Terms of service
These Terms and Conditions ("Terms") govern the use of the Website and participation in all prize draws, competitions and promotional campaigns operated by MELIORA SELECTS LIMITED (the "Promoter").
By creating an Account, purchasing an Entry, submitting a Free Postal Entry or otherwise participating in any Competition, you acknowledge that you have read, understood and agree to be legally bound by these Terms.
If you do not accept these Terms, you must not enter any Competition or use the Website.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms, unless the context otherwise requires, the following expressions shall have the following meanings:
"Account" means a customer account created on the Website for the purpose of entering Competitions.
"Closing Date" means the date and time specified on the Competition Page after which Entries will no longer be accepted, subject only to any amendment permitted in accordance with Clause 9.
"Competition" means any prize draw, promotion or competition operated by the Promoter through the Website.
"Competition Page" means the webpage dedicated to a particular Competition containing details including the Prize, Entry price, Closing Date, Draw Date, Entry Limits and any additional Competition-specific rules or conditions.
"Draw Date" means the date upon which the Winner of a Competition is intended to be selected.
"Entry" means a valid paid Entry or Free Postal Entry accepted by the Promoter in accordance with these Terms.
"Entry Number" means the unique number allocated to an Entry for the purposes of selecting a Winner.
"Free Postal Entry" means an Entry submitted without payment in accordance with Clause 7 of these Terms.
"Prize" means the prize described on the relevant Competition Page.
"Promoter", "we", "us" and "our" means MELIORA SELECTS LIMITED, a company incorporated in England and Wales under company number 17358642, whose registered office is situated at MELIORA SELECTS, 49 JAMAICA STREET, LEVEL ONE, BASECAMP LIVERPOOL, LIVERPOOL, L1 0AH.
"Site Credit" means credit issued to an Account by the Promoter which may be redeemed against future paid Entries but shall not be redeemable for cash except where required by law.
"Website" means www.melioraselects.co.uk, together with any associated domains operated by the Promoter.
"Winner" means the Entrant selected in accordance with these Terms as being entitled to receive the Prize.
1.2 References to the singular include the plural and vice versa.
1.3 References to any statute or statutory provision include any amendment, re-enactment or replacement thereof from time to time.
1.4 Headings are included for convenience only and shall not affect the interpretation of these Terms.
1.5 If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
2. ELIGIBILITY
2.1 Entry into a Competition is open only to natural persons who:
(a) have attained the age of eighteen (18) years on the date of entry;
(b) are ordinarily resident within the United Kingdom unless otherwise specified on the relevant Competition Page; and
(c) are legally capable of entering into binding contracts.
2.2 The Promoter reserves the right to require any Entrant or Winner to provide satisfactory evidence of age, identity and residential address before accepting an Entry or awarding a Prize.
2.3 Failure to provide such evidence within the period reasonably specified by the Promoter may result in the Entry being declared void and, where applicable, the Prize being forfeited.
2.4 Employees, directors, officers, agents, contractors and professional advisers of the Promoter, together with members of their immediate household, shall not be eligible to participate in any Competition unless expressly authorised in writing by the Promoter.
2.5 The Promoter reserves the right to refuse any Entry or suspend any Account where it reasonably believes that an Entrant is ineligible or has breached these Terms.
3. ACCOUNT REGISTRATION
3.1 Participation in paid Competitions requires the creation of an Account unless otherwise stated.
3.2 The Entrant warrants that all information supplied during registration and throughout the use of the Website is accurate, complete and kept up to date.
3.3 The Entrant shall be responsible for maintaining the confidentiality of their login credentials and for all activity carried out using their Account.
3.4 The Promoter shall not be liable for any loss arising from unauthorised access to an Account where such access results from the Entrant's failure to keep their login credentials secure, except where liability cannot lawfully be excluded.
3.5 Only one Account may be maintained by any individual unless expressly authorised by the Promoter in writing.
3.6 The Promoter reserves the right to suspend, restrict or permanently close any Account where multiple Accounts are operated by the same individual for the purpose of circumventing Entry Limits, obtaining an unfair advantage or otherwise abusing the operation of the Website.
4. COMPETITIONS
4.1 Each Competition shall be governed by these Terms together with any Competition-specific information published on the relevant Competition Page. In the event of any inconsistency, the Competition-specific information shall prevail only to the extent of the inconsistency, provided that nothing on a Competition Page shall exclude or restrict any statutory rights.
4.2 Before a Competition is made available for entry, the Promoter shall determine:
(a) the Prize;
(b) the total number of Entries available;
(c) the Entry price;
(d) any maximum number of Entries permitted per Entrant;
(e) the Closing Date;
(f) the Draw Date; and
(g) any Competition-specific conditions applicable to that Competition.
4.3 Publication of a Competition on the Website constitutes an invitation to treat only and shall not constitute a legally binding offer.
4.4 A legally binding contract between the Promoter and the Entrant shall arise only upon acceptance of a valid Entry by the Promoter.
4.5 The Promoter reserves the right to refuse or reject any Entry where it reasonably considers that acceptance of such Entry would:
(a) breach these Terms;
(b) breach any applicable law or regulation;
(c) compromise the integrity of the Competition; or
(d) unfairly prejudice other Entrants.
4.6 Unless expressly stated otherwise, each Competition shall be independent and Entries purchased or submitted for one Competition shall not be valid for any other Competition.
5. ENTRIES
5.1 Entries may be submitted either:
(a) by purchasing Entries through the Website; or
(b) by valid Free Postal Entry in accordance with Clause 7.
5.2 An Entry shall only be deemed valid when accepted by the Promoter.
5.3 Paid Entries shall not be accepted until payment has been successfully authorised and received.
5.4 The allocation of Entry Numbers shall occur only after a valid Entry has been accepted.
5.5 The Promoter accepts no responsibility for incomplete, corrupted, duplicated, delayed or unsuccessful Entries arising from technical failure, internet interruption, payment processing issues or circumstances beyond its reasonable control, except where responsibility cannot lawfully be excluded.
5.6 The Promoter reserves the right to invalidate any Entry where it reasonably believes that:
(a) false information has been supplied;
(b) fraudulent payment methods have been used;
(c) the Entry has been submitted through automated means;
(d) multiple Accounts have been created in breach of these Terms; or
(e) the integrity or fair administration of the Competition has otherwise been compromised.
6. PAYMENT
6.1 The Entry price for each Competition shall be displayed on the Competition Page.
6.2 All payments shall be processed through payment service providers appointed by the Promoter.
6.3 The Promoter shall not retain full payment card details where those details are processed directly by an appointed payment service provider.
6.4 An Entry shall not be valid until payment has been successfully authorised.
6.5 Where payment is subsequently reversed, cancelled, charged back or otherwise recovered, the Promoter reserves the right, where reasonably appropriate, to:
(a) cancel the relevant Entry;
(b) remove any allocated Entry Number;
(c) suspend the Entrant's Account; and
(d) recover losses reasonably and directly incurred by the Promoter as a result of an improper or unjustified payment reversal.
6.6 The Promoter reserves the right to refuse a payment where reasonably necessary for fraud prevention, legal or regulatory compliance, payment security or the fair administration of a Competition.
7. FREE POSTAL ENTRY
7.1 No purchase is necessary to enter any Competition.
7.2 Each Competition shall provide an alternative method of entry by post without payment to the Promoter.
7.3 To submit a valid Free Postal Entry, an Entrant must send, by first or second class post, a postcard or envelope containing:
(a) their full name;
(b) residential address;
(c) email address;
(d) telephone number;
(e) the name or reference number of the Competition;
(f) the requested Entry Number(s), where applicable, or confirmation that random Entry Numbers are requested; and
(g) any other information reasonably required and clearly specified by the Promoter for the administration of the Competition.
7.4 Free Postal Entries must be handwritten by the Entrant and must be legible.
7.5 Mechanically reproduced, photocopied, printed in bulk or automated Postal Entries shall be void.
7.6 Only one Free Postal Entry may be submitted per envelope unless expressly stated otherwise on the Competition Page.
7.7 Free Postal Entries must be received before the applicable Closing Date.
7.8 Proof of posting shall not constitute proof of delivery.
7.9 The Promoter accepts no responsibility for Free Postal Entries which are lost, delayed, damaged, insufficiently addressed or incorrectly delivered for reasons outside its reasonable control.
7.10 Each valid Free Postal Entry shall have the same chance of winning as a paid Entry in the same Competition.
7.11 No administrative fee shall be payable to the Promoter in respect of a valid Free Postal Entry. Entrants remain responsible for the ordinary cost of postage.
8. ENTRY LIMITS
8.1 The Promoter may impose a maximum number of Entries which may be submitted by any individual Entrant.
8.2 Entry Limits shall be displayed on the Competition Page where applicable.
8.3 Any paid Entry accepted in excess of a published Entry Limit may be cancelled and the amount paid in respect of that excess Entry refunded. Where offered, the Entrant may voluntarily elect to receive equivalent Site Credit instead.
8.4 The Promoter reserves the right to aggregate Entries submitted through multiple Accounts where it reasonably believes those Accounts are operated by the same individual.
8.5 Circumventing Entry Limits through the creation or operation of multiple Accounts shall constitute a material breach of these Terms.
9. CANCELLATION, SUSPENSION AND EXCEPTIONAL CIRCUMSTANCES
9.1 The Promoter intends to conduct each Competition and award the advertised Prize in accordance with the details published on the relevant Competition Page, regardless of the number of Entries received.
9.2 The Promoter shall not cancel a Competition, extend its Closing Date, or reduce or substitute the advertised Prize for a prize of lower value solely because an insufficient number of Entries have been received.
9.3 The Promoter reserves the right to suspend, postpone, amend or, where reasonably necessary, cancel a Competition where exceptional circumstances outside the Promoter's reasonable control make it impossible, unlawful, unsafe or materially impracticable to conduct or conclude the Competition substantially as originally advertised.
9.4 Such circumstances may include:
(a) a material failure or disruption of essential technology, payment, hosting or other third-party services;
(b) fraud, attempted fraud, manipulation, abuse or a material compromise of the integrity or security of the Competition;
(c) a change in applicable law or regulation, or intervention by a competent regulatory or governmental authority;
(d) the advertised Prize becoming genuinely unavailable for reasons outside the Promoter's reasonable control;
(e) fire, flood, natural disaster, war, civil disorder, public health emergency or other event of force majeure; or
(f) another exceptional circumstance outside the Promoter's reasonable control which prevents the Competition from being conducted or concluded fairly, lawfully or substantially in accordance with its advertised terms.
9.5 The Promoter shall, where reasonably practicable, seek to preserve the Competition and the validity of existing Entries before cancelling or materially amending it.
9.6 A Closing Date shall only be changed where unavoidable circumstances outside the Promoter's reasonable control make the change necessary and either:
(a) not changing the Closing Date would be unfair to those who sought to participate within the original terms; or
(b) Entrants who sought to participate within the original terms will not be disadvantaged by the change.
9.7 Where it becomes necessary to amend a Draw Date or another material term because of circumstances falling within Clause 9.3, the Promoter shall take reasonable steps to ensure that Entrants who participated under the original terms are not unfairly disadvantaged. Any material change shall be communicated clearly on the Website and, where reasonably practicable, directly to affected Entrants.
9.8 Where a Competition is cancelled under this Clause, each affected Entrant who purchased one or more Entries shall be entitled to a refund equal to the amount paid in respect of those Entries.
9.9 Where offered by the Promoter, an affected Entrant may voluntarily elect to receive Site Credit equal to the amount otherwise refundable instead of receiving a monetary refund. Site Credit shall not be imposed in place of a monetary refund.
9.10 Refunds shall, wherever reasonably practicable, be made using the original payment method. Where this is not reasonably possible, the Promoter may arrange another reasonable method of repayment.
9.11 No monetary refund shall be payable in respect of a Free Postal Entry because no payment is made to the Promoter for that Entry.
9.12 Nothing in this Clause shall exclude or restrict any statutory rights or remedies available to an Entrant.
10. COMPETITION CLOSURE AND WINNER SELECTION
10.1 Subject to these Terms, a Competition shall close on the Closing Date stated on the relevant Competition Page unless the Closing Date is changed in accordance with Clause 9.
10.2 Following closure of a Competition, no further Entries shall be accepted.
10.3 The Winner shall be selected from all valid Entries received before the Competition closes.
10.4 Each valid Entry, whether paid or submitted through the Free Postal Entry route, shall have an equal chance of winning the applicable Prize.
10.5 Winners shall be selected in accordance with the laws of chance. Winner selection shall be conducted either:
(a) by an independent person or under the supervision of an independent person;
(b) using a computerised process capable of producing verifiably random and auditable results; or
(c) by another fair and verifiable random selection mechanism permitted by applicable law and advertising rules.
10.6 The general winner-selection mechanism used by the Promoter shall be explained on the Website or relevant Competition Page.
10.7 The Promoter shall retain appropriate records of the Winner selection process for a reasonable period following completion of the Competition.
10.8 The decision of the Promoter regarding the administration of the Winner selection process shall be final, subject to applicable law and the Entrant's statutory rights.
10.9 The Promoter may conduct or publish the Winner selection publicly, including by livestream, video recording or publication of the winning Entry Number, where appropriate and subject to applicable data protection requirements.
11. WINNER VERIFICATION
11.1 Before awarding any Prize, the Promoter reserves the right to verify the identity, age and eligibility of the selected Winner.
11.2 The Winner may be required to provide:
(a) photographic identification;
(b) proof of residential address;
(c) confirmation of ownership of the Account used to enter, where applicable;
(d) payment verification information where relevant; and
(e) any other information reasonably necessary to establish eligibility or verify the validity of the winning Entry.
11.3 Where the Promoter reasonably determines that:
(a) the winning Entry was invalid;
(b) the Entrant materially breached these Terms;
(c) fraud, manipulation or abuse occurred; or
(d) the Winner was ineligible to enter,
the Promoter may declare the winning Entry void and conduct a further random selection from the remaining valid Entries.
11.4 The Promoter shall not be responsible for delay in awarding a Prize caused by the Winner's failure to provide reasonably requested verification information.
12. WINNER NOTIFICATION
12.1 The Winner shall be contacted using the contact details associated with their Account or supplied through the Free Postal Entry route.
12.2 The Promoter shall make reasonable attempts to contact the Winner.
12.3 If the Winner does not respond within fourteen (14) days of the first notification attempt, the Promoter may:
(a) issue a further reminder;
(b) extend the response period; or
(c) where reasonable attempts to contact the Winner have been unsuccessful, declare the Prize unclaimed and select an alternative Winner from the remaining valid Entries using the applicable random selection process.
12.4 The Promoter shall not be responsible where a Winner fails to receive notification as a result of:
(a) incorrect or outdated contact details supplied by the Entrant;
(b) failure to monitor the contact methods provided;
(c) technical failure outside the Promoter's reasonable control; or
(d) another circumstance outside the Promoter's reasonable control.
13. PRIZES
13.1 The nature and details of each Prize shall be displayed on the relevant Competition Page.
13.2 The Promoter shall take reasonable care to ensure that Prize descriptions are accurate at the time of publication.
13.3 Images displayed on the Website are for illustrative purposes only unless expressly stated otherwise, but shall not be used in a manner which materially misrepresents the Prize.
13.4 Where circumstances outside the Promoter's reasonable control make the advertised Prize genuinely unavailable, the Promoter may substitute a reasonable equivalent of the same or greater value and, where reasonably practicable, of a substantially similar nature.
13.5 Any Prize substitution shall be communicated to the Winner and shall be subject to applicable law and advertising rules.
13.6 Prizes are non-transferable unless expressly agreed otherwise by the Promoter.
13.7 Prizes cannot be exchanged for cash unless a cash alternative is expressly stated on the relevant Competition Page or otherwise offered by the Promoter.
13.8 Where a Prize consists of a vehicle:
(a) the Winner shall be responsible for ensuring that they hold any licence and insurance legally required before driving or using the vehicle;
(b) ownership shall transfer only following completion of any reasonably required administrative documentation; and
(c) following transfer, the Winner shall be responsible for the ordinary ongoing costs of ownership, including insurance, taxation, servicing, repairs and maintenance, except to the extent otherwise stated on the Competition Page or required by law.
14. PRIZE DELIVERY AND COLLECTION
14.1 The Promoter shall arrange delivery or collection of the Prize as reasonably appropriate having regard to the nature of the Prize.
14.2 The Winner shall provide accurate delivery or collection information within any reasonable timeframe specified by the Promoter.
14.3 Where delivery is arranged through a third party, the Promoter shall not be responsible for delay, loss or damage caused solely by circumstances outside the Promoter's reasonable control, except where responsibility cannot lawfully be excluded.
14.4 The Promoter may reasonably require a Winner to collect a Prize where:
(a) delivery is impractical;
(b) the Prize requires physical handover;
(c) identification or eligibility checks must be completed; or
(d) the nature of the Prize reasonably requires collection.
14.5 Risk in a physical Prize shall pass to the Winner upon successful delivery or collection, subject to any rights which cannot lawfully be excluded.
15. CUSTOMER ACCOUNTS AND ACCEPTABLE USE
15.1 Entrants must only create and operate an Account for their own personal use.
15.2 An Entrant shall not:
(a) create or operate multiple Accounts in breach of these Terms;
(b) deliberately provide false or misleading information;
(c) use another person's identity without lawful authority;
(d) attempt to manipulate a Competition or its results;
(e) interfere with the operation or security of the Website;
(f) use automated systems, bots or software to obtain Entries or an unfair advantage; or
(g) engage in any activity intended to unfairly disadvantage other Entrants.
15.3 The Promoter reserves the right to suspend or terminate an Account where it reasonably suspects a material breach of these Terms, subject to reasonable investigation where appropriate.
15.4 Suspension or termination of an Account shall not affect any accrued rights or remedies of either party.
15.5 Where an Account is terminated because of fraud, manipulation, abuse or a material breach of these Terms, the Promoter may invalidate affected Entries where reasonably necessary to protect the integrity of a Competition.
16. PAYMENT FRAUD, CHARGEBACKS AND MISUSE
16.1 The Promoter may operate reasonable fraud-prevention measures to protect Entrants and the integrity of Competitions.
16.2 Where a payment dispute, chargeback or payment reversal occurs, the Promoter may, where reasonably appropriate:
(a) suspend the relevant Account pending investigation;
(b) cancel affected Entries where payment for those Entries has not been received or has been reversed;
(c) withhold a Prize pending reasonable investigation of the validity of the relevant Entry; and
(d) recover reasonable and directly incurred losses resulting from an improper or unjustified chargeback.
16.3 An Entrant who knowingly initiates a fraudulent or unjustified chargeback may be liable for losses directly resulting from that conduct, subject to applicable law.
16.4 The Promoter may provide information relating to suspected fraudulent or unlawful activity to payment providers, regulators, law enforcement agencies or other relevant bodies where legally permitted or required.
17. REFUNDS, CANCELLATION AND CONSUMER RIGHTS
17.1 Except where expressly provided under these Terms or required by law, an Entry purchased for a specific Competition shall not be refundable once it has been accepted by the Promoter.
17.2 By submitting an Entry, the Entrant acknowledges that the Entry relates to participation in the specific Competition identified at the time of entry.
17.3 Nothing in these Terms shall exclude, restrict or otherwise affect any statutory rights available to consumers under applicable UK law.
17.4 Where a Competition is cancelled in accordance with Clause 9, the refund and Site Credit provisions contained within that Clause shall apply.
17.5 The Promoter may issue a refund where:
(a) an Entry has been accepted in error;
(b) the Competition cannot reasonably proceed because of circumstances falling within Clause 9;
(c) an Entry is invalidated and a refund is appropriate in the circumstances; or
(d) a refund is otherwise required by applicable law.
17.6 Where a monetary refund becomes payable under these Terms, the Promoter shall endeavour to process the refund within fourteen (14) days after entitlement to the refund has been established.
17.7 Refunds shall ordinarily be made using the original payment method. Where this is not reasonably practicable, the Promoter may arrange an alternative reasonable repayment method.
17.8 The Promoter shall not be responsible for delays caused solely by banks, payment providers or other third parties involved in processing a refund and outside the Promoter's reasonable control.
18. SITE CREDIT
18.1 Where Site Credit is issued pursuant to these Terms, such credit shall be applied to the Entrant's Account.
18.2 Site Credit may only be redeemed against future paid Entries unless otherwise expressly agreed by the Promoter.
18.3 Site Credit:
(a) shall not constitute electronic money;
(b) shall not represent a cash deposit;
(c) shall not accrue interest;
(d) shall not be transferable between Accounts; and
(e) shall not be exchangeable for cash except where required by law.
18.4 The Promoter may apply reasonable expiry dates or usage conditions to Site Credit provided that those conditions are communicated clearly to the Entrant before the Entrant voluntarily accepts the Site Credit where it is offered as an alternative to a monetary refund.
18.5 Where an Entrant uses Site Credit towards a future Competition, the Entry shall otherwise be governed by these Terms and any applicable Competition-specific terms.
18.6 Where the value of Site Credit exceeds the price of an Entry purchased using that credit, any remaining balance shall remain available to the Entrant subject to any clearly disclosed expiry date or usage conditions.
19. DATA PROTECTION AND PRIVACY
19.1 The Promoter shall process personal information in accordance with applicable data protection law, including:
(a) the UK General Data Protection Regulation;
(b) the Data Protection Act 2018; and
(c) the Promoter's Privacy Policy.
19.2 Personal information supplied through an Account or Free Postal Entry may be processed where permitted by applicable law for purposes including:
(a) administering Competitions;
(b) processing Entries;
(c) contacting Entrants regarding their participation;
(d) verifying Winner eligibility;
(e) preventing and investigating fraud, manipulation and misuse;
(f) awarding and delivering Prizes; and
(g) complying with legal and regulatory obligations.
19.3 Personal information shall not be sold by the Promoter. It may be disclosed to third parties where permitted by law and reasonably necessary for purposes including:
(a) operating the Website or administering a Competition;
(b) processing payments;
(c) delivering a Prize;
(d) fraud prevention and security;
(e) complying with legal obligations; or
(f) another purpose for which the Entrant has provided valid consent where consent is required.
19.4 Marketing communications shall only be sent where permitted by applicable law.
19.5 Entrants may withdraw marketing consent or unsubscribe from marketing communications at any time without affecting their ability to participate in Competitions.
20. WINNER PUBLICITY
20.1 Subject to applicable law and Clause 20.4, the Promoter may publish or make available information sufficient to demonstrate that a valid award has taken place, which may include the Winner's surname, county and winning Entry Number.
20.2 The Promoter may publish photographs, video footage, testimonials or other promotional material featuring a Winner only where an appropriate lawful basis exists and any required consent has been obtained.
20.3 Acceptance of a Prize does not require a Winner to participate in promotional activity unless separately and voluntarily agreed.
20.4 A Winner may object to or request a reduction in the amount of information made available where they have genuine safety, security, privacy or other legitimate concerns.
20.5 Where information is withheld from general publication, the Promoter may nevertheless provide appropriate winner information to the Advertising Standards Authority or another competent authority where required.
21. INTELLECTUAL PROPERTY
21.1 All intellectual property rights relating to the Website, including but not limited to:
(a) trademarks;
(b) logos;
(c) graphics;
(d) written content;
(e) software; and
(f) design elements,
are owned by or licensed to the Promoter unless otherwise stated.
21.2 Nothing in these Terms grants an Entrant any right or licence to use the Promoter's intellectual property except as necessary for ordinary personal use of the Website.
21.3 Entrants must not, without lawful authority:
(a) reproduce or commercially exploit Website content;
(b) materially modify Website materials for redistribution;
(c) use the Promoter's branding in a manner suggesting authorisation or endorsement; or
(d) falsely represent themselves as affiliated with the Promoter.
22. LIMITATION OF LIABILITY
22.1 Nothing in these Terms shall limit or exclude the Promoter's liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of statutory consumer rights which cannot lawfully be excluded or restricted; or
(d) any other liability which cannot lawfully be limited or excluded.
22.2 Subject to Clause 22.1 and applicable consumer law, the Promoter shall not be liable for losses which were not reasonably foreseeable when the relevant contract was formed or which result from circumstances outside the Promoter's reasonable control.
22.3 Subject to Clause 22.1, the Promoter shall not be responsible for loss arising solely from:
(a) interruption or unavailability of the Website;
(b) technical failures outside its reasonable control;
(c) telecommunications failures;
(d) payment-provider failures;
(e) postal delays or failures;
(f) unauthorised access to an Account resulting from the Entrant's failure to take reasonable steps to protect their login credentials; or
(g) events beyond the Promoter's reasonable control.
22.4 The Promoter does not guarantee uninterrupted availability of the Website. Nothing in this Clause affects obligations which cannot lawfully be excluded.
23. FORCE MAJEURE
23.1 Subject to applicable law, the Promoter shall not be liable for a failure or delay in performing an obligation where that failure or delay results from circumstances genuinely beyond its reasonable control.
23.2 Such circumstances may include:
(a) natural disasters;
(b) acts of government or public authorities;
(c) changes in law or regulation;
(d) war, terrorism or civil unrest;
(e) industrial disputes outside the Promoter's reasonable control;
(f) major telecommunications or infrastructure failures;
(g) cyber attacks;
(h) pandemic or public health emergencies; or
(i) material failures of essential suppliers or service providers outside the Promoter's reasonable control.
23.3 Where circumstances described in this Clause materially affect a Competition, any suspension, postponement, amendment, Prize substitution or cancellation shall be dealt with in accordance with Clause 9 and, where applicable, Clause 13.
24. COMPLAINTS
24.1 Any complaint relating to a Competition or the Promoter's services should be submitted using the contact details or complaints procedure published on the Website.
24.2 Entrants should provide sufficient information to enable the Promoter to investigate the complaint, which may include:
(a) the Entrant's full name;
(b) relevant Account details;
(c) the Competition name or reference;
(d) details of the complaint; and
(e) supporting evidence where applicable.
24.3 The Promoter shall investigate complaints fairly, transparently and within a reasonable period and shall communicate the outcome to the complainant.
24.4 Where a complaint cannot be resolved internally, the Promoter shall provide information about any appropriate dispute-resolution process available to the Entrant where applicable.
24.5 Nothing in the Promoter's complaints process shall prevent an Entrant from exercising any statutory right or remedy available to them.
25. GOVERNING LAW AND JURISDICTION
25.1 These Terms and any contractual or non-contractual dispute arising out of or in connection with them shall be governed by the laws of England and Wales, subject to any mandatory protections afforded to consumers by the law applicable where they reside.
25.2 If you are a consumer resident in England or Wales, proceedings may be brought in the courts of England and Wales. If you are resident in Scotland or Northern Ireland, you may bring proceedings in the courts of the part of the United Kingdom in which you live.
25.3 Nothing in this Clause affects any mandatory rights available to consumers under applicable law.
END OF TERMS AND CONDITIONS