Ubetcha - Legal Disclaimer
1. Qualifying Persons
1.1 Ubetcha Promotions ('Promoter', 'our(s)') operate competitions - skill based games resulting in the allocation of prizes in accordance with these terms and conditions on the website www.ubetcha.ie'(the 'Website') - (the 'Competition(s)').
1.2 The Competitions are open to all persons aged 18 or over the age of majority in their country of residence except the Promoter's employees or members of their immediate family, agents or any other person who is connected with the creation or administration of our Competitions.
2. Legal Undertaking
2.1 By entering a Competition the entrant ('Entrant', 'you', 'your(s)') will be deemed to have legal capacity to do so, you will have read and understood these terms and conditions and you will be bound by them and by any other requirements set out in any related promotional material.
2.2 Competitions are governed by Irish Law and any matters relating to the Competition will be resolved under Irish Law and the Courts of Ireland shall have exclusive jurisdiction.
2.3 In the event that you participate in a Competition online via the Website, and by accepting these terms and conditions you confirm that you are not breaching any laws in your country of residence regarding the legality of entering our Competitions. The Promoter will not be held responsible for any Entrant entering any of our Competitions unlawfully. If in any doubt you should immediately leave the Website and check with the relevant authorities in your country.
3. Competition Entry
3.1 Availability and pricing of Competitions is at the discretion of the Promoter and will be specified on our Website. ('Spot the Ball Challenge'); You may repeat the process for the Spot the Ball Challenge for as many entries as you wish to make. You will require one Ticket for each entry.
3.2 When playing a Competition online via our Website, follow the on-screen instructions to:
(a) Select the Competition you wish to enter.
(b) Play 'Spot the Ball Challenge', noting the X & Y cordinates of your chosen position.
(c) You will be redirected to Paypal, our chosen payment processor.
(d) Write your chosen X & Y cordinates in the box provided within Paypal and submit your order.
('Website Entries' referred to as 'Entr(y)(ies)')
3.3 The Promoter reserves the right to refuse or disqualify any incomplete Entries if it has reasonable grounds for believing that an Entrant has contravened any of these terms and conditions.
3.4 To the extent permitted by applicable law, all Entries become our property and will not be returned.
4. Promotion Periods
4.1 Each Competition will run for an indefinite period, until all the tickets have been sold or until the prize has been withdrawn.
4.2 If a prize is withdrawn within the first 60 days the promoter will refund the entrant fully.
4.3 If a prize is withdrawn after the first 60 days the promoter will refund the entrant partially. The exact percentage of refund will be held at the discretion of the Promoter.
5. Competition Judgement
5.1 The position of the centre of the ball will be determined after the close of the Competition at the discretion of the Promoter.
5.2 Within five (5) days of the end of the respective Competition, the winning Position will be computed against the database of coordinates to mathematically calculate which of the valid and eligible Entries received by the Promoter is closest to the winning Position, and therefore the winning Entrant (the 'Prize Winner') of the prize. The First Prize Winner will be the person who correctly identifies, or if no one is correct, who is closest to, the winning Position. For the avoidance of doubt, distance will be measured by calculating the straight line distance from each valid and eligible Entry to the winning Position ('Distance').
5.3 In the event that there are two or more Entrants with valid and eligible Entries that are equally close to or exactly match the winning Position (a 'Tie Break Entry') The promoter's standard Tie Break procedure in the event that one or more of the Tie Break Entrants has only made one Tie Break will be entered and judged on the same terms as the original Spot the Ball Challenge and there will be no additional payment due. In the event that Tie Break 2 results in a tie break, the Tie Break 2 process will be repeated with the respective tied Entrants until there is a single First Prize Winner. If the Promoter is unable to contact one or more of the Tie Break Entrants or the Tie Break Entrants (as relevant) for Tie Break 2, within five (5) days of identifying such Tie Break Entrants (or Tie Break Entrants as relevant), Tie Break 2 will be concluded without that particular Tie Break Entrant or the Tie Break Entrant (as relevant). Tie Break 1 and Tie Break 2, together referred to as "Tie Break".
5.4 The Promoter will attempt to contact Winner(s) using the email address provided at the time of Entry and all details will be held securely in our database.
5.5 If for any reason the Promoter is unable to contact a Winner within 5 days (which may be extended at the sole discretion of the Promoter) of the end of a Competition or the Winner fails to confirm acceptance of the prize or the Winner is disqualified as a result of contravening any of these terms and conditions, the Winner will forfeit the prize and it will be awarded to the Entrant with the next closest coordinates, as defined in the judging process. For the avoidance of doubt once the prize has been forfeited the original Winner, Runners Up or Tie Break Entrants will have no further claims against the Promoter.
5.6 In the event that the Promoter has to close a Competition early for reasons beyond its control, the Winner will be selected from all valid and eligible Entries received by the Promoter prior to the Competition closure. The Promoter also reserves the right at its sole discretion to extend closing any Competition.
5.7 All Entrants are automatically entered onto the Promoter's database for the purpose of conveying information as to the status of their Competition, as well as any future Promotions or Competitions offered by the Promoter.
6. Winner's Details
6.1 The First Prize Winner will be required to send a copy of their passport to the Promoter to confirm their identity, age and also to prove that if the purchase was made by credit card that the card was legally theirs or that they had authorisation to use it, before any prize will be paid or delivered. Any failure to meet these obligations may result in the Prize Winner being disqualified and the Promoter choosing an alternate winner.
6.2 The winner may also be required to provide photographs and/or pose for photographs and/or videos, which may be used in future marketing and public relations by the Promoter in connection with the Competition and in identifying them as a winner of a Competition.
6.3 Following receipt and verification of the details requested above by the Promoter, the Winners will be contacted in order to make arrangements for collection of the prize.
7. Competition Prizes
7.1 Please also note the following:
(a) During the course of a Competition, if due to circumstances beyond the Promoter's control, the Promoter is unable to provide the stated Prize, the Promoter reserves the right to award a similiar prize of equal or greater value or a cash alternative of equal value.
(b) Tie Break Entrants: For the avoidance of doubt, the prize won by the Prize Winner will be the prize attributed to the ticket that was equidistant from the winning position and not any prize attributed to subsequent entries that may used to establish the Prize Winner.
7.2 All other expenses not expressly specified herein are the sole responsibility of the Winners.
7.3 All prizes are subject to the terms and conditions of the prize provider, manufacturer or supplier.
7.4 Each Prize must be accepted as awarded and is non-transferable or convertible to other substitutes and cannot be used in conjunction with any other vouchers, offers or discounts, including without limitation any vouchers or offers of the Promoter or other prize suppliers.
The Promoter will notify the Vehicle winner and arrange a hand-over date and location for collection of the winnning Vehicle. It is the responsibility of the Prize Winner to ensure that they are permitted to drive the Vehicle there after and to ensure that the appropriate Road Tax, NCT Certificate and insurance are in order for the Vehicle.
9. Winners' Personal Data
9.1 Acceptance of the prize by the Winner will mean they are required to have their photo and video taken by the Promoter for promotional purposes (Public Relations and Marketing), both immediately after their win and in the future for use in accordance with rule 6.2, unless prohibited by law.
9.2 By entering a Competition, you agree to the use of your name, address, and/or photograph or other likeness, as well as your appearance at publicity events without any additional compensation (save for reasonable travel expenses) and as required by the Promoter if you are declared a Winner.
10. Limits of Liability
The Promoter makes no representations or warranties as to the quality/suitability of any of the goods or services offered as prizes. Except for liability for death or personal injury caused by the negligence of the Promoter, the Promoter shall not be liable for any loss suffered or sustained to person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods by any person to the prize Winner(s) and, where applicable, to any family/persons accompanying the Winner(s), or in connection with any of the Competitions promoted by the Promoter.
11. Electronic Communications
No responsibility will be accepted for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet, accessibility or availability or for traffic congestion or unauthorised human act. The Promoter shall use its best endeavours to award the prize for a Competition to the correct Entrant. If due to reasons of hardware, software or other computer related fail ure, or due to human error the prize is awarded incorrectly, the Promoter reserves the right to reclaim the Competition prize and award it to the correct Entrant, at its sole discretion and without admission of liability. The Promoter shall not be liable for any economic or other consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due. The Promoter shall use its best endeavours to ensure that the software and website(s) used to operate its Competitions perform correctly and accurately across the latest versions of popular internet, tablet and mobile browsers. For the avoidance of doubt, only the ticket coordinates recorded in our systems, howsoever displayed or calculated, shall be entered into the relevant Competition and the Promoter shall not be held liable for any competition entries that occur as a result of malfunctioning software or other event. Your own competition coordinates may be checked at any time by accessing your Paypal account.
12. Data Protection Notice
Any personal data that you supply to the Promoter or authorise the Promoter to obtain from a third party, for example, a credit card company, will be used by the Promoter to administer the Competition and fulfil prizes where applicable. In order to process, record and use your personal data the Promoter may disclose it to (i) any credit card company whose name you give; (ii) any person to whom the Promoter proposes to transfer any of the Promoter's rights and/or responsibilities under any agreement the Promoter may have with you; (iii) any person to whom the Promoter proposes to transfer its business or any part of it; (iv) comply with any legal or regulatory requirement of the Promoter in any country; and (v) prevent, detect or prosecute fraud and other crime. In order to process, use, record and disclose your personal data the Promoter may need to transfer such information outside of Ireland, in which event the Promoter is responsible for ensuring that your personal data continues to be adequately protected during the course of such transfer.
Ubetcha Promotions, Burtonport, County Donegal. Telephone: 089 958 0575. Email: ubetchapromotions at email dot com. Website: www.ubetcha.ie. The winners surname and their hometown will be available for one (1) month after the end of each Competition by sending an email to the Promoter.
T&C Version 01.03.2017v.1.3