Terms & Conditions
Full Terms and Conditions available here:
1. Qualifying Persons
1.1. The Haunted Xylophone (Promoter) operates business operations which include prize draws, resulting in the allocation of prizes.
1.2. Entrants (You, Yours) are any persons qualifying persons. The Haunted Xylophone employees or members of their immediate family, agents or any other person who is connected with the creation or administration of our competitions are excluded from entering.
2. Legal Definement
2.1 By entering a Competition the entrant will be deemed to have the legal capacity to do so, you will have read and understood these Terms and Conditions and will be bound by them and by any other requirements stipulated.
2.2 These Competitions are governed by UK Law and any matters relating to the Competition will be resolved under UK Law jurisdiction exclusively. You understand prize draws such as these are not considered gambling or “games of chance” under the 2005 Gambling Act and are not regulated as such. As these competitions do not meet the regulatory definition of a “Game of Chance” or the regulatory definition of gambling, all entry fees, therefore, do not meet the exemption for VAT and all entry fees are subject to VAT at the standard rate.
2.3 In the event that you participate in a Competition online via the Website, and by accepting these Terms and Conditions you confirm that you are not breaching any laws in your country of residence regarding the legality of entering our Competitions. The Promoter will not be held
responsible for any Entrant entering any of our Competitions unlawfully. If in any doubt you should immediately leave the Website and check with the relevant authorities in your country.
You are responsible for any taxes you incur if you play outside the territory of the UK.
3. Entry Details
3.1 These Competitions may be entered online via the Website. One or more Competitions may be operated at the same time.
3.2 Availability and pricing of Competitions and tickets are at the discretion of the Promoter and will be specified at the point of sale.
3.3 In order to enter a Competition, you will need to register an account with us on this website.
3.4 When playing a Competition online via the Website, follow the on-screen instructions to complete your ticket purchase.
3.5 We reserve the right to refuse or disqualify any incomplete Entries if it has reasonable grounds for believing that an Entrant has contravened any of these Terms and Conditions.
3.6 To the extent permitted by applicable law, all Entries become our property and will not be returned.
3.7 Entries (tickets) are limited to 200 per person or whatever limit is placed on the competition page, it will be the lower of the two, please read carefully the individual product page for the competition you are entering. Abuse of this limit will not be tolerated and if the Promoter has reasonable grounds to believe that an individual is exceeding this limit, for example by entering a Competition using multiple accounts, it reserves the right at its sole discretion to void any orders or to award any prize to the next closest entrant. In addition, if any person using a single account exceeds 200 entries in a single paid Competition for any reason, the Promoter reserves the right at its sole discretion, to void any tickets without notice firstly on a chronological basis with respect to orders, and then on a sequential basis with respect to ticket references contained within an order, so as to void any tickets exceeding the first 200 paid tickets entered into the Competition.
3.8 By purchasing entries and submitting a competition entry, you are entering into a contract with the Promoter and are agreeing to be bound by these terms and conditions.
3.9
4. Promotions
4.1 Each Competition will run for a specified period. Please see each Competition for details of start and end times and dates.
5. Draw Details
5.1 All ticket numbers are assigned at the point of purchase.
5.2 A draw will be made using Google Random Number Generator, all
numbers will be entered and the number drawn will be matched with the numbers on the entries to determine the winner of each competition. In the event of an incorrect range being entered in the live draw, any entrant that had paid to enter but could not have won will receive a refund. The winning ticket number will stand and any entrant who stood a chance of winning will not receive a refund.
5.3 The Haunted Xylophone will announce the winner of each competition on their Social Media accounts and contact the winner directly via email.
5.4 If for any reason the Promoter is unable to contact a Winner within 5 working days of the end of a Competition or the Winner fails to confirm acceptance of the prize or the Winner is disqualified as a result of contravening any of these Terms and Conditions, the Winner will forfeit the prize and there will be a redraw.
5.5 The Promoter reserves the right at its sole discretion to extend the closing date of any competition, if for any reason any aspect of the competition is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper
conduct of the Competition. The Promoter may in its sole discretion cancel, terminate,
modify or suspend a Competition, or invalidate any affected entries. In the event that the Promoter closes a Competition early, the Winner may be selected from all valid and eligible Entries received by the Promoter prior to the date of closure, except that the Promoter reserves the right, at its sole discretion, to close a Competition early without selecting a Winner. In the event that a Competition is closed without selecting a Winner, the Promoter
will give all entrants a full refund for each purchased entry.
6. Winners Obligations
6.1 All Winners will also be required to provide photographs and/or pose for photographs and videos, which 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.
6.2 Following receipt and verification of the details requested by the Promoter, the Winners will be contacted in order to make arrangements for delivery of the prize.
6.3 By entering a Competition, you agree to the use of your name, and/or photograph, as well as your appearance at publicity events without any additional compensation.
7. The Prize
7.1 The Prize will be as specifically defined on the competition page.
7.2 All prizes are subject to the Terms and Conditions of the prize provider, manufacturer or supplier.
7.3 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 any vouchers or offers of the Promoter or other prize suppliers. All prizes are sold as seen. Any warranty is as advertised.
8. Storage
8.1 The Promoter can store the prize free of charge for 30 days after notifying the First Prize Winner, at the end of which time the Prize will be delivered to the Winner.
9. Limits of Liability
9.1 The Promoter makes no representations or warranties as to the quality/suitability of any of the goods or services offered as prizes. Except for liability for death or personal injury caused by the negligence of the Promoter, the Promoter shall not be liable for any loss suffered or sustained to a 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.
10. Electronic Communications
10.1 No responsibility will be accepted 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 best endeavours to award the prize for a Competition to the correct Entrant. If due to reasons of hardware, software or other computer-related failures, or due to human error the prize is awarded incorrectly, the Promoter reserves the right to reclaim the Competition prize and award it to the correct Entrant, at its sole discretion and without admission of liability.
10.2 The Promoter shall not be liable for any economic or other consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due. The Promoter shall use its best endeavours to ensure that the software and website(s) used to operate its Competitions perform correctly and accurately across the latest versions of the popular internet, tablet and mobile browsers.
11. Data Protection
11.1 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.