Full Terms and Conditions
- Qualifying Persons
1.1 Genie Competitions Limited (company number 13068689) trading as Bag Girls Club (‘Promoter’, ‘our(s)’) operates various competitions resulting in the allocation of prizes in accordance with these terms and conditions on the website (‘Prize’ or ‘Prizes’) www.baggirlsclub.co.uk (the ‘Website’) – (each and all such competitions being referred to herein respectively as the ‘Competition’, ‘Competitions’, ‘Giveaways’ or ‘Prize Competition’).
1.2 Competitions are open to persons aged 18 or over in the UK and Ireland. Employees of the Promoter or any person connected with the Promoter (through family, professional or commercial association) are restricted from participating in the Competition.
1.3 The Promoter reserves the right to close a Customer’s account at any time, if they feel the Customer is abusing the services, being abusive to other Customers or staff or they have the belief that it is not genuinely the Customer that is entering.
1.4 The Promoter reserves the right to refuse a Customer’s Entry at the Promoter’s own discretion.
1.5 These terms and conditions apply to Competitions and Giveaways
- Legal Undertaking
2.1 By entering a Competition the entrant (‘Entrant’, ‘you’, ‘your(s)’ and/or ‘Customer’) will be deemed to have the legal capacity to do so, you will have read and understood and accepted these terms and conditions and you will be bound by them and by any other requirements set out in any of the Promoter’s related promotional material.
2.2 Competitions are governed by English law and all and/or any matters or disputes relating to the Competition will be dealt with and/or resolved under English Law and the Courts of England shall have exclusive jurisdiction.
2.3 In the event that you participate in a Competition online via the Website, and by accepting these terms and conditions you hereby confirm that you are not breaching any laws in your country of residence regarding the legality of entering our Competitions. The Promoter will not be held responsible for any Entrant entering any of our Competitions unlawfully. If in any doubt you should immediately leave the Website and check with the relevant authorities in your country.
- Competition Entry
3.1 Competitions may be entered via the Website. Multiple Competitions may be operated at the same time by the Promoter and each Competition will have a specific Prize.
3.2 Availability and pricing of Competitions is at the discretion of the Promoter and will be specified at the point of sale on the Website. There is no requirement to pay to enter any Competition, as each Competition has a free entry route available – see rule below for details of how to enter for free. The availability of a free entry route to enter each Competition means that the Competition does not fall within the definition of a lottery under the Gambling Act 2005. The Promoter does not operate a lottery style draw. This is a skill based, prize competition and falls within the requirements set by the UK’s Gambling Commission. In order for you to enter the Competition you must display a sufficient level of skill in order to correctly answer the question and only entrants with correct answers will be entered into the draw. You are not deemed to have entered the Competition until you have received confirmation from us that your entry has been received.
3.3 In order to enter a Competition, you will need to register an account with us. You can register an account online. To register an account online you will be asked to provide an email address.
3.4 All Entrants (including those entering for free) must create an account prior to entering and supply an email address to proceed in the Competition.
3.5 When playing a Competition online via the Website, you must follow the on- screen instructions to: (a) select the Competition you wish to enter and when you are ready to purchase your ticket(s) to the Competition (‘Tickets’), provide your contact and payment details. You will need to check your details carefully and tick the declaration, confirming you have read and understood the Competition terms and conditions; (b) once you have purchased your Tickets, register to play the relevant Competition and when your payment has cleared we will then contact you by email to confirm your entry into the Competition. Please note that when entering online and/or by post you will not be deemed entered into the Competition until we confirm your entry which can be confirmed in your account when you login (and any such entry referred to herein as an ‘Entry’ or ‘Entries’).
3.6 To enter any Competition for free, you must first create an account and then send your name, address, date of birth, e- mail address and contact telephone number on a postcard to the Promoter. Free entries must be posted to: Genie Competitions, Lytchett House,13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA and must arrive by the Competition closing date. First or second-class postage must be paid. Postal Entries are limited to one Entry per person to each Competition, each entry is to be submitted individually by postcard. The Entrant must specify which Competition or Draw they wish to enter. For Competitions a random ticket number will be allocated to each free entry by the Promoter. All free Entries will be treated in the exact same way as a paid Entries. Where applicable, these Competition terms and conditions also apply to free Entries. All free entries will be processed as soon as it is received.
3.7 The Promoter reserves the right to refuse or disqualify any incomplete Entry if it has reasonable grounds for believing that an Entrant has contravened any of these terms and conditions.
3.8 To the extent permitted by applicable law, all Entries become the Promoter’s property and will not be returned.
3.9 The Maximum times an Entrant can enter each Competition will vary from Competition to Competition. The Maximum times an Entrant can enter each Competition will be clearly displayed on each Competition entry page.
3.10 Each Competition closes when the last randomly generated ticket number is taken, no more Entries after this point will be accepted.
3.11 The date of the Competition going live on the Website and date that the Winner receives the Prize is determined and selected by the Promoter.
- Promotion Periods
4.1 Each Competition will run for a specified period. Please see each Competition for details of start and end times and dates (‘Promotion Period(s)’).
- Competition Prizes
5.1 The Prizes are determined and selected by the Promoter. Details of each Prize can be found on the Website’s Competitions pages.
5.2 In no way is the Promoter connected to any of the named designers or fashion brands shown on the Website.
5.3 The Promoter takes no responsibility for the Prize awarded after delivery of the Prize has taken place.
5.4 The Winner hereby agrees that all Prizes are subject to and are conditional on the terms and conditions of the Promoter, Prize provider, manufacturer and/or supplier and/or anyone that is involved in the provision or delivery of the Prize to the Winner.
5.5 Each Prize must be accepted as awarded and is non-transferable or convertible to other substitutes and cannot be used in conjunction with any other vouchers, offers or discounts, including without limitation any vouchers or offers of the Promoter or other Prize suppliers and/or third parties.
- Winner’s Details
6.1 The Winner will be required to show proof of identification on delivery of the Prize. Any failure to meet this requirement may result in the Winner being disqualified and the Promoter retaining the Prize.
6.2 All Winners may be asked for their consent by the Promoter to provide photographs and/or pose for photographs and videos and have their personal details (including details of any Prize won by them) included in marketing material. If a Winner consents to the above, the foregoing photographs, videos and marketing material may be used in future marketing and public relations by the Promoter in connection with the Competition and in identifying them as a Winner of a Competition.
6.3 Following receipt and verification of the details requested above by the Promoter and provided that the Winner has satisfied these terms and conditions, the Winners will be contacted in order to make arrangements for delivery of the Prize.
- Winners’ Personal Data
7.1 Subject to the Winner’s consent, the Winner may be asked to have their photo and video taken by the Promoter for promotional purposes (Public Relations and Marketing).
7.2 When entering a Competition, the Entrant will be asked to consent to use of their name, address, and/or photograph or other likeness, as well as your appearance at publicity events without any additional compensation (save for reasonable travel expenses that are approved in writing in advance by the Promoter) and as required by the Promoter.
8.1 The Promoter hereby reserves the right not give or make a Prize until it is satisfied that (a) the Winner has a validly registered Website account and/or is not in breach of these terms and conditions, (b) any and/or all amounts due or owing by you to the Promoter have been paid in full, (c) the identity of the Winner and his or her entitlement to receive the Prize has been established to the Promoter’s satisfaction (in particular, the Promoter reserves the right to request documentary proof of identity and not to give or make a Prize until satisfied appropriate proof of identity has been provided), and (d) the Promoter may require proof of age to be produced before giving or making a Prize. Prizes will not be given or made to Winners found to be under below the age of 18.
8.2 Without prejudice to clause 8.1 above, the Promoter reserves the right not to make or give a Prize if it reasonably suspects the occurrence of fraud in relation to a Competition.
8.3 The Promoter may, at its absolute and sole discretion, give or make a Prize to a person whom it is satisfied is the duly authorised representative of the Winner acting under a lawfully executed power of attorney or other equivalent authorisation.
- Competition Judgement
9.1 The Winner of the Competition will be chosen at random using a cloud based third party service (www.randomdraws.co.uk). Random Draws meet the requirements of the CAP Code with respect to the “randomness” of the draw process. Prizes are awarded in accordance with the laws of chance, consistent with the requirements of Promotional Marketing Rule 8.24 of the CAP Code. The Promoter will receive a certificate of compliance with each Draw with all Draw and approval details.
9.2 The result will be live-streamed on YouTube/Facebook/Instagram (or such other live-streamed internet channel as the Promoter chooses).
9.3 Due to the nature of the selection, there will only be one Winner per Competition, unless the Promoter states otherwise.
9.4 The Promoter will attempt to contact winners of Competitions (referred to herein as ‘Winner(s)’) using the telephone numbers and email address provided at the time of Entry (or as subsequently updated) and held securely in our database. It is the Entrant’s responsibility to ensure that these details are accurate, up to date and complete. If for any reason these details are taken down, inputted and/or submitted and/or recorded in any way by you incorrectly, the Promoter will not be held responsible for any consequences of this of whatever nature and howsoever arising. Entrants must carefully check their contact details have been recorded correctly.
9.5 Once the live draw has been completed the Prize will be reserved for the Winner for the period of 7 working days (Freeze Period).
9.6 If for any reason the Promoter is unable to contact a Winner after the Freeze Period (which may be extended at the sole discretion of the Promoter) of the end of a Competition, or the Winner fails for whatever reason or cause to confirm acceptance of the Prize and/or the Winner is disqualified as a result of not complying with or contravening any of these terms and conditions, the Winner hereby agrees that it will immediately, irrevocably and automatically forfeit the Prize and the Prize will remain in the possession and ownership of the Promoter.
9.7. In the event that the Promoter closes a Competition early, the Winner will be selected from all valid and eligible Entries received by the Promoter prior to the date of closure. As a result of this the Promoter may bring the Live Draw forward, all Entries will be informed via their registered email address.
9.8 The Promoter reserves the right, at its sole discretion, to close a Competition early without selecting a Winner. In the event that a Competition is closed without selecting a Winner, the Promoter will provide a full refund to Entrants.
9.9 Entrants who specifically consent to marketing communications will be entered onto the Promoter’s database for the purpose of conveying information as to the status of their Competition, as well as any future promotions or Competitions offered by the Promoter.
9.10 The Promoter also reserves the right at its sole discretion to extend the closing date of any Competition. Each Competition may run for a maximum of 30 days and can be extended up to 4 times. If the Competition is not sold out after the 4th extension of time, then the Prize that will be awarded will be as follows: 70% of the value of paid Entries to the Competition.
10. Electronic Communications
10.1 No responsibility will be accepted for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes. The Promoter shall use its best endeavours to award the prize for a Competition to the correct Entrant. If due to reasons of hardware, software or other computer related failure, or due to human error the prize is awarded incorrectly, the Promoter reserves the right to reclaim the Competition prize and award it to the correct Entrant, at its sole discretion and without admission of liability.
10.2 The Promoter reserves the right at its sole discretion to extend the closing date of any competition, if for any reason any aspect of the competition is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Competition. In the event of this the Promoter may in its sole discretion cancel, terminate, modify or suspend a Competition, or invalidate any affected entries.
10.3 The Promoter shall not be liable for any economic or other consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due. The Promoter shall use its best endeavours to ensure that the software and website(s) used to operate its Competitions perform correctly and accurately across the latest versions of popular internet, tablet and mobile browsers. For the avoidance of doubt, only the ticket coordinates recorded in our systems, however displayed or calculated, shall be entered into the relevant Competition and the Promoter shall not be held liable for any competition entries that occur as a result of malfunctioning software or other event. Competition tickets may be checked at any time by accessing your account at baggirlsclub.co.uk
11. Your account
11.1 You must keep your account password secure and secret at all times and take steps to prevent it from being used without your permission. You must (a) memorise your password and never tell it to anyone, (b) never write your password down (including on your computer or other electronic devices) or record it in a way that can be understood by someone else, (c) destroy any communications from the Promoter in relation to your password as soon as you have read them, (d) avoid using a password that is easy to guess, (e) ensure that no-one else (apart from you) uses your account while you and/or your devices are logged on to the Website (including by logging on to your devices through a mobile, Wi-Fi or shared access connection they are using), (f) log off or exit from your account when not using it, and (g) keep your password or other access information secret,
11.2 Your password and log-in details are personal to you and should not be given to anyone else and/or used to provide shared access e.g. over a network. You must use a password that is unique to your account, and maintain good internet security
11.3 You must contact the Promoter immediately if you believe, suspect or know that anyone apart from you has used your account and/or given any instruction in relation to it without your permission, or if you believe, suspect or know someone else knows your password.
11.4 If you forget your password, you can reset it by following the instructions on the Website (as long as you can provide the relevant security information requested or required by the Promoter).
11.5 The Promoter shall not be responsible and/or liable for any and/or all consequences arising out of and/or relating to any and/or all breaches of clause 12 by you. Furthermore, the Promoter shall not in any event be responsible and/or liable for any actions and/or inactions that you may take and/or consequences that you may suffer and/or incur as a result of using and/or in connection with the Website.
12. Limits of Liability
12.1 The Promoter makes no representations or warranties as to the quality/suitability of any of the goods or services offered as prizes. Except for liability for death or personal injury caused by the negligence of the Promoter, the Promoter shall not be liable for any loss suffered or sustained to person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods by any person to the Prize Winner(s) and, where applicable, to any family/persons accompanying the Winner(s), or in connection with any of the Competitions promoted by the Promoter.
12.2 Nothing in these terms and conditions shall prevent you from making claims to the extent that you are exercising your statutory rights
13. Data Protection Notice
13.1 Any personal data that you supply to the Promoter or authorise the Promoter to obtain from a third party, for example, a credit card company, will be used by the Promoter to administer the Competition and fulfill Prizes where applicable. In order to process, record and use your personal data the Promoter may disclose it to (i) any credit card company whose name you give; (ii) any person to whom the Promoter proposes to transfer any of the Promoter’s rights and/or responsibilities under any agreement the Promoter may have with you; (iii) any person to whom the Promoter proposes to transfer its business or any part of it; (iv) comply with any legal or regulatory requirement of the Promoter in any country; and (v) prevent, detect or prosecute fraud and other crime. In order to process, use, record and disclose your personal data the Promoter may need to transfer such information outside the United Kingdom, in which event the Promoter is responsible for ensuring that your personal data continues to be adequately protected during the course of such transfer.
14. Changes to our Terms & Conditions
14.1 We may revise our terms and conditions from time to time and will post the most current version on the Website as soon as possible after the revised terms and conditions become effective. Please check this page periodically to ensure you understand the terms and conditions that apply at that time. By continuing to access and/or use the Website after the revisions come into effect, you agree to be bound by the revised terms and conditions. We may also update and change the Website and Competitions from time to time to, amongst other things, reflect changes to our offering, Website, IT systems and/or our users’ needs and/or feedback.
15. Use of the Website
15.1 You hereby agree that (a) the Website, the Competitions and/or draws are for your own personal, non-commercial use, and (b) you are only allowed to use your account and the Website, enter Competitions and/or enter Giveaways via your account, as set out in these terms and conditions.
15.2 You also hereby agree that you will only use your account, enter Competitions and/or enter Giveaways and access and/or use the Website in an appropriate and lawful manner. You will not (a) receive, access and/or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including, without limit, copyright) and/or otherwise objectionable and/or unlawful, (b) knowingly and/or recklessly transmit any content (including, without limit, viruses) through the Website and/or the Promoter’s software and IT systems which will cause, or be likely to cause, (i) detriment and/or harm, in any degree, to the Website, the Promoter’s software and IT systems owned and/or operated by the Promoter and/or others, and/or (ii) loss of and/or damage to data, (c) hack into, make excessive traffic demands on or cause any impairment of the functions of any computer system, deliver or forward chain letters, “junk mail” of any kind, surveys, contests, pyramid schemes or otherwise engage in any behaviour intended to prevent others from playing/entering Competitions and/or enter Giveaways and/or using the Website and/or any other website, and/or which is otherwise likely to damage the reputation and/or business of the Promoter and/or of any third party, and/or (d) authorise or allow anyone to do 15.2(a) – (c)
15.3 You hereby agree to indemnify the Promoter against any and/or all costs, losses, damages and expenses which the Promoter may suffer and/or incur arising out of and/or in relation to any claim, legal proceeding and/or demand made by any third party due to and/or arising out of your unlawful, wrongful and/or negligent access and/or use of your account, the Website and/or the Promoter’s software and/or IT systems, and/or breach by you of these terms and conditions.
15.4 There is no guarantee that the Website will display correctly on all devices it can be viewed on.
15.5 The Promoter is the owner or licensee of all the copyright, trademarks and other intellectual property rights in, to and in respect of the Competitions, Giveaways and the Website, and you will not acquire any rights in any of these.
15.6 Trademarks, service marks, logos, trade names, source identifiers and/or proprietary designations (“Trademarks”) of the Promoter used on and/or in connection with the Website, the Competitions and/or Giveaways are trademarks of the Promoter. Trademarks of third parties used on and/or in connection with the Website, the Competition and/or Giveaways are used for identification purposes only and may be the property of their respective owners.
15.7 You must not (a) copy, disclose, transmit and/or otherwise make available and/or remove or change any material available on the Website, (b) reverse engineer or decompile (whether in whole or in part) any software used in connection with the Website and/or the provision of the Competitions and/or Giveaways (except to the extent expressly permitted by applicable law) and/or (c) remove, obscure and/or change any copyright, trademark or other intellectual property right notices in any material obtained from the Website and/or as a result of playing the Competitions and/or entering Giveaways.
15.8 You hereby agree that playing Competitions and/or entering Giveaways (as well as accessing and/or using your account) whilst located in any jurisdiction other than Great Britain is strictly prohibited.