TERMS & CONDITIONS USING THE APP
gotickety is a prize based quiz and puzzle app 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.
Through our mobile app, you have the opportunity to enter competitions ("Competitions") to win concert, festival or gig tickets, merchandise, meet and greets, or other branded products, as specified on the landing page for each Competition (each, a "Prize"). You also have the opportunity to collect points ("Stars") by answering questions in the app and sharing the app on Facebook, Twitter, Instagram and WhatsApp. Stars can be collected and exchanged for merchandise, products or tickets ("Rewards") as part of the "Star Rewards Scheme", available in the app.
Please read these terms and conditions carefully ("Terms"). They tell 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, entries you make to Competitions 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 our app. Detailed rules for each Competition and how Stars are earned through the Star Rewards Scheme are available on our app and website.
1. Eligibility Requirements
1.1 In order to participate in the Star Rewards Scheme and enter a Competition, you need to:
1.1.1 provide us with an accurate and valid email address and other personal details that are requested on registering through the app;
1.1.2 be resident in the UK;
1.1.3 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;
1.1.4 not be an employee of any affiliate, sponsor or company with whom we have a commercial relationship;
1.1.5 be at least 13 years old (for Android app users) or 17 years old (for iOS app users); and
1.1.6 comply with our standard of behaviour rules, set out in paragraph 10. In particular, you will not partake in fraudulent activities at any time and you will not hack into the app or website, or otherwise interfere with their proper functioning.
1.2 If you are below the age of 18, you must have parental or guardian consent to enter each Competition and your parent or guardian must agree to these Terms for themselves and on your behalf. By using the app, entering a Competition, or participating in the Star Rewards Scheme, you confirm that you have obtained such consent and agree to be bound by these Terms.
1.3 Any information you provide us when registering through our app or submitting an entry must be personal to you and relate specifically to you. You promise that all information you provide will not infringe anyone’s rights, and will not contain anything that is libellous, defamatory, obscene, indecent, harassing or threatening. If relevant, we may screen, filter and/or monitor information provided by you, and may refuse your registration if we think that the information you have provided breaches these Terms. We will notify you by email if your registration, any entry to a Competition or attempted redemption of Stars is rejected. You may contact us at email@example.com if you think we have made such rejection by mistake.
2. Entry Requirements
2.1 Each Competition will start the moment it is posted in our app and will end when the countdown in the app has timed out.
2.2 You may submit an entry by selecting the Competition you would like to enter from our app and starting to participate. This will count as one entry for you.
2.3 Entries and Stars will not be valid where you use automated methods generated by a script, macro or the use of automated devices. We may check the validity all entries and Stars, and exclude entries or revoke Stars we believe have been made or earned using any automated techniques.
2.4 No purchase of any product or service is required to use our app or website, or enter any Competition or participate in the Star Rewards Scheme.
2.5 All entries are deemed to have been received when completion of the entry is entered into our database. This may be different from the time of completion in the app.
2.6 Subject to paragraph 8, we accept no responsibility for entries that are incorrectly completed, lost, delayed or which are not received by us for any reason outside of our reasonable control.
2.7 A computer or phone with internet access is required to use our app or website, enter any Competition or participate in the Star Rewards Scheme. It is your responsibility to get permission 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.
3. Selection of the Winner for Competitions and Redemption of Stars
3.1 For each Competition, you and other users will be able to accumulate points. A leaderboard for each Competition will be generated in our app and available for all registered users who entered that Competition to view. Users will be ranked on the leaderboard based on how many points they earned. If there is a tie, the user whose entry was submitted first will achieve a higher ranking. If there is a further tie, the user who used the fewest number of aids will achieve a higher ranking. Aids are options that assist users in completing an entry, such as aids that allow users to reduce the number of answers to choose from or to select a new question to answer.
3.2 As soon as possible, but within 48 hours of the closing of the Competition, the top 20 users will be notified by a pop-up message in the app that they have achieved one of the top 20 scores for that Competition (each a "Top 20 Finalist"). All Top 20 Finalists will be prompted through a pop-up button to claim the Prize within 48 hours. The Top 20 Finalist who claims the Prize within this period and who has the highest score for that Competition will be the "Top Finalist". If the Top 20 Finalist with the highest score on the leaderboard claims the Prize during this period, they will immediately be declared the Top Finalist.
3.3 As soon as possible, but within 48 hours from the end of the period in paragraph 3.2 above during which Top 20 Finalists may claim the Prize, 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 48 hours from the date and time this pop-up message was sent to claim their Prize by sending an email to firstname.lastname@example.org. To claim the Prize, the Top Finalist may have to include in their email proof of their age, residence and identity, and any other information that we may reasonably require.
3.4 If the Top Finalist of the Prize does not respond within 48 hours of the date and time the pop-up message notifying them that they have won the Prize was sent, we may disqualify them. On disqualification, the Top 20 Finalist with the next highest score on the leaderboard who claimed the Prize in accordance with paragraph 3.2 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 paragraph 3.3. This process will repeat until a Finalist has claimed the Prize. The Finalist who claims the Prize in accordance with paragraph 3.3 is the "Winner".
3.5 By participating, you and other users will also be able to accumulate Stars. The number of Stars to be redeemed to obtain a particular Reward is set out on the "Star Reward" landing page within the app. If you have accumulated a sufficient number of Stars for a particular Reward, and if that Reward is still available, you may redeem those Stars to obtain the Reward (at which point you will become a "Redeemer").
4. Prize and Reward Allocation
4.1 It is the responsibility of the Winner or the Redeemer to provide any required documentation (including copies of a proof of residence, passport and/or similar government issued identification) and to meet any other legal requirements for the Prize or Reward required by law and/or gotickety. The Winner or Redeemer, or their parent or guardian if applicable, may be required to sign and return any documents and releases reasonably requested by us, prior to receiving any portion of the Prize or Reward. We will provide prepaid envelopes for return of any such documents.
4.2 The delivery details of the Prize or Reward will be determined by us. Because of the varied nature of Prizes and Rewards, specific details of delivery for each Prize or Reward (including the time, date and location of delivery) will be provided to the Winner or Redeemer by email. Return of any such email as "undeliverable" within 48 hours from the time such email was sent may result in disqualification and selection of an alternative Winner in accordance with paragraphs 3.3 and 3.4, or the Reward being made available through the Star Rewards Scheme to other users.
4.3 We may require the Winner's or Redeemer's postal address, in addition to other contact information provided, to deliver the Prize or Reward. If the Prize or Reward is tickets to an event, where possible, we may arrange for the Winner or Redeemer to receive an email with an electronic ticket or a link to download and print off the 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 or Reward.
4.4 We are required to publish or make available information that indicates that an award of a Prize has taken place. To comply with this obligation, we may send the surname and county of major Prize winners to anyone who emails email@example.com within one (1) month after the closing date of that particular Competition. If you object to any or all of your surname or county being published or made available, please contact us at firstname.lastname@example.org . In such situations, we must still provide this information to the Advertising Standards Authority on request.
4.5 You will not be notified if you have been unsuccessful in any Competition you have entered. You will not be notified when Rewards have been claimed by other users.
4.6 If there is a disagreement as to the validity of entries or Stars, the identity of a Winner or Redeemer, or the conduct of users, our decision will be final.
5. Prize and Stars
5.1 Users are only eligible to win a maximum of one Prize per Competition, but may earn Stars.
5.2 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 our app for that particular Competition.
5.3 All users may win Stars by participating in Competitions. 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, sold or traded in any way. Rewards can only be claimed by redeeming Stars.
5.4 You may only redeem Stars earned in a particular calendar quarter for Rewards available in that quarter. Immediately at the start of each new quarter, your 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 two (2) weeks prior to the start of each quarter. Quarter dates are as follows:
5.5 We limit the number of Prizes you may win and the number of Rewards you may claim as follows:
5.5.1 There is a limit of 1 Prize win per user in any calendar quarter.
5.5.2 There is a limit of 1 Reward claim per user in any calendar quarter.
5.5.3 Where there are multiple Rewards available of the same type, there is a limit of 1 Reward claim per user for each type of Reward.
5.5.4 There is a limit of 1 artist specific Prize and 1 artist specific Reward per user in any calendar year.
5.6 If the Winner or Redeemer is under the age of 18, then they must nominate a parent or guardian to claim the Prize or Reward on their behalf and to attend the event and be responsible for the attendee who is under the age of 18 (if applicable). Proof of age will be required of the accompanying adult before the Prize or Reward will be allocated.
5.7 Prizes and Rewards are subject to availability. We may substitute any Prize or Reward for another prize of equal value (including Prize or Reward substitutions for a different artist, date or venue) if the specified Prize or Reward (or part of it) becomes unavailable for any reason. If the alternative Prize is not acceptable by the Winner, we may revoke the Prize. In the event of such rejection, no monetary fee will be offered to the Winner. If an alternative Reward is not accepted by the Redeemer, we will refund the Stars exchanged for that Reward.
5.8 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 or Redeemer 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.
5.9 You are responsible for all other costs and expenses associated with any Competition entries you make, Stars you earn, Prizes you win or Rewards you redeem, including taxes, transfers, personal spending money, souvenirs, merchandise, 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 applicable landing page within the app.
5.10 Third party suppliers of Prizes and Rewards (including venues) may also stipulate their own terms, conditions or restrictions and all Winners and Redeemers 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. Valid forms of identification will be required when attending all concerts. Subject to paragraph 8, we accept no liability for Winners or Redeemers not gaining entry to any event based on age restrictions.
5.11 We may refuse to provide a Prize or a Reward, or allow entry into future Competitions or continued participation in the Star Rewards Scheme, where:
5.11.1 we reasonably believe that a Prize or Reward has been transferred by you to someone else;
5.11.2 the user has been disqualified from any Competition within 12 months of the opening of the relevant Competition;
5.11.3 we reasonably believe that the Winner or Redeemer has not complied with these Terms; and/or
5.11.4 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).
5.12 For any Reward redeemed by you, you have 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 where the event has already happened, or where you would not be able to return the tickets to us before the event happens.
6. Your Privacy
7. Intellectual Property Rights and Publicity
7.1 You understand that you will not acquire any ownership of any intellectual property rights in the Competitions, Star Rewards Scheme, our app or website or any entry by using the app or website, or entering any Competition.
8. Our responsibility for loss or damage suffered by you
8.1 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.
8.2 We are not responsible for any loss or damage caused by any delay or failure of a postal or equivalent delivery service, or your failure to access the app or website, including, but not limited to reasons such as: (a) failed, partial, incorrect or garbled transmissions; (b) failure or malfunctions of third party software, hardware, servers, online systems, computer equipment, telephone or other communications infrastructure; (c) the acts or omissions of any third party service provider; or (d) internet accessibility, availability or traffic congestion.
8.3 We will not be liable for any inability to make contact with you due to errors, omissions or inaccuracies in the contact details provided by you or due to technical problems preventing us from obtaining accurate contact details.
8.4 Without prejudice to your statutory rights and, to the extent permitted by applicable law, gotickety, our 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.
8.5 We shall not be responsible for refunding any expenses by Winners or Redeemers on travel or accommodation or any similar expenses or losses incurred by Winners or Redeemers in attending an event. Such expenses are undertaken by Winners or Redeemers are entirely at their own risk.
8.6 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. We will use our 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. We will bear no burden for any costs or expenses incurred by the Winner or Redeemer in these circumstances, and will not be held responsible for any refund or replacement of tickets.
8.7 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; liability for fraud or fraudulent misrepresentation; or any other liability that cannot be excluded by law.
9.1 We will provide you with access to the Competitions and the Star Rewards Scheme through the app until either you or us end our contract in accordance with these Terms.
9.2 You can always end your contract with us or withdraw from a Competition or the Star Rewards Scheme by e-mailing us at email@example.com or within the app.
9.3 We may stop providing 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.
9.4 We may end the contract or withdraw you from a Competition or the Star Rewards Scheme, or exclude you from future Competitions: (a) as specifically set out in these Terms; (b) where you break these Terms in a significant way or do not comply with the spirit of them; and (c) where we reasonably believe you have interfered with the fair running of any Competition or the Star Rewards Scheme. Where a Winner has been selected or Redeemer redeemed Stars and we discover, or have reasonable grounds to believe the Winner or Redeemer has breached these Terms or attempted to defraud gotickety, we reserve the right to select an alternative Winner on the same criteria as those used to select of the original Winner or revoke the Reward.
9.5 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. We reserve 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 of our 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.
10. The User's Obligations
10.1 You promise not to:
10.1.1 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;
10.1.2 upload or transmit through the app or website: (a) 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 (b) 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;
10.1.3 use the app or website in a way which may cause the accessibility or functionality of the app or website to be interrupted, damaged, rendered less efficient or in any way impaired;
10.1.4 use any of gotickety's logos or proprietary marks as part of the link without our express written consent (which consent we may withdraw at any time);
10.1.5 frame or use framing techniques to enclose any part of the website or any content accessible on it without our express written consent or use any meta tags or any other hidden text using gotickety or any of our affiliates', sponsors' or companies' with whom we have commercial relationships names, logos, brands or marks without our express written consent; or
10.1.6 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.
11.1 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.
11.2 Neither Alphabet Inc. nor Apple Inc. is affiliated with Ratchet Entertainment Ltd. Neither Alphabet Inc. nor Apple Inc. is a sponsor of any Competition, or supplier of the Prizes or Rewards, and the Prizes and Rewards are not Apple or Google products.
11.3 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.
11.4 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.
11.5 If any provision of these Terms is judged to be illegal or unenforceable, the rest will continue in force. Each 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.
11.6 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.
11.7 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.
11.8 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.
12. Contacting us (including with complaints).
12.1 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 firstname.lastname@example.org .
12.2 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: https://ec.europa.eu/consumers/odr/main/?event=main.home2