TERMS & CONDITIONS USING THE APP
gotickety is a prize based quiz and puzzle game ("Game") operated by Ratchet Entertainment Ltd. (trading as "gotickety", "us", "we", "our"), a company registered in England and Wales. Our company registration number is 10877244 and our registered address is 1st Floor, 2 Woodbury Grove, Finchley, London N12 0DR Please read these terms and conditions carefully ("Terms"). They tell you ("User", "you") who we are, the rules governing Competitions and the Star Rewards Scheme, how you or we may change or end the contract, and other important information. These Terms will govern your use of the App, Competition Entries you make and your participation in the Star Rewards Scheme. By clicking "accept" when registering with the App, you agree to be bound by these Terms, and will have entered into a binding agreement with us. Each Competition and the Star Rewards Scheme are being organised and operated by gotickety. Each Competition and the Star Rewards Scheme are being conducted through the App. Detailed rules for playing the Game and how Stars are earned through the Star Rewards Scheme are available on the App and the Website.
In these Terms, the following terms will have the following meanings:- "Affiliate" means any affiliates, sponsors, companies which are linked by a commercial agreement with gotickety; "App" means the mobile application by which the Game is made available; "Calendar Year" means a calendar year commencing on 1 January and ending on 31 December; "Competition" means each Game-based competition to win a Prize and made available through the App; "Conduct Rules" means the rules set out in clause 11 specifying the standards of behaviour expected of any User; "Entrant" means a User who has entered a Competition; "Entry" means participation in a Competition; "Game Aids" means the game aid options which let Entrants reduce the number of answers to choose from or to select a new question to answer, or any other game aid that gotickety may incorporate into the Game from time to time; "Game-Play" means the period between the Opening and Closing (as defined below in clause 3.1) when Users are able to enter a Competition; "Intellectual Property Rights" means all patents, copyrights, design rights, domain names, trademarks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world; "Prize" means the prize for winning a Competition, which may include: concert, festival or gig tickets; merchandise; meet & greets; or branded products. Prizes will be specified at the point of entry into the Competition; "Reward" means a reward set out on the "Star Reward" landing page within the App which a User may obtain in exchange for Stars. Rewards may include merchandise, tickets or products; "Quarter" means each of the following periods: 1 January through to 31 March, 1 April through to 30 June, 1 July through to 30 September, and 1 October through to 31 December; "Star Rewards Scheme" means the reward system available through the App through which Users may exchange Stars for Rewards; "Stars" means the points for the Star Rewards Scheme you may earn by playing the Game and sharing the App on Facebook, Twitter, WhatsApp and Instagram; and "Website" means www.gotickety.com.
2. Eligibility Requirements
2.1 In order to participate in the Star Rewards Scheme and validly submit an Entry to a Competition, you need to:
2.1.1 supply gotickety with an accurate and valid email address and such other personal details as are requested on registering through the App;
2.1.2 be resident in the UK;
2.1.3 not be and not at any time during the past twelve (12) months be or have been an employee of gotickety, been directly associated with gotickety in any way, or had any association with a person who has;
2.1.4 not be an employee of any Affiliate;
2.1.5 comply with the Conduct Rules, and in particular, your conduct shall not at any time be fraudulent and you will not hack into the App or Website, or otherwise interfere with the proper functioning of the App or Website.
2.2 All Users who are below the age of eighteen (18) must have parental/guardian consent to enter each Competition and their parent or guardian must agree to these Terms for themselves and on behalf of the Users. By using the App, entering a Competition, or participating in the Star Rewards Scheme, each Users confirms that they have obtained such consent and agree to be bound by these Terms.
2.3 Any information submitted by you when registering through the App or submitting an Entry must be personal to you and relate specifically to you. You promise that all information which is submitted to the App by you will not infringe the Intellectual Property Rights, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. If relevant, gotickety reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you, and to refuse your registration if we consider the information you have provided to breach these Terms. We will notify you by e-mail if your registration, any Entry or attempted redemption of Stars is rejected, and you may contact us at firstname.lastname@example.org if you think your registration, Entry or attempted redemption of Stars has been rejected in error.
3. Entry Requirements
3.1 Each Competition will commence the moment it is posted in the App ("Opening") and will end when the countdown in the App has timed out ("Closing").
3.2 You may submit an Entry by selecting the Competition you would like to enter from the App and starting to play the Game. This will count as one Entry for you.
3.3 Entries will not be valid where an Entrant plays the Game using methods generated by a script, macro or the use of automated devices. Gotickety reserves the right to verify the validity of Entries and to exclude Entries it believes have been made using any automated entry techniques.
3.4 Stars will not be valid where a User plays the Game using methods generated by a script, macro or the use of automated devices. Gotickety reserves the right to verify the validity of Stars and to exclude Stars from a User's Star balance that it believes have been made using any automated entry techniques.
3.5 No purchase of any product or service is required to use the App or Website or enter any Competition or participate in the Star Rewards Scheme.
3.6 All Entries are deemed to have been received when an Entrant's completion of the relevant Game is entered into gotickety's database, and not at the time when an Entrant's completion of the relevant Game is completed in the App by the Entrant.
3.7 Subject to clause 9, gotickety accepts no responsibility for Entries that are incorrectly completed, lost, delayed or which are not received by any reason.
3.8 A computer or phone with internet access is required to use the App or Website, enter any Competition or participate in the Star Rewards Scheme. It is the responsibility of the User to ensure permission is obtained from the owner of the computer or phone and the individual who pays for the internet service. No refund may be claimed for expenses related to the use of an internet connection for the purpose of using the App or Website, entering any Competition or participating in the Star Rewards Scheme.
4. Determination of the Winner for Competitions and redemption of Stars
4.1 During Game-Play Entrants will be able to play the Game and accumulate points in respect of that Competition. A leaderboard for each Competition will be generated in the App and available for all registered Entrants to view. Entrants will be ranked on the leaderboard based on how many points they earned playing the Game. In the event of a tie, the ranking of Entrants will be determined by reference to the closest time of submission for their Entry to the Opening, with Entrants submitting closer to the Opening being ranked higher. In the event of a further tie, the higher-ranking Entrant will be the Entrant who used the fewest number of Game Aids.
4.2 As soon as practicable, but within forty-eight (48) hours of Closing, the top twenty (20) Entrants will be notified by a pop-up message in the App that they have achieved one of the top twenty (20) scores in the Game for that Competition (each a "Finalist"). All Finalists will be prompted through a pop-up button to claim the Prize within forty-eight (48) hours (the "Claim Period"). The Finalist who claims the Prize within the Claim Period and who has with the highest score in the Game for that Competition will be the "Top Finalist". In the event that the Entrant with the top score on the leaderboard claims the Prize during the Claim Period, they will immediately be declared the Top Finalist.
4.3 As soon as practicable, but within forty-eight (48) hours of Closing the Top Finalist will be prompted with a pop-up message in the App notifying them that they have won the Prize. The Top Finalist will have forty-eight (48) hours (the "Prize Period") from the date and time the pop-up message was sent to claim their Prize by sending an email to email@example.com (the "Claim E-mail"). This may include requiring the winners to prove eligibility, including, without limitation, proof of age, residence, identity, which may include, but is not limited to, a copy of proof of residence, passport and/or similar government issued identification.
4.4 If the Top Finalist of the Prize does not respond within the Prize Period, gotickety reserves the right to disqualify them. On disqualification, the Finalist with the next highest score on the leaderboard who claimed the Prize during the Claim Period will be prompted with a pop-up message in the App in the same manner and will be subject to the same requirements as set out in clause 4.3. This process will repeat until a Finalist has claimed the Prize. The Finalist who claims the Prize in accordance with clause 4.3 is the "Winner".
4.5 The number of Stars to be redeemed to obtain a particular Reward is set out on the "Star Reward" landing page within the App. When a User has accumulated a sufficient number of Stars for a particular reward, and if that Reward is still available, they may redeem those Stars to obtain the Reward (at which point the User will become a "Redeemer").
5. Prize and Reward allocation
5.1 It is the responsibility of the Winner or the Redeemer to provide any required documentation and any other legal requirements for the Prize or Reward and/or documentation required by law and/or gotickety.
5.2 The delivery details of the Prize or Reward will be determined by gotickety in its complete discretion. Details of delivery of the Prize or Reward (including but not limited to the time, date and location of delivery) will be provided to the Winner or Redeemer by e-mail in response to the Claim E-mail (the "Notification"). Return of any Notification as "undeliverable" or "failure to reply" as specified and within the Prize Period may result in disqualification and selection of an alternative Winner in accordance with clauses 4.3 and 4.4.
5.3 gotickety may require the Winner's or Redeemer's postal address, in addition to other contact information provided to facilitate the delivery of the Prize or Reward. In the event that the Prize or Reward is tickets to an event, where possible, gotickety may arrange for the Winner or Redeemer to receive an e-mail with an electronic ticket or a link to download and print off their tickets or for the Winner or Redeemer to be added to a guest list for tickets to be collected at the venue. Where tickets are collected at the venue, the Winner or Redeemer will be required to present sufficient identification to claim the Prize.
5.4 The Winner's or Redeemer's User name and location may be made available by gotickety in the App and on the Website for a limited time once the Winner or Redeemer has been selected.
5.5 The Winner or Redeemer may be required to sign and return any documents and releases reasonably requested by gotickety, prior to receiving any portion of the Prize or Reward.
5.6 Unsuccessful Entrants will not be notified. Users will not be notified in the event a Reward has been claimed.
5.7 All taxes, insurances, transfers and other expenses or deductions incurred by the Winner or Redeemer in respect of their Entry and the Prize or Stars and Reward (respectively) are the sole responsibility of the Winner.
5.8 If there is a dispute as to the validity of Entries or Stars, the identity of a Winner or Redeemer, or the conduct of Entrants or Users, the decision of gotickety will be final.
6. Prize and Stars
6.1 Entrants are only eligible to win a maximum of one Prize per Competition, but may earn Stars.
6.2 There will be one Prize awarded per Competition. What Rewards are available at a given time depends on which Rewards have been claimed by other Users. Details of the Prize for a particular Competition will be made available on the landing page within the App for that particular Competition.
6.3 All Entrants may win Stars by participating in the Competition. Details of Rewards available are set out on the "Star Reward" landing page within the App. Any Stars earned or Rewards obtained may not be transferred, bartered, sold or traded in any way. Rewards can only be claimed by redeeming Stars.
6.4 You may only redeem Stars earned in a Quarter for Rewards available in that Quarter. Immediately at the start of each new Quarter, a User's Star balance will be reset to zero and any Stars you have not redeemed will be removed from your Star balance. We will notify you that your Star balance will be reset and any Stars you have not redeemed removed from your Star balance one (1) week prior to the start of each Quarter.
6.5 We limit the number of Prizes you may win and the number of Rewards you may claim as follows:
6.5.1 There is a limit of three (3) Prize wins per User in any Calendar Year.
6.5.2 There is a limit of two (2) Reward claims per User in any Quarter.
6.5.3 Where there are multiple Rewards available of the same type, there is a limit of one (1) Reward claim per User for each type of Reward.
6.5.4 There is a limit of one (1) artist specific Prize and one (1) artist specific Reward per User in any Calendar Year.
6.6 If the Winner or Redeemer is under the age of eighteen (18), then they must nominate an adult guardian to claim the Prize or Reward on their behalf and attend the event and be responsible for the attendee who is under the age of eighteen (18) (if applicable). Proof of age will be required of the accompanying adult before the Prize or Reward will be allocated.
6.7 Prizes and Rewards are subject to availability and gotickety reserves the right to substitute any Prize or Reward for another prize of equal value (including but not limited to a Prize for a different artist, date or venue) at its sole discretion should the specified Prize become unavailable for any reason (or any part of a Prize to the extent divisible). In the event that the alternative Prize is not acceptable by the Winner, gotickety reserves the right to revoke the Prize. In the event of such rejection, no monetary fee will be offered to the Winner. In the event that an alternative Reward is not acceptable by the Redeemer, we will refund the Stars exchanged for that Reward.
6.8 The Prizes and Rewards are non-negotiable, may not be exchanged for any cash or other alternative, are not transferable, divisible, permitted to be sold or resold, or offered for sale by the Winner and are not for use in conjunction with any other promotion or offer. The Prize and Rewards cannot be replaced or refunded in the event of loss, theft or missed opportunity.
6.9 For the avoidance of doubt, all costs associated with the Prizes and Rewards including without limitation, tax, personal spending money, souvenirs, merchandise, travel insurance, transportation, sustenance, any entertainment and anything related to the Prizes or Rewards not specifically included and outlined in the definition of the Prize or Reward as set out on the landing page within the App for that particular Competition will be borne solely by the Winner.
6.10 Third party suppliers of Prizes and Rewards (including venues) may also often stipulate their own terms, conditions or restrictions and all Winners agree to be bound by these. Any Prize or Reward which is a voucher may be valid for a limited time and include additional restrictions, and Winners and Redeemers must be sure to use the voucher within this time and in compliance with such restrictions. Where the Prize or Reward is tickets to an event, certain tickets have age restrictions enforced by the promoters. The Winner or Redeemer who wins must be of an appropriate age to attend the event or they must nominate someone who is of an acceptable age to attend the event. Valid forms of identification will be required when attending all concerts. Subject to clause 9, gotickety accepts no liability for the winners not gaining entry to any event based on age restrictions.
6.11 gotickety reserves the right to refuse to provide a Prize or a Reward, or allow entry into future Competitions or continued participation in the Star Rewards Scheme where:
6.11.1 we reasonably believe that a Prize or Reward has been transferred to a third party in whole or in part;
6.11.2 the Entrant has been disqualified from any Competition within twelve (12) months of the Opening of the relevant Competition;
6.11.3 we reasonably believe that the Winner or Redeemer has not complied with these Terms; and/or
6.11.4 the individual is ineligible to participate in the Competition or Star Rewards Scheme (or if participation in either should have been refused for any reason whatsoever).
6.12 For any Reward redeemed by you, you have fourteen (14) days from the date of redemption to change your mind and return the Reward to us, and we will refund to you the Stars spent redeeming the Reward. Even within this cancellation period, you cannot change your mind for Rewards which are tickets and the event has already happened, or where you would not be able to return the tickets to us before the event happens.
7. Your privacy
8. Intellectual Property Rights and Publicity
8.1 The Entrant hereby agrees and acknowledges that they will not acquire or be deemed to acquire any ownership of any Intellectual Property Rights in the Game, Star Rewards Scheme, App or Website or any Entry by playing the Game, taking part in the Star Rewards Scheme using the App or Website, or entering any Competition.
9. Limitation of Liability
9.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
9.2 gotickety is not responsible for any loss or damage caused by any delay or failure of an postal or equivalent delivery service, or your failure to access the App or Website, including, but not limited to reasons such as: (i) failed, partial, incorrect or garbled transmissions; (ii) failure or malfunctions of third party software, hardware, servers, online systems, computer equipment, telephone or other communications infrastructure; (iii) the acts or omissions of any third party service provider; or (iv) internet accessibility, availability or traffic congestion.
9.3 gotickety will not be liable for any inability to make contact with any User due to errors, omissions or inaccuracies in the contact details provided by such User or due to technical problems preventing gotickety from obtaining accurate contact details.
9.4 Without prejudice to an Entrant’s statutory rights and, to the extent permitted by applicable law, gotickety, its agents or distributors will not be responsible or liable to compensate a Winner or Redeemer or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up a Prize or Reward.
9.5 gotickety shall not be responsible for refunding any expenditure by the Winner or Redeemer on travel or accommodation or any similar expenditure or losses incurred by the Winner or Redeemer in attending the event. Such expenditures undertaken by the Winner or Redeemer are entirely at his/her own risk.
9.6 Some Prizes or Rewards may involve tickets to an event the promise of a meet and greet with artists and/or bands. On some occasions, the artist, band or promoter of an event may cancel the event or revoke the meet and greet component of the Prize or Reward. gotickety will use its best endeavours to work with the promotor to obtain replacement tickets or to re-arrange such a meeting, but the Winner or Redeemer understands that this may not always be possible. gotickety will bear no burden for any costs or expenses outlaid by the Winner or Redeemer in pursuance of such a promise, and will not be held responsible for any refund or replacement of tickets.
9.7 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
9.8 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded by law.
9.9 You must compensate us if you break these Terms. If you break any of the promises you make pursuant to these Terms, you will compensate gotickety for any losses, damages, liability, expenses or costs resulting from your breach of these Terms.
10.1 We will provide you with access to the Game, Competitions and the Star Rewards Scheme through the App until either you or us end our contract in accordance with these Terms.
10.2 You can always end your contract with us or withdraw from a Competition or the Star Rewards Scheme by e-mailing us at firstname.lastname@example.org or within the App.
10.3 We may stop providing (collectively or individually) the App, Website, Competitions or the Star Rewards Scheme at any time. We will notify you in advance of our ceasing to make each or all of the App, Website, Competitions or Star Rewards Scheme available.
10.4 We may end the contract or withdraw you from a Competition or the Star Rewards Program, or exclude you from future Competitions, where you break these Terms in a significant way. gotickety reserves the right at its absolute discretion to disqualify Users that do not comply with these Terms or the spirit of them, or any User who it reasonably believes has interfered with the fair running of any Competition or the Star Rewards Scheme. Where a Winner has been selected or Redeemer redeemed Stars and gotickety discovers, or has reasonable grounds to believe the Winner or Redeemer has breached these Terms or attempted to defraud gotickety, gotickety reserves the right to select an alternative Winner on the same criteria as those used in respect of the original Winner or revoke the Reward.
10.5 Events may occur that render a Competition or the Star Reward Scheme, the award of any Prize, redemption of a Reward or our continued provision of access to the App or Website impossible to reasons beyond our control. gotickety reserves the right to terminate your access to the App or Website, or cancel or amend any Competition or the Star Rewards Scheme without notice in the event of an act of God, fire, flood, drought, explosion, sabotage, accident, embargo, riot, machine or communications network failure, civil commotion or civil authority or any actual or anticipated breach of any applicable law or regulation or any other event outside gotickety's reasonable control. In such a situation we will notify you by e-mail that we are going to stop providing the App or Website, or cancel a Competition or the Star Rewards Scheme.
11. The Entrant's Obligations
11.1 You promise not to:
11.1.1 use the Website or App (or any part thereof) for any illegal purpose and agree to use it at all times in accordance with all relevant laws;
11.1.2 upload or transmit through the App or Website: (i) any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; or (ii) any material, including without limitation, any comments which are defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance or inconvenience to any other User or any third party;
11.1.3 use the App or Website in a manner which: (i) may cause the accessibility or functionality of the App or Website to be interrupted, damaged, rendered less efficient or in any way impaired; or (ii) violates or infringes the rights of gotickety or any other person or entity (including, but not limited to, Intellectual Property Rights, rights of confidentiality and rights of privacy);
11.1.4 create or publish a hypertext link to any part of the Website if such link portrays gotickety its Affiliates, or their products or services in a false, misleading, derogatory, or offensive matter. You may not use any of gotickety's logos or proprietary marks as part of the link without gotickety's express written consent (which consent gotickety may withdraw at any time);
11.1.5 frame or use framing techniques to enclose any part of the Website or any content accessible on it without gotickety's express written consent. You will not use any meta tags or any other hidden text using gotickety or any of its Affiliates' names, logos, brands or marks without gotickety's express written consent; or
11.1.6 attempt to damage, deny service to, hack, crack, reverse-engineer, tamper with any security element of or otherwise interfere with the Website and App or any Competition in any manner or to encourage or assist another person to do so.
12.1 We may modify, add to, or amend these Terms at any time. We will notify you on the App or via email before such changes come into effect. You will be prompted to accept the updated Terms. If you do not accept the updated Terms, then you should not click "accept" or continue to use the App or the Website.
12.2 Neither Alphabet Inc. nor Apple Inc. is affiliated with Ratchet Entertainment Ltd. Neither Alphabet Inc. nor Apple Inc. is a sponsor of the competition, or supplier of the Prizes or Rewards, and the Prizes and Rewards are not Apple or Google products.
12.3 These Terms, each Competition and the Star Rewards Scheme are governed by English Law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
12.4 If we delay in enforcing these Terms, we can enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.5 If any provision of these Terms is judged to be illegal or unenforceable, the rest will continue in force. Each of the clause of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.6 Nobody else has any rights under these Terms. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.7 Any notices to be provided pursuant to these Terms will be sent by e-mail. It is your responsibility to provide an up-to-date email address to us. Notices shall be effective on dispatch by gotickety.
12.8 All artist images and names used within the App and the Website, and on gotickety promotional material , social media, video content and any other associated product of gotickety are for demonstrative purposes only. These images and/or names do not constitute an endorsement of the product by the artist or their management.
13. Contacting us (including with complaints).
13.1 If you have any questions, queries or complaints, need help or have any problems using the App or the Website, or entering a Competition or the Star Rewards Scheme, then you can e-mail us at email@example.com .
13.2 In addition, if you are a consumer, you have a statutory right to refer disputes that may occur to the EU Online Dispute Resolution (ODR) platform available here.
14. Reward Terms
Prize Winners, Claiming and Limits Overview:
gotickety has been built by fans, for fans. We want to give everyone a fair chance to try to win prizes through playing games. Below is an overview of the rules relating to the competitions that we run in gotickety:
15. Prize Limits (per user):
16. Star Reward Scheme Overview:
gotickety has installed a Star Reward scheme in-app to give users the opportunity to exchange their stars, earned through gameplay and getting new downloads, for rewards:
17. Star Reward Limits (per user):
18. Star Reset Overview:
In the interest of fairness, we RESET every users stars at the end of the quarter. This is to prevent bulk storage, which may result in users not having a fair chance to achieve the rewards that we put up on gotickety.
We will message in-app through notifications and via email to remind users when the reset date is close. However, we do not take responsibility for users not receiving these messages or for not being aware of the following reset dates:
Users will begin to collect stars from these dates and are able to redeem rewards as soon as they have enough stars to do so.
We reserve the right to change any of the above elements or remove the Star Reward scheme at any time. For gotickety’s full terms and conditions relating to use of the app, competitions and the Star Reward scheme please click here.