1. Qualifying Persons
1.1 I S Z O LTD t/a Gyfters (‘Promoter’, ‘ Organiser’, ‘Operator’, ‘our(s)’) operates various competitions resulting in the allocation of prizes in accordance with these terms and conditions on the website (‘Prize’, ‘Prizes’, ‘Reward’, ‘Rewards’) gyfters.com (the ‘Website’) – (each and all such competitions being referred to herein respectively as the ‘Campaign’ or ‘Campaigns’ or ‘Competition’ or ‘Competitions’).
1.2 Competitions are open to persons aged 18 or over who are resident in the United Kingdom. Employees of the Promoter or any person connected with the Promoter (through family, professional or commercial association) are restricted from participating in the Competition.
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.
2. Legal Undertaking
2.1 By entering a Competition the entrant (‘Entrant’, ‘you’, ‘your(s)’ and/or ‘Customer’) 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.
2.3 In the event that you participate in any of our Competitions, 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. Multiple Competitions may be operated at the same time by the Promoter and each Competition will have a specific Prize or series of Prizes.
3.2 Availability and pricing of Competitions is at the discretion of the Promoter and will be specified at the point of sale on the Website. There is no requirement to pay to enter any Competition, as each Competition will be operated under the Gambling Commissions definition of a ‘Free Draw’, therefore has a free entry route available on all Competitions. – see rule below 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 a lottery under the Gambling Act 2005 and can be operated legally in the UK without any need for a licence.
3.3 In order to enter a Competition, you will need to register an account with us. You can register an account online. To register an account online and offline you will be asked to provide a First Name, Last Name, House/Building Number, Street Name, Post Code, Telephone number and Email Address.
3.4 When playing a Competition online via the Website, you must follow the on- screen instructions to: (a) select the Competition you wish to enter and when you are ready to purchase your ticket(s) to the Competition (‘Tickets’), provide your contact and payment details. You will need to check your details carefully and tick the declaration, confirming you have read and understood the Competition terms and conditions; (b) once you have purchased your Tickets, register to play the relevant Competition and when your payment has cleared we will then contact you by email to confirm your entry into the Competition. Please note that when entering online and/or by post you will not be deemed entered into the Competition until we confirm your entry which can be confirmed in your account when you login (and any such entry referred to herein as an ‘Entry’ or ‘Entries’).
3.5 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.
3.7 To the extent permitted by applicable law, all Entries become the Promoter’s property and will not be returned.
3.8 The Entrant can enter each Competition up to a maximum of 5 times.
3.8 (a) Each account can have unlimited amount of entries, providing they are purchased on that account on behalf of other people.
3.9 Each Competition closes when the Competition running time has expired (See each Competition for Competition running time), no more Entries after this point will be accepted.
3.10 All Entrants (including those entering for free) must create an account prior to entering and supply all the details requested in section 3.3 to proceed in the Competition.
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 Draw Process and Judgement
5.1 At the conclusion of the Competition, the Organiser will run the operations of the draw to find the winner(s). The draw will be scheduled to run 5 working days from the close of the entry time, this allows us time to:
5.1.1 Process all entries into the system.
5.1.2 Remove any cancelled/refunded entries.
5.2 Once a Competition has concluded the webiste then assigns each Entry a unique ticket number within the full range of all Participant’s entries for that Competition.
5.3 This is exported as a PDF document known as the Competition Master Entries List.
5.4 The Competition Master Entries List will be made available to download on the Competition page allowing all Participants to verify their Entries are included for the Competition drawing process. This publicly available Competition Master Entries List will include:
5.4.1 Competition Name.
5.4.2 Unique Order Number & Number of Entries (emailed to the Participant upon confirmation of cleared payment and/or free entry).
5.4.3 Unique ticket numbers per Entry.
5.4.4 Participant’s first name.
5.4.5 Participant’s first initial of surname.
5.4.6 Participants postcode truncated to the outward section.
5.5 The Organiser will run the selection process by utilising Google’s random number generator within the range of the total number of Entries. The random number Google generates will be the winning Entry.
5.6 This process will be live streamed on one of our social media channels.
5.6.1 Advance notice of the time of the live draw and the streaming channel of choice will be on the Competition page.
5.6.2 We will announce the winner(s) live with the winners information contained in the Competition Master Entries List named in section 5.4.
5.6.3 The Organiser reserves the right for the Charity I S Z O Ltd will be making a donation to, to link to and/or share the Competition’s live streamed draw.
5.7 The Organiser will attempt to contact the winner(s) of Competition (referred to herein as ‘Winner(s)’) using the telephone number 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 Organiser 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.
5.8 If for any reason the Organiser is unable to contact a Winner within 21 working days (which may be extended at the sole discretion of the Organiser) 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 Organiser.
5.9 In the event that the Organiser closes a Competition early, the Winner will be selected from all valid and eligible Entries received by the Organiser prior to the date of closure, except that the Organiser 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 Organiser will give all Participants a full refund.
5.10 Participants who specifically consent to marketing communications will be entered onto the Organisers database for the purpose of conveying information as to the status of their Competition, as well as any future Competitions offered by the Organiser.
6. Winning Participant(s)
6.1 All Winners will be required to show proof of identification before delivery of the Prize. Any failure to meet this requirement may result in the Winner(s) being disqualified and the Organiser retaining the Prize.
6.2 By accepting the prize, you agree that the Organiser can use your name, photograph, voice and/or other likeness and Prize information to tell everyone how awesome the Prize was. This means the Organiser can include you in advertising, trade and promotional materials, in any form of media (including media that’s not yet known), and that we can do so without any additional compensation. This only applies unless otherwise prohibited by law.
6.3 Following receipt and verification of the details requested above by the Organiser and provided that the Winner has satisfied these terms and conditions, the Winners will be contacted in order to make arrangements for delivery of the Prize.
7. Campaign Prizes
7.1.1 Campaign Prizes are determined, selected by either us and are owned by us from the date of the Campaign going live on the Website to the date that the winning Participant receives the Prize.
7.1.2 Or Campaign Prizes are determined, selected by either our partnered non-profit and are owned by them, from the date of the Campaign going live on the Website to the date that the winning Participant receives the Prize. Details of each Prize can be found on the Website on the Competition’s page. The Organiser take no responsibility for the Prize awarded after delivery has taken place. Once the winning Participant receives the Prize, the Organiser does not insure the Prize. No insurance comes with the Prizes and the Organiser is not responsible for the Prize once it has been handed over to the Winner.
7.2 Delivery of the Prize will be to the Winner’s UK home address only and is free.
7.3 All Participants expenses to collect the Prize are the sole responsibility of the Winner.
7.4 The Winner hereby agrees that all Prizes are subject to and are conditional on the terms and conditions of the Organiser.
7.5 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 without limitation any vouchers or offers of the Organiser.
8. Prize Storage
The Organiser can store the chosen Prize free of charge for up to 30 days after notifying the Winner, at the end of which time the Prize will be delivered to the Winner. If the Prize needs to be stored by the Organiser for more than 30 days then this shall be at the entire cost of the Winner where such cost will need to be paid by the Winner to the Organiser before the Winner receives the Prize.
9. Limits of Liability
9.1 The Organiser 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 via the Organiser. Except for liability for death or personal injury caused by the negligence of the Organiser 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 Organiser 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 Organiser, 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 Organiser.
9.2 The total maximum aggregate liability of the Organiser to each Winner shall be limited to the total value of each Prize that has been won by the relevant Winner.
9.3 The total maximum aggregate liability of the Organiser to you shall (if you are not a Winner) be limited to the amount that you have paid to enter Competition(s) in the first 12 months of you entering any Competition(s).
9.4 Nothing in these terms and conditions shall prevent you making claims to the extent that you are exercising your statutory rights.
10. Electronic Communications
10.1 No responsibility will be accepted by the Organiser 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.
10.2 The Organiser shall use its reasonable 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 Organiser reserves the right to reclaim the Prize and award it to the correct Entrant, at its sole discretion and without admission of liability and the Entrant that has been incorrectly awarded the Prize will immediately at the Entrant’s own cost and expense return it to the Organiser and/or pay the Organiser for that Prize (at the option of the Organiser).
10.3 The Organiser shall not be liable for any economic and/or other loss and/or consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due to such persons.
10.4 The Organiser shall use its reasonable endeavours to ensure that the software and Website(s) used to operate its Competition(s) performs correctly and accurately across the latest versions of popular internet, tablet and mobile browsers. For the avoidance of doubt, only the Ticket recorded in our systems, howsoever displayed or calculated, shall be entered into the relevant Competition and the Organiser shall not be held liable for any Competition Entries that occur as a result of malfunctioning software or other event.
11. Competition Entry
11.1 To enter any of the Competition(s) by either a paid route or free entry, you must first create an account with us with the details listed on 3.3 and a password of your choosing;
11.2 then send your name, address, date of birth, e- mail address and contact telephone number on a postcard to the Organiser. Free entries must be posted to: Gyfters, Unit 5, Saltwell Business Park, Gateshead, NE9 5BF and must arrive by the Competition closing date. First or second-class postage must be paid.
11.3 Postal Entries are limited to one free Entry to each Competition per participant.
11.4 The Entrant must specify which Campaign they wish to enter with the unique Competition reference code found on the Competition page under “The Stuff Our Legal Eagles Want You To Read”. Each free entry will be entered into the system and allocated to your account by the Organiser.
11.5 All free Entries will be treated in the exact same way as a paid Entries. Where applicable, these Competition terms and conditions also apply to all paid and free Entries.
11.6 All free entries are processed on the first working day after the close of the Competition.
12. Our Charitable Donation
12.1 Each Competition run by the Organiser will make a business donation from I S Z O Ltd to a pre-approved Charity, where the Charity has pre-approved the Organiser to use their name and branding for a Competition in return for a donation.
12.2 The organiser donates no less than 50% of all ticket sales from a Competition to the allocated Charity listed on the Competition’s page.
13. Validation
13.1 The Organiser hereby reserves the right not give or make a Prize until it is satisfied that (a) the Winner has a validly registered Website 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 Organiser 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 Organiser’s satisfaction (in particular, the Organiser 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 Organiser 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 Organiser reserves the right not to make or give a Prize if it reasonably suspects the occurrence of fraud in relation to a Competition.
13.3 The Organiser, 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 share it with 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 Organiser 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 (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 Organiser 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.
14.5 The Organiser 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 14.5 by you. Furthermore, the Organiser 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.
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 the revised terms and conditions become effective.
15.2 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 after the revisions come into effect, you agree to be bound by the revised terms and conditions.
16. Payment Method – Unauthorised use
16.1 If you notify your nominated bank or building society or digital wallet provider (for example PayPal, Skrill, Neteller, Apple Pay, Google Pay… etc) that your debit card or credit card or digital wallet has been used without your permission in relation to a Competition and your nominated bank or building society or digital wallet provider asks the Organiser to return the relevant amount to your nominated bank or building society or or digital wallet, the Organiser will suspend your account and you are required to contact us. The Organiser accepts no responsibility and will have no liability for any chargebacks.
16.2 Authorised Refunds: If your debit card or credit card is due to expire, the Organiser will use reasonable efforts to return the funds in your account to your debit card/credit card before midnight on the day it expires. If it is not able to do so, the Organiser will use reasonable efforts to alert you of this and you should, in these circumstances, contact us to arrange another appropriate way for the us to return the funds to you.
17. Use of this Website
17.1 You hereby agree that you will only use the website, your account, enter Competition(s) 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 Organiser’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 Organiser’s software and IT systems owned and/or operated by the Organiser 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 entering Competition(s) and/or using the Website and/or any other website, and/or which is otherwise likely to damage the reputation and/or business of the Organiser and/or of any third party, and/or (d) authorise or allow anyone to do.
17.2 You hereby agree to indemnify the Organiser against any and/or all costs, losses, damages and expenses which the Organiser 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 the Organiser’s software and/or IT systems, and/or breach by you of these terms and conditions.
17.3 There is no guarantee that the Website will display correctly on all devices it can be viewed on.
17.4 The Organiser is the owner or licensee of all the copyright, trademarks and other intellectual property rights in, to and in respect of the Campaign and the Website and you will not acquire any rights in any of these.
17.5 Trademarks, service marks, logos, trade names, source identifiers and/or proprietary designations (“Trademarks”) of the Organiser used on and/or in connection with the Website, the Competition(s) are trademarks of the Organiser. Trademarks of third parties used on and/or in connection with the Website, the Competition(s) are used for identification purposes only and may be the property of their respective owners.
17.6 You must not (a) copy, disclose, transmit and/or otherwise make available and/or remove or change any material available on the Website, (b) reverse engineer or decompile (whether in whole or in part) any software used in connection with the Website and/or the provision of the Competition(s) (except to the extent expressly permitted by applicable law) and/or (c) remove, obscure and/or change any copyright, trade mark or other intellectual property right notices in any material obtained from the Website and/or as a result of entering Competition(s).
17.7 You hereby agree that entering Competition(s) (as well accessing and/or using your account) whilst located in any jurisdiction other than the UK is strictly prohibited.
17.8.The exercise by the Organiser of any discretion provided for in these terms and conditions will be final and binding.
18. General
18.1 If the Organiser fails and/or delays to enforce a provision of the terms and conditions, this failure and/or delay is not a waiver of the Organiser’s right to do so later on.
18.2 If any provision (or part of a provision) of these terms and conditions is decided by a court of competent jurisdiction to be void and/or unenforceable, that decision will only affect the particular provision (or part of the provision) and will not, in itself, make the other provisions void or unenforceable.
18.3 You may not assign or otherwise transfer (in whole or in part) your rights and/or obligations under these terms and conditions. Any breach of these rules may result in the use of your account and/or the provision of the Campaign and/or access to the Website being suspended or terminated immediately by the Organiser. The Organiser may assign or otherwise their rights and/or obligations under these terms and conditions in whole or in part to any third party at its sole and absolute discretion and without your consent. The Organiser may also assign these terms and conditions in their entirety, without your consent, to its successor in interest in connection with a merger, reorganisation, or sale of all or substantially all assets or equity. These terms and conditions shall bind and inure to the Organiser’s benefit, its successors.
18.4 These terms and conditions constitute the entire agreement between you and the Organiser regarding the subject matter of these terms conditions and supersede and replace any other prior and/or contemporaneous agreements, and/or terms and conditions applicable to the subject matter of these terms and conditions.
18.5 A person who is not a party to these terms and conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 (as amended or re-enacted from time to time, and any subordinate legislation made under that act) or otherwise to enforce any provision of these terms and conditions.
18.6 The Organiser will not be liable for any delay or failure to perform any obligation under these terms and conditions where the delay or failure results from any cause beyond its reasonable control, including acts of God, labour disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunication/network failures, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
18.7 The Website may contain links to websites operated by parties other than us. Such links are provided for your reference and convenience only. We do not control such websites and are not responsible for their content and/or the privacy or other practices of such websites. It is up to you to take precautions to ensure that whatever links they select and/or software you download from such websites are free of viruses. Our inclusion of links to such websites does not imply any endorsement of the material on such websites, association, sponsorship and/or partnership with their operators.
18.8 You must not create a link to the Website without our prior written consent.
I S Z O Ltd t/a gyfters.com
Unit 5 Saltwell Business Park, Gateshead, NE9 5BF
Email. hi[at]gyfters.com
Terms Last updated: Last updated 27/02/2020