TERMS FOR PRIZE PROVIDERS
These Terms for Prize Providers, together with any and all other documents referred to herein, set out the terms under which Users (“Prize Providers”) list Prizes on our Showcase. Please read these Terms for Prize Providers carefully and ensure that you understand them before promoting on our Showcase. You will be required to read and confirm via email that you accept these Terms for Prize Providers when you email us a Competition. If you do not agree to comply with and be bound by these Terms for Prize Providers, you will not be able to feature on our Showcase. These Terms for Prize Providers, as well as any and all contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms for Prize Providers, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required to access and/or use certain areas of our Site, including our Showcase;
“Entrant” means a User who makes a purchase on our Showcase;
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, our Site;
“Competition” means a listing on our Showcase advertising an item or items for sale;
“Showcase” means our platform for Entrants and Prize Providers on our Site;
“Our Site” means this website www.blitzcompetitions.com
“Prize” means the item being advertised
“Prize Provider” means a User who promotes on our Showcase;
“User” means a User of our Site;
“User Content” means any Content added to our Site by a User;
“We/us/our” means Blitz Competitions Ltd, a limited company registered in England under company number 11723577, whose registered address is 61 High Street, Rugeley, WS15 3LG trading at Hamilton house, 9 Hucknall Road, Nottingham NG5 1AE.
2. Information About us
2.1 We own and operate the Site
3. Access to and use of our Site
3.1 Access to our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access our Site.
3.3 Access to our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms for Prize Providers, we will not be liable to you in any way if our Site (or any part of it) is unavailable at any time and for any period.
4. Our Showcase
4.1 To showcase a Prize you must email firstname.lastname@example.org any photographs, a description, where the Prize is located, proof of ownership where applicable, photo ID, bank details, delivery times and we will confirm whether your item has been successfully selected as a Competition within 7 days.
4.2 We will quote the number of Tickets that will be available for purchase, the recommended timescale where applicable and the potential monetary value you will gain if all Tickets are sold. You must accept this offer within 48 hours for the Competition to be listed on our Website.
4.3 You hereby acknowledge and agree that:
4.3.1 We do not pre-screen Prize Providers or any items that you put in Competitions on our Showcase. we are not, therefore, in any way responsible for any items or for the content of any Listings;
4.3.2 While you are required to comply with these Terms for Prize Providers, which include provisions covering important matters such as processing times, and delivery methods, we recognise that all Prize Providers are different and may not process transactions within the same time frame, or offer the same delivery methods.
4.3.3 It is your responsibility to promote on external sites to increase sales and this is encouraged.
4.3.4 where applicable you agree for marketing boards to be displayed on higher priced Prizes
4.3.5 We do not guarantee all Tickets will be sold and do not warrant that your Prize will be advertised externally
4.3.6 We may use the Prize, your name and location in current and future marketing and the Prize may be offered to be part of a live draw separate terms and conditions apply
4.3.7 At our discretion we may add additional Prizes or cash to enhance the ticket sales without permission and without notice.
4.3.8 You do not purchase Tickets for your own Competition
4.4 If the timescale of the Competition lapses and Ticket sales have not all been purchased, we give you the option to either
4.4.1 Withdraw the Prize from the Competition and receive 5% of the total ticket sales.
4.4.2 Be offered a lower cash value
4.4.3 Relist the item depending on the decission above
5. What Can and Cannot be Sold on our Showcase
5.1 The following are not permitted on our Showcase:
5.1.1 Offensive weapons;
5.1.2 Illegal substances;
5.1.3 Live animals or pets;
5.2 The following are not permitted on our Showcase without prior approval by us:
5.2.2 Blind/Mystery Boxes;
5.3 We reserve the right to remove any Competition that breaches the provisions of this Clause 5 which would forfeit any monies due. If we do so, our decision is final. In addition, we may also suspend or terminate your Account.
6. Descriptions Policy
6.1 When advertising on our Showcase, it is important that all descriptions of Prizes are truthful and accurate, and that all visual representations are true representations of what you are selling (as far as is reasonably possible). You agree that all Competitions submitted by you will comply with the following:
6.1.1 if an item is not new, it must not be described as such;
6.1.2 if an item is used, the description must give as much detail as is reasonably possible about the age of the item, its condition, and any damage or defects;
6.1.3 if an item is not original (i.e. it has been purchased from, or otherwise supplied by, another party), it must not be described as such;
6.1.4 you may only describe something as being made or done by you if that is truly the case. If any other party is involved, your description must state and describe their involvement;
6.1.5 photographs must be of what you are selling and not stock photographs unless otherwise agreed, photographs from other Prize Providers or websites, drawings, renderings, or other representations;
6.1.6 if you are selling multiples of the same item (including, but not limited to, items made to order, customised versions of an item, or variations resulting in a similar but not identical product), you do not need to include photographs of every individual item, provided that your description sets out any variations that are likely to be made, stating that the photographs provided are examples only;
6.1.7 if you are offering items made or customised to order, provide full details of the options available to Entrants;
6.1.8 if you are offering items made or customised to order, you must provide reasonable estimates for the time required to make or customise such orders and use all reasonable efforts to ensure that you keep to such times;
6.1.9 you must not use any Content that belongs to other parties in your Listings without their express permission (please refer to Clause 7 for more information on intellectual property rights);
6.1.10 your Listing must not advertise alternate locations from which your items can be purchased, thereby avoiding our Transaction Fees.
7. Intellectual Property Rights
7.2 Prize Providers must, at all times, respect the intellectual property rights of other Prize Providers on our Showcase. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.
7.3 If you feel that another User (whether they are another Prize Provider or Entrant or otherwise) has infringed your intellectual property rights in any way, please contact us.
7.4 If another party contacts us accusing you of infringing their intellectual property rights:
7.4.1 we will contact you to inform you of the complaint;
7.4.2 we may remove the User Content that is the subject of the complaint;
7.4.3 if you have questions regarding the complaint, or wish to challenge it, you must contact the complaining party. we will not be a party to any dispute concerning intellectual property and cannot assist in resolving such disputes; and
7.4.4 you are free to resubmit the User Content in question if the complaint is resolved and you have the permission of the complaining party to do so (where it is required). we can neither permit nor deny such resubmission as we will not be a party to the dispute.
8. Prize Provider Rules and Acceptable usage Policy
8.1 When using our Showcase, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 8. Specifically:
8.1.1 you must ensure that you comply fully with all local, national, or international laws, and/or regulations (including but not limited to those which may apply to the item(s) you wish to sell);
8.1.2 you must not use our Showcase in any way, or for any purpose, that is unlawful or fraudulent;
8.1.3 you must not use our Showcase to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
8.1.4 you must not use our Showcase in any way, or for any purpose, that is intended to harm any person or persons in any way;
8.1.5 you must always provide accurate, honest information about yourself and any and all items that you are advertising on our Showcase;
8.1.6 you must state the approximate price of an item accurately and clearly and provide us with a clear breakdown of costs including delivery
8.1.7 you must not engage in any form of price fixing with other Users (including Prize Providers and Entrants).
8.2 When using our Showcase, you must not submit anything (including, but not limited to, material in a Competition) or otherwise do anything that:
8.2.1 is sexually explicit;
8.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
8.2.3 promotes violence;
8.2.4 promotes or assists in any form of unlawful activity;
8.2.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
8.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
8.2.7 is calculated or is otherwise likely to deceive;
8.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
8.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.2);
8.2.10 implies any form of affiliation with us where none exists;
8.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
8.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
8.3 we reserve the right to suspend or terminate your access to our Showcase if you materially breach the provisions of this Clause 8 or any of the other provisions of these Terms for Prize Providers. Further actions we may take include, but are not limited to:
8.3.1 removing your listing(s) from our Showcase;
8.3.2 issuing you with a written warning;
8.3.3 legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
8.3.4 further legal action against you as appropriate;
8.3.5 disclosing such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
8.3.6 any other actions which we deem reasonably necessary, appropriate, and lawful.
8.4 We hereby exclude any and all liability arising out of any actions that we may take in response to breaches of these Terms for Prize Providers.
9.1 Payment for the item shall consist of ticket sales, we shall endeavour to sell tickets for the minimum of twice the value of your Prize. In this case, you shall be paid 55% of the total ticket sale revenue this will not include any enhancement Blitz has added to your prize/competition.
9.2 Where we have not reached the total number of tickets required, the Winner shall receive a cash prize instead of the item described in the Competition, and you shall not be responsible for delivery of the Prize to the Winner. In this case, 50% of the ticket sale revenue is used to give the Winner their cash prize, you receive 5%.
9.3 Your payment will be credited to your Bank Account once the Winner has confirmed that they have received the item and is satisfied it meets the description or when the ticket sale minimum has not been reached within 5 working days
9.4 You must provide complete and accurate bank details to us. We are responsible for ensuring that we make payment to the bank account exactly as you provide it, but if payment does not reach you due to any incorrect details provided by you, it is your responsibility and not ours.
9.5 You are responsible for all taxes and contributions (including, but not limited to, income tax, national insurance and VAT, where applicable) in respect of the sums payable under this Agreement and you agree to indemnify us for any claims that may be made by the relevant authorities against us in respect of any such taxes and/or contributions, including interest and penalties, arising out of the Services as provided by you under this Agreement.
10.1 Unless otherwise agreed you must dispatch Prizes as soon as is reasonably possible upon notification by us that the Winner has been notified, taking into account the nature of the Prize(s) in question, preparation time and, where relevant, manufacturing time (if items are made or customised to order). Unless your Competition has stated otherwise, you must dispatch items no later than 7 calendar days after the date on which the Winner has been notified or begin manufacturing the Prize within 7 days of the Winner being notified.
10.2 You must ensure that you dispatch Prizes to the correct address provided by the Winner. It is your responsibility to ensure that the address that you use exactly matches that provided by the Winner. If items dispatched do not reach the Winner due to an incorrect address provided by them, it is the Winner’s responsibility and not yours.
10.3 All delivery charges must be included in the value of the Competition.
10.4 You are responsible for delivering items to Winners. You may deliver items personally, arrange with the Winner for the collection, or use a postal or delivery service of your choice. If delivered personally you agree to take a photo of the exchange which can be used in our future marketing.
10.5 It is strongly recommended that you obtain proof of postage or dispatch when dispatching items, and all items must be sent through tracked and signed for delivery methods. Such proof will be important in the event that a Winner does not receive the item(s) from you.
10.6 Once an item has been dispatched to a Winner, you must inform us. You must not describe a Prize as dispatched until it actually has been. On the day of dispatch, you agree to photograph the Prize with a time stamp prior to packaging. Such proof will be important in the event that a Winner complains the Prize is not as described.
10.7 You must comply with any and all applicable shipping and customs regulations when delivering items to Winners. It is your responsibility to check, be aware of, understand, and comply with all such regulations.
11. Problems with Prizes
11.1 To ensure only high standards are met on our site. The Prize when delivered must be as described in accordance with any pre-contract information that has been provided by the Prize Provider.
11.2 If items do not conform with the requirements outlined in sub-Clause 11.1 and, for example, have faults or are damaged when the Winner receives them or are not delivered within a time that we deem as reasonable. The Winner must contact us within 24 hours to notify us of the issue. If after seeing proof we agree that the Prize does not conform and is not as described you must respond within 48 hours to the claim, our decision is final and the following remedies will be available to the Winner:
11.2.1 Cash value to repair goods to the same standard it was advertised as, or compensation for prolonged delivery times which will be deducted from any monies owed to you
11.2.2 Cash Prize if the damage is beyond repair which will be deducted from any monies owed to you
11.3 Please note that Winners will not be eligible to claim under this Clause 11 in the following circumstances:
11.3.1 you are honest in the description of any fault(s), damage, or other problems with the item(s) before the Winner receives the Prize and it is because of that/those same issue(s) that the Winner subsequently isn’t happy;
11.4 Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
12. Further Transaction Cancellation Rights
12.1 We have the right to cancel a competition, not release any fees and issue the alternative 55% cash prize to the winner in the following circumstances:
12.1.1 If the listed item is no longer available
12.1.2 does not conform to description
12.1.3 any of our terms have been breached by you
13. Our Liability to You
13.1 Subject to Clause 13, to the fullest extent permissible by law, we will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
13.2 Nothing in these Terms for Prize Providers seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
13.3 Nothing in these Terms for Prize Providers seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
14. Events Outside of our Control (Force Majeure)
14.1 We will not be liable for any failure or delay in performing our obligations to you where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond our reasonable control.
14.2 If any event described under this Clause 14 occurs that is likely to adversely affect our performance of any of our obligations to you:
14.2.1 we will inform you as soon as is reasonably possible;
14.2.2 our obligations under these Terms for Prize Providers will be suspended and any time limits that we may be bound by will be extended accordingly;
14.2.3 we will inform you when the event outside of our control is over and provide details of any new dates, times, or availability of services as necessary;
15. Data Protection
15.1 All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
15.3 As a Prize Provider you will also collect, hold, and process Winners’ personal information in the course of transactions (for example, winners’ names, email addresses, and postal addresses). Prize Providers are, therefore, also considered data controllers under the GDPR and you will be responsible for complying with your legal obligations and protecting Winners’ rights under the GDPR. You must only use the personal data of other Users (whether they are Winners, Entrants or Prize Providers) to the extent necessary to complete a transaction and/or to communicate about a specific transaction. You may not add any User to a mailing list, use their data for marketing, or retain any payment details. You may only use another User’s personal data for additional purposes with their consent.
16. Other Important Terms
16.1 If any of the provisions of these Terms for Prize Providers are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms for Prize Providers. The remainder of these Terms for Prize Providers shall be valid and enforceable.
16.2 No failure or delay by us in exercising any of our rights under these Terms for Prize Providers means that we have waived that right, and no waiver by us of a breach of any provision of these Terms for Prize Providers means that we will waive any subsequent breach of the same or any other provision.
16.3 we may revise these Terms for Prize Providers from time to time in response to changes in relevant laws and other regulatory requirements. If any changes to these Terms for Prize Providers are to your material disadvantage, you may cancel.
17. Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
17.2 If you have any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.