TERMS & CONDITIONS

(v.2.0 effective 21st March, 2023)

 

1. Legal Agreement

1.1 These terms and conditions (the “Terms“) are issued by TMC Competitions (as defined below) and are effective from 5th April 2022 and apply to any and all competitions (“Competition“), and in these Terms Competition shall include: competitions or prize draws (“Prize Draw”) operated by TMC , including any Competitions and/or Prize Draws advertised on our website and/or through any third party websites including but not limited to: Facebook, Instagram, Twitter and YouTube and in these Terms the words Competitions and Prize Draws  shall be construed accordingly.

1.2 “TMC Competitions” means TMC Competitions Limited, a company registered in the United Kingdom with company number 13953665, and having its registered office at 1 The Green, Richmond, Surrey, TW9 1PL, United Kingdom and where the terms “We“, ” Our(s)” or “Us” are used in these Terms, such terms shall refer to TMC Competitions.

1.3 These Terms shall be legally binding on you (the “Participant“) when you enter and/or participate in any Competitions operated by TMC Competitions. The Terms come into force as soon as you tick the box for acceptance during the registration process “Register” button). By clicking on the box for acceptance, you signify to TMC Competitions that you have read these Terms, understand them and accept them.

1.4 By submitting an entry to a Competition or Prize Draw by whatever method may be stipulated in relation thereto, you accept and acknowledge that you agree to be bound by these Terms and warrant that you have the legal capacity to enter into and be bound by these Terms.

1.5 The contractual relationship between the registered user and TMC Competitions is governed by these Terms and Conditions and by the Laws of the United Kingdom.

2. Eligibility

2.1 You must be aged 18 years or over to enter any of our Competitions or participate in any of our Prize Draws.

2.2 Competitions are not open to employees (or any members of their immediate family) of any third-party organisation connected to TMC Competitions.

2.3 TMC Competitions reserves the right to request proof of eligibility at any time, including but not limited to proof of age and country of residence.

2.4 For Competitions that permit a limited number of ticket purchases, you agree that you will not exceed the selected number of ticket purchases in excess of such stated limit, and you understand that purchasing tickets in excess of any limit will render all tickets subject to disqualification and you will not be entitled to any refund(s) of the cost of the ticket purchases and that all tickets, including the tickets purchased which do not exceed the stated limit, may be disqualified.

2.5 We reserve the right to disqualify any participant who in our reasonable opinion has engaged in any immoral, unethical or unsporting activity to gain any advantage in relation to any Prize Draw or Competition and such conduct includes conspiring with others and/or has used any automated software or mechanical device to gain any advantage.

2.6 TMC reserves the right to declare a Competition void, partially or in full, if TMC Competitions, at its own discretion, deems it apparent that there was an error, mistake, misprint or technical error on the pay-table or software.

2.7 You agree to abide by these Terms at all times and also confirm that you are:

  • Not acting in the interest of any third parties;
  • Not utilising funds originating from any criminal activity or activities;
  • Not utilising bank accounts, debit cards or credit cards, that you are not authorised to use;
  • Not going to attempt to hack the website or to alter its code in any way;
  • Not going to take part or organise any criminal actions against TMC, its affiliates or its participants;
  • Responsible for verifying that your participation is legal from the territory from which you are based;
  • Not going to collude with other players and/or use prohibited devices such as robots to distort the normal play of any of the competitions.

3. Entering a Competition

3.1 Account and KYC

3.1.1 You will need to personally register an online account (“Your Account”) with us by providing all mandatory information requested, in particular your name, address, contact details, place of residence, date of birth, relevant payment information, email address and a password of your choice before you can enter any of our Competitions. Upon completing the registration process, we will send an activation email to the email address you entered which you will need to read and click the activation link before you can log in.

3.1.2 You are hereby notified that we carry out verification procedures and that your account may be blocked for access or closed if you are found to supply any false or misleading information.

3.1.3 All transactions will be checked by TMC Competition’s Fraud Personnel in accordance with the prevention of money laundering laws and regulations, as applicable.

3.1.4 It is unlawful to use monies from ill-gotten means. Any suspicious transactions will be reported to the relevant Authorities.

3.2 You are only permitted to have one account on the TMC Competitions website. If you attempt to open more than one account, all accounts you try to open may be blocked or closed and any ticket purchases may be void.

3.3 TMC Competitions reserves the right to refuse to open an account for any reason whatsoever.

3.4 To enter a competition, you will need to choose the ticket number(s) you would like to enter into the draw from the pool of available numbers for the Competition.

3.5 You agree that by making payment(s) to the Competition by purchasing ticket numbers, you are not guaranteed to win any prize. You should not treat TMC Competitions as a financial institution, nor expect any interest payments on your purchased tickets.

3.6 There is no maximum number of entries that can be made by each player, unless the Competition listing specifically states a maximum entry limit in the listing details, or otherwise specified in this section 3 or subsections thereof.

3.7 It is your responsibility to ensure that you have the authority and are able to pay any ticket fee(s) and that TMC Competitions will not be held responsible for any interest fees or other charges incurred by you in relation to your bank or issuer of your payment card(s).

3.8 All ticket purchases are final, and no refunds will be offered at any time for any reason.

3.9 We reserve the right to refuse or disqualify any entry if we have reasonable grounds to believe the participant is in breach of these conditions.

3.10 An entry will be void if the participant or winner is found to have been involved in:

3.10.1 any form of fraudulent activity, either actual or apparent and irrespective of any pending or ongoing legal action in respect of such activity.

3.10.2 malicious use of our website and/or back-end infrastructure, including but not limited to:

  • hacking;
  • denial of service (DoS);
  • misuse of information;
  • web scraping;
  • phishing; and
  • automated (“bot”) usage of the website.

3.10.3 unauthorised use, replication or distribution of source code, images, text or other intellectual property belonging to TMC Competitions.

3.11 You agree that we will not enter into correspondence relating to a Competition once a winner has been determined and that our decision is final.

3.12 You agree that by submitting an entry, you agree to:

3.12.1 assign to TMC Competitions any and all your intellectual property rights with full title guarantee in relation to any Competition entry and any and all works related thereto and to

3.13. You agree that we may at our discretion and without obligation, make your entry visible on our website and any other form of media, including forms of media created in the future, and in connection with any publicity of the Competition.

3.14 All entries will be confirmed by email once payment has been made. This email will contain the details of the competition entered along with the ticket numbers purchased.

4. Selecting a Winner

4.1 The winner of a Competition will be selected entirely at random from qualifying participants during a live internet event (video broadcast) on the date and time stated on the Competition or within no more than 7 (seven) days of the stated draw date (“Closing Date”). The winning ticket number will be determined using our random number generator or an equivalent device that is credible and independent of TMC Competitions.

4.2 We will ensure that the minimum number of participants for the Competition, as published in the Competition Details, has been reached prior to the live draw date/time and at our absolute discretion may close a competition early without a winner being selected due to any reasons beyond our control.

4.3 Details of Competition winning participants may be displayed on the website once the Competition has closed. Personal details will be omitted, censored and/or anonymised in order to protect the privacy and security of our customers in compliance with our obligations under GDPR, unless TMC Competitions have the express consent of the participant.

4.4 In cases of draws taking place via a live online event, entries will also be displayed on screen at least once during the broadcast. Personal details will be omitted, censored and/or anonymised in order to protect the privacy and security of our customers.

4.5 In the event that a Competition is closed without a winner being selected, we will issue all valid participants with a credit voucher code that can be redeemed against any future competition entries. This voucher code will be issued via email to the email address held on the entrant’s account. It is your responsibility to ensure that your email address is up to date. We reserve the right to refuse the re-issue of credit vouchers that have been sent to incorrect email accounts.

4.6 In each Competition, there are a minimum of 6 (six) and a maximum of 8 (eight) material (non-cash) prizes and a final prize (cash amount) to be won.

4.7 We will attempt to contact the winner using the email address and/or telephone number held in their online account. It is the responsibility of all account holders to ensure that contact details are correct and up to date and to check any email messages and/or voice mails messages. We will not be held responsible for any missing and/or incorrect contact details.

4.8 If for any reason we are unable to contact a Winner within 14 days (which may be extended entirely at our discretion) of the draw date, or should the winner decline to accept the prize, or is disqualified as a result of breaching these terms and conditions, the Winner agrees to forfeit the prize, we may at our discretion choose to award the prize to the second-best entrant as selected under an equivalent selection process as set out in this clause 4, or close the Competition without selecting a winner.

4.9 Competition and prize details

4.9.1 The maximum duration of a competition is 30 (thirty) days.

4.9.2 If all of the tickets for the competition are sold before the end of the 30 (thirty) day period, the winner of the competition will be drawn at an earlier date.

4.9.3 If all of the tickets are not sold within the specified time frame, the final prize (the cash amount accumulated up to that point) will be distributed to a winner.

4.9.4 If less than 3 (three) tickets are sold within the competition period, the participants will receive a refund.

4.9.5 Material prizes will be sent to the winner within 7 (seven) business days of the date of the live event.

4.9.6 Cash prizes will be transferred to the winner within 7 (seven) business days of the date of the live event.

4.9.7 Details of the arrangements concerning any prizes including a travel element, will be discussed and arranged between the winner(s) and TMC Competitions.

5. Winner Verification

5.1 Winners will be required to provide proof of identification and address prior to us dispatching any prize. If satisfactory proof is not provided within the prescribed time, the winner may be disqualified, and the prize retained by us and/or supplied to a runner-up or used in another competition.

5.2 Winners will be required to provide or pose for a photo and/or video organised by us which may be used for promotional and/or marketing purposes in the future, and all Entrants confirm they consent to their image being used by TMC Competitions in promotional materials to promote future Prize Draws and/or Competitions.

6. Prizes

6.1 Prizes are selected and owned by TMC Competitions from the start date of the Competition to which the Prize relates, to the date on which the winner takes delivery.

6.2 Prizes are chosen entirely at our discretion.

6.3 We accept no liability for the Prize following delivery, nor will we provide any insurance or warranties in respect of damage, theft, injury or any other liability once delivered.

6.4 Prizes are delivered free of charge anywhere in the United Kingdom. We reserve the right to refuse delivery or charge a delivery fee for deliveries outside of the United Kingdom.

6.5 Material Prizes are not transferrable or refundable and may not be substituted for a cash alternative.

6.6 If TMC Competitions mistakenly credits your account with winnings that do not belong to you, for any reason, you must immediately inform us and will be required to pay these monies back. If you do not pay the monies back to TMC Competitions, we will take all legal action available to us to recover this debt.

6.7 Cash Prizes will be remitted to the same account used for purchasing the winning ticket (where possible). TMC Competitions can investigate and approve on a case-by-case basis, remittance to different accounts where the originating one is no longer available, however, the relevant approval will be only given upon completion of all checks/verifications.

7. Closing your Account

7.1 If you wish to close your account, you may do so at any time, by contacting TMC Competition’s customer support in written form on contact@themillionaire.co.uk or use the website feature “Delete your account”, which is available in the drop-down menu. The closure of your account will terminate the Terms.

7.2 TMC Competitions reserves the right to close your account at their discretion and without any obligation to state a reason or give prior notice.

  1. Limitation of Liability

8.1 We make no warranty or guarantee as to the quality, suitability or legislative or regulatory compliance of any prize and the financial value of any prize is given as an indication only and not a representation of value.

8.2 We shall not be liable for any loss suffered or sustained to person(s) or property, including but not limited to, liability for consequential (including economic) loss by reason of any act or omission by TMC COMPETITIONS LIMITED, or its employees and/or agents, in connection with the arrangement for the supply of any goods and/or services by any person to the winner or winners of a Competition and, where applicable, to any family, friends or other third parties accompanying the Winner, or in connection with any of the Competitions promoted by TMC Competitions.

9. General

9.1 We reserve the right to amend these terms and conditions periodically and as deemed reasonable in order to comply with any regulatory or legislative changes and/or to meet our obligations to our contractual parties and/or any proper regulatory authority.

9.2 We will notify all registered users of any amendments to these Terms by written notice not less than 28 days prior to such changes taking effect and for the purposes of this clause 9.2, publication of any updated terms and conditions on our website shall be deemed to be sufficient notice.

9.3 The effective date of our terms and conditions will be shown at the top of the terms and conditions page on our website.

9.4 You must confirm re-acceptance of the modified Terms before they come into effect. Should you not wish to continue using the services of TMC Competitions following any changes to these Terms, you must stop using the website.

9.5 A copy of these terms can be requested in writing by emailing contact@themillionaire.co.uk

9.6 Where the effective date of the Terms is or not before the draw date of a competition you have entered prior the change, you will be allowed to participate until the end of the competition and should you be the winner, the prize will still be remitted to you, however should you intend not to re-accept the Terms and Conditions, you will not be permitted to make use of our website for further competitions.

9.7 Competitions and Prize Draws operated by TMC Competitions and published on our website are neither sponsored by, endorsed by, administered by, nor in commercial partnership with any of Facebook, Instagram, Google or Apple and any and all associations arise solely through the methods by which we deliver our services and/or features to our customers, under the agreement of their standard terms and conditions and without any clause(s), special conditions(s), exemption(s) or exclusion(s).

9.8 TMC Competitions reserves the right to keep all the information provided by you as personal data, to the extent required by law. You have the right to access and update personal data held by TMC Competitions, as well as the right to erase and restrict it, whilst having the right to data portability requests in line with applicable legislation.

9.9 TMC Competitions is the sole owner of the TMC trademark and logo. Any unauthorised use of the trademark and logo may result in prosecution.

9.10 To enter a competition, you will need to choose the ticket number(s) you would like to enter into the draw from the pool of available numbers for the Competition. In addition, you will need to answer a skill-based or knowledge-based qualifying question. If you answer the question incorrectly, you will still be charged for the entry but are eliminated from the competition and will not be entered into the prize draw.

9.11You agree that by making payment(s) to the Competition by purchasing ticket numbers, you are not guaranteed to win any prize.

9.12 Free postal entries may be sent on a post card by first class post and in order to be eligible for entry in the competition, you must provide your full name and address, the email address you registered with on the TMC Competition website, your telephone number, details of the competition you are entering and your answer to the question shown on the competition listing. This information must be written legibly in black or blue ink and be written in the English language. Any postal entries that are deemed in our reasonable opinion not to be legible, will be disqualified. Postal entries must be sent to TMC Competitions Limited, 1 The Green, Richmond, Surrey, TW9 1PL, United Kingdom.

  • Free postal entries are limited to 1 (one) entry per person for each live Competition.

9.14 Free postal entries must be received before the closing date/time of the Competition, which is displayed on the competition listing, or before the maximum number of ticket sales is reached. Any entries that fail to follow the criteria above will be void and will not be entered into the prize draw. If a postal entry arrives after the competition is sold out, then the entry will not be valid or entered as the competition will be closed.

9.15 Free postal entrants must have an active account on our website at the time the entry is processed, and all details submitted on the postal entry must match those stored on the related user account. We will only accept 1 (one) entry per household.

10. Data & Privacy

10.1 TMC Competitions will process your personal data and respect your privacy, in accordance with best business practices and all applicable laws and legislation. Your personal data will not be disclosed to third parties, unless such disclosure is necessary for the processing of your requests in participating in the Competitions and Prize Draws operated by TMC Competitions, or unless it is required by law.

10.2 Details of TMC Competition’s Privacy Policy, including the use of cookies, the storage and processing of personal information, and online security can be found on the TMC website.

11. Complaints

11.1 If you have a complaint regarding our services, please send an email to contact@themillionaire.co.uk. TMC Competitions will use its best efforts to resolve all complaints promptly.

11.2 TMC Competitions will review and take any appropriate action with regards to all received complaints. The outcome of the complaint will be communicated to you within 10 (ten) days from the date on which the complaint was received. In more complex matters, this may be extended by a further 10 (ten) days.

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