Terms and Conditions

ELITE COMPETITIONS - COMPETITION TERMS PRIZE DRAW AND SPIN TO WIN

1. The Promoter

The promoter is Hydro Solutions Fylde LTD t/a Elite Competitions, contact details below, (‘Promoter’, ‘our’) who operates various competitions resulting in the allocation of prizes (‘Prize’ or ‘Prizes’) on the website www.elitecompetitions.co.uk and on our App (together, ‘Platform’) in accordance with these terms and conditions.

2. The Competitions

2.1 All draws operated by the Promoter on its Platform to win Prizes are referred to respectively as the ‘Competition(s)’ in these Terms and Conditions. This includes:

(a) one-off Prize Competitions;

(b) ‘Instant Win Prizes’ (see Clause 5.1 for extra terms);

(d) ‘Bonus Ball’ Competitions (see Clause 5.3 for extra terms); and

(e) ‘Elite Club’ subscription Competitions (see Clause 5.4 for extra terms).

2.2 Multiple Competitions may be operated at the same time by the Promoter on the Platform and each Competition will have a specific Prize and may have Instant Win Prizes, all as specified on the Platform.

2.3 Availability and pricing of Competitions is at the discretion of the Promoter and will be specified on the Platform.

2.4 Each Competition has a free entry route available as well as a paid entry route (see Clause 4 below). The availability of a free entry route to enter each Competition means that each such Competition does not fall within the definition of a lottery under the Gambling Act 2005 and can be operated legally in Great Britain without any need for a licence.

2.5 Each Competition will run for the period of time specified at the creation of each Competition. Please see our Platform for details of each Competition including start and end times and dates (‘Promotion Period(s)’).

2.6 The Competitions will end when the timer runs out on the Platform at the end of the Promotion Period for each Competition. The Competitions will never have time added on, however the Promoter can end the Promotion Period earlier at the Promoter’s discretion, provided that the Competition will remain open for at least 3 clear days following the Promoter’s announcement on the Platform that the Promotion Period will end early.

3. Eligibility and Undertaking to Eligibility

3.1 Competitions are open to all persons aged 18 or over who are resident in a country where it is lawful for the Entrant to enter the Competitions and for the Promoter to promote the Competitions and award the Prize to the Entrant.

3.2 Any employees of the Promoter or any person connected with the Promoter (through family, professional or commercial association) are prohibited from participating in Competitions.

3.3 By entering a Competition, the entrant (‘Entrant’, ‘you’, ‘your(s)’ and/or ‘Customer’) will be deemed to undertake that you:

(a) are at least 18 years of age;

(b) have the legal capacity to enter it;

(d) will be bound by them and by any other requirements set out in any of the Promoter’s related promotional material on the Platform.

3.4 By participating in a Competition either online via the website or app on our Platform or by postal entry, you hereby confirm that you are not breaching any laws in your country of residence regarding the legality of entering our Competitions. The Promoter will not be held responsible for any Entrant entering any of our Competitions unlawfully. If in any doubt you should immediately leave the Platform and check with the relevant authorities in your country.

3.5 The Promoter reserves the right to refuse a Customer’s entry at the Promoter’s own discretion.

3.6 All Competitions are governed by English law and all and/or any matters or disputes relating to the Competition will be dealt with and/or resolved under English Law and the Courts of England shall have exclusive jurisdiction.

4. How To Enter

4.1 To enter any Competition, you must first create an account on our Platform. To register an account online you will be asked to provide an email address or to sign in via a social media account, such as Facebook, Twitter or Gmail. You must then either:

(a) submit the online entry form provided on the Platform; or

(b) send a postal entry to the Promoter.

In both cases, the entries (‘Entry’, ‘Entries’) must be received by the end of the Promotion Period for the Competition as stated on the Platform. All Entrants must confirm when registering and submitting their Entries that they have read and accepted these Terms and Conditions.

4.2 All Entrants must provide their contact details to the Promoter including:

(a) full name;

(b) date of birth;

(d) postal address;

(e) contact telephone number,

(‘Contact Details’).

The Contact Details will be used to confirm an Entry, to notify the winner if they have won a Prize, to post the winner’s name and location on the Platform as a winner unless requested otherwise by an Entrant under Clause 10.2, and in any other way set out in our Privacy Policy on the Platform.

4.3 Online Entries When playing a Competition online via the Platform, you must follow the on-screen instructions to: select the Competition you wish to enter and, when you are ready to purchase your ticket(s)/Spins to the Competition (‘Tickets/Spins’), provide your contact and payment details (‘Online Entry’). You will need to check your details carefully and tick the declaration, confirming you have read and understood the Competition Terms and Conditions. Once you have purchased your Tickets, registered to play the relevant Competition, selected number of Tickets/Spins, and when your payment has cleared, we will then contact you by email to confirm your Ticket/Spin purchase.

4.4 Postal Entries/ Free Entries When playing a Competition via a postal entry, the Entry is free. All Entrants must specify which Competition they wish to enter, confirm they have read and understood the Competition Terms and Conditions and provide their Contact Details to the Promoter by post to the following address: Elite Competitions, Unit 6, 7 & 8 Turing Court, Hawking Place, Bispham, Blackpool, FY2 0QW. First or second-class postage must be paid for each such Entry (‘Postal Entry’). Bulk entries (within the same envelope) will not be accepted. Postal entries will not be accepted directly through the letterbox. The same number of Postal Entries are allowed as paid Online Entries for each Competition for each registered account. Each Postal Entry has the same chance per Entry of winning a Prize or an Instant Win Prize as an Online Entry. If an Entrant wishes to be entered for a Bonus Ball prize (see Clause 5.4), they must state this on their Postal Entry.

4.5 All Entries, whether an Online Entry or a Postal Entry, must arrive by the end of the Promotion Period for a Competition as stated on the Platform. For all Competitions a random number/s/Spins will be allocated to each Entry by the Promoter. All Postal Entries will be treated in the exact same way as paid Online Entries once numbers have been allocated. If a Competition has sold out, then no further Entries will be accepted and the Platform will state that that Competition has closed.

4.6 Please note that whether submitting an Online Entry and/or a Postal Entry, you will not be deemed entered into the Competition until we confirm your Entry which can be confirmed in your account when you login or we may send you an email confirming it.

4.7 The Promoter reserves the right to refuse an Entry or disqualify any incomplete Entry, if it has reasonable grounds for believing that an Entrant has contravened any of these Terms and Conditions.

4.8 The Promoter reserves the right to disqualify an Entry if it has reasonable grounds for believing that an Entrant’s conduct might be contrary to the spirit or intention of the Competition, including conduct that might be abusive or racist or where an Entrant has posted, or is likely to post, defamatory comments on the Platform or elsewhere on social media.

4.9 All Entries are final and no refunds will be made at any time, except for refunds made under Clause 6.9. To the extent permitted by applicable law, all Entries become the Promoter’s property and will not be returned.

4.10 Postal Entries will be processed daily. If a Competition has sold the maximum number of entries allocated to it, the Platform will state that it has sold out and then no further Entries will be accepted.

4.11 An Entrant can enter each Competition up to the maximum number of times stated on each Competition’s page on the Platform, by Online Entry or Postal Entry. Each Entrant to a Competition will be automatically eligible for any Instant Win Prizes that may be part of that Competition as set out in Clause 5.1.

4.12 Each Competition will have a minimum of nine (9) Entries and a maximum of 9,999,999 Entries. Each Competition closes when the last number/spin is taken, or the Competition timer runs out, no more Entries will be accepted after this point.

5. Terms relating to Specific Competitions

5.1 Instant Win and Add-On Prizes

(a) Once an Entry has been randomly allocated confirmed and the ticket number for that Entry finalised, the Entry will be submitted into the Competition database and will be eligible for any Instant Win Prize(s) if the Entrant has the winning number.

(b) Each Postal Entry has the same chance as winning an Instant Win Prize as a paid Online Entry.

5.2 Spin to Win Competitions

(a) The Spin to Win virtual wheel is a fixed odds product, where each wheel has a predetermined number of spins and a fixed number of prizes available. The results of each spin are random and chances of winning depend on the ratio of tickets to prizes. The Spin to Win Competition will end on the earlier to occur of (i) all tickets being sold and (ii) one (1) year from the launch date.

(b) Each Spin to Win Competition can be entered by either (a) an Online Entry or (b) a Postal Entry, where the Promoter will process one free spin for the Entrant when their Postal Entry arrives.

(c) Once an Online Entry for a Spin to Win Competition has been confirmed, the Entrant can access the wheel on the Platform and then spin it in an attempt to Win Prizes. The device used by an Entrant to spin the wheel will display spinning animation whilst awaiting the results of the spin, but an Entrant should be aware that the animation does not affect the result.

(d) Once a Postal Entry has been received and confirmed, the Promoter will “spin” the wheel for the postal Entrant and advise them if they have won.

(e) Each Postal Entry has the same chance as winning an Instant Win Prize as a paid Online Entry.

(f) In case of a technical error affecting the outcome of a spin, Promoter reserves the right to void a spin and offer a refund or replacement spin.

(g) Prize Winners of Spin to Win Competitions will be notified within 24 hours of their win, either by email or by phone.

5.3 Bonus Ball Competitions

(a) Eligibility and Participation The Bonus Ball feature is only available for Competitions that have an ‘End Prize’ and the Bonus Ball feature will be added to a Competition at the discretion of the Promoter. Customers must specifically opt into the Bonus Ball feature when purchasing their Entries, thus (i) Postal Entries need to state clearly that they wish to include Bonus Ball on their postal entry form and (ii) for Online Entries, the Entrant must select the Bonus Ball feature, and then the ticket price will increase by a % chosen by the Promoter and announced on the Platform prior to selection of the feature. If Bonus Ball is selected, it will be applied to every ticket purchased for that specific Competition in that particular transaction. If you wish to apply Bonus Ball to multiple Competitions within a single transaction, you must reselect the feature and add the respective tickets to your basket before completing your purchase.

(b) Bonus Ball Mechanics During the live draw, an additional chamber in the draw machine will contain three balls, with one of these designated as the Bonus Ball. To qualify for the additional Bonus Ball winnings, you must: a) win the End Prize of the competition; b) have opted into the Bonus Ball feature when making your Entries/purchasing your ticket(s); and c) have the Bonus Ball drawn during the live draw. If all the above conditions are met, you will receive the specified bonus prize on top of your original prize.

(c) Prize Calculation Example: If a competition offers a prize of £100,000 and standard tickets cost £0.20 each: a) opting into Bonus Ball increases the ticket price to £0.24 for Online Entries; b) if you win the End Prize and the Bonus Ball is drawn, your total winnings will be £100,000 + the specified bonus amount eg: £120,000 if the bonus amount was set to £20,000.

(d) The Bonus Ball feature is non-refundable for Online Entries and free for Postal Entries and is only valid for the tickets allocated. It cannot be removed once a transaction has been completed. Opting into Bonus Ball does not guarantee a prize or increase the likelihood of winning the End Prize. The Company reserves the right to amend, suspend, or discontinue the Bonus Ball feature at any time without prior notice. In the event of any dispute, the Company’s decision is final and binding.

5.4 Elite Club Subscription

The Elite Club Subscription enables subscribers to automatically receive entries into Dream Home (house prize) competitions operated by the Company, along with additional subscriber-only benefits. There are three tiers: Bronze, Silver and Gold. Subscribers can join the Elite Club by submitting a form stating which tier of the Elite Club they would like to subscribe to, gold, silver or bronze. Other details of the Elite Club include:

(a) Subscription Fees Subscription Fees for Online Entries are charged monthly on the first of each month; the fees for each tier will be advertised on the Platform. Payments must be made via a valid debit or credit card. If your payment fails, your subscription may be paused or cancelled. Subscriptions are personal and non-transferable.

(b) How It Works

(i) Upon successful subscription, you will automatically receive the allocated number of Entries each month.

(ii) Entries are randomly assigned to Competitions and are non-exchangeable.

(iii) The Bonus Ball feature (see clause 5.3) is automatically assigned to each subscriber for all relevant house competitions.

(i) You can cancel your subscription at any time through your account settings.

(ii) Your subscription will remain active until the end of any then current ongoing Dream Home Competition cycle.

(iii) No partial refunds will be provided for the remainder of the month after cancellation.

(d) Subscriber-only Competitions/the Elite Club Monthly Draw

(i) The Elite Club subscribers will receive the following entries into the Elite Club monthly draw:

· Bronze subscribers : 0 entries

· Silver subscribers : 450 entries

· Gold subscribers : 1,000 entries

(ii) Up to 1000 Free Entries to the Elite Club monthly draw may be submitted by post.

(iii) Odds of winning are determined by the number of total Entries submitted, whether Silver or Gold subscriber Entries or Postal Entries.

(iv) These draws are conducted fairly, randomly, and transparently.

(e) Free Entries to the Elite Club Monthly Draw

An Entrant who is not an Elite Club subscriber wanting a free entry to the Elite Club monthly draw must submit a Postal Entry via postcard, stating (i) the information set out in Clause 4.4; (ii) which Elite Club monthly draw they wish to be entered for; and (iii) whether they want to opt for the Bonus Ball. All such postal entries up to a maximum of 1000 will be permitted for each Elite Club monthly draw and any entries received in excess of 1000 will not be included.

(f) Amendments to the Subscription

(i) We reserve the right to modify Subscription tiers, pricing, perks, and rules with 30 days’ notice.

(ii) Subscribers will be notified via email and website announcements.

(iii) Continued participation after changes constitutes acceptance of the new Terms.

(iv) We reserve the right to close any subscription account at our discretion if we believe subscription activity is harmful or irresponsible.

(g) Limitation of Liability

Our total liability to a subscriber to the Elite Club shall be limited to the value of the subscription fee paid.

6. Competition Judgement

6.1 Elite Competitions’ guaranteed 100% random ball machine will determine the winner of each Competition’s End Prize when applicable (referred to as ‘Prize Winner(s)’). The number of Entrants for a Competition will determine how many balls are entered into the random ball spinning machine. Each Competition will have a minimum of nine (9) Entries and a maximum of 9,999,999 Entries. The result will be live streamed on YouTube and Facebook (or such other live streamed internet channel as the Promoter chooses and states in advance on the Platform). In certain circumstances, at the discretion of the Promoter, an alternative verifiably random method of selecting a winning number may be used to select the Prize Winner.

6.2 In the event that there is any malfunction or technical error with the random ball machine in selecting numbers (whether partially or wholly) or selecting a Prize Winner, the Promoter shall be entitled (at its absolute discretion) to re-run the Prize Winner selection process.

6.3 Due to the nature of the selection, there will only be one main Prize Winner per Competition, unless the Promoter states otherwise on the Platform. There may also be some Instant Win Prize Winners (see 6.4 below). The Promoter’s decision is final regarding any aspect of the Competition.

6.4 For all Instant Win Prizes in a Competition, the winning numbers will be randomly selected just before the Competition goes live and cannot be changed. They will be encrypted on the database and kept hidden from all staff at the Promoter.

6.5 The Promoter will attempt to contact Prize Winners of Competitions and Instant Win Prizes using the Contact Details provided at the time of Entry (or as subsequently updated) and held securely in our Database. Entrants must carefully check their Contact Details have been recorded correctly. It is the Entrant’s responsibility to ensure that these Contact Details are accurate, up to date and complete. If for any reason the Contact Details are taken down, inputted and/or submitted and/or recorded in any way by you incorrectly, the Promoter will not be held responsible for any consequences of this of whatever nature and howsoever arising.

6.6 If for any reason the Promoter is unable to contact a Prize Winner within five (5) working days (which may be extended at the sole discretion of the Promoter) of the end of a Competition, or the Prize Winner fails for whatever reason to confirm acceptance of the Prize and/or the Prize Winner is disqualified as a result of not complying with or contravening any of these Terms and Conditions, the Prize Winner hereby agrees that it will immediately, irrevocably and automatically forfeit the Prize and the Prize will remain in the possession and ownership of the Promoter.

6.7 Entrants who specifically consent to marketing communications will be entered onto the Promoter’s database for the purpose of conveying information as to the status of their Competition, as well as any future promotions or Competitions offered by the Promoter.

6.8 The Promoter will draw a Prize Winner for each Competition at the end of the Promotion Period stated on the Platform for that Competition. There will be no extensions to the Promotion Period and all prizes will be awarded in full regardless of the number of Entries received for a Competition. The Promoter may bring the draw date forward if the maximum number of Entries has been received. In the event that the Promoter ends the Promotion Period for a Competition early the Competition will remain open for at least 3 clear days following the Promoter’s announcement on the Platform that it is ending the Promotion Period early and the Prize Winner will be selected from all valid and eligible Entries received by the Promoter prior to the date of closure.

6.9 The Promoter will draw an Instant Win Prize Winner for each Competition that contains Instant Win Prizes during the Promotion Period stated on the Platform for that Competition. There will be no Instant Win Prizes to be won after the Promotion Period. All Instant Win Prizes will be awarded in full regardless of the number of Entries for a Competition.

6.10 The Promoter reserves the right to cancel any Competition at any time either before or after Entries have been sold. If a Competition is so cancelled, the Promoter will notify each Entrant at the email address they have provided and return any payment made by an Entrant by the same method as payment was made or provide them with a credit if they so elect to enable them to replay equivalent Tickets in a subsequent Competition. Where a payment has been refunded, the Promoter will have no further liability to the Entrant or to any other person.

7. Prize Winner’s Details

7.1 Each Prize Winner will be required to show documentary proof of their age (18+) and identification prior to the receipt of a Prize. Any failure to meet this requirement may result in the Prize Winner being disqualified and the Promoter re-allocating the Prize.

7.2 All Prize Winners will be asked by the Promoter to provide photographs and/or pose for photographs and videos and to consent to have their personal details (including details of any Prize won by them) included in marketing material and public relations by the Promoter in connection with the Competition and in identifying them as a Prize Winner of a Competition. See Clause 10.2 for further details.

7.3 Following receipt and verification of the details requested above by the Promoter and provided that the Prize Winner has satisfied these Terms and Conditions, the Prize Winners will be contacted in order to make arrangements for delivery of the Prize.

8. Competition Prizes

8.1 The Prizes are selected by all and/or some of the directors of the Promoter and will either be owned or will be purchased by the Promoter from the date of the Competition going live on the Platform to the date that the Prize Winner receives the Prize. Details of each Prize can be found on the Platform on the Competitions pages. The Promoter takes no responsibility for the Prize awarded after delivery to the Prize Winner has taken place. Once the Prize Winner has taken possession of the Prize, the Promoter will no longer be responsible for insuring the Prize as no insurance comes with the Prizes.

8.2 Delivery of the Prize to the Prize Winner’s home address in Great Britain is free. The Promoter has a right to and/or may charge the Prize Winner delivery fees if they require the Prize to be delivered to an address outside Great Britain. Clause 8.6 sets out the circumstances under which a Prize Winner, whether based in Great Britain or not, will have the right to elect to receive a cash alternative to the Prize.

8.3 All Entrant expenses to collect the Prize are the sole responsibility of the Prize Winner unless otherwise stated by the Promoter. The Prize Winner is also responsible for all taxes, duties or charges in relation to receipt of the Prize.

8.4 The Prize Winner hereby agrees that all Prizes are subject to and are conditional on the terms and conditions of the Promoter, Prize provider, manufacturer and/or supplier and/or anyone that is involved in the provision or delivery of the Prize to the Prize Winner, as will be communicated to the Prize Winner prior to handover of the Prize.

8.5 Each Prize must, subject to Clause 8.6, be accepted as awarded and is non-transferable or convertible to other substitutes and cannot be used in conjunction with any other vouchers, offers or discounts, including without limitation any vouchers or offers of the Promoter or other Prize suppliers and/or third parties.

8.6 If the Promoter so offers, all Prize Winners have the option to elect to receive either the full Prize for the Competition or a cash alternative set by the Promoter which is reasonably equivalent to the Prize. The Prize Winner is under no obligation to accept the cash alternative and the full Prize as per the Competition’s details will be awarded unless a cash alternative is accepted.

9. Storage

The Promoter can store the chosen Prize free of charge for up to 30 days after notifying the Prize Winner, at the end of which time the Prize will be delivered to the Prize Winner. If the Prize needs to be stored by the Promoter for more than 30 days then this shall be at the entire cost of the Prize Winner where such reasonable cost will need to be paid by the Prize Winner to the Promoter before the Prize Winner receives the Prize.

10. Prize Winners’ Personal Data

10.1 Subject to the Prize Winner’s consent, the Prize Winner may be asked to have their photo and video taken by the Promoter for promotional purposes (Public Relations and Marketing).

10.2 When entering a Competition, the Entrant will be asked to consent to use of their name, address, and/or photograph or other likeness, as well as their appearance at publicity events without any additional compensation (save for reasonable travel expenses that are approved in writing in advance by the Promoter) and as required by the Promoter. An Entrant has the right to withhold consent to any of these uses of their Contact Details, but the Promoter will be able to use a winning Entrant’s name when announcing the Prize Winners.

11. Limits of Liability

11.1 The Promoter makes or gives no representations and/or warranties and/or assurances of whatever nature and howsoever arising (and whether in writing or otherwise) as to the quality, suitability and/or fitness for any particular purpose of any of the goods or services advertised, offered and/or provided as Prizes. Except for liability for death or personal injury caused by the negligence of the Promoter and/or for any fraudulent misrepresentations and/or for any events and/or circumstances to the extent that they cannot be excluded or limited by law. The Promoter shall not be liable for any loss suffered or sustained to person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods by any person to the Prize Winner(s) and, where applicable, to any family/persons accompanying the Prize Winner(s), or in connection with any of the Competitions promoted by the Promoter.

11.2 The total maximum aggregate liability of the Promoter to each Prize Winner shall be limited to the total value of each Prize that has been won by the relevant Prize Winner.

11.3 The total maximum aggregate liability of the Promoter to you as an Entrant shall (if you are not a Prize Winner) be limited to the amount that you have paid to enter Competitions in the first 12 months of you playing any Competition.

11.4 Nothing in these terms and conditions shall prevent you making claims to the extent that you are exercising your statutory rights.

12. Electronic Communications

No responsibility will be accepted by the Promoter for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes. The Promoter shall use its reasonable endeavours to award the Prize for a Competition to the correct Entrant. If due to reasons of hardware, software or other computer related failure, or due to human error, the Prize is awarded incorrectly, the Promoter reserves the right to reclaim the Prize and award it to the correct Entrant, at its sole discretion and without admission of liability and the Entrant that has been incorrectly awarded the Prize will immediately at the Entrant’s own cost and expense return it to the Promoter and/or pay the Promoter for that Prize (at the option of the Promoter). The Promoter shall not be liable for any economic and/or other loss and/or consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due to such persons. The Promoter shall use its reasonable endeavours to ensure that the software and Platform(s) used to operate its Competitions performs correctly and accurately across the latest versions of popular internet, tablet and mobile browsers. For the avoidance of doubt, only the Ticket recorded in our systems, howsoever displayed or calculated, shall be entered into the relevant Competition and the Promoter shall not be held liable for any Competition Entries that occur as a result of malfunctioning software or other event.

13. Data Protection Notice

13.1 Any personal data that you supply to the Promoter (such as your Contact Details) or authorise the Promoter to obtain from a third party, for example, a credit card company, will be processed by the Promoter to administer the Competition and fulfil Prizes where applicable, as set out in the Privacy Policy on the Platform.

13.2 In order to process, record and use your personal data the Promoter may disclose it to (i) any credit card company whose name you give; (ii) any person to whom the Promoter proposes to transfer any of the Promoter’s rights and/or responsibilities under any agreement the Promoter may have with you; (iii) any person to whom the Promoter proposes to transfer its business or any part of it; (iv) comply with any legal or regulatory requirement of the Promoter in any country; and (v) prevent, detect or prosecute fraud and other crime.

13.3 In order to process, use, record and disclose your personal data the Promoter may need to transfer such information outside the United Kingdom, in which event the Promoter is responsible for ensuring that your personal data continues to be adequately protected during the course of such transfer.

13.4 If you, as a Prize Winner, do not consent to the Promoter using your name or likeness in promotional or marketing materials, the Promoter will respect your decision but will still need to hold such data in accordance with their Privacy Policy to retain records of your Entry and winning of a Prize.

14. Validation

14.1 The Promoter hereby reserves the right not to deliver a Prize to a Prize Winner until it is satisfied that:

(a) the Prize Winner has a validly registered Platform account and/or is not in breach of these terms and conditions;

(b) any and/or all amounts due or owing by you to the Promoter have been paid in full;

(c) the age and identity of the Prize Winner and his or her entitlement to receive the Prize has been established to the Promoter’s satisfaction (in particular, the Promoter reserves the right to request documentary proof of age and identity and not to give or make a Prize until satisfied appropriate proof of age and identity have been provided).

14.2 Without prejudice to Clause 14.1 above, the Promoter reserves the right (i) not to make or give a Prize and/or (ii) to retrieve a Prize or the value of the Prize, in each case if it reasonably suspects the occurrence of fraud in relation to a Competition.

14.3 The Promoter may, in its absolute and sole discretion, give or make a Prize to a person whom it is satisfied is the duly authorised representative of the Prize Winner acting under a lawfully executed power of attorney or other equivalent authorisation.

15. Your account

15.1 You must keep your account password secure and secret at all times and take steps to prevent it being used without your permission. You must:

(a) memorise your password and never tell it to anyone;

(b) never write your password down (including on your computer or other electronic device) or record it in a way that can be understood by someone else;

(d) avoid using a password that is easy to guess;

(e) ensure that no-one else (apart from you) uses your account while you and/or your devices are logged on to the Platform (including by logging on to your devices through a mobile, Wi-Fi or shared access connection they are using);

(f) log off or exit from your account when not using it; and

(g) keep your password or other access information secret.

15.2 Your password and log in details are personal to you and should not be given to anyone else and/or used to provide shared access e.g. over a network. You must use a password which is unique to your account, and maintain good internet security.

15.3 You must contact the Promoter immediately if you believe, suspect or know that anyone apart from you has used your account and/or given any instruction in relation to it without your permission, or if you believe, suspect or know someone else knows your password.

15.4 If you forget your password, you can reset it by following the instructions on the Platform (as long as you can provide the relevant security information requested or required by the Promoter).

15.5 The Promoter shall not be responsible and/or liable for any and/or all consequences arising out of and/or relating to any and/or all breaches of this rule 14.5 by you. Furthermore, the Promoter shall not in any event be responsible and/or liable for any actions and/or inactions that you may take and/or consequences that you may suffer and/or incur as a result of using and/or in connection with the Platform.

16. Changes

We may revise our terms and conditions from time to time and will post the most current version on the Platform as soon as possible after the revised terms and conditions become effective. Please check this page periodically to ensure you understand the terms and conditions that apply at that time. By continuing to access and/or use the Platform after the revisions come into effect, you agree to be bound by the revised terms and conditions. We may also update and change the Platform and/or Competitions from time to time to, amongst other things, reflect changes to our offering, Platform, IT systems and/or our users’ needs and/or feedback.

17. Unauthorised use and expiry of your debit card

17.1 If you notify your nominated bank (or building society) that your debit card has been used without your permission in relation to a Competition, and your nominated bank (or building society) asks the Promoter to return the relevant amount to your nominated bank (or building society) account, the Promoter may suspend your account and ask you to contact the Promoter. The Promoter accepts no responsibility and will have no liability for any chargebacks.

17.2 If your debit card is due to expire, the Promoter will use reasonable efforts to return the funds in your account to your debit card before midnight on the day it expires. If it is not able to do so, the Promoter will use reasonable efforts to alert you of this and you should, in these circumstances, contact the Promoter to arrange another appropriate way for the Promoter to return the funds to you.

18. Payment Cancellations and Bank Chargebacks

18.1 If you dispute any payment made to us you shall contact us immediately to discuss repayment.

18.2 In the event that you submit an unjustified chargeback (being a credit card or debit card chargeback or cancellation of a cheque or submission of a cheque that is returned for any reason) then the following shall be due and payable by you within 7 days for each and every chargeback:

(a) the charges due and payable by you for any Competitions you entered in the period covered by the chargeback; and

(b) such chargeback costs as are levied upon us by your bank or credit card company; and

(c) in our discretion, our reasonable costs and losses incurred in recovering the above-mentioned fees and charges including debt recovery costs, legal fees and debt collection costs.

18.3 In the event of an unjustified chargeback in Clause 18.2 above, we reserve the right to terminate your account on our Platform.

19. Use of the Platform

19.1 You hereby agree that (a) the Platform and/or the Competitions are for your own personal, non-commercial use, and (b) you are only allowed to use your account and the Platform and/or enter Competitions as set out in these terms and conditions.

19.2 You also hereby agree that you will only use your account, enter Competitions and access and/or use the Platform in an appropriate and lawful manner. You will not:

(a) receive, access and/or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including, without limit, copyright) and/or otherwise objectionable and/or unlawful;

(b) knowingly and/or recklessly transmit any content (including, without limit, viruses) through the Platform and/or the Promoter’s software and IT systems which will cause, or be likely to cause, (i) detriment and/or harm, in any degree, to the Platform, the Promoter’s software and IT systems owned and/or operated by the Promoter and/or others, and/or (ii) loss of and/or damage to data;

(c) hack into, make excessive traffic demands on or cause any impairment of the functions of any computer system, deliver or forward chain letters, junk mail of any kind, surveys, contests, pyramid schemes or otherwise engage in any behaviour intended to prevent others from playing entering Competitions, and/or using the Platform and/or any other website, and/or which is otherwise likely to damage the reputation and/or business of the Promoter and/or of any third party; and/or

(d) authorise or allow anyone to do 19.2(a) – (c).

19.3 You hereby agree to indemnify the Promoter against any and/or all costs, losses, damages and expenses which the Promoter may suffer and/or incur arising out of and/or in relation to any claim, legal proceeding and/or demand made by any third party due to and/or arising out of your unlawful, wrongful and/or negligent access and/or use of your account, the Platform and/or the Promoter’s software and/or IT systems, and/or breach by you of these terms and conditions.

19.4 There is no guarantee that the Platform will display correctly on all devices it can be viewed on.

19.5 The Promoter is the owner or licensee of all the copyright, trademarks and other intellectual property rights in, to and in respect of the Competitions and any Entries to each Competition, and the Platform, and you will not acquire any rights in any of these.

19.6 Trademarks, service marks, logos, trade names, source identifiers and/or proprietary designations (‘Trademarks’) of the Promoter used on and/or in connection with the Platform and/or the Competitions are trademarks of the Promoter. Trademarks of third parties used on and/or in connection with the Platform and/or the Competition are used for identification purposes only and may be the property of their respective owners, and you will not acquire any rights in any of these.

19.7 You must not:

(a) copy, disclose, transmit and/or otherwise make available and/or remove or change any material available on the Platform;

(b) reverse engineer or decompile (whether in whole or in part) any software used in connection with the Platform and/or the provision of the Competitions (except to the extent expressly permitted by applicable law); and/or

(c) remove, obscure and/or change any copyright, trademark or other intellectual property right notices in any material obtained from the Platform and/or as a result of playing the Competitions.

19.8 You hereby agree that playing Competitions (as well accessing and/or using your account) whilst located in any jurisdiction other than Great Britain is strictly prohibited.

20. Discretion

The exercise by the Promoter of any discretion provided for in these terms and conditions will be final and binding.

21. General

21.1 If the Promoter fails and/or delays to enforce a provision of the terms and conditions, this failure and/or delay is not a waiver of the Promoter’s right to do so later on.

21.2 If any provision (or part of a provision) of these terms and conditions is decided by a court of competent jurisdiction to be void and/or unenforceable, that decision will only affect the particular provision (or part of the provision) and will not, in itself, make the other provisions void or unenforceable.

21.3 You may not assign or otherwise transfer (in whole or in part) your rights and/or obligations under these terms and conditions. Any breach of this rule 20.3 may result in the use of your account and/or the provision of the Competition and/or access to the Platform being suspended or terminated immediately by the Promoter. The Promoter may assign or otherwise their rights and/or obligations under these terms and conditions in whole or in part to any third party at its sole and absolute discretion and without your consent. The Promoter may also assign these terms and conditions in their entirety, without your consent, to its successor in interest in connection with a merger, reorganisation, or sale of all or substantially all assets or equity. These terms and conditions shall bind and inure to the Promoter’s benefit, its successors and permitted assigns.

21.4 These terms and conditions constitute the entire agreement between you and the Promoter regarding the subject matter of these terms conditions and supersede and replace any other prior and/or contemporaneous agreements, and/or terms and conditions applicable to the subject matter of these terms and conditions.

21.5 A person who is not a party to these terms and conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 (as amended or re-enacted from time to time, and any subordinate legislation made under that act) or otherwise to enforce any provision of these terms and conditions.

21.6 The Promoter will not be liable for any delay or failure to perform any obligation under these terms and conditions where the delay or failure results from any cause beyond its reasonable control, including acts of God, labour disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunication/network failures, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

21.7 The Platform may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference and convenience only. We do not control such websites and are not responsible for their content and/or the privacy or other practices of such websites. It is up to you to take precautions to ensure that whatever links they select and/or software you download from such websites are free of viruses. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites, association, sponsorship and/or partnership with their operators. You must not create a text hyperlink to the Platform without our prior written consent.

Promoter: Hydro Solutions Fylde Ltd t/a Elite Competitions,

Unit 6, 7 & 8 Turing Court
Hawking Place
Bispham
Blackpool
FY2 0QW

Email. info@elitecompetitions.co.uk

Phone. 01253 836633

Platform: https://www.elitecompetitions.co.uk