TERMS AND CONDITIONS
1. Overview
1.1. The website located at www.whant.co.uk (the “Website”) is a copyrighted works provided by Whant UK Limited, a private limited company incorporated in England and Wales with company number 15963934 (t/a “Whant UK”) (the “Promoter” “us”, “our”, and “we”) and with registered address at Grenville House, 4 Grenville Avenue, Broxbourne, Hertfordshire, United Kingdom, EN10 7DH. References to “you” and “your” are to eligible users of the Website.
1.2. These website terms and conditions, together with the documents referred to in them (the “Terms”) govern your access to and use of the Website whenever you use the Website, and apply to all Competitions (as defined below) listed on the Website.
1.3. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us, are incorporated by reference into these Terms, also apply to your use of the Website.
1.4. By accessing or using the Website, you acknowledge and agree to be bound by these Terms, and you represent and warrant to the Promoter that you have the right, authority, and capacity to enter into these Terms. If you do not agree to all the provisions of these Terms, you must not access or use the Website.
2. Definitions
In these Terms, the below definitions also apply:
“Alternative Winner” has the meaning given to that term in clause 11.4 below.
“Closing Date” means the date and time for which the Competition ends, as displayed on the Website and as further detailed in clause 8.1 below.
“Competition” means the applicable competition from time to time entered into by an eligible Entrant who is in a position as of the relevant Opening Date to answer a Competition Question in accordance with these Terms.
“Competition Question” has the meaning given to that term in clause 3.3 below.
“Draw Date” has the meaning given to that term in clause 3.5 below.
“Entrant” means you or anyone who enters a Competition on the Website.
“Feedback” means any suggestion or idea for improving or otherwise modifying the Website or any of the Promoter’s other products or services.
“Legitimate Reason” means, for the purposes of clause 11.4 below, instances where the Winner is unable to respond to the Promoter due to illness, hospitalisation, or any other medical reason, or where calls are not received for another reason that the Promoter in its sole discretion and acting in good faith deems reasonable and legitimate.
“Opening Date” means the date and time for which the Competition begins, as displayed on the Website and as further detailed in clause 8.1 below.
“Prize” means a prize received by the winning Entrant of a Competition in accordance with these Terms, details of which will be displayed on the Website from time to time.
“Privacy Policy” has the meaning given to that term in clause 1.3 above.
“Winner” means a winning Entrant who has won a Competition and is in a position to accept a Prize.
3. The Competition
3.1. The Terms apply to all Competitions listed on the Website.
3.2. All Competitions are skill-based competitions. Entry fees for online entries are payable each time an Entrant enters a Competition. Where the Promoter offers a multiple choice question, an alternative free entry route is available.
3.3. To be in with a chance of winning, an Entrant will be required to correctly answer a question set by the Promoter (the “Competition Question”).
3.4. Only entries with correct answers will be entered into the Competition for a chance to win.
3.5. All Entrants who answer the Competition Question correctly, whether online or via the free post entry route, will be placed into a draw and the Winner will be chosen at random. The random draw will take place within 7 days of the Closing Date (“Draw Date”).
4. Changes to Terms and Use of Website
4.1. The Promoter may amend these Terms from time to time by amending this page. Every time you wish to use the Website, please check this page to take note of any changes the Promoter has made. You are responsible at all times for complying with the current version of these Terms.
4.2. We do not guarantee that the Website, or any content in it, will always be available or uninterrupted.
4.3. The Promoter reserves the right (in our sole discretion) to suspend, discontinue or restrict the availability of the Website (or part thereof) for any reason or no reason at all. The Promoter will try to provide reasonable notice of any such suspension, discontinuation or restriction. You agree that The Promoter will not be liable to you or to any third or fourth party for any suspension, discontinuation or restriction of the Website or any part thereof.
4.4. We do not guarantee that the Website, or any content in it, will always be free from errors or omissions. The Promoter reserves the right (in its sole discretion) from time to time to change the Website for any reason or no reason at all. The Promoter will try to provide reasonable notice of any major changes. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes. You agree that the Promoter will not be liable to you or to any third or fourth party for any change to the Website or any part thereof.
4.5. You acknowledge and agree that the Promoter will have no obligation to provide you with any support or maintenance in connection with the Website.
4.6. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
4.7. Nothing in these Terms will restrict the Promoter’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting you or the individual providing such Feedback, unless otherwise agreed.
5. Intellectual Property
All trademarks, product names, logos and other content linked to intellectual property rights displayed on the Website (including, but not limited to, the Promoter’s own intellectual property) are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable holder of such intellectual property.
6. Disclaimers and Limitation of Liability
6.1. The Promoter is not a financial institution and is not licensed by or under the supervision of any financial supervisory authority and does not provide any licensed financial services such as investment services, capital raising, fund management, management of a collective investment scheme or investment advice.
6.2. Any transactions initiated through the Website are authorised by third party providers, and by using the Website you agree that you are governed by the terms of service and privacy policies for the applicable extensions.
6.3. The Promoter administers the Website on an ‘as is’ basis and specifically disclaims all warranties, terms, representations, and conditions whether expressed, implied, or statutory, and including any warranties, terms, representations and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, or non-infringement.
6.4. Other than to the extent prohibited by applicable law, in no event shall the Promoter’s liability with respect to any single incident arising out of or related to these Terms exceed the lower of one hundred British pound sterling (£100) and any amount transacted through the Website. The above limitations will apply whether an action is in contract or tort and regardless of the theory of liability.
6.6. 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 accept any liability for any loss, damage, personal injury or death occurring as a result of taking up a Prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees.
6.7. Unless otherwise notified, the Competitions on the Website are in no way sponsored, endorsed, administered by or associated with any third party entity (including, for the avoidance of doubt, Meta Platforms Inc. or their brand ‘Facebook’ (“Facebook”)). By entering the Competitions, Entrants agree that Facebook has no liability and is not responsible for the administration or promotion of the Competitions.
6.8. The Promoter makes no representations and gives no warranties about any Prize, its value, its condition or any other information provided on the Website. The Promoter makes no representations and gives no warranties that the information provided on the Website is accurate, complete or up to date.
6.9. The Promoter does not accept any responsibility and is not liable for any stolen goods, loss, or damage to any Prize once handed to the Winner.
7. Competition Eligibility
7.1. By entering the Competition, the Entrant confirms that they are eligible to do so in accordance with this clause 7 (Competition Eligibility) and these Terms and eligible to claim any Prize that they may win.
7.2. The Competition is only open to those who are:
(a) residents in the United Kingdom; and
(b) aged 18 years or over.
7.3. The Competition is not open to:
(a) employees of the Promoter;
(b) employees of agents or suppliers of the Promoter, who are professionally connected with the Competition or its administration;
(c) members of the Promoter’s families or households; or
(d) Entrants that use an automated service generated by a computer.
7.4. The Promoter may require Entrants to provide proof of ID that you were eligible to enter the Competition and are now eligible to claim their Prize. If an Entrant fails to provide the Promoter with any such proof or other information that the Promoter requires within 30 days, they may be disqualified from the Competition and another Winner may be selected.
7.5. The Promoter reserves all rights to disqualify any Entrant from the Competition if they are rude or abusive to the Promoter or anyone associated with them. This includes if their conduct is contrary to the spirit or intention of the Competition.
7.6. No refunds of the entry fee to the Competition will be given in any event, and Entrants may be prevented from participating in any future Competitions if any of the following may become known to the Promoter:
(a) if, following their entry into the Competition, it is subsequently discovered that an Entrant was not eligible to enter the Competition and is not eligible to claim a Prize;
(b) if, following their entry into the Competition, the eligibility criteria for entering the Competition or claiming a Prize changes in accordance with these Terms and the Entrant is no longer eligible to claim a Prize. For the avoidance of doubt, in such an instance, the Promoter will take reasonable steps to notify the Entrant of such changes;
(c) if an Entrant is disqualified from the Competition by the Promoter for any reason; or
(d) if the Entrant engages in any form of fraud, fraudulent misrepresentation, fraudulent concealment, hacking or interference with the proper functioning of the Website, or amending, or unauthorised use of, any of the code forming part of the Website.
8. General Competition Entry Rules
8.1. The Competitions will run from and including the opening and closing dates specified on the Website. These dates shall be referred to as the “Opening Date” and “Closing Date” respectively. All times and dates referred to are the times and dates in London, United Kingdom (GMT).
8.2. The Promoter reserves the right to change the Opening Date and Closing Date. If the Promoter does change the Opening Date and/or the Closing Date of a Competition, the new details will be displayed on the Website.
8.3. All Competition entries must be received by the Promoter by no later than the specified time on the Closing Date. To the extent permitted by applicable law, all Competition entries received after the specified time on the Closing Date, whether paid or free postal Competition entries, may be disqualified without a refund. Any entries using the free postal entry, will not be counted if arrived at the Promoter’s PO box after the Closing Date. The Promoter will not accept any responsibility for delayed delivery or offer any refunds on postage costs.
8.4. The maximum number of entries into the Competition will be stated on the Website. The number of entries you are able to make may be limited if the maximum number of entries is reached.
8.5. Entrants can enter each Competition as many times as they wish until the maximum number of entries per user have been submitted and until the maximum number of entries for the Competition have been received. Entrants submitting free entries must submit each entry separately. Bulk entries, if received, will not be accepted and will only be counted as one single entry. Entries may be limited if the maximum number of entries for the Competition is reached.
8.6. Any entries that are incomplete will not be accepted, and therefore not entered into the Competition.
9. Entering Online
9.1. By purchasing entries and submitting a Competition entry you are entering into a contract with the Promoter and are agreeing to be bound by these Terms.
9.2. All entries must be submitted in the English language. Entries in languages other than English will automatically be disqualified and no refunds will be given.
9.3. Unless you are using the free entry postal method as detailed in clause 10 (Entering via Post) below, the Promoter will send confirmation that your entry has been received via email.
9.4. The Promoter will not accept responsibility for Competition entries that are not successfully completed, lost or delayed regardless of cause, including but not limited to, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.
10. Entering via Post
Notwithstanding the above clause 9 (Entering Online), when entering into the Competition via the free entry postal method, the following additional conditions apply:
10.1. Entry into a Competition by Eligible Entrants via the postal method is free of charge, subject to the conditions detailed within this clause 10 (Entering via Post).
10.2. Entrants via the postal method need to include their full name, mobile number, address, email address, and Competition answer. Entries made without all such information may not be counted and will not be eligible for a refund.
10.3. The applicable Competition entry needs to be received to the following PO Box address by the Closing Date, or the applicable entry may be counted and will not be eligible for a refund:
WHANT UK Competition
Po Box 429
WARE
SG12 4JA
10.4. Entrants into the Competition using the free entry route may enter the Competition up to 5 times, provided that each entry into the Competition is made with a separate letter.
10.5. Whilst the Promoter cannot send confirmation to any Entrant into a Competition by post that their entry has been received, entries made by Eligible Entrants into the Competition by post in accordance with this clause 10 (Entering via Post) will be entered together with and in the same way as any online entries made by Eligible Entrants.
10.6. Your personal information will only be kept for the during of the Competition, and will be destroyed afterwards. Should you have any other questions, please refer to our Privacy Policy or email info@whant.co.uk.
11. The Winner(s)
11.1. The decision of the Winner is final and there will be no opportunity for correspondence, discussion, query or appeal for individual feedback in respect of a Competition, unless such decision is made in error.
11.2. We will publish the Winner and their name, surname, county/town of residence and winning entry will be visible under the ‘Results’ page on the Website and may be announced during the live draw. If you do not wish to have your full name included please let the Promoter know no less than 48 hours prior to the Closing Date via email at info@whant.co.uk. Please note, in such circumstances, the Promoter must still provide the information to the Advertising Standards Authority on request.
11.3. The Promoter will contact the Winner personally as soon as practicable after the Draw Date using the Entrant’s telephone number or email address provided with the Competition entry.
11.4. If the Winner cannot be contacted, is not available, or has not claimed their Prize, within 14 days of the Draw Date (unless such unavailability is due to a Legitimate Reason) the Promoter reserves the right to offer that Prize to another Entrant (the “Alternate Winner“) selected at random (via the same method as utilised by the previous Winner) from the remaining correct entries received before the Closing Date. The Alternate Winner shall have 30 days from notification of their status by the Promoter to communicate their acceptance of their Prize, which may include acceptance by email communication from the Entrant and prospective Winner to the Promoter (provided that the Promoter acknowledges receipt of such email by response to the relevant Entrant). This process shall continue until a Winner who is in a position to accept the relevant Prize is identified.
12. The Prize
12.1. The Prize for each Competition is described on the Website. Details of the Prize are, to the best of the Promoter’s knowledge, information and belief, correct as at the Opening Date.
12.2. Prizes are subject to availability. The Promoter reserves the right to substitute any Prize with a Prize of equal or greater value. If any details of the Prize change, the Promoter will use reasonable endeavours to update the Website as soon as reasonably possible.
12.3. As no insurance policies have been taken out with Prize, it is the Entrant’s responsibility to arrange any said policies they may wish to take out.
12.4.The Prize may be supplied by a third-party supplier (the “Supplier”). Details of the Supplier (if any) will be provided on the Website.
12.5. The Promoter is not affiliated or associated with any of the brands the Prize may be featured with.
12.6. The Prize is non-negotiable and non-transferable.
13. Claiming the Prize
13.1. The Winner must claim the Prize personally. The Prize may not be claimed by a third party on a Winner’s behalf. Details of how the Prize will be delivered to a Winner will be discussed with the Promoter.
13.2. In the event that the Promoter delivers the Prize personally, they will ask the Winner for prior permission in writing for filming to take place at the point of delivery of the applicable Prize. For the avoidance of doubt, the Winner will not be liable for any transport costs or toll charges incurred by the Promoter in delivering any Prize.
13.3. If an Entrant’s personal details, including contact information, should change at any time, they should notify the Promoter as soon as possible. Notifications should be sent to the Promoter via email to info@whant.co.uk, including details of the Competition entered, the Entrant’s previous details, and their new details. If an Entrant’s details change within 7 days of a Closing Date, the Promoter will use the previous details of an Entrant to contact them (unless otherwise agreed on a case by case basis).
13.4. The Promoter does not accept any responsibility and is not liable to pay any compensation if an Entrant is unable to or does not take up a Prize.
13.5. Once a Prize is awarded to a Winner, the Promoter does not accept any responsibility and will not be held liable for any theft, loss, or damage to the Prize.
14. Data Protection and Publicity
14.1. By entering the Competition, the Entrant agrees that any personal information provided with the Competition entry may be held and used by the Promoter or its agents and suppliers to administer the Competition or as otherwise set out in the Promoter’s Privacy Policy, a copy of which is available on the Website.
14.2. If you are the Winner of a Competition, you agree that the Promoter may use your name, image and town or county of residence to announce the Winner of this Competition. You further agree to participate in any reasonable publicity required by the Promoter.
14.3. If you do not wish to participate in any publicity, you must notify the Promoter prior to the Closing Date by emailing info@whant.co.uk. This will not affect your chances of winning the Prize. If you do not agree to participate in any publicity about the Competition we may still have to provide your details to the Advertising Standards Authority. This is a legal requirement that we must comply with to prove that the Competition has been properly administered and the Prize has been awarded.
14.4. If you are the Winner of a Competition, you may be required to provide further personal information and proof of your identity.
14.5. You consent to the use of your information to confirm your eligibility to claim the Prize and transfer ownership of the Prize to you if you are a Winner.
14.6. You are entitled to request further details about how your personal information is being used, and may withdraw your consent to your personal information being used in such manner but by doing so you may prevent the Prize being transferred to you. In such circumstances, you will be deemed to have withdrawn from the Competition and to have forfeited the Prize. You will not be entitled to any refund of your entry fee. The Promoter reserves the right to offer the Prize to an Alternative Winner.
14.7. Please note that if, pursuant to applicable data protection laws, you request that the Promoter does not contact you and remove your details from its database, you will be withdrawing from the Competition. In such an event, it will not be possible to contact you in the event that you are a Winner and you will not be entitled to a refund of any fees incurred in entering the Competition.
15. Warranties and Indemnities
15.1. You represent and warrant that you:
(a) (if you are an individual) have legal capacity and are of legal age to form a binding contract and that you are at least 18 years old;
(b) have not previously been removed/suspended/restricted from using the Website;
(c) are of sound mind and are capable of taking responsibility for your own actions and have full power and authority to agree to these Terms;
(d) are not violating any other agreement to which you are a party in agreeing to these Terms;
(e) all the information you provide to us is accurate, up to date and not misleading and that you will notify us of any changes to any information you have provided;
(f) any funds that you use to transact through the Website do not originate from any criminal activity or activity that is unlawful or could be considered unlawful by any relevant jurisdiction;
(g) you will not use the Website if any applicable laws in your country prohibit you from doing so; and
(h) you are responsible for the accuracy of information relevant to the Works communicated to The Promoter and you acknowledge that the Promoter will hold you liable for any damages incurred as a result of inaccurate or misleading information provided to the Promoter by you.
If the Promoter receives a complaint in respect of any content uploaded by you to the Website, it shall be your sole responsibility to deal with such a complaint and to compensate the Promoter for any loss suffered. The Promoter reserves the right to remove any content immediately upon receipt of a complaint.
15.2. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Promoter, and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Promoter Parties”), from and against all actual or alleged third or fourth party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, reasonable legal fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Website, (b) your violation of these Terms, (c) your violation of the rights of a third or fourth party, or (d) your failure to pay any applicable taxes due in connection with a transaction. You agree to promptly notify the Promoter of any third or fourth party Claims and cooperate with the Promoter Parties in defending such Claims. You further agree that the Promoter Parties shall have control of the defence or settlement of any third or fourth party Claims.
16. Linking
16.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.
16.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
16.3. If you wish to make any use of content on the Website other than that set out above, please contact info@whant.co.uk.
17. Third or Fourth Party Links and Resources
17.1. Where the Website contains links to other websites and services and/or displays advertisements of third or fourth parties:
(a) These links and advertisements are not under our control and are provided for your convenience only. The Promoter does not review, approve, monitor, endorse, warrant, or make any representations with respect to links and advertisements. You use all links and advertisements at your own risk, and should apply a suitable level of caution and discretion in doing so.
(b) When you click on any links and advertisements, the applicable third or fourth party’s terms and policies apply, including the third or fourth party’s privacy and data gathering practices.
17.2. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such links and advertisements. The Promoter assumes no responsibility for the content of such websites or resources and the Promoter will not be liable for any loss or damage that may arise from your use of them.
18. No Agency, Partnership etc.
Nothing in these Terms constitutes, or shall be deemed to constitute, a partnership between the parties nor make any party the agent of another party.
19. Assignment
You shall not assign any of their rights under these Terms, or delegate the performance of any of the obligations or duties hereunder, without the prior written consent of the Promoter and any attempt by you to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be void and of no effect.
20. Notices
You agree that any notices, agreements, disclosures, or other communications delivered to any email address that the Promoter has for you on record is considered valid.
21. Severability
If any provision of these Terms shall be held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; these Terms shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of these Terms; and, the remaining provisions of these Terms shall remain in full force and effect.
22. Termination
22.1. The Promoter reserves the right, without notice and in its sole discretion, to terminate your license to access or use the Website at any time and for any reason. You understand and agree that the Promoter shall have no liability or obligation to you in such an event.
22.2. If there is any reason to believe there has been a breach of these Terms, the Promoter reserves the right, without notice and in its sole discretion, to exclude you from participating in the Competition or any future Competitions.
23. Entire Agreement; Amendment
These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, communications and agreements, whether written or oral, between the parties relating to the subject matter hereof and all past courses of dealing or industry custom.
24. Waiver
The waiver by any party of a breach of or a default under any provision of these Terms shall not be effective unless in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of these Terms, nor shall any delay or omission on the part of any party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
25. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales and in the event of any dispute the parties hereby submit to the exclusive jurisdiction of the English courts.
Please feel free to contact us at info@whant.co.uk if you have any questions about these Terms.