terms-and-conditions
1. Changes and amendments:
The entire document is new (07/06/2021), thus if you have not already, you must ready the entire document before accepting.
2. Welcome to FunGiraffle.com!
These terms and conditions outline the rules and regulations for the use of FunGiraffle.com Ltd's Website, located at FunGiraffle.com.
By accessing this website, you accept these terms and conditions. Do not continue to use FunGiraffle.com if you do not agree to take all the terms and conditions stated on this page.
Signing up to FunGiraffle.com, Hosting or participating as a contestant is done on the basis that you accept all terms and conditions. Users cannot sign up, compete, or host competitions on our platform without accepting these terms and conditions, at every occasion.
FunGiraffle.com reserves the right to amend or fully change these terms and conditions at any stage, so it is important that you (the reader) familiarise yourself with these terms and conditions before every acceptance. FunGiraffle.com will notify you by e-mail every time we make any amendments to these terms and conditions via the e-mail you provide us on sign up or any updated e-mail you provide at any point.
These Terms and Conditions are governed by English law, and by accepting them you are subject to the exclusive jurisdiction of the courts of England and Wales.
Terminology
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements:
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FunGiraffle.com Ltd, website, platform |
The website in question itself, and the company that maintains this website. |
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Prize Competitions, Competitions |
Skill based competition, that requires correct answer of a quiz question to partake. |
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Seller, host |
The seller is the user that hosts the raffle. Any user can host a raffle. This definition refers to you (the reader) when you meet this description.
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Reliable Host |
An experienced seller that has met the following criteria: Hosted at least 1 competition Number of cancels in a row is less than the cancel rate (currently cancel rate = 3) (cancel rate may change). This definition refers to you (the reader) when you meet this description. |
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Ticket Owner, Contestant |
These are the users that buy the tickets. Only regular users can buy tickets (and not the Super User or RCU’s). This definition refers to you (the reader) when you meet this description.
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Reserve, reserve price
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The reserve price is the expected value to the seller from a raffle. This price in most cases will be automated by a product search (product value * reserve multiplier), and in the cases the product cannot be found, will be input manually by the seller and reviewed by admin.
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Default |
When ticket earnings of a raffle reach the reserve price, but the seller chooses not to award the prize.
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Cancel, Cancelation |
When ticket earnings of a raffle do not reach the reserve price, so the seller chooses not to award the prize.
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Award, Awarded Prize |
When a competition prize has been delivered to the winner (and not cancelled or defaulted).
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Users, rational agent |
All agents that have registered an account on FunGiraffle.com. This definition refers to you (the reader) when you meet this description. |
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Registered Charity User, RCU |
Users signed up as a registered charity. This definition refers to you (the reader) when you meet this description. |
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Ticket earnings |
The funds gathered from the sales of a raffle’s tickets.
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FG Charity, FunGiraffle Charity |
The chosen charity by funGiraffle.com. This can be changed by admin users.
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Stars |
The star rating will be shown on users’ profiles and on the raffle descriptions. This is a measurement of how experienced and reliable the seller is.
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Wallet |
Ticket earnings and purchases will be taken from the user’s online wallet. They can deposit or withdraw from their wallet at any time. £5 minimum deposit. £10 minimum withdrawal.
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Deposit Limit |
This is the self-imposed limit users set. Once set a user cannot amend unless approved by admin. |
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Reserve Insurance |
The reserve insurance will allocate the seller 10% of ticket earnings if they seller cancels. This is not applicable to users first raffle, or if their number of cancelled raffles (in a row) reaches the cancel rate. The reserve insurance will be re-activated after 1 awarded raffle.
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Successful Ticket |
A ticket that has equal chance of being selected the winner in its allocated competition. |
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Prize |
The product or service being offered in a competition. |
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Dispatch Option |
This refers to the sellers choice to allocate the competition as delivery or collection only. |
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Parties |
All agents affected by these terms and conditions including you (the reader), contestants, seller and FunGiraffe.com |
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Pre-question |
The quiz question required before each purchase of competition tickets. |
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of England. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
3. Subject to Change
1. Though we reserve the right to change or amend any aspect of these terms and conditions, this document specifies certain figures (e.g. time frames) that are “subject to change”. The main purpose is to find the best standards that maximise value for all parties including sellers and contestants.
2. We will inform you of any amendments made via the most update e-mail you have provided to FunGiraffle.com.
4. Your (the reader’s) Responsibility
The terms and conditions assume that all FunGiraffle.com users are rational agents, and as rational agents will not only read but fully understand these terms and conditions and take reasonable precautions when taking part in any aspect of this website.
A reasonable precaution entails (but is not limited to):
1. Seeking advice where necessary
2. Limiting the amount of money deposited to their website wallet to an amount they can afford to lose
3. Set a reasonable (affordable) daily deposit limit
4. Keeping their log-on details safe and secure
a. Not sharing your log on details with anyone
b. Updating(changing) your password every 3 months or whenever recommended by the website.
5. Monitoring your e-mail account associated with your fungiraffle.com account.
6. Ensuring the credentials, you provide are accurate and up to date.
7. Ensuring that you only take part in FunGiraffle.com competitions if you are within a country and region that permits these activities.
8. Ensure that your bank provided permits deposits and withdrawals to our website.
A rational agent will read the terms and conditions and in doing so will understand the below to be true:
· We are a prize competition site and do not allow “raffles” to be hosted on our site (see section 6. Regulatory Compliance).
· Purchasing a ticket does not guarantee the prize will be won by the ticket owner (see section 10. Structure of a Competition).
· All tickets within a competition has the same probability of winning (see section 10. Structure of a Competition).
· The probability of any 1 successful ticket winning is directly proportional to the total number of successful tickets sold in said competition at the time the competition timer expires (see section 10. Structure of a Competition).
· The owner of a winning ticket is guaranteed either the prize listed in the competition, or 80% of ticket sales (12. Distribution of Ticket Earnings).
o This is determined by the seller defaulting, cancelling, or awarding the prize (see section 10. Structure of a Competition).
· FunGiraffle.com’s preference is to reduce cancelations/defaults and increase awarded prizes.
o Reducing defaults and cancelations will be achieved through disincentives and penalties for sellers who default and cancel (see section 10. Structure of a Competition)
In taking part in any aspect of FunGiraffle.com without taking reasonable precautions, you (the reader) remain fully liable for anything that is a direct result of your ignorance of these terms and conditions.
5. Regulatory Compliance
We are NOT a “raffle” website. Though the term “raffle” may be associated with our branding, for marketing and search engine optimisation purposes, we do NOT allow users or ourselves to host raffles, lotteries, tombolas or sweepstakes on our platform.
We are a prize competition site. Every entry into all competitions hosted on our platform requires contestants to compete by answering a quiz question, randomly drawn from our question bank. Only admin users have access to our existing question bank, and to amend said question bank.
These questions will “deter a significant proportion of those who wish to enter from doing so”, or “prevent a significant proportion of those who do enter from winning a prize” (detailed in section 14(5) of the Gambling 2005 here)
To ensure that the above criteria is met FunGiraffle.com will monitor the number of potential contestants these questions filter and amend the question bank to ensure these requirements are met.
6. Signing-up
1. Users cannot host or compete in FunGiraffle.com prize competitions without having a registered account.
2. All users must provide on sign-up:
a. Proof of ID
b. Name
c. D.O.B.
d. (For registered charity users) charity number
3. All users must read and accept these terms and conditions on sign-up.
7. FunGiraffle.com Wallet
1. Every user will be given a wallet that will default at £0 on initial sign-up.
2. Any ticket earnings gained from hosting competitions, and from winning defaulted/cancelled competitions, will be deposited into your FunGiraffle.com wallet.
3. Wallets are unique to you and cannot be shared.
4. Funds cannot be transferred between wallets.
8. Linking a Bank Account
1. Funds will only be withdrawn from the bank account linked to your account.
2. Funds will only be deposited to the bank linked to your account.
3. You can change your bank details once submitted, but you are only permitted to have one bank linked to your FunGiraffle.com account.
4. You must be the account holder of the bank account.
5. There is a £5 minimum deposit limit.
6. There is a £10 minimum withdrawal limit.
7. You do not require to register a bank account to sign-up to FunGiraffle.com, but you will not be able to compete in any prize competitions without having the funds in your FunGiraffle.com wallet to purchase a ticket.
8. You can host competitions without a registered bank account, but you cannot withdraw any funds you gain from your wallet without having a registered bank account.
9. It is your responsibility to ensure the bank details provided are up to date and accurate.
10. FunGiraffle.com is not liable for any funds that go missing due to incorrect or out of date bank details.
11. FunGiraffle.com is not liable for any missing funds after the funds have been transferred.
10. The structure of a competition
1. The competition will start once the seller submits the competition (and if applicable), once fungiraffle.com approves the competition.
2. Contestants are then required to answer a quiz question before purchasing a ticket.
3. There is no limit to how many tickets any 1 contestant can purchase, and no limit to how many tickets can be sold for a competition.
4. All tickets have equal chance of winning the competition.
5. The raffle will end only when the competition expires (or if fungiraffle.com ends the competition early due to these terms and conditions being breached)
6. Once the competition has ended, 1 unique ticket will be randomly selected.
7. The selection process is completely random and cannot be controlled by anyone; including FunGiraffle.com admin users and the developers who created the randomisation program.
a The randomisation program was developed by our third party developers Code and Create (https://codeandcreate.co.uk/), and was programmed in JavaScript, using the language’s in-built randomisation function.
8. There are 4 competition outcomes that can occur.
First: Cancelation - The reserve set by the seller is not met, and the seller is given the option to cancel the raffle. If they choose to cancel, the seller is not obligated to award the prize. The winner is compensated either 80% of ticket earnings or a full ticket refund (whichever is higher).
Second: Reserve not met & prize awarded - The reserve is not met, and the seller is given the option to cancel the raffle. If the seller chooses to award the raffle, then the host is obligated to distribute the prize to the winner.
Third: Default – The reserve is met, but the seller refuses to award the prize. In this scenario the winner will be awarded 80% of ticket earnings. The seller will receive nothing and be penalised (see section x.x) (there is no incentive for a seller to ever default).
Forth: Awarded – The reserve is met and the seller distributes the prize as expected.
9. In the second and fourth scenarios, where the seller awards the prize to the winner:
Collection Competitions: The winner will be given the collection address and both parties will be given each other’s contact details (telephone and e-mail) to arrange collection.
Delivery Competitions: The seller will be given the delivery address of the winner. Both parties will be given each other’s contact details (telephone, e-mail), to discuss delivery requirements. The seller will provide a tracking number to FunGiraffle.com and to the winner. If a tracking number is not provided, then in the cases where the winner denies they have received the prize, FunGiraffle.com may not release any ticket earnings to the seller.
(Additional info on collections and delivery in section 13. Dispatch Options).
10. If there are any disputes on the quality or condition of the prize, or any disputes regarding delivery, a case will be submitted and reviewed by admin for resolution. (More information in section 17. Missing Damaged, Undelivered Prizes and Collection Disputes).
11. Once the winner confirms on their profile they have received the prize, or 2 weeks (time period subject to change) have passed then the correct proportion of ticket earnings will be distributed to the seller (see section 16. Ticket Earnings Distribution)
a 2-week timer starts when the tracking number has been confirmed (for all delivery competitions) or from when the competition ends (for all collection competitions).
11. Hosting a competition
1. To host a competition, you must:
a. not be located, physically or by proxy, in a jurisdiction in which it is unlawful to compete in, or host a prize competition
b. be of at least 18 years of age
c. be a registered user with FunGiraffle.com, having provided all required personal information and identification.
d. Set the dispatch option (see section 13. Dispatch Options)
2. By hosting a prize competition, a participant confirms that they are eligible to enter under these terms and conditions.
3. Hosts are responsible for providing accurate information about the prize competition including:
a. the title of the competition.
b. the description of the prize.
c. Prize delivery/collection options.
d. Images of the prize (minimum 1).
e. the price per ticket.
f. the date and time the prize competition will end.
g. The selected charity.
h. The percentage of ticket sales that will be donated to the charity (1% to 90%).
4. FunGiraffle.com reserves the right to default any competition at any time without reason.
5. Prizes must not include any item that can be categorised into the prohibited items (see section 12. Prohibited Items)
6. Prizes consisting of a cash payment (including bank transfer), or a share of the ticket earnings are not permitted.
7. FunGiraffle.com does not guarantee that any ticket will be sold.
8. The seller takes full responsibility to promote and sell tickets for their competitions
9. FunGiraffle.com retains the right to post any competition on any platform or advertise to any extent, without required permission from the seller.
12. Prohibited Items
Anything that can be categorised into the below are prohibited from being listed as prizes on FunGiraffle.com.
1. Alcohol
2. Weapons or accessories (including ammunition)
3. Drugs or Medication
4. Crypto currency
5. Live animals
6. Counterfeit items
7. Stolen goods
8. Pornography
9. Illegal services
10. Illegal items to possess or sell
Any competition that lists prizes that can be categorised into the above will be automatically defaulted by admin, with 0% of ticket earnings distributed to the seller. Additionally, depending on the severity of the offense, the seller may be given a warning, suspension, banned from the site, or reported directly to the appropriate authorities.
13. Dispatch Options
1. When hosting a competition, the seller must choose weather the prize is “delivery”, or “collection only” before listing the competition.
2. Once the dispatch option is chosen, and the competition timer starts, the dispatch option cannot be changed.
3. If the competition is “delivery”, then the seller will be given the winners most up to date address available by FunGiraffle.com.
4. It is your responsibility that the address saved to your account is up to date and accurate.
5. FunGiraffle.com is not responsible for any inaccurate delivery information.
6. FunGiraffle.com is not liable for any loss of items as a result of incorrect delivery information.
7. If the seller does not send the prize to the correct address for the winner listed on FunGiraffle.com, resulting in the prize being lost, a case will be open and some or all ticket earnings may not be distributed to the winner.
8. The winner has 2 weeks (time frame subject to change) from when the tracking number has been confirmed (for all delivery competitions) or from when the competition ends (for all collection competitions) to inform FunGiraffle.com they have not received the prize. If we do not receive any notice from the winner that they have not received the prize after 2 weeks (time frame subject to change), then we will assume that the prize has been received and the relevant ticket earnings will be distributed to the sellers FunGiraffle.com wallet.
9. If the competition is “collection”, the winner will be given the collection address. The collection address will be the sellers address provided on sign up (or when changed if updated).
10. FunGiraffle.com is not responsible for any inaccurate collection information.
11. FunGiraffle.com is not liable for any transport costs in any scenario.
12. It is your responsibility to ensure your address saved against your account is accurate and up to date.
13. FunGIraffle.com will always recommend taking any necessary precautions when collecting or receiving a prize from a seller. You should treat all sellers and winners as strangers and prepare accordingly. FunGiraffle.com cannot ensure your safety against other users of the platform.
14. Prizes
1. The prize for each competition is set by the host, and cannot be changed once a competition has begun.
2. If the reserve price is met, the host agrees to transfer the prize to the winner randomly selected by FunGiraffle.com on completion of the prize competition.
3. If the reserve price is not met then the host can opt to transfer the prize to the winner randomly selected by FunGiraffle.com. Alternatively, they can opt to cancel the prize competition without transferring the prize.
4. If the host cancels or defaults, then 80% of ticket earnings are awarded to the winner
a. Provided that the cost of a ticket, for the competition in question, owned by the winner is less than potential winnings.
b. If the above caveat is not met, then the winner will receive a full refund deposited to their FunGiraffle.com wallet.
5. The prize is non-negotiable and non-transferable.
6. In order to claim the prize;
a. for collection competitions: the winner and seller will be connected to discuss handover of the prize.
b. For “delivery” competitions, the seller will provide the tracking number to FunGiraffle.com and the winner.
7. Prizes must not include any item that can be categorised into the prohibited items (see section 12. Prohibited Items)
8. Prizes consisting of a cash payment (including bank transfer), or a share of the ticket earnings are not permitted.
15. Charities
1. Where the host is not a registered charity user, hosts must agree to give part of the host’s ticket earnings to a registered charity. The minimum donation being 1% of total ticket sales.
2. FunGiraffle.com will automatically pay the selected amount to the charity the seller chooses.
3. The options of charities to choose from may vary and, in the case where one is not chosen the designated FunGiraffle charity will be chosen as default.
4. Where the host is a registered charity user hosts must agree to give all of the host’s proceeds from a competition to their associated registered charity.
5. Registered Charity Users
a On sign up there may be a delay whilst Admin approves the creation of your account
b To become a registered charity user you must be registered with on the Charity Commission and searchable via https://register-of-charities.charitycommission.gov.uk/charity-search
c We will ask for you charity commission charity number to confirm
d Any ticket earnings gained via hosting raffles as a registered charity user can only be deposited directly to the bank account owned by said charity
e Registered charity users cannot compete in competitions.
16. Ticket Earnings Distribution
1. Competitions hosted by regular users
a. Awarded competitions
1. 90% (minus chosen percentage to a charity) to the seller
2. Chosen % to the chosen charity (minimum 1%)
3. 10% retained by FunGiraffle.com
b. Cancelled competitions by reliable host
1. 9% to the seller
2. 1% to the chosen charity
3. 80% to the winner
4. 10% retained by FunGiraffle.com
c. Cancelled competitions by non-reliable host
1. 1% to the chosen charity
2. 80% to the winner
3. 19% retained by FunGiraffle.com
d. Defaulted competitions
1. 1% to the chosen charity
2. 80% to the winner
3. 19% retained by FunGiraffle.com
2. Competitions hosted by registered charity users
a. Awarded competitions
1. 95% to the registered charity
2. 5% retained by FunGiraffle.com
b. Cancelled competitions by reliable host
1. 15% to the registered charity
2. 80% to the winner
3. 5% retained by FunGiraffle.com
c. Cancelled competitions by non-reliable host
1. 5% to the registered charity
2. 80% to the winner
3. 15% retained by FunGiraffle.com
d. Defaulted competitions
1. 5% to the registered charity
2. 80% to the winner
3. 15% retained by FunGiraffle.com
3. Any ticket earnings distributed to FunGiraffle.com or the chosen charity are non-refundable.
a. This applies only to regular users, registered charity users cannot select a “chosen charity” as their ticket earnings go directly to the charity registered under their account.
4. The percentage of ticket earnings to be allocated to the chosen charity for awarded competitions and cancelled competitions by reliable hosts are determined by the seller when setting up the competition.
5. The percentage of total ticket earnings to be distributed to charity in the above scenarios changed be reduced once the prize competition has started.
6. Ticket Earnings will be distributed to each party at the time set below:
a. Winner: Once the competition is cancelled or defaulted by the seller or the site.
b. Seller/RCU: Once the winner confirms they have retrieved the prize, or after 2 weeks (length of time subject to change) has passed without confirmation from the winner
1. 2-week timer starts when the tracking number has been confirmed (for all delivery competitions) or from when the competition ends (for all collection competitions).
c. Chosen charity: When the competition ends
d. FunGiraffle.com: When the competition ends
7. FunGiraffle.com retains the right to retain any ticket earnings if we suspect the Terms and Conditions have been breached.
17. Missing, Damaged, Undelivered Prizes and Collection Disputes
1. FunGiraffle.com is not eligible if the prize has been damaged or has gone missing at any stage.
2. If the prize has been damaged or gone missing whist with the currier the obligation is with the seller to resolve this with the currier.
3. FunGiraffle.com recommends that all items shipped via a third-party currier has been insured with the currier.
4. All prizes shipped with a third-party currier requires a tracking number to be provided to FunGiraffle.com and to the winner.
5. FunGiraffle.com recommends that all sellers take time stamped images of the prize before dispatching or collection to aide in any disputes on quality or condition of the prize.
6. If the prize is collection only, and the winner refuses to accept the prize, the responsibility is on the winner to submit their dispute to FunGiraffle.com within the 2-week window (time frame subject to change). Once this Window closes the ticket earnings will be distributed to the seller.
7. Once a dispute has been open, all ticket earnings to the winner and seller will be held in escrow by FunGiraffle.com until resolution is confirmed.
8. It is the responsibility of the seller to be available for collection of the prize at any time in the 2 weeks after the close of the competition.
9. It is not acceptable to claim you are unavailable in this 2-week window, and any evidence suggesting you are postponing collection to after these 2 weeks may result in a suspension, ban and/or ticket earnings being withheld.
10. The prize is not refundable or exchangeable. The 80% of ticket earnings (dependant, see section 12. Ticket Earnings Distribution) compensation is only in the cases of cancelation, default, or in some cases to resolve a dispute. 80% of ticket earnings is not a choice; and any evidence to suggest the winner is refusing the prize to benefit from dispute compensations may result in suspension, ban and/or revoke of any prize and ticket earnings.
11. FunGiraffle.com is not responsible for the condition of the prize, even if the prize has been misrepresented in the competition details. However, in disputes relating to the condition of prizes, and based off all evidence provided by the seller and winner, we may;
a Give a warning, suspend, or ban the seller if the evidence suggests they have misrepresented the quality or condition of the prize.
b Withhold distributing of some or all of the ticket earnings to the seller.
c Compensate the winner with a portion of the ticket earnings.
12. Every dispute will be dealt with by FunGiraffle.com on a case by case basis and resolutions may vary.
13. FunGiraffle.Com will aim to be consistent and fair to all sellers and winners in every dispute, however; the conclusion of each case will be decided by FunGiraffle.com and the result final.
14. Every case will be recorded, and past disputes may be a contributing factor in our final decision on how to resolve the dispute.
18. Competing in a Competition
1. To be eligible to enter in a competition, contestants must answer the pre-question correctly (the difficulty of this pre-question may vary).
2. If this question is answered incorrectly, the contestant will not be entered in the competition.
3. If the contestant answers the question correctly, the contestant can then choose how many tickets they want to purchase for that competition.
4. Once the contestant confirms their order their FunGiraffle.com wallet will be deducted the value of the ticket/s.
5. If the contestant’s wallet has insufficient funds, the user will be given a choice to amend their order or to deposit funds to their wallet.
6. If the user is redirected to deposit funds to their wallet, they can return to the ticket purchasing page without having to re-take a pre-question.
7. Once ticket purchase is confirmed the contestant will be given a unique URL, which will link to the same competition. For every additional ticket purchased by other users using this URL will award the original contestant 1 extra free ticket to that competition (maximum of 5 free tickets per contestant, per competition, this number is subject to change).
8. By purchasing a ticket, all participants agree to these Terms and Conditions.
19. Eligibility to Compete
1. To enter a competition, you must:
a not be located, physically or by proxy, in a jurisdiction in which it is unlawful to compete in a prize competition,
b be of at least 18 years of age and;
c a registered user with FunGiraffle.com, having provided all required personal information and identification.
2. By entering a prize competition, a participant confirms that they are eligible to enter under these terms and conditions and eligible to claim the possible prize.
3. FunGiraffle.com reserves all rights to remove any contestant from any competition at any stage of the process if we suspect the contestant is not eligible or is in breach of these terms.
4. Only users with an account on FunGiraffle.com that have accepted these terms and conditions are eligible to participate in competitions on FunGiraffle.com.
20. Winners
1. The selection process is completely random and cannot be controlled by anyone; including FunGiraffle.com admin users and the developers who created the randomisation program.
a The randomisation program was developed by our third party developers Code and Create (https://codeandcreate.co.uk/), and was programmed in the JavaScript, using the language’s in-built randomisation function.
2. On the closing date FunGiraffle.com will send an email to the winner using the email address associated with their account. FunGiraffle.com is not responsible for confirming this email is correct. It is the responsibility of each participant to check if they are the winner of a prize competition on FunGiraffle.com
a If 2 weeks have passed without confirmation, the relevant funds will be dispatched to the seller automatically.
1. 2-week timer starts when the tracking number has been confirmed (for all delivery competitions) or from when the competition ends (for all collection competitions).
3. Once the winner is chosen it cannot be altered. Even if the winner refuses to accept the prize.
4. All tickets are in the ‘Your Tickets’ section of FunGiraffle.com whether they are winning tickets or not.
5. From here the prize will either be delivered or collected from the winner. This is dependant on the dispatch options listed on that specific competition. The dispatch options for all competitions are public knowledge and should be known by all competitors before purchasing a ticket. (see section 12. Dispatch Options)
6. Once the winner confirms receipt of the prize, or the 2-week timer has passed, the host’s portion of the ticket earnings will be transferred to the host’s FunGiraffle.com wallet.
a If the winner informs FunGiraffle.com that the prize was not received within 2 weeks of the close of the competition, FunGiraffle.com will contact the host directly to mediate. No funds will be released to the host until the situation is resolved satisfactorily for the competition winner and seller.
21. Offensive or Abusive Behaviour
1. Offensive and abusive behaviour is strictly prohibited, and offenders may be given a warning, suspension, banned from the site, or reported directly to the appropriate authorities.
2. All reported offenses caused by users will be recorded, and repeat offenders may be given stricter punishments without warning.
3. Review of offensive or abusive language will be done by admin and punishment may be implemented without warning or explanation.
4. If we deem the offense to be minor, we will provide as much detail and explanation as we believe appropriate, to avoid similar offenses happening in future.
5. Offensive or Abusive Content includes (but is not limited to):
a Racial slurs
b Swearing
c Threats of any kind
d Discrimination
e Hate speech
f Sexist comments
g Homophobic comments
6. The above applies when written in $ ¥ Ⓜß01$ (symbols) and any foreign language.
22. Cookies
We employ the use of cookies. By accessing FunGiraffle.com, you agreed to use cookies in agreement with the FunGiraffle.com Ltd's Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
23. License
Unless otherwise stated, FunGiraffle.com Ltd and/or its licensors own the intellectual property rights for all material on FunGiraffle.com. All intellectual property rights are reserved. You may access this from FunGiraffle.com for your own personal use subjected to restrictions set in these terms and conditions.
24. You must not:
· Republish material from FunGiraffle.com
· Sell, rent or sub-license material from FunGiraffle.com
· Reproduce, duplicate or copy material from FunGiraffle.com
· Redistribute content from FunGiraffle.com
This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Terms And Conditions Generator and the Privacy Policy Generator.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. FunGiraffle.com Ltd does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of FunGiraffle.com Ltd,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, FunGiraffle.com Ltd shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
FunGiraffle.com Ltd reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
· You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
· The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
· The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
· The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant FunGiraffle.com Ltd a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
25. Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
· Government agencies;
· Search engines;
· News organizations;
· Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
· System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
· commonly-known consumer and/or business information sources;
· dot.com community sites;
· associations or other groups representing charities;
· online directory distributors;
· internet portals;
· accounting, law and consulting firms; and
· educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of FunGiraffle.com Ltd; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to FunGiraffle.com Ltd. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
· By use of our corporate name; or
· By use of the uniform resource locator being linked to; or
· By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of FunGiraffle.com Ltd's logo or other artwork will be allowed for linking absent a trademark license agreement.
26. iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
27. Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
28. Your Privacy
Please read Privacy Policy
29. Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
30. Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
31. Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
· limit or exclude our or your liability for death or personal injury;
· limit or exclude our or your liability for fraud or fraudulent misrepresentation;
· limit any of our or your liabilities in any way that is not permitted under applicable law; or
· exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.