Thank you for your interest in the Bristol & Weston Hospitals Charity Lottery (“the Lottery”).  These terms and conditions (“Terms”) set out the important information and rules relating to all Users.

Please ensure that you read these Terms carefully. By entering the Lottery you agree to be legally bound by these Terms. If you do not wish to be bound by these Terms then you must not enter the Lottery.

This Lottery is promoted and operated by Bristol & Weston Hospitals Charity (UK Registered Charity Number 1170973) (“the Society”). Registered office: Whitefriars, Lewins Mead, Bristol, BS1 2NT. The Bristol and Weston Hospitals Charity is licensed by the Gambling Commission to promote and operate the Lottery in accordance with the provisions of the Gambling Act 2005 with Gambling Commission account number: 59772. Responsible persons: Katie Walker, Director of Fundraising & Marketing and Sue Perrott, Director of Finance & Operations.

The Bristol & Weston Hospitals Charity lottery is operated by The Fundraising Foundry Ltd, an External Lottery Manager (ELM) licensed by the Gambling Commission, account number 57455. The Fundraising Foundry is a company registered in England and Wales with company number 12391987 and whose registered address is 157 Bedford Road, Letchworth Garden City, UK, SG6 4DY.

Your Agreement to the “Terms” is with The Fundraising Foundry. However, the Society (as defined below) shall be entitled to enforce any of these terms and conditions.

 

 1. Definitions

 2. Registration

 3. The Lottery 

 4. The Lottery 

 5. Disclaimers

 6. Limitation of Liability

 7. Intellectual Property Rights

 8. Data Protection

 9. Termination

 10. Protection of Customer Funds

 11. General

 

1. Definitions

In these Terms, the following words have the defined meanings as follows:

‘Agreement’ Has the meaning given in Clause 11.4;

‘End User, you, your’ Means the end user of the Website and/or participator in the Lottery;

‘Society Lottery’ Means the Lottery and website run and managed by The Fundraising Foundry on behalf of the Society;

‘Society’ Means the promotor/owner of the Lottery whose details are given in the introduction to these Terms and Conditions;

‘Lottery’ Means the remote society lottery promoted by the Society;

‘Lottery Rules’ Means the Rules governing the Lottery.

These rules are revised from time to time and can be found on the website.

‘Privacy Policy’ Means the policy which governs the collection and use of your personal data which can be found on the Website and is also available on written request at our registered address;

‘Security Data’ has the meaning given in Clause 10.1;

‘Third Party Content’ Means any material, information, data or other content which is owned or licensed by a third party;

‘Website’ Means the Society Site and any microsite of the website.

‘Intellectual Property Rights’ Means patents, trademarks, service marks, design rights (whether registrable or otherwise), applications for any of the foregoing, copyright, database rights, trade or business names and other similar rights or obligations whether registrable or not in any country (including but not limited to the United Kingdom); means all copyright, patents, trademarks, service marks, design rights, rights in databases, moral rights, and other intellectual property rights in each case whether registered or unregistered and including any applications for the foregoing and all other similar rights anywhere in the world;

2. Registration

2.1  By way of completion of your application to register for the lottery you acknowledge and agree to the minimum requirements. The registration of all applications is subject to verification by us and we reserve the right to reject an application using our reasonable discretion without giving reasons.

3. The Lottery

3.1  If you have any questions or concerns about the Lottery then you should contact us via email at the details above or in writing to the above address.

3.2  We reserve the right to make reasonable changes or corrections, alterations, suspend or discontinue all or any part of the Lottery or any related content about the Lottery. Any modifications or additions to the Lottery shall be subject to these Terms.

3.3  The Services may include Third Party Content which may be subject to separate licenses from the relevant third party. You understand that we do not control or endorse Third Party Content. All such Third Party Content is published by us in good faith but to the extent permitted by applicable law we do not accept responsibility for the accuracy or content of it. We make no representations whatsoever about any other website which you may access through the Website or which may link to the Website and when you access such third party websites you understand and agree that they are independent from the Website and that we have no control over them and that they shall be subject to separate terms and conditions.

4. The Lottery

4.1   The Lottery shall be subject to these Lottery Terms and Conditions, which you accept as part of your application of entry to the Lottery.

4.2  Without prejudice to the generality of Clause 2.1, you acknowledge and agree that we may in our reasonable discretion accept or reject any entry to the Lottery. Where we do not for any reason accept an entry, we shall refund the entry amount we received for the purchase of the ticket(s) relating to the entry. We will not take the entry amount for entry unless your entry has been accepted.

 

5. Disclaimers

5.1  Our warranties in relation to the Website and the Lottery are set out in full in Clause 11.3. We do not make any other promises or warranties about them (other than as must be inferred as a matter of law).

5.2 This Clause 5 shall survive termination of the Agreement.

 

6. Limitation of Liability

6.1 We will accept all liability if something we do involves fraud or personal injury where we have been negligent.

6.2 We shall operate the Website and provide the Lottery with reasonable skill and care.

6.3  We are responsible for losses you suffer as a result of us breaching these Terms only if the losses are a direct and foreseeable consequence of us breaking the Terms. Subject to Clause 11.1, such liability shall be further limited to the amounts which you have paid to us in relation to the Fundraising Events and the Lottery under these Terms in the 12 month period preceding the date of our breach. Losses are foreseeable where they could be contemplated by you and us at the time you register. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us in this way. By way of example, we cannot foresee that any breach by us will cause you (a) loss of income or revenue; (b) loss of business; (c) loss of profits; or (d) loss of anticipated savings.

6.4  You agree to indemnify us from any and all claims and liabilities (including legal fees) which arise from your breach of the Agreement.

6.5 This Clause 6 shall survive termination of the Agreement.

 

7. Intellectual Property Rights

7.1  All Intellectual Property Rights in and to the Website, the materials contained on it and the Lottery (including the trade marks, design, text, graphics and other content, interfaces and the selection and arrangement of the content, software and all other material) belongs to us or our licensors. All rights are reserved.

7.2  We grant you a non-exclusive, royalty-free personal licence (with no right to sub-licence) to access and use the Website for your personal, private and non-commercial use.

7.3  Except to the extent and in the circumstances expressly required to be permitted by us by law, you shall not modify, adapt, translate, copy, reproduce, republish, upload, post, transmit or distribute by any means or in any manner any material or information included on or incorporated in the Website, the materials contained on it or the Lottery including but not limited to text, graphics, video, messages, code and/or software without our prior written consent.

7.4  This Clause 7 shall survive termination of the Agreement.

 

8. Data Protection

8.1  You acknowledge that in order for us to receive your Registration and provide participation in the Lottery to you, we must collect certain personal data from you and process that data.

8.2  Our collection and use of your personal data is governed by our Privacy Policy. Please read (and check amendments to) the privacy policy as it contains important details about how we collect and use your personal data.

8.3  You expressly consent to our use of your personal data in accordance with the Privacy Policy (as may be revised from time to time).

8.4  This Clause 8 shall survive termination of the Agreement.

 

9. Termination

9.1  We may terminate or suspend the Agreement and your participation in the Lottery at any time.

9.2  Upon termination of the Agreement, all rights and obligations of you and us shall cease to have effect immediately except that termination shall not affect the accrued rights and obligations of either of us at the date of termination nor any provisions of these Terms that expressly or impliedly survive termination.

 

10. Protection of customer funds

10.1 The Society holds all customer funds in a separate client account. All remote operators licensed by the Gambling Commission have an obligation to hold separate accounts for proceeds. This is to protect the player in the event of insolvency.

 

11. General

11.1  If any provision of these Terms is deemed to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms shall not be affected.

11.2   If we fail to enforce a right under these Terms, that failure will not prevent us from enforcing other rights or the same type of right on a later occasion.

11.3  Without limiting Sections 5 (Disclaimers) and 6 (Liability), we do not take responsibility for any event which is outside our reasonable control, including but not limited to the failure, malfunction or unavailability of communications and/or computer services, power supply failures or shortages, acts or omissions of third parties including but not limited to network operators, acts of government or regulators nor for any consequential loss arising from such an event.

11.4  These Terms, together with the Privacy Policy, and the Lottery Rules (collectively the “Agreement”) constitute the whole agreement between you and us in relation to the subject matter and supersedes any and all prior agreements between you and us. You acknowledge that you have not entered into this Agreement in reliance on any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any right to claim damages and/or to rescind these Terms by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Agreement. We may in our absolute discretion modify this Agreement from time to time and post the new version on the Website, following which all use of the Lottery shall be governed by the amended Agreement.

11.5  You are not permitted to assign the Agreement. We may assign, transfer or subcontract any of our rights or obligations under this Agreement without notice to you.

11.6  Of the terms of this Agreement shall be enforceable by The Fundraising Foundry and the Society. No other person who is not a party to it may enforce the terms of the Agreement. The Contracts (Rights of Third Parties) Act 1999 shall be construed accordingly.

11.7  All notices shall be given:

(a) to us via email or by post to our registered address as set out in the introduction to these terms; or

(b) to you at either the email or postal address you provide during the registration process.

Notice will be deemed received when an email is received in full (or on the next business day if it is received outside on 09:00 to 17:30 on a weekday that is not a bank holiday) or 3 days after the date of posting (or, where this falls other than on a weekday that is not a bank holiday, on the next working day).

11.9  The Agreement is governed by and construed in accordance with English law. The parties submit to the nonexclusive jurisdiction of the English courts.

11.10  This Clause 11 shall survive termination of the Agreement.