PRIZESHARK LIMITED REWARD SITE TERMS AND CONDITIONS OF USE
1. Prizeshark reward site
1.1 This website is operated by Prizeshark Ltd (registered number 1438722) whose registered office is at No.4 Downlands, Harrietsham, Maidstone, Kent, ME17 1LE, United Kingdom (“Prizeshark Ltd”, “Prizeshark”, “we” or “us”).
2. Materials on the Website
2.1 All rights including those in copyright in the content of the website are owned by, licensed to or controlled for these purposes by Prizeshark (“the Content”). The Content includes, but is not limited to, the website’s design, layout, look, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright and trade mark laws. Accordingly, the Content may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own private non-commercial use or for the furtherance of doing business with Prizeshark. Any other use requires written permission from Prizeshark.
2.2 The re-distribution, re-publication, or otherwise making available of the material on this website to third parties without the prior consent of Prizeshark is prohibited.
2.3 Without limiting the foregoing, no part of the website may be distributed or copied for any commercial purpose, reproduced, transmitted or stored in any other website or other form of electronic retrieval system without prior permission from Prizeshark.
2.4 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
3. Website Information
3.1 The information in this website is given in good faith and is subject to change without notice. Prizeshark is not responsible for any inaccuracies and makes no representation and gives no warranty as to its accuracy.
3.2 The information in this website should not be relied on and does not constitute any form of advice or recommendation. By using this website, you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to on the website are entirely at your sole risk and responsibility.
4. Linking
4.1 The website may contain links to other websites. Any Content downloaded or otherwise obtained from the website is obtained at your own risk. Prizeshark accepts no responsibility or liability for the content of other websites which are not under the strict control of Prizeshark. Any link is not intended to be, nor should it be construed as an endorsement of any kind by Prizeshark of that other website.
4.2 You may not create a link to this website from another website or document without Prizeshark’s prior written consent.
5. Liability
5.1 Except to the extent expressly provided in Prizeshark’s sales terms and conditions, if applicable, Prizeshark makes no warranty, express or implied, or representation whatsoever regarding the website or the Content or any advertising, services or products provided through or in connection with the website.
5.2 Prizeshark does not guarantee that use of this website will be compatible with all hardware and software which may be used by visitors to the site.
5.3 Prizeshark will be under no liability to you whatsoever whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of this website or the use, accessing, downloading or relying on any information or other materials contained in this website, including, without limitation, as a result of any computer virus or any malicious computer code.
5.4 These terms and conditions do not exclude Prizeshark’s liability (if any) to you for personal injury or death resulting from Prizeshark’s negligence, for fraud or for any matter which it would be illegal for Prizeshark to exclude or to attempt to exclude its liability.
6. Viruses
6.1 Prizeshark does not warrant that the website or access to it will be error-free or that the website or the servers that make it available will be free of viruses or bugs or other malicious code.
7. User Conduct - Security
7.1 You agree not to:
7.1.1 disrupt or interfere with the security of, or otherwise abuse, the website, or any services, system resources, accounts, servers or networks connected to or accessible through the website or affiliated or linked websites;
7.1.2 disrupt or interfere with any other user’s enjoyment of the website or affiliated or linked websites; and
7.1.3 transmit through website spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailing.
7.1.4 You agree that you will not upload or attempt to upload, post or otherwise transmit on the website any Content of any sort including without limitation any defamatory, obscene or unlawful content or content which would otherwise infringe any third party rights or be likely to cause offence.
7.2 You agree to indemnify and hold harmless Prizeshark for any breach by you of these obligations as set out under this Clause.
8. General Provisions
8.1 If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any jurisdiction in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable it shall be severed and deleted from these Terms and Conditions and the resultant Terms and Conditions shall remain in full force and effect.
9. Jurisdiction and acceptance of these terms and conditions
9.1 This website is controlled and operated by Prizeshark from its offices in England. The formation, existence, construction, performance, validity in all aspects whatsoever of these terms and conditions or of any term of these terms and conditions or any dispute in relation to the materials contained in this website shall be governed by English law. The English courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website. Your continued use of this website indicates your acceptance of these terms and conditions.
10. Claiming a Reward
10.1 Upon redeeming your reward, you may be given an option to choose from a selection of physical prizes
10.2 After your redemption has been approved, your redemption selection cannot be changed at a later date.
10.3 No monetary equivalents are offered under the Points based scheme.
10.4 The rewards for this Points based scheme must be redeemed before the points based scheme is terminated.
10.5 All rewards must be redeemed through the Website.
10.6 Rewards can only be redeemed by you when you have achieved the reward point level and cannot be transferred to other parties.
10.7 You should be aware that the full redemption process can take up to 28 working days.
11. REWARD PROCESSING
11.1 The following terms and conditions apply to all transactions with Prizeshark Ltd. The placement of an order for goods & services indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference. We will treat each order for goods/services as an offer by you to purchase subject to these terms and conditions.
11.2 Delivery dates are not guaranteed and time is not of the essence in relation to such dates. They are also subject to any matter beyond our reasonable control. We will use our reasonable endeavours to ensure delivery on the dates agreed.
11.3 We will endeavour to deliver goods within the times stated but goods are subject to availability and delay in delivery of goods is sometimes outside of our control. Any dates specified for the delivery of the goods are approximate only and we shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay for delivery of the goods. If our suppliers or we are temporarily out of stock, we will notify you of this position and decide on a suitable next step.
11.4 Signature - On receipt of goods by courier, recipients are required to sign for the goods. Please note that when they sign, they are signing for the parcel - received in good condition. If they are unable to check the contents of the package at that moment in time, it should be signed for as "UNCHECKED". Failure to do so may affect any claims that they make thereafter. It is their responsibility to sign for the correct number of packages as shown on the carrier's delivery consignment note. Failure to do so may affect any claims that they make thereafter.
11.5 Time Limitation for Notification of Claims, Any shortages must be noted on the consignment note and it will be the recipients responsibility to notify us within 24 hours from delivery. It is also their responsibility to notify us of any incorrect goods supplied within 24 hours from delivery. We will not accept liability for goods lost in transit unless we are notified within 24 hours from the expected delivery date. If goods arrive in a visibly damaged condition, the recipient must refuse the consignment and make a note on the carrier's delivery consignment note. Once in receipt of goods and they notice damage to the products, it will be the winner’s responsibility to inform us within 24 hours from delivery. Failure to do so may affect any claims that they make thereafter.
11.6 Risk - After any goods have been delivered, all responsibility passes to the recipient. From the time of receipted delivery of the goods, any loss or damage to the goods shall be at the recipients own risk. Any transit damage to the goods, shortages or incorrect goods supplied must be noted on the delivery consignment note at the time of delivery.
11.7 Holidays & experiences - Unless stated, we will allow participants a reasonable level of time to decide on their preferences for any holiday/experience they have redeemed, and will allow them to travel at any time within 12 months of redemption. There may be excluded dates over holiday periods such as bank holidays, Easter & Christmas, we will notify at the time any of these dates. Prizeshark Ltd reserves the right to amend any or all aspects of the holiday or experience if it becomes unavailable during the time selected.
11.8 Typographical Errors - In the event a product is listed at an incorrect price due to typographical error or error in pricing information from our suppliers, taxes or duty changes, we shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed.
11.9 Availability of Goods - All products and services are subject to availability and may be withdrawn at any time. We will not be responsible for compensating any losses if we have to supply alternate goods/services
11.10 Property and Risk - Risk in the Products shall pass to the recipient at the time of delivery. Delivery shall be deemed to occur at the time when the products arrive at the place of delivery.
From the time of receipted delivery of the Products, any loss or damage to the Products shall be at the recipients own risk.
11.11 Guarantee - All Products are supplied with the manufacturers guarantee unless otherwise stated. We guarantee that the Products will be free from defects in materials and/or workmanship for a period of 12 months (or longer if so required by law) from the date of delivery unless otherwise stated.
11.12 The guarantee in this clause above is given by us, subject to the following conditions:
• We shall be under no liability in respect of any faults or defects caused by wilful damage, abnormal working conditions, failure to follow our instructions, misuse, alteration or repair of Products without our approval, improper maintenance or negligence on your part or a third party. In addition routine maintenance (cleaning of dirty audio/video heads etc.), consumables (styli, plug fuses, cables, batteries, etc.), cosmetic damage and tuning of channels are not covered.
11.13 Repairs and Replacements - Where any defect in the Products is apparent upon inspection, we must be informed within 7 days of delivery. The recipient can then, either, return the defective product to us directly or we will organise a collection from their office / home at our own cost. Upon receipt of the Products and confirmation of the defect by technical engineers, the participant will be offered the following options:
- subject to availability, a replacement delivered to you free of charge; or
- an option to select an alternative product at the same value, providing the product has been verified defective and is complete with all accessories in its original box and packaging. If the Product is not deemed to be defective by our technicians then the participant will be offered the following options: -
- the return of the Product to the recipient. We may charge for the return and resend delivery; or
- an option to select an alternative product of the same value less any applicable delivery charges provided that the Product is "as new" and complete with all accessories in its original box and packaging
11.14 Liability - We shall have no liability for any matters which are outside our control. We shall have no liability to you for defective Products, Products not dispatched or Products damaged or lost in transit unless the event is notified to us within the appropriate time limit set out in this Contract. We shall have no liability for damage, loss, claims, costs or expenses caused or contributed to by your continued use of defective products after a defect has become apparent or suspected or should reasonably have become apparent to you.
We shall have no liability for any:
• - consequential losses;
• - loss of profits and/or damage to goodwill;
• - economic and/or similar losses;
• - special damages and indirect losses; and/or
• - business interruption, loss of business, contracts, opportunity and/or production.
If the previous clause applies, our total liability to You shall not exceed the Contract price.
NOTHING IN THIS CONTRACT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY DUE TO OUR NEGLIGENCE OR ANY LIABILITY WHICH IS DUE TO OUR FRAUD OR ANY OTHER LIABILITY WHICH IT IS NOT PERMITTED TO EXCLUDE AS A MATTER OF LAW.
12. PROTECTING YOUR DATA AND HOW YOUR DATA IS USED.
This section provides the information of which we are obliged to make you aware, under the Data Protection Act 2018, the UK GDPR (which shall have the meaning given to it in section 3(10) and supplemented by section 205(4) of the Data Protection Act 2018) (“DPA”), as updated from time to time. We and Prizeshark confirm that at all times, we will process any personal data (being data relating to a living individual) provided by you to us/Prizeshark, in accordance with the DPA.
12.1. As explained above, we are the data controller of all personal data we hold about you, which we supply to Prizeshark in relation to the Promotion. We have appointed Prizeshark to operate the Points based scheme on our behalf, and they will need to process your data (including any personal data you supply) in order to operate the Points based scheme. Accordingly, they are our data processor. Prizeshark will also carry out work to ensure the information they hold about you is complete, accurate and up to date. Prizeshark or their representatives may contact you for these purposes. The terms “controller” and “processor” are both defined terms, and have specific meanings under the DPA. In order to participate in the Promotion, you need to consent to us and Prizeshark processing your data (including personal data) in order to operate the Promotion. By agreeing to these Terms, you will be deemed to have consented to such processing. You can object to such processing at any time by contacting us/Prizeshark. However, you must understand that if you do not allow Prizeshark to process your data, you will not be able to participate in the Points based scheme. If you need us to clarify in any more detail how your data is processed, you can contact us at any time.
12.2. In order to provide the Points based scheme to you, we and Prizeshark will collect and process the following data from you:
12.2.1. Information about you that you give us by filling in the claim form on the Website or by corresponding with us and/or Prizeshark by phone, e-mail or otherwise.
12.2.2. There may be occasions where We ask Prizeshark to contact you to ensure the data we hold about you is correct and/or to determine any information which we need to operate the Points based scheme, which is missing from our records. Prizeshark will provide that information to us, and they will also keep a copy of such data for the purposes of operating the Points based scheme. Prizeshark may need to use authorised agents throughout the duration of the Points based scheme and will ensure that any data provided to their authorised agents is the minimum required to enable them to fulfil their obligations to Prizeshark in operating the Points based scheme. All authorised agents will be subject to Prizeshark Privacy Policy. If you would like information about the authorised agents Prizeshark use for these purposes, please contact Prizeshark.
12.3. How will we and Prizeshark use your data: We and Prizeshark will use your data for the following purposes only:
12.3.1. To enable you to participate in the Points based scheme;
12.3.2. To manage your membership of the Points based scheme.
This will include:
• Contacting you to send you any updates about your registrations. Such updates may be sent by us or Prizeshark.
• Us and/or Prizeshark contacting you to tell you about prizes and incentives which could be available to you. You must agree to receive such updates in order to participate in the Promotion. If you do not wish to receive updates, you will not be able to participate in the Promotion.
• We and/or Prizeshark may use your data to send marketing messages, information and promotions to you. On these occasions, we may use authorised agents to enable Us and/or Prizeshark to make this direct communication. These messages may be issued in various formats, including (but not be limited to) letters, emails and/or text messages. You may contact us/Prizeshark at any time to opt out of receiving such marketing messages and information.
12.3.3 To inform you of future promotions, product information, training opportunities and other marketing messages. You can opt out of receiving this information at any time by contacting us/Prizeshark or pressing the unsubscribe button on any of our communications.
12.4 You can obtain further information about how we and Prizeshark process personal data by reading our privacy policy Privacy Policy (alpha-innovation.co.uk) and Prizeshark’s privacy policy Prizeshark Privacy Policy.
12.5 In relation to any personal data that we and/or Prizeshark, on our behalf, process we and Prizeshark will:
12.5.1 not retain any personal information you provide to us for longer than is necessary to provide the Point based scheme;
12.5.2 ensure we and Prizeshark, taking into account the costs of implementation and the nature, and purpose of the data processing, implement appropriate technical and organizational measures to protect your personal data.
End of Terms & Conditions