Competition – Terms and Conditions of Entry
1. Information About Us
Dabble Enterprises Limited are a company registered in England and Wales (company number 00567238) with its registered address at Peartree House, Bolham Lane, Retford, Nottinghamshire, England DN22 6SU (‘we’, ‘us’ or ‘our’). Our trading address is 27 Blossom Street, Manchester M4 6AJ and you can contact us at that address or, if you would prefer our helpdesk e-mail is: admin@daily-dabble.co.uk, and our contact number is: 0161 923 6031.
www.daily-dabble.co.uk (‘Website’) is operated by us. Your use of our Website is subject to our terms of use.
2. Purpose of these Terms
2.1 These terms and conditions and the Entry Form, whether in hardcopy or submitted through the Website (‘Terms’) set out the terms and conditions on which you may offer to enter any spot the ball competition we conduct (‘Competition’). They form the basis of a contract in the English language.
2.2 Before you offer to enter a Competition, please ensure you read these Terms carefully and print a copy for your records. NOTE: your attention is drawn to clause 8 in particular.
2.3 We may revise these Terms from time to time to reflect changes in how future Competitions may be conducted. Every time you enter one of our Competitions, the Terms in force at the time we accept your entry will apply. Please check the latest version of these Terms by coming back to this page.
2.4 At some points in these Terms we use the words ‘working days’. This means Monday to Friday, excluding Saturdays, Sundays and designated public holidays in England and Wales.
2.5 If you do not wish to accept these Terms, then you must not enter the Competition.
3. Competition and Entries
3.1 By accepting these Terms and offering to enter a Competition you confirm to us that you are
(i) at least 16 years of age
(ii) not one of our employees, agents nor otherwise involved or are closely connected with someone involved in the administration of the Competition
(iii) are resident in the United Kingdom. Please note this competition is available for entry to those resident in the United Kingdom and entries from other destinations may not be accepted.
3.2 The Competition involves you viewing a sporting photograph without a ball shown in it. You will need to assess, using your skill and judgment, the content of the photograph to determine where, on an X and Y-axis co-ordinate [(using the overlain grid)]. An independent judge or panel of judges with sporting experience and expertise (‘Judge(s)’) will decide is the most likely location for the centre of the ball if it were present. You must make your selection by [using the mouse cursor to click on the location where you have assessed is the most likely location that the Judge(s) would place the centre of the ball.
3.3 You will also need to complete the details required in the Entry Form. It is your responsibility to check and amend any errors in the Entry Form and during the payment process. If entering through the Website you can do so by clicking back to previous pages or fields in the Entry Form.
3.4 Payment must also be made before you submit your offer to enter the Competition. Where you are doing so through the Website, you can send payment by moving to the next page, entering your card details and clicking on the button labelled “Proceed and Pay Now”.
3.5 For legal purposes, by submitting your Entry Form and payment you are making an offer to enter the Competition, if accepted by us, will result in a binding contract. We must receive your offer before the closing date for the Competition. This will be the date stated on the Entry Form or, if there is none, the date and time at which the last ticket for participation in the Competition has been allocated. Competitions without a closing date stated on the Entry Form will have limited capacity and this may be one reason why your offer could not be accepted.
3.6 We will send you an e-mail confirming that your offer to enter has been received. However, we will only accept this once we send you a further email-confirming acceptance of your Competition entry (‘Entry Confirmation E-Mail’), at which point there will be a legally binding contract between us. We may debit your payment card before your entry is accepted, but you will be entitled to a full refund to your payment card if that contract is not accepted for any reason. If you entered using a valid game play voucher, we may refund you in vouchers of equivalent value or entitlement.
3.7 Please note that while we will send emails to you as appropriate under these Terms, as with all communication over the internet we cannot guarantee that the notification we send will be received by you, nor that, if it is received by you, it will be legible and uncorrupted.
3.8 Whilst it is our intention to keep the Website up to date and error free, prize description or entry fee errors may occur. If we discover such an error after you have submitted an offer to enter the Competition but before we have sent you Entry Confirmation E-Mail, we will contact you with the correct details. You may then either cancel your entry offer and receive a refund or re-confirm it based on the correct information. If we are unable to contact you, we will treat your offer as cancelled.
4. Entry Fee
4.1 The fee for each entry into the Competition is that stated on the Entry Form (but also see clause 3.8 above). This is inclusive of VAT at the current rate applicable in the United Kingdom for the time being.
4.2 Payment of entry fees are accepted from:
4.2.1the credit and debit cards listed on the Website;
4.2.2by redeeming a valid voucher applicable to the Competition that has not otherwise been redeemed and in accordance with its terms and conditions and prior to any expiry date;
4.2.3[from a valid PayPal account you are authorised to use]; or
4.2.4if entering the Competition in the physical presence of our representative you may pay your entry fee in cash when completing the Entry Form.
4.3 All electronic payments will be encrypted to ensure that orders you place through the Website are as secure as possible.
4.4 Details of any promotional offers and discounts for entry fees, or accepted game play vouchers, their duration and steps or evidence required to claim them will be detailed on the Website or explained to you by our representative. It is your responsibility to claim any discounts or redeem any vouchers, which may be available and apply to you, and acceptance is subject to us verifying from the information provided that you comply with all the eligibility criteria and/or terms of the offer.
We reserve the right to withdraw or vary the availability of any discounts, vouchers or promotional offers, but that will not affect any entry, which we have confirmed with an Entry Confirmation Email.
4.5 For selected Competitions we may, at our discretion, contribute a percentage or proportion of the total value of entry fees received for that Competition to a charity or other benevolent cause of our choice. Where this is the case, we will inform you and display on the Website during the entry process the identity of the charity or organisation and percentage or proportion of entry fees to be allocated to them.
5. Judging Procedure
5.1 For identifying a winner of a competition, Judge(s) will be shown the same photograph as entrants to the Competition and determine, using their expertise and experience, the most likely location for the centre of the ball had it been present in the photograph (‘Answer’). This may occur either
(i) before the Competition start date, in which case the determination of the Judge(s) will be electronically recorded and securely stored, or
(ii) after the Competition start or closing date in which case we will use reasonable endeavours to ensure no Judge(s) are aware of the chosen location of the ball within any entrant’s entry.
5.2 The entrant who correctly identifies the precise co-ordinate location of the centre of the ball, which matches or, if there is none, is within the closest spatial proximity to the Answer, will be the winner of the Competition (‘Winner’).
5.3 Should more than one entrant match or be equally close to the Answer, we shall notify such entrants by email within 10 working days of the closing date or, if later, the Answer as set out above. Those entrants will be invited to complete a further spot the ball Competition, on the basis set out in these Terms (save that they will not be liable to pay a further entry fee) (‘Tiebreak’).
5.4 In the event that any entrant fails to complete a Tiebreak within 10 working days of us sending the email requesting that they do so, that entrant will be eliminated from the Competition without (subject always to clause 8 below) entitlement to any refund, recompense or other liability on our part.
5.5 The Tiebreak shall be judged in the same way as the original entries and, if necessary, be repeated amongst those Tiebreak entrants who again match or are equally close to the Judge(s) determination of the location of the centre of the ball in any Tiebreak photograph (‘Tiebreak Answer’). This shall be repeated until such time as there is only one Winner.
5.6 The sole Winner of the Competition will be notified of their success by email to the email address provided in their Entry Form within 30 working days of the closing date, the Answer being revealed, or final Tiebreak Answer (whichever is later) (‘Winners Email’).
5.7 If the Winner has not responded or contacted us to claim their prize within 21 working days of us sending the Winners Email we will send a subsequent email and attempt on no more than two occasions to contact them on the telephone number (if any) provided on their Entry Form. Should the Winner still fail to respond or contact us within 30 working days of the Winners Email being sent then we shall regard their entry as withdrawn and prize forfeited without further liability on our part. The prize will then be offered to the entrant who was in the next closest proximity to the Answer or last Tiebreak Answer (or subsequent Tiebreak answer as may be required if two or more such entrants were again equally close to the relevant Tiebreak Answer). That entrant will then be the Winner for the purpose of these Terms and a Winners Email will be sent to them as above.
6. Prizes
6.1 The prize for the Winner of the Competition shall be that described or shown on the Website or on Entry Form when they placed their offer to enter the Competition, or a reasonable and comparable equivalent.
6.2 All photography appearing on the Website is for illustration purposes only and, as such, any prizes shown may vary slightly.
6.3 When responding to a Winners Email, or otherwise in order to validly claim their prize, the Winner must provide us with one form of valid and official photographic ID (Driving License or Passport) to allow verification of their name, age and right of use to any payment card used to pay the entry fee.
6.4 Ownership of a prize remains with us until it has been claimed, we have verified that the claiming party is the valid Winner, and the Winner has received them. All risk of loss or damage to the prize will pass to the Winner once they have taken possession of it.
6.5 We try to ensure the prize is made available to the Winner as soon as reasonably possible from them having claimed it and us having verified their entitlement. However, time for delivery or cancellation can depend on the nature of the prize and we will notify the winner of an anticipated delivery or collection date, and other arrangements for delivery or collection of the prize, by email once the Winner has validly responded to a Winners Email and claimed the prize in accordance with these Terms. In exceptional circumstances, delivery of certain prizes to the Winner of the Competition may carry delivery charges or liability to import or customs duties. If this is the case, the Winner will be notified of the relevant delivery charges when or shortly after we confirm their success and the Winner will be responsible for all delivery charges and import or customs charges (if any).
7. Right to withdraw
7.1 Subject to the below, if you submitted the Entry Form through the Website you have a legal right to cancel the contract between us (including if you change your mind), starting from the date we send the Entry Confirmation E-Mail (being the date the contract between us is made). That right lasts for 14 (fourteen) days. This clause does not apply if you chose to enter the Competition other than through the Website.
7.2 By submitting your Entry Form and payment, you request for us to begin processing your entry immediately on us sending the Entry Acceptance Email. Furthermore, you acknowledge that as result of this you will not be able to cancel the contract for your entry into the Competition during the 14-day period above if the Winner has already been selected or a Tiebreak is being arranged.
7.3 To cancel an entry where you are entitled to do so, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our Website. A link will be included in our Entry Confirmation Email]. If you use this method we will e-mail you to confirm we have received your cancellation.
7.4 You can also e-mail us at admin@daily-dabble.co.uk or contact our Customer Services team by telephone on 0161 923 6031 or by post to 27 Blossom Street, Manchester, M27 5GR. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
7.5 Once we receive your Cancellation Notice we agree to reimburse you, within 14 days, with the full entry fee you paid. All refunds will be made to the credit or debit card [or PayPal account] used to make the payment to us. If you made payment using any voucher valid for other competitions then we will reimburse you in the form of a replacement voucher or voucher credit.
8. Warranties and Liability
8.1 Nothing in these Terms is intended to exclude any provision of legislation designed to ensure that the rights as a consumer are fairly balanced and these terms are otherwise fair.
8.2 We shall not be responsible to you for any loss, damage, costs or expenses suffered which are not reasonably foreseeable as a result of any breach of these Terms, or carrying out or failing to carry out anything required of us. For this purpose, loss, damage, costs or expenses are ‘reasonably foreseeable’ if they were an obvious consequence of our breach or if you and we contemplated them at the time we sent the Entry Confirmation Email to you.
8.3 Nothing in these Terms is in any way intended to exclude or limit our liability for: (a) Death or personal injury caused by our negligence; (b) Fraud or fraudulent misrepresentation; (c) Any breach of terms implied by law which cannot be excluded.
9. Your Personal Information
9.1 We will use the personal information you provide to us to (a) administer your entry into and during the Competition (b) process your entry fee; and (c) inform you about similar Competitions or services that we provide, but you may stop receiving these at any time by contacting us.
9.2 We will not give your personal data to any third party without your consent to do so. You can learn more about how we may use your personal information collected through the Website by viewing our privacy policy.
9.3 In the event you are the Winner we may require you to have your photograph or video taken for promotional purposes, and disclose your name in any promotional material relating to your participation or success in the Competition.
10. Termination
10.1 We reserve the right to terminate your entry into any Competition should you be in serious breach of your obligations under these Terms (including, but not only, if you do not satisfy the criteria for entry or any entry fee is drawn back or dishonoured). The obligations under these Terms continue for the duration that you are an existing entrant or Winner of the Competition.
10.2 We will not be liable or responsible for any failure to carry out, or delay in performance of, any of our obligations under a contract with you that is caused by an unpredictable event. If an unpredictable event happens which affects the performance of our obligations under any contract with you: (a) we will contact you as soon as reasonably possible to notify you; (b) our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the unpredictable event, and we will propose a new date for completion of that obligation; and (c) if you do not agree to the re-arranged performance date, or do not agree to one being re-arranged, you can receive a refund by notifying us via email at admin@daily-dabble.co.uk.
10.3 An ‘unpredictable event’ means any act or event beyond our reasonable control including (but not only), strikes, lock-outs or other industrial action taken by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport between us and your delivery address.
11. Communication Between Us
11.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
11.2 If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to the above contact email and postal addresses. You can always contact us using our helpline, or otherwise through the Contact Us page on the Website.
11.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in the Entry Form.
12. Other Important Terms
12.1These Terms constitute the entire agreement between you and us relating to your entry into a Competition and supersede any previous agreements, arrangements or proposals, written or oral, between us in relation to this, and all past orders.
12.2 Notwithstanding that the whole or any part of any provision of these Terms may prove to be illegal or unenforceable the other provisions of these Terms and the remainder of the provision in question shall remain in full force and effect.
12.3 We may assign or transfer any of our rights or sub contract any of our obligations under these Terms to any third party. You may not assign or transfer any of your rights or sub-contract any of your obligations under these Terms except with our specific consent in writing (but we will not unreasonably withhold such consent).
12.4 A person who is not a party to these Terms shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.
12.5 If we have not noticed and/or insisted that you perform any of your obligations under these Terms, or if we do not enforce (or delay in enforcing) our rights against you immediately, that will not mean we have waived our rights to require you to comply with those obligations. We would only waive our rights if we make it clear in writing.
12.6 These Terms and any contract into which they are incorporated shall be governed by and construed in accordance with the laws of England and Wales. This means a contract for your entry into a Competition and English law will govern any dispute or claim arising out of or in connection with it and the courts of England and Wales will have non-exclusive jurisdiction to deal with any disputes. However, if you are resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
13. Complaints
We aim to provide you with a quality service when conducting our Competitions. If, however, you feel that you have cause to complain, you can contact us using the details shown at the top of these Terms above.