21/11/2024

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Stoked Comps Competition Terms and Conditions

Definitions

Working Day:     means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

 

1. The Promoter

The promoter is: Stoked Comps Limited (Company Number 16025658) of registered office 21/22 Southerhay East, Exeter, Devon, EX1 1QQ trading as ‘Stoked Comps’.

2. The Competitions
   • 2.1 The Promoter operates skills-based competitions / question(s) resulting in the allocation of prizes in accordance with these terms and condition on the website stokedcomps.co.uk.
3. How to Enter
   • 3.1 The Promoter will operate all competitions from its website and associated social media accounts.
   • 3.2 The Promoter reserves its position to operate multiple competitions contemporaneously and / or over different time periods.
   • 3.3 The Promoter shall have absolute discretion to determine:
     • (a) your ability to enter a / any competition;
     • (b) the availability of opportunities to enter competition(s); and
     • (c) the terms with which you must comply in order to enter a / any competition;
     • (d) the pricing of each competition;
     • (e) the period of time over which each competition is available for entry.
   • 3.4 You will be required to create an online account with the Promoter in order to be eligible to enter a competition irrespective of the method of entry, and you will also be required to provide contact information (to include (but without limitation) address, telephone number and email address) and payment details. It will be your responsibility to ensure that the contact information on your online account is kept up to date – the Promoter shall not be responsible for any prize or consequential loss(es) arising from the Promoter not being able to deliver a prize and / or your not being able to accept a prize as a result of a failure on your part to keep contact information on your account up to date.
   • 3.5 Subject to the remaining provisions of these terms and conditions, all competition entries must be received by the Promoter in accordance with these terms and conditions by no later than the stated time on the closing date of the competition entered. All competition entries received after the stated time on the closing date are automatically disqualified.
   • 3.6 The Promoter reserves the right to:
     • (a) set a maximum number of entries, such that when the last available entry is received, the competition may be closed by the Promoter and no further entries will be accepted;
     • (b) save where a competition is expressed to be a ‘guaranteed draw date’ competition, extend the period over which entries may be received in the event that the competition does not achieve:
       • (i) the required minimum number of entries for the competition (such to be determined at the sole discretion of the Promoter) prize to be allocated; and / or
       • (ii) any technical or other reason of which the Promoter is aware has precluded entries from being received or accepted for any reason; and / or
       • (iii) any other circumstances outside of the control of the Promoter that expectedly results in a prize being unavailable or withdrawn, and where the Promoter requires additional time to secure an alternative prize option

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• (c) close a competition earlier than any specified ‘guaranteed draw date’ in circumstances where the maximum number of entries has been reached.
• (d) close a competition if it does not sell the full available number of entries by any specified ‘guaranteed draw date’ – in such circumstances the prize will be allocated on the guaranteed draw date irrespective of the number of entries received.

• 3.7 To enter the competition you may:
  • (a) enter the competition online by creating an online account and submitting the online entry form, completing the skill-based question correctly, and making payment by deadline specified for the competition; and / or
  • (b) enter the competition by creating an online account and sending a postcard (for the avoidance of doubt there is no specified format for a postcard and no postcard is provided by the Promoter) by First Class or Second Class post to:

Stoked Comps Limited

21/22 Southernhay East, Exeter, Devon, EX1 1QQ

• 3.8 Entries submitted pursuant to clause 3.7(b) of these terms and conditions:
  • (a) must arrive by the third Working Days prior to the closing date for the competition being entered in order to enable the Promoter to be able to process the entry – entries received later will be invalid;
  • (b) must contain the following information (and the omission of any part of the required information will invalidate the entry):
    • (i) Full Name;
    • (ii) Address;
    • (iii) Email Address;
    • (iv) Date of Birth;
    • (v) Contact Telephone Number;
    • (vi) The name of the competition (as appears precisely on the website of the Promoter);
    • (vii) The name of the prize (as appears precisely on the website of the Promoter);
    • (viii) The correct answer for the skill-based question required for the competition that is being entered;
  • (c) shall be limited to one entry per person in any one competition;
  • (d) shall be allocated a random entry on receipt and once processed (save where prior to being able to be processed the competition reaches the maximum number of entries submitted in accordance with clause 3.7(a) of these terms and conditions) the entry will be confirmed by email to the email address provided.
• 3.9 The Promoter reserves the right to restrict the number of entries an individual may enter a specified competition, and where such a restriction is to apply, this information will be stated clearly on the webpage appropriate to the competition in respect of which the number of entries is to be restricted.
• 3.10 The Promoter will not accept:
  • (a) responsibility for competition entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure or delay, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or
  • (b) proof of posting or transmission as proof of receipt of entry to the competition; or
  • (c) where postage has not been paid (whether entirely or partially); or
  • (d) where in respect of entries submitted pursuant to sub-clause 3.7(b) of this agreement, entries are ‘hand delivered’ / delivered in person to the stated address; or
  • (e) entries that are not complete.
• 3.11 By submitting a competition entry, you are agreeing to be bound by these terms and conditions.
• 3.12 For assistance with entries, please email info@stokedcomps.co.uk.
• 3.13 Please see stokedcomps.co.uk for a copy of these competition terms and conditions.
• 3.14 Each competition will see a random selection by use of an online by use of a Google random number generator by the Promoter.

4. Eligibility
   • 4.1 The competition is only open to all residents in the UK aged 18 years or over, except:
     • (a) Directors of the Promoter; and / or
     • (b) Employees of the Promoter; and / or
     • (c) individuals who reside in the same household of any Director and / or Employee of the Promoter.
   • 4.2 For the purposes of clause 4.1 a reference to a director and / or employee shall include any director and / or employee of any holding or subsidiary companies as there may be from time to time.
   • 4.3 In entering the competition, you confirm that:
     • (a) you are eligible to do so and eligible to claim any prize you may win;
     • (b) your participation in the competition will not breach the law(s) of any country in which you are domiciled or resident;
     • (c) you have read and understood these terms and conditions;
     • (d) you have agreed to be bound by these terms and conditions; and
     • (e) you agree to be bound by any further terms and conditions or other requirements as set out in any related promotional material issued by the Promotor from time to time.
   • 4.4 The Promoter will not accept competition entries that are:
     • (a) automatically generated by computer and / or created by artificial intelligence (including but not limited to chatbots such as ChatGPT or similar software applications);
     • (b) completed by third parties and / or in bulk;
     • (c) illegible, have been altered, reconstructed, forged or tampered with;
     • (d) photocopies and not originals; or
     • (e) incomplete
   • 4.5 The Promoter reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize competition and / or where the Promoter reasonably suspects you may be attempting to enter a competition by making use of multiple names and / or addresses, in such circumstances all such entries will be cancelled.
   • 4.6 The Promoter reserves its position to revoke an online account you have created and / or take such actions as it deems necessary to prevent your future participation in competitions operated by the Promoter and / or invalidate some or all the entries you have submitted and / or negate any prize that you may have won, in circumstances where:
     • (a) any of these terms and conditions are breached by you; and / or
     • (b) you have acted and / or communicated in a way that is abusive, intimidatory, or so as to discriminate and / or harass and / or victimise any officer, employee, worker or agent of the Promoter; and / or
     • (c) for any other reason where in the reasonable opinion of the Promoter it is not in your and / or the Promoters interest to permit your access to future competitions.
     • 4.7 The Promoter shall not be liable in any respect in relation to any entry into a competition operated by the Promoter when such entry may prove to be unlawful. If you are uncertain as to whether by entering any such competition, you may be doing do unlawfully, then you should refrain from entering until such time as you have confirmed with professional advisors or authorities whether your entry may be unlawful for any reason.
     • 4.8 Competition entries cannot be returned.
5. The Prize
   • 5.1 The prize for each competition will be stated on the website stokedcomps.co.uk. The Promoter shall determine the number of prizes for each competition at its sole discretion, provided that the number of prizes shall not change over the period from commencement of the competition to closure of the competition.
   • 5.2 The Promoter shall not be liable for any issue with the suitability of the prize if for any reason you form the view that the prize is not (or may not be) suitable for you and / or any third party for whom you had intended the prize to be utilised.
   • 5.3 Where a holiday is a prize (hereinafter referred to as the ‘Holiday’), it will be for a stated number of people and will only include transportation / travel where, and to the extent stated in the information on the competition page of the website. The Holiday does not (unless otherwise stated) include travel insurance, the costs associated with any entry requirements to any country (e.g. Visas or permits), the cost of any transfers (e.g. to and from airports or stations), any form of sustenance (e.g. food and drink), spending money, taxation (of any form) or any other form of personal expenses or any equipment required to partake in the Holiday or any activities envisaged as being undertaken on the Holiday. Any other costs incurred in addition to those set out above and that are incidental to the fulfilment of the prize are the responsibility of you in the event that you win the competition, and also any third party whom you may choose to accompany you on the Holiday.
   • 5.4 You will be responsible for ensuring that you and any person travelling with you on the Holiday are available to travel on any dates (or within any date range) that may be specified within the competition, and that you hold (or will obtain) valid passports, any necessary visas and / or travel documents for the holiday in question on the travel dates specified. For the avoidance of doubt, in the event that you do not hold (or are not able to obtain) any necessary authorisations or documentation so as to enable you to make use of the Holiday, no liability shall arise on the part of the Promoter, and in the event that you are not able to take up the Holiday within the dates (or any stated date range), then the Holiday will be forfeit by you and the Promoter will not be required to compensate you or to provide any cash alternative or alternative prize.
   • 5.5 You will be responsible for ensuring that you and any person travelling with you on the Holiday seek and act upon any medical advice appropriate to your health position and / or the health position of any person travelling with you on the Holiday in sufficient time for you to:
     • (a) be able to travel on the Holiday; and
     • (b) to obtain the necessary vaccinations and / or inoculations and / or obtained any other health assistance or medication that you may require or may reasonably require in order that you and / or any person travelling with you on the Holiday are not placed at any foreseeable risk.
   • 5.6 Prizes are subject to availability.
   • 5.7 The Promoter reserves the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond the Promoter’s control makes it necessary to do so.
   • 5.8 The prize is not negotiable or transferable and cannot be used in conjunction with any other offer, discount, voucher or promotion offered by the Promoter and / or any third party (for the avoidance of doubt including any supplier, operator, distributor or manufacturer of the prize).
6. Winners / Claiming the Prize / Delivery
   • 6.1 The decision of the Promoter is final and no correspondence or discussion will be entered into.
   • 6.2 The Promoter shall endeavour to contact the winner personally as soon as practicable (and in any event within 7 Working Days) after the draw being effected in respect of each competition (‘Live Draw Date’), using the telephone number and / or email address provided with the competition entry with a view to making arrangements for the delivery of the prize.
   • 6.3 If you are the winner of the prize, you will have 90 days from the Live Draw Date to claim the prize by notifying the Promoter in writing by email to info@stokedcomps.co.uk or writing to the registered office of the Promoter. If you do not claim the prize by this date, your claim will become invalid and the prize will be forfeit / remain the property of the Promoter.
   • 6.4 If the winner cannot be contacted or is not available, or has not claimed their prize within 90 of days of the Live Draw Date, the Promoter reserves the right to offer the prize to the next eligible entrant selected from the correct entries that were received before the closing date for the competition or if it elects to do so, make use of the prize in a new competition.
   • 6.5 It is a condition of entry into any competition operated by the Promoter that:
     • (a) any winner will be required to provide documentary evidence (2 forms, one to confirm identity and one to confirm address) to verify their identity before a prize is delivered;
     • (b) any winner consents to the use of their first name and surname and county and / or country of residence for the purpose of the Promoter being able to report on winning entries to third parties and to the public, and to make use of such information in promotional materials that may be published at any time in the future and on multiple formats (to include (without limitation) hard copy documents, social media, websites and videos).
   • 6.6 Whilst there is no requirement for a winner to participate in any social media, video creation and / or any other publicity material, the Promoter may request the involvement of winners in the creation of such material and such publicity material may be used by the Promoter in future marketing and publicity of other competitions and / or more generally in relation to the activities of the Promoter.
   • 6.7 If you object to any or all of your first and surname, county and country and winning entry being published or made available, please contact the Promoter by emailing info@stokedcomps.co.uk. In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority on request.
   • 6.8 The prize may not be claimed by a third party on your behalf.
   • 6.9 The Promoter does not accept any responsibility if you are not able to take up the prize for any reason whatsoever.
   • 6.10 The Promoter does not accept any responsibility or liability for any prize from the point of delivery to the winner and does not insure any prize, nor does any insurance come with any prize offered through any competition promoted by the Promoter.
   • 6.11 Delivery to the winner:
     • (a) may be undertaken by email (where appropriate); or
     • (b) by post or courier and is without charge to addresses in mainland England Scotland and Wales.
   • (6.12) Whilst the Promoter shall endeavour to cover the costs associated with delivery to other areas, it may need to require the winner to make payment of any delivery fees that it reasonably expects to incur, in advance of delivery being attempted, where delivery is to the following areas:
     • (a) Northern Ireland;
     • (b) Isle of Man;
     • (c) The following post-codes within Scotland:
       • (i) PH32-PH33;
       • (ii) PH45-PH48;
       • (iii) KW15-KW17;
       • (iv) ZE.
     • (d) Jersey;
     • (e) Guernsey;
     • (f) Alderney;
     • (g) Sark;
     • (h) Herm;
     • (i) Isles of Scilly;
     • (j) Isle of White;
     • (k) any other island that is not specified in this sub-clause 6.11 and which is not covered by the Royal Mail mainland UK postal service.
   • 6.13 Any customs charges which may be incurred as a result of the prize being delivered to the winner will be the sole responsibility of the winner to pay, and for the winner to take such steps to engage with any customs authority and / or their authorised representatives or agents in order to make payment of any such customs charges and / or take delivery of the prize where any customs authority and / or their authorised representatives or agents take custody of the prize.
7. Limitation of liability / Refunds
   • 7.1 The Promotor makes no representations or warranties as to the quality / suitability or usefulness of any of the goods or services offered as prizes.
   • 7.2 Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner (or any third party with whom the winner may share and / or facilitate access to the prize) or accept any liability for:
     • (a) any loss and / or damage to person or property; and / or
     • (b) any loss or liability in respect of personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees; and / or
     • (c) any consequential (including economic) loss by reason of any act or omission by the Promoter or its officers, employees, workers, or agents;

in connection with the supply (or arrangements to supply) any goods or services by way of a prize in any competition and / or the entry into any competition.

• 7.3 Your statutory rights are not affected.
• 7.4 The Promoter shall use its reasonable endeavours to ensure that all software, online services and platforms used to promote and operate its competitions are appropriate and able to be accessed through all major internet browsers.
• 7.5 The Promoter shall not be liable for any failure of any third-party systems, internet browsers or other software malfunctions or incompatibilities that may (whether systemically or temporarily) that preclude entries into competitions being received and / or unintended / fraudulent entries being received.

7.6        All prizes offered by the Promoter are subject to the terms and conditions of the prize provider, operator, supplier or manufacturer.

7.7         The Promoter will not make refunds at any time or for any reason whatsoever, unless for any reason the Promoter cancels the competition for any reason at its sole discretion.

7.8         It is condition of entry into a competition that you expressly agree that Regulation 19 of the Consumer Protection (Distance Selling) Regulations 2000 does not apply the any competition which you enter with the Promoter.

8. Ownership of Competition Entries and Intellectual Property Rights
   • 8.1 All competition entries and any accompanying material submitted to the Promoter will become the property of the Promoter on receipt and will not be returned.
   • 8.2 By submitting your competition entry and any accompanying material, you agree to:
     • (a) assign absolutely to the Promoter all your intellectual property rights held in the competition entry with full title guarantee; and
     • (b) waive absolutely all moral rights,

in and to your competition entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.

• 8.3 You agree that the Promoter may, in their sole discretion, make your entry available on its website (stokedcomps.co.uk) and in any other media, whether now known or invented in the future, and in connection with any publicity of the competition. You grant the Promoter a non-exclusive, worldwide, irrevocable licence in perpetuity, for the full period of the intellectual property rights in the competition entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the intellectual property rights in the competition entry and any accompanying materials for such purposes.

9. Data Protection and Publicity
   • 9.1 The Promoter will only process your personal information as set out in these terms and conditions. See also clause 6.5(b) and clause 6.6 and clause 6.7, with regard to the announcement of winners.
   • 9.2 Personal data provided to the Promoter by you, or which you authorise to be obtained from any third party will be used by the Promoter to administer the competition and fulfil its obligations to allocate prizes.
   • 9.3 For the purpose stated in clause 9.2 the Promoter will be required to process and record your personal data and may disclose it to:
     • (a) Banks / Building Societies / Credit Card companies for the purpose of processing payments and / or identifying fraud;
     • (b) Third party payment providers for the purpose of processing payments and / or identifying fraud;
     • (c) Regulatory authorities; and
     • (d) any third party to whom the Promoter may propose to transfer its business operations and / or any part of such; and
     • (e) any third party for the purpose of preventing detecting or prosecuting any criminal activity.
   • 9.4 You hereby authorise the Promoter to make use of your personal data assigned to your online account that you create with the Promoter for the purpose of advertising and promoting the business activities of the Promoter in the future.
   • 9.5 If it is necessary for the Promoter to process your personal data outside of the United Kingdom, the Promoter shall use its reasonable endeavours to ensure that your personal data is adequately protected during the course of any such transfer.
10. General
    • 10. 1If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the competition.
    • 10.2 The Promoter reserves the right to hold void, suspend, cancel, or amend the prize competition where it becomes necessary to do so.
    • 10.3 These terms and conditions are governed by the law of England and Wales. If any entrants to this promotion wish to take court proceedings, then they must do this within the courts in the United Kingdom, and it is a condition of these terms and conditions that the courts in the United Kingdom are deemed to have exclusive jurisdiction in relation to any dispute arising in respect of these terms and conditions.