Terms and Conditions

1. This prize draw (the “Prize Draw”) is an online service provided by Submission Technology Ltd (“Us/We/Our”), whose registered office address is Heritage House, 34 North Cray Rd, Bexley, Kent DA5 3LZ, e-mail info@submissiontechnology.co.uk, website http://www.submissiontechnology.co.uk (Information Commissioner’s Office registration number Z7981900)

2. The Prize Draw enables providers of goods and services (“Participating Retailers”) to promote and offer them (“Participating Retailer Goods/Services”) for sale online to you in conjunction with certain rewards (“Prize Draw Entries”).

3. Participating Retailer Goods/Services are available online as part of the Prize Draw through certain websites all of which are operated by Us for Ourselves (for example, Someonewillwin) and for third parties with their branded look and feel (collectively “ Partner Service”).

4. Registration to the Someonewillwin website is free of charge. All registrations to Someonewillwin will automatically receive TEN free entries into each FOUR prize draws. Additional entries in The Prize Draw involves the payment of commission to Us by Participating Retailers in respect of your Approved Transactions for which We credit you with additional prize draw entries as detailed on the Someonewillwin website.

5. Upon registration you will be provided instructions on how to activate your account and upload a photograph. Failure to do so renders your prize draw entries null and void. (Photos must be a true likeness of the registered individual and must not contain nudity).

6. Upon registration you are required to install our messaging software “Entry Tracker”, this software operates as a tool to advise of winner’s, assist with prize draw entries, notify users of participating retailers offers and provide easy access to users account. Failure to install or future removal of this software tool renders existing prize draw entries null and void and prevents us from tracking future prize draw entries.

7. Submission Technology asserts that the ‘Entry Tracker’ software only performs the functions described above and does not install any additional software (commonly referred to as spyware).

8. You agree and provide us with unlimited license for us to publish your name and photograph automatically on our ‘winners page’ and for this information to be used for any other publicity purposes (including advertising and press releases etc).

9. “Approved Transactions” are only those that are tracked transactions between you and Participating Retailers concluded via the Partner Service; and made in accordance with these Rules, the terms of any Participating Retailer's promotion and any other terms and conditions applicable to the use of the Partner Service; and confirmed by the Participating Retailers as no longer capable of being cancelled by, credited to and/or refunded to you, whether in whole or in part.

10. Without in any way limiting or exemplifying what may not qualify as Approved Transactions the following shall specifically not qualify as Approved Transactions: transactions made when you have more than one Account concurrently in existence; transactions in respect of which you have not initiated transaction tracking; transactions in respect of which the data necessary to enable prize draw entries to be credited to your Account has been corrupted, damaged or lost; transactions, which are or which We reasonably believe are conducted by you with a purpose which is unethical and/or intended to obtain prize draw entries dishonestly and/or in a manner contrary to the spirit or letter of these Rules.

11. You understand that regardless of the Partner Service through which you participate in the Prize Draw your contractual relationship is with Us, your personal data will be controlled and processed by Us as well as Participating Retailers necessary for the purposes of performing Our obligations to you under the prize draw and shall be shared by Us with Partner Services through which you participate whilst you are a participant in the prize draw.

12. To enjoy the prize draw, you must register through the website of a Partner Service under your proper legal identity and in doing so you agree to abide by all of these terms and conditions which shall govern your use and enjoyment of the prize draw and are referred to below as the “Rules”.

13. We shall be entitled to amend these Rules from time to time, and shall notify you of any changes, following which your continued use of the Prize Draw shall be subject to these Rules as amended.

14. You are only eligible to join and continue to take part in the Prize Draw if you are over 18 years of age, have your permanent place of residence at an address in the UK and maintain with Us a valid and subsisting email address. Your email address will be used to send you regular member’s offers. You will be given the option to opt-out of receiving these members newsletters. You warrant to Us that whilst a participant in the Prize Draw all of the information you provide in connection with it shall be at all times true and correct to the best of your information, knowledge and belief.

15. When you complete an Approved Transaction, resulting in the payment of commission to Us by Participating Retailers then you will be entitled to prize draw entries in accordance with the terms of the Participating Retailer's promotion.

16. Unless otherwise specifically stated, You should assume that the calculation of prize draw entries where the offer is based upon a number of entries per pound spent excludes postage and delivery costs and the VAT element of a sale.

17. We will use reasonable endeavours to ensure advertised additional participating retailers Prize Draw entries are correct. We are not responsible for incorrectly advertised Prize Draw allocations.

18. Your failure to correctly follow any required instructions or conditions may result in no additional Prize Draw entries being credited to your account for which you will have no recourse against Us, Partner Services or Participating Retailers.

19. You accept that in some cases there may be a delay or failure to credit additional prize draw entries to your Account due to a Participating Retailer's failure to provide information to Us. Whilst We shall use reasonable endeavours to recover credits for non-tracked transactions We shall have no responsibility or liability for such delay or failure.

20. Whilst many Participating Retailers report sales within a few days of an Approved Transaction being completed, some do not report them to Us until their returns period has expired. In the event that you completed an Approved Transaction in full compliance with all associated conditions and the additional Prize Draw entries are not pending as a credit to your Account then in order to resolve it your only option is to open a ‘missing transaction’ support ticket on Our website as a result of which We will then attempt to make recovery from the Participating Retailer. However, We make no warranty or representation and offer no assurance or guarantee that the draw credits will be credited to your account as a result. We cannot support ‘missing transaction’ support requests where the transaction occurred more than 90 days ago.

21. Transactions that are marked with a pending status in your account are awaiting final confirmation from the retailer. This is an automatic process and there is little we can do to expedite the process. We will not accept support tickets on pending transactions until they have aged a minimum of 120 days and no older than 180 days.

22. You are not entitled to additional prize draw entries in respect of Approved Transactions for which We do not receive the whole of the commission due from the Participating Retailer.

23. You are required to use the Prize Draw in an ethical manner and should accounts be used to purposefully defraud or inflate draw entries with Participating Retailers then duplicate transactions will be removed and/or your account subject to termination.

24. We are responsible for keeping your Account accurate and up-to-date in accordance with these Rules. We may adjust the balance of your Account in respect of non-payment from Participating Retailers, refunds or returned products, suspected or actual dishonesty, and/or mistakes, including but not limited to, accounting errors. You understand that running this Prize Draw can be technically complex, and that in the course of so doing information may be withheld, provided or received in good faith by any of the participants in it, which may lead to the balance of your Account being inaccurate from time to time. You and We will use reasonable endeavours to deal with and rectify Account inaccuracies, and you agree that We shall have no liability to you or any third party in respect of them, including Our inability to rectify them to your satisfaction.

25. You shall contact Us only and shall not directly contact Participating Retailers or Partner Services in connection with any aspect of the Prize Draw, whether for the purposes of raising a query, seeking further information or making a complaint/claim.

26. You are responsible for the security of your Prize Draw account, and you agree that you will not transfer it to any other person, or deliberately or negligently enable any other person to obtain the benefit of Prize Draw entries awarded to you with or without your consent and that you will keep your Account details private and secret from others.

27. Once a prize draw pot reaches its payment threshold then the website software automatically draws a winner from the entries in that particular draw. Once a draw is made then the pot for that draw ‘resets’ and starts to accumulate again for the next drawing.

28. Entries earned in a draw are good for a single draw only. Once used in a draw, entries will not be used in consideration of a future draw.

29. Prize draw winners will be paid by cheque. The cheque will be sent to the postal address identified at that time as your permanent residence in association with your Account. If you notify us that a cheque has been mailed to an incorrect address because we were unaware of your change of address then we may re-issue a cheque to you and in that event reserve the right to deduct from the amount payable an administration charge that fairly represents the cost to Us of cancelling and re-issuing the cheque, which in no event shall be less than £10.

30.We reserve the right to redraw a winner if the original winner has not complied with terms, had an inappropriate photograph, has failed to activate account, is outside the UK, is under 18, has duplicate someonewillwin accounts or has suspected fraudulent activity on their account.

31. Prize winning cheques sent to you will be void 30 days from the date of issue. In our sole discretion, We may elect to re-issue a cheque to you but will not do so in any circumstances, if the cheque they are intended to replace has not at that time been presented for payment.

32. YOU WILL NOT REGISTER WITH THE PRIZE DRAW UNDER ANY IDENTITY MORE THAN ONCE WITHOUT FIRST TERMINATING YOUR CURRENT REGISTRATION AND YOU WILL NOT CONCURRENTLY HOLD MORE THAN ONE ACCOUNT OPENED WITH ANY PARTNER SERVICE UNDER ANY IDENTITY. PLEASE NOTE THAT BREACH OF THIS RULE MAY AMOUNT TO AN ACT OF DISHONESTY, LEADING TO CRIMINAL PROSECUTION.

33. You may view your Account through the website with which you registered for the Prize Draw, but you are responsible for keeping the permanent record of the details of your Account. It is possible that through events of force majeure or for other reasons beyond our reasonable control We temporarily or permanently lose the data associated with your Account. You agree that We shall have no liability to you whatsoever in connection therewith.

34. Upon ceasing to be a participant in the Prize Draw your Account will be closed. In the event that your Account is closed you will automatically cease to be a participant in the Prize Draw.

35. We may do any of the following at any time without cause or liability and without your consent: (i) close your Account; and/or (ii) amend, suspend or terminate the Prize Draw, any part of it or any feature within it; and/or (iii) restrict the hours of availability of the Prize Draw; and/or (iv) limit the amount of your permitted use of the Prize Draw.

36. You acknowledge and agree that your account and all Prize Draw entries and due prize draw winnings shall be automatically voided (so that you will not be entitled to any payment in respect thereof) in any and all of the following circumstances:; (i) if We or a Partner Service through whom you registered for the Prize Draw should experience any event or process forming part of an insolvency, administration, receivership or winding up; or (ii) if for any reason, We should be unable to continue further funding of the Prize Draw, in whole or in part and whether as regards some or all participants in it; or, (iii) we terminate your Account because of a breach or suspected breach of these rules by you; (iv) if you close your Account 37. If We terminate your Account because of a breach by you of these Rules you agree that you will not seek to register with the Prize Draw again, whether using the same or a different identity to that under which you originally registered. Otherwise you may voluntarily close an Account, and re-register with the Prize Draw.

38. You understand and agree that Prize Draw entries have no value or cash equivalent, that they may not be transferred or redeemed by You with third parties (whether or not Partners), whether for cash or in kind and that they do not represent any stored value. 39. YOU EXPRESSLY AGREE THAT PARTICIPATION IN THE PRIZE DRAW IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT YOUR PURCHASE OF GOODS OR SERVICES FROM PARTICIPATING RETAILERS IS SUBJECT TO AND GOVERNED BY THEIR TERMS AND CONDITIONS OF SALE AND NOT THESE RULES AND THAT THESE RULES DO NOT AFFECT YOUR RIGHTS IN RESPECT THEREOF. HOWEVER FOR OURSELVES ONLY WE MAKE NO WARRANTY WITH REGARD TO ANY PRODUCTS OR SERVICES OBTAINED BY YOU FROM PARTICIPATING RETAILERS AND HEREBY EXPRESSLY EXCLUDE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL REPRESENTATIONS AND WARRANTIES INCLUDING AS TO TITLE, FITNESS FOR PURPOSE, MECHANTABILITY AND/OR SATISFACTORY QUALITY REGARDING GOODS AND/OR SERVICES OBTAINED FROM PARTICIPATING RETAILERS THROUGH THE PRIZE DRAW PROGRAM.

40. YOU AGREE THAT THE PRIZE DRAW PROGRAM IS PROVIDED ON A STRICTLY “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY THAT THE REWARDS PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRIZE DRAW PROGRAM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH IT. 41. WE SHALL NOT BE LIABLE FOR ANY SPECIAL INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE OR FOR ANY AWARDS OF PUNITIVE OR AGGRAVATED DAMAGES RELATING TO YOUR PARTICPATION OR INABILITY TO PARTICPATE IN THE PRIZE DRAW PROGRAMME.

42. THESES RULES DO NO AFFECT THOSE OF YOUR STATUTORY RIGHTS WHICH CANNOT BE AMENDED OR EXCLUDED IN LAW AND THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THEM SHALL BE CONSTRUED AND APPLIED ACCORDINGLY.

43. YOU SHALL INDEMNIFY AND HOLD US OUR AFFILIATES, OFFICERS AND EMPLOYEES HARMLESS FROM ANY CLAIM, DEMAND, EXPENSE OR DAMAGE (INCLUDING REASONABLE LEGAL FEES) RELATING TO YOUR BREACH OF THESE RULES, AND/OR THE TERMS APPLICABLE TO PARTICIPATING RETAILERS PROMOTIONS AND/OR THE USE OF A PARTNER SERVICE.

44. Our failure to enforce your strict performance of any provision of these Rules will not constitute a waiver of our right to subsequently enforce such provision or any other provision of them.

45. You must not use inappropriate marketing methods, (including but not limited to, sending unsolicited email, posting in newsgroups or discussion forums that do not permit advertising or using false claims in their advertising) to benefit from the Refer A Friend Program.

46. Where You refer a friend, who is not identified by the Prize Draw Program database as being referred via your original customised refer a friend link, no refer a friend bonus prize draw entries will be allocated. We are not responsible for the failure of the Refer A Friend tracking links to accurately log your referrals.

47. In order to minimise the risk of you failing to initiate transaction tracking We may but shall have no obligation to implement a software programme that will be installed on the device that you use to access the Rewards Programme. It will analyse the URLs entered into your web browser to (i) see if they match those of Participating Retailers and (ii) in the event that they do notify you of any failure to initiate transaction tracking. Its use shall be subject to the following terms and conditions:

48.We shall not be liable under any circumstances for damages of any character (including, but not limited to, direct or indirect damages resulting from the loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use the 2Entry Tracker” software.

49. The Entry Tracker software is provided under license on an "AS IS" basis, without warranty of any kind, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. In no event shall We, or any third party involved in the creation, production, or delivery of the Entry Tracker software be liable under any circumstances for any direct or indirect damages including, but not limited to, damages for loss of business profits, business interruption, incurred by the user even if advised of such damages.

50. These Rules shall be governed by and construed in accordance with the laws of England and Wales, whose courts shall have exclusive jurisdiction over any and all disputes arising out of or in connection with them.