Competition - Terms and Conditions
Interpretation
The following definitions and rules of interpretation apply in these Conditions.
Definitions
“Business Day” means a day other than a Saturday, Sunday or public holiday in England, when banks in the City of London are open for business.
“Conditions” means these terms and conditions as amended from time to time.
“Entry Period” has the meaning given to it in section 3.2.
“Potential Winner” has the meaning given to it in section 5.1.
“Prohibited Persons” means any of the following:
any individual who has won a Prize in a Prize Draw in the immediately preceding eighteen (18) months (calculated from the last date of the Entry Period of the last Prize Draw that such individual won);
any employees, officers, and/or directors of the Promoter;
any employees, officers, and/or directors of the following;
third-parties involved in the administration of the Prize Draw, if applicable, identified in the Specific Prize Conditions; or
any contractor or other partner engaged by the Promoter under a contract which expressly prohibits the contractor/other partner from entering a Prize Draw,
(together the “Prize Draw Partners”)
the immediate family members (meaning spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and/or those living in the same household (whether or not related) as the employees, officers, and/or directors of the Promoter and the Prize Draw Partners.
“Promoter” means NARWHAL GROUP LIMITED a private limited company incorporated and registered in England and Wales with company registration number 13603579 and whose registered address is at 2 Marsh Road, Bristol, England BS3 2NA and which, for the purposes of these Conditions, is trading as SPOTDIF.
“Promoter Terms and Conditions” means the terms and conditions of the Promoter which can be found at https://nmg.group/terms-privacy/.
“Privacy Notice” means the privacy notice of the Promoter which can be found at https://nmg.group/terms-privacy/.
“Prize” has the meaning given to it in section 3.1.
“Specific Prize Conditions” has the meaning given to it in section 2.2.
“Winner” has the meaning given to it in section 5.1.
General
These Conditions are between you (the “Participant”, reference to which shall also be deemed to include any use of “your”, “yours”, “yourself”) and the Promoter and provide the terms and conditions that govern your access to, use of, and interactions with the promotional prize draws (“Prize Draws”) offered on https://spotdif.com/ (the “Website”) (the “Services”).
These Conditions provide the general terms and conditions applicable to every Prize Draw on the Website.
Please note that the Services are also governed by additional terms and conditions including the Promoter Terms and Conditions (which can be found at https://nmg.group/terms-privacy/) and the Specific Prize Conditions (which shall vary from time to time depending on the Prize being offered but which can be found at https://spotdif.com/). The Specific Prize Conditions provide extra information and requirements for each specific Prize Draw. If there is a conflict or inconsistency between these Conditions and the Specific Prize Conditions, the Specific Prize Conditions will prevail. Any reference to these Conditions with respect to any specific Prize Draw includes the applicable Specific Prize Conditions.
These Conditions, including the Specific Prize Conditions, form a binding contract between the Promoter and the Participant. Entry into any Prize Draw constitutes the Participant’s agreement to these Conditions and the Promoter’s decisions which are final and binding in all matters relating to the Website and all Prize Draws. If you do not agree to these Conditions, and the applicable Specific Prize Conditions, do not enter the Prize Draw(s).
Your use of the Services in any way signifies that you accept and agree to these Conditions, including any modifications that the Promoter makes from time to time. If you do not wish to be bound by these Conditions, you may not access or use the Services.
The Promoter may modify these Conditions at any time, in their sole discretion. To the extent permitted by law, all changes to these Conditions are effective immediately from the time at which the Promoter publishes them and will apply to all access and use of the Services thereafter. Your continued use of the Services following the publication of the revised Conditions shall be deemed to signify your acceptance of the changes. You are responsible for checking the Conditions regularly to ensure that you understand the Conditions that apply at the time of your accessing or using the Services.
The Services are offered for your personal, non-commercial use, and not for the use or benefit of any third-party. The Promoter may, in its sole discretion, change, modify, and/or refuse to offer some or all of the Services to any person and may also change the eligibility criteria at any time. Any right to access and use the Services is automatically revoked where these Conditions, or use of the Services, is prohibited or conflicts with any applicable law, rule, or regulation.
The Promoter reserves the right to withdraw, limit or otherwise modify the Services, in its sole discretion, without notice to the Participant. The Promoter will not be liable if, for any reason, all or any portion of the Services are unavailable at any time or for any period.
You are solely responsible for making all arrangements necessary for you to have access to the Services, including, but not limited to, securing an internet connection and paying for any telecommunications fees.
It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You may not use someone else’s name, or any name, location, other public profile information, or image that violates any third-party rights, is against any law or regulation, or that is offensive, obscene, or otherwise morally questionable. You agree to promptly notify the Promoter if any of your information changes or is inaccurate.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Promoter as a result of either the Conditions or the Services.
You hereby agree that the Promoter would be irreparably damaged if these Conditions were not specifically enforced and therefore you agree that the Promoter shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Conditions, in addition to such other remedies as the Promoter may otherwise have available to them under applicable laws.
A complaint should be made in accordance with the Promoter’s complaints policy which can be found at https://nmg.group/.
The Promoter reserves the right to cancel, suspend, and/or modify a Prize Draw, in whole or in part, due to any fraud, bugs, virus, technical failures, changes in the law, or any other factor beyond the Promoter’s reasonable control that impairs the integrity or proper functioning of a Prize Draw, as reasonably determined by the Promoter. The Promoter reserves the right, in its sole discretion and at any time, to conduct maintenance for the Website or its systems that may suspend or otherwise impact access to a Prize Draw.
The Participant is responsible for compensating the following persons in full for any losses or damage they suffer which is a foreseeable result of the Participant’s breach of these Conditions:
the Promoter;
all other Prize Draw Partners, and their respective parent, subsidiary, and affiliated companies, and any other person or organisation responsible for sponsoring, fulfilling, administering, advertising, or promoting a Prize Draw.
Loss or damage is foreseeable if it was an obvious consequence of the Participant’s breach or if it was contemplated at the time that Participant entered the relevant Prize Draw.
Eligibility for Prize Draws
The Participant release the Prize Draw Partners, and any advertising or social media platform used in connection with the promotion of any Prize Draw from all liability, loss or damage, or expense arising out of or in connection with participation in any Prize Draw or the acceptable, use, or misuse of any Prizes.
Potential winners of a Prize Draw (a “Potential Winner”) will be selected using a verifiably random process from among all eligible entries received during the applicable month. One winner will be selected per month. The drawing will occur on or after the end of the monthly Entry Period or as specified in the applicable Specific Prize Conditions. The selected winning entry will be announced on the Website following the drawing, with the identity of the winner announced following the completion of all identification and verification processes in accordance with these Conditions. Once a Potential Winner is confirmed, a prize will be randomly selected for them from a predefined list of available prizes using a verifiable random selection process.
Potential Winners will be contacted using the email address used to enter the Prize Draw and may be awarded the Prize subject to confirmation of verification of eligibility and compliance with the terms of these Conditions, including the applicable Specific Prize Conditions. Potential Winners must respond to be Potential Winner notification email, within ninety-six (96) hours of its being sent (or the timeframe indicated in the Potential Winner notification email, if longer than ninety-six (96) hours). If a Potential Winner fails to respond to the notification email within the stated timeframe, then that Potential Winner may be disqualified and will forfeit any claim to any Prize. After sending the Potential Winner notification email, to the extent a phone number has been provided, the Promoter reserves the right to also contact the Potential Winner via phone as well.
A Potential Winner will only be confirmed as the winner eligible to receive the Prize after the Promoter has completed verification of the Potential Winner’s eligibility to win and confirmed the Potential Winner’s compliance with these Conditions, including the applicable Specific Prize Conditions. The Potential Winner must be willing and able to claim and/or accept the Prize in full in the period specified in by the Promoter. Potential Winners are subject to confirmation and verification by the Promoter, by whatever reasonable means required by the Promoter. To be confirmed and verified as eligible to win, a Potential Winner and the Potential Winner’s guest(s), if applicable, must comply with these Conditions, including the Specific Prize Conditions. The Promoter’s decisions are final and binding in all matters related to the administration, operating, drawing, verification of the Winner, and all issues related to the Prize Draws.
To receive the Prize, and as part of the Winner confirmation and verification process, the Potential Winner (and any guests of the Potential Winner, to the extent that a Prize includes participation by one or more guests) must accurately complete and promptly return any legal releases or documentation (for instance, if the Prize involves attendance at an event and/or travel, health and safety forms, including any vaccination attestations, including, providing proof of the same in a format determined by the Promoter’s reasonable discretion) reasonably required by the Promoter or the provider of the Prize (where permitted by law) and/or any other document necessary to confirm and verify a Potential Winner’s eligibility and ability to participate on given dates relevant to the Prize Draw (if applicable) (collectively the “Winner Documentation”). The Potential Winner must fully and accurately complete the Winner Documentation and return all such documentation by the reasonable date specified by the Promoter, or the Potential Winner may be disqualified and will forfeit any claim to the Prize.
Except where legally prohibited, the Promoter reserves the right to conduct background screenings or security checks, at its discretion, on a Potential Winner and any Potential Winner guests, where applicable and the Potential Winner agrees to sign any necessary documentation required for such checks. This will always be done in accordance with the Promoter’s Privacy Notice. The Promoter reserves the right to disqualify any Potential Winner and any Potential Winner’s guest(s) based on the results of such background check (or the background check of the Potential Winner’s guest(s), if applicable), if the Promoter reasonably determines that awarding the Prize to such Potential Winner and/or a Potential Winner guest(s) would either contravene any relevant law or regulation or be likely to put the Promoter, any of the other Prize Draw Partners, or any third-party in danger. Unless legally required, the Promoter is not obligated to clarify, confirm, or share any specific results of a background screening or security check with any Potential Winner or Potential Winner’s guest(s), whether the background screening or security check results in disqualification or not. When requested, the Potential Winner and Potential Winner’s guest(s), if applicable, must provide authorisation and/or complete any forms reasonably needed to facilitate such a background screening or security check. If a Potential Winner and/or Potential Winner’s guest(s) fails to sign and return the required documentation within the period specified by the Promoter, the Potential Winner and/or the Potential Winner’s guest(s) may be disqualified and will forfeit any claim to any Prize. Except for Prize Draws in which the Winner and/or Winner’s guest(s) qualifications, requirements or restrictions may be stated in the Specific Prize Conditions (for example, any residency or citizenship requirements, age requirements or health requirement), Potential Winners and Potential Winners guests will not be disqualified based on race, religion or belief, gender reassignment, sex, sexual orientation, marital status, or pregnancy and maternity, or any other protected characteristics.
A Participant, Potential Winner and/or Winner may be ineligible to receive the Prize and/or disqualified for the following reasons:
failures to meet all of the eligibility requirements stated in these Conditions;
failures to aide by these Conditions (including the applicable Specific Prize Conditions), the Privacy Notice;
failure to provide a valid email address at the time of entry;
failure to respond to the Potential Winner notification email within the time specified in these Conditions;
the Promoter, having made all reasonable attempts to do so, is unable to contact the Potential Winner within ninety-six (96) hours of the relevant drawing of the Potential Winner for the Prize Draw;
the Promoter is unable to verify the identity and verification of the Potential Winner for the Prize Draw;
failure to complete the Winner Documentation and/or background screening and/or security check in a timely manner;
failure to pass the background screening and/or security check to the Promoter’s reasonable satisfaction;
the provision of false, incomplete and/or misleading information to the Promoter or any of the other Prize Draw Partners;
the commission of any fraud or deception in connection with any Prize Draws, use of the Website, and/or relationship with the Promoter;
acting in a threatening, abusive, or harassing manner, at any time before or during the awarding of the Prize, to the Promoter and/or any of its personnel;
inability to timely accept the Prize for any reason, including, but not limited to, inability to travel to the location where the Prize is being fulfilled and/or delivered, and/or injury of death; and
the inability of the Promoter to timely award or otherwise fulfil the Prize due to circumstances beyond the Promoter’s reasonable control, including, but not limited to, legal restrictions, acts of God, natural disasters, pandemics/epidemics, terrorism, and/or weather.
If a Potential Winner is determined to be ineligible and/or disqualified for any reason, an alternate Potential Winner will be selected using a verifiably random process from among all remaining eligible entries. This process will be repeated until the Prize is awarded. Any alternate Potential Winner will be notified as per the procedures outlined in these Conditions.
Subject to any restrictions expressly stated in these Conditions, Winners will receive one of the prizes randomly selected from a predefined list of available prizes. The specifics of all elements of all Prizes (including important information about timing for fulfilment of Prizes, travel options and requirements, guests etc.) shall be solely determined by the Promoter and set out in the Specific Prize Conditions. The Promoter reserves the right to substitute any prize with an alternative item of comparable or greater value at its sole discretion.
Unless explicitly stated otherwise, all Prizes are awarded as is, without any representations or warranties (other than those which cannot be excluded by applicable law), and cannot be transferred, sold, substituted, or redeemed for cash by a Participant. The Promoter reserves the right, in the Promoter’s sole discretion, to substitute any Prize with an alternative item of comparable or greater value or cash.
Unless expressly stated otherwise in the Specific Prize Conditions, Winners are solely responsible for any and all applicable taxes, fees and expenses related to acceptable, ownership and use of a Prize. Once Prizes have been provided to the Winner, the Promoter will not replace any lost or stolen Prize or components of a Prize. Prizes cannot be used in conjunction with any other promotion or offer. Only the number of Prizes stated in the Specific Prize Conditions are available to be won in a Prize Draw.
All Winners are entitled, at their discretion, to decline to accept some or all of the Prize at any time up to the date on which they are announced as the Winner, and, in such instances, will be deemed to have forfeited the Prize. If at any time and for any reason a Winner chooses to reject the Prize, or fails to accept delivery of the Prize within a reasonable period, Winner will not be entitled to any alternative Prize, in whole or in part, or any other compensation of any kind, and the Promoter shall have no obligation to award the rejected or unclaimed portion of any Prize to an alternative winner.
Certain types of Prizes may have other restrictions or limitations, including without limitation that, unless otherwise specified in the applicable Specific Prize Conditions, prize Draws are not sponsored, endorsed, approved, or affiliated with the manufacturer of the Prize being awarded. Prize manufacturer names and logos are the trademarks and property of the manufacturer of the Prize. Actual Prize to be awarded may not be identical to those depicted which are intended to be only representative;
Publicity
The Promoter reserves the right to publish or make available information that indicates that a valid award took place for each of the Prize Draws. Affected Winners have the right to object to all or part of this information being published or made available – in such event they should inform the Promoter in writing.
The Promoter will also require that Winners participate in any reasonable publicity required by the Promoter.
Privacy Notice
The Promoter collects, uses and discloses information from or about the Participant as described in the Promotor’s Privacy Notice.
Limitation of Liability
Nothing in these Conditions limits or excludes any liability which cannot legally be limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation or alters the Participant’s rights as a consumer that cannot be excluded under applicable law.
The Promoter, its affiliates, directors, officers, employees, workers, agents and/or subcontractors are not liable under or in relation to these Conditions including, but not limited to, liability in contract, tort (including negligence, misrepresentation), breach of statutory duty, restitution or otherwise for any of the following arising out of or in connection with the use of the Services including: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill and (vii) indirect or consequential loss.
The Promoter’s total liability to a Participant, arising out of these Conditions or their subject matter, or in connection with the provision to the Participant of Services, in contract, tort (including negligence, misrepresentation), breach of statutory duty, restitution or otherwise, shall not exceed five hundred pounds (GBP) (£500.00).
Any cause of action or claim a Participant may have arising out of or relating to these Conditions or the Services must be commenced within one (1) year after the cause of action or claim arises, otherwise, such cause of action or claim is permanently barred.
The Promoter, and its affiliate entities, are not liable for business losses. The Services are provided only for private use. If the Participant uses the Services for any commercial or business purpose, the Promoter will have no liability to the Participant for any loss of profit, loss of business, loss of revenue, business interruption, or loss of business opportunity (whether or not such loss could be reasonably expected to flow from the Promoter’s negligence or breach of these Conditions).
Dispute Resolution Process
In the event of a dispute, the Participant must raise a complaint using the contact details in [LINK]. In the unlikely event that the Promoter cannot resolve the dispute, they will work with the Participant to discuss a way forward to resolve the dispute, which may include mediation. The Promoter’s right to refer the dispute to a court is expressly reserved. The Promoter does not commit to using an online dispute resolution platform to resolve consumer disputes.
Assignment
The Promoter may assign these Conditions, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Conditions without the Promoter’s prior written consent and any unauthorised assignment by you shall be null and void ab initio.
Notices
All notices given by you or required under these Conditions to be given by you shall be in writing and addressed to the Promoter.
Force Majeure
The Promoter shall not be liable for any failure or delay in performance under these Conditions as a result of causes beyond the Promoter’s reasonable control and not caused by fault, negligence (including but not limited to “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labour problems, computer attacks or malicious acts such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility) of the Promoter
Waiver and Severability
The Promoter’s failure to enforce any provision of these Conditions shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each such provision thereafter. The express waiver by the Promoter of any provision, condition, or requirement of these Conditions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any of the provisions of these Conditions is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intention of the parties, and the remaining provisions shall remain in full force and effect
Entire Agreement
These Conditions, including the Promoter Terms and Conditions, Privacy Notice, and Specific Prize Conditions, as well as any other documents, rules, or policies expressly incorporated by reference in these Conditions, constitutes the entire agreement between you and the Promoter with respect to the Services and shall supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Governing Law and Jurisdiction
These Conditions shall be exclusively governed by and construed in accordance with the laws of England. If the Participant lives in England or Wales, they may bring legal proceedings in respect of the Services in the English courts. If the Participant lives outside of England and Wales, they may bring legal proceedings in respect of the Services in only the English courts.