Terms & Conditions
STANDARD COMPETITION TERMS AND WEBSITE TERMS OF USE
1. Introduction
1.1 We are CMG3 Limited (t/a Avant Prize Draws), a company incorporated in Northern Ireland under company number NI668867 (we, us or our), whose business address is at 1 Carrive Close, Forkhill, Newry, BT359SH. If you wish to contact us for any reason, please use the contact form on our Website (defined below).
1.2 This page sets out the general terms and conditions (Terms) which apply to all competitions (the Competition or Competitions) which we run from time to time as promoter, resulting in the allocation of prizes (Prize or Prizes) via https://avantprizedraws.com (our Website) and any associated social media accounts. They also set out the basis on which you shall be entitled to use and access our website.
1.3 These Terms shall, together with any additional terms or legal material for specific Competitions (Competition Terms), constitute and are known as the Agreement, and apply to the contract between you and us to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. When construing the meaning of the Agreement, these Terms shall take priority over any Competition Terms (to the extent of any conflict or inconsistency), unless otherwise expressly stated in the relevant Competition Terms. If you do not agree to the Agreement, you must not use our Website or enter any Competition.
1.4 You should print or save a copy of these Terms for your records. This version 1 of these Terms was last updated on [01/09/2024]. We may revise these Terms from time to time and will post the most current version on this page as soon as possible after the revised Terms become effective. Please check this page periodically (and, in any event, before you participate in each Competition) to ensure you understand the Terms that apply at that time. By continuing to use the Website after the revisions come into effect (including entering into any Competitions), you agree to be bound by the revised Terms. We may also update and change the Website and Competitions from time to time to, amongst other things, reflect changes to our offering, Website, IT systems and/or our users’ needs and/or feedback.
1.5 Competitions are open to persons aged 18 or over who are resident in the UK or Republic of Ireland. Our employees and any person connected with us (through family, professional or commercial association), as well as members of their immediate families or households, are restricted from participating in any Competition.
2. Legal Undertaking
2.1 By entering a Competition the entrant (you, your or the Winner, if you are successful in winning any Competition) will be deemed to have legal capacity to do so, to have read, understood and accepted the Agreement and agreed to be bound by it. You also agree that you are otherwise eligible to enter the Competition and receive any Prize if you are the Competition Winner.
2.2 Competitions are governed by Northern Irish law and all and/or any matters or disputes relating to the Agreement or Competition (including non-contractual disputes and disputes regarding entry into, or participation in, the Agreement or a Competition) will be dealt with and/or resolved under Northern Irish law and the courts of Northern Ireland shall have exclusive jurisdiction.
2.3 In the event that you participate in a Competition online via the Website, and by accepting the Agreement you hereby confirm that you are not breaching any laws in your country of residence regarding the legality of entering our Competitions. We will not be held responsible for you entering any of our Competitions unlawfully. If in any doubt you should immediately leave the Website, not enter a Competition and check with the relevant authorities in your country.
3. Opening an Account
3.1 Before entering any Competitions, you will need to register an account with us. You can register an account on our Website. To register an account you will be asked to provide an email address and password, or sign in via a social media account, such as Facebook or Twitter (Social Media Account). As part of the account opening process we will also require you to provide your full name, address and postcode, which must be linked to an address in the UK or Ireland.
3.2 We reserve the right to close your account at any time, at our reasonable discretion, if, for example, we feel you are abusing our services, being abusive to other users or staff or entering Competition or have breached or are likely to breach these Terms or any specific Competition Terms.
4. Competition Entry
4.1 Competitions may be entered via the Website. Multiple Competitions may be operated at the same time by us and each Competition will have its own specific Prize.
4.2 Availability and pricing of Competitions is at our discretion and will be specified at the point of sale on the Website. Each Competition has a free entry route available (see section 4.8 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 an unlawful lottery under the Betting, Gaming, Lotteries & Amusements (Northern Ireland) Order 1985 or of a lottery within Great Britain under the Gambling Act 2005, and can be operated legally in Northern Ireland and Great Britain (respectively) without any need for a licence. All Competitions are also skill-based and require you to correctly answer a Competition question before your Entry is registered.
4.3 Each Competition will run for a specified period. Please see the Competition Terms for each Competition for details of start and end times and dates (Promotion Period(s)).
4.4 Each Competition will have a maximum number of entries which may be purchased (in accordance with section 4.6) or submitted (in accordance with section 4.8) (each being an Entry), as stated in relation to the specific Competition on the Website. Once the last number is taken, no more Entries for that Competition will be accepted.
4.5 All Entrants (including those entering for free) must create an account on our Website in accordance with section 3 above, prior to entering and supply an email address to proceed in the Competition. You must enter into each Competition on your own behalf and cannot enter on behalf of third parties.
4.6 When playing a Competition online via the Website, you must have created an account in accordance with section 3 above then follow the on- screen instructions to:
(a) select the Competition you wish to enter;
(b) answer the skill-based question that pops up on-screen in connection with the relevant Competition (Question);
(c) select the number of entries you wish to purchase and press “Enter” – your entries will then be added to your cart;
(d) proceed to your cart, follow the instructions to enter your contact and payment details and tick the declaration which confirms you have read and understood these Terms, and any specific Competition Terms; then
(e) complete the transaction and make payment.
4.7 Once your payment has cleared, provided that you have answered the Question correctly, you will be randomly allocated entry numbers to the value of your purchase, but we are under no obligation to confirm whether or not an Entry was received prior to the end of the Promotion Period, your answer to the Question is correct or whether your Entry is otherwise valid.
PLEASE NOTE THAT YOU WILL NOT HAVE MADE AN ENTRY (AND, THEREFORE, YOU WILL NOT BE PARTICIPATING IN THE COMPETITION) UNTIL PAYMENT HAS BEEN RECEIVED. INCORRECT ANSWERS TO THE QUESTION WILL NOT RESULT IN AN ENTRY OR ENTRIESBEING MADE, BUT YOU WILL STILL BE CHARGED AND YOU WILL NOT BE ENTITLED TO ANY REFUND.
4.8 To enter any Competition for free, you must have created an account in accordance with section 3 above. If you have done so, you must hand write (on either a postcard or a letter) and send your full name, postal address, date of birth, e-mail address and contact telephone number by post to “Avant Prize Draws” at 1 Carrive Close, Forkhill, Newry, BT359SH, specifying the Competition you wish to enter and any details required in connection with the relevant Competition, including the correct answer to the Competition Question. In order to be eligible, the Competition and answer to the Competition Question must be spelt correctly.
First or second-class postage must be paid for each Entry. Hand delivered cards or letters will not constitute an Entry, and will not be accepted for the Competition (but will not be returned).
Each postcard or letter which complies with this section 4.8 will be one Entry. Multiple Entries cannot be made by putting more than one card or letter in the same envelope and any attempt to do so can result only in one Entry being made (subject to compliance with all other requirements of this section 4.8).
A random number will be allocated to each correct and valid free Entry, received and confirmed by us, in the same way as for paid Entries. Save as specified in the Agreement or as required by context, all free Entries will be treated in the exact same way as paid Entries.
Where applicable, the Agreement also applies to free Entries and you will be deemed to have accepted the relevant terms when opening an account and again when taking steps to enter the Competition. We are under no obligation to confirm whether or not a postal Entry was received prior to the end of the Promotion Period or in compliance with this section 4.8, your answer to the Question is correct or whether your Entry is otherwise valid.
4.9 To the extent permitted by applicable law, all Entries and their content become our property and will not be returned.
4.10 We reserve the right to refuse your Entry at our reasonable discretion, including (without limitation) where any Entry is automatically generated or incomplete, if any Entry does not comply with the Agreement, or if we have reasonable grounds for believing that you have contravened the Agreement.
4.11 We do not accept responsibility for Competition Entries that are not successfully completed, or are lost or are delayed regardless of cause, including (for example and without limitation) as a result of any postal delays, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.
4.12 Proof of posting or transmission will not be accepted as proof of receipt or validity of any Entry.
4.13 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 (for paid Entries).
5. Picking the Competition Winner
5.1 All complete and correct Entries received by the end of the Promotion Period in accordance with the Agreement will be allocated a Competition number, and our random number generator will determine the winner of each Competition no later than two weeks later than the end of the relevant Promotion Period.
5.2 The results will normally be live streamed on one of our social media platforms (or such other live streamed internet channel as we choose) and may be announced via other mediums.
5.3 There will only be one Winner per Competition unless we state otherwise.
5.4 We will attempt to contact any Winner using the telephone numbers and email address provided at the time of Entry (or as subsequently updated) and held securely in our database as soon as reasonably practicable following announcement of the Winner. It is your responsibility as an entrant 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 incorrectly, we will not be held responsible for any consequences of this of whatever nature and however arising. You must carefully check your contact details have been recorded correctly and keep them updated using your account on our Website where these change over the Promotion Period.
5.5 If for any reason we are unable to contact a Winner within five working days (i.e. Monday to Fridays which are not bank or public holidays in Northern Ireland) (which period may be extended at our sole discretion) of the selection of the Winner, or the Winner fails for whatever reason or cause to contact us in writing to confirm acceptance of the Prize and/or the Winner is disqualified as a result of not complying with or contravening any terms of the Agreement, the Winner hereby agrees that it will immediately, irrevocably and automatically forfeit the Prize and the Prize will remain in our possession and ownership, for re-distribution to a new Winner, who shall be selected by going through the processes identified in sections 5.1 and 5.4 again until a Winner is successfully identified. We will do this as soon as reasonably practicable in the circumstances.
5.6 We do not accept any responsibility and are not liable to pay any compensation if you are unable to, or do not, take up the Prize.
5.7 We reserve the rights (at our sole discretion and for any reason), in relation to each Competition, to close the Competition early without selecting a Winner, to extend the Promotion Period and to close the Competition early and select the Winner from the valid and eligible Entries received by us prior to the time of closure. In the event that a Competition is closed without selecting a Winner, we will give all Entries a refund or credits to enable the relevant participants to re-participate in an equivalent or substantially equivalent subsequent Competition.
5.8 Our decision as to the Winner of any Competition is final and no correspondence will be entered into.
6. Winner’s Details
6.1 The Winner will be required to show proof of identification on delivery of the Prize. Any failure to meet this requirement may result in the Winner being disqualified and our retaining the Prize.
6.2 All Winners will be asked for their consent by us to provide photographs and/or pose for photographs and videos and have their personal details (including details of any Prize won by them) included in marketing material. If a Winner consents to the above, the foregoing photographs, videos and marketing material may be used in future marketing and public relations by us in connection with the Competition and in identifying them as a Winner of a Competition. We also reserve the right to provide the Winner’s identity to the Advertising Standards Agency (and other regulators or law enforcement bodies) in line with legal requirements.
6.3 Following receipt and verification of the details requested above by us and provided that the Winner has satisfied the Agreement, the Winners will be contacted in order to make arrangements for delivery of the Prize.
7. Competition Prizes
7.1 The Prizes are determined by us and details of each Prize can be found on the Website on the Competitions pages. Details of the Prize are, to the best of our knowledge, information and belief, correct as at the start of the relevant Promotion Period.
7.2 Prizes are subject to availability. We reserve the right to substitute any Prize with a prize of equal or greater value. If any details of the Prize change, we will endeavour to update the Website as soon as reasonably possible.
7.3 We take no responsibility for any Prizes, once delivered, and insurance is not offered on any of the Prizes on our Website. The Winner must ensure compliance with all laws and payment of all taxes (in any applicable jurisdiction) in relation to its receipt, use and disposal of the Prize.
7.4 Where relevant (i.e. not for fixed property prizes like houses and/or apartments) delivery of the Prize to the Winner’s home address in the UK or Ireland is provided by us free of charge, except for delivery of cars, which must be collected by the Winner from the location notified by us. If we decide to deliver outside the UK or Ireland we will require payment of the requisite delivery fees.
7.5 We will pay the following expenses (where relevant) to the extent that they are direct, solely related and necessary in order for us to effect transfer of ownership of the Prize to the Winner: (a) stamp duty land tax; (b) legal expenses; (c) conveyancing charges; (d) Land Registry registration fees; and (e) other expenses which are required (in our view) in order for ownership of the Prize to transfer to the Winner, in all cases (a) to (e) provided that we have agreed such expenses in advance, that the expenses are reasonable and that the Winner provides all information and assistance we deem necessary. We will not pay or be responsible for payment (or non-payment) of any expense, cost or tax which arises following or in respect of the period following transfer of ownership.
7.6 The Winner shall indemnify, defend and hold harmless us, our directors, shareholders, owners, employees, advisors, contractors and sub-contractors against all claims, penalties, liabilities, costs, expenses, damages, complaints and fines (including but not limited to any direct, indirect or consequential losses and legal costs) suffered or incurred by any of us or them arising out of or in connection with your breach of this Agreement and the Winner’s (and/or any third party’s) receipt, use and disposal of the Prize.
7.7 The Winner hereby agrees that all Prizes are subject to and conditional upon the terms of the Agreement, as well as the Winner’s acceptance of the terms of any Prize provider, manufacturer and/or supplier and/or any third party involved in the delivery of the Prize to the Winner (such acceptance being deemed to have been given by the Winner by participating in the Competition).
7.8 Each Prize must be accepted as awarded and is non-transferable or convertible to other substitutes (including cash, other than at our discretion or where the Prize is stated to have such optionality) and cannot be used in conjunction with any other vouchers, offers or discounts, including without limitation any of our vouchers or offers or those of other prize suppliers and/or third parties.
7.9 If we offer holiday packages as, or as part of, any Prize, these will not (unless expressly specified otherwise in the Competition Terms) include travel insurance, the cost of flights, the cost of transfers to and from airports or stations, food and drink, spending money, tax or personal expenses. Any other costs incurred in addition to those set out above and that are incidental to the fulfilment of the Prize are the responsibility of the Winner. The Winner will be responsible for ensuring that you and any person travelling with you are available to travel and hold valid passports, any necessary visas and travel documents for the holiday in question on the travel dates specified. Dates once notified to any travel agent or other third party cannot be changed.
7.10 Where the Prize is fixed property such as a house, apartment or other property:
(a) due to the nature of the Prize, no guarantee or commitment can be given in respect of the date on which ownership of the Prize would transfer to you;
(b) as a condition of entry, you agree that you must carry out your own due diligence process, conduct all investigations and obtain all advice, rights and entitlements which are prudent, reasonable, standard and/or necessary as part of, or in connection with: (i) the formation of this Agreement and your participation in the Competition; (ii) the state and status of the Prize; (iii) the process of assigning ownership of a property such as the Prize in the jurisdiction in which the Prize is located; (iv) your right (if the Winner) to claim and use the Prize, including in respect of permission to enter the jurisdiction in which the Prize is located; and (v) all matters regarding the Prize following the transfer of ownership;
(c) the form and content of the legal agreements (and all other requirements) by which ownership of the Prize would be transferred to the Winner shall not be subject to negotiation. If, for any reason, those agreements are not entered into by the Winner within a reasonable time (determined at our discretion) following notification by us, the Winner will (without any liability accruing to us, our directors, shareholders, owners, employees, advisors, contractors and sub-contractors) be deemed to have forfeited the Prize, and shall not be entitled to any substitute prize or any damages, expenses or liabilities. In this event, we will re-run the process described in section 5 above to identify the next Winner.
8. Storage
8.1 We can store the chosen Prize free of charge for up to thirty days after notifying the Winner, at the end of which time the Prize will be delivered to the Winner, where relevant (i.e. not for fixed property prizes like houses and/or apartments). If the Prize needs to be stored by us for more than thirty days then this shall be at the cost of the Winner, and such costs will need to be paid by to us before the Winner is sent or can collect their Prize.
9. Limits of Liability
9.1 We make or give 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.
9.2 Except for liability for death or personal injury caused by our negligence 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, we shall not be liable for any loss or damage suffered or sustained to any person or property including, but not limited to, indirect and/or consequential (including economic) loss or liability by reason of any act or omission by us, our directors, shareholders, owners, employees, advisors, contractors and sub-contractors, in connection with this Agreement, any Competition and/or the arrangement for supply, or the supply, of any goods and/or services 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 us.
9.3 Our total maximum aggregate liability to each Winner, under and in connection with this Agreement, contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the lower of £1,000 and half of the total value of the Prize of the Competition in connection with which the liability accrued..
9.4 Our total maximum aggregate liability to you, under and in connection with this Agreement, contract, tort (including negligence), breach of statutory duty, or otherwise, shall (if you are not a Winner) be limited to the amount that you have paid to enter Competitions in the first 12 months of you playing any Competition.
9.5 Nothing in the Agreement 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 us 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 We shall use 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, we reserve the right to reclaim the Prize and award it to the correct person, at our sole discretion and without admission of liability.
10.3 In such circumstance, if you have been incorrectly awarded the Prize you will immediately at your own cost and expense return it to us and/or pay us for that Prize (at our option). We 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 We shall use reasonable endeavours to ensure that the software and Website(s) used to operate our Competitions performs correctly and accurately across the latest versions of popular internet, tablet and mobile browsers. For the avoidance of doubt, only the Entry 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.
11. Validation
11.1 We reserve the right to not issue Prizes until we are satisfied that: (a) the Winner has a validly registered account with us; (b) the Winner is not in breach of the Agreement; (c) any amounts due or owing by you to us have been paid in full; (d) the identity of the Winner and his or her entitlement to receive the Prize has been established to our satisfaction (in particular, we reserve the right to request documentary proof of identity and address and not to give or make a Prize until satisfied appropriate proof of identity has been provided); and (e) we 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 or are otherwise in breach of any term of the Agreement or Competition Terms.
11.2 If we are offering a cash Prize you must provide us with details of a bank or building society account in the sole name of the Winner, and proof that this account is registered at the address connected to the Winner’s application. This bank (or building society) account cannot be used in connection with any other use account.
11.3 Without prejudice to section 11.1 above, we reserve the right not to make or give a Prize if we reasonably suspect the occurrence of fraud or non-compliance with the terms of this Agreement or any Competition Terms in relation to any Competition.
11.4 We may, at our absolute and sole discretion, give or make a Prize to a person whom we are satisfied is the duly authorised representative of the Winner acting under a lawfully executed power of attorney or other equivalent authorisation.
12. Your Account
12.1 You must keep your account password secure and secret at all times and take steps to prevent it being used without your permission. You must: (a) memorise your password and never tell it to anyone; (b) never write your password down (including on your computer or other electronic device) or record it in a way that can be understood by someone else; (c) destroy any communications from us 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,
12.2 Your password and log in 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
12.3 You must contact us immediately using the Contact Us form on our Website 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.
12.4 If you forget your password, you can reset it by following the instructions on the Website (as long as you can provide the relevant security information requested or required by us).
12.5 We 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 section 12 by you. Furthermore, we 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.
13. Unauthorised use and expiry of your Card
13.1 If you notify your nominated bank (or building society) that your debit card has been used without your permission in relation to a Competition and your nominated bank (or building society) asks us to return the relevant amount to your nominated bank (or building society) account, we may suspend your account and ask you to contact us. We accept no responsibility and will have no liability for any chargebacks.
13.2 If your debit card is due to expire, we shall use reasonable efforts to return the funds in your account to your debit card before midnight on the day it expires. If it is not able to do so, we shall use reasonable efforts to alert you of this and you should, in these circumstances, contact us to arrange another appropriate way for us to return the funds to you.
14. Use of the Website
14.1 Our Website (other than entry of Competition) is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
14.2 You hereby agree that (a) the Website, the Competitions are for your own personal, non-commercial use, and (b) you are only allowed to use your account and the Website, enter Competitions via your account, as set out in the Agreement.
14.3 You also hereby agree that you will only use your account, enter Competitions, and access and/or use the Website 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 our software and IT systems which will cause, or be likely to cause, (i) detriment and/or harm, in any degree, to the Website, our software and IT systems owned and/or operated by us and/or others, and/or (ii) loss of and/or damage to data, (c) hack into, make excessive traffic demands on or cause any impairment of the functions of any computer system, deliver or forward chain letters, “junk mail” of any kind, surveys, contests, pyramid schemes or otherwise engage in any behaviour intended to prevent others from playing entering Competitions, and/or using the Website and/or any other website, and/or which is otherwise likely to damage our reputation and/or business and/or that of any third party, and/or (d) authorise or allow anyone to do or facilitate the doing of any of the things set out above.
By breaching this section, you may be committing a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and enter any further Competitions will cease immediately.
14.4 You hereby agree to indemnify us against any and/or all costs, losses, damages and expenses which we 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 our software and/or IT systems, and/or breach by you of the Agreement.
14.5 There is no guarantee that the Website will display correctly on all devices it can be viewed on.
14.6 We are the owner or licensee of all the copyright, trademarks and other intellectual property rights in, to and in respect of the Competitions and the Website, and you will not acquire any rights in any of these.
14.7 Any of our trade marks, service marks, logos, trade names, source identifiers and/or proprietary designations (Trade Marks) used on and/or in connection with the Website or Competitions are proprietary to us and may not be used by you without our prior written consent. Trade Marks of third parties used on and/or in connection with the Website, the Competition are used for identification purposes only and may be the property of their respective owners.
14.8 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 Competitions (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 playing the Competitions.
14.9 You hereby agree that playing Competitions (as well accessing and/or using your account) whilst located in any jurisdiction other than the UK or Ireland is strictly prohibited.
14.10 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out by us from time to time.
15. Discretion
15.1 The exercise by us of any discretion provided for in the Agreement will be final and binding.
16. General
16.1 If we fail or delay enforcing a provision of the Agreement, this failure and/or delay is not a waiver of our right to do so later on.
16.2 If any provision (or part of a provision) of the Agreement 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.
16.3 You may not assign or otherwise transfer (in whole or in part) your rights and/or obligations under the Agreement. Any breach of this section 16.3 may result in the use of your account and/or the provision of the Competition and/or access to the Website being suspended or terminated immediately by us. We may assign or otherwise their rights and/or obligations under the Agreement in whole or in part to any third party at its sole and absolute discretion and without your consent. We may also assign the Agreement in its 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. The Agreement shall bind and inure to our benefit, its successors and permitted assigns.
16.4 The Agreement constitutes the entire agreement between you and us regarding its subject matter and supersedes any other prior or contemporaneous agreements or terms.
16.5 No third party to the Agreement shall have any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any provision of the Agreement.
16.6 We shall not be liable for any delay or failure to perform any obligation under the Agreement 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.
16.7 The Website may contain hyperlinks to websites operated by parties other than us. Such hyperlinks 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 hyperlinks to such websites does not imply any endorsement of the material on such websites, association, sponsorship and/or partnership with their operators. You must not create a text hyperlink to the Website without our prior written consent.
17. Dispute Resolution
17.1 Subject to section 5.8, in the event of a dispute arising out of or relating to this Agreement, including (without limitation) any question regarding its breach, existence or validity, and including any non-contractual claims (whether in tort or otherwise) (Dispute), you and we shall each endeavour to reach a solution of the Dispute which is mutually satisfactory to both. Either party may commence such process by requesting a meeting with the other party, which may take place in person, or remotely, to try to resolve the Dispute.
17.2 If a resolution of the Dispute is not reached within 14 days, either party may refer the Dispute to arbitration in accordance with the provisions of section 17.3 below.
17.3 In the event of a Dispute being referred to arbitration in accordance with section 17.2, the Dispute shall be finally resolved by arbitration subject to the UNCITRAL Arbitration Rules, which rules are deemed to be incorporated by reference into this section 17. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be The Resolution Centre, Belfast, Northern Ireland and the language of the arbitral proceedings shall be in English. The governing law of the arbitration agreement shall be the substantive law of Northern Ireland.