Terms and Conditions

Terms and Conditions

OVERVIEW

This website is operated by Bully Up Darts. Throughout the site, the terms “we”, “us” and “our”refer to Bully Up Dart Shop. Bully Up Online Darts Shop offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and / or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on and by Wiseguys and WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependants to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third partiesas to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Double Top Darts, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensor’s be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Double Top Darts and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensor’s, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at the following address.

Bully Up Darts

26 Ash Grove

Ringwood

Hampshire

BH24 1XT

United Kingdom

 

 

TERMS AND CONDITIONS OF COMPETITIONS

These terms shall apply to all competitions promoted by Bully Up Darts  (“Promoter”/Our(s)”) and reference to “Competition(s)” shall mean each competition operated by the Promoter via the Promoter’s website www.prizemancompetitions.co.uk (“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”).

ELIGIBILITY

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 OR until 75%of tickets are sold. All winners will be determined by google randomly generated number picker, all live draws will be streamed via live feed using Facebook live. (e) If any competition(s) competitions that exceed comp timer will be rolled over until 75% 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 or by postal entry (as provided below), 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 up to the amount of 3 entries for each Competition. Each account can have unlimited amount of entries, providing they are purchased on that account on behalf of other people.

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.

COMPETITION JUDGEMENT

16) The Promoter Will use Google random number generator to validate on the occasion of determining the winner of each of the Competitions (“the Winner”) will determine the Winner. 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.

WINNER’S DETAILS

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.

ELECTRONIC COMMUNICATIONS

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. How To enter the Competition for free: (free entry)

38) To enter the competition for free, send your: Name, Address, DOB, Contact phone number, desired number of choice, and correct answer for that competition. It’s not recommended to send via recorded delivery. Include your username, password, Competition title, chosen number, answer to question, full name, date of birth, email address, contact number and address. Post to Bully Up Darts, 26 Ash Grove, Ringwood, Hants, BH24 1XT Postal entries are limited to three competition entrant per postcard. The Entrant must specify which competition they wish to enter; they should also specify which number/s they desire. If the number/s not available by the time the postal entry has arrived and been processed a replacement random number/s will be allocated. The promoter will process all free entries on a Wednesday of each week. The free entries will be treated in the exact same manner as the paid entries, in addition the free entries will be entered into the ‘Live Draws’ in the same manner. Standard competition terms and conditions apply for free entries. Data Protection Notice and Policy Etc

39) 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.

40)  The Promoter’s holding of such details is 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) The Promoter will only process or hold your personal information as set out in the terms and privacy policy annexed here to Appendix A

42) 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.

DATA PROTECTION

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.

 

 

 

 

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