Terms & Conditions
Terms & Conditions
The following Terms apply to all purchases of Raffolux Tickets and all Entries submitted to any Competition on the Promoter's Website or App.
Terms
When joining Raffolux, Entrants will be required to tick on the Website or App that they have read and accepted these Terms and agreed to be bound by them.
The Promoter
1. All Competitions are operated by the Promoter, and the Promoter is the official sponsor of each Competition unless specified otherwise. Where the product is sourced from a Raffolux Partner, the Promoter is authorised by that Raffolux
Partner to offer their respective Product(s) as Prizes in the Competitions.
How to Enter
2. By submitting an Entry, Entrants agree to be bound by these Terms. If you do not so agree to be bound, do not purchase Tickets, and do not submit an Entry.
3. To purchase Tickets and be considered for entry to a Competition, a Visitor must:
a. become a Registered User by completing all details on the Membership Form on the Website or App, or signing in through on the of the linked
social media platforms;
b. pay an amount to purchase the desired number of Tickets, or submit an entry via one or both of the free Postal Entry or Telephone Entry options
(see terms 6 and 7 for more details on Postal Entry, and term 8 for more details on Telephone Entry), with Telephone Entry only being applicable
to any Flash Competition.
4. Purchases of Tickets shall be processed by Raffolux’s payment provider, DNA Payments Limited. This shall be subject to the payment providers' terms and conditions, which are available to view on their website.
5. Purchasers of Tickets will be asked to provide their contact details, including an e-mail address and, optionally, a telephone number. This information will be processed in accordance with the provisions below and the Promoter’s Privacy Policy. The Promoter’s payment provider will require the purchaser’s card payment details and may require their cardholder name and/or postcode. Once the purchase order for the Tickets is submitted, the Registered User's card payment will be electronically approved and the Promoter will not retain any
records of the Registered User's card details.
6. Entrants entering into a Competition for free via Postal Entry must become a Registered User, and then mail their full name and a contact telephone number (including area code if providing a landline number) and the e-mail registered to their Account, and the title of the Competition they wish to enter, to Raffolux Ltd, Unit 6, 4 Ravey Street, London, EC2A 4QP. The aforementioned information must be printed in legible English. This information will be processed in accordance with the provisions in these Terms and the Promoter’s Privacy Policy.
7.Postal Entries must be sent by first or second class pre-paid post, and must be received by the Promoter at Raffolux Ltd, Unit 6, 4 Ravey Street, London, EC2A 4QP before the Draw Date of the relevant Competition or the point that the Competition sells out - whichever comes first - in order to be entered into the Competition. Postal Entries must be sent on a postcard or letter. Attempted Postal Entries received on anything other than a postcard or letter will not be accepted. The Entrant must specify which Competition they wish to enter. In the case of multiple entries received on a single postcard or within a single envelope, only one entry will be entered into the relevant Competition. If the Entrant's Account cannot be identified from the details provided on the Postal Entry, then the single ticket entry to the relevant Competition will not be processed. Postal Entries without correct and sufficient postage paid will be invalid and will not be considered. Personal and hand deliveries will not be accepted.
8. Entrants entering into a Flash Competition may do so for free via Telephone Entry. Entrants entering Flash Competitions via Telephone Entry must become a Registered User, and then call 07727650878. All calls received by this telephone number will only be charged at the normal rate with no additional charges. Telephone Entry entrants must provide their full name, the e-mail associated with their Account, the title of the Flash Competition they wish to enter, and a contact telephone number in order to be entered into the Flash Competition. This information will be processed in accordance with the provisions in these Terms and the Promoter's Privacy Policy.
9. Telephone Entries must be received before the Draw Date of the relevant Flash Competition in order to be entered into the Competition. If the Entrant's Account cannot be identified from the details provided on the phone call, then the entry into the Flash Competition will not be processed.
10. The Promoter will store and process the Entrant’s personal information. The personal information must include details of at least one form of contact and will be used for the following purposes:
a. to notify any Winner or Runner(s) Up that they have won a Prize in a Competition;
b. to administer the Website and App and conduct the Competitions; and
c. after a Draw, to post the Winner and, where applicable, any Runner(s) Up’s first name, town/county of residence and profile image or other photo on the Website and/or App, and in media communications about the Competitions.
11. All Entrants are solely and completely responsible for providing the Promoter with accurate and current contact details.
12. The Promoter will be in no way liable for any failure or inability to make contact with any Entrant due to any errors, omissions or inaccuracies in the contact details provided by the Entrants or otherwise.
13. The Promoter will not accept:
a. responsibility for Entries that are lost, mislaid, damaged or delayed in transit, regardless of cause including, for example, equipment failure,
technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or
b. responsibility for Postal Entries that are lost, mislaid, damaged, or delayed in receipt at the specified address until after the earlier of the Closing Date of the relevant Competition or the point that the Competition sells out, and this holds regardless of the cause including, for example, failure of postal service, natural disasters, and water corruption; or
c. any other purported proof of entry to the Competition other than as recorded by the systems of the Website or App, or by the Promoter upon
receipt of a Postal Entry or Telephone Entry.
14. An Entry shall be declared void, without any refund being given, if the Entrant engages in, or the Promoter at their sole discretion believes the Entrant is engaging in:
a. any form of fraud, whether actual or apparent;
b. fraudulent misrepresentation;
c. fraudulent concealment;
d. hacking or interference with the proper functioning of the Website or App; or
e. amending, or unauthorised use of, any code that constitutes the Website or App (for example, utilising any information from the Website's code
to gain an advantage over other Entrants).
15. Each individual Entrant may submit up to the maximum number of entries specified in total for any one particular Competition.
16. Only Entries made in accordance with these terms will be entitled to participate in a Competition and be eligible to win a Prize in a Competition
17. All funds paid to the Promoter in return for Tickets, and all Entries to any one Competition are final. Refunds shall not be given at any time apart from under the circumstances described in terms 28 and 45.
18. Competitions hosted on the Promoter’s Website or App may also be entered from time to time via Partner Websites that the Promoter operates. Where customers enter via those Partner Websites, they agree to abide by the terms and privacy policy of that Partner Website.
Eligibility
19. Competitions are open for entry only to private individuals (i.e. not a limited company, partnership or limited liability partnership) aged 18 (eighteen) or over and residing in or a citizen of the United Kingdom or Ireland, excluding the Promoter and their employees.
20. Only Registered Users are eligible to enter any Competition.
21. In entering a Competition, all Entrants confirm that they are eligible to do so and eligible to claim any Prize awarded in the relevant Competition. The Promoter may require any Entrant, including any Winner and/or Runner(s) Up to provide evidence that they are and were eligible to enter a particular Competition.
22. The Promoter will not accept and will not refund Entries that are:
a. automatically generated by computer;
b. completed by third parties;
c. paid for using a card belonging to someone other than the Entrant;
d. altered, reconstructed, forged or tampered with; or
e. incomplete.
23. The Promoter will not accept and will not refund Postal Entries that are:
a. completed by third parties;
b. illegible, have been altered, reconstructed, forged or tampered with;
c. incomplete;
d. incorrectly sent by post;
e. delayed in receipt at the Promoter's registered address until after the earlier of the Closing Date of the relevant Competition or the point that
the Competition sells out, or are not received at the Promoter's registered address through whatever reason other than the Promoter's
actions.
24. The Promoter reserves all rights to disqualify Entrants if their conduct is contrary to the spirit or intention of the Competition entered.
25. Entries on behalf of another private individual will not be accepted, and joint submissions are not allowed. Registered Users may not create more than one account to play under and/or benefit from, whether the additional accounts are created under fake names or not. Linked Accounts are also prohibited. If the Promoter, in their sole estimation, discovers that Entries, Gem Store claims or Referrals (including but not limited to cases where individuals are, in effect, referring themselves across accounts and claiming the benefit from doing so) are being made by the same individual from more than one account, all such benefits the individual receives including but not limited to Entries, claims, gems, Credit, Gem Store claims and Referral rewards will be voided, no refund shall be given, no benefits such as Prizes won, Credit or Gem Store claims shall be paid out, and the Promoter will be entitled to claim back any benefit such as a Prize, Credit, or Gem Store claim or, in each case, its equivalent value that has already been claimed by any of the accounts in question. Any promotions that the Promoter operates are deemed to be limited to one claim per individual, unless stated otherwise. In cases where an individual posts a promotion operated by the Promoter to a public group of any description, then the Promoter shall reserve the right to limit the benefits accruing to the individuals that have claimed that particular promotion. If the Promoter, in their sole estimation, believes that one or more accounts are Linked Accounts, then those benefits received by the Linked Accounts such as entries, claims, Credit, gems, Gem Store claims and Referral rewards shall be voided with no refunds given, and no Prizes won, Credit, or Gem Store claims shall be paid out to those Linked Accounts, and the Promoter will be entitled to claim back any Prize, Credit or Gem Store claims or, in each case, its equivalent value that has already been claimed by the Linked Accounts. The Promoter reserves the right
to void a Referral, and any benefits accruing under that Referral to either participating individual for any reason whatsoever.
26. By entering the Competition, Entrants warrant that all information that they submit is accurate, true, current and complete. The Promoter reserves the right to disqualify any Entrant (entirely at the Promoter's discretion) if there are reasonable grounds to believe the Entrant has acted in breach of any of these Terms.
27. The Promoter reserves the right to close or suspend a Registered User’s Account (and prevent the individual who created the Account from
participating in any future competitions under a different e-mail) at any time and for any reason. Without limiting the preceding sentence, the Promoter shall be entitled to close or suspend a Registered User’s Account if:
a. the Registered User is writing abusive, misleading, or factually incorrect statements to the Promoter's staff, on social media, review websites, and so on;
b. the Registered User has become bankrupt;
c. the Promoter considers that the Registered User has used the Website or the App in a fraudulent manner or for illegal and/or unlawful or improper purposes;
d. the Promoter considers that the Registered User has used the Website or the App in an unfair manner, has deliberately cheated or taken unfair
advantage of the Promoter or any of its other Registered Users or if the Registered User’s Account is being used for the benefit of a third party;
e. the Promoter is requested to do so by the police, any regulatory authority or court;
f. the Promoter considers that any of the events referred to in ‘a.’ to ‘d.’ may have occurred or are likely to occur;
g. The Promoter reasonably suspects that the Registered User is under 18 years of age; or
h. the Registered User’s Account is deemed to be dormant.
28. If the Promoter closes or suspends the Registered User’s Account for any of the reasons referred to in ‘a’ to ‘g’ above, the Registered User shall be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by the Promoter arising therefrom and shall indemnify and hold the Promoter harmless on demand for the same. This includes but is not limited to the value of any Prizes won by that Registered User (whether already claimed or not), the value of any Credit provided to that Registered User, and so on. In the circumstances referred to in ‘a’, ‘b’, ‘f’ and ‘h’ above, the Promoter may choose to refund any outstanding entries to the Registered User. In the same
circumstances in the preceding sentence, the Promoter reserves the right to disqualify any Entries that have already been entered into a Competition for which the Draw has not yet taken place.
Prizes and the draw
29. The Winner and any Runner(s) Up for each Competition will be determined and awarded the relevant Competition Prize(s) so specified on the Website and on the App in accordance with these Terms.
30. The Draw to determine the Winner and, where applicable, any Runner(s) Up will be made on the Draw Date.
31. Unless brought about by circumstances outside of the Promoter's control (e.g. a server crash), the Promoter will not extend the Closing Date for any Competition.
32. On a Competition's Draw Date:
a. there will be a Draw to determine the Winner, and the Prize shall be awarded to the Winner subject to KYC checks being completed as
outlined in term 35;
b. where the Competition provides for one or more Runner Up Prize(s), there will be a Draw or Draws to determine the Runner(s) up, who shall
be awarded the associated Runner Up Prize(s) subject to KYC checks being completed as outlined in term 35.
33. If any Winner or Runner(s) Up cannot be contacted by the Promoter within 30 (thirty) days of being notified of their status as the Winner by e-mail and/or telephone provided in the contact details submitted in their Entry, the Promoter shall be entitled to award their Prize to the Entrant next Drawn instead of the original Winner or Runner(s) Up who will lose their claim over the Prize and forfeit it, with the effect that the first Runner Up (as applicable) would become the Winner, the second Runner Up (as applicable) would become the first Runner Up, and so on. Any alternate Winner or Runner Up shall likewise comply with the 30 (thirty) day contact requirement. For the avoidance of doubt, once the original Winner or Runner(s) Up have lost their claim over the Prize, the original Winner will have no further claims against the Promoter.
34. The Promoter shall ensure and preserve the random nature of the Draw. The Draws are currently operated using a True Random Number Generator. In the event that any mechanical of technological defect occurs that relates to the draw (such as an incomplete number being drawn, or the draw process failing in some way), the draw will be cancelled and re-run once the defect has been remedied, or, failing this, using an alternative random draw method. The result(s) of the Draw are final and the Promoter shall not enter into any correspondence in relation to the same.
35. Upon the request of the Promoter, the Winner, and where applicable, any Runner(s) Up will be required to forward personal identification, such as a driver's license or passport, as well as a recent utility bill or other official document confirming their address, to the Promoter to prove their identity and age, that their Entry was made in accordance with these Terms, and that there is no lawful impediment (pursuant to any applicable local or international law) to the Winner or any Runner(s) Up being awarded any Prize in the relevant Competition. The Promoter may refuse delivery of the Prize to the Winner and any Runner(s) Up if the requested personal identification is not received. In the event that the Promoter reasonably believes that there may be a lawful impediment to awarding a Prize to a Winner or any Runner(s) Up, the
Promoter may suspend making such award until the legal issue is resolved or if, in the reasonable opinion of the Promoter such issue cannot be resolved, to award that Prize to a new Winner and / or Runner(s) Up in a like manner as set out in term 32, with the effect that the previous winner loses their claim over the Prize and forfeits it. For the avoidance of doubt, once a Prize has been forfeited, the original Winner and/or Runner(s) Up will have no further claims against the Promoter.
36. The Promoter does not guarantee that any Prize(s) will be received by a Winner or any Runner(s) Up within any particular period following the draw. The Promoter will make all reasonable efforts to deliver the Prize within a reasonable time period, and to ensure that the Prize reaches the Winner or Runner(s) Up.
37. In the event that the Winner or Runner Up wins a vehicle, unless the Promoter elects at its sole discretion to deliver the vehicle, the Winner or Runner Up will be required to travel to the Promoter's offices or a mutually agreed location to collect the Prize, with the Winner or Runner Up bearing the cost of transport unless stated otherwise. For winners of vehicles and any other Prize outside of Great Britain, registration, transport, postage, and/or any other costs will be the responsibility of the Winner or Runner Up.
38. The Promoter is entitled to refuse delivery of a Prize to a P.O. box or any other location that may be used to conceal the identity of a Winner, in order to ensure that a Prize is not delivered to a fraudulent Winner.
39. In cases where the Promoter reasonably suspects fraud has occurred, and/or an individual has taken steps to gain an unfair and unintended advantage over other Entrants in any Competition, the Promoter is entitled to refuse delivery of any Prizes that the individual under suspicion may have won. The Promoter is entitled to use any legitimate Competition wins to set off an amount owing to it from an individual, howsoever that liability arises.
40. In cases where the Prize is an experience, which should be taken to include, for example, domestic and international holidays, day-trips and one-off events or occasions, the Winner of the Prize or any Runner(s) Up will be contacted by either the Promoter or a Raffolux Partner to arrange delivery of the experience. If the Winner or Runner Up fails to confirm necessary details (e.g. the people who will be attending the experience, the desired date of the experience, etc.) within 14 days from the point of being contacted, then it is acknowledged that, on occasion, certain elements of the Prize may not be available, in which case the Promoter and the Winner/Runner Up will arrange a mutually agreeable substitute experience up to the same value as the original Prize. Where booking with a third-party provider, the Winner or Runner Up must get in contact with the Promoter before booking to confirm all items of the experience (e.g. flights, travel dates, number of people) so that the
Promoter can ensure full delivery of the Prize on the desired dates, as often these items are booked with different providers and require coordination. In instances where the Winner or Runner up fails to confirm the details with the Promoter before booking the experience and complications arise, the Promoter will substitute up to the total value of the original Prize where possible, but will have no further liability to the Winner or Runner Up.
41. Any Winners or Runner(s) up outside the UK are responsible for any applicable taxes and duties.
42. The Promoter does not in any way guarantee or give any warranties as to the value of the Prize, its condition, history or any other matters associated with the Prize. The Promoter reserves the right to substitute the Prize for one of equivalent value.
43. The Prize to be awarded to the Winner and/or Runner(s) Up cannot be substituted for any Prize of equivalent value, such as a cash prize, solely due to a request of the Winner and/or Runner(s) Up. The Promoter reserves the right to offer a cash alternative to the Prize specified in the Competition, and to offer a Prize of equal or greater value if for some reason the Prize is no longer available due to circumstances outside the Entrant’s control.
44. In that the event that the Promoter sends the Winner or any Runner(s) Up a Prize that is greater than the value of the Prize advertised in the Competition and noted in the description, then the Winner or Runner Up, upon the request of the Promoter, must return the excess value that was sent in error. For example, if the Entrant has won a £100 Prize, and the Promoter sends the Entrant £1000 in error, then the Entrant must return £900 to the Promoter.
45. The Promoter reserves the right to remove a Competition from the Website or App at any time, and in the rare event that this occurs, will refund the Entry Fee of any relevant Entry and any imputed Entry Fee of any relevant Postal Entry and/or Telephone Entry to that Competition to the Registered User in the form of Site Credit.
Charity
46. Registered Users have the option to select to support one of the promoter’s Partner Charities. At the end of each month, and weighted by the Registered User's relative spend to total sales that month, the Promoter will donate 4% (four per cent) of the month's net proceeds to the Partner Charity selected by the Registered User, and 1% (one per cent) to be split and donated in even parts to the remaining Partner Charities. If for any reason the donation is deemed to be a taxable supply, then any payments to charities or their trading subsidiary will be inclusive of VAT.
47. The Raffolux Partner or the Promoter may, for any Competition for which it has provided a Prize, specify a Charity to which a percentage of the total Ticket sales will be donated. The Promoter or the Raffolux Partner will make the Charitable Donation after the Draw.
Announcement of Winners and any Runner(s) Up
48. Where requested by the Promoter, all Winners and Runner(s) Up are required to provide photographs and videos, and be captured in photographs and videos taken by the Promoter or one of its agents, which, along with any of the information outlined in term 10(c), may be used in any marketing activity of the Promoter on any channel, including, but not limited to, Facebook, Instagram, Twitter, YouTube, the Website, App, marketing campaigns of any sort on any medium, and so on. The Winner and any applicable Runner(s) Up consent to the use of the information described in this term 47 in this way, although can refuse consent at any time up to the point of publication. This refusal must be received by the Promoter in writing. All content taken of the Winner and / or Runner(s) Up, whether by the Promoter, an agent, or the Winner or Runner(s) Up themselves, are deemed to be the Property of the Promoter. The Promoter accepts no responsibility for any loss or liability incurred by the Winner or Runner(s) Up that may result from the publication of the content described in this term 48. The Promoter may also ask the Winner or Runner(s) Up to participate in further reasonable publicity requests.
Free Prizes
49. Where a Prize is offered free of charge by the Promoter (including, but not limited to, prizes offered via free draws on the Website or App, and prizes offered through social media giveaways or promotions), the Winner and, where applicable, any Runner(s) Up agree, if requested by the promoter, to participate in reasonable publicity requests relating to the Competition and/or the Promoter.
50. Such publicity requests may include, but is not limited to, the use of the Winner’s name, photograph, video footage, audio recordings and / or statements for promotional, marketing and publicity purposes across the Promoter’s Website, App, email communications and social media channels.
51. If a Winner or a Runner Up of a free Prize refuses to participate in such reasonable publicity activity when requested, the Promoter reserves the right, at its sole discretion, to withdraw the Prize and to redraw the Competition to select an alternative Winner or Runner(s) Up.
Limitation of Liability
52. Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate any Entrant or accept any liability for any loss, damage, personal injury or death occurring as a result of interaction with the Promoter or its employees in any form, including but not limited to any ordinary or special circumstances that arise out of submitting an Entry, or in relation to the use and enjoyment of a Prize by the Winner or Runner(s) Up gained through any Competition, except where
death or personal injury is caused by the negligence or fraud of the Promoter, or that of their agents, distributors, or employees. The Winner’s statutory rights are not affected.
53. The liability of the Promoter to each Entrant is limited to the aggregate value of the Entry Fees paid by that Entrant.
54. The Promoter accepts no liability for errors or omissions contained within the description of any Prize awarded as part of any of the Competitions on the Website or App, or the Prize Value, or any other description or specification or any other part of the Website or App. It is the responsibility of each Entrant (and in particular the Winner and any Runner(s) Up) to satisfy him/herself as to the accuracy of any such details and/or any content of the Website or App.
55. The Promoter accepts no liability for errors or omissions caused by human error or technical faults within the Promoter's technological infrastructure. Such situations could, for example, include situations where errors or faults lead to the system or the Promoter's staff wrongly paying out or promising to pay out Prizes or cash alternatives to Registered Users, a Registered Users wins a Prize in a reasonably unintended manner, the system drawing a Competition twice, an Instant Win Competition having the ticket selector available for use, and so on. In such situations, no benefit, including but not limited to a Prize, Credit or gems shall be paid out and, subject to a full refund issued to the Registered User (or Credit should the Registered User prefer), the Promoter shall have no further liability for any reason. Confirmation emails and other communications from the Promoter do not constitute acceptance of any transaction on the Promoter's Website or App.
56. The Promoter accepts no liability for non-receipt or issues with receipt of a Prize due to errors in information provided by the Winner or Runner Up, such as incorrect bank account details or a wrong delivery address.
General
57. The Promoter’s Competitions and promotions are in no way sponsored, endorsed, administered by, or associated with Apple Inc., Google LLC, or any of their subsidiaries or affiliates. Neither Apple nor Google has any involvement in the organisation, conduct, or promotion of any Competitions, nor are they responsible for providing any prizes or customer support in relation to these Competitions. Entrants acknowledge that any information provided in connection with a Competition is being provided to the Promoter, and not to Apple or Google.
58. The Promoter shall not be a trustee of any Entry Fees received, unless it is subject to a specific contractual agreement with a Raffolux Partner or Charity to act as such.
59. The Promoter reserves the right to suspend or cancel any Competition at any time, either before or after Entries have been received. In cases where a human or a technical error has resulted in participants being awarded one or more Prizes in an unfair manner or participants being disadvantaged, the Promoter reserves the right to cancel the Competition, not award any Prizes for that Competition, and refund Entry Fees paid directly to the Entrant. This applies even if the Prizes have already been won, as each participant must have the same chance of winning per ticket in every Competition. If a Competition is cancelled due to the Promoter’s actions and specifically not those of the Raffolux Partner or any other entity associated with the Competition, the Promoter will return any relevant Entry Fee paid by each Entrant to them as Credit, and return the imputed Entry Fee for each Postal Entry or Telephone Entry made by each Entrant to them as Credit (relative to the value of the ticket price in the Competition). Where all the Entry Fees have been returned, the Promoter shall have no further liability to the Entrant or to any other person. An imputed Entry Fee will be used in the case of any Postal Entry or Telephone Entry.
60. Without prejudice to the operation of term 59, the Promoter reserves the right to cancel any Competition in the event that an order is made or a resolution is passed for the winding up of the Promoter, or an order is made for the appointment of an administrator to manage the affairs of the Promoter, or circumstances arise which entitle a court or creditor to appoint a receiver or manager or which entitle a court to make a winding up order, or the Promoter takes or suffers any analogous action in consequence of debt or an application to court for protection from its creditors is made by the Promoter.
61. The Promoter reserves the right to void any Credit, gems or outstanding claims on a Registered User’s Account, with no compensation to the Registered User, if the Registered User has not been active for 90 days or more. The Promoter may occasionally run promotions where customers will receive benefits, such as but not limited to Credit, additional tickets, discounts, or prizes being assigned to the Registered User in their claims area. Unless otherwise stated, such benefits are to be availed of no more than once per Registered User, and the Promoter reserves the right to not provide any stated benefit if the Promoter, at their sole discretion, believes the promotion is being availed of beyond the intended limit. Where the Promoter runs promotions where a minimum spend is required to be enter into a competition, the spend required is deemed to
exclude credit unless explicitly stated otherwise. Where the Promoter runs promotions where prizes are assigned to the Registered User in their claims area, or Credit is given to the Registered User, such prizes or Credit shall be deemed to expire within a month of being provided to the Registered User, unless the terms outlined as part of the specific promotion state otherwise.
62. The Promoter reserves the right to make reasonable amendments to these Terms at any time, with immediate effect upon publishing such amendments on the Website and App. Any such amendments shall not prejudice any Entries received prior to the time of such changes.
63. Consumer ‘cooling off’ rights do not apply to the purchase of Tickets with the Promoter.
64. These Terms shall not create or be construed as creating any form of contract, joint venture or other agreement between any Entrant and the Promoter.
65. All Competitions that the Promoter promotes, their administration and all associated activities shall be governed by the laws of England and Wales, and all parties submit to the exclusive jurisdiction of the courts of England and
Wales.
Definitions
Note that throughout the Terms, plural forms of the capitalised terms are used, and have the same meaning as given below.
Account: means the Registered User's Raffolux account.
App: means the Raffolux mobile application, available on both iOS and Android
platforms.
Charity/Charities: means the charities or charitable causes that may be specified by a
Raffolux Partner or the Promoter for a particular Competition.
Charitable Donation: means the percentage of the total Ticket sales for a
Competition that will be paid to the Charity or Charities specified by the Raffolux Partner.
Closing Date: means the date on which a Competition closes.
Competition: means any prize draw operated by the Promoter on its Website and/or App to which these Terms apply, wherein the Entrants submit one or more Entries for a chance to win Prize(s).
Draw: means the random selection of an Entry from the class of total entries, that occurs on the relevant Competition’s Draw Date to determine the Winner and, where applicable, any Runner(s) Up.
Draw Date: means the date at which the Draw takes place, which will be the earlier of the Closing Date of the relevant Competition, or the point that the Competition is sold out.
Entrant: means any natural person (not including a limited company, partnership or limited liability partnership) who submits an Entry to a Competition in accordance with these Terms.
Entry (and Entries): means an entry made in accordance with these terms and conditions by the Entrant through the Website, App, by post or by telephone in order to gain an opportunity to win a Prize.
Entry Fee: means the entry fee payable as a condition of submitting an Entry on the Promoter’s Website or App. The fee will be stated clearly for each Competition, and may vary between Competitions.
Flash Competition: means a competition for a Prize that has a duration of 48 hours or less, and can be entered either online or for free by Telephone Entry (see terms 8 and 9 for more information).
Gem Store: means the store available on the Website where Registered Users can exchange gems (effectively ‘rewards points’) that they have earned through Referrals or making Entries for various items.
Instant Win Competition: means a raffle where a number of instant win prizes are available. Where the ticket number listed against an instant win prize in the raffle description corresponds to an Entrant's ticket number, the relevant instant win prize shall be transferred to the ticket holder. Instant win prizes shall not be transferred to a ticket holder for any other reason other than direct correspondence with the ticket
number the Entrant has acquired. The ticket selector is disabled for this type of raffle, and customers buy randomly allocated tickets for their chance to win.
Linked Accounts: Any two accounts which are linked by any detail, whether that be name, bank details, payment details, activity patterns, and so on.
Membership Form: means the form required to be completed, unless a linked social media sign-in is used, in order for a Visitor to become a Registered User.
Partner Charity: means one of the charities that can be selected to be sponsored by Registered Users, to receive donations in accordance with the procedure laid out in term 46.
Postal Entry: means a validly composed and posted postcard or letter, in accordance with these Terms, that is received by the Promoter.
Prize: refers to the good, item, promise or service so specified in each Competition that a Winner or Runner Up of that Competition may receive.
Prize Value: means the description of the value of a Prize of a Competition
Product: means a good or service owned by a Raffolux Partner.
Promoter: means Raffolux, which is the trading name of Raffolux Ltd, company number 10962686, whose registered office address is Raffolux Ltd, 4 Ravey Street , London, EC2A 4QP.
Raffolux Partner: refers to a company or private individual that enters into an agreement with the Promoter to provide one or more Products.
Registered User: means a Visitor that has filled out a Membership Form, or signed in through one of the linked social media platforms such as Facebook or Twitter.
Registered Users are eligible to make Entries to any Competition, insofar as they are eligible to do so due to the nature of the Competition itself.
Runner(s) Up: means the Entrant(s) selected second, third, fourth, and so on as required by the Draw on the Draw Date.
Runner Up Prize(s): means the Prize that a Runner Up will receive, as may be specified in a Competition.
Site Credit: means a store of credit that can be applied to reduce a Registered User’s checkout balance.
Telephone Entry: means a validly completed entry by phone call, in accordance with
these Terms, that is received by the Promoter.
Terms: means these terms and conditions.
Tickets: means the virtual tickets that Registered Users purchase in order to enter into a Competition.
True Random Number Generator: means the Random.org software built by DR Mads Haahr of the School of Computer Science and Statistics at Trinity College Dublin in Ireland. The particular software utilises atmospheric noise to ensure the highest level of entropy, and select a truly random Winner of each Competition
Visitor: means any unique visitor that is a natural person (not including a limited company, partnership or limited liability partnership) to the Raffolux Website or App.
Website: means https://raffolux.com and all sub-domains attached to this domain.
Winner: means the Entrant first selected by the Draw on the Draw Date, and in accordance with these Terms.
Partner Website: means any of Monaco Watch Club (themonacowatchclub.com) or RaiseHero (raisehero.com and the5050raffle.com).
Referral: means where a Registered User refers another Registered User to sign up to the Promoter’s Website or App.
The following Terms apply to all purchases of Raffolux Tickets and all Entries submitted to any Competition on the Promoter's Website or App.
Terms
When joining Raffolux, Entrants will be required to tick on the Website or App that they have read and accepted these Terms and agreed to be bound by them.
The Promoter
1. All Competitions are operated by the Promoter, and the Promoter is the official sponsor of each Competition unless specified otherwise. Where the product is sourced from a Raffolux Partner, the Promoter is authorised by that Raffolux
Partner to offer their respective Product(s) as Prizes in the Competitions.
How to Enter
2. By submitting an Entry, Entrants agree to be bound by these Terms. If you do not so agree to be bound, do not purchase Tickets, and do not submit an Entry.
3. To purchase Tickets and be considered for entry to a Competition, a Visitor must:
a. become a Registered User by completing all details on the Membership Form on the Website or App, or signing in through on the of the linked
social media platforms;
b. pay an amount to purchase the desired number of Tickets, or submit an entry via one or both of the free Postal Entry or Telephone Entry options
(see terms 6 and 7 for more details on Postal Entry, and term 8 for more details on Telephone Entry), with Telephone Entry only being applicable
to any Flash Competition.
4. Purchases of Tickets shall be processed by Raffolux’s payment provider, DNA Payments Limited. This shall be subject to the payment providers' terms and conditions, which are available to view on their website.
5. Purchasers of Tickets will be asked to provide their contact details, including an e-mail address and, optionally, a telephone number. This information will be processed in accordance with the provisions below and the Promoter’s Privacy Policy. The Promoter’s payment provider will require the purchaser’s card payment details and may require their cardholder name and/or postcode. Once the purchase order for the Tickets is submitted, the Registered User's card payment will be electronically approved and the Promoter will not retain any
records of the Registered User's card details.
6. Entrants entering into a Competition for free via Postal Entry must become a Registered User, and then mail their full name and a contact telephone number (including area code if providing a landline number) and the e-mail registered to their Account, and the title of the Competition they wish to enter, to Raffolux Ltd, Unit 6, 4 Ravey Street, London, EC2A 4QP. The aforementioned information must be printed in legible English. This information will be processed in accordance with the provisions in these Terms and the Promoter’s Privacy Policy.
7.Postal Entries must be sent by first or second class pre-paid post, and must be received by the Promoter at Raffolux Ltd, Unit 6, 4 Ravey Street, London, EC2A 4QP before the Draw Date of the relevant Competition or the point that the Competition sells out - whichever comes first - in order to be entered into the Competition. Postal Entries must be sent on a postcard or letter. Attempted Postal Entries received on anything other than a postcard or letter will not be accepted. The Entrant must specify which Competition they wish to enter. In the case of multiple entries received on a single postcard or within a single envelope, only one entry will be entered into the relevant Competition. If the Entrant's Account cannot be identified from the details provided on the Postal Entry, then the single ticket entry to the relevant Competition will not be processed. Postal Entries without correct and sufficient postage paid will be invalid and will not be considered. Personal and hand deliveries will not be accepted.
8. Entrants entering into a Flash Competition may do so for free via Telephone Entry. Entrants entering Flash Competitions via Telephone Entry must become a Registered User, and then call 07727650878. All calls received by this telephone number will only be charged at the normal rate with no additional charges. Telephone Entry entrants must provide their full name, the e-mail associated with their Account, the title of the Flash Competition they wish to enter, and a contact telephone number in order to be entered into the Flash Competition. This information will be processed in accordance with the provisions in these Terms and the Promoter's Privacy Policy.
9. Telephone Entries must be received before the Draw Date of the relevant Flash Competition in order to be entered into the Competition. If the Entrant's Account cannot be identified from the details provided on the phone call, then the entry into the Flash Competition will not be processed.
10. The Promoter will store and process the Entrant’s personal information. The personal information must include details of at least one form of contact and will be used for the following purposes:
a. to notify any Winner or Runner(s) Up that they have won a Prize in a Competition;
b. to administer the Website and App and conduct the Competitions; and
c. after a Draw, to post the Winner and, where applicable, any Runner(s) Up’s first name, town/county of residence and profile image or other photo on the Website and/or App, and in media communications about the Competitions.
11. All Entrants are solely and completely responsible for providing the Promoter with accurate and current contact details.
12. The Promoter will be in no way liable for any failure or inability to make contact with any Entrant due to any errors, omissions or inaccuracies in the contact details provided by the Entrants or otherwise.
13. The Promoter will not accept:
a. responsibility for Entries that are lost, mislaid, damaged or delayed in transit, regardless of cause including, for example, equipment failure,
technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or
b. responsibility for Postal Entries that are lost, mislaid, damaged, or delayed in receipt at the specified address until after the earlier of the Closing Date of the relevant Competition or the point that the Competition sells out, and this holds regardless of the cause including, for example, failure of postal service, natural disasters, and water corruption; or
c. any other purported proof of entry to the Competition other than as recorded by the systems of the Website or App, or by the Promoter upon
receipt of a Postal Entry or Telephone Entry.
14. An Entry shall be declared void, without any refund being given, if the Entrant engages in, or the Promoter at their sole discretion believes the Entrant is engaging in:
a. any form of fraud, whether actual or apparent;
b. fraudulent misrepresentation;
c. fraudulent concealment;
d. hacking or interference with the proper functioning of the Website or App; or
e. amending, or unauthorised use of, any code that constitutes the Website or App (for example, utilising any information from the Website's code
to gain an advantage over other Entrants).
15. Each individual Entrant may submit up to the maximum number of entries specified in total for any one particular Competition.
16. Only Entries made in accordance with these terms will be entitled to participate in a Competition and be eligible to win a Prize in a Competition
17. All funds paid to the Promoter in return for Tickets, and all Entries to any one Competition are final. Refunds shall not be given at any time apart from under the circumstances described in terms 28 and 45.
18. Competitions hosted on the Promoter’s Website or App may also be entered from time to time via Partner Websites that the Promoter operates. Where customers enter via those Partner Websites, they agree to abide by the terms and privacy policy of that Partner Website.
Eligibility
19. Competitions are open for entry only to private individuals (i.e. not a limited company, partnership or limited liability partnership) aged 18 (eighteen) or over and residing in or a citizen of the United Kingdom or Ireland, excluding the Promoter and their employees.
20. Only Registered Users are eligible to enter any Competition.
21. In entering a Competition, all Entrants confirm that they are eligible to do so and eligible to claim any Prize awarded in the relevant Competition. The Promoter may require any Entrant, including any Winner and/or Runner(s) Up to provide evidence that they are and were eligible to enter a particular Competition.
22. The Promoter will not accept and will not refund Entries that are:
a. automatically generated by computer;
b. completed by third parties;
c. paid for using a card belonging to someone other than the Entrant;
d. altered, reconstructed, forged or tampered with; or
e. incomplete.
23. The Promoter will not accept and will not refund Postal Entries that are:
a. completed by third parties;
b. illegible, have been altered, reconstructed, forged or tampered with;
c. incomplete;
d. incorrectly sent by post;
e. delayed in receipt at the Promoter's registered address until after the earlier of the Closing Date of the relevant Competition or the point that
the Competition sells out, or are not received at the Promoter's registered address through whatever reason other than the Promoter's
actions.
24. The Promoter reserves all rights to disqualify Entrants if their conduct is contrary to the spirit or intention of the Competition entered.
25. Entries on behalf of another private individual will not be accepted, and joint submissions are not allowed. Registered Users may not create more than one account to play under and/or benefit from, whether the additional accounts are created under fake names or not. Linked Accounts are also prohibited. If the Promoter, in their sole estimation, discovers that Entries, Gem Store claims or Referrals (including but not limited to cases where individuals are, in effect, referring themselves across accounts and claiming the benefit from doing so) are being made by the same individual from more than one account, all such benefits the individual receives including but not limited to Entries, claims, gems, Credit, Gem Store claims and Referral rewards will be voided, no refund shall be given, no benefits such as Prizes won, Credit or Gem Store claims shall be paid out, and the Promoter will be entitled to claim back any benefit such as a Prize, Credit, or Gem Store claim or, in each case, its equivalent value that has already been claimed by any of the accounts in question. Any promotions that the Promoter operates are deemed to be limited to one claim per individual, unless stated otherwise. In cases where an individual posts a promotion operated by the Promoter to a public group of any description, then the Promoter shall reserve the right to limit the benefits accruing to the individuals that have claimed that particular promotion. If the Promoter, in their sole estimation, believes that one or more accounts are Linked Accounts, then those benefits received by the Linked Accounts such as entries, claims, Credit, gems, Gem Store claims and Referral rewards shall be voided with no refunds given, and no Prizes won, Credit, or Gem Store claims shall be paid out to those Linked Accounts, and the Promoter will be entitled to claim back any Prize, Credit or Gem Store claims or, in each case, its equivalent value that has already been claimed by the Linked Accounts. The Promoter reserves the right
to void a Referral, and any benefits accruing under that Referral to either participating individual for any reason whatsoever.
26. By entering the Competition, Entrants warrant that all information that they submit is accurate, true, current and complete. The Promoter reserves the right to disqualify any Entrant (entirely at the Promoter's discretion) if there are reasonable grounds to believe the Entrant has acted in breach of any of these Terms.
27. The Promoter reserves the right to close or suspend a Registered User’s Account (and prevent the individual who created the Account from
participating in any future competitions under a different e-mail) at any time and for any reason. Without limiting the preceding sentence, the Promoter shall be entitled to close or suspend a Registered User’s Account if:
a. the Registered User is writing abusive, misleading, or factually incorrect statements to the Promoter's staff, on social media, review websites, and so on;
b. the Registered User has become bankrupt;
c. the Promoter considers that the Registered User has used the Website or the App in a fraudulent manner or for illegal and/or unlawful or improper purposes;
d. the Promoter considers that the Registered User has used the Website or the App in an unfair manner, has deliberately cheated or taken unfair
advantage of the Promoter or any of its other Registered Users or if the Registered User’s Account is being used for the benefit of a third party;
e. the Promoter is requested to do so by the police, any regulatory authority or court;
f. the Promoter considers that any of the events referred to in ‘a.’ to ‘d.’ may have occurred or are likely to occur;
g. The Promoter reasonably suspects that the Registered User is under 18 years of age; or
h. the Registered User’s Account is deemed to be dormant.
28. If the Promoter closes or suspends the Registered User’s Account for any of the reasons referred to in ‘a’ to ‘g’ above, the Registered User shall be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by the Promoter arising therefrom and shall indemnify and hold the Promoter harmless on demand for the same. This includes but is not limited to the value of any Prizes won by that Registered User (whether already claimed or not), the value of any Credit provided to that Registered User, and so on. In the circumstances referred to in ‘a’, ‘b’, ‘f’ and ‘h’ above, the Promoter may choose to refund any outstanding entries to the Registered User. In the same
circumstances in the preceding sentence, the Promoter reserves the right to disqualify any Entries that have already been entered into a Competition for which the Draw has not yet taken place.
Prizes and the draw
29. The Winner and any Runner(s) Up for each Competition will be determined and awarded the relevant Competition Prize(s) so specified on the Website and on the App in accordance with these Terms.
30. The Draw to determine the Winner and, where applicable, any Runner(s) Up will be made on the Draw Date.
31. Unless brought about by circumstances outside of the Promoter's control (e.g. a server crash), the Promoter will not extend the Closing Date for any Competition.
32. On a Competition's Draw Date:
a. there will be a Draw to determine the Winner, and the Prize shall be awarded to the Winner subject to KYC checks being completed as
outlined in term 35;
b. where the Competition provides for one or more Runner Up Prize(s), there will be a Draw or Draws to determine the Runner(s) up, who shall
be awarded the associated Runner Up Prize(s) subject to KYC checks being completed as outlined in term 35.
33. If any Winner or Runner(s) Up cannot be contacted by the Promoter within 30 (thirty) days of being notified of their status as the Winner by e-mail and/or telephone provided in the contact details submitted in their Entry, the Promoter shall be entitled to award their Prize to the Entrant next Drawn instead of the original Winner or Runner(s) Up who will lose their claim over the Prize and forfeit it, with the effect that the first Runner Up (as applicable) would become the Winner, the second Runner Up (as applicable) would become the first Runner Up, and so on. Any alternate Winner or Runner Up shall likewise comply with the 30 (thirty) day contact requirement. For the avoidance of doubt, once the original Winner or Runner(s) Up have lost their claim over the Prize, the original Winner will have no further claims against the Promoter.
34. The Promoter shall ensure and preserve the random nature of the Draw. The Draws are currently operated using a True Random Number Generator. In the event that any mechanical of technological defect occurs that relates to the draw (such as an incomplete number being drawn, or the draw process failing in some way), the draw will be cancelled and re-run once the defect has been remedied, or, failing this, using an alternative random draw method. The result(s) of the Draw are final and the Promoter shall not enter into any correspondence in relation to the same.
35. Upon the request of the Promoter, the Winner, and where applicable, any Runner(s) Up will be required to forward personal identification, such as a driver's license or passport, as well as a recent utility bill or other official document confirming their address, to the Promoter to prove their identity and age, that their Entry was made in accordance with these Terms, and that there is no lawful impediment (pursuant to any applicable local or international law) to the Winner or any Runner(s) Up being awarded any Prize in the relevant Competition. The Promoter may refuse delivery of the Prize to the Winner and any Runner(s) Up if the requested personal identification is not received. In the event that the Promoter reasonably believes that there may be a lawful impediment to awarding a Prize to a Winner or any Runner(s) Up, the
Promoter may suspend making such award until the legal issue is resolved or if, in the reasonable opinion of the Promoter such issue cannot be resolved, to award that Prize to a new Winner and / or Runner(s) Up in a like manner as set out in term 32, with the effect that the previous winner loses their claim over the Prize and forfeits it. For the avoidance of doubt, once a Prize has been forfeited, the original Winner and/or Runner(s) Up will have no further claims against the Promoter.
36. The Promoter does not guarantee that any Prize(s) will be received by a Winner or any Runner(s) Up within any particular period following the draw. The Promoter will make all reasonable efforts to deliver the Prize within a reasonable time period, and to ensure that the Prize reaches the Winner or Runner(s) Up.
37. In the event that the Winner or Runner Up wins a vehicle, unless the Promoter elects at its sole discretion to deliver the vehicle, the Winner or Runner Up will be required to travel to the Promoter's offices or a mutually agreed location to collect the Prize, with the Winner or Runner Up bearing the cost of transport unless stated otherwise. For winners of vehicles and any other Prize outside of Great Britain, registration, transport, postage, and/or any other costs will be the responsibility of the Winner or Runner Up.
38. The Promoter is entitled to refuse delivery of a Prize to a P.O. box or any other location that may be used to conceal the identity of a Winner, in order to ensure that a Prize is not delivered to a fraudulent Winner.
39. In cases where the Promoter reasonably suspects fraud has occurred, and/or an individual has taken steps to gain an unfair and unintended advantage over other Entrants in any Competition, the Promoter is entitled to refuse delivery of any Prizes that the individual under suspicion may have won. The Promoter is entitled to use any legitimate Competition wins to set off an amount owing to it from an individual, howsoever that liability arises.
40. In cases where the Prize is an experience, which should be taken to include, for example, domestic and international holidays, day-trips and one-off events or occasions, the Winner of the Prize or any Runner(s) Up will be contacted by either the Promoter or a Raffolux Partner to arrange delivery of the experience. If the Winner or Runner Up fails to confirm necessary details (e.g. the people who will be attending the experience, the desired date of the experience, etc.) within 14 days from the point of being contacted, then it is acknowledged that, on occasion, certain elements of the Prize may not be available, in which case the Promoter and the Winner/Runner Up will arrange a mutually agreeable substitute experience up to the same value as the original Prize. Where booking with a third-party provider, the Winner or Runner Up must get in contact with the Promoter before booking to confirm all items of the experience (e.g. flights, travel dates, number of people) so that the
Promoter can ensure full delivery of the Prize on the desired dates, as often these items are booked with different providers and require coordination. In instances where the Winner or Runner up fails to confirm the details with the Promoter before booking the experience and complications arise, the Promoter will substitute up to the total value of the original Prize where possible, but will have no further liability to the Winner or Runner Up.
41. Any Winners or Runner(s) up outside the UK are responsible for any applicable taxes and duties.
42. The Promoter does not in any way guarantee or give any warranties as to the value of the Prize, its condition, history or any other matters associated with the Prize. The Promoter reserves the right to substitute the Prize for one of equivalent value.
43. The Prize to be awarded to the Winner and/or Runner(s) Up cannot be substituted for any Prize of equivalent value, such as a cash prize, solely due to a request of the Winner and/or Runner(s) Up. The Promoter reserves the right to offer a cash alternative to the Prize specified in the Competition, and to offer a Prize of equal or greater value if for some reason the Prize is no longer available due to circumstances outside the Entrant’s control.
44. In that the event that the Promoter sends the Winner or any Runner(s) Up a Prize that is greater than the value of the Prize advertised in the Competition and noted in the description, then the Winner or Runner Up, upon the request of the Promoter, must return the excess value that was sent in error. For example, if the Entrant has won a £100 Prize, and the Promoter sends the Entrant £1000 in error, then the Entrant must return £900 to the Promoter.
45. The Promoter reserves the right to remove a Competition from the Website or App at any time, and in the rare event that this occurs, will refund the Entry Fee of any relevant Entry and any imputed Entry Fee of any relevant Postal Entry and/or Telephone Entry to that Competition to the Registered User in the form of Site Credit.
Charity
46. Registered Users have the option to select to support one of the promoter’s Partner Charities. At the end of each month, and weighted by the Registered User's relative spend to total sales that month, the Promoter will donate 4% (four per cent) of the month's net proceeds to the Partner Charity selected by the Registered User, and 1% (one per cent) to be split and donated in even parts to the remaining Partner Charities. If for any reason the donation is deemed to be a taxable supply, then any payments to charities or their trading subsidiary will be inclusive of VAT.
47. The Raffolux Partner or the Promoter may, for any Competition for which it has provided a Prize, specify a Charity to which a percentage of the total Ticket sales will be donated. The Promoter or the Raffolux Partner will make the Charitable Donation after the Draw.
Announcement of Winners and any Runner(s) Up
48. Where requested by the Promoter, all Winners and Runner(s) Up are required to provide photographs and videos, and be captured in photographs and videos taken by the Promoter or one of its agents, which, along with any of the information outlined in term 10(c), may be used in any marketing activity of the Promoter on any channel, including, but not limited to, Facebook, Instagram, Twitter, YouTube, the Website, App, marketing campaigns of any sort on any medium, and so on. The Winner and any applicable Runner(s) Up consent to the use of the information described in this term 47 in this way, although can refuse consent at any time up to the point of publication. This refusal must be received by the Promoter in writing. All content taken of the Winner and / or Runner(s) Up, whether by the Promoter, an agent, or the Winner or Runner(s) Up themselves, are deemed to be the Property of the Promoter. The Promoter accepts no responsibility for any loss or liability incurred by the Winner or Runner(s) Up that may result from the publication of the content described in this term 48. The Promoter may also ask the Winner or Runner(s) Up to participate in further reasonable publicity requests.
Free Prizes
49. Where a Prize is offered free of charge by the Promoter (including, but not limited to, prizes offered via free draws on the Website or App, and prizes offered through social media giveaways or promotions), the Winner and, where applicable, any Runner(s) Up agree, if requested by the promoter, to participate in reasonable publicity requests relating to the Competition and/or the Promoter.
50. Such publicity requests may include, but is not limited to, the use of the Winner’s name, photograph, video footage, audio recordings and / or statements for promotional, marketing and publicity purposes across the Promoter’s Website, App, email communications and social media channels.
51. If a Winner or a Runner Up of a free Prize refuses to participate in such reasonable publicity activity when requested, the Promoter reserves the right, at its sole discretion, to withdraw the Prize and to redraw the Competition to select an alternative Winner or Runner(s) Up.
Limitation of Liability
52. Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate any Entrant or accept any liability for any loss, damage, personal injury or death occurring as a result of interaction with the Promoter or its employees in any form, including but not limited to any ordinary or special circumstances that arise out of submitting an Entry, or in relation to the use and enjoyment of a Prize by the Winner or Runner(s) Up gained through any Competition, except where
death or personal injury is caused by the negligence or fraud of the Promoter, or that of their agents, distributors, or employees. The Winner’s statutory rights are not affected.
53. The liability of the Promoter to each Entrant is limited to the aggregate value of the Entry Fees paid by that Entrant.
54. The Promoter accepts no liability for errors or omissions contained within the description of any Prize awarded as part of any of the Competitions on the Website or App, or the Prize Value, or any other description or specification or any other part of the Website or App. It is the responsibility of each Entrant (and in particular the Winner and any Runner(s) Up) to satisfy him/herself as to the accuracy of any such details and/or any content of the Website or App.
55. The Promoter accepts no liability for errors or omissions caused by human error or technical faults within the Promoter's technological infrastructure. Such situations could, for example, include situations where errors or faults lead to the system or the Promoter's staff wrongly paying out or promising to pay out Prizes or cash alternatives to Registered Users, a Registered Users wins a Prize in a reasonably unintended manner, the system drawing a Competition twice, an Instant Win Competition having the ticket selector available for use, and so on. In such situations, no benefit, including but not limited to a Prize, Credit or gems shall be paid out and, subject to a full refund issued to the Registered User (or Credit should the Registered User prefer), the Promoter shall have no further liability for any reason. Confirmation emails and other communications from the Promoter do not constitute acceptance of any transaction on the Promoter's Website or App.
56. The Promoter accepts no liability for non-receipt or issues with receipt of a Prize due to errors in information provided by the Winner or Runner Up, such as incorrect bank account details or a wrong delivery address.
General
57. The Promoter’s Competitions and promotions are in no way sponsored, endorsed, administered by, or associated with Apple Inc., Google LLC, or any of their subsidiaries or affiliates. Neither Apple nor Google has any involvement in the organisation, conduct, or promotion of any Competitions, nor are they responsible for providing any prizes or customer support in relation to these Competitions. Entrants acknowledge that any information provided in connection with a Competition is being provided to the Promoter, and not to Apple or Google.
58. The Promoter shall not be a trustee of any Entry Fees received, unless it is subject to a specific contractual agreement with a Raffolux Partner or Charity to act as such.
59. The Promoter reserves the right to suspend or cancel any Competition at any time, either before or after Entries have been received. In cases where a human or a technical error has resulted in participants being awarded one or more Prizes in an unfair manner or participants being disadvantaged, the Promoter reserves the right to cancel the Competition, not award any Prizes for that Competition, and refund Entry Fees paid directly to the Entrant. This applies even if the Prizes have already been won, as each participant must have the same chance of winning per ticket in every Competition. If a Competition is cancelled due to the Promoter’s actions and specifically not those of the Raffolux Partner or any other entity associated with the Competition, the Promoter will return any relevant Entry Fee paid by each Entrant to them as Credit, and return the imputed Entry Fee for each Postal Entry or Telephone Entry made by each Entrant to them as Credit (relative to the value of the ticket price in the Competition). Where all the Entry Fees have been returned, the Promoter shall have no further liability to the Entrant or to any other person. An imputed Entry Fee will be used in the case of any Postal Entry or Telephone Entry.
60. Without prejudice to the operation of term 59, the Promoter reserves the right to cancel any Competition in the event that an order is made or a resolution is passed for the winding up of the Promoter, or an order is made for the appointment of an administrator to manage the affairs of the Promoter, or circumstances arise which entitle a court or creditor to appoint a receiver or manager or which entitle a court to make a winding up order, or the Promoter takes or suffers any analogous action in consequence of debt or an application to court for protection from its creditors is made by the Promoter.
61. The Promoter reserves the right to void any Credit, gems or outstanding claims on a Registered User’s Account, with no compensation to the Registered User, if the Registered User has not been active for 90 days or more. The Promoter may occasionally run promotions where customers will receive benefits, such as but not limited to Credit, additional tickets, discounts, or prizes being assigned to the Registered User in their claims area. Unless otherwise stated, such benefits are to be availed of no more than once per Registered User, and the Promoter reserves the right to not provide any stated benefit if the Promoter, at their sole discretion, believes the promotion is being availed of beyond the intended limit. Where the Promoter runs promotions where a minimum spend is required to be enter into a competition, the spend required is deemed to
exclude credit unless explicitly stated otherwise. Where the Promoter runs promotions where prizes are assigned to the Registered User in their claims area, or Credit is given to the Registered User, such prizes or Credit shall be deemed to expire within a month of being provided to the Registered User, unless the terms outlined as part of the specific promotion state otherwise.
62. The Promoter reserves the right to make reasonable amendments to these Terms at any time, with immediate effect upon publishing such amendments on the Website and App. Any such amendments shall not prejudice any Entries received prior to the time of such changes.
63. Consumer ‘cooling off’ rights do not apply to the purchase of Tickets with the Promoter.
64. These Terms shall not create or be construed as creating any form of contract, joint venture or other agreement between any Entrant and the Promoter.
65. All Competitions that the Promoter promotes, their administration and all associated activities shall be governed by the laws of England and Wales, and all parties submit to the exclusive jurisdiction of the courts of England and
Wales.
Definitions
Note that throughout the Terms, plural forms of the capitalised terms are used, and have the same meaning as given below.
Account: means the Registered User's Raffolux account.
App: means the Raffolux mobile application, available on both iOS and Android
platforms.
Charity/Charities: means the charities or charitable causes that may be specified by a
Raffolux Partner or the Promoter for a particular Competition.
Charitable Donation: means the percentage of the total Ticket sales for a
Competition that will be paid to the Charity or Charities specified by the Raffolux Partner.
Closing Date: means the date on which a Competition closes.
Competition: means any prize draw operated by the Promoter on its Website and/or App to which these Terms apply, wherein the Entrants submit one or more Entries for a chance to win Prize(s).
Draw: means the random selection of an Entry from the class of total entries, that occurs on the relevant Competition’s Draw Date to determine the Winner and, where applicable, any Runner(s) Up.
Draw Date: means the date at which the Draw takes place, which will be the earlier of the Closing Date of the relevant Competition, or the point that the Competition is sold out.
Entrant: means any natural person (not including a limited company, partnership or limited liability partnership) who submits an Entry to a Competition in accordance with these Terms.
Entry (and Entries): means an entry made in accordance with these terms and conditions by the Entrant through the Website, App, by post or by telephone in order to gain an opportunity to win a Prize.
Entry Fee: means the entry fee payable as a condition of submitting an Entry on the Promoter’s Website or App. The fee will be stated clearly for each Competition, and may vary between Competitions.
Flash Competition: means a competition for a Prize that has a duration of 48 hours or less, and can be entered either online or for free by Telephone Entry (see terms 8 and 9 for more information).
Gem Store: means the store available on the Website where Registered Users can exchange gems (effectively ‘rewards points’) that they have earned through Referrals or making Entries for various items.
Instant Win Competition: means a raffle where a number of instant win prizes are available. Where the ticket number listed against an instant win prize in the raffle description corresponds to an Entrant's ticket number, the relevant instant win prize shall be transferred to the ticket holder. Instant win prizes shall not be transferred to a ticket holder for any other reason other than direct correspondence with the ticket
number the Entrant has acquired. The ticket selector is disabled for this type of raffle, and customers buy randomly allocated tickets for their chance to win.
Linked Accounts: Any two accounts which are linked by any detail, whether that be name, bank details, payment details, activity patterns, and so on.
Membership Form: means the form required to be completed, unless a linked social media sign-in is used, in order for a Visitor to become a Registered User.
Partner Charity: means one of the charities that can be selected to be sponsored by Registered Users, to receive donations in accordance with the procedure laid out in term 46.
Postal Entry: means a validly composed and posted postcard or letter, in accordance with these Terms, that is received by the Promoter.
Prize: refers to the good, item, promise or service so specified in each Competition that a Winner or Runner Up of that Competition may receive.
Prize Value: means the description of the value of a Prize of a Competition
Product: means a good or service owned by a Raffolux Partner.
Promoter: means Raffolux, which is the trading name of Raffolux Ltd, company number 10962686, whose registered office address is Raffolux Ltd, 4 Ravey Street , London, EC2A 4QP.
Raffolux Partner: refers to a company or private individual that enters into an agreement with the Promoter to provide one or more Products.
Registered User: means a Visitor that has filled out a Membership Form, or signed in through one of the linked social media platforms such as Facebook or Twitter.
Registered Users are eligible to make Entries to any Competition, insofar as they are eligible to do so due to the nature of the Competition itself.
Runner(s) Up: means the Entrant(s) selected second, third, fourth, and so on as required by the Draw on the Draw Date.
Runner Up Prize(s): means the Prize that a Runner Up will receive, as may be specified in a Competition.
Site Credit: means a store of credit that can be applied to reduce a Registered User’s checkout balance.
Telephone Entry: means a validly completed entry by phone call, in accordance with
these Terms, that is received by the Promoter.
Terms: means these terms and conditions.
Tickets: means the virtual tickets that Registered Users purchase in order to enter into a Competition.
True Random Number Generator: means the Random.org software built by DR Mads Haahr of the School of Computer Science and Statistics at Trinity College Dublin in Ireland. The particular software utilises atmospheric noise to ensure the highest level of entropy, and select a truly random Winner of each Competition
Visitor: means any unique visitor that is a natural person (not including a limited company, partnership or limited liability partnership) to the Raffolux Website or App.
Website: means https://raffolux.com and all sub-domains attached to this domain.
Winner: means the Entrant first selected by the Draw on the Draw Date, and in accordance with these Terms.
Partner Website: means any of Monaco Watch Club (themonacowatchclub.com) or RaiseHero (raisehero.com and the5050raffle.com).
Referral: means where a Registered User refers another Registered User to sign up to the Promoter’s Website or App.
The following Terms apply to all purchases of Raffolux Tickets and all Entries submitted to any Competition on the Promoter's Website or App.
Terms
When joining Raffolux, Entrants will be required to tick on the Website or App that they have read and accepted these Terms and agreed to be bound by them.
The Promoter
1. All Competitions are operated by the Promoter, and the Promoter is the official sponsor of each Competition unless specified otherwise. Where the product is sourced from a Raffolux Partner, the Promoter is authorised by that Raffolux
Partner to offer their respective Product(s) as Prizes in the Competitions.
How to Enter
2. By submitting an Entry, Entrants agree to be bound by these Terms. If you do not so agree to be bound, do not purchase Tickets, and do not submit an Entry.
3. To purchase Tickets and be considered for entry to a Competition, a Visitor must:
a. become a Registered User by completing all details on the Membership Form on the Website or App, or signing in through on the of the linked
social media platforms;
b. pay an amount to purchase the desired number of Tickets, or submit an entry via one or both of the free Postal Entry or Telephone Entry options
(see terms 6 and 7 for more details on Postal Entry, and term 8 for more details on Telephone Entry), with Telephone Entry only being applicable
to any Flash Competition.
4. Purchases of Tickets shall be processed by Raffolux’s payment provider, DNA Payments Limited. This shall be subject to the payment providers' terms and conditions, which are available to view on their website.
5. Purchasers of Tickets will be asked to provide their contact details, including an e-mail address and, optionally, a telephone number. This information will be processed in accordance with the provisions below and the Promoter’s Privacy Policy. The Promoter’s payment provider will require the purchaser’s card payment details and may require their cardholder name and/or postcode. Once the purchase order for the Tickets is submitted, the Registered User's card payment will be electronically approved and the Promoter will not retain any
records of the Registered User's card details.
6. Entrants entering into a Competition for free via Postal Entry must become a Registered User, and then mail their full name and a contact telephone number (including area code if providing a landline number) and the e-mail registered to their Account, and the title of the Competition they wish to enter, to Raffolux Ltd, Unit 6, 4 Ravey Street, London, EC2A 4QP. The aforementioned information must be printed in legible English. This information will be processed in accordance with the provisions in these Terms and the Promoter’s Privacy Policy.
7.Postal Entries must be sent by first or second class pre-paid post, and must be received by the Promoter at Raffolux Ltd, Unit 6, 4 Ravey Street, London, EC2A 4QP before the Draw Date of the relevant Competition or the point that the Competition sells out - whichever comes first - in order to be entered into the Competition. Postal Entries must be sent on a postcard or letter. Attempted Postal Entries received on anything other than a postcard or letter will not be accepted. The Entrant must specify which Competition they wish to enter. In the case of multiple entries received on a single postcard or within a single envelope, only one entry will be entered into the relevant Competition. If the Entrant's Account cannot be identified from the details provided on the Postal Entry, then the single ticket entry to the relevant Competition will not be processed. Postal Entries without correct and sufficient postage paid will be invalid and will not be considered. Personal and hand deliveries will not be accepted.
8. Entrants entering into a Flash Competition may do so for free via Telephone Entry. Entrants entering Flash Competitions via Telephone Entry must become a Registered User, and then call 07727650878. All calls received by this telephone number will only be charged at the normal rate with no additional charges. Telephone Entry entrants must provide their full name, the e-mail associated with their Account, the title of the Flash Competition they wish to enter, and a contact telephone number in order to be entered into the Flash Competition. This information will be processed in accordance with the provisions in these Terms and the Promoter's Privacy Policy.
9. Telephone Entries must be received before the Draw Date of the relevant Flash Competition in order to be entered into the Competition. If the Entrant's Account cannot be identified from the details provided on the phone call, then the entry into the Flash Competition will not be processed.
10. The Promoter will store and process the Entrant’s personal information. The personal information must include details of at least one form of contact and will be used for the following purposes:
a. to notify any Winner or Runner(s) Up that they have won a Prize in a Competition;
b. to administer the Website and App and conduct the Competitions; and
c. after a Draw, to post the Winner and, where applicable, any Runner(s) Up’s first name, town/county of residence and profile image or other photo on the Website and/or App, and in media communications about the Competitions.
11. All Entrants are solely and completely responsible for providing the Promoter with accurate and current contact details.
12. The Promoter will be in no way liable for any failure or inability to make contact with any Entrant due to any errors, omissions or inaccuracies in the contact details provided by the Entrants or otherwise.
13. The Promoter will not accept:
a. responsibility for Entries that are lost, mislaid, damaged or delayed in transit, regardless of cause including, for example, equipment failure,
technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or
b. responsibility for Postal Entries that are lost, mislaid, damaged, or delayed in receipt at the specified address until after the earlier of the Closing Date of the relevant Competition or the point that the Competition sells out, and this holds regardless of the cause including, for example, failure of postal service, natural disasters, and water corruption; or
c. any other purported proof of entry to the Competition other than as recorded by the systems of the Website or App, or by the Promoter upon
receipt of a Postal Entry or Telephone Entry.
14. An Entry shall be declared void, without any refund being given, if the Entrant engages in, or the Promoter at their sole discretion believes the Entrant is engaging in:
a. any form of fraud, whether actual or apparent;
b. fraudulent misrepresentation;
c. fraudulent concealment;
d. hacking or interference with the proper functioning of the Website or App; or
e. amending, or unauthorised use of, any code that constitutes the Website or App (for example, utilising any information from the Website's code
to gain an advantage over other Entrants).
15. Each individual Entrant may submit up to the maximum number of entries specified in total for any one particular Competition.
16. Only Entries made in accordance with these terms will be entitled to participate in a Competition and be eligible to win a Prize in a Competition
17. All funds paid to the Promoter in return for Tickets, and all Entries to any one Competition are final. Refunds shall not be given at any time apart from under the circumstances described in terms 28 and 45.
18. Competitions hosted on the Promoter’s Website or App may also be entered from time to time via Partner Websites that the Promoter operates. Where customers enter via those Partner Websites, they agree to abide by the terms and privacy policy of that Partner Website.
Eligibility
19. Competitions are open for entry only to private individuals (i.e. not a limited company, partnership or limited liability partnership) aged 18 (eighteen) or over and residing in or a citizen of the United Kingdom or Ireland, excluding the Promoter and their employees.
20. Only Registered Users are eligible to enter any Competition.
21. In entering a Competition, all Entrants confirm that they are eligible to do so and eligible to claim any Prize awarded in the relevant Competition. The Promoter may require any Entrant, including any Winner and/or Runner(s) Up to provide evidence that they are and were eligible to enter a particular Competition.
22. The Promoter will not accept and will not refund Entries that are:
a. automatically generated by computer;
b. completed by third parties;
c. paid for using a card belonging to someone other than the Entrant;
d. altered, reconstructed, forged or tampered with; or
e. incomplete.
23. The Promoter will not accept and will not refund Postal Entries that are:
a. completed by third parties;
b. illegible, have been altered, reconstructed, forged or tampered with;
c. incomplete;
d. incorrectly sent by post;
e. delayed in receipt at the Promoter's registered address until after the earlier of the Closing Date of the relevant Competition or the point that
the Competition sells out, or are not received at the Promoter's registered address through whatever reason other than the Promoter's
actions.
24. The Promoter reserves all rights to disqualify Entrants if their conduct is contrary to the spirit or intention of the Competition entered.
25. Entries on behalf of another private individual will not be accepted, and joint submissions are not allowed. Registered Users may not create more than one account to play under and/or benefit from, whether the additional accounts are created under fake names or not. Linked Accounts are also prohibited. If the Promoter, in their sole estimation, discovers that Entries, Gem Store claims or Referrals (including but not limited to cases where individuals are, in effect, referring themselves across accounts and claiming the benefit from doing so) are being made by the same individual from more than one account, all such benefits the individual receives including but not limited to Entries, claims, gems, Credit, Gem Store claims and Referral rewards will be voided, no refund shall be given, no benefits such as Prizes won, Credit or Gem Store claims shall be paid out, and the Promoter will be entitled to claim back any benefit such as a Prize, Credit, or Gem Store claim or, in each case, its equivalent value that has already been claimed by any of the accounts in question. Any promotions that the Promoter operates are deemed to be limited to one claim per individual, unless stated otherwise. In cases where an individual posts a promotion operated by the Promoter to a public group of any description, then the Promoter shall reserve the right to limit the benefits accruing to the individuals that have claimed that particular promotion. If the Promoter, in their sole estimation, believes that one or more accounts are Linked Accounts, then those benefits received by the Linked Accounts such as entries, claims, Credit, gems, Gem Store claims and Referral rewards shall be voided with no refunds given, and no Prizes won, Credit, or Gem Store claims shall be paid out to those Linked Accounts, and the Promoter will be entitled to claim back any Prize, Credit or Gem Store claims or, in each case, its equivalent value that has already been claimed by the Linked Accounts. The Promoter reserves the right
to void a Referral, and any benefits accruing under that Referral to either participating individual for any reason whatsoever.
26. By entering the Competition, Entrants warrant that all information that they submit is accurate, true, current and complete. The Promoter reserves the right to disqualify any Entrant (entirely at the Promoter's discretion) if there are reasonable grounds to believe the Entrant has acted in breach of any of these Terms.
27. The Promoter reserves the right to close or suspend a Registered User’s Account (and prevent the individual who created the Account from
participating in any future competitions under a different e-mail) at any time and for any reason. Without limiting the preceding sentence, the Promoter shall be entitled to close or suspend a Registered User’s Account if:
a. the Registered User is writing abusive, misleading, or factually incorrect statements to the Promoter's staff, on social media, review websites, and so on;
b. the Registered User has become bankrupt;
c. the Promoter considers that the Registered User has used the Website or the App in a fraudulent manner or for illegal and/or unlawful or improper purposes;
d. the Promoter considers that the Registered User has used the Website or the App in an unfair manner, has deliberately cheated or taken unfair
advantage of the Promoter or any of its other Registered Users or if the Registered User’s Account is being used for the benefit of a third party;
e. the Promoter is requested to do so by the police, any regulatory authority or court;
f. the Promoter considers that any of the events referred to in ‘a.’ to ‘d.’ may have occurred or are likely to occur;
g. The Promoter reasonably suspects that the Registered User is under 18 years of age; or
h. the Registered User’s Account is deemed to be dormant.
28. If the Promoter closes or suspends the Registered User’s Account for any of the reasons referred to in ‘a’ to ‘g’ above, the Registered User shall be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by the Promoter arising therefrom and shall indemnify and hold the Promoter harmless on demand for the same. This includes but is not limited to the value of any Prizes won by that Registered User (whether already claimed or not), the value of any Credit provided to that Registered User, and so on. In the circumstances referred to in ‘a’, ‘b’, ‘f’ and ‘h’ above, the Promoter may choose to refund any outstanding entries to the Registered User. In the same
circumstances in the preceding sentence, the Promoter reserves the right to disqualify any Entries that have already been entered into a Competition for which the Draw has not yet taken place.
Prizes and the draw
29. The Winner and any Runner(s) Up for each Competition will be determined and awarded the relevant Competition Prize(s) so specified on the Website and on the App in accordance with these Terms.
30. The Draw to determine the Winner and, where applicable, any Runner(s) Up will be made on the Draw Date.
31. Unless brought about by circumstances outside of the Promoter's control (e.g. a server crash), the Promoter will not extend the Closing Date for any Competition.
32. On a Competition's Draw Date:
a. there will be a Draw to determine the Winner, and the Prize shall be awarded to the Winner subject to KYC checks being completed as
outlined in term 35;
b. where the Competition provides for one or more Runner Up Prize(s), there will be a Draw or Draws to determine the Runner(s) up, who shall
be awarded the associated Runner Up Prize(s) subject to KYC checks being completed as outlined in term 35.
33. If any Winner or Runner(s) Up cannot be contacted by the Promoter within 30 (thirty) days of being notified of their status as the Winner by e-mail and/or telephone provided in the contact details submitted in their Entry, the Promoter shall be entitled to award their Prize to the Entrant next Drawn instead of the original Winner or Runner(s) Up who will lose their claim over the Prize and forfeit it, with the effect that the first Runner Up (as applicable) would become the Winner, the second Runner Up (as applicable) would become the first Runner Up, and so on. Any alternate Winner or Runner Up shall likewise comply with the 30 (thirty) day contact requirement. For the avoidance of doubt, once the original Winner or Runner(s) Up have lost their claim over the Prize, the original Winner will have no further claims against the Promoter.
34. The Promoter shall ensure and preserve the random nature of the Draw. The Draws are currently operated using a True Random Number Generator. In the event that any mechanical of technological defect occurs that relates to the draw (such as an incomplete number being drawn, or the draw process failing in some way), the draw will be cancelled and re-run once the defect has been remedied, or, failing this, using an alternative random draw method. The result(s) of the Draw are final and the Promoter shall not enter into any correspondence in relation to the same.
35. Upon the request of the Promoter, the Winner, and where applicable, any Runner(s) Up will be required to forward personal identification, such as a driver's license or passport, as well as a recent utility bill or other official document confirming their address, to the Promoter to prove their identity and age, that their Entry was made in accordance with these Terms, and that there is no lawful impediment (pursuant to any applicable local or international law) to the Winner or any Runner(s) Up being awarded any Prize in the relevant Competition. The Promoter may refuse delivery of the Prize to the Winner and any Runner(s) Up if the requested personal identification is not received. In the event that the Promoter reasonably believes that there may be a lawful impediment to awarding a Prize to a Winner or any Runner(s) Up, the
Promoter may suspend making such award until the legal issue is resolved or if, in the reasonable opinion of the Promoter such issue cannot be resolved, to award that Prize to a new Winner and / or Runner(s) Up in a like manner as set out in term 32, with the effect that the previous winner loses their claim over the Prize and forfeits it. For the avoidance of doubt, once a Prize has been forfeited, the original Winner and/or Runner(s) Up will have no further claims against the Promoter.
36. The Promoter does not guarantee that any Prize(s) will be received by a Winner or any Runner(s) Up within any particular period following the draw. The Promoter will make all reasonable efforts to deliver the Prize within a reasonable time period, and to ensure that the Prize reaches the Winner or Runner(s) Up.
37. In the event that the Winner or Runner Up wins a vehicle, unless the Promoter elects at its sole discretion to deliver the vehicle, the Winner or Runner Up will be required to travel to the Promoter's offices or a mutually agreed location to collect the Prize, with the Winner or Runner Up bearing the cost of transport unless stated otherwise. For winners of vehicles and any other Prize outside of Great Britain, registration, transport, postage, and/or any other costs will be the responsibility of the Winner or Runner Up.
38. The Promoter is entitled to refuse delivery of a Prize to a P.O. box or any other location that may be used to conceal the identity of a Winner, in order to ensure that a Prize is not delivered to a fraudulent Winner.
39. In cases where the Promoter reasonably suspects fraud has occurred, and/or an individual has taken steps to gain an unfair and unintended advantage over other Entrants in any Competition, the Promoter is entitled to refuse delivery of any Prizes that the individual under suspicion may have won. The Promoter is entitled to use any legitimate Competition wins to set off an amount owing to it from an individual, howsoever that liability arises.
40. In cases where the Prize is an experience, which should be taken to include, for example, domestic and international holidays, day-trips and one-off events or occasions, the Winner of the Prize or any Runner(s) Up will be contacted by either the Promoter or a Raffolux Partner to arrange delivery of the experience. If the Winner or Runner Up fails to confirm necessary details (e.g. the people who will be attending the experience, the desired date of the experience, etc.) within 14 days from the point of being contacted, then it is acknowledged that, on occasion, certain elements of the Prize may not be available, in which case the Promoter and the Winner/Runner Up will arrange a mutually agreeable substitute experience up to the same value as the original Prize. Where booking with a third-party provider, the Winner or Runner Up must get in contact with the Promoter before booking to confirm all items of the experience (e.g. flights, travel dates, number of people) so that the
Promoter can ensure full delivery of the Prize on the desired dates, as often these items are booked with different providers and require coordination. In instances where the Winner or Runner up fails to confirm the details with the Promoter before booking the experience and complications arise, the Promoter will substitute up to the total value of the original Prize where possible, but will have no further liability to the Winner or Runner Up.
41. Any Winners or Runner(s) up outside the UK are responsible for any applicable taxes and duties.
42. The Promoter does not in any way guarantee or give any warranties as to the value of the Prize, its condition, history or any other matters associated with the Prize. The Promoter reserves the right to substitute the Prize for one of equivalent value.
43. The Prize to be awarded to the Winner and/or Runner(s) Up cannot be substituted for any Prize of equivalent value, such as a cash prize, solely due to a request of the Winner and/or Runner(s) Up. The Promoter reserves the right to offer a cash alternative to the Prize specified in the Competition, and to offer a Prize of equal or greater value if for some reason the Prize is no longer available due to circumstances outside the Entrant’s control.
44. In that the event that the Promoter sends the Winner or any Runner(s) Up a Prize that is greater than the value of the Prize advertised in the Competition and noted in the description, then the Winner or Runner Up, upon the request of the Promoter, must return the excess value that was sent in error. For example, if the Entrant has won a £100 Prize, and the Promoter sends the Entrant £1000 in error, then the Entrant must return £900 to the Promoter.
45. The Promoter reserves the right to remove a Competition from the Website or App at any time, and in the rare event that this occurs, will refund the Entry Fee of any relevant Entry and any imputed Entry Fee of any relevant Postal Entry and/or Telephone Entry to that Competition to the Registered User in the form of Site Credit.
Charity
46. Registered Users have the option to select to support one of the promoter’s Partner Charities. At the end of each month, and weighted by the Registered User's relative spend to total sales that month, the Promoter will donate 4% (four per cent) of the month's net proceeds to the Partner Charity selected by the Registered User, and 1% (one per cent) to be split and donated in even parts to the remaining Partner Charities. If for any reason the donation is deemed to be a taxable supply, then any payments to charities or their trading subsidiary will be inclusive of VAT.
47. The Raffolux Partner or the Promoter may, for any Competition for which it has provided a Prize, specify a Charity to which a percentage of the total Ticket sales will be donated. The Promoter or the Raffolux Partner will make the Charitable Donation after the Draw.
Announcement of Winners and any Runner(s) Up
48. Where requested by the Promoter, all Winners and Runner(s) Up are required to provide photographs and videos, and be captured in photographs and videos taken by the Promoter or one of its agents, which, along with any of the information outlined in term 10(c), may be used in any marketing activity of the Promoter on any channel, including, but not limited to, Facebook, Instagram, Twitter, YouTube, the Website, App, marketing campaigns of any sort on any medium, and so on. The Winner and any applicable Runner(s) Up consent to the use of the information described in this term 47 in this way, although can refuse consent at any time up to the point of publication. This refusal must be received by the Promoter in writing. All content taken of the Winner and / or Runner(s) Up, whether by the Promoter, an agent, or the Winner or Runner(s) Up themselves, are deemed to be the Property of the Promoter. The Promoter accepts no responsibility for any loss or liability incurred by the Winner or Runner(s) Up that may result from the publication of the content described in this term 48. The Promoter may also ask the Winner or Runner(s) Up to participate in further reasonable publicity requests.
Free Prizes
49. Where a Prize is offered free of charge by the Promoter (including, but not limited to, prizes offered via free draws on the Website or App, and prizes offered through social media giveaways or promotions), the Winner and, where applicable, any Runner(s) Up agree, if requested by the promoter, to participate in reasonable publicity requests relating to the Competition and/or the Promoter.
50. Such publicity requests may include, but is not limited to, the use of the Winner’s name, photograph, video footage, audio recordings and / or statements for promotional, marketing and publicity purposes across the Promoter’s Website, App, email communications and social media channels.
51. If a Winner or a Runner Up of a free Prize refuses to participate in such reasonable publicity activity when requested, the Promoter reserves the right, at its sole discretion, to withdraw the Prize and to redraw the Competition to select an alternative Winner or Runner(s) Up.
Limitation of Liability
52. Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate any Entrant or accept any liability for any loss, damage, personal injury or death occurring as a result of interaction with the Promoter or its employees in any form, including but not limited to any ordinary or special circumstances that arise out of submitting an Entry, or in relation to the use and enjoyment of a Prize by the Winner or Runner(s) Up gained through any Competition, except where
death or personal injury is caused by the negligence or fraud of the Promoter, or that of their agents, distributors, or employees. The Winner’s statutory rights are not affected.
53. The liability of the Promoter to each Entrant is limited to the aggregate value of the Entry Fees paid by that Entrant.
54. The Promoter accepts no liability for errors or omissions contained within the description of any Prize awarded as part of any of the Competitions on the Website or App, or the Prize Value, or any other description or specification or any other part of the Website or App. It is the responsibility of each Entrant (and in particular the Winner and any Runner(s) Up) to satisfy him/herself as to the accuracy of any such details and/or any content of the Website or App.
55. The Promoter accepts no liability for errors or omissions caused by human error or technical faults within the Promoter's technological infrastructure. Such situations could, for example, include situations where errors or faults lead to the system or the Promoter's staff wrongly paying out or promising to pay out Prizes or cash alternatives to Registered Users, a Registered Users wins a Prize in a reasonably unintended manner, the system drawing a Competition twice, an Instant Win Competition having the ticket selector available for use, and so on. In such situations, no benefit, including but not limited to a Prize, Credit or gems shall be paid out and, subject to a full refund issued to the Registered User (or Credit should the Registered User prefer), the Promoter shall have no further liability for any reason. Confirmation emails and other communications from the Promoter do not constitute acceptance of any transaction on the Promoter's Website or App.
56. The Promoter accepts no liability for non-receipt or issues with receipt of a Prize due to errors in information provided by the Winner or Runner Up, such as incorrect bank account details or a wrong delivery address.
General
57. The Promoter’s Competitions and promotions are in no way sponsored, endorsed, administered by, or associated with Apple Inc., Google LLC, or any of their subsidiaries or affiliates. Neither Apple nor Google has any involvement in the organisation, conduct, or promotion of any Competitions, nor are they responsible for providing any prizes or customer support in relation to these Competitions. Entrants acknowledge that any information provided in connection with a Competition is being provided to the Promoter, and not to Apple or Google.
58. The Promoter shall not be a trustee of any Entry Fees received, unless it is subject to a specific contractual agreement with a Raffolux Partner or Charity to act as such.
59. The Promoter reserves the right to suspend or cancel any Competition at any time, either before or after Entries have been received. In cases where a human or a technical error has resulted in participants being awarded one or more Prizes in an unfair manner or participants being disadvantaged, the Promoter reserves the right to cancel the Competition, not award any Prizes for that Competition, and refund Entry Fees paid directly to the Entrant. This applies even if the Prizes have already been won, as each participant must have the same chance of winning per ticket in every Competition. If a Competition is cancelled due to the Promoter’s actions and specifically not those of the Raffolux Partner or any other entity associated with the Competition, the Promoter will return any relevant Entry Fee paid by each Entrant to them as Credit, and return the imputed Entry Fee for each Postal Entry or Telephone Entry made by each Entrant to them as Credit (relative to the value of the ticket price in the Competition). Where all the Entry Fees have been returned, the Promoter shall have no further liability to the Entrant or to any other person. An imputed Entry Fee will be used in the case of any Postal Entry or Telephone Entry.
60. Without prejudice to the operation of term 59, the Promoter reserves the right to cancel any Competition in the event that an order is made or a resolution is passed for the winding up of the Promoter, or an order is made for the appointment of an administrator to manage the affairs of the Promoter, or circumstances arise which entitle a court or creditor to appoint a receiver or manager or which entitle a court to make a winding up order, or the Promoter takes or suffers any analogous action in consequence of debt or an application to court for protection from its creditors is made by the Promoter.
61. The Promoter reserves the right to void any Credit, gems or outstanding claims on a Registered User’s Account, with no compensation to the Registered User, if the Registered User has not been active for 90 days or more. The Promoter may occasionally run promotions where customers will receive benefits, such as but not limited to Credit, additional tickets, discounts, or prizes being assigned to the Registered User in their claims area. Unless otherwise stated, such benefits are to be availed of no more than once per Registered User, and the Promoter reserves the right to not provide any stated benefit if the Promoter, at their sole discretion, believes the promotion is being availed of beyond the intended limit. Where the Promoter runs promotions where a minimum spend is required to be enter into a competition, the spend required is deemed to
exclude credit unless explicitly stated otherwise. Where the Promoter runs promotions where prizes are assigned to the Registered User in their claims area, or Credit is given to the Registered User, such prizes or Credit shall be deemed to expire within a month of being provided to the Registered User, unless the terms outlined as part of the specific promotion state otherwise.
62. The Promoter reserves the right to make reasonable amendments to these Terms at any time, with immediate effect upon publishing such amendments on the Website and App. Any such amendments shall not prejudice any Entries received prior to the time of such changes.
63. Consumer ‘cooling off’ rights do not apply to the purchase of Tickets with the Promoter.
64. These Terms shall not create or be construed as creating any form of contract, joint venture or other agreement between any Entrant and the Promoter.
65. All Competitions that the Promoter promotes, their administration and all associated activities shall be governed by the laws of England and Wales, and all parties submit to the exclusive jurisdiction of the courts of England and
Wales.
Definitions
Note that throughout the Terms, plural forms of the capitalised terms are used, and have the same meaning as given below.
Account: means the Registered User's Raffolux account.
App: means the Raffolux mobile application, available on both iOS and Android
platforms.
Charity/Charities: means the charities or charitable causes that may be specified by a
Raffolux Partner or the Promoter for a particular Competition.
Charitable Donation: means the percentage of the total Ticket sales for a
Competition that will be paid to the Charity or Charities specified by the Raffolux Partner.
Closing Date: means the date on which a Competition closes.
Competition: means any prize draw operated by the Promoter on its Website and/or App to which these Terms apply, wherein the Entrants submit one or more Entries for a chance to win Prize(s).
Draw: means the random selection of an Entry from the class of total entries, that occurs on the relevant Competition’s Draw Date to determine the Winner and, where applicable, any Runner(s) Up.
Draw Date: means the date at which the Draw takes place, which will be the earlier of the Closing Date of the relevant Competition, or the point that the Competition is sold out.
Entrant: means any natural person (not including a limited company, partnership or limited liability partnership) who submits an Entry to a Competition in accordance with these Terms.
Entry (and Entries): means an entry made in accordance with these terms and conditions by the Entrant through the Website, App, by post or by telephone in order to gain an opportunity to win a Prize.
Entry Fee: means the entry fee payable as a condition of submitting an Entry on the Promoter’s Website or App. The fee will be stated clearly for each Competition, and may vary between Competitions.
Flash Competition: means a competition for a Prize that has a duration of 48 hours or less, and can be entered either online or for free by Telephone Entry (see terms 8 and 9 for more information).
Gem Store: means the store available on the Website where Registered Users can exchange gems (effectively ‘rewards points’) that they have earned through Referrals or making Entries for various items.
Instant Win Competition: means a raffle where a number of instant win prizes are available. Where the ticket number listed against an instant win prize in the raffle description corresponds to an Entrant's ticket number, the relevant instant win prize shall be transferred to the ticket holder. Instant win prizes shall not be transferred to a ticket holder for any other reason other than direct correspondence with the ticket
number the Entrant has acquired. The ticket selector is disabled for this type of raffle, and customers buy randomly allocated tickets for their chance to win.
Linked Accounts: Any two accounts which are linked by any detail, whether that be name, bank details, payment details, activity patterns, and so on.
Membership Form: means the form required to be completed, unless a linked social media sign-in is used, in order for a Visitor to become a Registered User.
Partner Charity: means one of the charities that can be selected to be sponsored by Registered Users, to receive donations in accordance with the procedure laid out in term 46.
Postal Entry: means a validly composed and posted postcard or letter, in accordance with these Terms, that is received by the Promoter.
Prize: refers to the good, item, promise or service so specified in each Competition that a Winner or Runner Up of that Competition may receive.
Prize Value: means the description of the value of a Prize of a Competition
Product: means a good or service owned by a Raffolux Partner.
Promoter: means Raffolux, which is the trading name of Raffolux Ltd, company number 10962686, whose registered office address is Raffolux Ltd, 4 Ravey Street , London, EC2A 4QP.
Raffolux Partner: refers to a company or private individual that enters into an agreement with the Promoter to provide one or more Products.
Registered User: means a Visitor that has filled out a Membership Form, or signed in through one of the linked social media platforms such as Facebook or Twitter.
Registered Users are eligible to make Entries to any Competition, insofar as they are eligible to do so due to the nature of the Competition itself.
Runner(s) Up: means the Entrant(s) selected second, third, fourth, and so on as required by the Draw on the Draw Date.
Runner Up Prize(s): means the Prize that a Runner Up will receive, as may be specified in a Competition.
Site Credit: means a store of credit that can be applied to reduce a Registered User’s checkout balance.
Telephone Entry: means a validly completed entry by phone call, in accordance with
these Terms, that is received by the Promoter.
Terms: means these terms and conditions.
Tickets: means the virtual tickets that Registered Users purchase in order to enter into a Competition.
True Random Number Generator: means the Random.org software built by DR Mads Haahr of the School of Computer Science and Statistics at Trinity College Dublin in Ireland. The particular software utilises atmospheric noise to ensure the highest level of entropy, and select a truly random Winner of each Competition
Visitor: means any unique visitor that is a natural person (not including a limited company, partnership or limited liability partnership) to the Raffolux Website or App.
Website: means https://raffolux.com and all sub-domains attached to this domain.
Winner: means the Entrant first selected by the Draw on the Draw Date, and in accordance with these Terms.
Partner Website: means any of Monaco Watch Club (themonacowatchclub.com) or RaiseHero (raisehero.com and the5050raffle.com).
Referral: means where a Registered User refers another Registered User to sign up to the Promoter’s Website or App.