Terms and Conditions

 TERMS AND CONDITIONS OF USE OF OUR WEBSITE

These are our terms and conditions. They apply each time you visit our site and we will assume that you’ve read them before you use the Site. They do change from time to time so please re-read them each time you visit the Site.

THIS SITE IS NOT AVAILABLE TO ANYONE UNDER THE AGE OF 18 YEARS – SHOULD IT BE FOUND THAT ANYONE ENTERING A DRAW IS UNDER 18, THE ENTRY WILL BE CANCELLED AND ANY PRIZE AWARD WILL NOT BE HONOURED.

AGREEMENT

These Terms and Conditions comprise the following sections:

  • General Terms
  • Draw Terms and Conditions
  • Definitions
  • Privacy Notice

which together form the basis of the relationship between you and us, and you and we agree to be bound by what each section says.

If you choose to take any of the Services we offer, no binding agreement will exist between you and us until we have confirmed, by email to you, that we have accepted you as a customer. Any payment you make to us will be refunded to you in full if we do not accept you as a customer.

GENERAL TERMS

These terms apply each time you visit the Site, whether or not you use the Services we offer.

1.         YOUR PROMISES TO US

You agree that:

1.1       You have the right to make the Agreement with us and that you are over the age of 18 years.

1.2       You will read the terms and conditions on any site we link you to.

1.3       You won’t use robots, spiders, scrapers or similar things on the Site.

1.4       You won’t try to get around any things we put on the Site to stop or limit access to parts of it.

1.5       You won’t do anything that might cause our systems to crash.

1.6       You won’t steal the Site or any part of it for use in any other site or application.

1.7       You won’t try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs we use in connection with the Site or the Services it offers.

1.8       You won’t copy, imitate or use the trademarks and/or designs and/or layout or anything else which would usually amount to intellectual property and which we own.

1.9. You must be a UK resident to participate in any of our raffles.

2.         INTELLECTUAL PROPERTY

Either we or our business partners and affiliates own all of the information and intellectual property on the Site and you have no right to copy or use any of that information or intellectual property other than to use the Site unless we give that right to you.

3.         PRIVACY AND COOKIES

            You and we both agree that our Privacy Notice forms part of these Terms and Conditions. 

4.         DISCLAIMERS

4.1       We can’t promise that the Site will meet your needs, that it will work properly, that it will be fit for a particular purpose or that it will not infringe the rights of others.

4.2       We can’t promise that the Site will work with all systems, that it will be secure and that all information provided will be accurate.

4.3       We don’t give advice on the Site, just general opinions, and so don’t rely on what we say when you make any decisions.

4.4       We take all reasonable effort to test material before placing it on the Site. In the very unlikely event of any loss, disruption or damage, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur whilst using material derived from the Site.

4.5       If you link to any other site using the Site then you understand that separate conditions will apply to those sites and that we have no control over those conditions – so you agree that you will read and understand them before using those sites.       

5.         AVAILABILITY OF THE SITE

5.1       We never guarantee that the Site will be available all the time and if it’s not available for any reason you can’t hold us responsible for anything you lose as a result.

5.2       We have the right to change the Site and the Services, suspend it or stop it at any time.

6.         LIMITATION OF LIABILITY

6.1       As far as we are allowed by law we deny liability for any losses of all kinds which you incur from visiting and/or using the Site. You use the Site at your own risk.

6.2       Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.

7.         LINKS TO OTHER WEBSITES

7.1       We don’t control any of the websites we link to and so we can’t be responsible for the content of such websites and we disclaim liability for any losses which come out of you using them.

7.2       Just because we link to a site does not mean that we endorse or recommend that site.

7.3       We can never guarantee that a link will work.

8.         MODIFICATIONS TO THESE TERMS AND CONDITIONS AND THE SITE

8.1       You agree to re-read these Terms and Conditions each time you visit the Site so as to understand any changes we’ve made to them.

8.2       If we change the Site these Terms and Conditions will apply to any changes we make.

9.         GENERAL MATTERS

9.1       These Terms and Conditions are made under the laws of England and Wales and that is the only jurisdiction which can govern them.

9.2       We and you agree that these Terms and Conditions do not form the basis of any partnership or co-venture.

9.3       These Terms and Conditions supersede any previous terms and conditions we have published and represent the entire understanding between you and us.

9.4       Time will not be of the essence in any part of any agreement between you and us.

9.5       All parties acknowledge and agree that they have not entered into any agreement between them in reliance on anything said or promised by the other which is not in these Terms and Conditions.

9.6       If a Court or other body says that any part of these Terms and Conditions is unenforceable, the rest of them will stand.

9.7       If either you or we need to give formal notice to the other, it must be done by email to the address each of us gives to the other from time to time.

9.8       These Terms and Conditions contain the entire understanding between you and us.

9.9       In these Terms and Conditions, unless the context otherwise requires, the words and phrases contained within the Definitions section will have the meanings ascribed to them in that section.

DRAW TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS APPLY WHEN YOU ENTER ONE OF OUR DRAWS. THEY ARE INTENDED TO BE LEGALLY BINDING AND WE ASK THAT YOU READ THEM FULLY BEFORE YOU ACCEPT THEM.

An agreement will come into effect between you and us, as soon as we have issued your Ticket for the Draw.

1.         Our Obligations

1.1       We will be responsible for ensuring that we comply with all statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to each Draw.

1.2       Each Draw will be made and broadcast on social media of our choice. The Draw will be made using a random number generator to choose the winning ticket.

1.3       We will notify the winner, by email or telephone, within 24 hours of each Draw.

1.4       We have no obligation to pay any costs other than shipping costs to you.

1.5       We offer no cash alternative to any Prize.

1.6       We will send the Prize to you by post to the address you have given to us when buying the Ticket, within 7 days of your acknowledging our notification.

1.7       We may substitute the Prize for an alternative Prize of the same nature and value, if the original Prize is not available.

1.8       We will limit the number of Tickets for each Draw to the number shown on the Site.

1.9       We will publish the name of each winner of a Draw on the Previous Winners section of the Site.

1.10     We are the promotor of each Draw.

1.11     Each Draw will run until all tickets for that Draw have sold and the Draw will take place as soon thereafter as is reasonably possible.

2.         Customer Obligations

2.1       You will make sure that all information you provide when entering a Draw is true, accurate and complete.

2.2       You may not enter any Draw if you are one of our employees or a family member of one of our employees.

2.3       By submitting your Personal Data to us, you are agreeing that we may use your name, image and the Prize you have one in our marketing and promotional material, for an unlimited period of time, provided, at all times, that it is used in such a way as not to give your address.

2.4       You may purchase only 10 Tickets for each Draw. Should you attempt to or actually purchase more than this, all of the Tickets you have purchased for that Draw will be nullified and we will not make a refund of the price you have paid for such Tickets, which will be used to reimburse the administrative expenses we have been put to.

2.5. All participants will have to correctly answer a qualifying question to be entered into the draw, should this question be answered incorrectly the ticket entry will not count, payment will still be taken and the value of the ticket or tickets will not be refunded.

2.6       If you are a winner:

2.6.1                 you must respond to our email notifying you of the win within 14 days of being notified;

2.6.2                 you must send us a copy of your passport or other proof of age and identity which is satisfactory to us and a utility bill to prove your address; and

2.6.3                 you must agree to our reasonable requests for you to pose for photographs and video recordings, which we may use for publicity, promotion and marketing purposes.

If you fail to do any of the above, your Prize will be forfeited and we may select another winner, in accordance with the process described above.

2.7       Should you reject the Prize we may treat that rejection in the same manner as if you failed to respond to our notification under Clause 2.5.

2.8 Upon entering any of our draws, you agree and understand that your full name and ticket number will be displayed on the relevant entry list. This entry list will be visible during our live draws and will also be downloadable from our website.

3.         Accounts

3.1       When you create an Account you promise that:

3.1.1                 You will only have one Account with us;

3.1.2                 All information you submit is accurate and truthful;

3.1.3                 You will keep this information accurate and up-to-date;

3.1.4                 You will not share your Account with anyone else;

3.1.5                 You will keep your Account details confidential;

3.1.6                 You will not give your username or password to anyone else;

3.1.7                 You will log off when you exit the Site; and

3.1.8                 Your username will not be offensive, suggest that you are someone else or that you represent a trade or brand name. We can change a username if we think it breaks this term.

3.2       We may close your Account if you break these Terms and Conditions or if there has been no activity on the Account for 12 months.

3.3       If any payment we send to your bank account is refused and you do not supply us with an alternative bank account within 28 days of us asking you, we may keep that payment to cover our costs and you will be entitled to nothing.

3.4       If you have not authenticated your current email address with us and/or if it cannot accept service emails from us and/or you mark our emails as spam, abusive or junk then, and in any such event, we can terminate your Account.

3.5       If we earn any commission or interest on the money deposited in your Account we may keep that commission and/or interest.  

3.6       You can cancel your Account with us at any time – all you need to do is to email us at info@luckedoutlaces.co.uk

4.         Uploading Material and Use of Communications Facilities

4.1       When using any forum or feedback service we provide you will comply with the following conditions:

4.1.1                 you must not use obscene or vulgar language;

4.1.2                you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

4.1.3                you must not submit Content that is intended to promote or incite violence;

4.1.4                all submissions are made using the English language;

4.1.5                the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

4.1.6                you must not impersonate other people, particularly our employees and representatives of our affiliates; and

4.1.7                you must not use our System for unauthorised mass communication such as “spam” or “junk mail”.

4.2       You acknowledge that we may monitor any and all communications using our System and all material you upload.

4.3       You acknowledge that we may retain copies of any and all communications made to us or using our System.

4.4       You acknowledge that any information you post on any forum or in any feedback may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we have the right to reject such terms and associated information.

5.         Liability, Indemnity and Insurance

5.1       You understand and agree that we will have no liability to you if you provide us with information which is inaccurate or incomplete or if you are disappointed with the Prize.

5.2       Our total liability for any loss or damage caused as a result of our negligence or breach of the Agreement shall be limited to the price you paid for the Ticket.

5.3       We will not be liable for any loss or damage you suffer that results from your failure to follow any instructions we give you and we will not be liable to compensate you for special damages, loss of profit or opportunity, indirect or consequential loss.

5.4       Nothing in these Terms and Conditions or in the Agreement shall limit or exclude our liability for death, personal injury or fraud.

5.5       Neither party shall be liable to the other or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of that party’s obligations if the delay or failure is due to any cause beyond that party’s reasonable control.

6.         Entrants From Outside the United Kingdom

6.1       You warrant that, if you are in a country other than the United Kingdom, it is lawful for you to enter a Draw and to receive the Prize.

6.2       If you are in a country outside the United Kingdom:

6.2.1                 we have the right to charge that difference between the delivery charges in the United Kingdom and the delivery charges to your residence, using a reasonably secure delivery method;

6.2.2                 we are not responsible for any taxes or duties levied upon the Prize; and

6.2.3                 we cannot guarantee delivery of the Prize.

7.         Force Majeure

Neither you nor we shall be liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of the party in default. Such causes might include, but are not limited to: power failure, internet contractor failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond our or your control.

8.         No Waiver

If you or we fail or delay in exercising any of your/our rights under the Agreement that failure or delay will not be a waiver of that right, and no waiver shall be deemed to be a waiver of any further breach of the same or any other provision.

9.         Assignment and Sub-Contracting

            The Agreement is personal to you and you may not assign, mortgage, charge or sub-license or otherwise delegate any of your rights thereunder, or sub-contractor otherwise delegate any of your obligations thereunder without our written consent.

10.       Relationship of the Parties

Nothing in the Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between you and us other than the contractual relationship expressly provided for in the Agreement.

11.       Third Party Rights

No part of the Agreement shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.

12.       Notices

12.1     All notices under the Agreement shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the party giving the notice.

12.2     Notices shall be deemed to have been duly given when sent by email to the last known email address of the party in question.

13.       Entire Agreement

13.1     The Agreement (constituting the General Terms, the Draw Terms and Conditions, the Definitions and the Privacy Notice contains the entire agreement between you and us and may not be modified except by an instrument in writing signed by the duly authorised representatives of the parties.

13.2     Each of you and us acknowledges that, in entering into the Agreement, we do not rely on any representation, warranty or other provision except as expressly provided in the Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

14.       Severance

If one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

15.       Law and Jurisdiction

The laws of England and Wales will apply to the Agreement and any dispute between you and us will fall within the jurisdiction of the courts of England and Wales.

16.       Cancellation

16.1     If you are a consumer you have a statutory right to cancel your Agreement with us up to 14 calendar days after the Agreement has been formed. You may cancel the Agreement with us for any reason under this right.  If you wish to cancel the Agreement after we have started to provide the Services, this right will not apply.

16.2     If you wish to exercise your right to cancel under this Clause 16, you must tell us as soon as possible.  You may do so in any way that is convenient for you.  Please ensure that you tell us of your decision to cancel before the period in Cause 16.1 expires (note that the cancellation period is defined as whole Calendar Days). You may contact us by email at info@luckedoutlaces.co.uk.

16.3     Any refund to which you may be entitled under this Clause 16 will be issued to you no later than 14 Calendar Days after the date on which you tell us that you wish to cancel.

16.4     Refunds under this Clause 16 will be made using the same payment method you used when making payment to us.

16.5     Should you wish to cancel your Ticket after the period referred to in Clause 16.1 or (if you have chosen to ignore your right to cancel and to enter the Draw), no refund will be given.

16.6 If your ticket number is drawn, you must respond to the winning message/email within the time specified within the message/email. If no response is recorded the raffle for that prize will be re-drawn and another winner chosen.

DEFINITIONS

We, Us, Ourmeans Lucked Out Laces Limited whose registered office is at 20–22Wenlock Road, London N1 7GU. Company Number 12691417;
You, Yourmeans a visitor to the Site;
Accountmeans the Account you create if you wish to use our Services;
Agreementmeans the agreement which comes into effect when you accept these Terms and Conditions;
Contentmeans any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site;
Drawmeans any Prize draw advertised on the Site, for which you purchase a Ticket;
PrizeMeans the prize offered in each Draw
Servicesmeans the Services we supply to you;
Sitemeans luckedoutlaces.co.uk;
Terms and Conditionsmeans these terms and conditions;
Ticketmeans a ticket entitling you to participate in a Draw; and

PRIVACY NOTICE

LUCKED OUT LACES LIMITED

Lucked Out Laces and www.luckedoutlaces.co.uk are the trading names owned and operated by Lucked Out Laces Limited.

We offer a service to consumers selling draw tickets.

This notice is designed to give you clear information about what Personal Data we collect and how we use it. This Privacy Notice describes how we the use Personal Data processed by us and covers the steps we take, when you contact us using the site.

Definitions

To help make this Privacy Notice a little easier to read, we have defined certain words and phrases. Those definitions are as follows:

GDPR                            the General Data Protection Regulation EU 2016/679.

Personal Data               the data/information we hold about any data subject – as defined further by GDPR.

Privacy Notice               the provisions contained in this document.

Site:                             www.luckedoutlaces.co.uk

Who we are

We are Lucked Out Laces Limited and we trade as Lucked Out Laces. Our company number is 12691417 and our registered address is 20–22 Wenlock Road, London N1 7GU. We are registered with the Information Commissioner’s Office under registration number ZA766117.

We are the Data Controller for Personal Data which we use to provide the Services and for marketing purposes.

We can be contacted at info@luckedoutlaces.co.uk

How do we collect and use Personal Data and what types of Personal Data do we collect?

When you use the Site, we store Personal Data about your visit using Cookies.

Cookies are text files placed on your device to collect standard internet log information and visitor behaviour information. This information is used to track visitor use of the Site and to compile statistical reports on Site activity.

For further information about cookies visit:

www.aboutcookies.org

and / or

www.allaboutcookies.org

Through the use of Cookies, we collect certain Personal Data, including: IP address, identification number, online identifier, browser information, location data and other similar identifying information required for your devices to communicate with websites and other applications on the internet.   We use that information to provide our Services and, from time to time, for marketing purposes, so that we can suggest offers and companies who may be able to assist you.

You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. However, in a few cases some of our Site features may not function as a result.

Using the Site

The Personal Data we hold for you will be held for no longer than we need it. Usually, if you are a private individual and not a business, we will not retain any Personal Data for longer than 3 months.  We may keep some Personal Data for longer if there is a legal or tax reason for us doing so and we may use it for marketing purposes.

Sharing Personal Data

The Personal Data you submit to us may be passed to the third party service providers we use to provide services to us, including accepting and making payments.

We may transfer your Personal Data to data processors within and outside the European Economic Area. If we do so, we will apply appropriate measures and controls to protect your Personal Data in accordance with applicable data protection laws, regulations and regulatory guidance. In all instances, we will take into account the nature of the Personal Data we are transferring, and the level of protection provided by those processors.

Rights that you have

As your Personal Data is held by us you have rights under GDPR that we will always respect. Your rights are:

  • The right to request a copy of the Personal Data which we hold about you without charge;
  • The right to request that we correct any incorrect or out of date Personal Data we hold;
  • The right to ask us to erase Personal Data when it is no longer necessary for us to keep it;
  • The right to withdraw any consent you have given to the processing of your data, at any time;
  • The right to request that we provide you with details of the Personal Data we hold about you;
  • The right to send your Personal Data directly to another data controller, so that they can perform a contract with you;
  • The right, if you think the Personal Data we hold is wrong, to stop us processing that Personal Data until the issue is resolved;
  • The right to object to the processing of Personal Data, including for marketing purposes;
  • The right to lodge a complaint with the Information Commissioner’s Office (the ICO).

New purpose

If we wish to use your Personal Data for a new purpose not covered by this Privacy Notice, then we will provide you with a new notice explaining what we are proposing. We will tell you what we propose and point out new uses or conditions that we wish to apply. We will not process any Personal Data without your consent.

Other websites

The Site may contain links to other websites. This Privacy Notice only applies to our Site so, when you link to other websites, you should read and understand their Privacy Notice.

Contacting us and updating your Personal Data

If you wish to update, correct or change your Personal Data, how we use it or to make a complaint about what we are doing, you can do so by emailing us at info@luckedoutlaces.co.uk.

If you make a complaint about how we use your Personal Data and we don’t resolve it your satisfaction, you can contact the Information Commissioner’s Office via their website (www.ico.org.uk).

We will occasionally update this Privacy Notice.  We encourage you to review this Privacy Notice from time to time, so that you can see any changes and remind yourself as to how we use your Personal Data.

This Privacy Notice was last updated June 2020.