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Fundraising Purchasing Terms

Spond Prize Competition Terms

1. Introduction

Version 1

Last updated: 10/01/2022

1.1 Spond Ltd is a company registered in England & Wales with registered address at Profile West Suite 2, First Floor, 950 Great West Road, Brentford, Middlesex, TW8 9ES and company number 13705044 (“Spond”). Spond operates the service available at https://www.spond.com and via the Spond app (the “Service”), which enables non-commercial organisations (“Organisations”) the chance to raised funds for their Organisation by offering individuals the opportunity to participate in Spot the Ball competitions on the Service (each a “Prize Competition”) for the chance to win a prize.

1.2 These competition terms (“Competition Terms”) apply to all Prize Competitions available on the Service. Each Prize Competition will also be subject to additional rules specific to that promotion (“Specific Rules”) which will be available on the relevant Prize Competition pages on the Service (“Competition Pages”). Before entering any Prize Competition, please read these Competition Terms, the relevant Specific Rules and the Privacy Policy available at https://www.spond.com/privacy-policy/ (“Privacy Policy”). When an individual enters a Prize Competition (“Entrant”), they agree to be bound by and comply with these Competition Terms and the relevant Specific Rules, and acknowledge that all personal data collected by Spond or an Organisation will be handled in accordance with the Privacy Policy. DO NOT ENTER A PRIZE COMPETITION IF YOU DO NOT WISH TO ACCEPT THESE COMPETITION TERMS OR THE SPECIFIC RULES.

1.3 Spond may amend these Competition Terms at any time by posting the amended Competition Terms on the Service at least 30 days before they take effect, in order to comply with any new or different obligations under applicable laws or regulations, to reflect any technical improvements or alterations made to the Service, or to remain up to date with prevailing market practice. You agree that your continued use of the Service after that date constitutes your binding acceptance of the amended Competition Terms. If you do not agree with the changes, please do not enter any further Prize Competitions. No changes to the Competition Terms will apply to any Prize Competition for which the Competition Period had started before the date on which the change become effective. The date of last revision of these Competition Terms is included at the top of this page.

1.4 The promoter of each Prize Competition will be Spond. If you have questions about the Competition Terms, please contact the support team on the contact page.

1.5 By entering a Prize Competition, all Entrants will be deemed to have accepted these Competition Terms in full. All entry instructions form part of these Competition Terms.

1.6 All use of the Service is subject to Spond’s Standard Terms of Use which are available at https://www.spond.com/terms. In the event of inconsistency between Spond’s Standard Terms of Use and these Competition Terms, these Competition Terms will prevail.

2. Eligibility

2.1 Unless otherwise stated in the Specific Rules, all Prize Competitions are open to all individuals who are aged 16 and over at the time of entering the Prize Competition and who are resident in Great Britain, excluding:

i The member of the Organisation responsible for the creation and promotion of the Prize Competition;

ii Spond’s employees;

iii Employees of agents or suppliers of Spond who are professionally connected with the Prize Competition or its administration; or

iv Members of the immediate families or households of (i) (ii) and (iii) above.

2.2 Any Entrant who is under the age of 18 must have obtained permission from a parent or guardian to enter the Prize Competition. Spond reserves the right to require proof of age or proof of such permission from a Prize Winner before the prize will be awarded.

3. Entry into the Prize Competition

3.1 To enter the Prize Competition, you will need to:

i Go to the relevant Competition Page and select your contribution amount/number of entries;

ii Enter your contact details and click “submit”;

iii Select your payment method, enter your payment details, tick that you have read and accept these terms and conditions and pay the entry fee specified on the Competition Pages to purchase your ticket (“Entry Fee”).

All entry fees for Prize Competitions are collected via the Service in accordance with terms set out by Spond’s payment providers who include, but are not limited to Checkout, Stripe, Visa, Electron, Maestro and Mastercard Debit Cards, PayPal, Apple Pay, Google Pay.

Payments will appear on your bank statement as being paid to Spond.

Some payments may be processed via Mastercard ID Check or Visa Secure, which are an extra level of protection used when making payments from your card. This may require you to verify ownership of your card by providing security information such as your password, fingerprint authentication, facial recognition or a one-time code to approve the payment. This service is quick, easy and free to set up;

iv Select the location from which you think the ball has been removed from the image;

v When you are happy with your selection, click “done” and your selection will be submitted.

3.2 The date and time that the competition opens and closes will be specified in the Specific Rules (“Competition Period”). All entries must be submitted during the Competition Period. Entries submitted before the start time or after the closing time will be disqualified from the Prize Competition. Entrants will not be entitled to a refund of any Entry Fee if they fail to submit their entry during the Competition Period.

3.3 Spond accepts no liability for entries that are not validly submitted regardless of cause, including for example as a result of equipment failure, technical malfunction or network, server, hardware of software failure of any kind.

3.4 Spond reserves the right to:

  1. i verify the eligibility of any Entrant in accordance with the criteria set out in paragraph2;
  2. ii require any further information from an Entrant that it deems necessary in order to

comply with all applicable laws including any ‘know your customer’ requirements;

iii disqualify any Entrant who (a) is found to be abusing or tampering with the operation of the promotion or entering using fraudulent means, or who Spond believes to have acted in breach of these Competition Terms; or (b) does not give correct contact details or who makes an entry on someone else’s behalf; and

iv extend, withdraw, alter or suspend any Prize Competition at any time if circumstances beyond its control make this unavoidable. Any changes to the promotion will be notified to entrants as soon as possible by Spond.

3.5 All entries must be submitted via the Service. Entries submitted via any other method will not be accepted.

3.6 Each ticket entitles the Entrant to submit one entry. There is no limit on the number of entries that each Entrant may purchase and submit.

3.7 All Entrants must provide true and accurate contact information when entering the Prize Competition. If an Entrant’s contact information subsequently changes, these changes should be notified to the support team on the contact page.

3.8 No entries from agents, third parties, syndicated entries or those made using methods such as a computer macro, script or the use of automated devices are permitted and no bulk entries are permitted.

4. Winners

4.1 Each Entrant will be shown an image from which an image of a ball has been removed. After purchasing a ticket, each Entrant will have the chance to determine where they believe the position of the centre of the ball was on the image before it was removed. All submissions will be stored in Spond’s database in the form of X and Y coordinates.

4.2 The position of the centre of the ball (“Judges’ Position”) is determined by an independent Panel of Judges (the “Panel of Judges”) with expertise in the relevant sport, appointed by Spond. When the Panel of Judges are determining the Judges’ Position, they are using their sporting experience and expertise. A representative from Spond will facilitate the judging process. The names of the Panel of Judges are available upon request.

4.3 Within forty-eight (48) hours of the end of the Prize Competition, the Judges’ Position will be computed against the database of coordinates to mathematically calculate which of the valid and eligible Entries received by Spond is closest to the Judges’ Position, and therefore wins the prize. The prize winner will be the person who correctly identifies, or if no one is correct, who is closest to, the Judges’ Position (“Prize Winner”). For the avoidance of doubt, distance will be measured by calculating the straight-line distance (“Distance”) from each valid and eligible Entry to the Judge’s Position.

  1. 4.4 The decision of the Judges is final and no correspondence or discussion will be entered into.
  2. 4.5 In the event that there are two or more Entrants with valid and eligible Entries that are equal

Distance from or exactly match the Judges’ Position (each a “Tie Break Entry”), the Prize Winner as between the entrants to whom such Tie Break Entries belong will be selected by a verifiably random process.

4.6 Spond will send the surname and county of Prize Winners and, if applicable, copies of their winning entries, to anyone who requests such information to the support team within one month after the closing date of the Prize Competition. If you object to any or all of your surname, county and winning entry being published or made available, please contact Spond on the contact page. In such circumstances, Spond must still provide the information and winning entry to the Advertising Standards Authority on request.

5. Prizes

5.1 Details of the prize(s) available for each Prize Competition will be set out on the relevant Competition Pages. Any images are an illustrative example and do not show the exact prize(s). Spond is not responsible for inaccurate prize details supplied to any Entrant by any third party connected with this Prize Competition.

5.2 Unless otherwise indicated in the Specific Terms:

  1. i the prize will be in the form of a gift card;
  2. ii the gift card will be for an amount which is at least the value indicated as the minimum

prize value at the point of entry into the Prize Competition; and

iii the Prize Winner will be able to pick a gift card of their choosing out of a selected number of different gift cards.

5.3 Spond reserves the right to substitute an alternative prize of equal or greater value should the prize be unavailable. There is no cash alternative available. Prizes are non-transferable and cannot be resold. No compensation or alternative prize will be available if the Prize Winner is unable to use the prize. Unless otherwise agreed in writing by Spond, the prize will only be awarded to the Prize Winner.

5.4 Unless otherwise indicated in the Specific Terms, the value of a prize will be based on a percentage of amounts contributed by Entrants to the Prize Competition. However, all Prize Competitions will have a minimum prize value of £1.

  1. 5.5 All costs and expenses not included within the prizes are the responsibility of the Prize Winner.
  2. 5.6 Spond will send a link to the email address and/or telephone number provided by the Prize

Winner at the time of entry (or as subsequently updated), which is securely stored in Spond’s database. The link will forward the Prize Winner to a page where a gift card can be selected, following which the gift card will be sent to the Prize Winner’s email address. It is the Entrant’s sole responsibility to check and update these details. If, for any reason, the contact details are incorrect, Spond will not be held responsible for not providing the prize. The Entrant must carefully check that their contact details have been recorded correctly.

5.7 Spond will make all reasonable efforts to contact the Prize Winner. If the Prize Winner cannot be contacted or has not claimed their prize within 14 days of the closing date, or the Prize Winner if disqualified as a result of contravening any of these Competition Terms or Spond’s Standard Terms of Use, the Prize Winner will forfeit the prize. Spond reserves the right to award the prize to the Entrant with the next closest entry. Once the prize has been forfeited, the original Prize Winner will have no further claims against Spond or the Organisation.

5.8 Spond may require the Prize Winner to submit documents verifying their age and identity before the prize will be awarded. If the Prize Winner fails to submit the necessary documents the prize will be forfeited and Spond reserves the right to award the prize to the Entrant with the next closest entry.

6. Limitation of Liability

6.1 If Spond fails to comply with these Competition Terms, it will be responsible for loss or damage an Entrant suffers that is a foreseeable result of that breach of these Competition Terms or its negligence, but it is not responsible for any loss or damage that is not foreseeable or that is caused by a breach by the Organisation. Loss or damage is foreseeable if it was an obvious consequence of Spond’s breach or if it was contemplated by the Entrant and Spond at the time that the Entrant entered the Prize Competition.

7. Errors in Spond’s service

7.1 Spond will take all reasonable steps to ensure the Service functions correctly, but Spond does not guarantee that the Service will be continuous, uninterrupted or error free and will not be responsible for any losses caused by errors or disruptions to the Service. Spond appreciates if you report any errors that are discovered to the support team at the contact page. Please note that if an error results in more than one Prize Winner being selected for a Prize Competition, the Prize Competition affected by the error may be cancelled and re-arranged, in which case all Entry Fees will be refunded to Entrants.

8. Complaints

8.1 Entrants should notify Spond of any issues or complaints in relation to the Service by sending details of the issue or complaint to the support team on the contact page. Spond will endeavour to solve any issues notified to it in a fair and reasonable manner. If the issue is not resolved within 21 days it will be referred to the Customer Success Manager at Spond who will investigate the complaint in good faith and take any action that is deemed necessary. The Customer Success Manager may request any further information or evidence that may be required in order to investigate the issue.

9. Privacy

Any processing of an Entrant’s data undertaken by Spond will be performed in accordance with Spond’s Privacy Policy. You can read more about your rights in relation to such data processing by accessing the policy at https://www.spond.com/privacy-policy/

10. General

10.1 The Organisation will pay Spond a fee for Spond’s operation and provision of the Service. The amount of this fee may vary depending on the Prize Competition but will not exceed 30% of entry Fees

paid in respect of the Prize Competition. Spond reserves the right to retain a minimum Fee to cover operational costs should it deem should it so deem applicable.

10.2 If there is any reason to believe that there has been a breach of these Competition Terms, Spond may, at its sole discretion, exclude or disqualify an Entrant from participating in the Prize Competition.

10.3 Refunds will only be given in exceptional circumstances at the sole discretion of Spond, or where the Prize Competition is cancelled in accordance with this paragraph 10.3. Spond reserves the right to hold void, suspend, cancel, or amend the Prize Competition where it becomes necessary to do so. Any changes to the Prize Competition will be notified to Entrants as soon as possible by Spond.

  1. 10.4 These Competition Terms shall be governed by English law.
  2. 10.5 You can bring legal proceedings in respect of the Prize Competitions and these Competition Terms

in the English courts. If you live in Scotland you can bring legal proceedings in respect of the promotion and these terms and conditions in either the English courts or the courts of your home country.

10.6 As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Competition Terms, including the paragraph above, affects a participant’s rights as a consumer to rely on such mandatory provisions of local law.