Terms & Conditions in respect of the Sale of Prize COMPETITIONS ENTRIES
Please read these Terms and Conditions carefully.
These Terms and Conditions set out how the relationship between you and SMITF (as hereinafter defined) will operate in respect of the purchase by you of the Entry Tickets sold by SMITF on the Website (both as hereinafter defined).
You may have other rights granted by law and these Terms and Conditions do not affect such rights.
1 The Parties
1.1 St Martin-in-the-Fields Limited is a company limited by shares under company number 02096693 which is registered in England and Wales and whose registered office is at 6 St Martins Place, London, WC2N 4JJ (SMITF).
1.2 You are the other party to these Terms and Conditions.
2 Contact Information
2.1 If you have any questions about your purchase of Entry Tickets please write to SMITF at Give Light, St Martin-in-the-Fields, 6 St Martins Place, London, WC2N 4JJ, telephone us on 020 7766 1120 or email us at givelight@smitf.org.
2.2 If you would like any information about SMITF and/or its activities, you can contact us by telephone on 020 7766 1120, fax us on 020 7839 5163 or email us at givelight@smitf.org. You can also write to us at St Martin-in-the-Fields, 6 St Martins Place, London, WC2N 4JJ.
3 Definitions and Interpretation
3.1 In these Terms and Conditions the following words and phrases shall have the following meanings:
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1998 Act |
the Data Protection Act 1998; |
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Business Day |
any day that is not a Saturday, Sunday or a public holiday in England and Wales; |
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Celebrity(ies) |
the “celebrity(ies)” who has decorated the Pane, a list of which is set out at the Schedule to these Terms and Conditions; |
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Competition |
the competition which you are entering when you purchase an Entry Ticket relating to a particular Pane which comprises of up to three elements, the payment for entry, the answering of a question of skill and, if the question of skill is answered correctly, the right to be entered into a draw giving you the chance to win the Prize; |
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Church |
St Martin-in-the-Fields church in Trafalgar Square, London; |
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Dedication |
a personal message comprising a maximum of 75 characters; |
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Draw |
the process by which the winning Entry Ticket for the Competition in respect of each Pane is chosen; |
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Entry Tickets |
one or more tickets purchased by you from the Website entering into the Competition to win the Pane of your choice; |
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Form |
the electronic form available on the Website which shall be used to purchase the Entry Tickets using the Website; |
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Give Light |
the brand name of an on-line fundraising activity for SMITF whereby participants may enter the Competition. 100% (exclusive of VAT) of the purchase price of the Entry Ticket is donated to SMITF Charity to support the renewal of St Martin-in-the-Fields; |
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Pane(s) |
the 23 handmade panes of glass replicating those restored in the Church which have been decorated by a Celebrity; |
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Payment Service Provider |
Secure Trading or such other payment service provided as SMITF shall decide upon in writing from time to time; |
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Personal Data |
shall have the same meaning as in the 1998 Act; |
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Prize(s) |
the prize given to each Winner as a result of their Entry Ticket being picked first from each draw, comprising the Pane relating to the Draw; |
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Question |
a question with the required elements of skill which is asked as the second stage of the Competition; |
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SMITF Publications |
any relevant publications produced by SMITF, the Church or SMITF Charity in respect of the Give Light appeal and Competition; |
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SMITF Charity |
St Martin-in-the-Fields Development Trust Limited, a company limited by guarantee registered in England under Company Number 4986630; and a charity registered with the Charity Commission in England and Wales under number 1110406; |
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Terms and Conditions |
these terms and conditions under which you agree to purchase the Entry Tickets; |
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Website |
the website located at the domain name www.givelight.smitf.org; |
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Winner(s) |
the individual(s) who purchased the Entry Tickets which are the first Entry Tickets picked in each Draw. |
3.2 All references to a statutory provision shall be construed as including references to any statutory modification, consolidation or re-enactment, all statutory instruments or orders made pursuant to it and any statutory provision of which it is a modification, consolidation or re-enactment.
3.3 Except where the context otherwise requires, words in the singular include the plural and in the plural include the singular and any gender includes any other gender.
3.4 The clause headings do not form part of these Terms and Conditions and shall not be taken into account in its construction or interpretation.
3.5 References to clause(s) and schedule(s) are references to clause(s) and schedule(s) of and to these Terms and Conditions.
4 Application of these Terms and Conditions
4.1 These Terms and Conditions shall apply to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document) in respect of the sale of the Entry Tickets via the Website.
4.2 SMITF reserves the right to change these Terms and Conditions from time to time. Any such changes will take effect when posted on the Website and it is your responsibility to read these Terms and Conditions on each occasion you use the Website. Your continued use of the Website shall signify your acceptance to be bound by the latest Terms and Conditions.
4.3 Your use of the Website is governed by these Terms and Conditions and legal notices on other areas of the Website such as the data protection policy which will together with these Terms and Conditions govern your use of the Website.
4.4 By proceeding with your purchase you:
4.4.1 acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of SMITF which is not set out in these Terms and Conditions; and
4.4.2 confirm and warrant that you are not personally connected to the Competition or involved with renewal campaign and in particular you are not:
(a) A trustee or employee of SMITF Charity,
(b) An employee or director of SMITF;
(c) An employee or director of St. Martin-in-the-Fields Building Renewal Project Ltd (registered company number 4619949);
(d) A member of the Parochial Church Council of the Church; or
(e) A family member of any of the individuals listed above.
5 Contracting
5.1 The technical steps required for the contract between you and SMITF to be made via the Website are set out as follows:
5.1.1 you will be guided through the process of purchasing Entry Tickets by a series of simple instructions on the Website;
5.1.2 the chance to win each Prize is a separate competition so you will first need to choose the Prize that you wish to win by clicking on the appropriate picture of a Celebrity on the Website;
5.1.3 you will then be asked to fill in your personal details and the name and picture of the Celebrity author of your Prize will be shown;
5.1.4 you will then be asked to enter the number of Entry Tickets you wish to purchase and if you wish to make a donation and the amount; if you make a donation you will be asked if you are a UK tax payer and wish SMITF to reclaim the tax and to leave a dedication (if you wish) and receive a donation certificate;
5.1.5 you will be asked to confirm your acceptance of these Terms and Conditions and then by clicking on the ‘Confirm’ button at the end of the process you will be taken to the payment screen;
5.1.6 you will then be shown on the screen the number of Entry Tickets you wish to purchase and the amount of any donation. If any part of the details shown are incorrect you should amend your order by clicking on the ‘Back’ link;
5.1.7 if the details are correct please enter your credit card details and click on the ‘Confirm Order’ button.
5.1.8 acceptance and completion of the contract between you and SMITF will take place when payment has been made by you (unless SMITF has notified you that it does not accept your purchase);
5.1.9 once credit/debit card authorisation has been obtained, you will be asked a Question. Should you answer the Question correctly you will be entered into the Draw for the Competition you have entered, which will take place within one month of the last day of the Competition 31 August 2008;
5.1.10 the screen will then show a confirmation of your Order and the donation; and
5.1.11 SMITF will send you an email confirming your purchase of Entry Tickets, your donation and your entry into the Competition.
5.2 SMITF has taken every care in the preparation of the content of the Website, and in particular to ensure that Entry Tickets and Panes have been fairly described.
5.3 Non-acceptance of an order may be a result of one of the following:
5.3.1 the purchaser of the Entry Ticket being under the age of eighteen (18);
5.3.2 SMITF's inability to obtain authorisation of your payment; or
5.3.3 the identification of a pricing or description error in respect of any Entry Tickets.
5.4 The contract contained within these Terms and Conditions is in English and not available in any other languages.
5.5 The details of your specific contract will not be filed by SMITF. However, if you wish to find out any information in respect of your purchase please contact SMITF using the contact details provided above.
5.6 SMITF may not necessarily keep a copy of these Terms and Conditions. SMITF advise you to print a copy of them for your information in the future.
6 Cancellation
6.1 You may cancel the contract at any time prior to us asking you the Question.
6.2 Once we have asked you the Question you do not have the right to cancel your purchase under the Consumer Protection (Distance Selling) Regulations 2000 as the right to cancel does not apply to the purchase of entry tickets into a prize competition.
7 Description
7.1 The description of the Entry Tickets shall be as set out in the Website.
7.2 All drawings, pictures, descriptive matter, specifications and advertising issued by SMITF, SMITF Charity and any descriptions or illustrations contained in SMITF Publications or on the Website are issued or published for the sole purpose of giving an approximate idea of the Competition described in them. They shall not form part of these Terms and Conditions.
7.3 Give Light is a prize competition based on three elements, payment for entry, correctly answering a question of skill and then the Entry Tickets of those answering the question correctly being entered into a Draw. Only one Entry Ticket shall be drawn for each Pane and the purchaser of that Entry Ticket shall win the Prize.
7.4 There are twenty three (23) Panes to be won. There will be a draw for each Pane. It will be your responsibility to ensure that you purchase Entry Tickets for the Competition you wish to enter.
7.5 If, in addition to purchasing one or more Entry Tickets you also make a donation to the SMITF Charity you will also be invited to add a Dedication which will appear on the Website once your donation has been received. The name and/or message can then be viewed by anyone else visiting the Website. All the Dedications will also be displayed in the Church from 1st December 2008 to 30th June 2009 for the general public to read. It is entirely optional whether you add such details. You may also make a donation without purchasing an Entry Ticket.
7.6 The Draw for each Competition shall take place within one month of the last day of the Competition, 31 August 2008.
7.7 The Draw for each Competition will be undertaken by a person who is not connected with SMITF or SMITF Charity; this may include but not be limited to, a celebrity. An independent observer will also be present at the Draws.
7.8 The Winner of each Draw will be notified that they have won within fourteen (14) days of the Draw taking place. The Winners must then claim their prizes within thirty (30) days of being notified of their win. The Winners will be deemed to have received notification of their win three days after the notification has been sent to them by first class post. SMITF may at its sole discretion also notify the Winner that they have won by electronic mail.
7.9 SMITF shall announce the name of the Winners on the Website within fourteen (14) days of the Draw taking place.
7.10 SMITF intends to operate the Draws on 16th September 2008. However, SMITF reserves the right at its sole discretion, to delay the date of the Draw for up to one month or cancel the Competition. If the Competition is cancelled you will have been or will be given the option:
7.10.1 to have a refund of the price of the Entry Ticket less any costs incurred by SMITF in establishing the Competition; or
7.10.2 for the price of the Entry Ticket less costs incurred by SMITF to be retained by SMITF as a donation, on which you will be able to claim Gift Aid.
7.11 Entry Tickets may not be purchased by any individual under the age of eighteen (18).
7.12 You will also be invited to make an additional donation to SMITF Charity when you visit the Website. For the avoidance of doubt, any such donation is entirely separate from the Competition and will not increase your chances of becoming a Winner.
8 The Prize
8.1 Prizes that are unclaimed after the 30 day claim period are considered void and the Winner has no further claim on the prize. In this case, SMITF retains the right to randomly select a second winner from the original list of entrants (excluding the Winner) for the Draw relating to that Prize.
8.2 If you are a Winner, the Prize will be delivered to the address provided by you when you purchased the Entry Tickets.
8.3 There is no cash alternative to the Prize.
9 Price and Payment
9.1 The price of the Entry Tickets is £10.00 inclusive of any VAT chargeable per ticket. By submitting your order via the Website, you are offering to buy the Entry Tickets at this price.
9.2 The price for the Entry Tickets shall be inclusive of delivery.
9.3 The price stated by SMITF at the time it receives your order is the price you pay except where SMITF discovers an error in the price of the Entry Tickets you have ordered. In this event, SMITF will inform you as soon as possible after receiving your order and give you the option of reconfirming your order at the correct price or canceling your order. If SMITF is unable to contact you SMITF will treat the order as cancelled.
9.4 Payment is made through the Payment Service Provider.
9.5 All payments:
9.5.1 must be made at the time of placing the order, by using any major credit or debit card;
9.5.2 shall be made in pounds sterling.
9.6 If SMITF is unable to accept your order for any reason then SMITF shall, at its option, either not debit your credit card or refund any money paid by you in respect of that order.
9.7 Time for payment shall be of the essence. No payment shall be deemed to have been received until SMITF has received cleared funds.
9.8 When an Entry Ticket is purchased via the Website, the transaction is final and can not be disputed unless unauthorised use of users’ payment card is proved. Should the purchaser become aware of fraudulent use of their card, or if it was lost or stolen, they must immediately notify their card provider.
9.9 Entry Tickets shall not be transferred and shall have a cash value of One Pence Sterling (£0.01).
10 Delivery
10.1 Entry Tickets shall be delivered to you by email.
10.2 You will be asked to provide a delivery address on the Form; this will be used for any communications by letter and delivery of any Prize which you may have won.
10.3 Please note that on delivery of a letter, the Royal Mail (or any alternative carrier) may need to obtain a signature from you. If a signature is required, the carrier will not be able to deliver a package without such signature.
10.4 Ownership shall pass to you on delivery which in respect of the Entry Tickets shall take place when a confirmation email is sent to you confirming the purchase of Entry Tickets and in respect of a Prize when the Prize is dispatched by SMITF.
10.5 SMITF shall despatch the confirmation email confirming purchase of Entry Tickets when the Payment Service Provider provides credit/debit card authorisation. In the event that payment is subsequently declined your entry into the Draw will be void
10.6 Subject to the other provisions of these Terms and Conditions, SMITF shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation; pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the confirmation email confirming purchase of Entry Tickets or a Prize (even if caused by SMITF's negligence).
10.7 SMITF shall not be liable for any non-delivery of a Prize or an email confirming purchase of Entry Tickets (even if caused by SMITF's negligence) unless you give written notice to SMITF of the non-delivery within fourteen (14) days of the date when the Prize or the Entry Ticket confirmation email would in the ordinary course of events have been received.
11 Complaints
11.1 SMITF aims to deal with all complaints as effectively as possible. If you wish to make a complaint please contact us by post, telephone or email at the telephone number, address and email address specified in Clause 2.1 above.
11.2 Please provide full details of the nature of your complaint, including the Entry Tickets purchased, your purchase reference, your name, address, daytime telephone number, email address and any other information which you think will assist us in resolving your problem as quickly as possible.
12 Limitation of liability
12.1 SMITF's total liability for any breach of these Terms and Conditions shall be limited to the total amount paid to SMITF by you in respect of the purchase of the Entry Tickets (excluding any donations made at the time of purchase or any other donation made by you).
12.2 The information contained on the Website or in SMITF Publications is for information purposes only. SMITF has not provided any legal, financial or other advice within the Website or in SMITF Publications. The information on the Website or in SMITF Publications does not constitute advice and you should not rely on any information on the Website or SMITF Publications to make (or refrain from making) any decision or take (or refrain from taking) any action.
12.3 SMITF will take all reasonable precautions to keep the details of your purchase and payment secure, but, unless SMITF is negligent, SMITF cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
12.4 The Website provides web-links (and other contact details) to other websites that offer products, services and materials SMITF think will be of interest to you. SMITF has no control over such websites and resources and accepts no liability for any products, services, materials or information contained on or available through linked websites or otherwise provided by any other company/organisation referred to on the Website. SMITF provides these links for your convenience only but does not necessarily endorse the material on these websites.
12.5 Linked websites are not covered by these Terms and Conditions. You should check what terms cover the use of these websites before using them. Your visiting of any external websites via links from the Website is entirely at your own risk. Where it is possible for you to transact through any linked website with a third party, such transactions shall be (and any rights and obligations shall arise) solely between you and the third party. Therefore, you should ensure that you carefully read the terms and conditions for the accessing and use of such websites and resources and, if you suffer losses as a result of accessing and/or using such third party websites and resources, you must claim against the third party and not SMITF.
12.6 Unless otherwise specified, the information on the Website is directed solely at those who access the Website from the United Kingdom. SMITF makes no representation that any products or services referred to in the information on the Website is appropriate for use, or available, in other locations. Those who choose to access the Website from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
12.7 SMITF notes that a number of individuals non resident in the UK visit the Church and may enter the Competitions. In the event that you are a Winner and you live outside the UK then you will be responsible for organising collection of the Prize. SMITF may agree to deliver Prizes to addresses outside the UK at its discretion.
12.8 If either you or SMITF are in breach of the arrangements under these Terms and Conditions, neither party will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of the breach. Losses are foreseeable where they could be contemplated by both you and SMITF at the time you place an order.
12.9 The Entry Tickets are non transferable and SMITF shall not have any liability to you in respect of any resale made by you of any of the Entry Tickets, or of any product incorporating any of the Entry Tickets
12.10 Nothing in these Terms and Conditions excludes or limits the liability of SMITF:
12.10.1 for death or personal injury caused by SMITF's negligence;
12.10.2 under section 2(3), Consumer Protection Act 1987;
12.10.3 for any matter for which it would be illegal for SMITF to exclude or attempt to exclude its liability; or
12.10.4 for fraud or fraudulent misrepresentation.
12.11 If you make a Dedication on the Website, the text of any such Dedication will be reviewed and moderated by SMITF. SMITF will have the right to remove any Dedication it deems inappropriate in any way at SMITF’s discretion.
12.12 SMITF does not endorse the views of any of the individuals permitted to make a Dedication on the Website and accepts no liability in relation to those views or to the activities of those individuals.
13 Intellectual Property
13.1 Any and all copyright arising in the Panes is owned by either the contributing Celebrity or by SMITF or SMITF Charity. If you are a Winner, you may not copy, modify, alter, distribute, publish, sell or otherwise use any of such copyrighted materials arising from the decoration of the Panes.
13.2 Give Light and any and all other marks indicated on the Website or in SMITF Publications are trade marks or registered trade marks of SMITF or other authorised organisations.
13.3 All copyright and other intellectual property rights in the materials on the Website or in SMITF Publications are owned by SMITF unless otherwise indicated. Subject to Clause 13.6 below you may download, print or copy any material from the Website that you wish, provided it is for your own personal, non-commercial use and you keep in place all original copyright notices or other intellectual property notices.
13.4 Subject to Clause 13.3 above, and save for Clauses 12.11 and 12.12 above, you may not copy, modify, alter, distribute, publish, sell or otherwise use any material on either the Website or in SMITF Publications in whole or in part, unless you have obtained the prior written consent of SMITF.
13.5 You may not download any photographs from the Website without the prior written permission of SMITF which may be withheld in its absolute discretion.
13.6 Any permission to download materials from the Website does not grant you permission to download any materials from any website which is linked to the Website in any way.
14 Assignment
14.1 SMITF may assign these Terms and Conditions or any part of it to any person, firm or company.
14.2 You shall not be entitled to assign these Terms and Conditions or any part of it without the prior written consent of SMITF.
15 Force majeure
15.1 SMITF reserves the right to defer the date of a Draw or to cancel any or all of the Draws or the Competition if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of SMITF including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to SMITF's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
16 Data Protection
16.1 SMITF processes the Personal Data submitted by you for the purposes set out in its privacy policy, a link to which is available on the Website.
17 Privacy and Electronic Communications (EC Directive) Regulations 2003
17.1 By giving SMITF your email address SMITF and SMITF Charity will be able to respond to any questions that you raise.
17.2 By giving SMITF your email address and selecting the ‘I would like more information’ tick box you consent to SMITF and SMITF Charity sending you direct marketing communications to this email address.
18 Legal jurisdiction and dispute resolution
18.1 English law shall apply to these Terms and Conditions.
18.2 The parties irrevocably agree that the courts in England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
19 Waiver
19.1 No waiver by SMITF of any breach of the terms of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
20 Third Parties
20.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions and the parties confirm their intention not to confer any rights on third parties under these Terms and Conditions.
By clicking on this link, I accept these Terms and Conditions.
SCHEDULE
