TERMS & CONDITIONS

Section 1: Introduction

The Raffall Terms and Conditions are comprised of four sections:

Section 1: Introduction – This introduction.

Section 2: Competition Conduct Conditions – The conditions that govern the relationship between Us and anyone who participates in any competition.

Section 3: Real Estate Conditions – The conditions that govern the agreement between each Host and Winner where a competition involves real estate property in England and Wales. They include Real Estate Conditions of sale and template forms of special conditions of sale.

Section 4: Glossary and Definitions – The glossary and definitions gives special meanings to certain words used in the Terms and Conditions.

The Terms and Conditions shall be governed by English law, and all parties are deemed to submit to the exclusive jurisdiction of the courts of England and Wales.

IMPORTANT NOTICES

Raffall reserves the right to alter these Terms and Conditions at any time. Where alterations constitute a material change, users will be notified through the e-mail associated with their account. What constitutes a material change shall be determined by Us at our sole discretion, in good faith, using common sense.

A prudent participant of a competition will:

• Read the Terms and Conditions;
• Check the content of all available documents relating to the competition and the Prize;
• Take professional advice where appropriate.

The Terms and Conditions assume that each Host, Entrant and Winner has acted like a prudent individual. If you choose to participate in a competition without taking normal precautions, you do so at your own risk.

If you enter a competition or otherwise participate in a competition it is on the basis that you accept these Terms and Conditions. They govern Raffall’s relationship with you, the Host, Entrant and the Winner.

Section 2: Competition Conduct Conditions

Words in capitals or small capitals have the special meanings defined in the Glossary and Definitions. The Competition Conduct Conditions cannot be disapplied or varied without Raffall’s agreement.

1. The Promoter

   1. The promoter of all competitions is ‘Raffall Limited’ (a company incorporated in England and Wales with company registration number 9930826) whose registered address at 7 Bell Yard, London, WC2A 2JR, United Kingdom.
   2. Raffall operate prize competitions that are free from regulation under the Gambling Act 2005, in the United Kingdom.
   3. Although the term ‘raffle’ is often referred to on Our Platform, this is for marketing and search engine optimisation purposes only and due to the fact that each entrant is required to answer the Competition Entry Question upon entering, all competitions hosted on Our Platform are therefore legally considered ‘Prize Competitions’ and not raffles.
   4. For further information about the laws and regulations on raffles and prize competitions, please visit www.gamblingcommission.gov.uk

2. Hosting a competition

   1. Each competition shall be hosted by the Host on Our Platform.
   2. To host a competition:
      (a)Hosts must not be physically located in or be resident of a jurisdiction where it is unlawful to Host a competition; and
      (b)the Host must be aged 18 years or over
   3. Only those with a verified email address and mobile number can host a competition.
   4. By agreeing to hosting a competition with Raffall a Host is deemed to agree to be bound by the Terms and Conditions.
   5. Hosts are responsible for providing or selecting the following information on the Particulars including:
      (a)the competition title;
      (b)the competition summary;
      (c)Prize description and delivery/collection options (except in respect of a Property);
      (d)between 1 to 8 images;
      (e)promotional image and/or video (optional);
      (f)the price per ticket;
      (g)the total number of tickets available for sale;
      (h)a proposed end-date and time;
      (i)a charitable donation;
      (j)the Competition Entry Question.
   6. Raffall reserves the right to cancel any competition at any time without reason.
   7. Offering a cash payment, bank transfer, gift card or share of the ticket revenue as an alternative to providing the Prize is not permitted.

3. Service Charges and Featured Fees

   1. The Host will pay the Service Charges and any Featured Fees (if applicable) and the set out in the Fees page on Our Platform.
   2. Any Featured Fees paid to Raffall by the Host are non-refundable.
   3. The Service Charges and any charitable donations will be deducted from the Total Proceeds.

4. Charities

   1. Where a Host has agreed to give part or all of the Host’s Proceeds from a competition to a charity or cause details of this will be set out in the Particulars (including the percentage of the Host’s Proceeds being donated to that supporting charity or cause).
   2. Where a Host has agreed to give part or all of the Host’s Proceeds from a competition to a supporting charity or cause, the Host agrees that Raffall will arrange for the relevant funds to go directly to that charity.

5. How to enter a Competition

   1. Each competition will run from Opening Date to the Closing Date inclusive.
   2. In order to enter a competition, each Entrant must either:
      (a)Select the paid entry option which requires them to:
      (i)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 skill or knowledge).
      (ii)Pay for the number of tickets they wish to purchase using Raffall Credit or credit/debit card, or
      (b)Submit a Postal Entry in accordance with paragraphs 5.6 and 5.7.
   3. 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 will be entered into the final draw for the relevant competition.
   4. 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.
   5. For help with entries, please see the Help page of Our Platform.
   6. To enter a competition through a postal application (a Postal Entry) the following conditions apply:
      (a)Entrants must be registered Users and have both a verified email address and verified mobile number in order to make a Postal Entry to a competition.
      (b)Postal Entries are not for sale and can be made free of charge.
      (c)Users must write their USER ID and the RAFFALL ID on a postcard which is to be sent in a sealed envelope by 1st or 2nd class post to the following address:
      POSTAL ENTRIES C/O Raffall Limited
      7 Bell Yard London
      WC2A 2JR
      United Kingdom
      (d)Postal Entries are limited to 1 entry per envelope. If any additional entries are made, the Postal Entry will be invalidated and automatically discarded.
      (e)Postal Entries must be received no later than 72 hours before the advertised competition end-date.
      (f)Postal Entries received in the 72 hours prior to the advertised competition end time or later will not be included in the draw.
   7. Further to the above conditions:
      (a)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 Raffall’s address as set out in paragraph 5.6(d);
      (b)Raffall reserves the right to reject Postal Entries that do not provide the conditions of paragraphs 5.6 and 5.7 of these Terms and Conditions; and
      (c)Raffall accepts no liability for any postal delays, lost or damaged entries, and or any event amounting to Force Majeure.

6. Eligibility

   1. To enter a competition:
      (a)An 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; and
      (b)The Entrant must be aged 18 years or over.
   2. The following people may not enter a competition:
      (a)employees or shareholders of Raffall or its holding or subsidiary companies;
      (b)employees of agents or suppliers of Raffall or its holding or subsidiary companies, who are professionally connected with the competition or its administration; or
      (c)members of the immediate families or households of (a) and (b) above.
   3. Members of the immediate families or households of a Host may not enter a competition hosted by that Host.
   4. By entering a competition, an Entrant is deemed to confirm that they are eligible to do so and eligible to claim the Prize they may win. Raffall may require an Entrant to provide proof that they are eligible to enter the competition.
   5. Raffall will not accept competition entries that are:
      (a)automatically generated by computer;
      (b)completed by third parties or in bulk; and, or,
      (c)have been altered, reconstructed, forged or tampered with.
   6. Entries on behalf of another person will not be accepted and joint submissions are not allowed
   7. Raffall reserves all rights to disqualify any Host, Entrant or Winner if their conduct is contrary to the spirit or intention of the Prize competition.
   8. Only Users of Raffall are eligible to enter competitions hosted on Our Platform.

7. The Prize

   1. The Prize for each competition is set out in the Particulars.
   2. The Host agrees to transfer the Prize to the Winner in accordance with paragraph 9 (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.

8. Winners

   1. Each ticket that contains 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 Raffall’s automated system. The decision of Raffall is final and no correspondence or discussion will be entered into.
   3. Raffall will publish or make available information that indicates that a valid award took place. To comply with this obligation Raffall 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.
   4. On the Draw Date Raffall 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.
   5. Winning tickets are located in the ‘Your Tickets’ section of the Our Platform.
   6. On the Draw Date the Host will receive an automated 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, mobile telephone number and Facebook ID – if applicable).

9. Claiming the prize

   1. As set out in paragraph 8.4 the Winner will not be contacted separately to be informed that they have won, accordingly each Entrant must check Our Platform to see if they are a Winner.
   2. The Host is obliged to communicate with the Winner in order to arrange delivery or collection of the Prize.
   3. The Winner is obliged to communicate with the Host in order to arrange delivery or collection of the Prize.
   4. To access the Host’s contact details and instructions on how to proceed the Winner must press the ‘claim’ button located on the winning ticket, which is accessible from the ‘Your Tickets’ section of Our Platform. This can only be done within the time frame of 21 days from the Draw Date.
   5. The Prize may not be claimed by a third party on the Winner’s behalf.
   6. Raffall does not accept any responsibility if the Winner is not able to take up the Prize.

10. Delivery/Collection

    1. Delivery of the Prize is not included unless specifically stated in the Particulars and as such the Host and the Winner will need to deal with this directly between them.
    2. If collection of the Prize is possible then the Host and Winner must communicate directly to arrange and agree on a suitable date and time for both parties.
    3. The Host 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 Host and Winner must meet to exchange the Prize. It is the responsibility of both the Host and the Winner to ensure that the Winner Accepts prize on Our Platform at the time of the exchange.

11. Acceptance and Disputes

    1. All participants to a competition agree that Raffall’s decision on the conduct of any competition is final.
    2. The Winner has 21 days from the Draw Date to either Accept or Dispute the Prize on Our Platform.
    3. By Accepting the Prize on Our Platform 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 on Our Platform, the Winner loses the ability to Dispute the Prize or claim compensation as per the Raffall Guarantee and that they consent to the Host’s Proceeds being released to the Host and/or their supporting charity or cause.
    5. On the Winner Accepting the Prize on Our Platform the Winner loses all rights under these Terms and Conditions.
    6. By Disputing the Prize on Our Platform 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 Disputes Team who will make a determination.
    8. In circumstances where Raffall 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:
       (a)If the dispute is awarded in favour of the Host, the Host’s Proceeds will be released to the Host and/or their supporting charity or cause, at which stage the Winner loses all rights under these Terms and Conditions.
       (b)If the dispute is awarded in favour of the Winner, Raffall has no obligation to pay the Host’s Proceeds to the Host and/or their supporting charity or cause. At this stage the Host loses all rights under these Terms and Conditions.
       (c)If the dispute is awarded in favour of the Winner, then as per the Raffall Guarantee, the Winner will receive compensation amounting to 75% of the Total Proceeds.
       (d)Subject to paragraph 11.5 if a competition has multiple Prizes and one of the Prizes is disputed then the compensation will be divided equally between each Prize. Each Winner that disputes their Prize will receive 75% of their share of the Total Proceeds
    9. If the Winner neither Accepts nor Disputes the Prize on Our Platform within 21 days of the Draw Date the Winner loses the ability to Accept or Dispute the Prize and the Host’s Proceeds will automatically be released to the Host and/or their supporting charity or cause at which stage the Winner loses all rights under these Terms and Conditions.
    10. Raffall’s decision is final and legally binding on all parties and no correspondence or discussion will be entered into.

12. Property Competitions

    1. In the event that the Prize is a Property (or contains a Property) the Real Estate Conditions will apply and (to the extent they are incompatible) will supersede the Competition Conduct Conditions.

13. Limitation of liability

    To the extent permitted by law, Raffall, its agents or distributors do not owe the Winner, the Host or any Entrant any duty of care and they will not in any circumstances be responsible or liable to compensate the Winner, the Host 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 Raffall, its agents or distributors or that of their employees. Your statutory rights are not affected.

14. Ownership of competition entries and intellectual property rights

    1. Raffall does not claim any rights of ownership in your competition.
    2. The Host agrees that Raffall may, but is not required to, make the Host’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 Host agrees to grant Raffall 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. Raffall 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. Raffall reserves the right to remove any content hosted on Our Platform from for any reason, including but not limited to, the content has been reported, may be found offensive (as reasonably determined by Raffall) or is in breach of a third party’s legal rights.
    6. Any participant including the Host, Entrant and the Winner, in using the service provided by Raffall, accepts full responsibility for ensuring their chosen username and any content hosted 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 Raffall’s services (including Our Platform), you represent and warrant that:
       (a)You are a not physically located in or are a resident of a jurisdiction where it is unlawful to host and/or participate in such competitions at the time when you use Raffall’s services; and
       (b)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;
       (c)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
       (d)as a Host, 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 Raffall 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.

15. Profile

    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 Raffall harmless in relation to any infringement that that User commits.
    4. Each User may amend their contact information on the profile. Raffall will not amend any contact information once a competition entry has been submitted.

16. Data protection and publicity

    1. Raffall will only process your personal information as set out in the Privacy Policy page of Our Platform. See also paragraph 8 of these terms and conditions with regard to the announcement of winners.

17. Unacceptable Behaviour

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

18. Prohibited Items

    1. The items set out in the Prohibited Items page on Our Platform may not be offered as Prizes pay the fees set out in the Fees.

19. Raffall Guarantee

    1. If the Host fails to provide a Prize, the Winners will receive a share of the compensation amounting to 75% of the Total Proceeds of the relevant competition.
    2. All compensation payments are guaranteed and paid directly by Raffall Limited.
    3. Where there is more than one Winner and more than one Prize listed for a competition and the Host fails to provide the Prize or Prizes, the Winners will receive equal portions of the compensation which together shall amount to total of 75% of all ticket sales.

20. General

    1. If there is any reason to believe that there has been a breach of these Terms and Conditions, Raffall may, at its sole discretion, reserve the right to exclude You from participating in any current or future competitions and in addition Raffall may at its sole discretion ban you from using Our Platform.
    2. Raffall reserves the right to hold void, suspend, cancel, or amend any competition where it becomes necessary to do so.

21. Service Level and Interruption

    1. You accept that on occasion there may be interruptions to Our Platform for scheduled maintenance or upgrades, or emergency repairs, or due to failure of telecommunication services and equipment which are beyond Raffall’s control.
    2. Raffall 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 Raffall does not guarantee that Our Platform will be available at all times, or be error or interruption free.

22. Force Majeure

    1. Raffall, any Host, 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 Hosts and Partners shall be entitled to a reasonable extension of time for performing any applicable obligations, as to be determined by Raffall in their sole reasonable opinion. If the period of delay or non-performance continues for 4 weeks Raffall may:
       (a)terminate the competition on two days’ written notice to the Host of such a competition, or
       (b)in the instance where a competition has concluded and the Host and or Partner have not yet sent the prize detailed in the competition Particulars to the winning Entrant, Raffall will allocate the income from the competition to the rightful winning Entrant.

23. No Promotion

    1. The competitions are in no way sponsored, endorsed or administered by, or associated with, Apple Inc. Google, Facebook, Twitter, Snapchat, TikTok and/or any other social network.

24. Entire Agreement

    1. These Terms and Conditions constitute the entire agreement between Raffall and you. Any previous agreements, promises, representations and understandings, regarding the subject of these terms and conditions, whether written or oral, are superseded and extinguished.

25. Waiver

    1. No failure or delay by Raffall 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.

26. Severance

    1. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the terms and conditions.

27. 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.

28. 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.

29. Jurisdiction

    1. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter.

Section 3: Real Estate Conditions

1. Competitions with a Property Prize

   1. In relation to competitions involving Property, the Host and the Winner will be presented with the Property Contract which will (on signing supersede the Terms and Conditions) co-ordinate the orderly transfer of the Property (and/or Prize as the case may be).
   2. The Property Contract shall relate to the relevant jurisdiction where the Property is located.

2. Property Lawyers

   1. The Host and Winners will be required to instruct independent lawyers to assist them with the Property transfer. A list of recommended independent lawyers for use by the Host and the Winner is set out in the Property Lawyers page of Our Platform. Raffall will effect an introduction with the relevant independent lawyer to ensure the smooth transmission of the Property.
   2. In the event that the Winner instructs lawyers (other than those recommended independent lawyers referred to above) and such lawyers cause undue delays resulting in a dispute Raffall reserves the right to cancel the competition and/or where appropriate effect a redraw of the competition.
   3. In the event that:
      (a)the Host instructs lawyers (other than those recommended independent lawyers referred to above) and such lawyers; or
      (b)the Host; or
      (c)the Hosts recommended independent lawyers

       

      causes undue delays or acts unreasonably resulting in a dispute, Raffall will:

      (d)award in favour of the Winner, then as per the Raffall Guarantee, the Winner will receive compensation amounting to 75% of the Total Proceeds; or
      (e)Subject to clause 11.5 if a competition has multiple Prizes and one of the Prizes is disputed then the compensation will be divided equally between each Prize. Each Winner that disputes their Prize will receive 75% of their share of the Total Proceeds.

3. Completion

   1. The Property transfer may take up to sixty days from the Draw Date.

4. Warranties

   Host’s Warranties
   1. 1. The Host warrants to the Winner that, each Host Warranty is true, accurate and not misleading on the date of Property Contract.
      2. Each of the Host Warranties is separate and, unless otherwise specifically provided, is not limited by reference to any other Warranty or any other provision in the Property Contract.
      3. The Host does not require the consent of any third party to transfer the Property.
      4. The Host Warranties are as follows:
         1. The Host is solely legally and beneficially entitled to, and have a good and marketable title to the Property.
         2. The Host has all requisite power and authority, and have taken all necessary action, to enable them to enter into and perform the Property Contract and all agreements and documents entered into, or to be entered into, pursuant to the terms of the Property Contract.
         3. The Host is in possession and actual occupation of the whole of the Property on an exclusive basis, and so far as the Host is aware no right of occupation or enjoyment has been acquired or is in the course of being acquired by any third party, or has been granted or agreed to be granted to any third party.
         4. The Host is solvent and able to pay their debts as they fall due.
         5. So far as the Host is aware there is no circumstance that has occurred to render or could render any transaction affecting the Host’s title to the Property liable to be set aside under the Insolvency Act 1986.
         6. The Property is (or will be on Completion) free from:
            (i)any mortgage, debenture, charge (whether legal or equitable and whether fixed or floating), rent charge, lien or other right in the nature of security; and
            (ii)any agreement for sale, estate contract, option, right of pre-emption or right of first refusal and there is no agreement or commitment to give or create any of them.
   Winner’s Warranties
   1. The Winner warrants to the Host that, the Winner has taken all necessary actions and has all requisite power and authority to enter into and perform the Property Contract and each of the other documents to which she is a party in accordance with their respective terms.
      Raffall Warranties
      1. Raffall makes no warranties or representations to any other party to the Property Contract.
      2. Raffall makes no warranties or representations in relation to:
         (i)the market value or the purchase price of the Property; and
         (ii)the stamp duty or any tax payable by any other party to the Property Contract in connection with this transaction or the Competition.

Section 4: Glossary and Definitions

1. This glossary applies to the Competition Conduct Conditions and the Real Estate Conditions.

2. The laws of England and Wales apply to the Terms and Conditions and YOU, WE, the Host, the Entrant and the Winner all submit to the jurisdiction of the Courts of England and Wales.

3. Wherever it makes sense

   1. singular words can be read as plurals, and plurals as singular words;
   2. a “person” includes a corporate body;
   3. words of one gender include the other genders;
   4. references to legislation are to that legislation as it may have been modified or re-enacted by the date of the relevant competition or the Property Contract Date (as applicable); and

4. Where the following words appear in small capitals they have the specified meanings: