Terms & Conditions

1.
Introduction
1.1
These terms and conditions ("Terms"), together with our Privacy Policy constitute a contract made between you ("User") and the operators of the Lucky Checkout Club marketing and rewards scheme ("Loyalty Scheme"), Lucky Checkout (UK) Limited (company number 07293626) ("Company").
1.2
More information on how the Loyalty Scheme works can be found on the Company's website www.luckycheckout.com ("Website").
1.3
You will be deemed to have accepted these Terms and any changes to them if you use our Website or have registered for, and continue to use, the Loyalty Scheme.
1.4
The Company operates the Loyalty Scheme with and through participating online retailers who may display the Company's logo on their websites ("Retailer") whereby the User, by accepting these Terms and purchasing any products from a Retailer, is entered into a prize draw for the month the purchase was made which will result in one lucky User winning one of the prizes displayed on the Website ("Prize") at the end of each month.
2.
Qualification
2.1
The Loyalty Scheme is open to all UK residents aged 18 or over. The Company reserves the right to decline to consider any User for a Prize if they do not meet these requirements.
2.2
A User must inform the Company if you change your country of residence and such User will no longer be eligible for the Loyalty Scheme once they are no longer a UK resident.
2.3
A User must reaffirm their acceptance of these Terms by clicking the relevant check box on our Website in order to be considered for any Prize.
3.
Registration
3.1
You warrant that:
(a)
The personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
(b)
You will notify us immediately of any changes to the personal information by contacting the Company by e-mail, as notified on our Website.
3.2
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
4.
Prize draw
4.1
Unless otherwise stated, the opening and closing dates of each prize draw will be 00:01am on the 1st of the month to 11:59pm on the last day of the month ("Draw Period").
4.2
Purchases made by a User via an online transaction with a Retailer will be counted for the purposes of the prize draws if the User is registered as a member of the Loyalty Scheme and purchases a product on a site operated by a Retailer, as indicated by the Retailer being listed on the "Browse Retailers" page of our Website.
4.3
Once you make a purchase from a Retailer, a consumer ID, a retailer ID, order number (for verification purposes) and the order amount is automatically sent to the Company and stored on our server so that the Company retains a list of all sale amounts for all Users who have bought something from a Retailer and participated in the Loyalty Scheme.
4.4
Unless otherwise stated, for every £1 spent with any participating Retailer in each single transaction during the relevant Draw Period, a member will receive 1 entry into the prize draw relating to that Draw Period when the purchase was made, subject to the Retailer sending details of the transaction and the amount spent to the Company. For the avoidance of doubt, no entries will be received if the Retailer does not pay the Company commissions owing to the Company relating to the transaction.
4.5
Following the end of each month, the Prize will be awarded from all entries picked at random by computer or an independent person on the first tuesday that is at least 14 days after the closing date, which is 23:59 on the last day of each Draw Period ("Prize Draw Date"). Each winner will be contacted by telephone, post or email within 3 days of the Prize Draw Date. If a Prize winner cannot be contacted using reasonable efforts within 10 days from the Prize Draw Date for that Draw Period, then an alternative winner will be drawn from the entries for that Draw Period.
4.6
Any Prize will be paid to a User in pounds sterling and will be issued by BACS payment to a UK bank account.
4.7
The result of the Prize Draw is final. No correspondence will be entered into. The name and town of each winner may be posted online on our Website.
4.8
Any Prize and any amount awarded to a winner of a Prize Draw, as well as the number of winners of any Prize Draw and the breakdown, are determined by the Company in the Company's absolute discretion and may be less than the estimates displayed.
5.
Changes to this scheme & Cancellation
5.1
The Company reserves the right to amend, cancel or withdraw the Terms at any time without prior notice, with no liability to any User.
5.2
We reserve the right to cancel a User's membership of this Loyalty Scheme for any reason. Such reasons may include (but shall not be limited to) suspicion of being a hacker, fraud, or a breach of these Terms. If we cancel your membership you will have no entitlement to any Prize being awarded. The Company reserves the right to not notify a User if the Company has cancelled a Prize Draw entry, for any reason, until at least 6 months after the Prize Draw.
5.3
The Company also reserves the right to cancel any Prize and/or withhold any Prize (and award it to someone else) if the Company:
(a)
suspects a User of fraud;
(b)
is unable to confirm the identity of a User and/or a User's eligibility to participate in a Prize Draw; or
(c)
discovers a User is resident in a prohibited location.
5.4
If you win a Prize and we contact you pursuant to 8.3 of these Terms and you do not provide the Company with all details requested within 10 business days of our request, then you agree that the Company may then award the Prize to someone else.
5.5
The Company reserves the right to add additional prizes to any Prize Draw.
5.6
The User must inform the Company via the "My Sweepstakes" option in the "My Lucky Checkout" menu on the Website if a User acquires products from a Retailer, thus being entered into the Prize Draw, and subsequently returns products to a Retailer. Any return and/or refund of any such products shall disqualify the User's entrance to the Prize Draw and the award of any Prize related to the returned product.
6.
Limitation of Liability
6.1
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you or any other liabilities arising out of your use of our Website, or the use by any other person accessing the Website using your account and/or your personal information.
6.2
We can accept no responsibility for entries which fail to be properly submitted for any technical reason whatsoever, and will reject entries submitted by any other means.
6.3
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website.
6.4
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
6.5
Where our Website links to other sites and resources provided by a Retailer or other third parties, these links are provided for your information only and the provision of these links does not imply we endorse the website or resource they link to. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
6.6
You understand and agree that in relation to the products you have bought from any third party Retailer (which has enabled you to be entered into a Prize Draw) there is no contract between the Company and a User in relation to any such products. Therefore, the Company is not liable in any way in relation to the Products. This does not affect your legal rights as a consumer in respect of the purchase you have made with a third party Retailer.
6.7
The Company will also not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations or otherwise out of or in connection with:
(a)
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(b)
any loss of goodwill or reputation; or
(c)
any special or indirect losses, suffered or incurred by a User arising out of their use of our Website or in connection with being a member of the Loyalty Scheme.
6.8
The Company cannot be liable for any tax a User may have to pay as a result of winning a Prize and it is the responsibility of a User to seek professional advice if, for example, they enter competitions for a living.
7.
Publicity
7.1
Each winner of a Prize may be required to participate in reasonable press or PR activity related to the Prize Draw, as notified by the Company.
7.2
By entering the Prize Draw you agree to having your full name, nearest town (or city) and photo published online on our Website if you win a Prize. You also grant us a worldwide, perpetual, royalty free licence to publish such details on any other online or offline publication.
7.3
The Company reserves the right to share a User's (who has won a Prize) personal details with the Retailer from whom the User made the winning purchase. Specifically, we may share whatever of a User's details we need to share in order to confirm that they are the person who made the winning purchase. Typically, this will be limited to a User's name and email address and/or residential address (confirmed by a copy of a User's passport and a utility bill from the last three months showing such address).
8.
Privacy & data
8.1
In relation to your personal data, the Company is the data controller. The Company will use the information you supply by using the Loyalty Scheme, together with information relating to your transactions and purchases, for the purposes of administering the Loyalty Scheme and statistical analysis.
8.2
When entering our Loyalty Scheme you provide your name and email address and also agree to the Company's Privacy Policy.
8.3
If you win a Prize the Company will contact you and ask you for various additional personal details including your bank account details for where payment should be sent.
8.4
The Company may also use your details for marketing purposes to allow the Company to send you news of special offers and promotions using the communication methods you selected when registering with the Loyalty Scheme. If you have given the relevant permissions we may also provide your information to other carefully selected companies who may have offers and promotions of interest to you. If at any time you no longer wish to receive such information or you wish to change your preferences, you will be able to change your settings in your account via the Website.
8.5
When a User buys a product from a Retailer, the Retailer then sends the Company the relevant order number and order amount, which the Company then matches with the User's membership number (allocated when a User registers for the Loyalty Scheme) who made the relevant purchase.
9.
Severance, governing law & jurisdiction
9.1
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms.
9.2
These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
9.3
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).