Terms & conditions
This page tells you the terms and conditions of use (Terms) on which you may make use of our website at www.biggypank.co.uk (Site). The relevant Terms below explain how you enter the skill-based "spot the ball" time-limited games (Games) which successively feature on our Site as part of the overall competition mechanism (Competition).
Please read these Terms carefully before you start to use the Site. By using our Site (whether or not you also play any Game), you confirm that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using our Site.
1. Information about us
1.1 The Site is a site operated by Biggypank Limited. We are registered in England and Wales under company number 07027833 and have our registered office at St. Andrews House, Yale Business Village, Ellice Way, Wrexham, Wales LL13 7YL. Our trading address for correspondence and general purposes is St. Andrews House, Yale Business Village, Ellice Way, Wrexham, Wales LL13 7YL. Our VAT number is 980 0949 00.
1.2 The Competition is a prize competition which depends on the exercise of skill, judgement or knowledge. Prize competitions are defined and governed by the Gambling Act 2005. In accordance with this Act, Biggypank does not require any operating license from the Gambling Commission or from any local authority.
2. Accessing our Site generally
2.1 Permission is granted to you to use our Site by viewing it and making electronic or hard copies of any pages within it. We reserve the right to withdraw or amend the content and service we provide. On the basis of these Terms, you may also use the Site to play the Games as often as you wish or for communicating with us by email.
2.2 From time to time, we may restrict access to some parts of our Site, or to our entire Site, to all or any Site users.
2.3 We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
2.4 You will be requested to create and enter a password when you register on our Site. This will to enable you to log-in to the Site, open an account and deposit funds. You must treat such items as confidential, and you must not disclose them to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
2.5 You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.
3. Usage of our Site
3.1 The content provided on the Site and the Competition mechanism is provided on an "as is" basis and without warranties of any kind either express or implied. We do not warrant that the Site or any part of it will be uninterrupted or error-free, that defects will be corrected or that our Site or the servers connected to it are free of viruses or other harmful components.
3.2 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
3.3 Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
3.4 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
4. Games within the overall Competition
4.1 The Competition is any one of successive skill-based "spot the golf ball" Games which are open for you to enter as specified further on our Site.
4.2 You may enter any Game by making specified payments in respect of the number of "plays" you want. Such payments are inclusive of VAT. You may nominate your golf club (if it has been registered) in order for such club to receive 25% of your entry fees. Alternatively you may choose one of our nominated charities to be the recipient of such payment.
4.3 Golf clubs in the United Kingdom or the Republic of Ireland may register in the same manner as any individual Entrant. A valid entry by a club shall enable bona fide members of, or visitors to, that club to enter and play any Game. If the club has been registered as directed on the Site and nominated in accordance with Term 4.2, 25% of the entry fees shall be paid to that club. If no club has been registered, the Entrant will be invited to nominate one of the nominated charities.
4.4 In Terms 4, 5, 6 and 7 and elsewhere, the following words have the following meanings: the Entrant is you if you enter a Game; Judge means the PGA golf professional(s) who we appoint to fix the position of the golf ball in the image we place on the Site; we sometimes refer to ourselves, namely Biggypank Limited, as the Promoter; a Winner is any Entrant who wins a prize.
4.5 Where it may be appropriate, we reserve the right to limit the number of entries per Entrant depending upon the overall number of entries per Game. Further information may be given on the Site.
4.6 Before each Game begins, the Judge is presented with a computer screen monitor displaying an image of a golfer hitting a golf shot. The golf ball has been electronically removed from this image. Using his or her skill and judgement, the Judge will decide where he or she considers the position of the centre of the golf ball was before it was removed and selects this position on the screen using a mouse. The Judge will not see the selected co-ordinates as these are not displayed on the screen. This process is supervised by an independent witness and a representative of the Promoter, each having signed appropriate confidentiality and non-disclosure agreements. The co-ordinates chosen by the Judge are encrypted and stored securely until after the particular Game has closed.
4.7 If you are an Entrant, you are presented with a page on the Site containing the same image as the one seen by the Judge. Using your skill and judgement, you need to identify the co-ordinates (which are displayed on the page) which you believe match the co-ordinates the Judge has chosen as marking the position of the centre of the golf ball before it was removed. You are not trying to determine the co-ordinates of where the centre of the golf ball actually was.
4.8 Individual Games take place every four weeks throughout the year. The start and end dates are displayed on the Site.
4.9 The Winner of a relevant Game will be determined by a computer which will in the first instance determine which Entrant has chosen co-ordinates which match or are closest to the co-ordinates chosen by the Judge.
4.10 If two or more Entrants have chosen the winning co-ordinates, the prize fund will be split accordingly.
4.11 We may from time to time host "free entry" Games for promotional purposes. These Games will operate in the same way as those for which you pay to enter except that if no Entrants match the exact co-ordinates of the ball, there is no rollover so the Entrant who picks the nearest point to the actual co-ordinates of the golf ball will collect the prize. In the event of a tie, the relevant Entrants will be shown a fresh image and the Entrant selecting the closest co-ordinates to those determined by the Judge will win the tie-break and collect the prize. For "free entry" Games, there will be no cash prize; prizes may take the form of golfing products or holidays provided by a relevant third party by way of a sales promotion.
5. Your eligibility to enter the Competition
5.1 Each Game is open to all persons aged 18 and over except our employees or members of their immediate family or any other person who is connected with the creation or administration of the Competition.
5.2 By entering a Game the Entrant will be deemed to have read and understood these Terms relating to the Competition and to be bound by them and by any other requirements set out in any related promotional material.
5.3 The Competition is governed by English law and any matters relating to the Competition will be resolved under the laws of England and Wales in the exclusive jurisdiction of the courts of England and Wales.
5.4 In the event that you are playing a Game online from outside of the United Kingdom, you are deemed to confirm that you are not breaching any laws in your country of residence regarding the legality of entering our competitions. The Promoter will not be held responsible for any entrant entering any of our competitions unlawfully. If in any doubt you should immediately leave the Site and check with the relevant authorities in your country.
6. How to enter a Game
6.1 The Competition is only available on-line via the Site. To play a Game you must follow the instructions on the Site.
6.2 Submission of your details (or logging on to your account that was created for you when you first played) together with submission of your payment details, constitutes your offer to enter the Game. On account of the automated systems used by the Promoter and because of the speed these systems normally operate at, this offer cannot be withdrawn once it has been made. We will endeavour to process all entries as soon as practicable. All outstanding and completed entries from previous Games can be viewed in secure account area.
6.3 Failure by your credit or debit card company or PayPal to accept a charge by the Promoter for any reason will cancel your entry into the Game. We shall not be required to attempt to charge any credit or debit card or PayPal account more than once in respect of any entry.
6.4 Performance of our obligations under its contract with you in relation to each Game begins as soon as your entry is processed. You therefore cannot cancel your entry once it has been confirmed.
6.5 In the event of any dispute in relation to whether an email or other message was sent or received by ourselves or the contents of any such email or message sent or received by the Promoter or of any file stored on the Promoter's or its service providers' servers or on any memory stick or other device (including in relation to the co-ordinates chosen by the Judge or any Entrant), the data held by or on our behalf shall be presumed to be accurate unless an Entrant can show that it has been corrupted or altered and if so, how.
7. Notification of the Winner and prize information
7.1 The Promoter will notify the Winner as soon as practicable using the contact details held by the Promoter at the time the Winner is determined.
7.2 If we are unable, using reasonable endeavours, to contact the Winner within 4 weeks of the Winner being determined, the Winner shall lose their status as Winner.
7.3 Details of the Winner will be displayed on the Site for at least 12 months following the Winner being determined provided we have the consent of the Winner in accordance with our Privacy Policy to display his name.
7.4 A minimum of £100 is paid to the Entrant who selects the exact or nearest location of the centre of the ball in each individual Game. The prize is shared if there is more than one Winner.
7.5 The Winner gives the Promoter the right to use the name of his or her golf club for promotional purposes, both immediately after their win and in the future; Entrants warrant that they have the consent of their golf club to allow for the publication of its name on this basis.
7.6 No prize will be distributed unless we firstly receive satisfactory proof of identity and proof of age from the Winner.
7.7 The Promoter reserves the right to cancel any Game, for any reason, before the designated closing date. In these circumstances we will refund the full payment made to enter to all Entrants.
7.8 We do not accept responsibility for entries which we do not receive as a result of failures in computer systems, other malfunctions, high internet traffic, hardware failure, software failure, server faults, denial-of-service attacks, viruses or the like or any other reason. It is your responsibility to contact us if your account records are not updated following the submission of your entry.
7.9 The Promoter reserves the right to terminate any entry to any Game or reclaim any prize awarded to any Winner at any time if it is our opinion that there has been a breach of any of these Terms or Competition rules by any of the Entrants (whether discovered during or after the end of any Game).
8. Intellectual property rights
8.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it whether these relate to text, graphics, drawings, logos, photographs, video footage and sound recordings. Such works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site. You may not otherwise use, copy, reproduce, republish, upload, download, post, transmit, distribute or modify any material or redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce any software relating to the Site to any human-readable form.
8.3 You may not make any copy of the professional golfer who appears by way of endorsement of our Site; if you do so, both ourselves and our licensors or other third parties reserve all rights to initiate proceedings for any infringement of copyright, trade marks, image rights or other relevant intellectual property rights.
8.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.5 If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8.6 BIGGYPANK and the BIGGYPANK logo are our trade marks or registered trade marks. We reserve the exclusive right to make use of them and apply any registration in respect of them in any goods or services class relevant to our activities anywhere in the world. Other trade marks appearing on the Site may be our property or the property of their respective owners and all rights are reserved in respect of these.
9. Privacy
We process information about you in accordance with our privacy policy which you accept on the same basis as you accept these Terms. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
10. Our liability
10.1 We will not be liable if for any reason our Site is unavailable at any time or for any period.
10.2 Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
10.3 The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
10.4 In addition, we exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the use, inability to use, or results of the use of our Site or any websites linked to it and any materials posted on it.
10.5 We further exclude, without limitation, our liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if this loss is foreseeable. This Term 10.5 shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out in this Term 10.
10.6 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
10.7 This Term 10 does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
11. General terms
11.1 We may revise these Terms at any time by amending this page. We expect that you will check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site.
11.2 We may transfer our rights and obligations in relation to the Competition or under these Terms to any person who acquires our business and undertaking, provided that such person undertakes to all Entrants to honour the existing obligations of the Promoter to all such Entrants.
11.3 If any provision of any of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remainder of such Term or any other of these Terms which shall remain in full force and effect.
12. Applicable law
12.1 The courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, any visit to our Site although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
12.2 These Terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
13. Any concerns?
If you have any concerns about material which appears on our Site or the way in which the Competition operates, please contact info@biggypank.co.uk.
Thank you for visiting our Site and for participating in our Competition.
