These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Lealex Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Lealex Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Lealex Ltd and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Lealex Ltd, trading as Watches of Whitby (“Promoter”, “our(s)”) operates skill-based prize competitions (the “Competition(s)”) resulting in the allocation of prizes in accordance with these Terms and Conditions and the UK Gambling Act, 2005. All Competitions are run via www.watchesofwhitby.com (the “Website”).
NO INFRINGEMENT OF THIRD PARTY RIGHTS
To the best of our knowledge, neither the operation of Lealex Ltd nor the products or services provided under the Watches of Whitby brand infringe upon or violate the intellectual property rights of any third party, including copyright, trademark or other legal rights.
Watches of Whitby is not endorsed by or affiliated with any other Company or Brand, including the watch Brands featured in our Competitions.
By entering a competition, the entrant (“Entrant”, “you”, “your(s)”) agrees to have read, understood and be legally bound by these Terms and Conditions. Competitions are governed and interpreted according to English law and all disputes shall be subject to the exclusive jurisdiction of the English courts.
Competitions may be entered online via www.watchesofwhiby.com or via a free postal entry.
To enter a competition by post You must register for an online account with us and provide a valid email address. Please send your entry to Watches of Whitby Competition, 127 Church Street, Whitby, YO22 4DE. Your entry must be received by the Promoter by 5pm the day before the Closing Date and must include: (a) the correct answer to the competition question for the competition (b) details of your name, address and email contact details. A failure to provide this information or if the information provided does not match with an active online account when the postal entry is processed will void your entry into the competition. Your entry must be typed or clearly legible or it will be rejected. If the Promoter allows multiple entries for a competition and You enter by post each single entry You make must be on one postcard or each sent in a separate envelope. Multiple entries received in any other way will be rejected.
Entrants must be aged 18 or over and permanent residents of England, Scotland or Wales. Employees of our Company are not eligible to enter.
The price and number of tickets available will vary by competition and will be clearly stated at the point of entry, along with the competition closing date. Ticket sales will be capped at the stated amount, providing clear visibility of the odds of winning a prize. Any discounts applied to multiple ticket purchases will not be applied retrospectively to tickets already purchased.
In order to enter a competition; (a) select the number of tickets you require (maximum of 50 per Entrant, per competition), (b) play the skill-based game, (c) confirm the number of tickets and check out securely, ensuring that all contact information you provide is correct. You will then receive an email confirming your entry and if you answered the skill-based game correctly you will be entered into the final draw. When purchasing multiple tickets you can only select one answer, which will be applied to all tickets/entries purchased within that order. If you answer the skill-based game incorrectly then you will not be entered into the final draw but you will still be charged.
Should your payment fail or be reversed then your entry will automatically be cancelled, you will not be entered into the final draw and the number of entries you reserved will become available for other players to purchase. We accept no responsibility for entries which are incomplete, delayed or not received for any other reason.
All Entrants are bound by these terms and conditions and any other requirements specified at the time of entry. We reserve the right to exclude any entry which in our opinion violates these terms or for any other reason does not comply. Excluded entries may still be charged.
CANCELLATION AND REFUND POLICY
All entries to the Competitions are final and no refunds shall be issued at any time for any reason, other than in the event of the Promoter choosing to cancel a competition, in which case all Entrants will be refunded in full. Consumer “cooling off” periods do not apply as the purchase constitutes a contract for leisure activities with a specified end date.
Competition start and end dates (“Promotion Period(s)”) will be clearly stated at the point of entry, along with the expected draw date. The competition closing date will be reached at the end of the Promotion Period or when all tickets are sold, if sooner. Promotion Periods will never be extended. If the Promotion Period ends and insufficient tickets have been sold the Promoter reserves the right to cancel the competition. Should the competition be cancelled, all Entrants will be notified via email and receive a full refund, which will not be subject to interest or any other fees or costs.
The final draw will take place within a maximum of seven (7) days (typically twenty-four (24) hours) of the competition closing date. Following the closing date, all eligible entries received by the Promoter within the Promotion Period will be reviewed. All Entrants that correctly answered the competition question will be entered into the final draw and the competition Winner(s) will be selected, with the number of entries corresponding to the number of tickets purchased per Entrant. All draws are random, conducted by an independent third party; www.random.org and broadcast live via the Promoter’s Instagram account; @watchesofwhitby
The Promoter will attempt to contact the Winner within forty eight (48) hours of the draw using the email address and telephone number provided at the time of entry. If the Promoter is unable to contact the Winner within twenty-eight (28) days of the draw, the Winner fails to claim the prize or is disqualified as a result of breaching any of these Terms and Conditions, the Winner will forfeit the prize and a second draw will be conducted to select a new Winner from the original pool of eligible Entrants. At this point the original Winner will have no further claim against the Promoter. It is the sole responsibility of all Entrants to ensure that all contact information provided at the time of entry is correct. The Promoter will not be held responsible for being unable to contact the Winner as a result of incorrect details being held.
Winners will be required to confirm their identity by providing the Promoter with a suitable form of Photo I.D. (e.g. Passport or Driving Licence) and prove that the the debit or credit card used to purchase their ticket(s) was legally theirs or they were authorised to use it by the legal owner. Failure to meet these obligations may, at the Promoters discretion, result in the Winner being disqualified and an alternative Winner selected.
Following contact with the Winner and receipt of the verification described above, the Promoter will arrange for the prize to be delivered to the Winner.
The Winner’s full name will be announced publicly during the live draw, will be available upon request to any User for thirty (30) days after the draw and may be referred to by the Promoter in future marketing activity. Winners will be asked to provide or pose for photographs and videos but have the right to refuse consent. Should Winners agree to pose for photographs or videos, this material will be considered the property of the Promoter and may be used by the Promoter in future marketing activity.
All prizes are delivered with UK VAT paid. The Promoter will arrange fully insured delivery of the prize to the address provided by the Winner. Written confirmation will be provided that the prize was supplied by the Promoter to the Winner.
Prizes are as detailed at the beginning of each competition; no cash alternatives are available.
INTELLECTUAL PROPERTY AND ACCEPTABLE USE
All Content included on the Website, unless uploaded by Users, is the property of Lealex Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
You may, for your own personal, non-commercial use only, do the following: (a) retrieve, display and view the Content on a computer screen; (b) print one copy of the Content. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Lealex Ltd.
You may not use the Website for any of the following purposes: (a) in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website; (b) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
AVAILABILITY OF THE WEBSITE AND DISCLAIMERS
Any online facilities, tools, services or information that Lealex Ltd makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Lealex Ltd is under no obligation to update information on the Website.
Whilst Lealex Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
Lealex Ltd accepts no liability for any disruption or non-availability of the Website.
Lealex Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
LIMITATION OF LIABILITY
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Lealex Ltd accepts no liability for any of the following: (a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; (b) loss or corruption of any data, database or software; (c) any special, indirect or consequential loss or damage.
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time, but will never be altered during a live competition. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
LEALEX LTD DETAILS
Lealex Ltd is a company incorporated in England and Wales with registered number 08001723
whose Registered office address 127 Church Street, Whitby, North Yorkshire, England, YO22 4DE and it operates the Website www.watchesofwhitby.com.
You can contact Lealex Ltd by email at firstname.lastname@example.org.