Competition Terms and Conditions
COMPETITION TERMS & CONDITIONS
Skill-Based Prize Competitions, UK
1. Introduction
These Competition Terms and Conditions (the « Terms ») govern your participation in prize competitions (each a « Competition ») operated by WINTHELUXE LTD, a company incorporated in England and Wales under company number 17165386, with its registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom (« we », « us », « our », or the « Promoter »).
By entering any Competition, you (the « Entrant ») agree to be bound by these Terms, our Website Terms of Use, and our Privacy Policy. If you do not accept these Terms, you must not enter any Competition.
These Competitions are operated as prize competitions within the meaning of section 14(5) of the Gambling Act 2005 and are not regulated gambling activities. Success in each Competition depends to a substantial degree on the exercise of skill, judgement or knowledge by the Entrant.
2. Definitions
« Closing Date » means the date and time specified on the Competition page by which Entries must be received, or the earlier date on which all Entry Tickets have been sold.
« Draw Date » means the date on which the Winner is selected from all Qualifying Entries, as specified on the Competition page.
« Entry » or « Entry Ticket » means a single paid entry submitted in accordance with these Terms.
« Prize » means the prize described on the Competition page, which may be a travel experience, voucher, cash alternative or any other benefit so described.
« Qualifying Entry » means an Entry that (i) is submitted before the Closing Date, (ii) has been paid for in full, and (iii) has been accompanied by a correct answer to the Skill Question.
« Skill Question » means the question of skill, knowledge or judgement presented to the Entrant before the Entry is submitted.
« Winner » means the Entrant whose Qualifying Entry is selected by the Draw Mechanism.
3. Eligibility
3.1 Entry is open to residents of the United Kingdom, the European Union, the European Economic Area, Switzerland, the United States, Canada, Australia, New Zealand and other countries explicitly listed on the Competition page, in each case subject to local law.
3.2 Entrants must be aged 18 or over at the time of entry. We reserve the right to require proof of age and identity at any time.
3.3 The following persons are excluded from entry: (a) employees, directors, officers and contractors of the Promoter and their immediate family members; (b) any person who has been self-excluded from our Competitions under clause 14; (c) any person whose account has been suspended or terminated.
3.4 Entry is limited to a maximum of fifty (50) Entries per Entrant per Competition unless otherwise stated on the Competition page. Entrants may not use multiple accounts, automated systems, scripts or bots to enter. Any such activity will result in disqualification of all affected Entries without refund.
3.5 Entries must be submitted in a personal capacity. Syndicate or group entries are not permitted unless explicitly authorised in writing.
4. How To Enter
4.1 To enter a Competition, an Entrant must:
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Visit the Competition page on our website;
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Select the number of Entry Tickets desired (up to the maximum permitted);
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Provide accurate personal details including full legal name, date of birth, email address, delivery address and telephone number;
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Correctly answer the Skill Question presented;
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Complete payment in full using one of the accepted payment methods; and
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Receive email confirmation containing the unique Entry Number(s) allocated.
4.2 An Entry is only complete and valid once all six steps above have been successfully completed. The Promoter bears no responsibility for Entries that are incomplete, lost, corrupted, delayed or not received for any reason.
4.3 No Entries will be accepted after the Closing Date. The Promoter’s server clock is definitive for all timing purposes.
4.4 The cost of each Entry Ticket is stated on the Competition page and is inclusive of any applicable taxes. Prices may vary between Competitions.
5. The Skill Question
5.1 Each Competition requires the Entrant to correctly answer a Skill Question of travel, geography, culture or general knowledge. The Skill Question is designed to test the Entrant’s knowledge and judgement and, in accordance with section 14(5) of the Gambling Act 2005, to prevent a significant proportion of persons who participate from receiving a prize.
5.2 The Skill Question must be answered personally by the Entrant, without external assistance, research tools, search engines or artificial intelligence systems. Entries submitted with the assistance of such tools may be disqualified.
5.3 Only Entries with a correct answer to the Skill Question will qualify as Qualifying Entries and be entered into the Draw.
5.4 An Entrant who provides an incorrect answer will not receive a refund. By proceeding to payment, the Entrant acknowledges that the Entry Ticket purchases the right to attempt the Competition and that the fee is not refundable in the event of an incorrect answer.
6. Payment And Refunds
6.1 Accepted payment methods are displayed at checkout and may include debit cards, credit cards (subject to clause 6.2), Apple Pay and Google Pay. The Promoter reserves the right to add or remove payment methods at any time.
6.2 In line with industry good practice, credit card payments are subject to a monthly limit of £250 per Entrant across all Competitions. The Promoter does not accept credit card payments for instant-win elements.
6.3 All payments are processed in pounds sterling (GBP). Entrants paying in other currencies are responsible for any conversion fees applied by their payment provider.
6.4 Entries are non-refundable save where required by law, or where the Promoter cancels a Competition in accordance with clause 12.
6.5 Entrants may request that their personal Entry data be deleted under the Privacy Policy, but this does not entitle them to a refund of any Entry fees already paid.
7. Draw Mechanism
7.1 After the Closing Date, all Qualifying Entries are entered into a random draw conducted by a certified third-party Random Number Generator (« RNG ») provider, Randomdraws Ltd (or such other certified provider as we may appoint from time to time).
7.2 The RNG produces verifiably random and auditable results. A draw certificate is generated for each Competition and retained by the Promoter. Entrants may request a copy of the draw certificate relating to any Competition they entered by writing to contact@wintheluxe.com.
7.3 Where a Competition offers more than one Prize, multiple Winners are drawn sequentially from the Qualifying Entries. No Entry may win more than one Prize within the same Competition.
7.4 The Draw will take place on the Draw Date or as soon as reasonably practicable thereafter. The Promoter reserves the right to delay the Draw by up to seventy-two (72) hours where necessary for verification, technical or operational reasons.
8. Winner Notification And Verification
8.1 Winners will be notified by email and telephone using the contact details provided at the time of entry, within seventy-two (72) hours of the Draw.
8.2 The Winner must respond and confirm acceptance of the Prize within fourteen (14) calendar days of notification. The Winner must provide proof of identity, age and residence in a form acceptable to the Promoter.
8.3 If the Winner cannot be contacted, does not respond within the required period, is found to be ineligible, or is otherwise unable to accept the Prize, the Promoter reserves the right to select a replacement Winner in accordance with clause 7.1.
8.4 The Promoter will publish the first name, initial of last name and general location (town or region) of each Winner on the Website and its social media channels. By entering, the Entrant consents to this publication. Winners may opt out of appearing in photography or video content, but not from the minimum publication set out in this clause, which is required for transparency.
9. The Prize
9.1 The Prize is described on the Competition page and in the confirmation email. The description includes material terms including travel dates, destinations, number of travellers, class of service and any exclusions.
9.2 Prizes are non-transferable and non-exchangeable, except that the Promoter may, at its sole discretion, offer a cash alternative of equivalent or lesser value.
9.3 Travel Prizes are subject to the terms and conditions of the underlying travel suppliers (airlines, hotels, tour operators). The Winner is responsible for complying with all such terms.
9.4 Unless explicitly stated otherwise on the Competition page, the Prize does not include: (a) travel insurance; (b) visas or other entry requirements; (c) passport fees; (d) vaccinations or medical requirements; (e) personal expenses, meals outside those specified, or incidentals; (f) transport to or from the Entrant’s home to the nearest departure point; (g) any tips, gratuities or service charges; or (h) any other costs not explicitly included in the Prize description.
9.5 The Winner is solely responsible for ensuring that they and any travel companions hold valid passports with sufficient remaining validity, all necessary visas and any required health certifications. Failure to do so does not give rise to any refund or alternative Prize.
9.6 The Winner must take up the Prize within twelve (12) months of the Draw Date unless otherwise agreed in writing. Prizes not claimed or taken within this period may be forfeited.
9.7 The Winner is responsible for any income tax, customs duty, import tax or other personal taxation liability arising from receipt of the Prize in their country of residence.
10. Minimum Entries And Guaranteed Draw
10.1 Each Competition will proceed and a Winner will be drawn on the Draw Date regardless of the number of Entries sold. The Promoter will not reduce the value of the Prize or cancel the Competition on the grounds of low ticket sales.
10.2 The Promoter may close a Competition earlier than the Closing Date if all Entry Tickets are sold. In such a case, the Draw will take place on the date shown on the Competition page, or earlier at the Promoter’s discretion with notice to Entrants.
11. Conduct And Disqualification
11.1 The Promoter reserves the right to disqualify any Entry and void any associated payment without refund where the Entrant has:
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Provided false, inaccurate or misleading information;
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Used automated systems, scripts, bots or multiple accounts to enter;
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Engaged in any fraudulent, dishonest or abusive conduct;
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Breached any provision of these Terms or any other applicable terms;
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Brought the Promoter into disrepute through public statements or conduct.
11.2 The Promoter’s decision in all matters relating to the Competition is final and binding. No correspondence will be entered into except through the formal complaints procedure set out in clause 15.
12. Cancellation And Modification
12.1 The Promoter reserves the right to cancel, suspend or modify any Competition where circumstances beyond its reasonable control make the Competition impracticable, unsafe or impossible to operate. Such circumstances include but are not limited to force majeure events, fraud, technical failure, regulatory change, insolvency of a travel supplier, or public health measures.
12.2 In the event of cancellation before the Draw, Entrants will receive a full refund of Entry fees paid. In the event of modification, the Promoter will endeavour to offer a Prize of equivalent or greater value, or offer a refund to Entrants who do not wish to continue.
12.3 Except where required by law, the Promoter’s total liability to Entrants in respect of cancellation or modification is limited to the refund of Entry fees paid.
13. Intellectual Property And Publicity
13.1 All trademarks, logos, content and imagery displayed on the Website remain the property of the Promoter or its licensors. Entrants must not reproduce, adapt or distribute such materials without prior written consent.
13.2 By entering a Competition, the Winner grants the Promoter a non-exclusive, worldwide, royalty-free licence to use their first name, likeness, Prize experience photography and video, and social media handle, for reasonable promotional purposes for a period of two (2) years from the Draw Date.
13.3 The Promoter will not use the Winner’s full legal name, full address or other sensitive personal information in any promotional material without the Winner’s express consent.
14. Self-Exclusion And Responsible Play
14.1 Entrants may request self-exclusion at any time by emailing contact@wintheluxe.com with the subject line « SELF-EXCLUSION REQUEST ». Self-exclusion takes effect within twenty-four (24) hours of receipt and lasts for a minimum initial period of six (6) months.
14.2 During self-exclusion, the Entrant’s account will be suspended, no Entries may be made, and the Entrant will be removed from marketing communications. At the end of the six-month period, the Entrant may request reinstatement in writing.
14.3 Entrants may set monthly spending limits on their account at any time, including a limit of £0. Limits take effect at the start of the next calendar day.
14.4 If you are concerned about your participation, or that of someone you know, free and confidential support is available from GamCare (www.gamcare.org.uk, 0808 8020 133), BeGambleAware (www.begambleaware.org), or the Samaritans (116 123).
15. Complaints And Dispute Resolution
15.1 Any complaint must be submitted in writing to contact@wintheluxe.com within twenty-eight (28) days of the event giving rise to the complaint. The Promoter will acknowledge receipt within three (3) business days and provide a substantive response within twenty-eight (28) days.
15.2 If the complaint is not resolved to the Entrant’s satisfaction, the Entrant may refer the matter to an alternative dispute resolution (ADR) provider may issue proceedings in the courts of England and Wales.
15.3 These Terms and any Competition are governed by English law. The courts of England and Wales have exclusive jurisdiction to settle any dispute arising from them, save that Entrants resident in Scotland or Northern Ireland may issue proceedings in the courts of their own jurisdiction where local consumer law so provides.
16. Limitation Of Liability
16.1 Nothing in these Terms excludes or limits the Promoter’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded by law.
16.2 Subject to clause 16.1, the Promoter’s total aggregate liability to any Entrant in respect of any Competition is limited to the greater of (a) the value of Entry fees paid by that Entrant in respect of that Competition, or (b) £500.
16.3 The Promoter shall not be liable for any indirect, consequential, incidental, special or punitive damages, including loss of enjoyment, disappointment, loss of profit or loss of opportunity.
16.4 The Promoter is not liable for the acts or omissions of third-party travel suppliers (airlines, hotels, tour operators) once the Prize has been delivered to the Winner. The Winner’s remedy in such circumstances lies against the relevant supplier.
17. Data Protection
17.1 The Promoter is registered with the UK Information Commissioner’s Office under registration number ZC131713 and processes personal data in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018.
17.2 Full details of how we collect, use, store and protect personal data are set out in our Privacy Policy, available at https://wintheluxe.com. By entering a Competition, Entrants confirm that they have read and understood the Privacy Policy.
18. General
18.1 If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
18.2 No waiver of any provision of these Terms by the Promoter will be deemed a continuing waiver unless made in writing.
18.3 These Terms constitute the entire agreement between the Promoter and the Entrant in respect of each Competition and supersede any prior representation, statement or understanding.
18.4 The Promoter may amend these Terms from time to time. The version of the Terms in force at the date of Entry governs that Entry.
18.5 No third party has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.
19. Promoter Details
WINTHELUXE LTD
Company number: 17165386
Registered office: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom
Email: contact@wintheluxe.com
Complaints: contact@wintheluxe.com
Website: https://wintheluxe.com
ICO registration: ZC131713
END OF COMPETITION TERMS & CONDITIONS