Terms & Conditions
1. Introduction to Terms & Conditions
1.1 These terms and conditions (“General Terms”) are the overarching general terms and conditions that apply to all the competitions, prize draws, votes and polls controlled by Route 39 Digital Media Limited t/a Cute Pet UK (“the Promoter”), (the “Competition” or collectively, “Competitions”, as applicable) and accessed using the relevant Promoter website per Competition (“Website”), where these should be read with, and to include, all of the other Promoter Rules or Policies applicable from time to time.
1.2 The terms “user”, “you” and “your” are used interchangeably and refer to all persons accessing the Website for any reason whatsoever, including each user who enters a Competition (“Entrant”) or votes in one (“Voter”). Accordingly, the terms “us”, “our” or “we” used refers to the Promoter or its possession.
1.3 We may change these General Terms, or our other applicable policies, at any time. You should check our Website regularly for any changes which will apply from the date that they are uploaded. For further information in relation to any applicable rules, please contact [email protected]. It is solely your responsibility to ensure that you are aware of, have read and understood any changes as and when they become applicable; and we are under no obligation to ensure that you have done so.
1.4 By using the Website or entering a Competition you agree that you have read, understood and agree to be legally bound by these General Terms and any other applicable Promoter policy or rules related to the Competitions. If you do not comply with any of these rules, we are entitled to terminate your right to use the Website, or enter or vote in a Competition.
2. Eligibility for our Competitions
2.1 The Promoter may publish separate Rules for a Competition which, if applicable, will be available on the relevant Website page, and will specify the Entrant eligibility requirements for that Competition, in addition to these General Terms and the Promoter’s other policies.
2.2 Entry to our Competitions is only open to residents in the United Kingdom, Channel Islands and the Isle of Man.
2.3 Voting is open to all however only those who live in the UK, Channel Islands and the Isle of Man and are able to vote via PayPal and credit cards (Visa, Mastercard and American Express).
2.4 Pet owners must be 18 years or older (at the time of entry) in order to enter.
2.5 Employees (and their immediate families including any live-in partner) of the Promoter, companies within the Promoter’s group of companies, and/or those associated with the operation or promotion of the Competition including without limitation the provider of the prize, are ineligible to enter or vote in any of our Competitions. Any such entries are invalid.
2.6. The Promoter reserves the right in its sole discretion to ask for evidence to verify the age, identity and/or eligibility of an entrant at any time, and to use any channels and methods available to carry out checks of any details provided. The Promoter may withhold delivery of a prize until it has received such evidence from the winner and failure to provide such evidence in a timely manner may result in forfeiture of the prize.
3. Entry and Voting Methods
3.1 Introduction: Entry into the Competition is free, via the Website by completing an online form.
Voting by PayPal or credit card costs 5p per vote, (available in vote bundles of 200 (£10), 500 (£25) and 2000 (£100)).
Those that register with the site can apply 10 free votes daily and apply bonus codes for free votes when made available.
3.2 Bill Payers Permission: In all cases, you should have the bill payer’s permission to pay for your vote. Should it be found that the bill payer has not given permission all voting data will be handed over to the bill payer.
3.3 Opening/Closing Times to Vote: Competitions are held monthly. Voting starts at midnight on the 1st of each month and ends at midnight on the last day of the month.
3.4 Voting Restrictions: Pets who reach 50,000 votes will be automatically paused until the last 7 days of the competition. There are no voting restrictions during the last 7 days of the competition.
3.5 Vote Scoring System: Those with the most votes received at the end of the competition will be judged the top 3 winners.
3.6 Vote Results: Winners are announced on the 5th of the following month.
3.7 Contingencies: In the unlikely event there is a tie, the prize will be split between the 2 entries with equal votes.
3.8 Deficient entries: In all Competitions, we reserve the right to reject any entries that are incomplete, incomprehensible, damaged or otherwise deficient. We also reserve the right to reject entries that are unlawful, indecent, racist, inflammatory, defamatory or which we consider to be otherwise harmful to the goodwill and reputation of our website and the Competition in question. We accept no responsibility for any late, lost or misdirected entries, including but not limited to, texts, calls or emails not received due to technical disruptions, network congestion or any other reason. Proof of posting of any postal entry will not be proof of our receipt of that entry.
3.9 Automated Entry: The use of any automated entry software or any other mechanical or electronic means that permits any person to enter any Competition repeatedly is prohibited.
3.10 Names: Entrants must enter Competitions using their legal name once only. We reserve the right to disqualify any entrant who uses multiple names and to require them to return any prize they may have won.
3.11 Multiple Entries: Unless otherwise permitted pursuant to any terms, no person may enter any Competition more than once and persons may not enter or participate as part of a syndicate or on behalf of any other person, syndicate, group, society or company.
3.12 Pet Ownership: Any entries must be made by the legal owner of a pet, and cannot be made by a third party unless they have written consent to do so from the legal owner of that pet.
3.13 Prize Limits: No person or persons at the same residential address may win more than one prize valued at £200 or more via any of our Competitions in any six (6) month period.
3.14 Retrospective Effect: Where an entrant or prize winner has been found to be in breach of any of the terms and conditions of a Competition and, in particular, where a person is in breach of the entry restrictions, we may still enforce our right to disqualify that person and require the return or reimbursement to us of any prize, even where a prize has already been awarded and/or actually provided to the entrant or prize winner in question.
4.1 The Top 3 Entrant Prizes:
1st place prize is £500 cash, 2nd place prize is £300 cash, 3rd place prize is £200 cash. Additional prizes as stated (if applicable).
4.2 Voter Prizes:
- 4 x £50 in cash will be awarded as a “Voters Prize” in our draw. See point 8 for further information.
- The Promoter reserves, in all cases, the right to replace the stated prizes with prizes that we consider to be of broadly equivalent value. We offer no cash alternative for non-cash prizes and prize winners must accept prizes in the form offered.
- All prize winners will be notified that they have won a prize within ten days of the closing date of the Competition via telephone, email or in writing.
Prizes will be dispatched to the winners via an independent courier service, unless otherwise stated. We will not be liable for any prizes which are lost, delayed, or damaged in the post for reasons beyond our control.
4.3 Address: If selected as a winner of a prize draw or competition, the winner must provide a UK, Isle of Man or Channel Islands address for delivery of the prize. The Promoter will not deliver to any address outside the UK, Isle of Man or Channel Islands.
4.4 Proof of Identity/Address: We reserve the right to request proof of a prize winner’s identity in the form of an identity document or driver’s licence and proof of address in the form of a utility bill. In the event that a prize winner cannot provide us with proof of identity or address reasonably acceptable to us, we may withdraw the prize and select another prize winner. This is done for authentication and security reasons.
4.5 Availability: All prizes are subject to availability, non-transferable and non-exchangeable. No cash will be awarded in lieu of that prize or part of it.
4.6 Tax: Any tax payable as a result of a prize being awarded or received will be the responsibility of the prize winner. Prize winners should seek independent financial advice prior to accepting a prize if this is a concern.
4.7 No Warranty: We make no representation or warranty in relation to prizes provided and to the fullest extent permitted by law we shall have no liability to you in relation to any prize, its fitness for purposes, merchantability or otherwise.
4.8 Currency: All stated prize values are at the supplier’s recommended retail price in pounds sterling and are correct at the time of publishing. We take no responsibility for any fluctuations in prize values. We may award cash prizes in the form of vouchers in the name of the prize winner. Any other arrangement will be at our discretion.
4.9 Sundry Costs: No additional, further or other costs or expenses are included in any prize unless stated. Any such additional costs to be incurred by a prize winner will be notified to them as applicable. Should a prize winner choose not to accept these costs, they may not receive their prize.
4.10 Bank Account: Prizes awarded in the form of cash will only be deposited into a bank account in the UK, Channel Islands, or Isle of Man. Proof of identity and validity of the bank account will be requested before the release of any cash prize.
4.11 Unclaimed Prizes:
i. All prizes must be claimed within twenty-one (21) days of our notification of winning unless otherwise stated.
ii. We reserve the right to award prizes unclaimed after this period to alternative prize winners or not to award them at all.
iii. If you call to claim a prize from a “withheld/private number” line you must provide us with your contact details, otherwise we may be unable to contact you and you may, as a result, forfeit your prize.
5. Personal Information
5.1 Information and data ("personal data") which is provided by you when you enter a Competition, will be held by the Promoter and may be used by the Promoter, and its sponsors, service providers, network operators, suppliers and contractors for the purposes of administering the Competition. Further details of how any personal data will be used are set out below and in our privacy notice and you agree to this use of your personal data when you participate in our Competitions.
5.2 Generally, we will only send you marketing messages if you indicate that you consent (e.g. by "opting-in") to receiving such messages. By opting in, you will be indicating that you consent to receiving marketing messages from us to your device in respect of similar products and services. You can avoid receiving these communications by not ticking the “Consent to Marketing Messages” box in the “my profile” section on your user account. You may opt out of receiving further marketing at any time by unticking this box or emailing [email protected] at no extra cost.
5.3 The Promoter and/or the prize provider may send personal data of Voters and/or Entrants (and where applicable, owner(s) of a winning pet) to third parties outside the European Economic Area, for the purposes of administering the Competition and by entering you agree to such transfer for these purposes.
5.4 By taking part in the Competition you agree to participate in publicity at the Promoter’s request if you are the winner. You agree that the Promoter (or any third party nominated by the Promoter) may in its sole discretion use the winner's (and if applicable their owner's) name and image and their comments relating to the prize and their experience for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid. If you do not want your name, image and/or comments relating to the prize used for future promotional, marketing and publicity purposes, please contact [email protected].
5.5 If you are the winner of a Competition you agree that the Promoter may list your name and location on the winners' page of the Website(s) and the Promoter may publish or announce your name and location elsewhere as Promoter determines in its sole discretion. If you do not want your name and location to be published by Promoter or would like reduced information published by Promoter, please contact [email protected].
6. Limitation of liability
Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate you or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up a prize, or using our Websites (including entering into or voting in a competition) except where such liability is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.
7. Ownership of competition entries and intellectual property rights
7.1 All Competition entries and any accompanying material, and any content submitted to the Promoter and/or Website will become the property of the Promoter on receipt and will not be returned.
7.2 By submitting your competition entry and any accompanying material, or adding any content to the Website, you agree to:
assign to the Promoter all your intellectual property rights with full title guarantee; and waive all moral rights, in and to your Competition entry and otherwise arising in connection with your entry or any content submitted to the Website to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
7.3 You agree that the Promoter may, but is not required to, make your entry or other content available on its Websites and any other media, whether now known or invented in the future, and in connection with any publicity of the Competition. You agree to grant the Promoter a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the Competition entry and any accompanying or associated materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the competition entry and any accompanying materials for such purposes.
7.4 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published using our Website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.5 You may not:
- access or use the Website if you are not over 13 or otherwise able to agree to these Terms and Conditions.
- to the greatest extent permitted under applicable law, make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Website, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Website or any derivative works thereof;
- distribute, license, transfer, or sell, in whole or in part, any of the Website or any derivative works thereof;
- market, rent or lease the Website for a fee or charge, or use the Website to advertise or perform any commercial solicitation; use the Website, without our express written consent, for any commercial or unauthorised purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
- interfere with or attempt to interfere with the proper working of the Website, disrupt our Website or any networks connected to the Website or bypass any measures we may use to prevent or restrict access to the Website;
- incorporate the Website or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Website in our sole discretion;
- use automated scripts to collect information from or otherwise interact with the Website;
- impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from us;
- intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- use or attempt to use another's account, service or system without our authorisation, or create a false identity on the Website;
- use the Website in a manner that may create a conflict of interest or undermine the purposes of the Website, such as trading reviews with other users or writing or soliciting shill reviews.
8. Voters Prizes
8.1 All registered voters, who have voted during that month’s Competition, are automatically given the chance to win a Voters Prize, which comprise of 4 x £50 in cash per competition.
8.2 In order to be eligible to win a Voters Prize, a voter must first register an account with the Website, this is in order for the Promoter to contact you should you win.
8.3 The winning Voters will be contacted via the mobile number entered on registration. If the winning voter cannot be reached within 48 hours of their being declared a winner of the Voters Prize, an alternative winner will be selected.
8.4 All Voters who have selected to vote via the free or the paid-for voting methods will be entered into the monthly draw.
8.5 Only correctly cast votes will be eligible for the Voters Prize lucky draw.
8.6 All votes cast will count as multiple entries in the Voters Prize draw.
8.7 The Promoter will pick 4 entries at random from the list of registered voters.
9. Tampering and other matters
If for any reason any Competition or the Website is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of a Competition and or Website , we reserve the right to cancel, terminate, modify or suspend the Competition and/or any draw/s or judging related to the Competition (including taking down the Website) and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem.
10. Termination of competition and User’s access to Website
10.1 The Promoter may vary the terms of, or terminate, a Competition at any time at its absolute discretion without liability to any contestant or other person, to the full extent permitted by applicable legislation. The Promoter will not award the prize if the Competition is terminated.
10.2 If you wish to terminate your agreement with the General Terms and with the Promoter, you may do so by deregistering your account with the Website and discontinuing the use of the Website. However, no termination will affect any party’s rights to any payments or consideration lawfully due and payable to them by another party under these General Terms at the time of termination.
11. Decisions final
11.1 All our decisions relating to the Competition and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other person relating to the Promoter’s decisions will be entertained.
11.2 Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.
11.3 Where a Competition involves voting, the accuracy of the pooled results received and published by us will be deemed to be final and binding and no correspondence discussing this will be entertained.
12.1 We make no guarantee about the availability of the Website. The Website is provided on an “as is” basis and without any kind of warranty.
12.2 The Promoter does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device or be free of bugs or viruses.
12.3 You must not use the Website to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone's race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; material that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Website, or which may expose us, the Website or its users to any harm or liability of any type.
12.4 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.
12.5 If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of these terms.
12.6 Our Website is directed to people residing in the United Kingdom. We do not represent that content available on or through our Website is appropriate for use or available in other locations.
12.7 These terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
12.8 This is a contract between us, and only you and us can enforce its terms.
12.9 Should you have any complaints or queries, please contact the Promoter at Route 39 Digital Media Ltd, International House, 142 Cromwell Road, Kensington, London, SW7 4EF, [email protected].