TERMS AND CONDITIONS
PARTICIPANTS SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING. YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS AND AGREED TO BE BOUND BY THEM WHEN PARTICIPATING IN THIS PROMOTION. THESE TERMS AND CONDITIONS INCLUDE LIMITATIONS ON YOUR RIGHTS AND REMEDIES.
1.1 The words below, when used in these terms and conditions, shall have the meaning given here:
– “Cash Prize Alternative” shall have the meaning at 7.2.1 and 7.2.2
– “Closing Date” shall have the meaning at 4.2.3.
– “Competition” shall have the meaning at 2.2.
– “Competition Page” shall have the meaning at 4.1.
– “Entry”/ “Entries” shall mean an entry/entries to a Competition.
– “Extending Competitions” shall have the meaning at 5.6
– “GoodWill Prize’’ shall have the meaning at 5.5.2
– “Main Prize” shall have the meaning at 7.1 and 7.2.
– “Main Prize Winner” shall have the meaning at 6.3.
– “Opening Date” shall have the meaning at 4.2.2.
– “Panel” shall have the meaning at 6.1.
– “Panel Pixel” shall have the meaning at 6.1.
– “Participant” shall mean a person who submits an Entry.
– “Prize” shall mean the Main Prize and any Runner-Up Prize.
– “Promoter” shall have the meaning at 2.1.
– “Runner-Up” shall have the meaning at 6.5.
– “Runner-Up Prize” shall have the meaning at 6.5.
– “Service” shall mean the website at www.diamondbrickroad.com
– “Tie-Break” shall have the meaning at 6.4.
– “Winner” shall mean the Main Prize Winner and any Runner-Up.
2 THE PROMOTER
2.1 The “Promoter” is Diamond Brick Road Limited, a company registered in England and Wales with company number 13828042 whose registered office is at 20-22 Wenlock Road, London, N1 7GU.
2.2 The Promoter will provide skill-based ‘spot the ball’ Competitions (each referred to as a “Competition”) which can be entered on the Service and which will result in the award of a Prize, subject to these terms and conditions.
3.1 A Competition is open to all UK residents aged 18 years or over, except:
3.1.1 employees of the Promoter or its holding or subsidiary companies;
3.1.2 employees of agents or suppliers of the Promoter or its holding or subsidiary companies, who are professionally connected with a Competition or its administration;
3.1.3 professional advisers or anyone else connected with the development or operation of the Service or Competition in any way;
3.1.4 any person who is a member of the Panel;
3.1.5 members of the immediate families or households of the persons listed at 3.1.1 – 3.1.4 above.
3.1.5 anyone who is a resident in a geographical location where spot the ball competitions are prohibited.
3.2 By entering a Competition, you confirm that you are eligible to do so and eligible to claim any Prize you may win. The Promoter may require you to provide proof that you are eligible to enter a Competition.
3.3 The Promoter will not accept Entries, and reserves the right to disqualify entries, that are:
3.3.1 automatically generated by computer;
3.3.2 completed by third parties;
3.3.4 joint submissions; or
3.3.5 submissions made on behalf of another person.
3.4 You may only have one account on the Service.
3.5 There is a limit of one-hundred and fifty (150) Entries per person for each Competition. If you exceed this limit, including by using multiple accounts, the Promoter reserves the right to void any Entries and if you have won a Prize, to award such Prize to the next eligible Participant and where the Prize has already been received to demand the return of such Prize forthwith.
3.6 If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, refuse or void any Entry.
3.7 Legal Undertaking
- By entering a Competition the entrant (‘Entrant’, ‘you’, ‘your(s)’) will be deemed to have the legal capacity to do so, you will have read and understood these Terms and Conditions and you will be bound by them and by any other requirements set out in any related promotional material.
- These Competitions are governed by English Law and any matters relating to the Competition will be resolved under English Law and the Courts of England shall have exclusive jurisdiction.
- In the event that you participate in a Competition online via the Website, and by accepting these Terms and Conditions you confirm that you are not breaching any laws in your country of residence regarding the legality of entering our Competitions. The Promoter will not be held responsible for any Entrant entering any of our Competitions unlawfully. If in any doubt you should immediately leave the Website and check with the relevant authorities in your country.
4 COMPETITION DETAILS
4.1 Each Competition will have a separate page on the Service (a “Competition Page”).
4.2 Each Competition Page will detail for the respective Competition:
4.2.1 particulars of the prize which can be won in such Competition;
4.2.2 the time and date when a Competition will open (the “Opening Date”); and
4.2.3 the time and date when a Competition will close (the “Closing Date”).
4.3 A Competition will be open from the respective Opening Date to the Closing Date.
4.4 Competition Entry Rules
- Competitions may be entered online via the Website or at a physical location. There are many categories of Competitions: Cash Competitions, Car Competitions, Prize Competitions, and Property Competitions (competition categories are subject to change at the discretion of the Promoter). One or more Competitions may be operated at the same time and each Competition will have specific prize options.
- Availability and pricing of Competitions are at the discretion of the Promoter and will be specified at the point of entry on the Website.
To enter a Competition at a Physical Locations, you will need to:
a) select the Competition you wish to enter, purchase your Competition entr(y)(ies) through our website or a member of staff at a stand operated by the Promoter and complete an electronic entry form to provide the operator on the stand with your contact details. You will be emailed a receipt with your order details and a link to your registered online account. You will need to check your details carefully and confirm to the Promoter’s representative that you have read and understood the declaration and the Competition terms and conditions.
4.5 Participants Account “Your Diamond Brick Road Account(s)
In order to enter a Competition, you will need to register an account with us.
- a) You can register an account online at www.diamondbrickroad.com or in person at one of our Physical Locations.
(i) To register an account online you will be asked to provide an email address that can be used to sign in to your account.
(ii) To register an account at a Physical Location you will be asked to provide an email address or if you do not have an email address, we will provide you with a dummy email address.
- b) Please note that your email address or dummy email will also be the username that you use to log in to your account. Each account can only have one username attributed to it at any given time (“Your Account”). Therefore, you cannot attribute multiple email addresses, dummy email addresses, or Facebook accounts to your DiamondBrickRoad Account. For example:
(i) You cannot have an email address and a Facebook account attributed to your DiamondBrickRoad Account.
(ii) You cannot have two or more email addresses attributed to your DiamondBrickRoad Account.
(iii) You cannot have an email address and a dummy email address attributed to your DiamondBrickRoad Account.
You can change your username for your DiamondBrickRoad Account by logging into your DiamondBrickRoad Account. For example, you can create your DiamondBrickRoad Account using one email address and at a later date change your username for your DiamondBrickRoad Account to another email address.
However, if you create multiple accounts using different email addresses, Facebook, and/or dummy email addresses, each username will be treated as a separate DiamondBrickRoad Account.
5 HOW TO ENTER A COMPETITION
5.1 To enter a Competition, you must register an online account on the Service and then submit an Entry.
5.2 You can register an account online on the Service or sign in to the Service via a social media account on Facebook or Twitter. As part of your registration, you must provide your name, age, and either your mobile number or email address. You must ensure that the details you provide to the Promoter are correct. If you sign in to the Service via a social media account, you must ensure that your name, age, email address, and contact number on such social media account are correct and current. The Promoter will not be responsible if it is unable to contact a Winner because the contact details provided directly or via a social media account are incorrect.
5.3 To submit an entry you must complete the following steps:
5.3.1 you must select a Competition you wish to enter;
5.3.2 you will then be provided with a photograph of a sports match and, using all the detail in the photograph, you must use your skill and judgment to identify the pixel(location) which you consider the Panel will conclude is the probable position for the center of the ball;
5.3.3 once you have selected a pixel(s), which will constitute your Entry/Entries, you will be required to pay for your Entry/Entries into the Competition;
5.3.4 when your payment for your Entry/Entries has cleared the Promoter will contact you by email to confirm your entry into a Competition.
- a) Please note that when entering online you will not be deemed entered into the Competition until you receive your Entr(y)(ies(s) confirmation by email.
(‘Website Entries’ and together with ‘Physical Location Entries’, referred to as ‘Entr(y)(ies)’)
5.4 By submitting an Entry, you are agreeing to be bound by these terms and conditions. Any Fees paid to Diamond Brick Road Ltd by the Entrants are non-refundable.
The Promoter reserves the right to refuse or disqualify any incomplete Entries if it has reasonable grounds for believing that an entrant has contravened any of these terms and conditions.
5.4.1 To the extent permitted by applicable law, all Entries become our property and will not be returned.
5.5 For help with Entries, please contact us at firstname.lastname@example.org.
5.5.1 Minimum Ticket Entry Requirement/Minimum Number Of Sold Tickets Requirement
- All competitions have a minimum ticket entry requirement, (see each competition details) in order for the Main Prize to be awarded these entry requirements must be met. If the Minimum Number of sold Tickets/Entries is not reached by the Competition Closing Date the Promoter reserves the right to retain a Management Fee of up to 40% of the total competition fund with the remainder of the fund being allocated to the Winner as an alternative GoodWill cash prize.
5.5.2 GoodWill Prize
- Goodwill Prize means a cash prize is awarded when the minimum ticket entries requirement is not met in any competition.
- If a competition fails to reach its minimum ticket entry threshold by the closing date, the competition will still go ahead and the winner of the competition will receive the GoodWill Prize instead of the Main Prize.
- The ‘Main Prize’ is only issued once minimum ticket entry requirements have been met.
- GoodWill Prize is the remaining funds available once the Promoter has taken the promotion and management fees for the competition in question.
5.6 Competition Promotion Periods and Extending Competitions
- Each Competition will run for a specified period. Please see each Competition for details of start and end times and dates (‘Promotion Period(s)’).
- If it is necessary to do so, the promoter reserves the right to change the opening & closing dates. If the promoter does change the opening date &/or the closing date of a competition, the new details will be displayed on the diamondbrickroad.com website.
- The Promoter may, at its sole discretion, and at any time during the Competitions up to the end of the Closing Date, bring forward the Closing Date to a new Closing Date, to be before and no later than the specified Closing Date in the event that the Stated Number Tickets or Entries have been sold. Also, the Promoter may, at its sole discretion, and at any time during the Competition up to the end of the Closing Date, extend the Competition Closing Date in the event that the Stated Number of Tickets or Entries has not been met a maximum of 4 times and extend no more than 30 days at each individual extension.
- closing dates will not be changed unless unavoidable circumstances beyond the control of the promoter make it necessary and either not to change the date would be unfair to those who sought to participate within the original terms, or those who sought to participate within the original terms will not be disadvantaged by the change.
6 HOW A COMPETITION WILL BE JUDGED
6.1 The Promoter will appoint a panel of judges (a “Panel”) to determine which pixel in the photograph the Panel considers to be the most likely position for the center of the ball (the “Panel Pixel”). The Panel may choose the Panel Pixel before or after the Closing Date. If the Panel selects the Panel Pixel before the Closing Date, the details of the Panel Pixel will be encrypted and stored securely on the Promoter’s database. If the Panel Pixel has not been selected before the Closing Date, the Panel will select the Panel Pixel within 14 days of the Closing Date. The decision of the Panel is final and binding and no correspondence or discussion will be entered into regarding their decision.
6.2 Within 14 days of the Closing Date, the location of the Panel Pixel will be compared against each Entry, to calculate the distance of the chosen pixel of each Entry from the Panel Pixel.
6.3 The winner of the Main Prize (the “Main Prize Winner”), will be the Participant whose Entry included the same pixel as the Panel Pixel, or if no Participant’s Entry included the Panel Pixel, the Entry which the Promoter determines to be closest to the Panel Pixel will be the winner. The Promoter’s decision shall be final and binding and no correspondence or discussion will be entered into regarding such decision.
6.4 A “Tie-Break” will occur where there are two or more Entries that are equidistant from the Panel Pixel and such Entries are the Entries that are closest to the Panel Pixel (each referred to as a “Tie-Break Entry”). In the event of a Tie-Break:
6.4.1 the Participant who submitted the first Tie-Break Entry will win the Main Prize;
6.4.2 the Participant who submitted the second Tie-Break Entry will be awarded 25 free entries to a future Competition.
6.4.3 any Participant who submitted a Tie-Break Entry after the second Tie-Break Entry will be awarded 10 free entries to a future Competition.
6.5 Any Participant awarded a Prize in accordance with 6.4.2 or 6.4.3 shall be referred to as a “Runner Up”. Any Prize awarded in accordance with 6.4.2 or 6.4.3 shall be referred to as a “Runner Up Prize”.
6.6 The Promoter will send the full names of the persons on a Panel, to anyone who writes to the Promoter at the address set out above at 2.1, within 30 days of the Closing Date of the respective Competition, requesting details of the Panel and who encloses a self-addressed envelope.
7.1 Subject to 7.2, the Main Prize in a Competition will be the prize specified on the respective Competition Page.
7.2 At the discretion of the Promoter, the prize specified on the respective Competition Page may be substituted with a prize or cash amount of equal or greater value – which will then constitute the Main Prize.
7.2.1 The winner has a choice of receiving the Main Prize or requesting a “Cash Prize Alternative” if a Cash Prize Alternative is specified on the page of the respective Competition.
7.2.2 The awarded amount of the “Cash Prize Alternative” will be specified on the respective competition page.
7.2.3 In the event that a cash alternative is requested by the Winner in lieu of property transference, the Winner or, as applicable Runner(s) Up can no longer take ownership of the Main Prize, and the Promoter will have no further liability to the Entrant or to any other person.
7.3 A Runner-Up Prize, as detailed above at 6.4.2 or 6.4.3, will only be awarded if there is a Tie-Break.
7.4 A Prize does not include any tax or duty which may be payable by a Winner to receive a Prize or which may become payable on receipt of a Prize. Any costs, including insurance, incurred that are incidental to the fulfillment of the Prize are the responsibility of a Winner.
7.5 A Prize is not negotiable or transferable.
8 AWARDING A PRIZE
8.1 The Promoter will attempt to contact a Winner personally as soon as practicable after the Winning Pixel has been selected, using the telephone number or email address provided by such Participant as part of their registration for an account on the Service or Entry.
8.2 If a Winner cannot be contacted within a period of 14 days of the Closing Date (which period may be extended at the election of the Promoter), or a Winner is disqualified as a result of breaching these terms and conditions, that Winner will forfeit the Prize and it will be awarded to the Participant with the Entry that contains the next closest pixel to the Panel Pixel. If a Prize has been forfeited, the original Winner will have no further claim against the Promoter.
8.3 Before a Prize will be delivered/transferred, a Winner will be required to provide a valid Photo ID to the Promoter to confirm their age and identity and a Winner will be required to prove they were validly permitted to use the payment method used to purchase an Entry. Should a Participant not complete these obligations, the Promoter reserves the right to disqualify the Participant’s Entry and choose an alternate winner.
8.4 Subject to compliance with 8.2 and 8.3 above, a Prize will be delivered to a Winner within 28 days from the date the Winner provided any required documents in accordance with clause 8.3.
8.5 A Prize may not be claimed by a third party on your behalf.
8.6 A list of Winners can be viewed on the Service.
9 LIMITATION OF LIABILITY
9.1 The Promoter will not accept:
9.1.1 responsibility for any Entry/Entries that are lost, mislaid, damaged, or delayed in transit, regardless of cause, including, for example, as a result of equipment failure, technical malfunction, systems, satellite, network, server, computer hardware, or software failure of any kind; or
9.1.2 proof of transmission as proof of receipt of an Entry.
9.2 The Promoter makes no representations or warranties as to the quality/suitability of any of the goods or services offered as Prizes.
9.3 The Promoter does not accept any responsibility if a Participant is not able to take up a Prize.
9.4 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 any person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods or Prizes by any person to a Winner, or in connection with any Competition.
9.5 The Promoter shall use reasonable endeavors to award the Prize to the correct Participant. If due to reasons of hardware, software, or other computer-related failures, or due to human error the Prize is awarded incorrectly, the Promoter reserves the right to reclaim a Prize and award it to the correct Participant, at its sole discretion and without admission of liability.
9.6 The Promoter reserves the right, at its sole discretion, to close a Competition early without selecting a Winner. In the event that a Competition is closed without selecting a Winner, the Promoter will provide Participants with a refund.
10 OWNERSHIP OF ENTRIES AND INTELLECTUAL PROPERTY RIGHTS
10.1 All Entries and any accompanying material submitted to the Promoter will become the property of the Promoter on receipt and will not be returned.
10.2 By submitting your Entry and any accompanying material, you agree to:
10.2.1 assign to the Promoter all your intellectual property rights with full title guarantee; and
10.2.2 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.
10.3 You agree that the Promoter may, but is not required to, make your Entry available on the Service and any other media, whether now known or invented in the future, and in connection with any publicity of a Competition.
11 DATA PROTECTION AND PUBLICITY
11.1 If you are a Winner, you agree that the Promoter may use your name and county of residence to announce a winner of a Competition and for any other reasonable and related promotional purposes.
11.2 By entering a Competition, you agree that any personal information provided by you with an Entry may be held and used only by the Promoter or its agents and suppliers to administer a Competition.
12.1 If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in a Competition.
12.2 The Promoter reserves the right to hold void, suspend, cancel, or amend a Competition where it becomes necessary to do so.
12.3 These terms and conditions shall be governed by English law, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.