Legal

Terms and Conditions

Last updated: [Insert date]

Prepared for: Daniel Lyons trading as TopDraw. Website: topdrawcompetitions.co.uk. Email: hello@topdrawprizes.co.uk.

Promoter address: [Placeholder address to be replaced before launch].

1. The Promoter

1.1The promoter of the competitions is Daniel Lyons trading as TopDraw, of [insert full postal address] (“Promoter”, “we”, “us” and “our”).

1.2TopDraw is a trading name used by the Promoter. TopDraw is not currently operated by a registered limited company.

1.3The Promoter operates prize draw competitions through the website topdrawcompetitions.co.uk and any related official TopDraw digital channels used to promote, administer, record or publish competitions (“Platform”).

1.4The Promoter can be contacted by email at hello@topdrawprizes.co.uk.

1.5These Terms and Conditions apply to all competitions operated by the Promoter on the Platform, unless a specific competition page states additional terms. If there is a conflict between these Terms and Conditions and a specific competition page, the specific competition page will apply only to that competition.

2. About TopDraw Competitions

2.1TopDraw operates prize draw competitions in which entrants can purchase paid entries or use a free postal entry route.

2.2Each competition will have its own competition page showing the key details, which may include:

(a)the prize or prizes available;

(b)any cash alternative, where applicable;

(c)the entry price;

(d)the maximum number of entries available;

(e)any maximum entry limit per person;

(f)the opening date and closing date;

(g)the draw date or expected draw date;

(h)whether the prize is guaranteed or subject to a minimum sales condition;

(i)whether instant win prizes are available;

(j)any specific delivery, collection, verification or prize conditions.

2.3TopDraw competitions are intended to operate as prize draws with a genuine free postal entry route. Paid entries and valid free postal entries have the same chance of winning per entry.

2.4TopDraw is not a lottery, raffle, betting product, casino, gambling site or subscription service. We do not currently offer subscriptions or referral rewards.

2.5TopDraw may offer instant win prizes in future competitions. Where instant win prizes are available, the competition page will state this clearly.

2.6TopDraw may operate a customer wallet. Wallet credit is not cash, is not a bank account, does not earn interest, and may only be used on the Platform unless we expressly state otherwise.

3. Eligibility

3.1Competitions are open to UK residents aged 18 or over only.

3.2By entering a competition, you confirm that:

(a)you are at least 18 years old;

(b)you are resident in the United Kingdom;

(c)you have the legal capacity to enter;

(d)you have read and accepted these Terms and Conditions;

(e)the information you provide is accurate, complete and up to date;

(f)you are entering for yourself and not on behalf of another person.

3.3Employees, contractors, agents or close family members of the Promoter, or anyone professionally connected with a competition, may not enter that competition unless we expressly permit this in writing.

3.4We may refuse or cancel an entry, suspend an account, withhold a prize, or disqualify an entrant where we reasonably believe that:

(a)the entrant is under 18;

(b)the entrant is not resident in the United Kingdom;

(c)the entrant has provided false, incomplete or misleading information;

(d)the entrant has created multiple accounts to bypass entry limits;

(e)the entrant has attempted to manipulate or abuse the Platform;

(f)the entrant has breached these Terms and Conditions;

(g)the entrant has acted fraudulently, abusively, unlawfully or contrary to the spirit of the competition.

4. Creating an Account

4.1To enter a competition online, you may be required to create an account on the Platform.

4.2You must keep your account details secure and must not allow any other person to use your account.

4.3You are responsible for ensuring that your account information, including your name, email address, phone number and postal address, is accurate and up to date.

4.4We are not responsible if you miss winner notifications or prize communications because your details are inaccurate, outdated or incomplete.

4.5We may suspend or close an account where we reasonably believe it is being misused, used by a person under 18, used by multiple people, used for fraudulent activity, or used in breach of these Terms and Conditions.

5. How to Enter

5.1There are two entry routes:

(a)paid online entry through the Platform; and

(b)free postal entry.

5.2Both paid online entries and valid free postal entries have the same chance of winning per entry.

5.3Entries are referred to on the Platform as “entries”, “tickets”, “ticket numbers” or similar wording. Each valid entry will be allocated one ticket number unless the competition page states otherwise.

5.4The maximum number of entries per person for each competition will be stated on the relevant competition page. Unless stated otherwise, the same maximum entry limit applies to both paid online entries and free postal entries.

5.5We do not recommend using unlimited paid entries. Each competition should state a clear maximum number of entries per person. This helps keep the competition fair, clear and transparent.

5.6Entries must be received before the competition closes. Entries received after the closing date or after all available tickets have been allocated will not be entered.

5.7No entry is confirmed until it has been accepted and recorded by the Promoter.

6.1To enter online, you must select the competition you wish to enter, choose the number of entries you want, complete any required checkout process, and make payment through the available payment method.

6.2Payments are currently expected to be processed through Stripe or another payment provider selected by the Promoter.

6.3Once payment has been authorised and the entry has been accepted by the Platform, ticket numbers will be allocated randomly.

6.4The entry price will be stated on the competition page and at checkout.

6.5You are responsible for checking your order before completing payment.

6.6Paid entries are final once confirmed, except where a refund is required under these Terms and Conditions or applicable law.

7. Free Postal Entry Route

7.1Every paid competition will have a free postal entry route.

7.2To enter for free by post, send a postcard or letter to:

TopDraw Free Entry
[Insert postal address]

7.3Each free postal entry must include:

(a)the name of the competition you wish to enter;

(b)your full name;

(c)your date of birth;

(d)your email address;

(e)your contact telephone number;

(f)your full postal address;

(g)a statement confirming that you are a UK resident aged 18 or over and that you agree to these Terms and Conditions.

7.4Each postal entry must be sent separately. Bulk entries in the same envelope will not be accepted.

7.5Postal entries must be sent by ordinary post. Hand-delivered entries will not be accepted.

7.6Postal entries must be received before the competition closes. We are not responsible for postal delays, lost post, damaged post, incomplete entries or entries received after the closing date.

7.7Valid postal entries will be processed and allocated ticket numbers randomly in the same way as paid online entries.

7.8The same maximum entry limit stated on the competition page applies to postal entries. For example, if a competition allows a maximum of 25 entries per person, you may enter up to 25 times by paid entry, postal entry, or a combination of both.

7.9A postal entry will be rejected if it is incomplete, illegible, sent in bulk, received late, does not identify the competition, does not include the required details, or appears to be fraudulent or automated.

7.10No purchase is required to enter by post. You are responsible only for the normal cost of sending your postal entry.

8. Ticket Allocation

8.1Ticket numbers are allocated randomly by the Platform or by the Promoter’s competition administration system.

8.2Ticket numbers have no cash value and cannot be transferred, sold or exchanged.

8.3Where a technical issue affects ticket allocation, we may correct the allocation, void affected entries, reallocate ticket numbers, refund affected paid entries, or take another reasonable step to protect the fairness of the competition.

8.4The official record of entries is the record held by the Promoter in the Platform or administration system.

9. Competition Closing

9.1Each competition will close on the earlier of:

(a)the closing date and time shown on the competition page; or

(b)the point at which all available ticket numbers have been allocated.

9.2We may extend a competition where the competition page states that extensions are possible, provided the extension is communicated clearly on the Platform.

9.3We will not shorten a competition after it has launched unless required for technical, legal, fraud-prevention, payment-provider, platform-integrity, safety or operational reasons.

9.4Where a competition is extended, all valid entries already received will remain valid.

10. Unsold Tickets, Minimum Sales and Alternative Prize Rules

10.1Some competitions may be guaranteed prize competitions. If a competition is described as guaranteed, the advertised prize will be awarded regardless of the number of tickets sold, unless the competition is cancelled under these Terms and Conditions.

10.2Some competitions may be subject to a minimum sales condition. If this applies, the competition page must state this clearly before entry.

10.3Where a competition is subject to a minimum sales condition and the minimum is not reached, we may do one or more of the following, provided this was stated clearly on the competition page:

(a)extend the competition;

(b)award the cash alternative stated on the competition page;

(c)award a prize value equal to a stated percentage of paid ticket revenue;

(d)cancel the competition and refund paid entries.

10.4If a “percentage of ticket sales” prize applies, the competition page must state the percentage clearly before entry. For example: “If the minimum sales threshold is not reached, the winner will receive 50% of paid ticket revenue instead of the advertised prize.”

10.5We recommend using this rule carefully. If a competition advertises a specific headline prize, switching to 50% of paid ticket revenue can cause complaints unless it is made very clear on the competition page and in promotional material.

10.6The Promoter must not describe a prize as guaranteed if it is subject to a minimum sales condition, replacement prize, percentage-of-sales rule or cancellation condition.

11. Draw Process

11.1Winners will be selected fairly and at random from all valid entries.

11.2Draws may be conducted by:

(a)an automated random draw system;

(b)a manual recorded draw process; or

(c)another verifiable random selection method.

11.3The draw method may vary by competition and will be selected by the Promoter.

11.4Draws may be recorded, live-streamed, posted or summarised on the Platform and/or TopDraw’s official social media channels, including the website, Instagram and Facebook.

11.5The Promoter’s official entry records will determine which entries are included in a draw.

11.6If there is a technical issue, data issue, platform error, human error or suspected manipulation affecting the draw, we may pause the draw, investigate, correct the issue, re-run the draw, or take another reasonable step to protect the fairness of the competition.

12. Winner Notification

12.1Winners will normally be contacted within 24 hours of the draw using the contact details provided on their account or entry.

12.2Winners may be contacted by email, telephone, account notification or another reasonable method.

12.3It is your responsibility to ensure your contact details are accurate and up to date.

12.4A winner must respond and complete any required verification within 21 days of our first notification.

12.5If a winner does not respond within 21 days, fails verification, is disqualified, refuses the prize, or cannot accept the prize for any reason, we may withdraw the prize and select another winner from the valid entries.

13. Winner Verification

13.1Before awarding a prize, we may require the winner to provide proof of:

(a)identity;

(b)age;

(c)address;

(d)UK residency;

(e)ownership of the payment method or account used;

(f)ownership of the bank account used for any cash prize or cash alternative;

(g)any other information reasonably required for fraud prevention, legal compliance, payment-provider requirements or prize fulfilment.

13.2We may withhold a prize until verification is complete.

13.3If a winner fails to provide satisfactory verification, we may disqualify the winner and select another winner.

13.4Cash prizes and cash alternatives will only be paid to a verified bank account in the winner’s own name. We will not pay prize money to a third party.

14. Prizes

14.1The prize or prizes for each competition will be described on the relevant competition page.

14.2Prizes may include physical goods, cash, gift cards, vouchers, services, experiences or a combination of these.

14.3Images used on the Platform are for illustration and marketing purposes. The actual prize may vary slightly where the difference does not materially reduce the value or nature of the prize.

14.4Where a prize is supplied by a third party, it may be subject to the supplier’s own terms, availability, warranties and restrictions.

14.5Prizes are non-transferable unless we agree otherwise in writing.

14.6We may substitute a prize with a reasonable equivalent where the original prize becomes unavailable for reasons outside our reasonable control.

14.7We are not responsible for the prize once it has been delivered to, collected by, or transferred to the winner, except where required by law.

15. Cash Alternatives

15.1Cash alternatives may be offered on some physical prizes.

15.2A cash alternative will only be available where it is stated on the competition page or offered by the Promoter after the draw.

15.3Cash prizes do not have a separate cash alternative.

15.4Where a winner chooses a cash alternative, the winner will receive the cash alternative amount stated on the competition page or confirmed by the Promoter.

15.5Once a winner has accepted a cash alternative, they cannot later request the physical prize.

15.6Cash alternatives will only be paid after verification is complete.

16. Prize Delivery

16.1UK delivery is included unless the competition page states otherwise.

16.2We will aim to arrange prize delivery within a reasonable time after the winner has completed verification and accepted the prize.

16.3Some prizes may require additional time due to supplier availability, delivery logistics, customisation, product release dates, bank processing times, or verification requirements.

16.4Winners must cooperate with reasonable delivery arrangements.

16.5If a winner fails to cooperate with delivery, refuses delivery, provides an incorrect address, or fails to collect a prize where required, we may store the prize for a reasonable period and may charge reasonable storage or re-delivery costs.

17. Instant Win Prizes

17.1TopDraw may offer instant win prizes in future competitions.

17.2Where instant win prizes are available, the competition page will state this clearly.

17.3Instant win prize mechanics may vary by competition and will be explained on the competition page.

17.4Unless stated otherwise, a valid paid or postal entry will have the same chance per entry of winning any available instant win prize.

17.5If an instant win result is affected by technical error, display error, system malfunction, data issue, payment issue or suspected manipulation, we may void the affected result, correct the error, refund the affected paid entry, award a reasonable equivalent, or take another reasonable step to preserve fairness.

17.6Instant win animations, graphics or on-screen effects are for entertainment and presentation only. The official result is the result recorded in the Promoter’s system.

18. Wallet Credit

18.1TopDraw may provide a wallet or credit balance feature on the Platform.

18.2Wallet credit may be issued through deposits, refunds, goodwill credits, promotional credits, prize credits or other account adjustments.

18.3Wallet credit is not cash, is not a bank account, does not earn interest, and cannot be transferred to another user.

18.4Wallet credit can only be used on the Platform unless we expressly state otherwise.

18.5Promotional wallet credit may expire or be subject to specific conditions. Any such conditions will be stated when the credit is issued.

18.6We may reverse wallet credit that has been added in error, obtained fraudulently, generated through a chargeback, or issued in breach of these Terms and Conditions.

18.7We may restrict withdrawals or use of wallet credit where we need to complete identity checks, fraud checks, payment checks, responsible play checks, or legal compliance checks.

19. Refunds and Cancellations

19.1Paid entries are final once confirmed and are generally non-refundable.

19.2Refunds may be issued where:

(a)a competition is cancelled;

(b)a duplicate payment has been taken in error;

(c)a technical issue has prevented valid entry;

(d)we are required to refund by law;

(e)we choose to refund at our discretion.

19.3If a competition is cancelled, we may refund paid entries to the original payment method or issue wallet credit, unless the law requires a particular refund method.

19.4We are not responsible for bank processing times, payment-provider delays or card issuer delays.

19.5If you believe a payment has been taken incorrectly, you should contact us at hello@topdrawprizes.co.uk before raising a chargeback.

20. Chargebacks and Failed Payments

20.1If you raise a chargeback or payment dispute, we may suspend your account while the matter is investigated.

20.2If a chargeback relates to entries in a competition, those entries may be cancelled unless the payment dispute is resolved in your favour.

20.3If you win a prize using entries connected to a failed payment, reversed payment, unauthorised payment or chargeback, we may withhold or withdraw the prize.

20.4We may recover reasonable costs, losses and payment-provider charges caused by an unjustified chargeback, where permitted by law.

21. Responsible Entry

21.1TopDraw competitions are intended to be fun and affordable.

21.2You should only spend what you can afford and should not enter competitions as a way to solve financial problems.

21.3We may refuse entries, restrict accounts, apply entry limits, suspend accounts or close accounts where we believe entry behaviour is harmful, excessive, fraudulent, irresponsible or otherwise inappropriate.

21.4If you feel you need support, you can contact us at hello@topdrawprizes.co.uk and we can restrict or close your account.

21.5You can also seek support from GamCare at www.gamcare.org.uk.

22. Winner Publicity

22.1By entering, you agree that if you win, we may publish limited winner information, including your first name, surname initial, town or county, prize won and competition entered.

22.2We may ask winners to take part in photos, videos, interviews, social media content or other promotional activity.

22.3Winners are not required to provide photos or videos unless they choose to do so.

22.4If you object to your winner information being published, you should contact us. We will consider the request, but we may still need to publish or retain certain information where required to demonstrate that the competition was run fairly.

23. Data Protection

23.1We will process personal data in accordance with our Privacy Policy.

23.2We may use your personal data to:

(a)create and manage your account;

(b)process entries and payments;

(c)allocate tickets;

(d)administer competitions;

(e)contact winners;

(f)verify age, identity, address and eligibility;

(g)deliver prizes;

(h)prevent fraud, abuse, underage entry and unlawful activity;

(i)comply with legal, tax, accounting, payment-provider and regulatory obligations;

(j)send marketing communications where you have consented or where we are otherwise permitted by law.

23.3We may share personal data with payment providers, delivery companies, suppliers, verification providers, professional advisers, technology providers, fraud-prevention services, regulators or authorities where reasonably necessary.

23.4More details are set out in our Privacy Policy.

24. Platform Availability and Technical Issues

24.1We will use reasonable care to keep the Platform available and functioning properly, but we do not guarantee that it will always be available, uninterrupted, error-free or compatible with every device or browser.

24.2We are not responsible for:

(a)internet failures;

(b)device issues;

(c)payment-provider outages;

(d)social media platform outages;

(e)email delivery failures;

(f)postal delays;

(g)third-party supplier issues;

(h)unauthorised account access caused by your failure to keep your details secure;

(i)technical issues outside our reasonable control.

24.3If a technical error affects entries, ticket allocation, instant win results, draw results or prize fulfilment, we may take reasonable steps to correct the issue and preserve fairness.

25. Fraud, Abuse and Disqualification

25.1We may disqualify an entrant, withhold a prize, cancel entries, restrict an account, close an account or refuse future entry where we reasonably believe that the entrant has:

(a)breached these Terms and Conditions;

(b)provided false or misleading information;

(c)entered while under 18;

(d)entered from outside the United Kingdom;

(e)created or used multiple accounts;

(f)used automated systems, bots, scripts or abuse methods;

(g)attempted to manipulate the Platform, ticket allocation, instant win mechanics or draw process;

(h)used unauthorised, stolen or fraudulent payment methods;

(i)acted abusively towards TopDraw, other entrants or winners;

(j)made defamatory, threatening, discriminatory or harmful comments about TopDraw, its entrants or winners;

(k)otherwise acted unlawfully or contrary to the spirit of the competition.

26. Limitation of Liability

26.1Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability that cannot legally be excluded.

26.2Subject to clause 26.1, the Promoter will not be liable for indirect, consequential, special or economic losses arising out of or in connection with a competition, the Platform or a prize.

26.3Subject to clause 26.1, the Promoter’s maximum liability to a winner is limited to the value of the prize won.

26.4Subject to clause 26.1, the Promoter’s maximum liability to a non-winning entrant is limited to the amount paid by that entrant to enter the relevant competition.

26.5Nothing in these Terms and Conditions affects your statutory rights.

27. Changes to Competitions and Terms

27.1We may update these Terms and Conditions from time to time.

27.2The version in force at the time you enter a competition will apply to that entry, unless a change is required by law, payment-provider rules, platform security, fraud prevention or another urgent operational reason.

27.3We may update, suspend or withdraw any feature of the Platform, including wallet features, account features, instant win mechanics or promotional features.

28. Third-Party Platforms

28.1Competitions may be promoted on Instagram, Facebook, TikTok, YouTube or other social media platforms.

28.2Unless stated otherwise, competitions are not sponsored, endorsed, administered by or associated with Instagram, Facebook, TikTok, YouTube, Apple, Google or any other third-party platform.

28.3You agree to release those third-party platforms from any liability connected with TopDraw competitions, to the extent permitted by law.

29. Governing Law

29.1These Terms and Conditions are governed by the laws of England and Wales.

29.2The courts of England and Wales will have exclusive jurisdiction, except where consumer law gives you the right to bring proceedings elsewhere in the United Kingdom.

30. Contact

For questions about these Terms and Conditions, please contact:

Daniel Lyons trading as TopDraw
Email: hello@topdrawprizes.co.uk
Website: topdrawcompetitions.co.uk
Postal address: [insert full postal address]