These Ts & Cs apply to a prize draw. A prize draw is a contest which is free to enter and in which prizes are awarded randomly.
Free to enter: entry can be linked to a purchase (eg “Buy product X and get entry to our free prize draw”) and people can be required to make normal . However, the price cannot be increased to reflect the opportunity to enter the prize draw, and no additional charges (eg “admin” or “handling” charges) can be imposed. If a charge is made to enter, the contest will be an unlicensed lottery, which is a criminal offence.
Prizes to be awarded randomly: the draw must be done either (i) by a computer process that produces verifiably random results, or (ii) by, or under the supervision of, an independent person. Employees, agents, contractors etc of Helix or its group are not independent.
Skill competitions: it is also legal to run a promotional contest as a skill-based competition. In that case, you can charge for entry, as long as the competition requires a reasonable level of skill (asking very easy questions is not enough). These Ts & Cs cannot be used for a skill competition.
Amending the Ts & Cs: these Ts & Cs cannot be used as they are. The square brackets must be replaced with the details for each promotion. Particularly important points include (i) making clear who can and can’t enter the prize draw, (ii) explaining clearly how to enter, and (iii) explaining the prize(s) clearly.
Where to display these Ts & Cs: the full Ts & Cs should be available on our website. Where the prize draw is promoted, short-form Ts & Cs should be included if possible. These might read:
UK residents 18+ [state other limitations on entry]. One entry per person. To enter [briefly state how to enter]. Entries must be received by [date]. Draw will take place on [date]. [State any significant conditions on the prize, eg “Travel must be taken between [dates]. Prize consists of economy flights, transfers at destination, 3 nights’ 4-star hotel. Other expenses to be borne by the winner.] Promoter: [exact company name]. See [url] for full Ts & Cs.
If space is very limited (eg SMS, X posts), state: “Ts & Cs apply. See [url]”.
1. The Promoter is [state full company name and address]. You can contact us at [email address].
2. The prize draw is open to all UK residents aged 18 years or over, except employees of the Promoter, anyone else professionally connected with the promotion, and the immediate family members of either of these.
3. To enter the prize draw, [give full description of how to enter].
4. [Only one entry per person/household is permitted.] OR [You may enter as many times as you like.]
5. The opening date for entries is [time] on [date]. The closing date for receipt of entries is [time] on [date]. The Promoter reserves the right to extend the closing time if necessary. Entries received after the closing time will not be accepted.
6. The Promoter accepts no responsibility for entries not successfully completed due to a technical fault that is outside of its reasonable control.
7. A winner will be chosen by random draw [performed by a computer process OR supervised by an independent person] on [date] ("Draw Date").
8. The winner will receive [describe prize].
9. [The winner will be notified by email or telephone (using details provided at entry) before [date] and must provide a postal address to claim their prize. If a winner does not respond to the Promoter within [minimum 10] days of being notified by the Promoter, then the winner's prize will be forfeited and the Promoter will select another winner in accordance with the process described above.]
OR
10. [The winner will be notified by email or telephone (using details provided at entry) before [date]. [To claim the prize, the winner must [describe]. If the winner does not claim the prize within [minimum 10]] days then the winner's prize will be forfeited and the Promoter will select another winner in accordance with the process described above.]
11. The prize is non-exchangeable and non-transferable and no cash alternative is offered.
12. [The prize is supplied by [name and address of third party] (the "Supplier"). To claim the prize, the winner must accept the Supplier’s terms and conditions.]
13. The Promoter is entitled to replace the prize with an alternative prize of equal or higher value if circumstances beyond the Promoter's control make it necessary to do so.
14. The Promoter must either publish or make available information that indicates that a valid award took place. To comply with this obligation the Promoter will send the surname and county of major prize winners and, if applicable copies of their winning entries, to anyone who emails [email address] or writes to [address] (enclosing a self-addressed envelope) within [one] month after the closing date stated in condition 4. If you object to any or all of your surname, county and winning entry being published or made available, please contact the Promoter [insert contact details/ link to contact details]. In these circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority on request.
15. The Promoter reserves the right to refuse entry, or refuse to award the prize, to anyone whom it reasonably believes is in breach of these terms and conditions.
16. The Promoter may cancel, suspend, or amend the promotion where it becomes necessary to do so.
17. The Promoter is responsible for death or personal injury caused by our failure to use reasonable skill and care to avoid or reduce foreseeable risks in relation to the promotion. The Promoter is also responsible for loss or damage that entrants suffer as a result of its breach of these terms, or its failure to use reasonable skill and care, but only if the loss or damage arising was foreseeable when the entrant entered the promotion. “Foreseeable” means that it would have been obvious, when the entrant entered the promotion, that the loss or damage was likely to arise as a result of our breach of these terms or failure to use reasonable skill and care. Otherwise, we are not responsible for any loss or damage suffered by any person in connection with the promotion.
18. These terms and any dispute arising in connection with them, or the promotion, are governed by English law. Entrants can claim against us in the English courts, or, if they are not a permanent resident of England, in the courts of the country in the UK where they are a permanent resident. We can claim against entrants in the courts of the country in the UK where the entrant is a permanent resident.
19. Personal data supplied during the course of this promotion will only be processed as set out in the Promoter's [LINK TO PRIVACY POLICY]. See also condition 13 with regard to the announcement of winners.
20. These terms and conditions and this promotion are governed by English law. If any entrants to this promotion wish to take court proceedings, then they must do this within the courts in the United Kingdom.
21. The Promoter of this prize draw is [NAME] of [ADDRESS].