Terms of Play

Terms and Conditions

 

Promoter: Lux Elements Ltd T/A Luxury Elements

Registered Company Number: 12980842

 

Competition Terms

 

  1. Qualifying Persons

 

    1. Lux Elements Ltd t/a Luxury Elements (‘Promoter’, ‘Our(s)’)
      operates skill-based prize competitions (the Competition(s)’)
      resulting in the allocation of prizes (the ‘Prize(s)’) in
      accordance with these terms and conditions on the website
      LuxuryElements.co.uk (The ‘Website’)

 

  1. Competitions are open to persons over the age of 18 who reside in
    the UK and ROI, unless specifically stated on the Competition entry
    page. Employees of the Promoter, family members or anyone directly
    associated with the Promoter are restricted from entering the
    Competitions.

 

    1. The Promoter reserves the right to cancel an entry or close a
      Customer’s account at any given time if they feel the customer
      is abusing the Website system or service provided on the
      Website, or if being abusive towards staff or other customers,
      or if they have a belief that it is not genuinely the customer
      entering the Competition.

 

    1. The Promoter reserves the right to refuse a Customers entry
      into the Competition at the discretion of the Promoter.

 

    1. These Terms and Conditions apply to all the Prize Competitions
      as outlined on the Website.

 

  1. Legal Undertaking

 

    1. By entering a Competition, the entrant (‘Entrant’, ‘Customer’,
      You’, Your(s)’) will be deemed to be of a legal capacity to do
      so. You will have read, understood and accepted the terms and
      conditions set out here and will be bound by them and any other
      requirements as set out in of the Promoter’s promotional
      material.

 

    1. Competitions are governed by English Law and all and/or any
      matters or disputes relating to the Competition shall be dealt
      with and/or resolved under English Law and the Courts of
      England shall have exclusive jurisdiction.

 

  1. The Promoter will not be held responsible for any Entrant entering
    the Competitions unlawfully; in the event that you participate in a
    Competition online via the Website, and by accepting the terms and
    conditions you hereby confirm that you’re not in breach of any laws
    in your country of residence regarding the legality of entering our
    competitions. If You are in any doubt, please immediately leave the
    Website and check with the relevant authorities in your country of
    residence.

 

  1. Competition Entry

 

    1. Multiple Competitions may be operated at the same time by the
      Promoter and can be entered into via the Website. Each
      competition will be for a specific prize/prizes which will be
      outlined on each Competition entry page.

 

    1. Pricing and Availability of the Competitions is at the
      discretion of the Promoter and will be specified at the point
      of sale on the website.

 

    1. The Competition, in accordance with the Gambling Act 2005, is
      ran as a Prize Competition and therefore in-keeping of the
      definition of a Prize Competition, it uses a skill-based
      question to enter the Competitions and so does not require a
      license to be operated legally in Great Britain.

 

  1. To enter the Prize Competition, you will require an entry ticket
    that you have purchased, of which to obtain you will need to do the
    following:

 

    1. Select your required quantity of tickets to enter your selected
      competition (Minimum 1 ticket per person, Maximum 50 tickets
      per person per competition)

    2. You will be shown a multiple-choice quiz question, which has
      only one correct answer

    3. You will need to use your skill and judgment to identify the
      correct answer out of a choice of potential answers

    4. Select the correct answer on the screen

    5. The computer will register this answer as your entry into the
      Competition

    6. You may select as many entries for the multiple-choice quiz
      question as you wish to make, up to the specified 50 ticket
      limit.

    7. You will require 1 ticket for each entry.

    8. Only one multiple choice answer may apply to all the tickets in
      any single multiple-choice quiz question answered on entry.

    9. You will then select which Charity you wish for us to donate a
      portion of your ticket/transaction value to.

    10. You will then be able to checkout and complete the payment
      transaction to enter the competition

    11. Once you’ve completed the transaction and your payment have
      cleared, you will receive an email confirming your entry into
      the competition.

    12. You will need to check your details carefully and tick the
      declaration, confirming you agree to the Terms and Conditions

    13. In order to enter a competition, you will need to register an
      account with us, which can be completed online via the Website.
      You will be asked to provide an email address or sign-in
      through your social media account such as Facebook, Twitter or
      Gmail (‘Social Media Account’).

    14. Please note that when entering into the competitions online,
      you will not be deemed to have entered until we confirm via
      email your entry and ticket numbers (‘Entry’)

    15. The Promoter reserves the right to refuse or disqualify any
      incomplete Entry if it has reasonable grounds for believing
      that an Entrant has not abided to any of these terms and
      conditions.

    16. To the extent permitted by applicable law, all entries become
      the Promoter’s property and will not be returned.

 

  1. Promotion Periods

 

    1. Each Competition will run for a specified period of time, this
      information can be found on each competition page – noting
      Start and End date. (‘Promotion Period’).

 

  1. Competition Judgement

 

    1. Luxury Elements guarantees a 100% random draw every draw, and
      utilises the RandomDraws.com secure, compliant and independent
      drawing system to ensure a fair draw every time as required by
      the Advertising Standard Authority CAP Code.

 

    1. Random Draws has the facility to name 5 tickets as the prize
      winners for each competition, where at the specified Promotion
      Period end date, a Live draw will be hosted via our social
      media channels to reveal the top 5 winners of the prizes as
      outline on each competition page.

 

    1. The Promoter will attempt to contact the top 5 winners
      (‘Winners’) using the telephone and email address provided at
      the time of Entry (As or subsequently updated on your account).

 

    1. Your information will be held securely in our database, and it
      is the Entrant’s responsibility to ensure these details are
      accurate, up to date and complete. If for any reason the
      information you have inputted and/or submitted and/or recorded
      in any way by you incorrectly, the Promoter will not be held
      responsible for any consequences of this whatever the nature
      and howsoever arising. Entrants must carefully check their
      contact details have been recorded correctly.

 

    1. If for any reason the Promoter is unable to contact a winner
      within 7 working days once the live draw has been completed
      (Which may be extended at the discretion of the Promoter), 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 abiding 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 Promoter.

 

  1. In the event that the Promoter closes a Competition early, the
    Winner will be selected from all valid and eligible Entries
    received by the Promoter prior to the date of closure. At the sole
    discretion of the Promoter, if the Competition sells out of
    tickets, the draw date will be moved to an earlier date and will
    make the re-draw date available on the Website, via Social media
    and via email to all Entrants.

 

    1. In the event that a Competition does not sell all tickets by
      the original set Promotion Period closing date, at the sole
      discretion of the Promoter, the Promoter reserves the rights
      to:

      1. Complete the Live Draw for all eligible tickets purchased
        by Entrants prior to the Competition ending, providing the
        winning tickets with the original Prizes as outlined on
        each Competition page on the Website

      2. Complete the Live Draw for all eligible tickets purchased
        by Entrants prior to the Competition ending, giving the
        winning tickets a tiered share of up to 70% of the total
        ticket sales for the particular Competition entered in to.

      3. Delay the Promotion Period closing date by 7 Days (Up to a
        maximum of 4 times, to a total of 28 days). If the
        Competition is not sold out after the 4th extension of
        time, then the prize will be awarded as noted in 5.7.2.

      4. In the event that the draw takes place as noted in 5.7.2,
        the tiered prizes will be awarded as follows: 1st Place –
        45% of total ticket sales, 2nd Place – 10% of total ticket
        sales, 3rd Place – 7.5% of total ticket sales, 4th Place –
        5% of total ticket sales, 5th Place – 2.5% of total ticket
        sales

 

    1. Entrants who specifically consent to marketing communications
      will be entered onto the Promoter’s database for the purpose of
      conveying information as to the status of their competition, as
      well as any future promotions or Competitions offered by the
      Promoter.

 

  1. Winner’s Details

 

    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 the Promoter
      retaining the Prize.

    2. All Winners will be asked for their consent by the Promoter to
      provide photographs and/or pose for photographs and videos and
      have their persona details (Including detailing 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 the Promoter in connection with the Competition
      and in identifying them as a Winner of a Competition.

    3. Following receipt and verification of the details requested
      above by the Promoter 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.

 

  1. Competition Prizes

 

    1. The Prizes are determined and selected by all and/or some of
      the directors of the company and are owned by the Promoter from
      the date of the Competition going live on the Website to the
      date that the Winner receives the Prize. Details of each Prize
      can be found on the website on the Competition pages. Luxury
      Elements takes no responsibility for the Prize awarded after
      delivery has taken place. Once the Winner receives the Prize,
      the Promoter does not insure the Prize nor does the Promote
      take any responsibility for the Prize once it is in the
      possession of the Winner.

    2. For any Entrants based in Great Britain, who’s legal address
      provided on checkout and/or entered or updated on their
      account, delivery of the Prize is free. The Promoter has a
      right to and/or may charge the Winner delivery fees if they
      require the Prize to be delivered to an address outside Great
      Britain.

    3. All Entrant expenses to collect the Prize are the sole
      responsibility of the Winner.

    4. The Winner hereby agrees that all Prizes are subject to and are
      conditional on the terms and conditions of the Promoter, Prize
      provider, manufacturer and/or supplier and/or anyone that is
      involved in the provision or delivery of the Prize to the
      Winner.

    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 and vouchers or offers of the
      Promoter or other Prize supplier and/or third parties.

 

  1. Storage

 

    1. The Promoter 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 Promoter 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 Promoter before the Winner
      receives the Prize

 

  1. Winners’ Personal Data

 

    1. Subject to the Winner’s consent, the Winner may be asked by the
      Promoter to have their photo/video taken for promotional
      purposes.

    2. When entering a Competition, the Entrant will be asked to
      consent to use of their name, hometown and/or photography or
      other likeness, as well as your appearance at publicity events
      without any additional compensation (unless pre-agreed with the
      Promoter), and as required by the Promoter

 

  1. Limits of Liability

 

    1. The Promoter 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. Except for liability for death or personal
      injury caused by the negligence of the Promoter 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 Promoter 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 Promoter, 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 Promoter.

    2. The total maximum aggregate liability of the Promoter to each
      Winner shall be limited to the total value of each Prize that
      has been won by the relevant Winner.

    3. The total maximum aggregate liability of the Promoter to you
      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.

    4. Nothing in these terms and conditions shall prevent you making
      claims to the extent that you are exercising your statutory
      rights.

 

  1. Electronic Communications

 

    1. No responsibility will be accepted by the Promoter 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. The
      Promoter 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 Promoter
      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 Promoter and/or pay the Promoter for
      that Prize (at the option of the Promoter). The Promoter 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. The Promoter shall use its reasonable
      endeavours to ensure that the software and Website(s) used to
      operate its Competitions 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 Promoter
      shall not be held liable for any Competition Entries that occur
      as a result of malfunctioning software or other event.

 

  1. Data Protection Notice

 

    1. Any personal data that you supply to the Promoter or authorise
      the Promoter to obtain from a third party, for example, a
      credit card company, will be used by the Promoter to administer
      the Competition and fulfil Prizes where applicable. In order to
      process, record and use your personal data the Promoter may
      disclose it to (i) any credit card company whose name you give;
      (ii) any person to whom the Promoter proposes to transfer any
      of the Promoter’s rights and/or responsibilities under any
      agreement the Promoter may have with you; (iii) any person to
      whom the Promoter proposes to transfer its business or any part
      of it; (iv) comply with any legal or regulatory requirement of
      the Promoter in any country; and (v) prevent, detect or
      prosecute fraud and other crime. In order to process, use,
      record and disclose your personal data the Promoter may need to
      transfer such information outside the United Kingdom, in which
      event the Promoter is responsible for ensuring that your
      personal data continues to be adequately protected during the
      course of such transfer.

 

  1. Validation

 

    1. The Promoter 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 Promoter 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 Promoter’s satisfaction (in
      particular, the Promoter 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 Promoter 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 below the age of 18.

    2. Without prejudice to rule 17.1 above, the Promoter reserves the
      right not to make or give a Prize if it reasonably suspects the
      occurrence of fraud in relation to a Competition

    3. The Promoter may, 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 another equivalent authorisation.

 

  1. Your Account

 

    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 the Promoter 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.

    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

    3. You must contact the Promoter 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.

    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 the
      Promoter).

    5. The Promoter 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
      Promoter 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

 

  1. Changes

 

    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
      possible after the revised terms and conditions become
      effective. 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. We may also update and change the Website
      and/or 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. Unauthorised use and expiry of your debit card

 

    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 the Promoter to return the relevant amount to
      your nominated bank (or building society) account, the Promoter
      may suspend your account and ask you to contact the Promoter.
      The Promoter accepts no responsibility and will have no
      liability for any chargebacks.

    2. If your debit card is due to expire, the Promoter will 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, the Promoter will use reasonable efforts to
      alert you of this and you should, in these circumstances,
      contact the Promoter to arrange another appropriate way for the
      Promoter to return the funds to you.

 

  1. Use of the Website

 

    1. You hereby agree that (a) the Website and the Competitions
      and/or draws are for your own personal, non-commercial use, and
      (b) you are only allowed to use your account and the Website
      and enter Competitions via your account, as set out in these
      terms and conditions.

    2. 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 the Promoter’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 Promoter’s
      software and IT systems owned and/or operated by the Promoter
      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 the reputation and/or business of
      the Promoter and/or of any third party, and/or (d) authorise or
      allow anyone to do 21.2(a) – (c).

    3. You hereby agree to indemnify the Promoter against any and/or
      all costs, losses, damages and expenses which the Promoter 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 Promoter’s software and/or IT systems, and/or breach by you
      of these terms and conditions.

    4. There is no guarantee that the Website will display correctly
      on all devices it can be viewed on.

    5. Trademarks of third parties used on and/or in connection with
      the Website and the Competition are used for identification
      purposes only and may be the property of their respective
      owners.

    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 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.

 

  1. Discretion

 

    1. The exercise by the Promoter of any discretion provided for in
      these terms and conditions will be final and binding

 

  1. General

 

  1. If the Promoter fails and/or delays to enforce a provision of the
    terms and conditions, this failure and/or delay is not a waiver of
    the Promoter’s right to do so later on.

  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.

  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 this rule 19.3 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 the Promoter.
    The Promoter 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 Promoter 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 Promoter’s benefit, its
    successors and permitted assigns.

  4. These terms and conditions constitute the entire agreement between
    you and the Promoter 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.

  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.

  6. The Promoter 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.

  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.

  8. Luxury Elements may send a list of entries with names and surnames
    to all entrants via Facebook, email or it’s website.

 

Promoter: Lux Elements Ltd t/a Luxury Elements.

Lux Elements, 10 Parkside Little Gomersal, Cleckheaton, West Yorkshire,
England, BD19 4JH

Email:

[email protected]

Website:

Luxury Elements


 

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