Terms & Conditions

These Terms and Conditions set out the terms of use under which Users may use our Website Application (Website) and our Mobile Application (App)

Definitions

Promoter – “Phat Lads Competitions”, Phat Lads, our(s)’; https://phatlads.com  is the online trading name of Phat Lads Ltd (Company No. 13129151) whose registered office is 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ.

Websitehttps://www.phatlads.com

App – Phat Lads Competitions Mobile Application, our App

Prize(s) – The Prize(s) for each Competition will be specified and will remain at the discretion of the Promoter. An alternative cash amount will be offered at the Promoter’s discretion and will be up to a maximum of 70% of the value of the Prize(s).

Entrant – (‘Entrant’, ‘you’, ‘your(s)’ and/or ‘Customer’) the person who has an account on the Website or App and completes the Entry to the Competition. Only the Entrant shall be able to claim the Prize from the Competition.

Entry/Entries – A/multiple ticket number(s) randomly generated and allocated to the Entrant, a fee must be paid before the Entry will be valid. Payment must be made by the methods specified. Entry can also be made by the free-Entry route specified in clause 3.14.

Competition(s) – The Competition(s) will end once the timer has run out or the maximum number of Entries has been reached.

Standard Competition Terms

[1] Qualifying Persons

1.1. Promoter’, ‘our(s)’ operates various Competitions resulting in the allocation of Prizes in accordance with these Terms and Conditions on the Website.

1.2. Competitions are open to persons aged 18 or over who are resident in Great Britain. Employees of the Promoter or any person connected with the Promoter (through family, professional or commercial association) are subject to restrictions when participating in the Competitions. We may require identity documents to be provided to verify the individual’s age, to ensure that they are over the age of 18 as required by these Terms.    

1.3. The Promoter reserves the right to close a Customer’s account at any time, if they feel the Customer is abusing the services, being abusive to other Customers or staff or they have the belief that it is not genuinely the Customer that is entering.

1.4. The Promoter reserves the right to refuse a Customer’s Entry at the Promoter’s own discretion.

1.5. These Terms and Conditions apply to all Competitions.

[2] Legal Undertaking

2.1. By entering a Competition the Entrant will be deemed to have legal capacity to do so, you will have read and understood and accepted these Terms and Conditions and you will be bound by them and by any other requirements set out in any of the Promoter’s related promotional material.

2.2. Competitions are governed by English Law and all and/or any matters or disputes relating to the Competition will be dealt with and/or resolved under English Law and the Courts of England shall have exclusive jurisdiction. You understand Prize draws such as these are not considered gambling or “games of chance” under the 2005 Gambling Act and are not regulated as such. As these Competitions do not meet the regulatory definition of a “Game of Chance” or the regulatory definition of gambling.

2.3. In the event that you participate in a Competition online via the Website or using the App, and by accepting these Terms and Conditions you hereby 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.

[3] Competition Entry

3.1 Competitions may be entered via the Website or App. Multiple Competitions may be operated at the same time by the Promoter and each Competition will have a specific Prize or Prizes.

3.2. The Competition will run from and including the opening and closing dates specified on the Website and App. These dates shall be referred to as the “Opening Date” and “Closing Date” respectively. All times and dates referred to are the times and dates in London, England.

3.3. If it is absolutely necessary to do so, the Promoter reserves the right to change the Opening and Closing Dates. If the Promoter does change the Opening Date and/or the Closing Date of a Competition, the new details will be displayed on the Website and App. The Promoter will not extend the Closing Date simply to sell more Entries.

3.4. All Competition Entries must be received by the Promoter by no later than the specified time on the Closing Date. All Competition Entries received after the specified time on the Closing Date may be disqualified without a refund. 

3.5. The maximum number of Entries to the Competition will be stated on the Website and App. The number of Entries you are able to make may be limited if the maximum number of Entries is reached.

3.6. Entrants can enter each Competition as many times as they wish up to 10% of the total number of Entries for the Competition. Entrants submitting free Entries (see clause 3.14. for how to enter for free) must submit each Entry separately. Bulk Entries, if received, will not be accepted and will only be counted as one single Entry. Entries may be limited if the maximum number of Entries for the Competition is reached.

3.7. Availability and pricing of Competitions is at the discretion of the Promoter and will be specified at the point of sale on the Website and App. There is no requirement to pay to enter any Competition, as each Competition has a free Entry route available – see clause 3.14. for details of how to enter for free. The availability of a free Entry route to enter each Competition means that the Competition does not fall within the definition of gambling under the Gambling Act 2005 and can be operated legally in Great Britain without any need for a licence.

3.8. In order to enter a Competition (including free Entry), you will need to register an account on the Website or App. To register an account on the Website or App you will be asked to provide an email address or sign in via a social media account, such as Facebook, Instagram, Twitter or Google (‘Social Media Account’).

3.9. To enter the Competition online:

(a) Go to the Website or App and view the Competition Question;

(b) Select your answer to the Competition question and required number of Entries; then

(c) Complete the checkout process and submit the online registration form; then

(d) Complete the payment to receive your order confirmation.

(e) You may repeat this process as many times as you wish up to the maximum number of tickets allowed per Entrant, or until the total quantity of tickets have been allocated.

 (f) When your payment has cleared we will then contact you by email to confirm your Entry into the Competition and ticket numbers. Please note that when entering on the Website, via the App and/or by post you will not be deemed entered into the Competition until we confirm your Entry which will be confirmed by the confirmation email.

3.10. The Promoter reserves the right to refuse or disqualify any incomplete Entry if it has reasonable grounds for believing that an Entrant has contravened any of these Terms and Conditions.

3.11. To the extent permitted by applicable law, all Entries become the Promoter’s property and will not be returned.

3.12. The Promoter will not accept responsibility for Competition Entries that are not successfully completed, are lost or are delayed regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.

3.13. By purchasing Entries and submitting a Competition Entry, you are entering into a contract with the Promoter and are agreeing to be bound by these Terms and Conditions.

3.14. You may enter the Competition for free by post by complying with the following conditions:

(a) To enter via this method the Entrant must first create a free account on the Website or App (if they do not already have one). Entrants must have created an account on the Website or App for the free Entry to be processed. All details MUST correspond to the details on the account. Postal Entries received without a registered account cannot be processed.

(b) Send your Entry on an unenclosed postcard by first or second class post to the Promoter at the following address: c/o Phat Lads Competitions, Wood House, Etruria Road, Hanley, Stoke on Trent, ST1 5NQ, United Kingdom; hand delivered Entries will not be accepted and will not be entered into the random draw;

(c) Include with your Entry the following information: your full name; your address; your date of birth; contact telephone number; email address used to create the free account on the Website or App; the Competition you are entering and your answer to the Competition question.

 (d) Incomplete or illegible Entries will be disqualified and not processed.

 (e) Postal Entries are limited to the maximum equivalent number of online Entries permitted for the Competition and each individual Entry must be on its own unenclosed postcard. Bulk Entries enclosed in an envelope will be treated as one Entry. You must not complete any other Entry for any other person as this will result in a ban on all future Entries by any method. We address check and identify all winners and methods use to circumvent our rules will result in forfeiture of Prizes.

(f) By entering the Competition, you are confirming that you are eligible to enter and accept these Terms and Conditions;

(g) Your Entry must be received by the Promoter prior to the Closing Date. Entries received after the Closing Date will not be processed or entered into the random draw. Proof of posting does not guarantee you will be entered into the random draw; if the number of Entries reaches any cap or limit before your free Entry is received, you will not be entered into the random draw. It is the Entrant’s sole responsibility to ensure that their Entry is received by the Promoter in advance of the deadline.

(h) The Promoter is under no obligation to confirm whether or not an Entry was received prior to the deadline or if it met all the terms of Entry. It is your obligation to make sure that all Entries comply with our Terms.

(i) All entries must be submitted in the English language. Entries in languages other than English will automatically be disqualified and no refund will be given.

(j) A random ticket number will be allocated per valid postcard entry and the Entrant will be emailed confirmation of their ticket number. All Competitions will have enough tickets reserved for at least 4 days to provide enough time for the postal Entries to reach us. Entrants will have an equal chance of winning using the postal entry method as those that have paid to enter.

[4] Promotion Periods

4.1. Each Competition will run for a specified period. Please see each Competition for details of start and end times and dates (‘Promotion Period(s)’).

[5] Competition Judgement

5.1. ‘Phatlads’ winning Entrant will be selected at Random using a number generator live on Facebook (see Phat Lads Competition Facebook page for Live draw dates), full details will be confirmed once the draw has been concluded via either of the explained ways. The decision will be made within 48 hours of the close of the Competition for the exact date/time. The result will be live streamed on Facebook (or such other live streamed internet channel as the Promoter chooses).

5.2. Due to the nature of the selection, there will only be one Winner per Competition, unless the Promoter states otherwise.

5.3. The Promoter will attempt to contact winners of Competitions (referred to herein as ‘Winner(s)’) using the telephone numbers and email address provided at the time of Entry (or as subsequently updated) and held securely in our database. It is the Entrant’s responsibility to ensure that these details are accurate, up to date and complete. If for any reason these details are taken down, inputted and/or submitted and/or recorded in any way by you incorrectly, the Promoter will not be held responsible for any consequences of this of whatever nature and howsoever arising. Entrants must carefully check their contact details have been recorded correctly.

5.4. If for any reason the Promoter is unable to contact a Winner within 5 working days (which may be extended at the sole discretion of the Promoter) of the end of a Competition, or the Winner fails for whatever reason or cause to confirm acceptance of the Prize and/or the Winner is disqualified as a result of not complying with or contravening any of these Terms and Conditions, the Winner hereby agrees that it will immediately, irrevocably and automatically forfeit the Prize and the Prize will remain in the possession and ownership of the Promoter.

5.5. The Promoter reserves the right at its sole discretion to extend the closing date of any Competition, if for any reason any aspect of the Competition is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Competition. The Promoter may in its sole discretion cancel, terminate, modify or suspend a Competition, or invalidate any affected Entries. In the event that the Promoter closes a Competition early, the Winner may be selected from all valid and eligible Entries received by the Promoter prior to the date of closure, except that 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 give all Entrants a site credit for each purchased Entry to enable them to replay equivalent Tickets in subsequent Competitions.

5.6. All Entrants are automatically entered onto the Promoter’s database for the purpose of conveying information as to the status of their Competition, as well as any future Promotions or Competitions offered by the Promoter.

[6] Winner’s Details

6.1. The Winner will be required to show proof of identification on delivery of the Prize. Any failure to meet this requirement may result in the Winner being disqualified and the Promoter retaining the Prize.

6.2. All Winners will be asked for their consent by the Promoter to provide photographs and/or pose for photographs and videos and have their personal details (including details of any Prize won by them) included in marketing material. If a Winner consents to the above, the foregoing photographs, videos and marketing material may be used in future marketing and public relations by the Promoter in connection with the Competition and in identifying them as a Winner of a Competition.

6.3. Following receipt and verification of the details requested above by the Promoter and provided that the Winner has satisfied these Terms and Conditions, the Winner(s) will be contacted in order to make arrangements for delivery of the Prize.

[7] Competition Prizes

7.1. The Prize for each Competition is described on the Website and App (the “Prize”). Details of the Prize are, to the best of the Promoter’s knowledge, information and belief, correct as at the Opening Date.

7.2. Prizes are subject to availability. The Promoter reserves the right to substitute any Prize with a Prize of equal or greater value. If any details of the Prize change, the Promoter will endeavour to update the Website and App as soon as reasonably possible.

7.3. The Promoter makes no representations and gives no warranties about the Prize, its value, its condition or any other information provided on the Website or App. The Promoter makes no representations and gives no warranties that the information provided on the Website or App is accurate, complete or up to date. If the Prize is a vehicle:

(a) The Promoter will, unless otherwise stated, ensure it comes with a valid MOT (if required);

(b) No insurance is included with the Prize and it is the Winner’s responsibility to ensure the vehicle is adequately insured prior to taking it on the public roads (if it is legal to do so);

(c) The Promoter has no responsibility for the Prize(s) once it has been delivered. The Winner is solely responsible for complying with all relevant laws and regulations relating to the Vehicle, its operation and ensuring they operate it in a safe and responsible manner;

(d) No vehicle/road tax is included;

(e) The Winner is responsible for ensuring they have the necessary licences, qualification, knowledge and experience to operate the vehicle safely and legally;

(f) The Winner is solely responsible for ensuring they have all necessary safety equipment and clothing (for example, helmets, boots and gloves) and for wearing them whilst operating the vehicle.

7.4. The Prize may be supplied by a third-party supplier (the “Supplier”). Details of the Supplier (if any) will be provided on the Website and App.

7.5. The Promoter reserves the right to substitute the Prize for an alternative cash prize (“Cash Prize”) in the following circumstances:

(a) The Prize becomes unavailable;

(b) Other circumstances beyond the reasonable control of the Promoter make it necessary to do so;

7.6. The prize is not negotiable or transferable.

7.7. Where the prize is a holiday, event or day trip:

(a) The number of people, class of transport and type of carrier, travel destination, nights and available dates will be listed in the Competition description. The Prize does not include travel insurance, the cost of transfers to and from airports or stations, food and drink, spending money, tax or personal expenses. Any other costs incurred in addition to those set out above and that are incidental to the fulfilment of the Prize are the responsibility of the winner(s).

(b) You will be responsible for ensuring that you and any person travelling with you are available to travel and hold valid passports, any necessary visas and travel documents for the holiday in question on the travel dates specified.

7.8. The Promoter is the owner of the Prize until such time as it is handed over to the winning Entrant. It is the responsibility of Entrant to make any enquiries or legal advice before entering the Competition as the Promoter does not hold any responsibility for the valuation of the prize.

7.9. The Promoter takes no responsibility for the Prize awarded after delivery has taken place. Once the Winner receives the Prize, the Promoter does not insure the Prize. No insurance comes with the Prizes and the Promoter is not responsible for the Prize once it has been handed over to the Winner.

7.10. The Prize will be delivered by the Promoter either in person or via a courier/delivery service. Standard delivery of the Prize is free-of-charge but a cost may be applicable for bespoke delivery requirements, including redelivery charges.

7.11. The Promoter is not responsible for any courier/delivery service Prizes that are lost or broken in transit.

7.12 The Winner hereby agrees that all Prizes are subject to and are conditional on the Terms and Conditions of the Promoter, Prize provider, manufacturer and/or supplier and/or anyone that is involved in the provision or delivery of the Prize to the Winner.

[8] Claiming the Prize

8.1. You must claim the Prize personally. The Prize may not be claimed by a third party on your behalf. Details of how the Prize will be delivered to you (or made available for collection) are published on the Website and App (clause 7.10), or available on request.

8.2. If your personal details, including contact information, changes at any time you should notify the Promoter as soon as reasonably possible. Notifications should be sent to the Promoter via email to contact@phatlads.com . Notifications must include details of the Competition you have entered, your old details and your new details. If your details change within 10 days of the Closing Date, the Promoter will use your old details if it needs to try to contact you.

8.3. Any Cash Prize will be transferred directly to the Winner’s nominated bank account. The Winner must provide evidence that it is the sole or joint beneficiary of the bank account. Failure to do so within 14 days will result in disqualification from the Competition and the Winner forfeiting the Prize. In such circumstances, the Promoter reserves the right to offer the Prize to the next eligible Entrant selected from the correct Entries that were received before the Closing Date.

8.4. The Promoter does not accept any responsibility and is not liable to pay any compensation if you are unable to or do not take up the Prize.

8.5. If the Prize of the Competition is a motor vehicle it will be transferred from the Promoter to the winning Entrant using the V5 for the vehicle. This must be completed before the vehicle is handed over and it is the responsibility of the Winner to tax and insure the vehicle and the Promoter will not be responsible for the vehicle once handed over. The Winner will be provided with a Bill of Sale at the point of handover.

[9] Winners’ Personal Data & Publicity

9.1 Subject to the Winner’s consent, the Winner may be asked to have their photo and video taken by the Promoter for promotional purposes (Public Relations and Marketing).

9.2. If you are the Winner of the Competition, you agree that the Promoter may use your name, image and town or county of residence to announce the Winner of this Competition. You further agree to participate in any reasonable publicity required by the Promoter without any additional compensation (save for reasonable travel expenses) if you are declared a Winner.

9.3. If you do not wish to participate in any publicity, you must notify the Promoter prior to the Closing Date. This will not affect your chances of winning the Prize. If you do not agree to participate in any publicity about the Competition we may still provide your details to the Advertising Standards Authority. This is a legal requirement that we must comply with to prove that the Competition has been properly administered and the Prize awarded.

9.4. If you are the Winner of the Competition, you may be required to provide further personal information and proof of your identity in order to confirm your eligibility to claim the Prize and transfer ownership of the Prize to you. You consent to the use of your information in this way. You are entitled to request further details about how your personal information is being used. You may also withdraw your consent to your personal information being used in such way but by doing so you may prevent the Prize being transferred to you. In such circumstances, you will be deemed to have withdrawn from the Competition and forfeit the Prize. You will not be entitled to any refund of your Entry fee. The Promoter reserves the right to offer the Prize to the next eligible Entrant selected from the correct entries that were received before the Closing Date.

9.5. Please note that under data protection laws you are entitled to request that the Promoter does not contact you and removes your details from its database. If you make such a request you will be withdrawing from the Competition as it will not be possible to contact you in the event that you are the Winner. You will not be entitled to any refund of any Entry fee if you withdraw from the Competition. If you do not wish any of your personal details to be used by the Promoter for promotional purposes, please email the Promoter at contact@phatlads.com prior to the Closing Date.

[10] Limits of Liability

10.1. The Promoter makes or gives no representations and/or warranties and/or assurances of whatever nature and howsoever arising (and whether in writing or otherwise) as to the quality, suitability and/or fitness for any particular purpose of any of the goods or services advertised, offered and/or provided as Prizes. Except for liability for death or personal injury caused by the negligence of the Promoter and/or for any fraudulent misrepresentations and/or for any events and/or circumstances to the extent that they cannot be excluded or limited by law. The Promoter shall not be liable for any loss suffered or sustained to 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 by any person to the Prize Winner(s) and, where applicable, to any family/persons accompanying the Winner(s), or in connection with any of the Competitions promoted by the Promoter.

10.2. The total maximum aggregate liability of the Promoter to each Winner shall be limited to the total value of each Prize that has been won by the relevant Winner.

10.4. Nothing in these terms and conditions shall prevent you making claims to the extent that you are exercising your statutory rights.

[11] Electronic Communications

11.1. No responsibility will be accepted 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. 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 Competition prize and award it to the correct Entrant, at its sole discretion and without admission of liability.

11.2. The Promoter shall not be liable for any economic or other consequential loss suffered or sustained to 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, website(s) and App used to operate its Competitions perform correctly and accurately across the latest versions of popular internet, tablet and mobile browsers.

[12] Data Protection Notice & Publicity

12.1. 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 to administer the competition and fulfil 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.

[13] Validation

13.1. The Promoter hereby reserves the right not to give or make a Prize until it is satisfied that (a) the Winner has a validly registered Website or App account and/or is not in breach of these Terms and Conditions, (b) any and/or all amounts due or owing by you to the Promoter have been paid in full, (c) the identity of the Winner and his or her entitlement to receive the Prize has been established to the Promoter’s satisfaction (in particular, the Promoter reserves the right to request documentary proof of identity and not to give or make a Prize until satisfied appropriate proof of identity has been provided), and (d) the Promoter may require proof of age to be produced before giving or making a Prize. Prizes will not be given or made to Winners found to be under the age of 18.

13.2. Without prejudice to rule 13.1 above, the Promoter reserves the right not to make or give a Prize if it reasonably suspects the occurrence of fraud in relation to a Competition. The Promoter reserves the right to void any Prize Wins including Instant Wins which are deemed to have been won in a manipulative manner such as, but not limited to excessive failed orders, failed payments or suspicious account activity. In these circumstances it is entirely the Promoter’s discretion as to whether a Prize Win will be honoured.

13.3. The Promoter may, at its absolute and sole discretion, give or make a Prize to a person whom it is satisfied is the duly authorised representative of the Winner acting under a lawfully executed power of attorney or other equivalent authorisation.

[14] Your Account

14.1. You must keep your account password secure and secret at all times and take steps to prevent it being used without your permission. You must (a) memorise your password and never tell it to anyone, (b) never write your password down (including on your computer or other electronic device) or record it in a way that can be understood by someone else, (c) destroy any communications from the Promoter in relation to your password as soon as you have read them, (d) avoid using a password that is easy to guess, (e) ensure that no-one else (apart from you) uses your account while you and/or your devices are logged on to the Website or App (including by logging on to your devices through a mobile, Wi-Fi or shared access connection they are using), (f) log off or exit from your account when not using it, and (g) keep your password or other access information secret,

14.2. Your password and login details are personal to you and should not be given to anyone else and/or used to provide shared access e.g. over a network. You must use a password which is unique to your account, and maintain good internet security

14.3. You must contact the Promoter immediately if you believe, suspect or know that anyone apart from you has used your account and/or given any instruction in relation to it without your permission, or if you believe, suspect or know someone else knows your password.

14.4. If you forget your password, you can reset it by following the instructions on the Website or App (as long as you can provide the relevant security information requested or required by the Promoter).

14.5. The Promoter shall not be responsible and/or liable for any and/or all consequences arising out of and/or relating to any and/or all breaches of this rule by you. Furthermore, the Promoter shall not in any event be responsible and/or liable for any actions and/or inactions that you may take and/or consequences that you may suffer and/or incur as a result of using and/or in connection with the Website or App.

[15] Changes

15.1. We may revise our Terms and Conditions from time to time and will post the most current version on the Website as soon as possible after the revised Terms and Conditions become effective. Please check this page periodically to ensure you understand the Terms and Conditions that apply at that time. By continuing to access and/or use the Website and/or App after the revisions come into effect, you agree to be bound by the revised Terms and Conditions. We may also update and change the Website and Competitions from time to time to, amongst other things, reflect changes to our offering, Website, App, IT systems and/or our users’ needs and/or feedback.

[16] Unauthorised Use & Expiry of Your Debit or Credit Card

16.1. If you notify your nominated bank (or building society) or credit card provider that your debit or credit card has been used without your permission in relation to a Competition and your nominated bank (or building society) or credit card provider asks the Promoter to return the relevant amount to your nominated bank (or building society) or credit card account, the Promoter may suspend your account and ask you to contact the Promoter. The Promoter accepts no responsibility and will have no liability for any chargebacks.

16.2. If your debit or credit card is due to expire, the Promoter will use reasonable efforts to return the funds in your account to your debit or credit card before midnight on the day it expires. If it is not able to do so, the Promoter will use reasonable efforts to alert you of this and you should, in these circumstances, contact the Promoter to arrange another appropriate way for the Promoter to return the funds to you.

[17] Use of the Website and App

17.1. You hereby agree that (a) the Website or App and the Competitions are for your own personal, non-commercial use, and (b) you are only allowed to use your account and the Website or App and enter Competitions via your account, as set out in these Terms and Conditions.

17.2 You also hereby agree that you will only use your account and enter Competitions and access and/or use the Website or App in an appropriate and lawful manner. You will not (a) receive, access and/or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including, without limit, copyright) and/or otherwise objectionable and/or unlawful, (b) knowingly and/or recklessly transmit any content (including, without limit, viruses) through the Website and/or the Promoter’s software and IT systems which will cause, or be likely to cause, (i) detriment and/or harm, in any degree, to the Website, the Promoter’s software and IT systems owned and/or operated by the Promoter and/or others, and/or (ii) loss of and/or damage to data, (c) hack into, make excessive traffic demands on or cause any impairment of the functions of any computer system, deliver or forward chain letters, “junk mail” of any kind, surveys, contests, pyramid schemes or otherwise engage in any behaviour intended to prevent others from playing entering Competitions and/or using the Website or App and/or any other website, and/or which is otherwise likely to damage the reputation and/or business of the Promoter and/or of any third party, and/or (d) authorise or allow anyone to do so.

17.3 You hereby agree to indemnify the Promoter against any and/or all costs, losses, damages and expenses which the Promoter may suffer and/or incur arising out of and/or in relation to any claim, legal proceeding and/or demand made by any third party due to and/or arising out of your unlawful, wrongful and/or negligent access and/or use of your account, the Website and/or App and/or the Promoter’s software and/or IT systems, and/or breach by you of these Terms and Conditions.

17.4 There is no guarantee that the Website or App will display correctly on all devices it can be viewed on.

17.5 The Promoter is the owner or licensee of all the copyright, trademarks and other intellectual property rights in, to and in respect of the Competitions and the Website and/or App, and you will not acquire any rights in any of these.

17.6 Trademarks, service marks, logos, trade names, source identifiers and/or proprietary designations (“Trademarks”) of the Promoter used on and/or in connection with the Website or App and the Competitions are trademarks of the Promoter. Trademarks of third parties used on and/or in connection with the Website and App, the Competitions are used for identification purposes only and may be the property of their respective owners.

[18] Mobile Application Licence 

18.1. Use Licence – If you access the Promoter’s Offerings via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Terms of Use. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (c) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licencors of the application; (e) use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

18.2. Apple and Android Devices – The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Promoter’s Offerings: (a) the licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (b) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application licence contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (c) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (d) you represent and warrant that (i) you are not located in a country that is subject to a U.K. government embargo, or that has been designated by the U.K. government as a “terrorist supporting” country and (ii) you are not listed on any U.K. government list of prohibited or restricted parties; (e) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (f) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Terms of Use against you as a third-party beneficiary thereof.

[19] General

19.1. The Competitions on the Website and App are in no way sponsored, endorsed, administered by or associated with Facebook. By entering the Competitions, Entrants agree that Facebook has no liability and is not responsible for the administration or promotion of the Competitions.

19.2. You should print a copy of these Terms and Conditions and keep them for your records.

Updated: 7th November 2022.

Promoter: https://phatlads.com/

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