Terms and Conditions
Introduction
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Grail Group Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Grail Group Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Grail Group Ltd and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Qualifying Persons
Grail Group Ltd, trading as Grail Watch Club (“Promoter”, “our(s)”) operates skill-based prize competitions (the “Competition(s)”) resulting in the allocation of prizes in accordance with these Terms and Conditions and the UK Gambling Act, 2005. All Competitions are run via www.grailwatchclub.com (the “Website”).
No Infringement of Third Party Rights
To the best of our knowledge, neither the operation of Grail Group Ltd nor the products or services provided under the Grail Watch Club brand infringe upon or violate the intellectual property rights of any third party, including copyright, trademark or other legal rights.
Grail Watch Club is not endorsed by or affiliated with any other Company or Brand, including the watch Brands featured in our Competitions.
Legal Undertaking
By entering a competition, the entrant (“Entrant”, “you”, “your(s)”) agrees to have read, understood and be legally bound by these Terms and Conditions. Competitions are governed and interpreted according to English law and all disputes shall be subject to the exclusive jurisdiction of the English courts.
Competition Entry
Competitions may only be entered online via www.grailwatchclub.com. Entrants must be aged 18 or over and permanent residents of England, Scotland or Wales. Employees of our Group of Companies are not eligible to enter.
The price and number of tickets available will vary by competition and will be clearly stated at the point of entry, along with the competition closing date. Ticket sales will be capped at the stated amount, providing clear visibility of the odds of winning a prize. Any discounts applied to multiple ticket purchases will not be applied retrospectively to tickets already purchased.
In order to enter a competition; (a) select the number of tickets you require, (b) play the skill-based game, (c) confirm the number of tickets and check out securely, ensuring that all contact information you provide is correct. (NOTE: You must enter your full first name and your full surname in the relevant field; entries containing only initials will not be counted but may still be charged. If your full name is evident from your email address or past entries placed then we will endeavour to update this manually in order to count your entry, but we do not guarantee this). You will then receive an email confirming your entry and if you answered the skill-based game correctly you will be entered into the final draw. When purchasing multiple tickets you can only select one answer, which will be applied to all tickets/entries purchased within that order. If you answer the skill-based game incorrectly then you will not be entered into the final draw but you will still be charged.
Should your payment fail or be reversed then your entry will automatically be cancelled, you will not be entered into the final draw and the number of entries you reserved will become available for other players to purchase. We accept no responsibility for entries which are incomplete, delayed or not received for any other reason.
All Entrants are bound by these terms and conditions and any other requirements specified at the time of entry. We reserve the right to exclude any entry which in our opinion violates these terms or for any other reason does not comply. Excluded entries may still be charged.
SMS Discount Code
If presented with a pop-up sign up offer Users may subscribe to our SMS Mailing List in order to receive a 20% Discount Code, which will be delivered via SMS. This is an introductory offer and the code is limited to one use per User.
Earlybird Competitions
When a Competition includes an Earlybird Competition this will be communicated at launch via both Instagram and our email mailing list. In such instances, all Entrants who bought a ticket within the first twenty-four (24) hours following the Competition launch will be entered into a free draw to win ten (10) free additional tickets unless otherwise stated. The Winner will be chosen using the random number generator at www.randomdraws.co.uk and contacted via email with a unique discount code that will apply a 100% discount to ten (10) additional tickets. Should all Competition tickets sell within the first twenty-four (24) hours then the Winner of the Early Bird Competition will instead receive ten (10) free tickets to the next Competition upon its launch. Should the winner of the Early Bird Competition receive their discount code in good time (i.e. with ten (10) or more tickets remaining in the current Competition) but fail to use the code in time and the Competition subsequently sells out then the ten (10) free tickets will be forfeited and not carried into the next draw. Use of the 100% discount code for the free tickets is subject to all the same rules and entry requirements as a regular ticket purchase and if the skill-based game is answered incorrectly the Entry will not be included in the final draw.
Cancellation and Refund Policy
All entries to the Competitions are final and no refunds shall be issued at any time for any reason, other than in the event of the Promoter choosing to cancel a competition, in which case all Entrants will be refunded in full. Consumer “cooling off” periods do not apply as the purchase constitutes a contract for leisure activities with a specified end date.
Promotion periods
Competition start and end dates (“Promotion Period(s)”) will be clearly stated at the point of entry, along with the expected draw date. The competition closing date will be reached at the end of the Promotion Period or when all tickets are sold, if sooner. Promotion Periods will never be extended, though may be shortened and the draw brought forward when demand for tickets is high. If the Promotion Period ends and insufficient tickets have been sold the Promoter reserves the right to cancel the competition. Should the competition be cancelled, all Entrants will be notified via email and receive a full refund, which will not be subject to interest or any other fees or costs.
Competition judgement
The time and date of the final draw is clearly stated for each competition; typically 9pm on Closing Day. Following the closure of each competition, all eligible entries received by the Promoter within the Promotion Period will be reviewed. All Entrants that correctly answered the competition question will be entered into the final draw and the competition Winner(s) will be selected, with the number of entries corresponding to the number of tickets purchased per Entrant. All draws are random, conducted by an independent third party; www.randomdraws.co.uk and broadcast live via the Promoter’s Instagram account; @grailwatchclub.
Winner(s)
The Promoter will attempt to contact the Winner within forty eight (48) hours of the draw using the email address and telephone number provided at the time of entry. If the Promoter is unable to contact the Winner within twenty-eight (28) days of the draw, the Winner fails to claim the prize or is disqualified as a result of breaching any of these Terms and Conditions, the Winner will forfeit the prize and a second draw will be conducted to select a new Winner from the original pool of eligible Entrants. At this point the original Winner will have no further claim against the Promoter. It is the sole responsibility of all Entrants to ensure that all contact information provided at the time of entry is correct. The Promoter will not be held responsible for being unable to contact the Winner as a result of incorrect details being held.
Winners will be required to confirm their identity by providing the Promoter with a suitable form of Photo I.D. (e.g. Passport or Driving Licence) and prove that the the debit or credit card used to purchase their ticket(s) was legally theirs or they were authorised to use it by the legal owner. Failure to meet these obligations may, at the Promoters discretion, result in the Winner being disqualified and an alternative Winner selected.
Following contact with the Winner and receipt of the verification described above, the Promoter will arrange for the prize to be delivered to the Winner.
Winner’s details
The Winner’s full name will be announced publicly during the live draw, will be available upon request to any User after the draw and may be referred to by the Promoter in future marketing activity. Winners will be asked to provide or pose for photographs and videos but have the right to refuse consent. Should Winners agree to pose for photographs or videos, this material will be considered the property of the Promoter and may be used by the Promoter in future marketing activity.
Competition prizes
All prizes are delivered with UK VAT paid. The Promoter will arrange fully insured delivery of the prize to the address provided by the Winner or arrange to meet the Winner for a personal handover. Written confirmation will be provided that the prize was supplied by the Promoter to the Winner. Due to the high value nature of prizes, we recommend that suitable insurance is arranged by the Winner immediately; the Promoter cannot assist with this. Where applicable, any remaining manufacturer warranty will transfer to the Winner along with the prize. The Promoter will not provide any further warranty or assurances.
Prizes are as detailed at the beginning of each competition; no cash alternatives are available. When prizes are in stock and readily available to purchase from a UK Authorised Dealer, the UK RRP will be quoted as the “market value”. When prizes trade over the RRP on the secondary market due to being commonly waitlisted and unavailable for purchase from UK Authorised Dealers, the current secondary market value will be taken from Chrono24.com and quoted as the “market value”.
Intellectual property and acceptable use
All Content included on the Website, unless uploaded by Users, is the property of Grail Group Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
You may, for your own personal, non-commercial use only, do the following: (a) retrieve, display and view the Content on a computer screen; (b) print one copy of the Content. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Grail Group Ltd.
Prohibited use
You may not use the Website for any of the following purposes: (a) in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website; (b) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Privacy Policy and Cookies Policy
Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click here.
Availability of the Website and disclaimers
Any online facilities, tools, services or information that Grail Group Ltd makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Grail Group Ltd is under no obligation to update information on the Website.
Whilst Grail Group Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
Grail Group Ltd accepts no liability for any disruption or non-availability of the Website.
Grail Group Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Grail Group Ltd accepts no liability for any of the following: (a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; (b) loss or corruption of any data, database or software; (c) any special, indirect or consequential loss or damage.
General
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time, but will never be altered during a live competition. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Mobile Terms of Service
The Grail Watch Club mobile message service (the “Service”) is operated by Grail Group Ltd (T/A Grail Watch Club) (“Grail Watch Club”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Grail Watch Club’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Grail Watch Club through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Grail Watch Club. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to GrailWatch or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Grail Watch Club mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to GrailWatch or email [email protected].
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
Grail Group Ltd details
Grail Group Ltd is a company incorporated in England and Wales with registered number 12171358 whose registered address is 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ and it operates the Website www.grailwatchclub.com.
You can contact Grail Group Ltd by email at [email protected].