The Promoter

The Promoter is: Fomo Competitions Limited Company Number (……..) and whose registered office is First Floor, Swan Building 20 Swan Street, Manchester, M4 5JW.

If you wish to contact us for any reason, please email info@fomocompetitions.com

 

2. The competition

2.1. These terms and conditions apply to all competitions listed on the Promoter’s website at https://www.fomocompetitions.com

2.2. An entry fee is payable each time you enter via our online entry method. Each person who enters either via the Online Entry Route is an “Entrant” for the purpose of these Terms and Conditions.

3. How to enter

3.1. The competition will run from when it is published to the closing date specified on the Website or App. These dates shall be referred to as the “Published Date” and “Closing Date” respectively. All times and dates referred to are the times and dates in London, England.

3.2. If it is absolutely necessary to do so due to circumstances beyond the control of the Promoter and not to do so would be unfair to those who have already entered the competition, the Promoter may change the Closing Date or correct an incorrectly displayed Published Date on the Website. If the Promoter does change the Closing Date of a competition, the new details will be displayed on the Website and all Entrants will be notified by email.

3.3. All competition entries must be received by the Promoter no earlier than the Published Date and no later than the specified time on the Closing Date. All competition entries received outside these times may be disqualified without a refund. Entries received after the Closing Date will not be entered into the random draw. If an entry is received within 72 hours after the Closing Date, the Entrant will receive a credit equal to the cost of entry via the Online Entry Route to the draw, which will enable the Entrant to enter an alternative draw(s) of their choice on the Website;

3.4. To enter the competition using the Online Entry Route:

Draw-Based Competitions

(1) go to the Website and view the competition question (if applicable);

(2) select your answer to the competition question (if applicable) and desired number of entries; then

(3) complete the checkout process and submit the online entry form; then

(4) complete the payment to receive your order confirmation.

Instant Win Competitions

• (1) go to the Website and view the instant win competition;
• (2) select your desired number of entries; then
• (3) complete the checkout process and submit the online entry form; then
• (4) complete the payment to receive your ticket; then
• (5) look up your ticket to see if you have won.

3.5. 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.

3.6. The Promoter will send confirmation that your entry has been received, and your allocated ticket number(s) by email to the email address you used to register for your account.

3.7. 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.

3.8. By purchasing entries, registering an account 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.

4. Choosing a winner

Draw Based Competitions

4.1. All Entrants who have entered a Draw Based Competition in accordance with paragraph 3 above will be placed into a draw and the winner will be chosen using a verifiably random draw process (the “Winner”). The random draw will take place on the Closing Date (“Draw Date”).

4.2. All Entrants will have their names and ticket numbers put into a spreadsheet. For live draws, this spreadsheet will be visible during the live draw. For automated draws, the names and ticket numbers are put into a spreadsheet and we use google generator to determine the winner(s).

4.3. In the event of the draw being disrupted for any reason or having an inconclusive outcome, we can at our sole and unfettered discretion run the draw again, either through the same random draw process or an alternative method.

Instant Win Competitions

4.4. All Entrants who have entered an Instant Win Competition in accordance with paragraph 3 above will be assigned a ticket (“Ticket Assignment”). Winning Instant Win tickets will be selected prior to the Published Date of the draw (“Winning Ticket Selection”). Ticket Assignment and Winning Ticket Selection will both be performed using a verifiably random process. End prize winners will be chosen using a Draw Based Method.

For help with entries, please email us at info@fomocompetitions.com

How the draws are conducted

4.5. (a) Live draws: The draw is ruled to be valid and complete and therefore results stand as they are, as long as the balls come out with no interruption. If an unsold number is generated we will reload the chambers and keep re-spinning them until a number is generated that has been sold.
(b) Automated draws: The draw will be conducted using the google generator to select a random number.

5. Eligibility

5.1. The competition is open to anyone aged 18 years or over who are resident in a country where it is lawful for the Entrant to enter this competition and for the Promoter to promote this competition and award the Prize to the Entrant, except:

(a) employees of the Promoter;

(b) employees of agents or suppliers of the Promoter, who are professionally connected with the competition or its administration; or

(c) members of the immediate families or households of (a) and (b) above.

5.2. By entering the competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. The Promoter may require you to provide proof that you are eligible to enter the competition (see paragraph 7.5). If you fail to provide the Promoter with any such proof or other information that they may require within 21 days of a request by the Promoter, you may be disqualified from the competition and an alternative Winner may be selected.

5.3. The Promoter will not accept competition entries that are:

(a) automatically generated by computer;

(b) submitted by agents, third parties or syndicated entries; or

(b) incomplete.

5.4. The Promoter reserves all rights to disqualify you if:

(a) the Promoter reasonably believes that you have acted in breach of these terms and conditions;

(b) the Promoter reasonably believes that you have acted in concert with other persons (including members of your household), or have submitted entries purporting to be in the name of another person, with the intention of circumventing these terms and conditions, or breaching any applicable laws or regulations;

(c) it is, or has become, illegal for the Promoter to promote the competition to you and/or award the Prize to you;

(d) you are found to be abusing or tampering with the operation of the prize competition, the Website, or entering using fraudulent means; or

(e) you are found to have posted an entry or comment to the Promoter’s Facebook page that is, in the Promoter’s opinion, inappropriate, offensive or upsetting to other Entrants or the Promoter, or is contrary to any applicable law.

5.5. Refunds will only be provided in exceptional circumstances and at the sole discretion of the Promoter. No refunds of the entry fee will be given:

(a) if, following your entry into the competition, you subsequently find out that you are not eligible to enter the competition or claim the Prize; or

(b) if you are disqualified from the competition by the Promoter in accordance with these terms and conditions.5.6. Entrants can enter each competition as many times as they wish until the maximum number of entries per user have been submitted and until the maximum number of entries for the competition have been received.

5.6. Only one Account per Household is allowed.

6. The prize

6.1. There may be one or more prizes available for each competition, which are described on the relevant competition pages of the Website (the “Prize”). Details of the Prizes are, to the best of the Promoter’s knowledge, information and belief, correct as at the Opening Date.

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

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

6.4. 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 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.

6.5. Other non-cash Prizes may be subject to additional conditions, which will be set out on the relevant competition page of the Website.

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

6.7. 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;

6.8. The prize is not negotiable or transferable.

6.9. All costs and expenses not included within the Prize are the responsibility of the Winner.

7. Winners

7.1. The decision of the Promoter is final and no correspondence or discussion will be entered into.

7.2. The Winner’s full name will be announced during the live draw (for live Draw Based Competitions).

7.3. The Promoter will contact the winner of a Draw Based Competition personally as soon as practicable after the Draw Date, using the telephone number or email address provided with the competition entry. The winner of a Prize in an Instant Win competition will receive an email and must follow the instructions contained in that email in order to claim the Prize. Prizes of site credit will be applied to an Entrant’s account automatically.

7.4. The Promoter will make all reasonable efforts to contact the winner. If the winner cannot be contacted or has not claimed the Prize within 21 days of the Draw Date, the Promoter reserves the right to offer the Prize to another Entrant (“The Alternate Winner“) selected at random in the same method as before from the remaining correct entries received before the Closing Date. The Alternate Winner shall have 21 days from notification of their status by the Promoters to communicate their acceptance of the Prize. This process shall continue until a winner accepts the Prize.

7.5. If a selected Winner has won a prize above a certain value set by the Promoter, the Winner must provide valid proof of identity and address which matches the name and address used to register with the Promoter to claim the Prize. If the Winner does not provide such proof of identity and address within 21 days of accepting the prize, the Promoter may conduct its own investigation, and if the Promoter cannot verify the identity of the Winner within 3 months of the applicable draw, Promoter reserves the right to offer the Prize to an Alternate Winner.

7.6. The Promoter must either publish or make available information that indicates that a valid award took place. To comply with this obligation the Promoter will publish the full name of major prize winners on the Website unless you object in accordance with paragraph 7.7 below.

7.7. If you object to any or all of your full name and winning entry being published or made available, please contact the Promoter at info@fomocompetitions.com prior to the Closing Date. In such circumstances, the Promoter must still provide this information to the Advertising Standards Authority on request.

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, or available on request.

8.2. If your personal details, including contact information, change at any time you should notify the Promoter as soon as reasonably possible. Notifications should be sent to the Promoter via email to info@fomocompetitions.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 may 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 21 days of accepting the prize 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 is a vehicle and the winner has completed all eligibility checks, the prize will be transferred to the winner by the Promoter using the V5 for each vehicle. This can be completed after the vehicle is handed over.

9. Limitation of liability

If Promoter fails to comply with these terms and conditions, Promoter is responsible for loss or damage you suffer that is a foreseeable result of Promoter’s breach of these terms and conditions or its negligence, but it is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of the promoter’s breach or if they were contemplated by you and the Promoter at the time that you entered the competition.

10. Data protection and publicity

10.1. By entering the competition, you agree that any personal information provided by you with the competition entry may be held and used by the Promoter or its agents and suppliers for the purposes of administering and managing the competition and prizes and of informing you of future competitions and our competition schedules or as otherwise set out in the Promoter’s Privacy Policy, a copy of which is available on the Website.

10.2. If you submit content it may be used for reasonable publicity by the Promoter. If you do not wish to participate in any publicity, you must notify the Promoter. 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.

10.3. 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 info@fomocompetitions.com

11. General

11.1. The Promoter reserves the right to amend these terms and conditions from time to time. The latest version of these terms and conditions will be available on the Website.

11.2. If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the competition and any future competitions.

11.3. The Promoter reserves the right to hold void, suspend, cancel, or amend the prize competition at any time if circumstances beyond its control make this unavoidable. If the Competition is cancelled, the Promoters will return the Entry Fees to each Entrant (either by bank card refund or by cheque and in one combined payment where several entries have been made by a competitor). Where the Entry Fee is returned, the Promoter shall have no further liability to the Entrant or to any other person.

11.4. The competitions on the Website are in no way sponsored, endorsed, administered by or associated with Meta, Apple or Google. By entering the competitions, Entrants agree that neither Meta, Apple nor Google have any liability and are not responsible for the administration or promotion of the competitions.

11.5. These terms and conditions shall be governed by English law. As a consumer, each participant will benefit from any mandatory provisions of the law of the country in which he or she is resident. Nothing in these terms and conditions, including this paragraph, affects an Entrant’s rights as a consumer to rely on such mandatory provisions of local law.

11.6. The courts of England and Wales shall have jurisdiction over any claims arising from these terms and conditions. However, an Entrant who is resident in an EU country may choose to bring proceedings in the courts of the EU country in which he or she is resident.

11.7. You should print a copy of these terms and conditions and keep them for your records.