These Terms and Conditions shall regulate the contractual relationship between WinMonkey Ltd and individuals who use the website provided by WinMonkey Ltd. These Terms and Conditions shall also govern all content sent and uploaded by Members within the scope of the services at www.winmonkey.co.uk ("the Website") including E-mails, forum and instant messaging. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD STOP USING THE WEB SITE IMMEDIATELY. ONCE YOU HAVE ENTERED A COMPETITION YOU CANNOT CHANGE YOUR MIND AND OBTAIN A REFUND
The Website offers its Members the chance to win prizes through entering skill based competition(s). Members are able to enter competition(s) and compete against other Members to win prizes or real money. Information pertaining to the games that are offered, the rules and further information about game play can be found on the Website.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
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"Account"
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means collectively the personal information, Payment Information and credentials used by Users to access Competition(s) and / or any communications System on the Web Site;
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"Content"
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means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
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"Payment Information"
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means any details required for the purchase of Credits from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
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"Prize(s)"
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means any prize that WinMonkey Ltd advertises and / or makes available for its competition(s) on this Web Site;
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"Service"
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means collectively any online facilities, tools, services or information that WinMonkey Ltd makes available through the Web Site either now or in the future;
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"System"
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means any online communications infrastructure that WinMonkey Ltd makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, forums and email links;
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"The Promoter"
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means WinMonkey Ltd trading as winmonkey.co.uk
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"User" / "Users"
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means any third party that accesses the Web Site and is not employed by WinMonkey Ltd and acting in the course of their employment.
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"Web Site"
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means the website that you are currently using (http://winmonkey.co.uk) and any sub-domains of this site (e.g. subdomain.www.winmonkey.co.uk)
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"Winner"
"you", "your"
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means the winner of the competition
means the person entering, or who has entered, the Competition.
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Promoter
The promoter of the competition(s) is WinMonkey Ltd trading as winmonkey.co.uk. WinMonkey Ltd is a company incorporated in England and Wales, registered number 06779540. Registered office Queensmead Court, Bristol Road, Winscombe, North Somerset, BS25 1PR.
Qualifying Persons.
Our competitions - skill based games resulting in the allocation of prizes - (the Competitions) are open to residents of the United Kingdom aged 18 or over with a WinMonkey account, except:
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WinMonkey Ltd's employees or members of their immediate family, agents or any other person who is connected with the creation or administration of our Competition(s).
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Anyone who has more than one active winmonkey.co.uk account
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Anyone who has breached or been found by the Promoter to have attempted to breach the terms of use of the Website, the terms and conditions applicable to the opening and use of a winmonkey.co.uk Account, or the terms and conditions applicable to any competition promoted by the Promoter.
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Anyone who use's this Website for any purpose that is unlawful.
Competitions
The competitions are skill based competitions. The promoter provides its Members with the ability to enter competitions via skill based games. The Games are, in fact, games of pure skill and there is no chance element to them. Thus, when participating in a competition with other members it is your speed and skill in playing the Game that is assessed against other members. Member's scores are based on their own skill and judgement. You should familiarise yourself with each Game, by reading the rules and instructions before you play.
The cost of entering the Competition is displayed on the website in Monkey Nuts. Monkey Nuts, 'Credits', need to be purchased in advance and deposited in the players account.
Unless stated otherwise , a user can enter up to 35% of the maximum entries per competitions or 50% of winning entries in Top draw Competitions. (whichever is less)
For FREE competitions a user can enter up to 5% of the maximum entries per competition. (unless stated otherwise)
Competition Judgement
All competitions are fixed entry. The competition will end when the specified number of entries have been sold.
On the competition entry page, before acceptance, the following details are displayed
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The Prize and Recommended Retail Price
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The maximum number of entries for the Competition
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The remaining entries left before the competition closes
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The cost to enter in 'Monkey Nuts'
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The game used for the Competition
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The competition format (equal Draw/Top draw/Winner Takes All)
The three types of competition format are:
Purchasing Monkey Nuts 'Credits' and Payment
Monkey Nuts or 'Credits' have to be purchased by Users prior to entering competition(s). Only registered Users can buy packages of Monkey Nuts at the currently applicable prices, which can be viewed under "Buy Nuts" on www.winmonkey.co.uk.
Buying Monkey Nuts is only available to residents of the UK.
Monkey Nuts must be paid for in advance. The purchasing process requires Users to verify the nut package they are purchasing is the right one. Purchased Nut Packages are non-refundable and hence Users should buy only as many Nuts as they need to enter the competition(s). Payment can be made by a valid debit card or credit card.
When the Nuts are purchased and deposited into the User's WinMonkey account, a contract for the purchase of the nuts is created.
Should a Nut payment not be honoured by a user's financial institution a returned payment fee will be charged to the user to cover the additional administrative costs incurred by WinMonkey Ltd. The promoter also reserves the right to temporarily block access to an unverified user account that appears to be abusing the spirit of WinMonkey by purchasing large volumes of nuts until identification has been verified.
All types of Nuts (e.g. "free Nuts", "special offers" or "nuts purchased in bundles") have a time limit of 6 months. Upon expiration of the time limit stated, the nuts expire and can no longer be used. There will be no refund in this case. The same applies for discount codes which are issued with a time limit. All types of nuts expire in 6 months from the date of the purchase or from the date when the nuts has been credited on a user's winmonkey.co.uk user account.
How to enter
The competition is only available online at www.winmonkey.co.uk
You enter competitions via the Competitions link on the website.
By clicking 'Yes Play Now' in a particular competition, the Player simultaneously and irrevocably authorises The promoter to deduct a fixed entry fee that is declared upon creation of the particular competition. The entry fee is real money . Entry fees vary and are displayed before participation in a Competition. Upon beginning a Competition, the entry fee is deducted from the particular Member's Player Account. If sufficient funds are not available, then the Member cannot take part in the particular Competition. Because of the automated systems used by the Promoter, your entry cannot be withdrawn once it has been made.
Aborted Games: If a Player aborts a game, either purposefully or due to technical problems that cannot be attributed to The promoter, then the score that was last transmitted to winmonkey.co.uk will be counted as the result.
Closing of Competitions and Winner Notification
Competitions close when all entries have been sold. In the case of free competition(s), the competition will close on the end date listed.
The Promoter may close the Competition at any time and if the Promoter closes the Competition before the maximum number of entries have been sold, the Promoter may substitute the Prize for a cash prize equal to 90% of the total amount paid to the Promoter by Entrants to enter the Competition.
When the competition ends, the results are announced instantly and presented in your account profile. Your account can be viewed at anytime by clicking 'Account' on your profile dashboard, located at the top right of the site on every page. The winner you will also be notified by email. You do not need to take any action, the prize will be delivered free of charge to your door.
Details of the Winner will be instantly displayed on the Winners section of the website.
Prizes
Whilst every effort has been made to ensure that all graphical representations and descriptions of Prizes available on the website correspond to the actual Prizes, The promoter is not responsible for any variations from these descriptions. Where a particular brand or model name or number appears on the Website or in any such advertising or promotional material, the Prize will be that brand, model name or number but may not be identical to the item featured on the Website or in such advertising or promotional material. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Prizes, not different Prizes altogether.
The Promoter may substitute an alternative item of the same or greater value to that of a Prize should that Prize be unavailable to the Promoter for any reason
Delivery
Prizes are normally delivered within 7-14 days from when the competition closes. but please allow 28 days for delivery. In case of the Channel Islands, the Isle of Man, the Scilly Isles, Scottish Islands and BFPO please contact our customer service team for delivery timelines. Please make sure your delivery address details are up to date. We only send prizes to the registered address on your account. We cannot provide a replacement if you have moved address and failed to update your account. If there is a delay on your goods, we will contact you and will give you an expected delivery date or arrange a replacement product or cash equivalent.
If the promoter receives no communication from you, within 5 days of delivery, regarding any problems with the Prize(s), you are deemed to have received the Prize(s) in full working order and with no problems
Returns Policy
The promoter aims to always provide brand new and high quality Prizes that are fault free and undamaged. On occasion however, Prize(s) may need to be returned. Returns are governed by these Terms and Conditions.
If you receive a Prize(s) which does not match the winning prize description on your account, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 5 days to arrange collection and return. The promoter is not responsible for paying shipment costs. Replacements will be issued upon our receipt of the returned Prizes.
If any Prize(s) you have won have faults when they are delivered to you, you should contact the promoter within 5 days to arrange collection and return. The promoter is not responsible for paying shipment costs. Prize(s) must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Prizes, a replacement will be sent within 28 days.
If any Prizes develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.
If Prize(s) are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the Prize(s) have been damaged. In any event, you should report such damage to the promoter within 5 days and arrange collection and return. The promoter is not responsible for paying shipment costs. Upon receipt of the returned Prizes, a replacement will be sent within 28 days.
If you wish to return Prizes to the promoter for any of the above reasons, please contact us using the details on the contact page to make the appropriate arrangements.
The promoter reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
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Any use or enjoyment that you may have already had out of the Prizes;
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Any characteristics of the Prizes which may cause them to deteriorate or expire rapidly;
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The fact that the Prizes consist of audio or video recordings or computer software and that the packaging has been opened;
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Such discretion to be exercised only within the confines of the law.
Accounts
In order to enter competition(s) on this Web Site and to use the forums and instant messaging service you are required to create an Account which will contain certain personal details. By continuing to use this Web Site you represent and warrant that:
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all information you submit is accurate and truthful;
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you have permission to submit Payment Information where permission may be required; and
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you will keep this information accurate and up-to-date.
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Your creation of an Account is further affirmation of your representation and warranty.
It is recommended that you do not share your Account details, particularly your username and password. The promoter accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
If you have reason to believe that your Account details have been obtained by another without consent, you should contact The Promoter immediately to suspend your Account and cancel any entered competition(s) that may be open. Please be aware that competition(s) can only be cancelled whilst they are open.
Termination and Cancellation
Either The promoter or you may terminate your Account. If the promoter terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
If the promoter terminates your Account, any current Monkey Nuts 'Credits' on your Account will be cancelled and refunded.
Fundamental Rules of Use and Abuse
Abuse: Abusive behaviour on the website is prohibited. Abuse behaviour includes, but is not limited to:
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purposely entering faulty, misleading, incorrect, or incomplete information;
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opening multiple Player Accounts or opening Player Accounts without proper authorisation;
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committing, or attempting to commit fraud, especially through the use of mechanisms, software, or any script in association with the Website that is intended to interrupt the functioning of the Website, help a user achieve better results than could be achieved through the sole use of a mouse/keyboard, help the user to achieve a score that is not possible by following the game controls described by WinMonkey Ltd, or negatively influence another Player's game controls;
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purposely causing an interruption or error in order to influence a game, such as to cause the game to prematurely end;
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achieving or attempting to achieve an advantage over other Players through unfair behaviour of any kind, such as through deception, which could damage or endanger a fair competition;
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breaking any further rules or duties that are detailed in the general terms and conditions.
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Rules for Communication: It is possible for Members to contact each other. In doing so, they are obligated to only send messages that:
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are free of obvious or hidden advertisement;
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are neither subjective, intentionally false, derogatory, defamatory, immoral, nor pornographic in nature nor fulfil any other element of offense;
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are not damaging to any third parties;
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do not contain any viruses or computer programmes that could affect the function of external computers;
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are not surveys or chain letters;
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were not written with the intent to expand a certain political, ideological, or religious denomination;
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were not written with the intent to collect, save, or use personal information from users without their explicit consent, especially for promotional purposes;
Consequences of Abuse: The promoter is authorised to close and/or delete Player Accounts and end this contractual agreement without notice in cases of abusive behaviour or the suspicion of abuse. If this occurs, then competitions entries which are still open will be aborted. The promoter reserves the right to withhold funds from the abusive Player's account in compensation for damages to The promoter or third-parties.
Measures against Abuse: The promoter reserves the right to block or delete user accounts, and release information to legal courts and government agencies in the event of abusive content, statements, etc. Furthermore, The promoter reserves the right to file a report with the police.
Reporting Problems: All problems encountered during the use of our services, including those with regard to games, Player Accounts, etc., can be reported to The promoter of when the problem is encountered. The promoter deletes usage data after use, and after 90 days in accordance with data protection regulations. Because of this, problems and errors can then no longer be reviewed.
Posts / Comments: The promoter is granted the unlimited right of usage in terms of space and time for all posts submitted on the website user forum, or other information submitted to the website using the provided mechanisms for such including photographs, game comments, suggestions, etc. The user is not entitled to compensation for such.
As a Member, you consent to the use of your username, photographs and recordings to be displayed along with the prize you have won for the purpose of advertisement, press releases, release in printed media, radio, television, Internet, and otherwise be publicly made available, used, and duplicated. You have no right to compensation for such use of this data.
Intellectual Property
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of the Promoter, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by The Promoter.
Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Privacy
Use of the Web Site is also governed by our privacy policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
Disclaimers
The promoter makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
Changes to the Service and these Terms and Conditions
The Promoter reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If the promoter is required to make any changes to Terms and Conditions relating to its competition(s), these changes will apply automatically to any open or new competition(s) you enter in the future.
Availability of the Web Site
The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
The promoter accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
To the maximum extent permitted by law, the promoter accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
Nothing in these Terms and Conditions excludes or restricts The promoter's liability for death or personal injury resulting from any negligence or fraud on the part of the promoter.
Nothing in these Terms and Conditions excludes or restricts the promoter's liability for any direct or indirect loss or damage arising out of the incorrect delivery of Prize(s) or out of reliance on incorrect information included on the Web Site.
Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to help@winmonkey.co.uk Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
These terms and conditions and the relationship between you and the promoter shall be governed by and construed in accordance with the Law of England and Wales and the promoter and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.