DEFINITIONS

COMPETITION – The Competition operated by the Promoter to which these Terms and Conditions Apply, wherein the Entrants submit entries via the website www.kerfuffleandswish.com

PROMOTER –Kerfuffle and Swish is the sole promoter, the competition is not run, endorsed, or sponsored by another other party including Facebook or Apple, however 3rd party companies may be used for marketing.

PRIZE – There will be a specific ‘prize’ for each competition run, the promoter is entitled to operate multiple competitions at any one time.

ENTRY – The entrant must answer a question correctly in order to attain the chance to win a specific ‘prize’. If the question is answered incorrectly then the entrant will not be entered into the draw. Payment must be made in pounds sterling and can be made either by the entrant or on behalf of the entrant. Payment can be made via credit/debit card through the Kerfuffle & Swish website. Entries can also be made by the postal entry route outlined in section 4.8-4.9.

ENTRANT – Any person who enters the Competition through the Website (www.kerfuffleandswish.com) or via the postal entry method see Paragraph 4.8/4.9, and must reside in the UK and is over the age of 18.

CLOSING DATE – The competitions close on the date specified for the draw to take place for a specific prize, or once the maximum amount of entries for that specific competition has been reached.

WINNER – The Entrant chosen at random before or after the Closing Date who will receive the Prize in accordance with these Terms and Conditions. Proof of identity must be provided upon collection of any prize and must match that of the details provided when entering the respective competition.

MAXIMUM NUMBER OF ENTRIES – No maximum number of entries per person.

COMPETITION START DATE – Thursday 30th June June 2022

COMPETITION CLOSING DATE – Sunday 14th August 2022

DRAW DATE – Tuesday 16th August 2022

MINIMUM NUMBER OF ENTRIES/TICKETS – 1000

MAXIMUM NUMBER OF ENTRIES/TICKETS – 10000

Each competition will close once the maximum number of entries has been reached for the respective competition, or on the date specified for the particular competition. The prize(s) may still be awarded at the sole discretion of the promoter if the number of paid entries at the time of closing the competition does not reach the maximum number of paid entries, but nevertheless is deemed by the promoter as sufficient.

WEBSITE – www.k erfuffleandswish.co.uk

1. GENERAL

1.1 By entering the competition via the Website, Entrants are deemed to have read and accepted these Terms and Conditions and agrees to be bound by them;

1.2 Upon entering the Competition, all Entrants must submit all contact details as requested by the Promoter (which must include and not limited to full name, valid email, address and phone number) which will be used for the following purposes:
(a) to notify the Winner that they have won the prize; (b) to post the Winner’s name and town of residence on the Website (c) to consent to future marketing content via email (d) to post all applicants First & Last name onto the Entry List which will be publicly visible on our website (e) to comply with the Privacy Policy

1.3 All entrants are solely and completely responsible for providing and maintaining the Promoter with accurate contact details.

1.4 The Promoter will be in no way liable for any failure or inability to make contact with any Entrant due to any errors or inaccuracies in the contact details provided by the Entrants.

2. PRIVACY POLICY

2.1 The Entrants and the Promoter recognise that the Promoter may use contact details and other data including personal data as defined by the Data Protection Act 1998 supplied by the Entrants to the Promoter to administer the Website and conduct the Competition according to these Terms and Conditions.

2.2 The Entrants and the Promoter also recognise that the Promoter may (either by choice or at the request of a third party) also disclose this information to relevant third parties for the purposes of the prevention of fraud, money laundering, legal or other financial or regulatory reasons.

3. COMPETITION

3.1 The Competition is operated and run by the Promoter and is open to UK only residents.

3.2 The Competition is open for entry to all persons aged 18 or over who reside in the UK excluding the Promoters, their direct family, professional advisers or anyone else connected with the development or operation of the Website or conducts administration of the Competition in any way, shape or form.

3.3 All Entrants acknowledge that by entering into the competition that their payment for each individual entry to enter the Competition does not guarantee in any way that they will win the prize.

3.4 The Promoters make no representation or warranty as to the Valuation or condition of the Prize, its structural, cosmetic condition, or its ability to be sold. Entrants should make and rely on their own enquiries and legal advice about the Prize before entering the Competition. The prize is pre-owned and is sold as seen as per the gallery on the website.

3.5 As a condition of entering the Competition Entrants must ensure that by doing so, they do not contravene any laws of their country of residence. The Promoter will not be liable in any way if an Entrant enters the Competition unlawfully;

3.6 The Entrants and the Promoter recognise that the Competition, its administration and all associated activities are governed by English Law and the Promoter and Entrants recognise that the County or High Courts of England shall have exclusive jurisdiction in the event of any dispute arising out of the Competition or its administration;

3.7 Once the entrant has entered the competition, the entrants accept sole responsibility for submitting information that is accurate, complete and true. The Promoter reserves the right to refuse or disqualify any entrant if there are reasonable grounds for believing that an entrant has failed to comply with any of these terms and conditions or acted in a way that is reasonably considered by the Promoter to be illegal.

3.8 All Entries will become the property of the Promoter on receipt and will not be returned.

3.9 Should any competition conclude early, a cash prize will be offered that is equivalent to 90% of the entry fees taken for that particular competition.

4. ENTRY INTO THE COMPETITION

4.1 In answering the Question, the Entrant recognises that they must exercise skill, Knowledge and judgment to give the correct Answers;

4.2 Maximum entries for each entrant will be stated on each competition, and will vary on each individual competition, if none stated no maximum purchase applies.

4.3 To conclude an entry into the Competition, an Entrant will be asked to provide their contact details (including full name, postal and e-mail addresses and a telephone number) and card payment details (for entry fee only). Once the Entry is submitted, the Entrant’s card payment will be electronically approved.

4.4 When the Maximum Number Of Entries and/or the Closing Date is reached, the Competition will close; however the Promoter reserves the right to extend the closing date at their sole discretion up to a maximum of 8 weeks duration from the competition start date.

4.5 All Entries to the Competition are final and no refunds shall be made at any time or for any reason, except in the case of entries submitted after the Closing Date or if the Promoter cancels the competition. This is at the Promotors sole discretion and may be amended on a case by case basis.

4.6 The Promoter’s decision is final and no correspondence will be entered into about the result of the Competition following the determination of the Winner as described above.

4.7 Each Entrant agrees that the usual requirement under the Consumer Protection (Distance Selling) Regulations 2000 for any goods and services ordered online to be supplied within 30 days will not apply to this Prize Competition.

4.8 Postal Entry Route – If you wish to enter any of our competitions by post then you must send an unenclosed postcard via First Class or Second Class post stating: The answer to the question specific to that particular competition along with your personal details as follows;

• Full Name
• Date of Birth,
• Postal Address
• Email address
• One contact number.

Remember postcards must also contain the correct Answer to the question for the competition desired, and only one entry per person via postcard will be accepted.

4.9 Send entries to: 2 Gingerbread Cottage, Quebec Road, Dereham, Norfolk, NR19 2QX

All free entries must be received before the close of the competition. Any entries that fail to follow the criteria mentioned above will be void as per any Entry received.

4.10 If the question is answered incorrectly then payment will still be made for the chosen amount of tickets and your name will not be entered into the final draw. You will not be notified that you have answered the question incorrectly at any point during the competition.

5. CLOSING THE COMPETITION

5.1 The competition will close and a ticket number will be randomly drawn using a Random Number Generator on the proposed close date, unless the minimum number of tickets has not been reached.

5.2 If the Number of Entries to the Competition does not meet the minimum number of entries at the closing date, the Competition will either be extended for a total of 8 weeks from the Competition Start Date, or will close and the proceeds will either be deemed sufficient to award the prize at the sole discretion of the Promoter, or the remaining funds will be allocated as a cash prize equal to 90% of the entry fees to a winner. The remaining 10% will be used to cover any expenses and marketing fees.

5.3 The Promoter will be entitled to retain a percentage of the Entry Fees to cover administration (which will be equal to 10% of the entry fees). The remaining balance following deduction of the promoters expenses is “the Prize Fund”. The Prize Fund will then be offered to the winning Entrant;

5.4 If the Winner cannot be contacted by the Promoter within 7 days of being notified of their status as the Winner by e-mail, telephone, or mail via the contact details submitted along with their entry, then the Promoter reserves the right to then select an Alternate winner, who will then have 7 days to accept the prize following the same routes of contact as the original Winner. The original winner will have no claim to the prize after the Alternate Winner is selected.

6. CONTEST/SELECTING WINNER

6.1 The winning Entrant will be selected at Random using a form of number generator for the ticket number to be selected.

6.2 The Draw date will take place on the proposed date specified for each individual competition, unless the minimum number of tickets has not been reached.

6.3 There will only be one winner per competition unless otherwise stated.

6.4 If the contest is completed and the Prize is issued successfully then the prize will be transferred by the Promoter to the winner of the contest, collection of said prize may be required.

7. PRIZE

7.1 The Promoter owns any prize offered from the time the competition is live until successful handover is completed as outlined in section 7.4

7.2 The Promoter does not imply or give any warranty in any way shape or form. The Entrant must make up their own decision through their own enquiries and legal advice before entering the competition.

7.3 The prize will only be that as awarded at the time of the draw, no alternatives will be offered under any circumstance.

7.4 Delivery or collection of the prize will be organised between the promoter and the winner after completion of the competition draw.

8. MISCELLANEOUS

8.1 The Winner agrees to allow the Promoter to display his or her name on the Website in accordance with the Privacy Policy. The name and town of residence of the Winner will be posted on the Website for the purposes of announcing the Winner of the Competition within 24 hours of the Winner being determined.

8.2 The Winner also agrees upon acceptance of the prize that they are required to have Photo(s) and or video(s) taken for promotional purposes, both directly after their win and in any future promotional material.

8.3 Entrants authorise the Promoter to enter their personal details into their database and to use the information in accordance with the provisions of the Data Protection Act 1998 and subject to the terms of Privacy Policy.

8.4 The Promoter reserves the right to cancel the Competition at any time either before or after tickets have been sold. If the Competition is cancelled, the Promoter will return any Entry Fees paid to each Entrant (either by bank card refund or by cheque and in one combined payment where several entries have been made by a competitor). Where the Entry Fee is returned, the Promoter shall have no further liability to the Entrant or to any other person;

8.5 Save for death or personal injury the Promoter will not be liable for any loss (including economic loss) suffered to or sustained by any person or property as a result of any act or omission of the Promoters, nor will their servants or their agents in developing, planning and Administrating the Competition, distributing the Prize to the Winner or following the distribution of the Prize; The Promoter accepts no liability for errors or omissions contained within the Prize details, description or specification or any other part of the Website. It is the responsibility of each Entrant (and in particular the Winner) to satisfy him/herself as to the accuracy of any such details and/or any content of this website.

8.6 The Promoter will not be liable for any loss suffered by an Entrant as a result of incomplete entries or failed computer communications or for any loss suffered as a result of use of the Website.

8.7 The Promoter does not accept responsibility for entries which they do not receive due to failures in computer systems, other malfunctions, high Internet traffic, hardware failure, software failure, server faults or any other reason.

8.8 These competition rules shall not create or be construed as creating any form of contract, joint venture or other agreement between any Entrant and the Promoters.

8.9 An entry shall be declared void (without any refund being given) if the entrant engages in: (a) any form of fraud (actual or apparent); (b) fraudulent misrepresentation; (c) fraudulent concealment; (d) hacking or interference with the proper functioning of the website; or (e) amending, or unauthorised use of, any of the code that constitutes the Website.

8.10 The Promoter reserves the right to amend these terms and conditions at any time. Any changes will be immediately published on the competition home page.