Fair Exchange - Terms & Conditions
Last updated: September 2013
THE OFFICIAL TERMS & CONDITIONS OF FAIR-EXCHANGE.COM AND ITS SUBSIDIARY WEBSITES.
- NO PURCHASE NECESSARY TO ENTER
- Fair Exchange is operated by PDV Limited. We are members of the Direct Marketing Association and are registered with the Office of the Information Commissioner under the Data Protection Act. We adhere to all privacy and prize promotion legislation. Should you have any concerns at all you can contact PDV Limited at Customer Services, PDV Limited, 64 Clarendon Road, Watford, Herts, WD17 1DA.
- Participants agree to abide by the terms of these Official Rules which are final on all matters pertaining to Fair-Exchange.com and its subsidiary sites, constituting the whole agreement between participants and PDV Limited. Fair-Exchange.com and its subsidiary sites are governed exclusively by the laws of England. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant and the Sponsor in connection with Fair-Exchange.com, shall be governed by, and construed in accordance with the laws of England, without giving effect to any choice of law or conflict of law rules or provisions (whether of England or of any other jurisdiction), that would cause the application of the laws of any jurisdiction other than of England. Time shall be of the essence of these Official Rules as regards any time, date or period referred to.
- Winners further grant to PDV Limited the irrevocable right but not the obligation to use and publish their proper name and the town and/or county of their postal address online and in print, or any other media, in connection with Fair-Exchange.com. Acceptance of any prize constitutes irrevocable permission for PDV Limited and their advertising and promotional agencies to use winner's name and likenesses for advertising and promotional purposes without additional compensation unless prohibited by law. By entering, participants release and hold harmless PDV Limited, their respective parents, subsidiaries, affiliates, directors, officers, employees and agents from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with Fair-Exchange.com or any prize won or any publication or use of winners' names and likenesses and addresses as aforesaid.
- Fair-Exchange.com offers Prize Draws both operated by PDV Limited and by its advertiser partners. The use of the information that you provide will be made clear in both instances. Your personal details will not be passed on to advertisers without your express permission.
- When you register your details (your real first name, last name, postal address, e-mail address and other relevant information) you agree to have those details validated, receive advertiser and prize draw offers and questionnaires by e-mail.
- You can change ALL your choices and personal details at any time by logging-on to the Fair-Exchange.com site and clicking on ‘My Profile’.
- Advertiser and prize-draw e-mails will be sent to you via our 'Fair-Exchange' brand. Each email is clearly marked as coming from 'Fair-Exchange' and includes a link to unsubscribe from further emails (please allow 3 working days for full removal). You'll also receive Fair-Exchange Newsletter emails that will update you with what’s going on the site (new prizes, winners’ details, new services, etc…). If you no longer wish to receive any of these emails you will have to unsubscribe from these separately to the advertiser emails sent from 'Fair Exchange'.
- When you register your details for the first time, you will receive your first FAIRPOINT. You can earn additional FAIRPOINTS by responding to emails and completing questionnaires Details & conditions will be posted on the Fair-Exchange.com site or delivered to you via email.
- You can spend your FAIRPOINTS for Rewards if you have earned sufficient FAIRPOINTS.
- In the event that you choose to spend your FAIRPOINTS for a reward all postage and packing will be covered unless we specifically say otherwise in the promotional terms. Please allow 28 days for delivery (in order to allow for unforeseen events beyond our control such as postal strikes, low stock or acts of God). Fair Exchange will, however, endeavour deliver your reward much faster than that.
- Winners will be notified by e-mail at the e-mail address provided within their registration. It is the sole responsibility of each participant to ensure that these details are kept updated and PDV Limited accepts no responsibility for any failure on the part of any participant in this or any other respect.
- PDV reserves the right to amend these Terms & Conditions, the rules or cancel Fair Exchange, any of Fair Exchange’s subsidiaries and any of its prize draws at any time without prior notice.
- The latest Terms & Conditions will be kept on Fair-Exchange.com at all times.
- Unless otherwise stated, Fair-Exchange.com and its subsidiary sites are only open to residents of the UK aged 16 or over.
- An individual can only have one account with Fair Exchange. The name of the account will be the individual's valid email address. Entrants cannot share an account. Anyone entering any invalid or false details will be disqualified from winning and be liable for any costs incurred by PDV Limited, its partners or associates.
- Account details must be kept up to date and accurate in order for PDV Limited to contact you.
- Persons connected with Fair Exchange, its subsidiary sites, PDV Limited or any of its sponsors, advertisers or suppliers are ineligible to enter the draw.
- Terms and conditions of third parties also apply where that third party fulfils a prize (PDV Limited is not responsible for the fulfilment of these draws).
General Prizes & Winners:
- All prizes are subject to availability. Should any prize be unavailable, have a long delivery period and/or waiting list, a prize of similar value or specification will be substituted. If no suitable* prize can be found a cash alternative will be provided, at the discretion of PDV Limited. *For example: winners below the age of 18 will not be able to collect a prize that is or includes alcohol.
- A random generator process selects entrants eligible to enter the prize draws.
- PDV Limited accepts no liability for unclaimed prizes, the processing of account details or unconsidered entries, due to any technical failure(s) or failures otherwise.
- No other prizes will be awarded. No substitution or transfer of prizes. Taxes are the responsibility of winners.
- Winner's details will be posted on the Fair-Exchange.com site and displayed in emails.
- Where necessary, winners are required to take part in promotional activities. PDV Limited will endeavour to pre-warn a winner of such activity, where the winners name, image or likeness is used. PDV Limited can revoke prizes if reasonable level of co-operation is not forthcoming.
- Grand Prize winners must respond to notification by e-mail or registered postal mail within 28 days of the notification being sent by registered mail (the "Notification Period") or the prize will be forfeited. Grand Prize winners will be required to execute and return a witnessed Affidavit of Eligibility and Liability/Publicity Release the form of which will be supplied by PDV Limited ("PDV Ltd." or the "Sponsor"), the sponsor of the site, within the Notification Period. Non-compliance within the Notification Period will result in disqualification. As a condition of claiming the Grand Prize, winners will also be required to provide satisfactory proof of identity, age and residency. This may include evidence such as a passport, a photo driver's licence, and utility bills and it will be matter for the sole discretion of PDV Limited to determine whether such satisfactory proof has been provided. The identification and contact details provided must match those currently held on our database. It is the sole responsibility of each participant to ensure that these details are kept updated and PDV Limited accepts no responsibility for any failure on the part of any participant in this or any other respect.
- Note that winners of any Fair-Exchange game will only ever be notified (and their prize winnings paid) by PDV Limited or Data Locator Group Limited and never by any third party. You will NEVER be asked to make any payment in order to claim a cash prize from us.
- The winning numbers for our games are automatically generated by a Random Number Generator and the processes are all fully audited. Winners are contacted via automated email by our Prize Claim Team (using the contact details held in the ‘My profile’ section of Fair Exchange) as confirmed in our Terms and Conditions. Please ensure that you keep this section updated with any changes to ensure that you receive your prize. The results from our audited system are final in all instances.
- Fair Exchange reserves the right to allow game entries from other websites; this means that the prize winner might be an ‘indirect member’ of Fair-Exchange.com.
Win £50 Prize Draw Terms and Conditions:
- The Prize Draws is run by PDV Limited in conjunction with a number of companies and websites including www.fair-exchange.com.
- The Prize Draws are open to all UK residents over 18 except for employees of PDV Limited and DM PLC, their families and anyone else who is professionally associated with this draw. No purchase necessary. The promotion is a prize draw, which is open to anyone who completes a survey.
- The Prizes are (a) “£50 to spend at Mothercare”; (b)“£50 to spend at Tesco”; (c) “£50 to spend at B&Q”; (d) “£50 to spend at Argos”; (e) “£50 to spend at IKEA”; (f) “£50 to spend at TK Maxx”; (g) “£50 to spend at Superdrug”; (h) “£50 to spend at ToysRUs”; (i) “Simpsons fun pack”; (j) “50 DVDs”; (k) “Ugg Boots”. Please note that this prize draw is in no way associated with any of the above mentioned brands or companies or their partners. There are no runner-up prizes. A cash alternative will be offered which is equivalent in value to £50.
- No other alternatives to the prizes will be offered and the prize is not transferable.
- The winning entries will be randomly selected on 31st December 2013 and overseen by an independent adjudicator and their decision will be final and binding.
- The winners will be notified by post and/or by telephone before 31st January 2014.
- The name and location of the prize winners will be available after 31st January 2014 to those sending a stamped addressed envelope marked ‘Results’ to PDV Limited, 64 Clarendon Road, Watford, Herts, WD17 1DA.
- The prizes will be provided by PDV Limited.
- If a cash alternative is selected, each £50 prize will be paid as a lump sum by cheque. If the prize is not claimed by 28th February 2014, the draw will be held again, and the prize awarded to the winners of the second draw.
- The promoter reserves the right in its sole discretion to disqualify any individual that corrupts or affects the administration, security, fairness, integrity or proper conduct of this prize draw.
- The winners agree to the publishing of their name and photograph for the purpose of publicity.
- The prize remains the property of PDV Limited until a winner is notified in writing and the winner has accepted the prize or the cash alternative.
- In the event of a winner being unable to accept the prize, upon agreement from PDV Limited, he/she can nominate a family member or partner to accept the prize on their behalf.
- The prize is to be despatched by first class post within 30 days of the winner being notified.
- Any queries and comments should be directed to email@example.com or by writing to PDV Limited, 64 Clarendon Road, Watford, Herts, WD17 1DA. The promoter accepts no responsibility for entries lost, damaged, delayed or unreadable. The judges' decision is final and no correspondence will be entered into.
- PDV Limited, reserves the right to substitute the prize for another prize of its choosing which has a value the same or greater than the original prize, in the event of circumstances outside its control. The prize is subject to availability and change.
- By entering our free prize draws you agree to receive further information regarding Fair-exchange.com and the services we provide.
- By participating in the survey and submitting your information, respondents are agreeing to receive marketing offers from Fair-exchange.com and/or its sponsors/partners.
- The inclusion of branded prizes in PDV Limited's prize draws, in no way means that these brands are endorsing PDV Limited or its surveys at any time.
- Entrants acknowledge that their entries may be released or displayed to the public by PDV Limited or any agency connected with the prize draws and assign all rights necessary for promotion, publication or of such entries to PDV Limited. Winners agree to grant PDV Limited or any agency connected with the prize draw the right to use their name and likeness for advertising and publicity purposes without any additional compensation.
- All copyright remains the property of PDV Limited.
- Entrants agree to be bound by these terms and conditions.
- Entry into the draw will be deemed to constitute acceptance of these terms and conditions.
Game Specific Prizes & Winners:
Fair Exchange offers a range of games – as such, each game has unique prizes and rules. Where there are any exceptions or additions to our general Terms & Conditions, they are highlighted below:
The Daily Draw Extra, Fantasy Five-a-Side and Matchbox:
- The Grand Prize funds for The Daily Draw Extra, Fantasy Five-a-Side and Matchbox are £10,000 each. There are no runner-up prizes and no substitution or transfer of prizes. Further details of prize draw terms and conditions apply and can be found here. The Grand Prize will be awarded as a single cash payment. Winners will be notified by e-mail and also by Registered Post and they must respond by e-mail or registered post within 21 days of notification or the prize will be forfeited.
- Every card is a potential winning card with a prize of £50.
- The prize fund is payable when you reveal twelve winning symbols.
Game Specific Terms:
Fair Exchange offers a range of games – as such, each game has unique terms and conditions. Where there are any exceptions or additions to our general Terms & Conditions, they are highlighted below:
The Daily Draw Extra, Fantasy Five-a-Side and Matchbox:
There are no special ScratchandMatch Terms & Conditions outside of Fair Exchanges General Terms & Conditions.
FairPoints – Terms & Conditions of Use:
- FAIRPOINTS is a reward programme operated by PDV Limited through its Fair Exchange marketing activity.
- By enrolling in or using the FAIRPOINTS programme, you agree that you have read these Terms and Conditions and will conform to them.
- Through the FAIRPOINTS programme, members may earn FAIRPOINTS for enrolling in the programme, taking advantage of point-earning opportunities on the programme or other third party web sites, reading and responding to offers from participating advertisers and partners by e-mail, supplying personal data via questionnaires and by complying with the terms of offers within the programme.
- FAIRPOINTS have no monetary value and may be spent only on rewards as offered through the FAIRPOINTS programme at the time of redemption.
- PDV Limited reserves the right to vary or limit the number of FAIRPOINTS available, the point spending levels and the specific awards within the programme.
- FAIRPOINTS will be subtracted from a members account immediately when redemption is submitted. Once used to claim a reward, FAIRPOINTS will not be re-instated to a members account.
- Unredeemed FAIRPOINTS will expire on December 31st of the second year following the year in which they were earned. Example: If not redeemed, FAIRPOINTS earned in October 2006 will expire in December 2008.
- All FAIRPOINTS are allotted at Fair Exchange’s discretion.
- FAIRPOINTS may not be transferred to other individuals (members or otherwise), pooled together, bartered or sold.
- PDV Limited makes no warranty with regard to any products, services or rewards obtained by members through the FAIRPOINTS programme or through the programme advertisers or third parties.
- PDV Limited neither endorses the contents of advertisements or third party web sites, nor assumes responsibility or liability for the accuracy of information contained therein, or for any infringement of third party intellectual property rights there from, or any fraud or other crime facilitated thereby.
- PDV Limited will not be responsible or liable for any delay or failure to credit FAIRPOINTS in the event of a delay in the provision of necessary information from advertisers or partners.
- PDV Limited reserves the right to suspend or terminate the membership of any member of the FAIRPOINTS programme who appears to be acting in a manner inconsistent with the programme’s Terms and Conditions.
- PDV reserves the right to change, amend, suspend or discontinue the FAIRPOINTS programme at any time. Notification of such change to be posted on the appropriate PDV Limited web sites for a period of at least 30 days prior to the change.
By registering with Fair-Exchange.com, all participants agree to be bound by these Official Rules that shall be final and binding in all respects. The Official Rules will be posted at Fair-Exchange.com throughout the promotional period and PDV Limited reserves the right to change the Official Rules at any time in such manner as it alone thinks fit. PDV Limited. reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the web sites, to be acting in violation of the Official Rules, or to be acting in an ‘unsportsmanlike’ or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person, it being a matter for the sole discretion of PDV Limited to determine whether such disqualification is justified.
CAUTION: ANY ATTEMPT BY A PARTICIPANT AND/OR ANY OTHER PERSON OR PERSONS TO DELIBERATELY DAMAGE ANY WEB SITE AND/OR UNDERMINE THE LEGITIMATE OPERATION OF FAIR-EXCHANGE.COM IS OR MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE PDV LIMITED RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT AND/OR PERSON OR PERSONS TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitations on Liability: PDV Limited is not and shall not be held responsible for any incorrect and/or inaccurate information, whether caused by web site users and/or by any of the equipment and/or programming associated with and/or used in Fair-Exchange.com or by any technical or human error which may occur in the processing of entries to Fair-Exchange.com or otherwise. PDV Limited. is not and shall not be held responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft and/or destruction and/or unauthorised access to, and/or alteration of, entries. PDV Limited. is not and shall not be held responsible for any problems and/or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of e-mail and/or participants on account of technical problems and/or traffic congestion on the Internet and/or at any web site or combination thereof, including injury or damage to any participants or to any other person's computer related to and/or resulting from participating or downloading materials in or in connection with Fair-Exchange.com. If, for any reason, Fair-Exchange.com is not capable of being operated as planned, including by reason of infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, and/or any other causes beyond the control of PDV Limited which corrupt or affect the administration, security, fairness, integrity and/or proper conduct of 'Fair-Exchange.com'. PDV Limited reserves the right at its sole discretion to cancel, terminate, modify and/or suspend 'Fair-Exchange.com' or elements that make-up 'Fair-Exchange.com'.
To the extent permissible by law, PDV is not and shall not be held responsible for the non-cash prizes or their quality, suitability or fitness for purpose. PDV Limited only acts as agent for the supplier of the non-cash prizes. This does not affect your statutory rights.
Fair Exchange is operated by PDV Limited. We are members of the Direct Marketing Association and are registered with the Office of the Information Commissioner under the Data Protection Act. We adhere to all privacy and prize promotion legislation. Should you have any concerns at all you can contact PDV Limited at Customer Services, PDV Limited, 64 Clarendon Road, Watford, Herts, WD17 1DA. Also contact us by fax on 01923 231 657or firstname.lastname@example.org.