EPIC DRAWS LIMITED
These Terms of Use govern your use of our Services (defined below). By continuing to use our Services, you agree to be bound by these terms and conditions. We recommend that you check back regularly for any changes. Please read these terms and conditions carefully.
Last updated: 1st December 2021
1 WHO IS EPIC DRAWS AND HOW CAN YOU CONTACT US
1.1 We are Epic Draws Limited (“Epic Draws”, “we”, “us”, “our”), a company registered in England and Wales. Our company registration number is 13434793 and our registered office is at 100 Avebury Boulevard, Milton Keynes, United Kingdom, MK9 1FH. Our registered VAT number is 387 9376 24.
1.2 You can contact us by emailing our customer service team at win@epicdraws.com or by writing to us at Epic Draws Limited, 100 Avebury Boulevard, Milton Keynes, United Kingdom, MK9 1FH.
2 BY USING OUR WEBSITE YOU ACCEPT THESE TERMS
2.1 We own the Website (as defined below) and operate the Services.
2.2 These terms and conditions (the “Terms”) and any other document referred to in these Terms govern the use of the www.epicdraws.com website (the “Website”), Epic Draws applications made available through the Website (the “Software”), any Epic Draws controlled social media pages (including on Facebook, Instagram, Spotify, and Twitter), and/or any content, functionality, and services offered on or through the Website, Software, and social media pages (together the “Services”). These Terms constitute a binding contract between you and Epic Draws. By using our site, you confirm that you accept these Terms of Use and that you agree to comply with them.
2.3 Every time you use our Services, please check these Terms to ensure you understand the Terms which will apply at that time. We may make changes to these Terms from time to time for any reason, including to reflect changes in relevant laws and regulatory requirements. Any changes will take effect immediately on the date on which we post the modified terms on the Website. If you continue to use the Services after that period has expired, it means that you accept any such changes. The modified Terms will not apply to any contracts that we have already entered into with you before the date the modified Terms came into effect.
2.4 If you do not agree to these Terms, you must not use our Services.
3 OTHER TERMS THAT MAY APPLY TO YOU
3.1 Please read these Terms, our related Privacy Policy and Cookie Policy carefully before you start to use the Services, as these will apply to your use of the Services and/or purchase of products.
3.2 If you purchase Prize Draw Entries (or other goods or services) from our site, our Official Rules and Prize Draw Rules will apply to the sales.
4 ACCESS AND USE
4.1 We try to make the Services available at all times, but, of course, due to the inherent nature of online and internet-based services, we cannot guarantee this.
4.2 We may also update and change our Services from time to time without notice to reflect changes to our products, our users’ needs, and our business priorities.
4.3 These Terms are only available in the English language and we will not retain copies of the contracts between us and you relating to the purchase of entries from our Website.
5 SUSPENSION OR WITHDRAWAL OF OUR WEBSITE
5.1 Our site is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
5.2 We do not guarantee that our Services, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons.
6 WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
7 OUR SITE IS ONLY FOR USERS IN UK
Our Services are directed to people over the age of 18 years and residing in United Kingdom. We do not represent that content available on or through our Services is appropriate for use or available in other locations.
8 YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
8.1 If you choose to create an account, you must treat your user ID, password or any other piece of information as part of our security procedures as confidential. You must not disclose it to any third party.
8.2 We have the right to terminate or suspend your account and/or access to any part of the Services if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. If we suspend or terminate your access under your account, and you try to access any part of the Services via another account, we may suspend or terminate your access to that other account too.
8.3 If you know or suspect that anyone other than you knows your user ID, password or any other piece of information, you must promptly notify us on the details above and we recommend changing your password.
8.4 You can close your account at any time.
8.5 We reserve the right to delete your account and any personal data or other information associated with your use of the Services if there is no activity on your account for more than 36 consecutive months. We will notify you before we do this giving you an opportunity to keep your account active.
9 HOW YOU MAY USE MATERIAL ON OUR WEBSITE
9.1 All content, materials, text, images, trademarks, brand names and logos on, and software in, the Services (and all intellectual property in such content) (“Our Content”) are owned by us or our licensors and are protected by UK and international copyright and other intellectual property laws.
9.2 No permission is given in respect of the use of Our Content (except with our prior written consent), and any such use may constitute an infringement or breach of the holder’s rights.
9.3 You are not in any circumstances permitted to:
9.3.1 make commercial use of Our Content;
9.3.2 breach or circumvent any laws, third-party rights or our policies;
9.3.3 copy, adapt, vary, distribute, edit, modify, translate, transpose, or permanently store, in part or in whole, any of Our Content, except as permitted in accordance with paragraph 9.4;
9.3.4 photograph or record as or convert into video or audio, all, or any part of the content on the Services;
9.3.5 use content on the Services to compile a database of, or re-create the whole or substantial part of such content by making repeated and systematic copies of insubstantial parts of, any of the content;
9.3.6 use the Services or its content for any illegal purpose and in particular you will not interfere with or disrupt the Services, or the servers or networks connected to it or disobey any requirements, procedures, policies, or regulations of networks connected to it;
9.3.7 sublicense, sell or rent access to the Services or its content;
9.3.8 to use the Services to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; and
9.3.9 remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within Our Content.
9.4 You are not permitted to print or download any available content from the Services without our prior written consent. If we consent to such use, you shall ensure that in each case:
9.4.1 the copyright and source indications are also printed;
9.4.2 no modifications are made to the materials and they are not used as part of any other publication or for any other purpose other than as permitted by us;
9.4.3 any document is printed entirely and is not used in a derogatory or misleading context; and
9.4.4 the material is not used in a manner which may damage our reputation or otherwise be harmful to us or impair our ability to achieve our aims.
9.5 Other services, products and information provided by third parties may be made available on or through Epic Draws’ Website. Epic Draws makes no warranties or representations, or responsibility or liability for the third party services, products and information and you understand that these will be subject to the terms that the third party affords to them instead. It is your responsibility to ensure you understand these terms.
10 RULES OF THE WEBSITE
10.1 You may not:
10.1.1 impersonate another person or otherwise misrepresent your affiliation with a person or entity;
10.1.2 harvest or otherwise collect or use information about others without their explicit consent;
10.1.3 allow any other person or entity to use your log-in details or account for viewing the Services; and
10.1.4 continue to use any part of the Website or Services whilst your account is temporarily suspended or after your account has been permanently terminated.
10.2 You may use the Website and Services in such a way only for lawful purposes. You may not use the Website or Services:
10.2.1 in any way that breaches any applicable local, national or international law or regulation;
10.2.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
10.2.3 to collect or store any personally identifiable information from other users of the Services;
10.2.4 for the purpose of harming or attempting to harm minors in any way; or
10.2.5 to knowingly transmit, send or upload any data or other material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
10.3 You also agree:
10.3.1 not to reproduce, duplicate, copy or re-sell any part of the Website or Services in contravention of the provisions of our Terms;
10.3.2 not to access without authority, interfere with, damage or disrupt:
10.4 You shall not carry out data mining, screen scraping or crawling of the Website or Services, its pages or its content or use any process or processes that send automated queries to the Website unless you have obtained our prior written consent.
11 SUSPENSION AND TERMINATION
11.1 We will determine, in our discretion, whether there has been a breach of these Terms in whole or in part, through your use of the Services. When a breach of these Terms has occurred, we may take such action as we deem appropriate.
11.2 Failure to comply with these Terms may result in our taking all or any of the following actions:
11.2.1 immediate, temporary, or permanent withdrawal of your right to use the Services;
11.2.2 immediate, temporary, or permanent removal of any communication made by you through the Services;
11.2.3 issue of a warning to you;
11.2.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from a breach;
11.2.5 further legal action against you; and
11.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
12.1 The Services are provided on an “as is” basis. To the fullest extent permissible under applicable law, we disclaim any and all promises, warranties, conditions, or representations relating to the Services and its content, whether express, implied, oral, or written. In particular we do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on or is sent through the Services and you should not rely on it being accurate, truthful, or complete. To be clear, each user acts on his/her own behalf at all times and does not act as our representative or agent in any way.
12.2 You agree that your access and use of the Services and its content is at your own risk. The content and information that we make available on, or through, the Services are provided for information only and we are not responsible for, and do not endorse, any such information.
12.3 To the fullest extent permitted by law, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on, or through, the Services, or of making any decision, or refraining from making any such decision, based wholly or partly on any data or other information contained in the content available on, or through, the Services.
12.4 By using the Services, you acknowledge and accept the inherent risks, characteristics, and limitations of the Internet, particularly in terms of technical performance of the Services, response times to view, verify or transfer information and the risks inherent in all third-party links, connections, and transfers via the Internet. We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy, or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, software you use to download the content, the Services, or the servers that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the Services is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.
12.5 Subject to paragraph 12.6, we will not be responsible or liable to any users browsing the pages of, or using, any part of the Services for any losses, whether direct, indirect, consequential or special, including financial loss or loss of data, opportunity, goodwill, or reputation. Please note that we only provide the Services for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.6 There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following:
12.6.1 for death or personal injury caused by our negligence;
12.6.2 fraud or fraudulent misrepresentation; or
12.6.3 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.
12.7 Except as mentioned above in paragraph 12.5, if we are found to be liable, our total liability in respect of all claims made against us in connection with the Services under these Terms shall be limited to £100 .
12.8 You agree only to use the Services in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents, and suppliers) in full for any damages, losses, costs, and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including any actions you take which disrupt access to and/or the functioning of the Services), or any liability we incur as a result of the use of the Services by you and any other person that uses your account as a result of your negligence.
13 LINKS
13.1 You acknowledge that the Services may include links to third-party websites. We do not review third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.
13.2 We do not therefore endorse, or make any representations about, them or any content found there or any results that may be obtained from using them.
13.3 If you decide to access any of these third-party websites, you do so entirely at your own risk.
13.4 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.
13.5 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.
13.6 You must not establish a link to our Services in any website that is not owned by you.
13.7 Our Services must not be framed on any other site, nor may you create a link to any part of our Services other than the Website home page.
13.8 We reserve the right to withdraw linking permission without notice.
14 HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy.
15.1 Severability.
If a court find part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.2 Reliance on these Terms.
We intend to rely on these written Terms and any document expressly referred to in them in relation to the subject matter of any contract between us. We and you will be legally bound by these Terms. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on our behalf which is not set out in those documents.
15.3 Force majeure.
We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control.
15.4 Assignment.
We may transfer this Agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation.
15.5 Waiver.
If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
15.6 Third party rights.
These Terms do not create any right enforceable by any person who is not a party to them (or any contract made under them), except that the provisions of these Terms may be enforced by any of our licensors subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999. We will not need to get the agreement of you or any other person in order to make any changes to these Terms.
15.7 Dispute Resolution.
If a dispute arises between you and us, we encourage you to first contact us directly to seek a resolution. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution Platform.
15.8 Entire Agreement.
These Terms constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us (whether written or oral).
15.9 Governing law and jurisdiction.
These Terms are governed by English law and you can bring legal proceedings in respect of these Terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.
