Terms & Conditions


Introduction


The absolutely necessary legal bit. The following is written to protect Promote, Entrants and Us. It sets out the rules and expectations of all involved in this fabulous concept, so make sure to read them. We would suggest a comfy seat and a cup of something comforting.

The owner of all competitions listed on raffique.co.uk is ‘Joxle Limited’ whose Company Registration Number is 13183470 and Registered address is at 72a Windsor Street. Nottingham. NG9 2BW. United Kingdom and from hereon-in referred to as ‘Raffique’, ‘We’ or ‘Us’. We operate prize competitions that are free from under the Gambling Act 2005, in the United Kingdom. For further information about the laws and regulations please visit www.gamblingcommission.gov.uk


General


  1. These Terms and Conditions constitute the entire agreement between Raffique and You. Any previous agreements, representations, and understanding regarding the content of these terms and conditions (whether written or oral) are superseded and terminated.
  2. If there is any reason to believe that there has been a breach of these Terms and Conditions, Raffique may, at its sole discretion, reserve the right to exclude you from participating in any current future competitions.
  3. The competitions on the website are in no way sponsored, endorsed, administered by or associated with Facebook or any other social network. By entering the competitions, Entrants agree that Facebook has no liability and is not responsible for the administration or promotion of the competitions.
  4. Raffique reserves the right to hold void, suspend, cancel, or amend any competition where it becomes necessary to do so.
  5. These terms and conditions shall be governed by English law, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

1. Promoting a Competition

    1. Each competition shall be promoted and listed on Our Platform.
    2. To Promote a competition:
      1. Promoters must not be physically located in or be resident of a jurisdiction where it is unlawful to Promote a competition; and
      2. the Promoter must be aged 18 years or over; and
      3. must be a registered and verified user on the Raffique Platform.
    3. Promoters are responsible for providing the following particulars on a competition listing including:
      1. the competition title;
      2. the competition short description;
      3. the competition full description;
      4. a detailed (accurate) description of the Prize;
      5. delivery/collection options (with the exception of a Property);
      6. 10-12 images of the prize;
      7. promotional video;
      8. price per ticket;
      9. the total number of tickets available for sale;
      10. the minimum number of tickets for the prize to be released if not the total;
      11. early bird price per ticket and number of early bird tickets available (if applicable);
      12. a end-date and time;
      13. a charitable donation (if applicable);
      14. the competition entry question;
    4. Offering a cash payment, bank transfer, gift card or share of the ticket revenue as an alternative to providing the Prize is not permitted.
    5. The items set out in the Prohibited Items page on Our Platform may not be offered as Prizes.
    6. Any listings submitted containing prohibited items will be rejected and will result in the immediate closure of your Promoter account.
    7. Raffique reserves the right to refuse any submitted listing without reason.
    8. Raffique reserves the right to cancel any competition at any time without reason.
    9. By agreeing to Promote a competition on Our Platform a Promoter is bound by the Terms and Conditions.

2. Platform Service Fees

    1. The Promoter will pay the Platform Service Fees.
    2. Our Platform Service Fee's equate to 10% of the total paid for Competition proceeds.
    3. The Service Fee's will be deducted from the total proceeds.
    4. Service Fees are strictly non-refundable.

3. Donations to a Charitable Cause

    1. Where a Promoter has agreed to give part or all of the Promoter’s proceeds from a competition to charitable cause, the Promoter agrees that Raffique will;
      1. calculate the donation based on the total proceeds.
      2. arrange for the relevant funds to go directly to that charity.
    2. Where a Promoter has agreed to make a donation to a charitable cause, (whether part or all of the Promoter’s proceeds) the particulars of this will be detailed in the competition listing.

4. Entering a Competition

    1. Each competition will run from Opening Date to the Closing Date (inclusive). This is listed in the competition particulars.
      1. In order to enter a competition, each Entrant must either:
        1. Select the paid entry option which requires them to:
          1. Submit their answer to the respective Competition Entry Question for that competition (each competition has a different Competition Entry Question which will be a test of your knowledge).
          2. Pay for the number of tickets they wish to purchase using a credit/debit card.
        2. Submit a Postal Entry in accordance with paragraph 4.4.
      2. Entering a competition is not dependant on answering the entry question correctly and tickets are issued no matter which answer was selected by the Entrant. However under the rules set by the Gambling Commission in relation to the Gambling Act 2005, only tickets that contain the correct answer to the Competition Entry Question, or Postal Entries that contain the correct answer to the Competition Entry Question will be entered into the final draw for the relevant competition.
      3. By purchasing a ticket you accept that we may be unable to provide a refund once we have issued entry tickets.
      4. You accept that tickets purchased are transferred to the cash prize draw if a prize is withdrawn by a promoter.
      5. By purchasing a ticket and/or entering a competition, including by way of a Postal Entry, each Entrant (including the Winner) agrees to be bound by these Terms and Conditions.
      6. To enter a competition through a postal application (a Postal Entry) the following conditions apply:
        1. Entrants must be registered Users on the Raffique Platform at the time of posting and have a verified email address and telephone number (via OTP), in order to make a Postal Entry to a competition.
        2. Postal Entries are not for sale and can be made free of charge.
        3. Users must write their full name, date of birth, email they registered their account with, their full address (PO Boxes are not accepted) and registered telephone number plus the competition title and answer to the competition question on a POSTCARD (not cereal board or cut card) which is to be sent by 1st class post to Raffique. 72a Windsor Street, Beeston. Nottingham. NG9 2BW.
        4. Postal Entries are limited to 1 per POSTCARD. If any additional entries are made, the Postal Entry will be invalidated and automatically discarded.
        5. Postal Entries must be postmarked no later than the advertised competition end-date.
        6. Postal Entries postmarked after the advertised competition end-date will not be included in the draw.
        7. Just like a paid for entry, your postal entry should allow the appropriate time for your chosen route to meet the closing deadlines.
      7. Additional to the above conditions:
        1. It is the User’s obligation to ensure that the required details are set out on the Postal Entry in a legible manner and that they are sent to the correct address of: Raffique. 72a Windsor Street, Beeston. Nottingham. NG9 2BW.
        2. Raffique reserves the right to reject Postal Entries that do not include the information set out in paragraph 6 - a-g of these Terms and Conditions; and
        3. Raffique accepts no liability for any postal delays, lost or damaged entries, and or any event amounting to Force Majeure.
        4. Raffique will not inform you if your entry is invalid.

5. Eligibility to Enter our Competitions

    1. To enter a competition:
      1. A registered User of the platform.
      2. The Entrant must be aged 18 years or over; and
      3. The Entrant must not be physically located (at the time of entry to a competition) in a jurisdiction where it is unlawful to enter a competition.
    2. The following people may not enter a competition:
      1. Employees of Raffique.
      2. Shareholders of Raffique.
      3. Members of the immediate families or households of (a) and (b) above.
      4. Employees of partners or suppliers of Raffique, who are professionally connected with the competition or its administration.
    3. By entering a competition, an Entrant confirms that they are eligible to do so and eligible to claim the Prize they may win.
    4. Raffique reserves the right to request proof that they are eligible to enter the competition if they are deemed to be in breach of these terms.
    5. Entries on behalf of another person will not be accepted.
    6. Entries cannot be gifted.
    7. Joint submissions will not be accepted.

6. User Profiles on Our Platform

    1. Users are responsible for their own profiles.
    2. Each User warrants that their profile does not infringe any laws or regulations nor any third party’s rights, including but not limited to, the infringement of intellectual property rights such as trademarks.
    3. Each User agrees to indemnify and hold Raffique harmless in relation to any infringement that User commits.
    4. Each User may amend their contact information on the profile. Raffique will not amend any contact information once a competition entry has been submitted.

7. Unacceptable Behaviour on Our Platform

    1. All participants (Promoters, Entrants and Winners) must in relation to any competition refrain from unacceptable behaviour.
    2. Unacceptable behaviour includes, but is not limited to:
      1. behaviour likely to affect the enjoyment of other participants (Promoters, Entrants and Winners);
      2. the use of threatening, abusive or insulting words or behaviour towards other participants (Promoters, Entrants and/or Winners) or Raffique staff;
      3. acting in a way that can cause or is likely to cause damage, nuisance or injury towards Raffique and other participants (Promoters, Entrants and/or Winners) and their property;
      4. cyber bullying, harassment or acting in an intimidating or threatening nature.
    3. Any unacceptable behaviour by any participants (Promoters, Entrants and/or Winners) will entitle Raffique (at its sole discretion) to forfeit any rights such participant (whether they are a Promters, Entrant and/or Winner) may have accrued pursuant to the Terms and Conditions and/or any competition that are participating in (whether as a Promoters, Entrant and/or Winner).
    4. Raffique reserves the right to remove any content and/or user of Our Platform without providing an explanation.
    5. Raffique’s decision in relation to unacceptable behaviour is final and legally binding on all parties and no correspondence or discussion will be entered into.

8. The Prize

    1. The Prize for each competition is set out in the competition Particulars.
    2. The Promoter is responsible for transferring the Prize to the Winner in accordance with paragraph 12 (below).
    3. The Prize is not negotiable or transferable.
    4. In order to claim the Prize the Winner must follow the procedure set out in the Terms and Conditions.
    5. Negotiation of the Prize awarded is not permitted.

9. Winners

    1. Only tickets that contain the correct answer to the respective Competition Entry Question will be entered into the draw for that respective competition.
    2. On the Closing Date of a competition, a Winner will be selected randomly by;
      1. Raffique's automated system or;
      2. Random Draws UK.
    3. The decision of Raffique is final and no correspondence or discussion will be entered into.
    4. Raffique will in accordance with the Privacy Policy set out on the Privacy Policy page of Our Platform publish the name of the Prize Winner (as set out in the Winner’s profile) on the Draw Date or within 7 days after a live draw has been made.
    5. In the instance of a live draw, Raffique will attempt to contact the Winner(s) using the telephone numbers and email address provided at the time of Entry held securely in our database.
    6. On the Draw Date Raffique will send an email to all competition Entrants (which shall be as soon as practicable after the Draw Date), using the email address associated with the User. The Winner will not be contacted separately to be informed that they have won. It is the responsibility of each Entrant to check Our Platform to see if they are a Winner.
    7. Winning tickets are located in the ‘Orders’ section of 'Your Account' on Our Platform.
    8. Ticket numbers are found within your orders.
    9. On the Draw Date the Promoter will receive an email providing instructions on how to proceed and in accordance with Our Privacy Policy will be provided with the Winner’s contact information (including their name, email address, and mobile telephone number - if applicable).
    10. It is the Entrant’s sole responsibility to ensure that the details provided in their User Profile are up to date. If for any reason they are incorrect, Raffique will not be held responsible. Entrants must carefully check their contact details have been recorded correctly.
    11. The Promoter is also contactable via the contact form on their profile.

10. Claiming a Prize

    1. As set out in paragraph 9 the Winner will not be contacted separately to be informed that they have won, (except in the instances of a live draw) accordingly each Entrant must check Our Platform to see if they are a Winner or emails to see if they have had an automated email notification alerting them to their winning ticket.
    2. The Promoter is responsible for communicating with the Winner in order to arrange delivery or collection of the Prize.
    3. The Winner is obliged to communicate with the Promoter in order to arrange delivery or collection of the Prize.
    4. To contact the Promoter the Winner can get in touch via their profile on Our Platform. This can only be done within the time frame of 28 days from the Draw Date.
    5. The Winner is verified by Raffiques' automated email to the Promoter.
    6. The Prize may not be claimed by a third party on the Winner’s behalf.
    7. Compensation payments (as per our Raffique Protection Promise as set out in paragraph 14) must be paid into a UK bank account.
    8. Raffique does not accept any responsibility if the Winner is not able to take up the Prize.
    9. Winners outside of the UK are responsible for any taxes owed within their own jurisdiction.

11. Delivery or Collection of a Prize

    1. Delivery of the Prize is not included unless specifically stated in the Particulars and as such the Promoter and the Winner will need to arrange this directly between them.
    2. If collection of the Prize is possible then the Promoter and Winner must communicate directly to arrange and agree on a suitable date and time for both parties.
    3. The Promoter is obliged to take all reasonably necessary steps to ensure safe exchange of the Prize and is expected to obtain all relevant shipment/collection or delivery receipts in case proof is needed in the event of a dispute.
    4. In the event that the Promoter and Winner must meet to exchange the Prize. It is the responsibility of both the Promoter and the Winner to ensure that the Winner confirms delivery of the prize via email confirmation from the winners email to hello@raffique.co.uk.
    5. Winners outside of the UK are responsible (unless otherwise expressed by the Promoter) for any costs incurred in receiving or collecting the prize.

12. Prize Acceptance and Disputes

    1. All participants to a competition agree that Raffique’s decision on the conduct of any competition is final.
    2. The Winner has 28 days from the Draw Date to either Accept or Dispute the Prize via email.
    3. By Accepting the Prize via email the Winner confirms that the Prize is as advertised in the competition Particulars and possession of it has been taken by the Winner.
    4. On the Winner Accepting the Prize, the Winner loses the ability to Dispute the Prize or claim compensation as per the Raffique Protection Promise and that they consent to the Promoter’s Proceeds being released to the Host and/or their supporting charity or cause.
    5. On the Winner Accepting the Prize via email the Winner loses all rights under these Terms and Conditions.
    6. By Disputing the Prize via email the Winner confirms that the Prize is not as advertised in the competition Particulars or that possession of it has not been taken by the Winner.
    7. On the Winner Disputing the Prize the Competition will be investigated by a member of Our Team who will make a determination.
    8. In circumstances where Raffique is required to investigate a dispute it reserves the right to investigate all the circumstances surrounding the dispute and make an adjudication at its absolute discretion, in order to determine fault:
      1. If the dispute is awarded in favour of the Promoter, the Promoter’s Proceeds will be released to the Promoter and/or their supporting charity or cause, at which stage the Winner loses all rights under these Terms and Conditions.
      2. If the dispute is awarded in favour of the Winner, Raffique has no obligation to pay the Promoter’s Proceeds to the Promoter and/or their supporting charity or cause. At this stage the Promoter loses all rights under these Terms and Conditions.
      3. If the dispute is awarded in favour of the Winner, then as per the Raffique Protection Promise, the Winner will receive compensation amounting to 75% of the Total Proceeds.
    9. If the Winner neither Accepts nor Disputes the Prize via email within 28 days of the Draw Date the Winner loses the ability to Accept or Dispute the Prize and the Promoter’s Proceeds will automatically be released to the Promoter and/or their supporting charity or cause at which stage the Winner loses all rights under these Terms and Conditions.
    10. Raffique’s decision is final and legally binding on all parties and no correspondence or discussion will be entered into.

13. Raffique Protection Promise

    1. If the Promoter fails to undertake any of their responsibilities (for whatever reason), the Winner will receive compensation amounting to 75% of the total paid for ticket Proceeds of the relevant competition (unless otherwise stated on the competition page).
    2. If the minimum tickets required to release a prize is not met (for whatever reason) the Winner will receive compensation amounting to 75% of the total paid for ticket Proceeds of the relevant competition.
    3. All compensation payments are guaranteed and paid directly by Joxle Limited trading as Raffique.
    4. The remaining 25% of the total paid for ticket Proceeds is awarded to Raffique and covers the Service Fee's, plus any Affiliate Programme Fee's.

14. Property Competitions

    1. In the event that the Competition contains a property (or is solely a property) the following will apply and supersede the Terms and Conditions.
    2. The Promoter and Winners will be required to instruct independent Lawyers for the purposes of transferring the property from the Promoter to the Winner of the competition.
    3. Contact will be made with the Winner’s Lawyer by way of a memorandum of sale confirming that funds are being held for the purchase of the Property on the Winner’s behalf and the funds will be transferred to the Winner’s Lawyer when we are notified that a contract is ready for exchanging with the Property Owner.
    4. Contact will be made with the Promoter’s Lawyer by way of a memorandum of sale. This will provide them with the particulars for a sales contract that should be prepared for the sale of the Property for the value of the Prize Fund.
    5. Details of the total amount payable in the purchase of the Property will be detailed in our correspondence to the Winner’s solicitor.
    6. ID documents will be requested from all parties to confirm identity.
    7. It is reasonable for a property transfer to take up to a maximum of 90 days due to the complex nature of such contracts.
    8. In the event that the Winners instruct Lawyers and such Lawyers cause unwarranted delays resulting in a dispute, Raffique reserves the right to cancel the competition and/or where appropriate effect a redraw of the competition.
    9. In the event that the Promoter’s instructs Lawyers and such Lawyers cause unwarranted delays resulting in a dispute, Raffique will award in favour of the Winner, then as per the Raffique Protection Promise the Winner will receive compensation amounting to 75% of the Total Proceeds.
    10. Raffique makes no warranties or representations in relation to:
      1. the market value or the purchase price of the Property; and
      2. the stamp duty or any tax payable by any other party in connection with this transaction.

15. Ownership of Competition Entries and Intellectual Property Rights

    1. Raffique owns the rights of all listed competitions.
    2. The Promoter agrees that Raffique may, but is not required to, make the Promoter’s competition available on Our Platform and any other media, whether now known or invented in the future, and in connection with any publicity of the competition.
    3. The Promoter agrees to grant Raffique a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the competition, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the competition entry and any accompanying materials for such purposes.
    4. Raffique reserves the right to force forfeiture of a username or web address for any reason, including but not limited to, that the username or web address violates a third party’s intellectual property rights, may mislead others or becomes inactive.
    5. Raffique reserves the right to remove any content listed on Our Platform for any reason, including but not limited to, the content has been reported, may be found offensive (as reasonably determined by Raffique) or is in breach of a third party’s legal rights.
    6. Any participant including the Promoter, Entrant and the Winner, in using the service provided by Raffique, accepts full responsibility for ensuring their chosen username and any content listed on Our Platform does not infringe a third party’s rights, including but not limited to, the infringement of intellectual property rights such as trademarks.
    7. In using Raffique’s services (including Our Platform), you represent and warrant that:
      1. You are not physically located in or are a resident of a jurisdiction where it is unlawful to list and/or participate in such competitions at the time when you use Raffique’s services; and
      2. any content you share as any type of participant through Our Platform does not violate privacy rights, copyrights, contract rights, intellectual property rights, or any other rights of any third person;
      3. any content you share as any type of participant through Our Platform does not constitute a breach of contract between you and a third party; and
      4. as a Promoter, you have legal claim to items selected for and or offered as a competition prize and have the right to offer the prize to the winning participant, and have the rights to grant any required license set out in paragraph 14.3.
    8. You accept that Raffique will carry out technical functions as necessary to offer our services, including but not limited to, transcoding, and/or formatting and reformatting content to enable it’s use on Our Platform.

16. Data Protection and Publicity

    1. Raffique will only process your personal information as set out in the Privacy Policy page of Our Platform. See also paragraph 9 of these terms and conditions with regard to the announcement of winners.

17. Service Level and Interruption

    1. Raffique will use reasonable efforts to ensure that Our Platform remains available for you to access and use in accordance with these Terms and Conditions. However, You acknowledge that Raffique does not guarantee that Our Platform will be available at all times, or be error or interruption-free.
    2. You accept that on occasion there may be interruptions to the provision of (including access to) Our Platform for software upgrades, scheduled maintenance or emergency repairs, or due to failure of telecommunication services and equipment which are beyond Raffique’s control.
    3. Raffique accepts no responsibility for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes.
    4. Raffique will use reasonable efforts to ensure that the software and website(s) used to operate its Competitions perform correctly and accurately across the latest versions of popular internet, tablet and mobile browsers. 

18. Limitation of Liability

    1. To the extent permitted by law, Raffique, its agents or distributors do not owe the Winner, the Promoter or any Entrant any duty of care and they will not in any circumstances be responsible or liable to compensate the Winner, the Promoter or any Entrant or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of Raffique, its agents or distributors or that of their employees. Your statutory rights are not affected.

19. Force Majeure

    1. Raffique, any Promoter, or Partner will not be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these terms and conditions if such delay or failure is due to a Force Majeure Event.
    2. On the occurrence of a Force Majeure Event, competition Promoters and Partners shall be entitled to a reasonable extension of time for performing any applicable obligations, as to be determined by Raffique in their sole reasonable opinion. If the period of delay or non-performance continues for 4 weeks Raffique may:
      1. terminate the competition on two days' written notice to the Promoter of such a competition, or
      2. in the instance where a competition has concluded and the Promoter and or Partner have not yet sent the prize detailed in the competition Particulars to the winning Entrant, Raffique will allocate the income from the competition to the rightful winning Entrant.

20. Waiver

    1. No failure or delay by Raffique to exercise any right or remedy provided by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

21. Severance

    1. If any term of this agreement is, in whole or in part, held to be illegal or unenforceable to any extent under any enactment or rule of law, that term or part shall to that extent be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.

22. Third Party Rights

    1. These terms and conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these conditions.

23. Governing Law

    1. These terms and conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England.

24. Jurisdiction

    1. Each party irrevocably agrees that the Competitions on Our Platform are governed by English Law any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matters relating to Competitions on Our Platform will be resolved under English Law and the Courts of England shall have exclusive jurisdiction.

Thank you for reading! You should print a copy of these terms and conditions and keep them for your records. If you wish to contact us for any reason, please email hello@raffique.co.uk.