Terms & Conditions
These terms and conditions are the standard terms for the provision of services by Flush Sporting Ltd (referred to herein as Flush Sporting, we, us or our) a limited business registered in England under number 1442490, whose registered address is 71-75 Shelton Street, Covent Garden, London. WC2H 9JQ.
Competition entrants will be referred to herein as the entrant, participant, you or your.
1. GENERAL
1.1 Each reference in these terms and conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message or other means.
1.2 Every competition will be hosted and operated by Flush Sporting Ltd.
1.3 Once you have entered the competition via www.flushsporting.co.uk you will be deemed to have read and accepted our terms and conditions.
1.3 To participate in Flush Sporting competitions, it is mandatory to submit all contact information as requested on our website. The information provided must be accurate and up-to-date, this includes a valid email address and phone number. Your information is used for the following purposes:
(i) To be able to notify the winner they have won.
(ii) To comply with our privacy policy.
(iii) To post the winner’s name on our website.
1.4 Flush Sporting will not be held responsible for any inaccuracies in the contact information provided by the entrant, which may prevent us from contacting you to notify you of a prize win or any other necessary communication.
1.5 It is the sole responsibility of the entrant to ensure that Flush Sporting has valid contact information throughout the duration of their participation in our competitions.
1.6 It is the responsibility of the entrants to be familiar with the necessary licenses required to participate in specific competitions. Information about the required licenses will be provided in the competition’s description on our website (www.flushsporting.co.uk).
2. ELIGIBILITY
2.1 Entries from directors and/or employees of Flush Sporting Ltd, or their direct families, are not permitted for any competition hosted by Flush Sporting.
2.2 Any participant entering must be over the age of 18 and carry relevant certification or licence according to the prize/experience.
3. COMPETITION ENTRY
3.1 Entrants will be able to select to enter the competition that they desire to win. Multiple competitions may be available via the Flush Sporting website at any one time.
3.2 To proceed to purchase a ticket, participants must correctly answer a multiple-choice question. However, correctly answering the question does not guarantee that the participant will win the prize.
3.3 The questions vary in difficulty; all entrants must have good knowledge and understanding.
3.4 Entrants who fail to correctly answer the multiple-choice question upon entering the competition will not be able to participate and the entry will not be submitted. No refund is available for incorrect answers that are submitted.
3.5 Entrants will then be able to enter the competition by choosing from available ticket numbers alternatively, they may wish to have the tickets auto-generated by the system.
3.6 A fixed number of tickets are available for each competition, which will not change after the competition becomes active. The competition may close before the stated closing date/time if all the tickets are sold. If all the tickets are sold, the draw will be held within a maximum of 5 days from the competition closing date.
3.7 The number of tickets for sale with each competition may vary; the figure will be stated on each competition page/description.
3.8 We have a strict policy that only 30 tickets may be purchased per person for any competition. Please do not try to purchase more than this for any one individual.
3.9 Upon entering the competition, each entrant agrees that under the Consumer Protection Distance Selling Regulations 2000, that any goods and services ordered online to be supplied within 30 days will not apply to any of our competitions.
4. DRAWING & CLOSING OF COMPETITIONS
4.1 We reserve the right to close a competition early if all the tickets have been sold prior to the closing date. Information on this and any draw dates will be shared on our website and social media pages.
4.2 If the competition closing date/time expires and less than 70% of the full ticket value have been sold, we reserve the right to take the following action(s):
i) announce the live draw and award the competition prize to the winner;
ii) award a prize equivalent to 70% of the ticket sales revenue (minus bank charges and operating costs) to the winner;
iii) extend the competition for a period of time to allow for more ticket sales. For experiences with a set date, the competition will only be extended for a fair amount of time between the draw and the prize experience date.
4.3 Details of the time and date of each live draw will be posted on our social media accounts.
4.4 There will be only one winner per competition unless we state otherwise.
4.5 The prize draw is shown live on our Instagram page (@flushsportingltd). A Google number generator is used to pick the winning ticket number, which is announced during the live broadcast.
4.6 The winner will be notified within 24 hours after the draw, and any relevant information about the prize collection will be provided in that email. Please note that any member of the public may be able to see the draw, it is not restricted to entrants or followers only.
4.7 If the winner of any competition does not respond to our email within 7 days will result in the automatic forfeiture of the prize and we reserve the right to re-draw the competition and assign the prize to a new winner. If we result in re-drawing the prize it will be done by using a verifiably random process which may or may not be shown live on our Instagram page.
5. PRIZE
5.1 Flush Sporting will transfer each prize to its winner accordingly based on the nature of the competition and its prize, such as:
i) If the prize is an item such as clothing, footwear or sporting items, these will be sent out direct from the 3rd party/promotor or available from their nearest retail outlet for collection if applicable; or
ii) Certain prizes –
a) may require you to hold certain licences/qualifications. If so, then this will be outlined on the competition page at www.flushsporting.co.uk. If in any case, the winner does not hold the necessary licences/qualifications required then they will not receive the prize and will be disqualified.
b) the item may be sent to a local prize partner/registered organisation who will need to see the original document/licence at the point of collection from their shop. It cannot be collected on your behalf; it can only be collected by the named prize winner with corresponding licences/qualifications which must also state the prize winner’s name.
c) if the prize is experience-based and therefore not physical, then we shall ensure the prize documentation is awarded to the winner and the prize partner and winner are in touch with one another to make arrangements for the experience to take place.
5.2 Prizes for specific dates/experiences will be described in the competition details. It is the entrant’s responsibility to make sure they can use the prize on the offered date. If the winner is unable to use the prize on the offered date, alternative dates are solely at the discretion of the provider. We offer no replacement prizes or refunds in this instance.
5.3 All prize experiences are offered according to the conditions and terms of the experience provider. Flush Sporting Ltd accepts no responsibility for your expectation of the event.
5.4 We reserve the right to request proof of identity and proof of entry when we contact you about a winning ticket.
5.5 You grant us the right to announce you as a winner on our website – www.flushsporting.co.uk and in regards to any marketing literature, such details may be disclosed to third parties.
5.6 The actual prize(s) to be awarded may not be identical to those depicted on our website which is intended to be only representative.
5.7 Prizes being sent to outside of mainland UK (including Northern Ireland, Isle of Man, Lundy, Anglesey, Channel Islands, Isle of Wight, Weston Isles, Orkneys, Shetlands) will incur additional delivery costs at the winners expense.
6. DISQUALIFICATION
6.1 If you are not based in the UK, you are not eligible to enter, any entry received from outside the UK will be disqualified and a refund will not be available.
6.2 Throughout all competitions Flush Sporting have the right to refuse or disqualify any participant under reasonable grounds providing an entrant hasn’t adhered to the rules or terms and conditions provided by us or acted in any way that is reasonably considered by us or our advisors or third parties to be illegal.
6.3 A participant and/or winner may be ineligible to receive the prize(s) and/or disqualified for:
(i) failure to meet all of the eligibility requirements stated in the rules;
(ii) failure to abide by these rules, our Privacy Notice and/or any other terms as set out by us or third parties involved in the competition;
(iii) failure to provide a valid email address at the time of entry;
(iv) failure to timely respond to the winner notification email within 7 days;
(v) If we or our third-party promotors or dealers are unable to verify the identity and/or verification of the winner to its reasonable satisfaction;
(vii) failure to timely complete and/or submit winner documentation and/or relevant screening and/or security check documents to full satisfaction;
(vii) the provision of false, incomplete and/or misleading information to us and/or the third party promoter/dealer or any of the other prize draw partners;
(viii) the commission of any fraud or deception in connection with any prize, including a relationship with/between us or the third-party promoter;
(ix) acting in a threatening, abusive, or harassing manner, at any time before or during the awarding of the prize(s), to the third party, promoter/dealer and/or any of its personnel;
(x) inability to timely accept the prize(s) for any reason, including, but not limited to, inability to travel to the location where the prize(s) is being fulfilled and/or delivered, and/or injury or death; and
(xi) the inability of us, a third/party, promoter/dealer to timely award or otherwise fulfil the prize(s) due to circumstances beyond our/their reasonable control, including, but not limited to, legal restrictions, acts of God, natural disasters, pandemics/epidemics, terrorism, and/or weather.
6.4 If a winner is determined to be disqualified for any reason and/or ineligible, an alternate winner will be selected using a verifiably random process from among all remaining eligible entries. This process will be repeated until the prize(s) are awarded. Any alternate winner will be notified as per the procedures outlined in these rules (time permitting).
6.5 We reserve the right to modify the winner notification and/or confirmation and verification procedures connected with the drawing of an alternative winner, if any.
7. CONTACT
7.1 If for any reason a customer wishes to contact Flush Sporting please email us at info@flushsporting.co.uk.
7.2 You can also contact us via our website at www.flushsporting.co.uk.
8. CHANGES TO THESE RULES
8.1 Flush Sporting may amend these terms (including any individual experience terms) at any time by posting the amended rules on the website, and you agree that you will be bound by any changes to these rules from the date they are published on the website. If, however, you have already entered a competition, the changes will not apply to any entries that you have already submitted, but they will apply to any future entries that you submit after the date on which the change becomes effective. The date of the last revision of these rules is included at the bottom of this page.
9. LIMITATION OF LIABILITY
9.1 Nothing in these rules excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
9.2 If we fail to comply with these rules, we will be responsible for the loss or damage the entrant suffers that is a foreseeable result of our breach of these rules or its negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by the entrant and Flush Sporting at the time that the participant entered the relevant competition.
9.3 The entrant expressly waives all rights to claim punitive, exemplary, indirect incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased.
9.4 Notwithstanding clause 9.2 and save as set out in clause 9.1, our maximum liability to you under these rules, our aggregate liability to you or any third party in any circumstance shall not exceed one hundred British pounds sterling (£100).
9.5 If for any reason, an entrants entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the entrant’s sole remedy is another entry (one entry) in a competition on our website.
10. EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
10.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic, epidemic or another natural disaster, or any other event that is beyond our reasonable control.
10.2 If any event described under this Clause 10 occurs that is likely to adversely affect our performance of any of our obligations under these terms and conditions:
i) We will inform you as soon as is reasonably possible;
ii) Our obligations under these terms and conditions will be suspended and any time limits that we are bound by will be extended accordingly;
iii) We will inform you when the event outside of our control is over and provide details of any new dates, times or availability of services as necessary as and when the 3rd party/promotor updates us.
11. CONFIDENTIALITY
11.1 To the extent permitted by law, the existence of any dispute, mediation, arbitration, any proceedings, and the outcome of such action will be treated as confidential and will not be disclosed by either party.
11.2 Any defamation whether directly or indirectly is strictly prohibited either via online or offline mediums in regard to complaints or allegations about Flush Sporting Ltd will be reported to the relevant authorities and injunctive action will be taken in regard to compensation including costs and fees.
12. DATA PROTECTION
12.1 All personal information that we may use will be collected, processed and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
12.2 For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Notice available from our website www.flushsporting.co.uk.
13. OTHER IMPORTANT TERMS
131 We may transfer (assign) our obligations and rights under these terms and conditions (and under the contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these terms and conditions will not be affected and our obligations under these terms and conditions will be transferred to the third party who will remain bound by them.
14.2 You may not transfer (assign) your obligations and rights under these terms and conditions (and under the contract, as applicable) without our express written permission.
14.3 The contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these terms and conditions.
14.4 If any of the provisions of these terms and conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these terms and conditions. The remainder of these terms and conditions shall be valid and enforceable.
14.5 No failure or delay by us in exercising any of our rights under these terms and conditions means that we have waived that right, and no waiver by us of a breach of any provision of these terms and conditions means that we will waive any subsequent breach of the same or any other provision.
15. LEGAL UNDERTAKING
15.1 By entering a competition each entrant will be deemed to have the legal capacity to do so. You will have read and understood these terms and conditions and will be bound by them and by any other requirements by Flush Sporting Ltd within any related promotional material.
15.2 Flush Sporting will not be held responsible under any circumstance for any entrant entering our competitions unlawfully.
16. GOVERNING LAW AND JURISDICTION
16.1 These terms and conditions, the contract, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
16.2 Any dispute, controversy, proceedings or claim between you and us relating to these terms and conditions, the contract, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.