GIVE BACK Goodwill Year-round Competition: Terms and Conditions

These Terms and Conditions may be changed by us from time to time without notice to you. The latest Terms and Conditions will be posted on the Website, and you should always review these Terms and Conditions before using the Website to ensure that you have a current understanding of the terms under which you are permitted to access and use this Website. If for any reason you cannot access the Terms and Conditions via the Internet, we can provide a copy of the most recent Terms and Conditions by e-mail upon request.

 

Please e-mail us at Support@whiyou.com

 

YOUR CONTINUED USE OF THE SITE AFTER THE POSTING OF ANY REVISIONS SHALL BE CONSIDERED YOUR AGREEMENT TO THE MODIFIED TERMS. However, if you place an order through this Website or use any Whiyou services, the Terms and Conditions applicable to that order will be the Terms and Conditions in force as of the date you place your order.

 

This Agreement is between Whiyou Ltd a company incorporated and registered in England and Wales with company number 152252642 whose registered office is at 4 Rope Walk, Rye (the "Organiser") and the individual or entity agreeing to these terms ("Participant").

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Whiyou operates as a giving company, we provide this incredible competition as a continuous gestures of Goodwill. 

 

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Background

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(A) The purpose of this Agreement is to set out the terms and conditions ("Terms") under which the Participant may enter the prize draw competition ("Competition") organised by Whiyou Ltd.

(B) Whiyou Ltd intends to conduct the Competition and the Participant intends to enter the Competition, both parties agreeing to abide by these Terms.

(C)The Competition involves automatically receiving 1x free ticket per product, per purchase per any number of Whiyou fashion garments, the participant must hold an active customer account with Whiyou, and the Participant's entry into the Competition is subject to the detailed terms set out in this Agreement.

(D)This Agreement is designed to comply with all relevant UK laws and regulations governing prize draw competitions, and both parties agree to conduct themselves in accordance with such laws and regulations.

 

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1. Definitions

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1.1. In this Agreement, unless the context otherwise requires, the following words and phrases shall have the following meanings:

- Agreement: The entire contract, including all its sections and appendices.

- Organizer: The company or organisation conducting the prize draw competition.

- Participant: The individual or entity entering the competition.

- Entry: The act of participating in the competition, as defined in the Entry Procedure section.

- Prize: The reward to be given to the winner of the competition.

- Winner: The participant who is selected to receive the prize.

- Competition: The prize draw competition is organised by the Organiser.

- Terms: The terms and conditions set out in this agreement.

 

1.2. Any reference in this Agreement to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted, or extended at the relevant time.

 

1.3. The headings in this Agreement are for convenience only and shall not affect its interpretation.

 

1.4. Unless the context is otherwise required, words in the singular shall include the plural and, in the plural, shall include the singular.

 

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2. Eligibility Criteria

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2.1. The Competition is open to individuals who are at least 18 years of age at the time of entry. If a Participant is under 18 years of age, they must obtain parental or guardian consent to enter and the parent or guardian may be asked to confirm such consent in writing.

 

2.2. The Competition is open to residents of the United Kingdom only. Participants must provide a valid UK address for delivery of the Prize.

 

2.3. Employees of Whiyou Ltd, their immediate family members, and anyone professionally connected with the Competition are not eligible to enter.

 

2.4. Each Participant has unlimited Entries into the Competition. The yearly prize received depends on the timeframe of products purchased and received and within the refund policy. Participants may become eligible for the following year’s prize draw. Tickets are lifetime tickets and run for the duration, for as long as Whiyou Ltd and the competition remain active. Participants are encouraged to keep all digital receipts of purchases.

 

2.5. By entering the Competition, the Participant agrees to comply with these Terms. Failure to comply with these Terms may result in disqualification from the Competition.

 

2.6. Any additional eligibility criteria specific to the Competition will be stated in the Competition announcement or other promotional materials.

 

2.7 Participants must hold an active account with Whiyou Ltd, and permit Whiyou to contact them.

 

The term "Participant" refers to the individual entering the competition. The term "Entry" refers to the participant's submission or action to enter the competition. The term "Prize" refers to the reward to be won in the competition. The term "Terms" refers to the terms and conditions of the competition as outlined in this agreement.

 

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3. Entry Procedure

 

3.1. Method of Entry: To enter the Competition, the Participant must 1) Hold an active account with Whiyou. 2) permit Whiyou to contact the participant. 3)  Have had purchased products from Whiyou directly 4) Can provide proof of purchase. Any entries not made in accordance with these instructions will not be accepted.

 

3.2. Entry Period: The Yearly Competition will commence on April 2nd, 2024, at 00:01. The 2024 prize entry period closes on September 30th at 23:59. Entries received outside of this period will not be considered for the 2024 draw.

 

3.3 Competition Continuations: Every valid participant holds a lifetime ticket(s) and will carry over to the following year’s entries. The entry timeframes are as follows: New purchases entry tickets from October 1st at 00:00 are no longer valid for that current year’s prize and will carry over to the following year.

 

3.3. Number of Entries: Each Participant is allowed an unlimited number of entry/entries per person. If multiple entries are allowed, each entry must be unique and separate from any previous entries.

 

3.4. Entry Costs: There is no entry fee required to enter this Competition. However, if entry requires the purchase of a product or service, the cost should be clearly stated here. No additional payment is required to win a Prize.

 

3.5. Incomplete or Ineligible Entries: Incomplete entries or entries that do not comply with the Terms of this Agreement will not be accepted. The Organizer reserves the right to verify the eligibility of all entries.

 

3.6. Proof of Entry: Proof of sending will not be accepted as proof of entry. Only entries received in accordance with these Terms will be accepted.

 

3.7. Technical Issues: Whiyou Ltd is not responsible for any technical issues that may result in an entry not being received for any reason or for entries received which are corrupt or not in accordance with these Terms.

 

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4. Prize Details

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4.1. The prize for the current year’s Competition will be visible on the Whiyou Website https://www.whiyou.com/whiyouprizedraw.

4.2. The Prize is subject to the following conditions: The Participant must 1) Hold an active account with Whiyou. 2) permit Whiyou to contact the participant. 3)  Have had purchased products from Whiyou directly 4) Can provide proof of purchase. Any entries not made in accordance with these instructions will not be accepted. Whiyou Ltd reserves the right to impose additional reasonable conditions related to the Prize if necessary.

 

4.3. In the event that the Prize described in Clause 5.1 becomes unavailable for any reason, the Organizer reserves the right to substitute the Prize with another prize of equivalent value.

 

4.4. The Prize will be delivered to the Winner within 27 days of the Winner being notified (November 5th). Whiyou Ltd will bear the cost of delivering the Prize to the Winner.

 

4.5. If the Prize is non-cash, there is no cash alternative available. The Prize must be accepted as awarded and is non-transferable.

 

4.6. Any tax implications arising from the receipt of the Prize are the sole responsibility of the Winner. Whiyou Ltd accepts no responsibility for any tax implications that may arise from the Prize winnings.

 

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5. Selection and Notification of Winners

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5.1 Selection Process: The Winner(s) of the Competition will be selected at random from all valid Entries received by Whiyou Ltd by the closing date. The selection will take place within 14 days following the closing date of the Competition (September 30th at 23:59). The selection process will be supervised by an independent observer, where necessary.

 

5.2. Notification Process: The Winner(s) will be notified by Whiyou Ltd via our attempt to communicate via telephone on November 5th. The notification will include instructions on how the Winner(s) can claim their Prize.

 

5.3. Unclaimed Prizes: If a Winner cannot be contacted or does not claim their Prize within the first attempt of contact notification, Whiyou Ltd reserves the right to withdraw the Prize from the Winner and select a replacement Winner.

 

5.4. Publicity: The Winner(s) agree(s) to the use of their name and image in any publicity material related to the Competition. Any personal data relating to the Winner(s) or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

 

5.5. Disqualification: Whiyou Ltd reserves the right to disqualify any Winner(s) if they have breached any of these Terms, are found to be ineligible, or cannot be contacted or do not claim their Prize within the specified time period.

 

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6. Data Protection and Privacy

 

6.1. Data Collection: Whiyou Ltd will collect personal data from the Participant, including but not limited to name, contact details, and any other necessary information for the purpose of managing entries to the Competition. The Participant consents to this collection of personal data upon interacting with Whiyou as outlined in Whiyou Ltd.’s Privacy Policy, and Terms of Use and automatically entering the Competition.

 

6.2. Data Use: Whiyou Ltd will use the collected data for the purposes of managing the Competition, contacting winners, and promoting the Competition. The Participant consents to this use of personal data upon entering the Competition.

 

6.3. Data Storage and Security: Whiyou Ltd will store the collected data in a secure storage system, with appropriate measures such as encryption and access controls in place to protect the data from unauthorized access, alteration, or disclosure.

6.4. Data Sharing: Whiyou Ltd may share the Participant's data with third parties involved in the administration of the Competition. The Participant consents to this sharing of personal data upon entering the Competition.

 

6.5. Data Retention: Whiyou Ltd will retain the Participant's data for a period necessary to fulfil the purposes outlined in this Agreement, after which the data will be deleted or anonymised.

 

6.6. Participants' Rights: The Participant has the right to access their data, request corrections, object to processing, and request deletion of their data in accordance with the Data Protection Act 2018 and GDPR.

 

6.7. Contact Information: Any queries or concerns about the Participant's data should be directed to the Organizer or their designated data protection officer at Info@whiyou.com.

 

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7. Intellectual Property Rights

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7.1. Ownership of Intellectual Property: Unless otherwise expressly agreed in writing, all intellectual property rights in any submissions made by the Participant as part of the Competition shall remain the property of the Participant.

 

7.2. Grant of License: By entering the Competition, the Participant grants to Whiyou Ltd a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and modify the Participant's submission for the purposes of administering the Competition and for any promotional or advertising purposes related to the Competition.

 

7.3. Participant Warranties: The Participant represents and warrants that their submission is their original work, that they have all necessary rights to grant the license set out in clause 8.2, and that their submission does not infringe the intellectual property rights of any third party. The Participant agrees to indemnify Whiyou Ltd against any claims, damages, liabilities, costs, and expenses arising out of any breach of this warranty.

 

7.4. Organiser’s Intellectual Property: All intellectual property rights in the Competition materials, including any branding or promotional materials used by the Organizer, remain the property of Whiyou Ltd. The Participant is not granted any rights in or to these materials and agrees not to use them without Whiyou Ltd.’s express written permission.

 

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8. Liability and Indemnity

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8.1. Limitation of Liability: Except as expressly set out in this Agreement, Whiyou Ltd shall not be liable for any indirect, consequential, or punitive damages arising out of or in connection with the Competition, whether based on breach of contract, tort (including negligence), or otherwise, even if Whiyou Ltd has been advised of the possibility of such damages. Whiyou Ltd.’s total liability, if any, shall not exceed the value of the Prize.

 

8.2. Exclusions from Liability: Whiyou Ltd shall not be liable for any failure to comply with its obligations under this Agreement where such failure is caused by something outside its reasonable control, including but not limited to technical failures, unauthorised intervention, or force majeure events.

 

8.3. Indemnity: The Participant agrees to indemnify, defend, and hold harmless Whiyou Ltd, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from any violation of this Agreement, or any activity related to the Participant's entry into the Competition (including negligent or wrongful conduct).

 

8.4.Acknowledgement of Risks: The Participant acknowledges and agrees that their participation in the Competition is at their own risk and that, to the extent permitted by law, Whiyou Ltd is not liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, which arises out of or is in any way connected with the Participant's entry into the Competition.

 

8.5. Insurance: The Participant is responsible for obtaining any insurance they believe necessary or advisable to cover any potential liability or risk associated with entering the Competition.

 

8.6. Compliance with Laws: Whiyou Ltd.’s liability under this Agreement is subject to compliance with all relevant UK laws and regulations.

 

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9. Termination

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9.1. Grounds for Termination: Whiyou Ltd reserves the right to terminate the Competition at any time if it believes, in its sole discretion, that the Competition cannot be conducted as specified in these Terms due to circumstances beyond its control, including but not limited to instances of fraud, technical difficulties, or any changes in the applicable laws and regulations.

 

9.2. Notice of Termination: In the event of such termination, Whiyou Ltd will notify the Participant as soon as reasonably practicable, using the contact details provided by the Participant at the time of entry. Whiyou Ltd will also make a public announcement on its website or through other appropriate channels.

 

9.3. Consequences of Termination: Upon termination of the Competition, Whiyou Ltd will not be obliged to award any Prizes that have not already been awarded at the time of termination. No entry fees are required to be paid to the Participant whilst the competition remains free.

 

9.4. Dispute Resolution: Any disputes arising out of or in connection with the termination of the Competition shall be resolved in accordance with the dispute resolution procedure set out in this Agreement.

 

9.5. Survival of Terms: Notwithstanding the termination of the Competition, the provisions of this Agreement relating to intellectual property, liability, confidentiality, and dispute resolution shall continue in full force and effect.

 

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10. Governing Law and Jurisdiction

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10.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

 

10.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

 

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11. Amendments

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11.1. Either Whiyou Ltd or the Participant (the "Proposing Party") may propose an amendment to this Agreement. Any such proposed amendment must be in writing and delivered to the other party.

 

11.2. The proposed amendment will only become effective if it is accepted in writing by the other party. The acceptance must be clear and unambiguous, and it must be communicated to the Proposing Party in writing.

 

11.3. Any amendment to this Agreement will be documented in a written amendment agreement. The amendment agreement will reference this Agreement and clearly state the changes being made. The amendment agreement must be signed by both Whiyou Ltd and the Participant to be effective.

11.4. Once signed, the amendment agreement will form part of this Agreement and will have the same legal effect as this Agreement. The amendment will not result in any unfair terms or a breach of this Agreement.

 

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12. Severability

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12.1. If any provision or part-provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.

 

12.2. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.

 

12.3. If any provision or part-provision of this Agreement is invalid, illegal, or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

 

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13. Entire Agreement

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13.1. This Agreement, including any schedules or annexes attached hereto, constitutes the entire agreement and understanding between Whiyou Ltd and the Participant concerning the subject matter hereof. It supersedes and extinguishes all prior agreements, drafts, undertakings, representations, warranties, and arrangements of any nature whatsoever, whether in writing or between the parties in connection with the subject matter hereof.

 

13.2. The Participant acknowledges that in entering into this Agreement, it has not relied on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in this Agreement. No party shall have any claim for innocent or negligent misrepresentation based upon any statement in this Agreement.

 

13.3. Any variation to this Agreement shall only be valid if it is in writing and signed by or on behalf of each of the parties.

 

13.4. The Participant acknowledges that it has read and understood the terms of this Agreement and agrees to be bound by them.

 

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14. Force Majeure

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14.1. For the purposes of this Agreement, "Force Majeure Event" means an event beyond the reasonable control of Whiyou Ltd including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

 

14.2. Whiyou Ltd shall not be liable to the Participant because of any delay or failure to perform its obligations under this Agreement as a result of a Force Majeure Event.

 

14.3. If the Force Majeure Event prevents Whiyou Ltd from providing any of the Services for more than 8 weeks, Whiyou Ltd shall, without limiting its other rights or remedies, have the right to terminate this Agreement immediately by giving written notice to the Participant.

 

14.4. Whiyou Ltd shall use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.

 

14.5. If a Force Majeure Event occurs, Whiyou Ltd shall notify the Participant as soon as reasonably practicable of the nature and extent of the Force Majeure Event.

 

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15. Waiver

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15.1. No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

 

15.2. A waiver of any term, provision or condition of this Agreement shall be effective only if given in writing and signed by the waiving party, and then only in the instance and for the purpose for which it is given.

 

15.3. Unless expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

 

15.4. Any single or partial exercise of any right, power or privilege under this Agreement shall not preclude any other or further exercise of that or any other right, power, or privilege.

 

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16. Notices

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16.1. All notices under this Agreement shall be in writing and signed by or on behalf of the party giving it.

 

16.2. Any notice or other communication given under or in connection with this Agreement shall be:

(a)sent by first class post to the address, or emailed to the email address, provided by the other party; and

(b)marked for the attention of the relevant party.

 

16.3. Any notice or communication shall be deemed to have been received:

(a) if delivered by hand, at the time the notice is left at the proper address.

(b) if sent by first class post, at 9.00 am on the second Business Day after posting; and

(c) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume.

 

16.4. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

 

16.5. For the purposes of this clause, "writing" shall not include email, and for the avoidance of doubt notice given under this Agreement shall not be validly served if sent by email.

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