Competition Terms & Conditions
These terms shall apply to all competitions promoted by Garioch Fish Bar Limited (“Promoter”/Our(s)”) and reference to “Competition(s)” shall mean each competition operated by the Promoter via the Promoter’s website www.gariochfishbar.com (“the Website”)
DESCRIPTION OF THE COMPETITIONS
1) The Promoter operates the Competitions – skill with prizes – skill-based games operated on the Website resulting in fair and objective award of prizes (“the Prize(s)”) under these terms and conditions for a competition period until closing date such period individually determined for each Competition (“Competition Period”).
2) The Competition is open to all persons aged 18 years or over, except: (a) employees of the Promoter or its holding or subsidiary companies; (b) employees of agents or suppliers of the Promoter or its holding or subsidiary companies, who are professionally connected with the Competition or its administration; or (c) members of the immediate families or households of (a) and (b) above.(d) Each competition will have its own countdown timer & end date, we reserve the right to sell tickets/numbers until the countdown timer runs out. All winners will be determined by a 100% determined by google randomly generated number picker. (e) If any competition(s) competitions will not be rolled over or postponed due to insufficient tickets/number sales(unless due to death or any unforeseen circumstances that are considered to be out of the promoters control) then the competition will be brought to a close and all entrant fees are to be fully reimbursed
3) In entering the Competition, you (“the Entrant”/”you”) confirm and warrant that you are eligible to do so and eligible to claim the Prize or any prize you may win. The Promoter may require you to provide proof that you are eligible to enter the Competition and/or to claim the Prize Binding Nature of these Terms, Jurisdiction Etc
4) By entering the Competition you will be deemed to have confirmed and warranted your legal capacity to do so, you will have read understood and accepted these terms and conditions and you will be bound by them and by any other requirements set out in resulting/related promotional material.
5) The Competitions and these terms are governed by English Law and any matters relating to the Competitions and these terms will be determined by the Courts of England and Wales to whose exclusive jurisdiction on all matters you hereby irrevocably submit.
6) By participating in the 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 by entering the Competitions. The Promoter will not be held responsible for consequences (including an entry being void) of any entry which is unlawful. If in any doubt you should immediately leave the Website and check with the relevant regulations or public authorities in your home country.
ENTRIES AND HOW TO ENTER
7) How To enter the Competition When participating in a Competition online via the Website, follow the on-screen instructions to do the following: (a) select the Competition you wish to enter and when you are ready to purchase your Ticket(s), provide your contact and payment details. You will need to check your details carefully and tick the box, confirming you have read and understood these terms and conditions; (b) once you have purchased your Tickets and answered the the questions correctly using knowledge or skill when your payment has cleared, we will then contact you by email to confirm your entry into the Competition. Please note that when entering online you will not be deemed entered into the Competition until we confirm your Ticket(s) order back to you by email.
8) Subject to the above, the Competitions may usually be entered via the Website. There may be a single Competition, multiple competitions may be operated at the same time and each Competition will have its specific Prize.
9) Availability and pricing of Competitions is at the discretion of the Promoter and will be specified at the point of entry in the Competitions, on the Website.
9a) When entering a competition you will need to answer a skill based questions. Wrong answers to this competition will be charged but not entered in the competition.
10) In order to enter any of the Competitions, you will need to register an account with us. You can register an account online. To do so you will need to provide an email address (“Your Account”).
11) The Promoter reserves the right to refuse or disqualify any entry if it has reasonable grounds for believing that an Entrant has contravened any of these terms and conditions.
12) The Promoter will not accept: (a) responsibility for entries to the Competition that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or (b) proof of posting or transmission as proof of receipt of entry to the Competition. To the extent permitted by applicable law, all entries become our property and will not be returned. (c) Any responsibility for failure of technical systems, such as distribution of random or manually selected numbers allocated By the ticketing system and if in the rare event of a duplicate number has been produced and dispatched via the ticketing system, any prize won by two or more participants with a duplicate number, will be fully compensated with monetary value determined by a valuation of the prize agreed upon by the promoter and winning participants, the participant who purchased there ticket/number(s) first will be the participant eligible to receive the prize.
13) You can enter the Competitions with an unlimited amount of entries for each Competition. Each account can have unlimited amount of entries.
14) By submitting your entry and any accompanying material, you agree to: (a) assign to the Promoter all your intellectual property rights with full title guarantee; and (b) waive all moral rights in and to your entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
15) You agree that the Promoter may, but is not required to, make your entry available on the Website and any other media, whether now known or invented in the future, and in connection with any publicity of the Competition. You agree to grant the Promoter a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the entry and any accompanying materials for such purposes.
16) The Promoter’s winner will be determined using google random number generator. The Promoter will ensure that a minimum number of Entrants have entered each Competition specified by the Promoter and determined for each Competition in the Promoter’s absolute discretion and may in its absolute discretion close the Competition early without selecting any winner and may withdraw the Competition. The maximum number of Entrants to each Competition will be determined by the Promoter in its absolute discretion. maximum numbers will be notified to you upon entry into the Competition.
17) The Promoter further reserves the right in its absolute discretion to close and withdraw a Competition without selecting a winner due to any reason beyond the Promoter’s control.
18) Due to the nature of the winning determining mechanism there will only be one winner per Competition. Unless described in the above sections 12.c
19) The Promoter will attempt to contact the Winner using the telephone number and email address provided at the time of entry (or as subsequently updated) and held securely in the Promoter’s database. It is the Entrant’s sole responsibility to check and update these details. If for any reason they are noted down by the Entrant incorrectly, the Promoter will not be held responsible. Entrants must carefully check their contact details have been recorded correctly.
20) If for any reason whatever the Promoter is unable to contact a Winner within 15 days (which may be extended at the sole discretion of the Promoter) of the end of a Competition Period 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 which will remain in the ownership possession custody and power of the Promoter, thereafter the Promoter may in its absolute discretion award the Prize to the second best Entrant as selected under the above selection system as referred to in Paragraph 18 above, or close the Competition completely without selecting a winner.
21) In the event that a Competition is closed without selecting a Winner, the Promoter will give all Entrants appropriate credit to enable them to replay equivalent tickets in a subsequent Competition.
22) The Competition Periods are not capable of being extended.
23) The Winner will be required to show proof of identification satisfactory to the Promoter as a condition of and prior to delivery of the Prize. Any failure to meet this obligation may result in the Winner being disqualified and the Promoter retaining the Prize. The winner will be required to sign a disclaimer as acceptance of the prize upon acceptance of the prize unless otherwise the prize is deemed to be unsatisfactory, unsafe,
24) The Winner will also be required to provide photographs and/or pose for photographs and videos, on the occasion of the award of the Prize which will be personally delivered to the Winner, and which may be used in future marketing and promotions by the Promoter in connection with the Competition and in identifying them as the Winner. However, the Entrant’s specific consent to such use of personal data/images will be sought upon entry into a Competition by ticking a specific box.
25) Following receipt and verification of the details requested above by the Promoter, the Winner will be contacted and arrangements made for delivery of the Prize.
SPECIFIC TERMS AS TO THE PRIZES
26) The Prizes are selected by and owned by the Promoter from the date of the start of the Competition by the Prize being offered on the Website to the date that the Winner takes delivery of the Prize. The Prizes are chosen and purchased by the Promoter in its absolute discretion and the Prizes and only the Prizes unless the winner accepts a cash alternative but with the full option of receiving the prize are awarded respectively to the Winner of each Competition who is thus bound to receive the Prize without any option to request a replacement or substitute. Details of each Prize will be found on the Website in offering them for Entrants to the Competitions.
27) The Promoter will accept no liability whatsoever for the Prize after delivery, nor does the Promoter insure the Prize against damage, loss or other risk once delivered. No insurance policy comes with the Prizes and the promoter cannot be held responsible for the Prize once handed over to the winner.
28) Delivery to the Winner is free to any location in mainland UK. The promoter has a right to charge the Winner delivery fees if the Winner wants the Prize delivered anywhere outside mainland UK.
29) All expenses incurred by the Entrants in entering the Competitions are the sole responsibility of themselves even if an Entrant then becomes a Winner.
30) The goods that form the Prizes are subject to the terms and conditions of the Prize manufacturer or supplier.
31) The Prize must be accepted as referred to at paragraph 28 above, is non-transferable or convertible to substitutes, and cannot be used in conjunction with any vouchers, offers or discounts, including without limitation any vouchers or offers of the Promoter or Prize suppliers.
32) The Promoter can store the Prize free of charge for 30 days after notifying the Winner at the Winner’s request, thereafter the Prize will be delivered to the Winner.
WINNERS’ PERSONAL DATA
33) Acceptance of the Prize by the Winner will mean they are obliged to have their photo and video taken by the Promoter for promotional purposes, both immediately after their win and in the future for use in accordance with paragraph 26 above unless to the extent prohibited by law and subject to the Winner’s rights under current data protection legislation.
34) By entering a Competition, and subject to your ticking the relevant box to indicate your consent to same and to your rights as provided under current data protection legislation and to our data protection policy and legislative compliance as detailed below, 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 reasonably required by the Promoter if you are declared a Winner.
LIMITS OF LIABILITY
35) The Promoter makes no representations or warranties as to the quality/suitability of any of the goods or services forming the 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, non-liability for 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 Winner and, where applicable, to any family/persons accompanying the Winner, or in connection with any of the Competitions promoted by the Promoter.
36) No responsibility will be accepted by the Promoter 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, including any errors or mistakes.
37) a) 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 failure, or due to human error, the Prize is awarded incorrectly, the Promoter reserves the right to reclaim the Prize and award it to the correct Entrant, at its sole discretion and without liability. b) The Promoter shall not be liable for any economic or other consequential loss suffered or sustained by 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 used to operate the Competitions perform correctly and accurately across the latest versions of popular internet, tablet and mobile browsers. For the avoidance of doubt, only the ticket 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.
38) All Entrants are automatically entered onto the Promoter’s database for the purpose of conveying information as to the status of the Competition, as well as any future Promotions or Competitions offered by the Promoter.
39) The Promoter’s holding of such details are therefore with Entrants’ consent. They are held subject to the Promoter’s data protection policy and to compliance with the General Data Protection Regulation (EU 2016/679) (“GDPR”) and national implementing laws and regulations in England and Wales as amended or updated from time to time and any successor legislation to the GDPR or the Data Protection Act 1998 (“the Data Protection Legislation”).
41) In any event, 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 only to administer the Competition and determine award of 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 the United Kingdom, in which event the Promoter is responsible for ensuring that your personal data continues to be-adequately protected during the course of such transfer.
APPENDIX A DEFINITIONS
Data Protection Legislation: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
Without prejudice to the provisions as to in particular consent by the Entrant and the Winner as specified in the main body of the Promoter’s terms and conditions to which this appendix is attached, the Entrant and the Winner will ensure that he has all necessary appropriate consents and notices in place to enable lawful transfer of the Entrant’s/Winner’s personal data (“Personal Data”) to the Promoter for the duration and purposes of these terms and conditions. Without prejudice to the foregoing, the Promoter shall, in relation to any Personal Data processed in connection with the performance by the Promoter of its obligations under these terms and conditions: (a) process that Personal Data only on the written instructions or with written consent of the Entrant or Winner (which consent is provided initially in any event by the Entrant ticking a specific box in making an entry to the Competitions), unless the Promoter is required by the laws of any member of the European Union or by the laws of the European Union applicable to the Promoter to process Personal Data (Applicable Laws). Where the Promoter is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Provider shall promptly notify the Customer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Promoter from so notifying the Entrant or Winner; (b) process the Personal Data only for the purpose set out in the main body of these terms and conditions; (c) ensure that it has in place appropriate technical and organisational measures, which may be reviewed and approved by the Entrant or the Winner, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it); (d) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and (e) not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled: i) the Customer or the Promoter has provided appropriate safeguards in relation to the transfer; ii) the Data Subject has enforceable rights and effective legal remedies; iii) the Promoter complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and iv) the Promoter complies with reasonable instructions notified to it in advance by the Entrant or Winner with respect to the processing of the Personal Data.