ACE HIGH COMPETITIONS

TERMS AND CONDITIONS

DECEMBER 2020

  1. DESCRIPTION OF THE COMPETITIONS

1.1       Ace High Competitions (hereinafter referred to as the “Promoter”) operates various competitions on the website www.acehighcompetitions.com (hereinafter referred to as the “Website”) resulting in the allocation of prizes (hereinafter referred to individually and collectively as the “Prize” or “Prizes” respectively) in accordance with these terms and conditions. Such competitions are hereinafter referred to individually and collectively as the “Competition” or “Competitions” respectively.

1.2       These terms and conditions and any subsequent amendment thereto (hereinafter referred to as the “Terms and Conditions”) apply to all Competitions held by the Promoter.

1.3       The definition of terms in the singular herein shall also apply to such terms when used in the plural and vice versa.

1.4       All Competitions held by the Promoter are deemed to be skill-based Competitions requiring entrants to exercise thought, knowledge and/or skill to correctly answer the question(s) posed by the Promoter (hereinafter referred to as the “Competition Question”) and provide the correct answer as defined by the Promoter at its sole discretion for the purposes of the Competition (hereinafter referred to as the “Correct Answer”).

1.5       Competitions are open to persons aged 16 or over who are resident anywhere in the world. Employees of the Promoter or any person connected with the Promoter (through family, professional or commercial association) are expressly prohibited from participating in Competitions held by the Promoter.

1.6       In order to enter a Competition, it is necessary to register an account on the Website (hereinafter referred to as the “Account”) providing personal details including a telephone number and email address. Any person who registers an Account on the Website shall be hereinafter referred to as a “User” or “you”.

1.7       Any person who enters any Competition held by the Promoter by any valid means (via either a paid entry or the free entry route) shall be hereinafter referred to as an “Entrant”.

1.8       Any Competition entry containing the Correct Answer, whether made via a paid entry or the free entry route, shall be hereinafter referred to as an “Entry”.

1.9       An entry fee is payable by the Entrant for each paid Competition Entry (hereinafter referred to as the “Entry Fee”).

1.10    Each paid Entry to a Competition shall be hereinafter referred to as a “Paid Entry”.

1.11    There is a free entry route available (hereinafter referred to as a “Free Entry”), details of which are set out at Clause 11 below. The availability of a Free Entry route to enter each Competition means that the Competition does not fall within the definition of a lottery under the Gambling Act 2005 and as such can be operated legally in the United Kingdom without a licence being required.

1.12    The Promoter reserves the right to close a User’s Account at any time if it deems that such User is abusing the service or being abusive to other Users, or that it is not genuinely the identified User who is entering.

1.13    The Promoter reserves the right to refuse any Entry at the Promoter’s entire discretion.

1.14    Competitions shall run from and until the opening and closing dates specified on the Website for each Competition. These dates shall be hereinafter referred to as the “Opening Date” and “Closing Date” respectively. All times and dates referred to on the Website and/or in any of the Promoter’s related promotional material are the times and dates in London, England.

  1. LEGAL UNDERTAKINGS

2.1       By entering a Competition the Entrant shall be deemed to have legal capacity to do so, to have read, understood and accepted these Terms and Conditions and agreed to be bound by them and by any other requirements set out in any of the Promoter’s related contractual or promotional material as the case may be.

2.2       These Terms and Conditions shall be governed by Northern Irish law and the parties submit to the exclusive jurisdiction of the courts of Northern Ireland. 

2.3       Any Entrant who enters a Competition hereby confirms that it is not breaching any laws in its country of residence regarding the legality of entering such Competition. The Promoter shall not be held responsible for any Entrant entering any of its Competitions unlawfully. If in any doubt, the Entrant should immediately leave the Website and check with the relevant authorities in its country of residence.

  1. COMPETITION ENTRY

3.1       Competitions may be entered via the Website (Paid Entries) or by post (Free Entries). Multiple Competitions may be operated simultaneously by the Promoter and each Competition shall have a specific Prize or Prizes.

3.2       Availability and pricing of Competitions is at the discretion of the Promoter and shall be specified at the point of sale on the Website. There is no requirement to pay to enter any Competition as each Competition has a Free Entry route available (see Clause 11 below for further details on Free Entries).

3.3       When playing a Competition via the Website (Paid Entries), an Entrant must follow the on-screen instructions to:

a) select the Competition it wishes to enter;

b) provide its answer to the Competition Question;

c) tick the declaration confirming it has read, understood and accepted these Terms and Conditions; and

d) provide its payment details and complete its Entry.

When the Entrant’s payment has been cleared, the Promoter shall contact the Entrant by email to confirm whether its Entry has been successful and, if so, provide the Entrant with its ticket number (hereinafter referred to as the “Ticket”). An Entrant shall not be deemed entered into a Competition until the Promoter has confirmed the Entry; such confirmation shall be visible in the Entrant’s Account.

3.4       Only completed Entries containing the Correct Answer shall be entered into the Competition. Failure to answer any question correctly shall still result in payment of the Entry Fee by the Entrant in the case of a Paid Entry.

3.5       The Promoter reserves the right to refuse or disqualify any Entry if it has reasonable grounds to believe that an Entrant has breached any of these Terms and Conditions.

3.6       An Entrant can submit up to a total of twenty-five (25) Paid Entries to a given Competition.

3.7       The maximum number of total Entries to a Competition shall be stated on the Website. The number of Paid Entries any Entrant can make may be limited to fewer than twenty-five (25) if the maximum number of Entries has been reached.

3.8       Each Competition closes on the earliest of (i) the Closing Date and (ii) the date on which the last Ticket has been allocated; no more Entries shall be accepted after this point.

3.9       All Entries to a Competition are final and no refunds shall be issued at any time or for any reason, except in the event that the Promoter cancels the Competition. Entrants are considered solely responsible for any loss of their Entry Fee, regardless of the circumstances, where such Entry Fee has been paid and it subsequently transpires for whatsoever reason that the Entry is unsuccessful, void or has subsequently been voided including, but not limited to, in the following events:

  • if, having submitted an Entry to a Competition, the Entrant is subsequently deemed not eligible, or learns that it is not eligible, to enter the Competition or to be awarded any Prize;
  • if the Entrant is disqualified from the Competition by the Promoter for any reason at any time whether before or after the conclusion of the Competition or before or after the award of any Prize.

3.10    The Promoter reserves the right to hold void, suspend, cancel or amend a Competition where it becomes necessary to do so.

  1. COMPETITION JUDGEMENT

4.1       Google’s Random Number Generator shall determine the winner of each Competition (hereinafter referred to as the “Winner”) by generating the winning Ticket number. The result shall be live streamed on Facebook (or any other such live streamed internet channel as chosen by the Promoter).

4.2       Due to the nature of the selection, there shall only be one Winner per Competition, unless otherwise stated by the Promoter.

4.3       The Promoter shall attempt to contact Winners using the telephone number and email address provided at the time of Account registration (or as subsequently updated by the User) and held securely in the Promoter’s database. It is the User’s responsibility to ensure that these details are accurate, up-to-date and complete. If for any reason these details are inputted, submitted and/or recorded incorrectly by the User in any way, or are out-of-date, the Promoter shall not be held responsible for any consequences of whatsoever nature or howsoever arising.

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

4.5       In the event that the Promoter closes a Competition prior to the Closing Date, the Winner shall be selected from all valid and eligible Entries received by the Promoter prior to such time.

4.6       Users who specifically consent to marketing communications shall be entered into the Promoter’s database.

4.7       The Promoter reserves the right to extend the Closing Date of any Competition at its sole discretion and up to a maximum of four (4) times. If a Competition is not sold out after the fourth (4th) extension, then the Winner shall be selected in the usual manner and shall receive seventy per cent (70%) of the total value of Paid Entries to the Competition.

  1. USERS’ PERSONAL INFORMATION

5.1       These Terms and Conditions are governed by the Promoter’s Privacy and Cookies Policy which is available on the Website.

5.2       By entering a Competition, Entrants agree that their order reference number, name and Ticket number(s) shall be displayed on the Promoter’s social media platforms and on its Website.

5.3       The Winner shall be required to show proof of identification upon collection of the Prize. Any failure to meet this requirement shall result in the Winner being disqualified and the Promoter retaining the Prize. The following forms of identification shall be accepted: (i) a valid passport, (ii) a valid driving licence or (iii) a valid utility bill or bank statement. In the event that the Prize is a vehicle, a valid driving licence belonging to the person who shall drive it away from the Promoter’s premises shall need to be produced. Proof of identification may be retained by the Promoter but will not be divulged in any way.

5.4       All Winners shall be asked by the Promoter to provide photographs and/or to pose for photographs and/or videos and to consent to have such photos and/ór videos and their personal details (including details of any Prize won by them) included in marketing material of the Promoter relating to its Competitions and identifying them as a Winner of a Competition.

5.5       For the purposes of complying with its obligation to provide information that a valid Competition has taken place and that a Prize has been awarded, the Promoter shall provide the surname and county of residence of major Prize Winners to anyone who writes to contacts the Promoter by email at win@acehighcompetitions.com or by post to Ace High Competitions, [PO Box [x]] (enclosing a stamped, self-addressed envelope) within one month of the Closing Date of the Competition in question.

5.6       If an Entrant objects to its surname and county being published or otherwise made available, it should contact the Promoter by email at win@acehighcompetitions.com or by post to Ace High Competitions, [PO Box [x]] prior to the Closing Date.

5.7       Notwithstanding the provisions of Clause 5.6 above, the Promoter remains obligated to provide the information outlined in Clause 5.5 above to the Advertising Standards Authority upon request.

  1. COMPETITION PRIZES

6.1       The Prizes are determined and selected by the Promoter. Details of each Prize can be found on the relevant Competition page on the Website. The Prizes are not accompanied by any insurance of any nature and the Promoter assumes no responsibility whatsoever for a Prize once it has been collected by the Winner.

6.2       All expenses incurred by the Winner in relation to the collection of the Prize shall be borne exclusively by the Winner.

6.3       The Winner hereby agrees that all Prizes are subject to and governed by the terms and conditions of the Promoter, Prize providers, manufacturers and/or suppliers and/or anyone involved in the provision or award of the Prize to the Winner.

6.4       Each Prize must be accepted as awarded, is not transferable or convertible 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.

6.5       There is no cash alternative for the Prize and the Prize is not negotiable.

  1. STORAGE

7.1       If required, the Promoter can store the chosen Prize free of charge for up to thirty (30) days after notification of the Winner by the Promoter. If the Prize needs to be stored by the Promoter for more than thirty (30) days, all costs incurred by the additional storage time shall be borne exclusively by the Winner and must be paid by the Winner to the Promoter before the Prize may be collected.

  1. LIMITS OF LIABILITY

8.1       The Promoter makes or gives no representations, warranties or assurances of whatsoever nature and howsoever arising (whether in writing or otherwise) as to the quality, suitability or fitness for any particular purpose of any of the goods or services advertised, offered or provided as Prizes. The Promoter shall not be liable for any loss incurred by any person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission by the Promoter, or anyone acting on its behalf, in connection with the arrangement for the supply of any goods by any person to the Winner and, where applicable, to any persons accompanying the Winner, or in connection with any of the Competitions promoted by the Promoter.

8.2       The total maximum aggregate liability of the Promoter to the Winner of a Competition shall be limited to the total value of the Prize won by such Winner in such Competition.

8.3       The total maximum aggregate liability of the Promoter to an Entrant (who is not a Winner) shall be limited to the amount paid by such Entrant to enter the Competition in question.

8.4       Nothing in these Terms and Conditions shall prevent an Entrant from making any claim to the extent that it is exercising its statutory rights.

  1. ELECTRONIC COMMUNICATIONS

9.1       No responsibility shall be accepted by the Promoter for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunction, failure, connection or availability, for the acts or omissions of any service provider, for internet accessibility, availability or traffic congestion, or for any unauthorised human act, including any errors or mistakes.

9.2       The Promoter shall use its reasonable best endeavours to award the Prize for a Competition to the correct Entrant.

9.3       If, due to reasons of hardware, software or other computer related malfunction, or due to human error, the Prize is awarded incorrectly, the Promoter shall not be held liable and reserves the right to reclaim the Prize and award it to the correct Entrant, at its sole discretion. The Promoter shall not be held liable for any economic and/or other loss incurred by any person to whom an award has been incorrectly made.

9.4       The Promoter shall use its reasonable best endeavours to ensure that the software and Website(s) used to operate its Competitions perform correctly and accurately across recent versions of popular internet, tablet and mobile browsers. For the avoidance of doubt, only the Ticket recorded in the Promoter’s systems, howsoever displayed, 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.

  1. DATA PROTECTION NOTICE

Any personal information provided by a User to the Promoter or which a User has authorised the Promoter to obtain from a third party (for example, a credit card company) shall be used by the Promoter to administer the Competition and fulfil Prizes where applicable. In order to process, record and use a User’s personal information the Promoter may disclose it to (i) any credit card company whose name has been provided by the User; (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 the User; (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. In order to process, use, record and disclose the User’s personal information the Promoter may need to transfer such information outside the United Kingdom, in which event the Promoter is responsible for ensuring that such personal information continues to be adequately protected during the course of such transfer.

For further information regarding the privacy of your personal information please consult our Privacy and Cookies Policy.

  1. FREE ENTRIES

11.1    To enter any Competition for free, it is necessary to (i) create an Account, (ii) print and complete the Free Entry form downloadable via the Website and (iii) send it to Ace High Competitions, [PO Box [x]]. First or second-class postage must be paid. Free Entries are limited to one Entry per Entrant.

11.2    Free Entries shall be treated in exactly the same way as Paid Entries and all Entries containing the Correct Answer shall have an equal chance of winning a Prize.

11.3    Free Entries must be received by the Promoter at least forty-eight (48) hours prior to the Closing Date. Any Free Entries received after such time shall not be accepted.

11.4    The Promoter is under no obligation to confirm whether or not a Free Entry was received forty-eight (48) hours prior to the Closing Date or whether the Entrant’s answer to the Competition Question was correct.

11.5    A Free Entry shall not be deemed entered into a Competition until the Promoter has confirmed the Entry; such confirmation shall be visible in the Entrant’s Account.

11.6    Any Free Entries received after the maximum number of entries for the Competition has been reached shall not be accepted.

11.7    All Free Entries must be submitted in the English language. Entries in languages other than English shall automatically be disqualified.

11.8    The Promoter shall not accept any responsibility for Free Entries that are incomplete, lost or delayed regardless of cause, including, for example, as a result of any postal delays, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.

  1. VALIDATION

12.1    The Promoter hereby reserves the right not to award a Prize until it is satisfied that (a) the Winner has a valid Account and is not in breach of these Terms and Conditions, (b) any and all amounts due or owing by the Winner to the Promoter have been paid in full, (c) the identity of the Winner and its entitlement to receive the Prize have been established to the Promoter’s satisfaction (in particular, the Promoter reserves the right to request documentary proof of identity as specified in Clause 5.3), and (d) as the case may be, proof of age has been provided.

12.2    The Promoter reserves the right not to award a Prize if it reasonably suspects the occurrence of fraud in relation to a Competition.

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

  1. USER ACCOUNTS

13.1    You must keep your Account password secure 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 may be understood by someone else, (c) destroy any communication from the Promoter in relation to your password as soon as you have read it, (d) avoid using a password that is easy to guess, (e) ensure that no-one else uses your Account while you and/or your devices are logged on to the Website and (f) log off or exit your Account when not using it.

13.2    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 that someone else knows your password.

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

13.4    The Promoter shall not be held liable for any or all consequences arising out of or relating to any breach by the User of this Clause 13. Furthermore, the Promoter shall in no event be held liable for any actions or inactions taken by you or consequences incurred by you as a result of using or in connection with the Website.

  1. AMENDMENTS

The Promoter may amend these Terms and Conditions from time to time and shall post the most current version on the Website as soon as possible after they come into effect. Please check this page periodically to ensure you understand the terms and conditions that apply at any given time. By continuing to access and/or use the Website after the amendments come into effect, you agree to be bound by such amended terms and conditions. The Promoter may also update and change the Website or Competitions from time to time to reflect, among others, changes to the Promoter’s offering, Website or  IT systems and/or User needs or feedback.

  1. UNAUTHORISED USE OF YOUR PAYMENT CARD

If you notify your nominated bank (or building society) that your payment 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 it, the Promoter may suspend your Account. The Promoter accepts no responsibility for any chargebacks in such event.

  1. USE OF THE WEBSITE

16.1    You hereby agree that (a) you shall only use the Website and the Competitions for your own personal, non-commercial use, and (b) you shall only use your Account and the Website in compliance with these Terms and Conditions.

16.2    You also hereby agree that you shall only use your Account, enter Competitions and access and/or use the Website in an appropriate and lawful manner. In particular you shall not (a) receive, access or transmit any content which is obscene, pornographic, threatening, racist, sexist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights (including, but not limited to, copyright), otherwise objectionable or unlawful, (b) knowingly or recklessly transmit any content (including but not limited to viruses) through the Website and/or the Promoter’s software or IT systems which could cause (i) detriment of any nature and in any degree, to the Website, the Promoter’s software or IT systems owned or operated by the Promoter and/or third parties, 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 entering Competitions or using the Website or any other website, or which is otherwise likely to damage the reputation or business of the Promoter or of any third party, or (d) authorise or allow anyone to do any of  16.2(a) – (c).

16.3    You hereby agree to indemnify the Promoter against all and any costs, losses, damages and expenses suffered or incurred by the Promoter as a result of and/or in relation to any legal proceeding or claim made by any third party due to or arising out of your unlawful, wrongful or negligent access to or use of your Account, the Website, the Promoter’s software or IT systems, and/or any breach by you of these Terms and Conditions.

16.4    There is no guarantee that the Website shall display correctly on all types or versions of devices.

16.5    The Promoter is the owner or licensee of all copyright, trademarks and other intellectual property rights arising under the Competitions and the Website, and you shall not acquire any rights in any of these.

16.6    All trademarks, service marks, logos, trade names, source identifiers and/or proprietary designations of the Promoter used on and/or in connection with the Website or the Competitions are trademarks of the Promoter. Third party trademarks used on and/or in connection with the Website or the Competition are used for identification purposes only and are the property of their respective owners.

16.7    You must not (a) copy, disclose, transmit or otherwise make available, remove or change any material available on the Website, (b) reverse engineer or decompile (whether in whole or in part) any software used in connection with the Website and/or the provision of the Competitions and/or (c) remove, obscure or change any copyright, trademark or other intellectual property right notices in any material contained on the Website and/or relating to a Competition Entry.

16.8    The Website may contain hyperlinks to third party websites. Such hyperlinks are provided for your reference and convenience only. The Promoter does not control such websites and is not responsible for their content, availability or performance and/or for the privacy or other practices of such websites. The inclusion by the Promoter of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association, sponsorship and/or partnership with their operators. You must not create a text hyperlink to the Website without the prior written consent of the Promoter.

  1. DISCRETION

The exercise by the Promoter of any discretion provided for in these Terms and Conditions shall be final and binding.

  1. GENERAL PROVISIONS

18.1    In the event that the Promoter fails and/or delays to enforce a provision of these Terms and Conditions, such failure and/or delay shall not be deemed a waiver of the Promoter’s right to do so at a later stage.

18.2    The Promoter shall not be held liable for any delay or failure to perform any obligation under these Terms and Conditions where such 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.

18.3    If any provision (or part of a provision) of these Terms and Conditions is decided by a court of the competent jurisdiction to be void and/or unenforceable, such decision shall only affect the provision (or part of the provision) in question and shall not, in itself, make any other provisions void or unenforceable.

18.4    You may not assign or otherwise transfer (in whole or in part) any of your rights and/or obligations arising under these Terms and Conditions. Any breach of this Clause 18.4 may result in the use of your Account and/or your access to the Competition or to the Website being suspended or terminated immediately by the Promoter. The Promoter may assign or otherwise transfer your  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 under a merger, reorganisation or sale of all or substantially all of its assets or equity. These Terms and Conditions shall be binding upon the successors and permitted assignees of the Promoter for the benefit of the Promoter.

18.5    These Terms and Conditions constitute the entire agreement between you and the Promoter regarding their subject matter 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.

18.6    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) or any subordinate legislation made under such Act or otherwise to enforce any provision of these Terms and Conditions.

Ace High Competitions

[PO BOX…….]

Email. win@acehighcompetitions.com

Phone. 07561172459

Website: https://www.acehighcompetitions.com

 

You are strongly advised to print a copy of these Terms and Conditions to keep for your records.