of the verification process. Should the Winner fail, neglect, or otherwise demonstrate an inability to satisfactorily participate in the verification process, such failure shall be deemed as an implicit forfeiture of any claims to the Prize. In consequence of such forfeiture, all rights to the Prize shall revert to the Promoter, retaining full possession and ownership of the Prize.
7. Competition Prizes
7.1 Definition of "Prize" Within these terms and conditions, Prize denotes the award that is presented to the Winner of a Competition. The Prize is detailed explicitly in the promotional material related to the specific Competition and may encompass, without limitation, items such as products, services, experiences, travel opportunities, monetary awards, vouchers, or other forms of reward as decided by the Promoter. Prizes are non-exchangeable, non-transferable, and cannot be redeemed for cash or other alternatives unless specified by thePromoter.
7.2 Prize Delivery and Winner Responsibilities: The Promoter will cover the cost of Prize delivery for Winners located within Ireland or the UK. Winners requiring delivery to locations outside of these regions may incur delivery charges, which the Promoter reserves the right to impose. Such potential charges will be disclosed and must be accepted by the Winner prior to the dispatch of the Prize.
7.3 Following the completion of the verification process, as described in clause 6.4, the Promoter will coordinate with the confirmed Winner to organize the delivery of the Prize. The Promoter will consult with the Winner to establish a suitable delivery schedule and method, taking into account the logistical demands of the Prize and the geographical location of the Winner. The Promoter commits to managing all elements of the Prize delivery process diligently and withdue care, with the objective of completing delivery in a reasonable period after the verification process has concluded.
7.4 Winner's Incidental Expenses and Compliance: Winners are responsible for any and all ancillary costs that may be incurred in relation to the receipt or use of the Prize. The Promoter is absolved of any responsibility for such expenses. Furthermore, Winners must comply with any conditions or terms imposed by the Prize provider, manufacturer, or supplier, including but not limited to adherence to warranty policies and service agreements.
7.5 Prize Acceptance Conditions: Prizes must be accepted as awarded and cannot be transferred, exchanged, or redeemed for cash or other alternatives. Winners agree to abide by all terms associated with the Prize as stipulated by the Promoter, the Prize provider, manufacturer, or supplier.
7.6 Holiday Prize Arrangements: In the case of Prizes that include a holiday or travel component, the Winner is responsible for organizing and confirming any desired alterations to the travel dates or other details of the Prize. The Winner must handle and confirm all such arrangements independently and will be solely responsible for all additional costs associated with these changes. The Promoter is not obligated to assist in these modifications but may, at its discretion, provide the Winner with the necessary booking information to facilitate such changes. Any adjustments are subject to the terms and conditions of the travel provider and must not result in any additional liability or cost to the Promoter.
8. Storage: The Promoter offers complimentary storage of the Prize for a duration of thirty (30) calendar days subsequent to the Winner of a Competition being selected. Upon the lapse of this period, the Prize shall be dispatched to a delivery address as specified by the Winner. It is incumbent upon the Winner to furnish the Promoter with a valid and accurate address for this purpose. Should the Winner fail, neglect to provide a deliverable address within the aforementioned timeframe, or if the provided address is deemed invalid or undeliverable, such failure shall be deemed as an implicit forfeiture of any claims to the Prize. In consequence of such forfeiture, all rights to the Prize shall revert to the Promoter, retaining full possession and ownership of the Prize.
9. Limits of Liability: The Promoter expressly disclaims all warranties, express or implied, to the extent permittedby law, regarding the quality, suitability, or fitness for a particular purpose of any goods or services provided as Prizes. The Promoter's liability for any claims arising out of or inconnection with the Competition or the Prize is strictly limited to liability for death or personal injury caused by its negligence or wilful misconduct. Beyond such instances, the Promoter, including its officers, directors, employees, or agents, shall not be liable for any indirect, special, incidental, consequential, or economic damages,or any other losses incurred or suffered by the Winner or by any third parties in relation to the goods or services supplied as Prizes. This limitation of liability applies to all aspects of the Competition, including but not limited to, the Entry process, Prize allocation, and post-Competition engagement, and remains in force notwithstanding the termination or expiration of the terms and conditions.
10. Refund Policy: The Promoter operates under a strict no-refund policy. Participation in any Competition constitutes an Entrant's full and irrevocable acceptance of these terms and conditions, which includes the acknowledgment and agreement that once an Entry is submitted, the Entrant is not entitled to a refund for any Entry fee or associated costs, except as may be required by applicable law. Any exceptions to this policy are at the sole discretion of the Promoter and will only be considered under extraordinary circumstances as determined by the Promoter in accordance with statutory rights of the Entrant.
11. Electronic Communications and System Integrity
11.1 Disruption of Service: The Promoter accepts no liability for any failures in transmission, loss, delay, or corruption of any data or communication in connection with the use of any of its services including, without limitation, electronic communications sent through computers, telephones, cables, networks, or internet protocols. This includes responsibility formal functions of any hardware or software, accessibility issues, service provider failures, internet disruptions, unauthorized interventions, or traffic congestion.
11.2 Awarding of Prizes: While the Promoter endeavours to ensure that all Prizes are awarded correctly to the rightful Entrants, it acknowledges that technical or human errors may occur. In such cases where the Prize has been awarded erroneously due to system failure or oversight, the Promoter reserves the right to rectify the error by revoking the incorrectly awarded Prize and reassigning it to the rightful Entrant, at its discretion and without admitting any liability for the initial mistake.
11.3 Competition Closure and Extensions: In circumstances where the Promoter deems it necessary to close a Competition earlier than anticipated, the selection of a Winner will be conducted from amongst all eligible and valid Entries submitted prior to the closure. The Promoter reserves the right to conclude a Competition without designating a Winner, should it find justifiable reason to do so. Under such circumstances, all Entrants will receive a Credit, allowing them the opportunity to participate in future Competitions. Additionally, the Promoter retains the right to extend the closing date of any Competition at its sole discretion.
11.4 Limitation of Liability for Incorrect Awards: The Promoter shall not be held accountable for any consequential, indirect, or special damages arising from the erroneous award of a Prize, including any economic loss. No Entrant or third party shall be entitled to any form of compensation or redress for such errors beyond the correction of the Prize award where applicable.
11.5 System Performance: The Promoter commits to maintaining the functional integrity of its software and Websites, ensuring accurate performance across contemporary internet, tablet, and mobile browser technologies. Only Entries that are fully recorded in the Promoter's systems will be considered valid. The Promoter is not responsible for any discrepancies arising from software malfunctions or other technical anomalies.
12. Amendments to Terms and Conditions
12.1 Updates and Notice: The Promoter reserves the right to amend these terms and conditions at its discretion and without prior notice. Any and all changes will be reflected in the latest version of the terms and conditions, which will be made available on the Website. The effective date of the current terms and conditions will be noted therein. Entrants are advised to review the terms and conditions on a regular basis to remain informed of any changes.
12.2 Acceptance of Revised Terms: Your continued access to and use of the Website and participation in Competitions following the posting of any changes to these terms and conditions constitutes unconditional acceptance of those changes. If you do not agree to the changes, you must cease using the Website and participating in Competitions.
12.3 Modifications to Service Offerings: The Promoter may, from time to time, modify or discontinue, temporarily or permanently, the Website or any services or Competitions provided therein, with or without notice, to improve our services, cater to our users’ preferences, or for other business reasons. Such changes will be made with the aim of enhancing user experience and service provision.
12.4 Feedback and Adaptation: The Promoter values the feedback and input of its users and may adapt its service offerings, including the Website and Competitions, to better meet the needs of its users as reflected in their feedback.
13. Entry by Post
13.1 Method of Submission: Individuals may enter the Competition without incurring a fee by submitting their Entry via post. Such postal Entries must include the Entrant's full name, residential address, date of birth, contact telephone number, email address, the specific Competition they wish to enter, and the answer to the Competition question.
13.2 Address for Submission: Entries should be addressed to Ooosch Giveaways Limited, Suite 4000 To 4025, 6 Margaret Street, Newry, Down, BT34 1DF. It is imperative that Entrants clearly indicate the specific Competition they are entering.
13.3 Responsibility for Postal Entries: The Promoter accepts no responsibility for postal Entries that are not deemed fully complete, are lost, or are subject to delays for any reason, including but not limited to postal delays, equipment failure, or technical malfunctions of any nature.
13.4 Entry Receipt and Disqualification: Postal Entries must be received by the Promoter no later than the designated closing time on the specified closing date of the Competition. Entries received beyond this point, or Entries that are incomplete or illegible, will not be considered and are subject to disqualification.
13.5 Entry Validation: The Promoter is not required to confirm receipt of Entries or the accuracy of Entry details, including the correctness of answers. The onus is on the Entrant to ensure timely and correct submission.
13.6 Inclusion in the Competition: All valid free Entries will be treated with the same fairness as paid Entries and will be included in the Live Draws.
13.7 Terms and Conditions Compliance: Free Entries are subject to the same terms and conditions governing paid Entries, and Entrants submitting a free Entry agree to be boundby these terms and conditions.
14. Personal Data
14.1 Consent for Data Use in Competitions: By participating in a Competition, Entrants explicitly consent to the processing of their personal data by the Promoter for the purposes of administering the Competition and any related promotional activities, in accordance with the General Data Protection Regulation (GDPR). This personal data includes but is not limited to the Entrant's name, address, and photographic likeness.
14.2 Participation in Promotional Activities: Entrants acknowledge that consent to use their personal data for promotional activities—such as public appearances, the production of promotional materials, and inclusion in both digital and print campaigns—does not confer any right to compensation. Personal data will be processed strictly within the scope of these activities and per the Promoter’s privacy policy.
14.3 Rights Regarding Personal Data: Entrants have the right, under GDPR, to withdraw their consent at any point, request access to, rectify, or erase their personal data, or restrict the processing of their personal data. The Promoter is committed to ensuring the confidentiality of the Entrants' data and will employ appropriate security measures to safeguard against unauthorized access and processing.
14.4 Impact of Withdrawal of Consent: Withdrawal of consent may impede an Entrant's participation in the Competition or the receipt of a Prize. The Promoter shall process personal data only for the duration necessary to fulfil the purposes outlined herein and will adhere to any applicable legal, accounting, or reporting obligations.
14.5 Data Retention and Security: Personal data provided by Entrants will be retained by the Promoter no longer than necessary and will be protected with adequate security measures, reflecting the Promoter's commitment to the Entrants' privacy rights and compliance with GDPR.
14.6 Use and Disclosure of Personal Data: The personal data provided by Entrants will be used exclusively for Competition administration and Prize fulfilment. The Promoter may disclose personal data to the following entities: (i) Credit card companies for payment processing; (ii) Legal entities or individuals to whom the Promoter may assign or delegate its rights and responsibilities under any agreement with Entrants; (iii) Potential acquirers or entities to whom the Promoter may transfer part of its business or assets; (iv) Law enforcement or regulatory authorities, to comply with legal obligations or for the prevention, detection, or prosecution of criminal activities; (v) Service providers and advisors that perform services for the Promoter.
14.7 International Data Transfer: In situations where personal data must be transferred outside the United Kingdom, the Promoter shall take all necessary measures to ensure that the data is afforded a level of protection consistent with UK standards and the requirements of the General Data Protection Regulation (GDPR).
14.8 By creating an Account on the Website, the customers explicitly consent to subscribe and receive promotional materials from the Promoter. This subscription involves the Promoter sending information about upcoming Competitions, offers, and news related to the Promoter's activities directly to the customer's provided contact details.