- Introduction
- Eligibility
- Competition
- Prize & Winners
- Delivery & Acceptance
- Disputes
- Intellectual Property Rights
- Data Privacy
- Force Majeure
- Final Provisions
- Limitation of Liability
1. Introduction
These Terms and Conditions (“T&Cs”) govern the relationship between Tombolador (“We”, “Us”, “Our”), and You (“User”, “Participant”, “You”) regarding the use of our prize competition platform and participation in any competition hosted on it. These T&Cs apply Entrants, and Winners users. By accessing or using the Tombolador platform, You agree to comply with and be bound by these T&Cs.
Definitions
Entrant: A user who enters a competition by purchasing a ticket or by other means outlined in these T&Cs.
Winner: A user who is selected as the recipient of a prize in a competition.
Competition Entry Question: A skill-based question that must be answered correctly to enter a competition.
Prize: The item or experience offered to the Winner as detailed in the competition’s Particulars.
We reserve the right to change these terms & conditions at any time. If any major change occurs to our terms & conditions, Tombolador users will be informed via the email address connected to their account. We will decide what represents a major change.
All users that use or intend to use Tombolador must:
- Read and understand Tombolador Terms & Conditions
- Ensure that they do not reside in a jurisdiction where it is illegal to participate
- Carefully read and understand all content related to competition and prizes.
We will assume that all Tombolador users have read and accepted our Terms & Conditions. If you choose to ignore these Terms & Conditions you will do it at your own risk and we will not be held accountable.
2. Eligibility
All competitions hosted on Tombolador are open to residents in England, Wales and Scotland aged 18 years or over, except:
- Employees or shareholders of Tombolador and their immediate family
- Any other person involved in the development or operation of the website or in the execution or administration of the Competition in any way or in any form
All users will have to ensure on their own that they are eligible to use our platform.
Tombolador reserves all rights to disqualify an entrant if the entrant’s conduct is contrary to the spirit or intent of the Competition.
Tombolador reserves the right to verify the eligibility of any participant at any time. This may include requesting identification documents, proof of residency, or other relevant information. Failure to provide the requested information within the time specified by Tombolador may result in disqualification.
3. Competition
- The Promoter of all competitions that are hosted on our platform is Tombolador Limited (a company incorporated in England with company registration number 14459217) registered at the following address: 5 Palmerston Road, N22 8QH, London, United Kingdom
- Although the term ‘Raffle’ is frequently mentioned on our platform, this is for SEO (Search Engine Optimization) and marketing purposes only. Due to the fact that each user who decides to participate in any competition hosted on our platform is required to complete a puzzle or answer The Competition Question before entering, all competitions hosted on Tombolador are considered ‘Prize Competitions’ and not raffles.
- All competitions hosted on Tombolador are free from regulation under the Gambling Act 2005, in the Great Britain. More information on laws & regulations regarding prize competitions and raffles can be found here: www.gamblingcommission.gov.uk
- Tombolador reserves the right to cancel any competition hosted on our platform at any time without reason
3.1 Entering a Competition
A competition will start as soon as it’s published on our platform and will end when ending date and time is reached or when all tickets are sold.
To enter, participants must choose one of the following options:
3.1.1 Paid Entry:
- Log in to your Tombolador account, or create a new one if you haven’t registered yet.
- Verify your email & phone number
- Answer the specific Competition Entry Question (each competition has a unique question testing skill or knowledge).
- Purchase tickets using Tombolador Credit or a credit/debit card.
- Note: Ticket payments are non-refundable.
3.1.2 Postal Entry:
- Postal entry is only available for users with verified accounts (email and phone).
- Only one entry per letter will be accepted.
- Choosing your lucky number is not possible with postal entry.
- Postal entries must be received by the closing date and time shown on each Draw in order for it to be processed before the Draw. Postal entries received after the closing date and time will not be entered into the Draw
- Letters must be received by us by the date and time the competition ends
- It is the user’s responsibility to ensure that all required details are clearly written on the postal entry and that the entry is sent to the address
- We reserve the right to reject or disqualify any illegible or incomplete entries
- Postal entries must contain:
- User ID
- Competition ID
- Selected Answer
Letters must be sent by 1st or 2nd class post to:
FREE ENTRIES
Tombolador Limited
5 Palmerston Road, London
N22 8QH
United Kingdom
Only those entrants who correctly answered the competition entry question will be entered into the draw
Participation in the Draw must be conducted solely on the user’s own behalf. It is strictly prohibited for users to enter a Draw on behalf of another individual.
4. Prize & Winners
For each competition, only tickets associated with a correct answer to the Competition Entry Question will enter the drawing stage. When a competition reaches the closing date and time, Tombolador will randomly choose a winning ticket from the tickets associated with a correct answer for that competition. In some special cases, for advertising purposes, we may do the drawing on a live video on one of our social media pages (like Facebook, YouTube, or TikTok).
When a competition has ended and a winner has been drawn, Tombolador will publish on their platform and on their social media channels the winner’s username. If the user has authenticated using a third-party platform (like Google or Facebook), be default username may contain the user’s name associated with the third-party provider and the avatar may be the same as in the social provider used to authenticate.
After a draw has been made, Tombolador will send an email to the email address associated with the participant’s accounts. After this email has been sent, it is the user’s responsibility to check the Tombolador platform to see if they are the winner.
The prize cannot be redeemed by any other person other than the Winner. Tombolador will not be responsible if The Winner is not able to take the prize.
5. Delivery & Acceptance
5.1 Delivery
We will contact you to arrange the free delivery of your Prize to the address in Great Britain as stated on your account
5.2 Acceptance
After a competition has ended and a winner has been drawn, The winner has 21 days to Accept or Dispute the prize. If The Winner doesn’t take any action (Accept or Dispute), after 21 days we will consider that the winner has accepted the prize.
Participation in the Draw must be carried out exclusively by the user for themselves. Entering a Draw on behalf of another person is strictly prohibited.
The winner will be required to provide a valid ID card and must be over 18 years of age.
6. Disputes
6.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out on our Website.
6.2 If a dispute cannot be resolved or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
6.3 If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.
6.4 The laws of England and Wales will apply to these Terms. If you want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to these Terms
7. Intellectual Property Rights
We reserve our right to edit, re-forma, copy, alter, publish, or change in any way the competition created by any user.
We reserve our right to use the competition in any of our offline or online marketing campaigns.
All Tombolador users are responsible for making sure that any content tight to their account (user account details, competitions, etc.) does not infringe any 3rd party’s copy or intellectual property rights and does not constitute a breach of contract between them and a 3rd party.
Each user who creates a competition on Tombolador and each user who wins a competition hosted on Tombolador agrees that we may use their name (first name + first letter of last name), username, and avatar/photo to inform other users or potential users on our platform, our social media channels or on our marketing campaigns. Furthermore, The Winners agree that any offline or online material (social media posts, internal platform posts, flyers and/or prints, video materials) that are related to their name, username, and photos are the sole property of Tombolador.
- Platform Content: All content, trademarks, logos, service marks, and other intellectual property displayed on the Tombolador platform are the property of Tombolador or its licensors. You may not use, copy, modify, or distribute any of the content on the platform without prior written consent from Tombolador.
- User-Generated Content: By submitting, posting, or displaying content on or through the Tombolador platform, You grant Tombolador a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any media.
- Content Accuracy: You represent and warrant that any content You submit to the platform is accurate, not misleading, and does not violate any laws or third-party rights, including intellectual property rights.
- Infringement Claims: If You believe that any content on the Tombolador platform infringes Your intellectual property rights, You may submit a notice of infringement to office@tombolador.com. Tombolador will investigate the claim and may remove or disable access to the allegedly infringing content.
- Publicity Rights: By participating in a competition, You agree that Tombolador may use Your name, likeness, and any content You submit in connection with the competition for promotional purposes without additional compensation, unless prohibited by law.
- License to Tombolador: You grant Tombolador the right to use, modify, and distribute any content You provide on the platform in connection with the operation, promotion, and improvement of the platform and its services.
8. Data Privacy
Tombolador will process and/or store user data according to our Privacy Policy page. Please also check paragraph 7 regarding winners.
- Purpose of Data Use: Your personal data is used for purposes including, but not limited to, managing Your account, processing entries, notifying winners, and communicating with You about Our services. We may also use Your data for marketing purposes, provided You have given Your consent.
- Data Sharing: We may share Your personal data with third-party service providers who assist Us in operating the platform (e.g., payment processors, delivery services). These providers are contractually obligated to protect Your data and only use it for the purposes We specify.
- Legal Disclosures: We may also disclose Your personal data if required to do so by law or if We believe that such action is necessary to protect Our rights, protect Your safety or the safety of others, investigate fraud, or respond to a government request.
- Access and Correction: You have the right to access the personal data We hold about You and to request correction of any inaccurate or incomplete data. You can exercise these rights by contacting Our Data Protection Officer at dpo@tombolador.com.
- Data Deletion: You have the right to request the deletion of Your personal data. However, We may retain certain data as required by law or for legitimate business purposes.
- Objection to Processing: You have the right to object to the processing of Your personal data in certain circumstances, including for direct marketing purposes. If You object, We will stop processing Your data unless We have compelling legitimate grounds to continue.
- Security Measures: Tombolador implements robust security measures to protect Your personal data from unauthorized access, alteration, disclosure, or destruction. This includes encryption, access controls, and regular security audits.
- Data Breach Notification: In the event of a data breach that poses a risk to Your rights and freedoms, We will notify You and the relevant data protection authorities within 72 hours of becoming aware of the breach.
9. Force Majeure
Definition: Tombolador will not be liable for any failure or delay in the performance of its obligations under these T&Cs due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, strikes or labor disputes, natural disasters, pandemics, interruptions in telecommunications, internet services, or utility services, or the unavailability of essential supplies or materials (“Force Majeure Event”).
Obligations During Force Majeure: In the event of a Force Majeure Event, Tombolador’s obligations under these T&Cs will be suspended for the duration of the event. Tombolador will use reasonable efforts to mitigate the impact of the Force Majeure Event and resume performance as soon as practicable.
10. Final Provisions
- The law of England and Wales governs these terms and conditions and any dispute or claim arising out of or in connection with it.
- As these Terms & Conditions might suffer modifications that we do not consider major changes, it is your responsibility to read this page each time you use our platform.
- All money transfers made by Tombolador for competitions usually take under 3 working days to complete but in some special cases (like disputes or unforeseen circumstances) they might take up to 3 months.
- This version of the Terms & Conditions represents the entire agreement between you and Tombolador. Any verbal or non-verbal agreements, promises, or understandings prior to this version of the Terms & Conditions are no longer in effect.
- Users are responsible for maintaining the confidentiality of their login credentials and for all activities that occur under their account. You must immediately notify Tombolador if You suspect any unauthorized use of Your account.
- Tombolador reserves the right to suspend or terminate Your account if it detects any suspicious activity or breach of these T&Cs. You may be required to provide additional verification to regain access to Your account.
- By participating in any competition, You confirm that Your participation does not violate any applicable laws or regulations. This includes, but is not limited to, gambling laws, consumer protection laws, and data privacy laws.
- You are prohibited from using the Tombolador platform for any illegal activities, including fraud, money laundering, or the promotion of unlawful content. Any such activities may result in immediate account termination and legal action.
- Code of Conduct: Users must adhere to a standard of conduct that promotes a safe and respectful environment for all participants. Unacceptable behavior includes, but is not limited to:
- Harassment, threats, or abuse towards other users or Tombolador staff.
- Spamming, phishing, or distributing malicious software.
- Engaging in or encouraging others to engage in fraud or deception.
- Consequences: Violation of this code of conduct may result in warnings, suspension, or permanent banning from the platform. Tombolador reserves the right to take legal action if necessary.
11. Limitation of Liability
To the maximum extent permitted by law, we shall not have any liability to you or any Winner in connection with or arising from any Draw howsoever caused, including costs, expenses, damages and any other liabilities, provided that nothing in this clause shall limit our liability for personal injury or death caused by our negligence. Our total maximum aggregate liability to each Winner shall be limited to the total value of any one Prize. Our total maximum aggregate liability for non-winners shall be limited to the amount paid to enter the Draw.
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
- losses that were not foreseeable to you and us when these Terms were formed
- losses that were not caused by any breach on our part
- business losses
- losses to non-consumers