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CLIENT ACCOUNT

Terms and conditions

NEXT GIVEAWAYS TERMS OF USE

  1. ABOUT US
    1. NEXT GIVEAWAYS Limited (‘Promoter‘, ‘we‘ ‘us‘ ‘our(s)‘) with company number 12550861 and registered office at Central House, 20 Central Avenue, St Andrews Business Park, Norwich, NR7 0HR operates prize competitions at selected events and on our apps and website https://nextgiveaways.com (the ‘Website‘). 
    2. We run several categories of prize competitions on the Website: ‘Skill-based Competition(s)‘ and ‘Free Entry Competition(s) (each a ‘Competition‘ and together referred to as the ‘Competition(s)‘).
  2. APPLICABILITY AND ACCEPTANCE
    1. By using the Services (see clause 2.2 below for how ‘Services’ is defined), you are entering into a legally binding agreement with us, which is comprised of:
      1. these general terms of use (‘Terms of Use‘);
      2. any rules that apply to specific Competitions that we offer (‘Competition Rules‘); and
      3. any terms that apply to specific promotional activities that we may offer (‘Promotional Terms‘).

Together, the Terms of Use, the Competition Rules and the Promotional Terms shall be referred to as the ‘Terms and Conditions‘.

  1. The Terms and Conditions apply to you whenever you use any of our apps and/or the Website, register for an account with us, enter into any Competition, purchase any tickets to enter online Competitions (‘Tickets‘), participate in any of our promotional activities, win any prize, engage with any of our social media pages, or otherwise use, access and/or interact with any of the products, services or functionality offered by us, which are collectively referred to as the ‘Services‘.
  2. The Competitions that we offer may have their own Competition Rules, which are additional terms and conditions containing information and requirements that apply to your entry into that specific Competition. The relevant Competition Rules can be found in the corresponding Competition page(s) of our apps and the Website.
  3. We may decide to offer various promotional activities in connection with certain Competitions, including loyalty schemes, bonus offers, vouchers, discount codes, and site credits which may be redeemed by logging into your Click Account and used to enter Competitions. For example, for a limited amount of time during a Promotion Period (see clause 10.1 below for how ‘Promotion Period’ is defined), we may offer site credits which are balances that can be used on our apps and/or the Website as a discount to the cost of entry into Competitions but cannot be withdrawn or used other than to enter that Competition (‘Website Credits‘). Any Promotional Terms that apply to a specific promotional activity will be made available on our apps and/or the Website.
  4. In the event that there is any conflict or inconsistency between the Terms of Use, the Competition Rules, and/or the Promotional Terms, the order of priority in which they shall apply will be: the Promotional Terms, then the Competition Rules, then the Terms of Use.
  5. CHANGES TO THE TERMS AND CONDITIONS
    1. We may make changes to the Terms and Conditions from time to time (for example, we may do this to comply with a change in applicable law), and we may provide you with notice of such changes, provided that where we make any material changes to the Terms and Conditions then we will attempt to provide reasonable notice to you in advance of making such changes, where reasonably possible. However, we also recommend that you periodically check our apps and the Website for updates. Your continued use of the Services will be deemed as binding acceptance of any changes. If you do not agree to the changes, you must immediately close your Click Account and stop using the Services.
  6. ELIGIBILTY
  7. The Services are intended to be offered to persons whose legal permanent residence is in the United Kingdom (‘UK‘). 
  8. You must be at least 18 (eighteen) years old to use the Services, and by registering an account with us, you confirm that you are aged 18 (eighteen) or older and have capacity to enter into a legally binding contract with us as set out in the Terms and Conditions.
  9. By using the Services, you confirm that you are not breaching any laws in the country where you hold legal permanent residency and/or any jurisdiction from which you access and use the Services. We do not intend that the Services be used by persons in jurisdictions where such activities are prohibited by applicable law, and we will not be held responsible nor accept any liability for your unlawful use of the Services in such circumstances. If in any doubt, you should immediately cease using the Services and check with the relevant authorities in the relevant jurisdiction. In addition to the foregoing obligations, you acknowledge and accept that you must not use the Services from any of the following prohibited jurisdictions: Cuba, Iran, North Korea, Syria, Venezuela, The following regions of Ukraine:  Crimea, Donetsk, Kherson, Luhansk, Zaporizhzhia, Afghanistan, Belarus, Burundi, the Central African Republic, the Democratic Republic of Congo, Republic of Guinea, Republic of Guinea-Bissau, Iraq, Lebanon, Libya, Mali, Myanmar (Burma), Nicaragua, Russia, Somalia, Sudan, South Sudan, Tunisia, Yemen, and Zimbabwe.
  10. If we become aware that you have accessed or used the Services from a country where it is unlawful for you to do so and/or which is listed as a prohibited jurisdiction in clause 4.3, then we will revoke your participation in any and all Competitions, and any prizes, Tickets, entries, Website Credits and/or other promotional activities associated with your Click Account (see clause 8.1 below for how ‘Click Account’ is defined) will be void.
  11. LICENCE TO USE THE SERVICES
    1. Subject to your compliance with the Terms and Conditions, we hereby grant to you a limited, revocable, personal, non-transferable, non-exclusive, and non-sublicensable licence to use the Services for your non-commercial use. You are not permitted to, and you agree not to permit or assist others to, copy, modify, decode, disassemble, reverse engineer or create derivative works based on the Services, or attempt to transfer, loan, lease, assign, sublicense, sell, or otherwise grant rights in or to the Services. Any use of the Services otherwise than as specifically authorised in the Terms and Conditions is strictly prohibited and where this occurs, we may suspend or terminate the licence with or without prior notice to you.
    2. The Services, including all text, graphics, images, photographs, videos, illustrations, and other content contained in the Services (including any such content and other interfaces on our apps and the Website), and all intellectual property rights in the Services are owned by the Promoter or our licensors. The Services and all intellectual property in the Services are protected by intellectual property law, and you may not copy, imitate, reproduce, or modify them, in whole or in part, without our prior written permission. You acknowledge and accept that, by using the Services, you do not have or otherwise acquire any licence or right (including any implied right) to use the Services otherwise than as expressly permitted under the Terms and Conditions.
  12. ACCESS AND AVAILABILITY OF THE SERVICES
    1. We will provide the Services using our reasonable skill and care and we will use reasonable efforts to ensure the smooth maintenance and operation of the Services, but we do not warrant or represent that any aspect of the Services (including the availability of our apps and/or the Website) shall be uninterrupted or error-free, free from viruses or other harmful components, or that you will be able to access or use the Services at any time or location of your choosing. You are solely responsible for ensuring that you can access the Services, including ensuring that you have a secure internet connection to use the Services. 
    2. We will use reasonable efforts to award the prize for a Competition to the correct entrant. If, due to reasons of hardware, software or other computer related error, failure, bugs or the unintended operation of any technical systems or software, or due to human error, the prize is awarded to an entrant incorrectly, we reserve the right to reclaim the Competition prize and award it to the correct entrant, in our sole discretion and without admission of liability. If we incorrectly deliver a prize to you, you are obliged to promptly notify us upon your discovery of the error, take reasonable care of the prize whilst it is in your possession, and return the prize to us (in the same condition in which you received the prize) within 14 (fourteen) calendar days of receiving our return instructions. The Promoter shall bear your reasonable costs of any such return delivery.
    3. We reserve the right to, at any time in our sole discretion, do any of the following: (i) implement any technical changes or improvements to the Services; (ii) fix bugs, system failures or software issues; (iii) improve the security of the Services; and (iv) ensure compliance with applicable laws. Where we make any other modifications to the Services (including by withdrawing, suspending, removing, amending, or altering products), we will try to provide prior notice to you, where possible, provided that some amendments to the Services may need to be made with immediate effect and without notice.
    4. You hereby acknowledge and accept that in accordance with applicable law, we have the right to suspend, delete, terminate and/or disable your Click Account and/or remove your access to the Services: (i) immediately, without notice, where you have breached any provisions of the Terms and Conditions (including, for the avoidance of doubt, where you engage in any of the prohibited activities provided in clause 7.1); or (ii) for any reason by providing reasonable notice in advance, where reasonably possible. If we have reasonable grounds to suspect that you have engaged in any of the prohibited activities provided in clause 7.1, then we may immediately suspend your Click Account whilst we consider the matter further and during this period of suspension, you agree to cooperate with our investigations and you will not be able to access your Click Account (including any Tickets you have purchased). If we determine in our reasonable discretion that you have engaged in a prohibited activity, then we shall be entitled to permanently close your Click Account, remove your access to the Services, withhold, void, or demand the return of, any prizes, and share your details with any relevant law enforcement agencies and/or regulatory authorities.  
  13. PROHBITED ACTIVTIES
    1. You may only use the Services in accordance with these Terms and Conditions. You acknowledge and accept that you will not, nor will you assist nor encourage another to, engage in any of the following prohibited activities in connection with the use of the Services:
      1. engage in any form of fraudulent, improper or illegal activity, or any form of collusion or cheating; 
      2. provide incorrect, inaccurate or misleading information when registering for your Click Account;
      3. create or use multiple Click Accounts;
      4. allow someone else to use your Click Account (whether intentionally or unintentionally) or if you use or attempt to use another user’s Click Account;
      5. interrupt, interfere with, attack, disrupt, manipulate, gain unauthorised access to, or introduce any viruses, trojans or other malicious material into, our apps, the Website or any servers, software, systems or databases used in connection with the provision of the Services (or attempt to do any of the foregoing);
      6. use any device, software, or routine that interferes with the proper functioning of, or any other person’s use of, the Services;
      7. breach, impair, interfere with, or circumvent any security systems or measures used to protect the Services (or attempt to do any of the foregoing);
      8. use any artificial intelligence tools when accessing the Services or data mining or extraction methods intended to scrape or extract data from the Services;
      9. collect or store any personally identifiable information from other users of the Services;
      10. develop or use any applications, software or APIs that interact with the Services without our prior written consent;
      11. in our reasonable discretion, engage in any activity which is objectionable, restricts or inhibits any other person from using or enjoying the Services, or may expose us to any harm or liability of any kind;
      12. use the Services if you are under 18 (eighteen) years old in breach of your obligations set out in clause 4.2;
      13. use the Services or access your Click Account in breach of your obligations provided in clause 4.3, including where you use a VPN to disguise your location to use the Services or access your Click Account; 
      14. engage in any abuse and/or harassment of our employees; or
      15. make any comments about Click which are, or create any posts or content in relation, or referring, to Click which is, unlawful, libelous, defamatory, obscene, pornographic, indecent, vulgar, harassing, threatening, violent, invasive of another’s privacy or publicity rights, abusive, inflammatory, fraudulent, and/or discriminatory or derogatory of any ethnic, racial, gender, or religious group.
  14. CLICK ACCOUNTS
    1. In order to use the Services, you will need to provide certain personal information to register an account with us via our apps and/or the Website (‘Click Account‘).
    2. To register a Click Account, you need to follow the registration process on any of our apps or the Website. Please note that youremail address will be used as the username that you will use to log in to your Click Account; each Click Account can only have 1 (one) username attributed to it at any given time, and you cannot attribute multiple email addresses to your Click Account.
    3. You can only register 1 (one) Click Account with us, and if you open multiple Click Accounts then we may close any additional Click Accounts that you have and/or void any prizes which have been won by you using such additional Click Accounts and you shall be required to return any such prizes which have been delivered to you (in accordance with the process provided in clause 6.2). Your Click Account must be for your own personal use and not for the benefit of any third party. You must protect the secrecy of your password, and you are responsible for all activity that occurs under your Click Account, including any activity by unauthorized persons.
    4. You must provide accurate and complete information in respect of your Click Account and your entry into any Competition, and you agree to promptly notify us if any of your information changes or is inaccurate.
    5. You have the right to close your Click Account and cease using the Services at any time. However, you remain responsible for all activities conducted from your Click Account until it is closed and/or you cease using the Services.
  15. COMPETITIONENTRY

General

  1. The Competitions may be entered online via our apps and the Website (for example, by purchasing Tickets, using Website Credits, through our promotional offers, using vouchers which have been purchased at physical locations and can be redeemed for Tickets or Website Credits equal to the value of the voucher, and/or by any other means made available by the Promoter at any time), by postal entry for certain Competitions as designated by the Promoter (‘Postal Entry‘), or via third parties websites by purchasing online entries. One or more Competitions may be operated at the same time and each Competition will have specific prize options and entry methods as made available by the Promoter at any time and detailed in our apps and/or the Website.
  2. Competitions may be limited to a maximum number of entries. Such Competitions will close either when the last Ticket is sold or when the Promotion Period for entries ends (whichever is earlier) and, subject to clause 10.2, no further entries will be accepted after this point. In the event that a Competition is limited to a maximum number of entries, an indication of the remaining or total number of entries will be displayed on the relevant Competition page on our apps and/or the Website in a format deemed appropriate by us (e.g., numerical count, percentage indicator, or progress bar).
  3. We reserve the right in our sole discretion to adjust the entry requirements, rules and formalities of any Competition and to organize any Competition under any variety of name, provided that any such adjustment is made in accordance with the Terms and Conditions.
  4. We reserve the right to refuse or disqualify any incomplete entries. If we have reasonable grounds to believe that you have committed a material breach of the Terms and Conditions, then any entry(ies) that you have made will be forfeited and you will not be entitled to a refund for any fees or expenses incurred in connection with such entry(ies).
  5. To the fullest extent permitted by applicable law, all entries become our property and will not be returned.

How To Enter

  1. To enter our Competitions, you must complete the relevant steps below for each Competition:
    1. Skill-based Competitions: You must first register a Click Account in accordance with the instructions contained in clause 8 and purchase an online Ticket. For each Skill-based Competition Ticket that you purchase, you will be entitled to complete the ‘Multiple Choice Challenge’ onscreen, which shall operate as follows:
      1. you will be shown a multiple-choice question, which has only 1 (one) correct answer;
      2. use your skill and judgement to identify the correct answer out of a choice of potential answers;
      3. select your answer on the screen; your device will register this answer as your entry into the Skill-based Competition;
      4. you may select as many entries for the ‘Multiple Choice Challenge’ as you wish to make, up to the specified maximum Competition Entry Limit (provided that you will require 1 (one) Ticket for each entry, and you may only make 1 (one) ‘Multiple Choice Challenge’ answer which will apply to all the Tickets you have purchased for that single ‘Multiple Choice Challenge’).
    2. Free Entry Competitions: Free Entry Competitions are exclusively free to enter; Tickets cannot be purchased for this type of Competition and Postal Entry are also not permitted. Free Entry Competition tickets may be awarded at the Promoter’s sole discretion where you complete certain actions (for example, Free Entry Competition tickets may be allocated upon the first registration of your Click Account).    

Postal Entry Specific Requirements

  1. Where a Competition permits Postal Entry, you have a choice of whether to participate by paying for a Ticket or by Postal Entry, up to the maximum Competition Entry Limit.
  2. Other than the cost of postage, there is no requirement to pay to enter using the Postal Entry route. Each Postal Entry has the same chance per entry of winning a prize as Tickets purchased online or via any other entry method.
  3. Where a Competition permits Postal Entry, you must have an active Click Account at the time the Postal Entry is processed and all details provided on the postcard or letter must match the details on the related Click Account. In order to participate in a Competition by Postal Entry, you must send a clear handwritten postcard or letter (mechanically produced entries are not permitted) to the address detailed below and containing the following information:
  1. full name;
  2. address (including city and post code);
  3. telephone number;
  4. registered e-mail address for your Click Account;
  5. name of the Competition you want to enter; and
  6. if applicable, your choice of prize from the selection available for the respective Competition in respect of Competitions where entrants must pre-select a prize.
  7. First or second-class postage must be paid for each individual entry. Postal Entries are required to be stamped and delivered by a postal service; postcards and/or letters will not be accepted directly through the letterbox.
  8. Each postcard or letter must be sent through a postal service and be received by us within the Promotion Period. Any participating postcard or letter that has a postage stamp date outside the Promotion Period will not be accepted as a valid Postal Entry. 
  9. A maximum of 1 (one) Postal Entry can be made per postcard or letter received; bulk entries (within the same envelope) will not be accepted. You may send separately as many Postal Entries as you wish, up to the maximum Competition Entry Limit.
  10. Please note that when entering by Postal Entry you will not be deemed entered into the Competition until we confirm your entry to you by email or it is registered in your Click Account.
  11. Any Postal Entries that fail to comply with all of the requirements above will be considered void.
  12. All valid Postal Entries will be processed by us as soon as reasonably possible but on business days only. 
  13. All valid Postal Entries will be included in the corresponding prize draw for the relevant Competition, alongside valid paid Tickets.
  14. In the event that there are any special requirements regarding additional information which needs to be provided on the relevant Postal Entry postcard or letter (in addition to those listed above), details will be provided on the relevant Competition page on our apps and/or the Website.
  15. You may enter the competition for free by sending your entry on a postcard by first or second class post to the Promoter at the following address: NEXT GIVEAWAYS, 71-75 Shelton Street, Convent Garden, London, UK, WC2H9JQ

Entry Limitations

  1. The maximum number of Competition entries that can be made by you in a single Competition will be specified on the relevant Competition page on our apps and/or Website (‘Competition Entry Limit‘). 
  2. Website Credit can be won in, and used to enter, any of our Competitions.

Payments

  1. You acknowledge and accept that the pricing of Competitions and Tickets is in our discretion and will be specified at the point of sale and/or displayed on the relevant page(s) of our apps and the Website.
  2. When you are ready to purchase your Ticket(s), please provide your contact and payment details. Payment can be made by the payment methods as specified on the relevant page(s) of our apps and the Website. Certain banks may impose banking charges for making transactions in connection with your purchase and such charges may vary by operator and country; please check with your bank for more details.
  3. Once your payment has cleared, we will confirm your entry into the relevant Competition through your registered Click Account. Please note that when entering online you will not be deemed entered into the Competition until we confirm your Ticket(s) order in your registered Click Account.
  4. In the event that the Winner of a Competition requests a cash payment in a currency other than GBP, the amount paid will be converted using the relevant exchange rate applicable at the time of the transaction. Please note that exchange rates are subject to fluctuation, and the final amount received by the Winner in the requested currency may vary. Additionally, any associated conversion or processing fees charged by the payment provider or financial institutions will be deducted from the winnings and will be the responsibility of the recipient.
  5. PROMOTIONPERIODS
    1. Each Competition will run for a specified period. Please see each relevant Competition on our apps and/or the Website for details of start and end times and dates (‘Promotion Period(s)‘). 
    2. For any Competition where Postal Entry is permitted, the Promotion Period shall be identical for each method of entry (including for purchased Tickets). To ensure that sufficient time is allowed for postcards and/or letters to be received and processed by us, the actual date of the draw will be no earlier than the second business day following the end of the Promotion Period. 
  6. DRAW PROCESS
    1. The winning entrant for any Competition shall be drawn by using a certified random number generator software. Following the end of the respective Promotion Period, all eligible entries received by the Promoter during the Promotion Period will be reviewed and entered into a random draw to select the winning entrant’ and any other prize winner(s) if applicable. In the case of Skill-based Competitions, only entrants that have answered the relevant question correctly will be entered into the draw. The Promoter may conduct the draw either as a live draw or through an automated draw system, at its sole discretion, provided that the winner is selected by using a random number generator in all cases.

Notification of Winners

  1. The Competition Winner(s) and Instant Win winners are collectively referred to as ‘Potential Winner(s)‘ and once a Potential Winner has been confirmed and verified as a winner, the Potential Winner will be regarded as a ‘Winner‘ for the purposes of the Terms and Conditions.
  2. We will make reasonable attempts to contact Potential Winner(s) using the telephone numbers and/or email address provided at the time of entry (or as subsequently updated) and held securely in our database. It is the entrant’s sole responsibility to check and update these details. If, for any reason, the entrant records their details incorrectly, we will not be held responsible. Entrants must carefully check their contact details have been stored correctly.
  3. If, for any reason: (i) we are unable to contact a Potential Winner within 5 (five) calendar days (which may be extended in our sole discretion) of the end of a Competition; (ii) the Potential Winner fails to confirm acceptance of the prize within 30 (thirty) calendar days as of the date on which we are able to successfully contact them; or (iii) the Potential Winner is disqualified as a result of contravening any of the Terms and Conditions, then the Potential Winner will be deemed to have forfeited the prize. In such case, a new winner will be selected by conducting a new random draw from all eligible entries received during the Promotion Period of that Competition and will be regarded as the new Potential Winner. In the event that any of the circumstances (i) – (iii) detailed above in this clause 11.4 applies to the new Potential Winner, then that new Potential Winner will be deemed to have forfeited the prize and another random draw will be conducted.. The process provided in this clause  shall continue until a Winner is eventually selected.  

For the avoidance of doubt, we shall incur no liability towards Potential Winner(s) once the prize has been deemed forfeited by such Potential Winner(s).

  1. We reserve the right in our 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 our reasonable control which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Competition. We may, in our sole discretion, cancel, terminate, modify or suspend a Competition, or invalidate any affected entries, provided that we will try to provide prior notice to you, where possible. In the event that we close a Competition early, the Potential Winner may be selected from all valid and eligible entries that we receive prior to the date of closure, except that we reserve the right, in our sole discretion, to close a Competition early without selecting a Potential Winner. In the event that a Competition is closed without selecting a Potential Winner, we will give all entrants Website Credit to enable them to replay equivalent entries in a subsequent Competition.
  2. WINNER’S DETAILS
    1. For certain Competitions, Potential Winners may be required to provide documentary evidence for us to verify their identity, age and/or eligibility to participate in the relevant Competition before any prize will be paid or delivered. Any failure to meet these obligations may result in the Potential Winner being disqualified and the Promoter choosing an alternative Winner. 
    2. All Potential Winners may be required to provide photographic evidence to assist the Promoter to identify them as a Winner.
    3. Following receipt and verification of the details requested above by the Promoter, the Winners will be contacted in order to make arrangements for delivery/collection of the prize. In the event that the Competition did not allow for the pre-selection of a prize, the Winner must choose between the selection of the available prizes (as detailed in the Competition prize information on our apps and/or the Website) through their Click Account.
  3. COMPETITION PRIZES
    1. Except as expressly stated herein, the provisions of this clause 13.1 shall apply to prizes allocated in any Competition. All Competitions may include prizes from different categories, including cars, cash amounts, watches, motorcycles and other prizes. However, for the avoidance of doubt, where multiple different prizes are advertised in connection with a Competition, only 1 (one) principal prize will be awarded for each Competition (‘Competition First Prize‘) except as otherwise specifically stated on our apps and the Website. Please also note the following:
      1. Website Credit may be redeemed against Tickets.
      2. In respect of Competitions where you are required to pre-select a Competition First Prize but you have not done so by the end of the Promotion Period, you will be disqualified and your entry(ies) will not participate in the draw.
      3. Winners are solely responsible for any and all applicable taxes, fees and expenses related to acceptance, ownership and use of a Competition First Prize, except where Click has explicitly stated it will cover any specific costs. 
      4. For the avoidance of doubt, the maximum value that we will be liable to pay for or towards any Competition First Prize is the value of the Competition First Prize, whether new or used, as advertised on our apps and/or the Website. We will only transact with manufacturer-recommended principal dealers.
      5. During the course of a Competition, if, due to circumstances beyond our reasonable control, we are unable to provide the stated Competition First Prize, we reserve the right to award the prize in cash in the amount representing 100% of the value of the Competition First Prize which otherwise would have been awarded to the Winner (rounded to the nearest £1,000) as displayed on our apps and/or the Website.
    2. All other expenses not expressly specified herein are the sole responsibility of the Winners.
    3. All prizes are subject to the Terms and Conditions of the prize provider, manufacturer or supplier.
    4. Each prize must be accepted as awarded and is non-transferable or convertible to other substitutes and cannot be used in conjunction with any other vouchers, offers or discounts, including any vouchers or offers of the Promoter or other prize suppliers.

Car Category Prizes

  1. Cars may be new or second hand, which will be made clear on the relevant Competition page on our apps and/or the Website. Vehicles are typically available for immediate handover, subject only to standard pre-delivery checks. All cars will ordinarily be sourced from UK dealers and will be right hand drive. 
  2. All cars must be collected by the Winner from a location designated by the Promoter in the UK. If the Winner is not located in the UK at the time of winning the relevant Competition, it is their responsibility to either make the necessary arrangements to collect the vehicle from the UK or elect to receive the Cash Alternative (see clause 13.10 for the definition of ‘Cash Alternative’).. 
  3. No complimentary insurance or servicing amounts are included as part of car prizes, The Promoter will not make any contributions towards such costs, and it is the Winner’s responsibility to ensure that valid insurance is in place and all such amounts are duly paid prior to driving the car on a public road.
  4. In all cases, Winners are responsible for ensuring that road tax is duly paid in relation to any car or other vehicle won by them.

Property Category Prizes

  1. Where the First Prize in a Competition is a property (including a house, flat or other property), all Entrants are responsible for making their own enquiries and carrying out their own due diligence relating to the prize, their eligibility to enter the competition, their rights and eligibility to take ownership of the prize and their eligibility to enter or live in the country where the prize is located etc. All costs, fees or expenses incurred by the Entrant in making such enquiries or carrying out such due diligence shall be the Entrant’s sole responsibility.
  2. The Winner will be required to enter into a legally binding contract with the Promoter or a third-party seller (as applicable) in order to complete the legal transfer of ownership of the property. The terms of such contract shall be non-negotiable. If the Winner is unable or unwilling to enter into such contract or to comply with any other legal formalities required to transfer the property within a reasonable timeframe, the Winner shall be deemed to have forfeited the Prize, and the Promoter shall be entitled to award the Prize to the next eligible entrant, selected in accordance with clause 11.4.
  3. Due to the nature of the prize, the date of completion and transfer of ownership cannot be guaranteed. However, the Promoter will take all reasonable steps to ensure the process is finalised as soon as reasonably practicable.

Cash Alternatives

  1. In the event that a Winner does not accept a designated prize and/or delivery of a designated prize in the UK (including cars or other items listed, but excluding actual cash prizes), an alternative prize in the form of a cash payment (‘Cash Alternative‘) is the only prize that can be claimed. Unless otherwise provided in the Competition Rules, the Cash Alternative shall represent 70% of the value of the prize which otherwise would have been awarded to the Winner (rounded to the nearest £1,000) as displayed on our apps and/or the Website. 

Instant Win Prizes

  1. Fulfilment of Instant Win prizes (see clause 15.1 for how ‘Instant Win’ is defined):
    1. Car Prizes: Instant Win car prizes are as specified on the ‘Car Prize Details’ section of the relevant Competition page on our apps and/or Website. We will ensure that each car won is HPI checked and comes with a valid MOT. We have no responsibility and shall incur no liability for the Instant Win car prize once it has been collected by or delivered to the Winner. A Cash Alternative as specified on the relevant Competition page on our apps and/or Website is available for each Instant Win car prize listed. Instant Win car prizes shall be collected by the Winner from a location designated by the Promoter in the UK. If the Winner is not located in the UK at the time of winning the Instant Win Prize, then it is their responsibility to either make the necessary arrangements to collect the vehicle from the UK, or elect to receive the Cash Alternative (see clause 13.10 for how ‘Cash Alternative’ is defined).
    2. Cash Prizes: Instant Win cash prizes will be transferred to Winners with UK bank accounts within 21 (twenty-one) calendar days of receipt of the Winner’s bank details. We can only guarantee the transfer of bank payments to Winners whose permanent country of residency is the UK. We will use reasonable efforts to find an alternative solution for Winners whose permanent country of residency is outside the UK (e.g., we may grant an equivalent amount of the Instant Win cash prize in Website Credits), provided that where an alternative solution cannot be resolved then we reserve the right to void the relevant Instant Win cash prize for that Winner. For the avoidance of doubt, all Instant Win cash prizes will be paid in the same currency as the initial order / Ticket was purchased in.
    3. Physical Prizes: Instant Win physical prizes (for example, iPhones and holidays, but excluding cars) will be sourced by the Promoter and fulfilled within 21 (twenty-one) calendar days of receipt of the Winner’s shipping details, subject to prize availability. A Cash Alternative as specified on the relevant Competition page on our apps and/or Website is available for each Instant Win physical prize listed. Instant Win physical prizes will only be shipped to UK addresses; non-UK resident Winners may either elected for an Instant Win physical prize to be delivered to a UK address which must be notified to us in writing, or the non-UK resident Winner will instead be awarded a Cash Alternative. 
  2. INSTANT WINS
    1. In addition to the prizes awarded in any of the Competitions, we may, in our sole discretion, supplement any prizes awarded in any such Competition with ‘Instant Win‘ prizes. The number and value of potential Instant Win prizes may vary during the course of a Competition. The opportunity to participate in an Instant Win prize draw will only be available for a specific period whilst a Competition is open (‘Instant Win Promotion Period‘) and the Instant Win Promotion Period may not be active for the entire period that the Competition is open. Instant Win prizes will only be available for entries that the Promoter has received during the Instant Win Promotion Period. 
    2. Eligibility and Participation: Participants will not be required to pay any additional fees to be eligible for Instant Win entries and prizes. Participation in Instant Win prize draws will be automatically generated by paid Tickets and/or Postal Entries in qualifying Competitions. For the avoidance of doubt, paid Tickets into qualifying Competitions will be charged at the same price as an equivalent entry in the same type of Competition where no Instant Win prizes are available or promoted, and Postal Entries will remain free of charge.
    3. Draw of Instant Win prizes: For Competitions in which Instant Win prizes are available and promoted, Winners will be selected separately from the principal Competition Winner(s) after the confirmed purchase of the Ticketand/or entry into the Competition. The draw will be made using random number generator software and the Winner will be drawn from all qualifying entries into the principal Competition. Alternatively, Instant Win prizes may be drawn as follows:
      1. Winning entries will be randomly selected before the Competition goes live and cannot be changed (‘Pre-assigned Winning Entries‘); and
      2. Once an Instant Win Ticket has been purchased and/or entry has been made, a number for each successful entry is generated randomly which will then be referenced against the Pre-assigned Winning Ticket numbers, to determine whether it is eligible for an Instant Win prize(s).
    4. Website Credit Prizes: Instant Win Website Credit prizes will be added to the Winner’s Click Account within 24 (twenty-four) hours of the prize being won. 
  3. REFER A FRIEND
    1. We may offer a ‘Refer a Friend’ scheme in our sole discretion, which would reward customers for referring genuine friends and acquaintances as new customers to the Promoter. The terms and conditions for any such ‘Refer a Friend’ scheme and any promotional offers that we may make available in connection with the scheme will be made clear on the relevant ‘Refer a Friend’ page on our apps and/or the Website.
  4. STORAGE AND DELIVERY
    1. We can store the chosen prize free of charge for 30 (thirty) calendar days after notifying the Winner, If the Winner fails to collect their car win or accept delivery of other prize(s) for whatever reason, the Winner will not be entitled to receive the prize, any alternative prize, or any other compensation from us of any kind. 
    2. Where a prize is not capable of being shipped or delivered via standard courier services (including, but not limited to, items such as an iPhone), the winner shall be solely responsible for making any necessary arrangements for the collection or delivery of such prize. All costs and expenses incurred in connection with such collection or delivery shall be borne by the Winner.
  5. PUBLICITY
    1. Winners may be required to provide photographs and/or pose for photographs and videos, which 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.
    2. We may publish certain of your information for transparency reasons to indicate that a valid prize was awarded for each of our Competitions – for example, we may publish your name, country of residency, and photograph on the ‘Winners’ section of our apps and/or the Website. If you do not want this information to be made publicly available, then you should notify us in writing (however, you acknowledge and accept that even where you provide such notice, we may still have to provide your personal information to third parties including regulatory authorities (including the Advertising Standards Authority) and/or law enforcement agencies upon request). 
  6. YOUR BREACH OF THE TERMS AND CONDITIONS
    1. To the fullest extent permitted by applicable law, you agree to compensate the Promoter and our officers, directors, employees, agents, and suppliers for any reasonable losses, liabilities, damages, costs, expenses or similar that are sustained or incurred by us arising out of your breach of the Terms and Conditions. We may elect to have control of the defense or settlement, which shall be exercised in our reasonable discretion, against any third-party claim, demand, action, or proceeding arising out of your use of the Services.
  7. DISCLAIMERS AND LIMITATIONSOFLIABILITY
    1. Nothing in the Terms and Conditions shall exclude or limit our liability for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited as a matter of applicable law.
    2. If we fail to comply with the Terms and Conditions, we shall be liable for any loss or damage which is a reasonably foreseeable consequence of our breach of the Terms and Conditions or our negligence (for example, losses which would be an obvious result of our breach, or damages which were contemplated by both you and us at the time of you entering a Competition), but we shall incur no liability to you for any loss or damage which is not reasonably foreseeable. 
    3. Save as set out in clause 20.1, our maximum liability to you in relation to any one incident or a connected series of incidents, whether for breach of contract, tort (including negligence), or otherwise, will be limited as follows:
      1. where our liability relates to your participation in a Competition and you have won a prize, it will be limited to the cash value of the prize;
      2. where our liability arises from the loss or deletion of your entry, or a failure to process your entry, then your sole remedy shall be a replacement entry into another Competition;
      3. where our liability arises from a technical issue, fault, or other system-related failure which prevents your entry from being successfully registered or processed in a Competition, your sole remedy shall be limited to a refund or Game Credit equal to the value of the affected entry;
      4. in all other circumstances, £100 (one hundred pounds).
    4. To the fullest extent permitted by applicable law and without prejudice to your statutory rights, we will not be liable for any loss or damage suffered or sustained by you or any other person as a result of:
      1. any use by you of the Services in breach of the Terms and Conditions;
      2. the abuse of the Services by other users;
      3. any delay in the supply of any goods to the Winner(s);
      4. the cancellation or claw-back by us of any prize in accordance with the Terms and Conditions;
      5. any computer, telephone, cable, network, electronic, system, hardware, software or internet malfunctions, failures, bugs, viruses, errors, availability issues, or any deviation from the expected functioning of the Services for whatever reason (unless as a result of our failure to use reasonable skill and care);
      6. any events, acts, omissions, accidents or delays in performance of our obligations which are beyond our reasonable control, including: (i) in connection with the acts, omissions, defaults, breaches, inactions, systems or software failures of any third party providers who assist in providing the Services; (ii) your or any other person’s use or misuse of the Services (including our apps and/or the Website and your Click Account); (iii) any failures caused by the equipment or hardware that you use to access the Services; (iv) any failed, partial or garbled computer transmissions; (v) unauthorized access to, or alteration of, your transmissions or data; or (vi) war, terrorist activity, riots, malicious damage, fire, flood, storm, nuclear accident or compliance with any new law or governmental order, rule, regulation or direction; or
      7. any damage to your equipment or hardware or loss or corruption of data that results from your use of the Services (including our apps and/or the Website), except that where any defective digital content that we supply to you damages any of your equipment or hardware which is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you compensation (as determined in our sole discretion).
    5. We reserve the right in our 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, software error, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond our reasonable control which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Competition. We may in our sole discretion cancel, terminate, modify or suspend a Competition, or invalidate any affected entries. In the event that we close a Competition early, the Winner may be selected from all valid and eligible entries that we receive prior to the date of closure, except that we reserve the right, in our sole discretion, to close a Competition early without selecting a Winner. In the event that a Competition is closed without selecting a Winner, we will give all entrants Website Credit to enable them to replay equivalent entries in a subsequent Competition.
    6. For the avoidance of doubt, only the order details recorded in our systems, howsoever displayed or calculated, shall be entered into the relevant Competition and we shall not be held liable for any Competition entries that occur as a result of malfunctioning software or other event. Competition coordinates and/or entries may be checked at any time by accessing your Click Account.
    7. We do not exclude or limit our liability to you in any way where it would be unlawful to do so.
  8. YOUR PERSONAL DATA
    1. Any personal data that you supply to us or authorise us to obtain from a third party (for example, a credit card company) will be used by us to administer the Competition and fulfil prizes where applicable. We will only use your personal information in accordance with our Privacy Policy and Cookie Policy.
  9. COMPLAINTS / DISPUTES
    1. If you have a complaint about any aspect of our Services, we will endeavour to address your complaint promptly and in accordance with our Complaints Policy on our apps and our Website (which is available here). 
  10. CONTACT US
    1. If you need to contact us in respect of any aspect of the Services, you can:
      1. email us at: contact@nextgiveaways.com
      2. call us on: ……….
      3. write to us at: NEXT GIVEWAYS LTD, UK, London, 71-75 Shelton Street, Covent Garden, WC2H9JQ.
      4. A list of Winners and their respective hometown details will be available for entrants to access for 1 (one) month after the end of each Competition by sending an email to the address in clause 23.1.
  11. OTHER LEGAL TERMS
  1. Governing Law. The Terms and Conditions and all matters relating to the provision of the Services by us will be governed by, and will be interpreted in accordance with, English law.
  2. Jurisdiction. Any disputes arising in connection with the Terms and Conditions and all matters relating to the provision of the Services by us will be subject to the exclusive jurisdiction of the courts of England and Wales.
  3. Relationship of the Parties. You acknowledge and accept that no partnership, joint venture, agency, fiduciary or employment relationship exists between you and us because of your use of the Services or any provision contained in the Terms and Conditions.
  4. Notices. All notices required by you pursuant to the Terms and Conditions shall be in writing and sent to the address provided in clause 22.1(b).
  5. Assignment. We may assign our rights and obligations under the Terms and Conditions to any person, in whole or in part, with or without notice to you, whereas you may not assign your rights and obligations under the Terms and Conditions and any attempt to do so will be null and void.
  6. Third Parties. The Terms and Conditions are not intended to give any rights to any person except you and us, provided that this clause 24(f) does not affect our rights under clause 24(e).
  7. Interpretation. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.”
  8. Severability. If any provision of the Terms and Conditions is found to be unenforceable or unlawful by any court or regulator for any reason, then such provision shall have no impact whatsoever on the other provisions of the Terms and Conditions which shall continue in full force and effect, and the unenforceable or unlawful provision will be interpreted so as to preserve the intentions of the Terms and Conditions to the fullest extent possible in compliance with applicable law.
  9. No Waiver. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not be construed or operate as a waiver of such right or provision, nor shall it affect our ability to enforce such right or provision in the future. 
  10. Entire Agreement. The Terms and Conditions (and any other documents, rules or policies incorporated by reference) reflect the entire agreement between you and us relating to the Services and supersede all prior agreements, representations, statements and understandings of you and us.