Terms of Website Use
PLEASE READ THESE TERMS OF WEBSITE USE CAREFULLY BEFORE USING THE WEBSITE
These terms (the “Terms of Website Use”) set out the terms on which you may use the Website whether as a guest or a registered user. Use of the Website includes accessing, browsing, or registering to use the Website. It is recommended that you print a copy of the Terms of Website Use for future reference.
By using the Website, you confirm that you are at least 18 years old, accept these Terms of Website Use and that you agree to comply with them. You further confirm that your use of the Website shall be in compliance with all relevant laws and regulations applicable to you in the United Kingdom or elsewhere.
If you do not agree to the Terms of Website Use, you must not use the Website.
If you have any questions about the Terms of Website Use, please email our customer service team at firstname.lastname@example.org.
The definitions set out in this clause shall apply to the Terms of Website Use (except where the context otherwise requires):
“Intellectual Property Rights” means patents, inventions, registered designs, copyright, database rights and design rights, trade marks, service marks, logos, domain names, business names, trade names, moral rights, and all registrations or applications to register any of the aforesaid items in any country or jurisdiction.
The “Website” means the website at https://freemojilottery.com.
Information about us
The Website is operated by Pick Media Limited. (“Pick”); a company registered in England and Wales under company number 06377138, at Floor 3, C/O Filmlondon The Arts Building, Morris Place, London, England, N4 3JG.
Changes to these terms
Pick reserves the right to amend the Terms of Website Use at any time by amending this page. New versions of the Terms of Website Use will be effective from the date on which they are posted on the Website.
You agree that you will check the Terms of Website Use each time that you use the Website to ensure that you are aware of the version in force during your visit.
Changes to the Website
Pick reserves the right to update the Website from time to time, and to remove, add, or change its content and/or functionality at its sole discretion.
Accessing the Website
The Website is made available for use free of charge.
Pick makes no guarantee that the Website, or any aspect of it, will always be available or that access to it will be uninterrupted. Pick shall have no liability for any inability of any user to access the Website for any reason, whether or not caused by any fault of Pick.
Pick reserves the right to suspend, withdraw, discontinue or change any aspect of the Website without notice. Pick will not be liable to you for any reason if the Website is unavailable at any time or for any period.
The Freemoji Lottery and other Competitions
If you create an account to use the Website, you will be able to enter free prize draws offered by Pick (each a “Competition” and together the “Competitions”).
All Competitions offered by Pick via the Website are free prize draws; these prize draws are not licensable gambling or betting services and are not regulated by the Gambling Commission.
By entering any Competition you accept that you are entering into an arrangement solely between you and Pick, and that you will have no right to appeal to or otherwise involve the Gambling Commission (or any other third party) in the event of any dispute.
All Competitions will operate as described in the relevant section of the Rules. Before entering a Competition you warrant that you will read the relevant section of the Rules to familiarise yourself with the way in which that Competition will be run.
You agree that, in the event of any dispute as to the winner of a Competition, Pick shall have sole authority to decide which, if any, party is the winner of any Competition. You further accept that Pick shall be under no obligation to enter into any correspondence with users in relation to any dispute.
Certain Competitions offered via the Website provide users with a limited window of opportunity in which any prizes that they may win. By entering such Competitions you specifically acknowledge that you will forfeit your right to any prize that you may become entitled to but subsequently fail to claim during the relevant window.
In instances where a user submits more than one entry to a single Competition, either by design or through error, Pick reserves the right to declare all entries made by that user to the relevant Competition as invalid and void.
If Pick considers that multiple accounts on the Website have been opened by, or are being operated by, one person, all such accounts shall be terminated and all entries by the accounts’ owner will be declared void and disqualified from participating in the Competitions or receiving any prizes.
Any user that amends their personal details (including without limitation their First Name, Last Name, Email Address, or Mobile Number) during a Competition may have their entry submission declared null-and-void if it is believed to be an attempt to manipulate, evade or circumvent the relevant Rules or the terms of these Terms of Website Use.
Your account and password
If you are provided with a user identification code, password or any other piece of information as part of our security procedures for any reason, you must treat that information as confidential and refrain from disclosing it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
Pick reserves the right to refuse service to you, and to terminate your user account, or to block or suspend access to the Website, at its sole discretion.
Pick has the right to disable any user identification code or password, or to terminate any individual user account, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the Terms of Website Use or of the Terms and Conditions.
If you create any user account on the Website, you accept that it is your responsibility to keep its details valid and up-to-date; Pick shall have no liability for your failure to update your profile details in this fashion.
You accept that you will have sole responsibility for any content that you publish or display on the Website or that you transmit to other users using your account. You undertake and warrant that you shall not upload to the Website or App any material which you do not have full right and permission to so upload, or that the upload of would breach the intellectual property rights of any third party.
Content on the Website may include stated facts, views, opinions, advice and recommendations posted by other users. You accept that these views, opinions, advice and recommendations are not endorsed by Pick and, to the maximum extent permitted by law, Pick excludes all liability that may arise as a result of the accuracy, defamatory nature, completeness, timeliness or other defect in the information provided on the Website.
Intellectual property rights
Pick is the owner or the licensee of all of the Intellectual Property Rights in the Website, and in the material published on it. All relevant rights are reserved. Nothing in this Agreement, or in your use of the Website more generally, shall serve to transfer any Intellectual Property Rights from Pick to you, nor to generate any right on your behalf over or in any such Intellectual Property Rights owned or licensed by Pick.
You hereby grant Pick a perpetual, irrevocable, royalty-free, non-exclusive, worldwide licence to use, in any fashion it sees fit, all Intellectual Property Rights inherent in any content or material that you upload to the Website. You undertake that you will not upload to the Website any content or material that breaches the Intellectual Property Rights of any third party and undertake to indemnify and hold harmless Pick against any breach by you of this clause.
You may print off one copy, and may download extracts, of any page from the Website for your personal, non-commercial use.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Pick’s status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged by you.
You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from Pick. Commercial use includes any downloading or copying of account or professional information, or other material or information for the benefit of another enterprise or competitor.
The use of any data mining tools (which may, amongst other terms, be referred to as ‘robots’, ‘spiders’ or ‘web crawlers’) or any other similar data-gathering or extraction tools on the Website is expressly forbidden.
If you print off, copy or download any part of the Website in breach of these Terms of Website Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No reliance on information
The content on the Website is provided for your information only. It is not intended to amount to advice (legal, professional, or otherwise) on which you should rely. You agree that you will obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
Although Pick makes reasonable efforts to update the information on the Website, it makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
The Website may be accessible from jurisdictions that are not eligible to participate; nothing on the Website shall imply that any product or service offered therein is being offered for sale, or shall be in any way available, to users outside of the below stated jurisdictions:
- The United Kingdom of Great Britain and Northern Ireland
- The United States of America and the District of Columbia, excluding New York, Rhode Island, Florida and Louisiana
- Canada, excluding Quebec
- The Republic of India
- New Zealand
- South Africa
Limitation of liability
Nothing in these Terms of Website Use excludes or limits Pick’s liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, Pick excludes all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
Pick will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, the Website; or
use of or reliance on any content displayed on the Website.
Please note that Pick provides the Website only for domestic and private use. You agree not to use the Website for any commercial or business purposes, and Pick have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Pick will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content from it, or on any website linked to it.
Pick does not guarantee that the Website will be secure or free from viruses or other malicious, harmful third-party software.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software and it is your responsibility to install and configure such software before accessing the Website.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under the Computer Misuse Act 1990 or similar legislation.
Pick will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
Linking to the Website
You may link to the Website, provided you do so in a way that is fair and legal and does not damage Pick’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement by Pick without its express permission.
The Website must not be framed or reproduced on any other website, nor may you create a link to any part of the Website other than the home page at https://freemojilottery.com or through the sharing buttons provided. Pick reserves the right to withdraw linking permission for any reason without notice or explanation, and such right shall be deemed to be automatically withdrawn without notice if you breach the Terms of Website Use.
Third party links and resources in the Website
Communication and Notices
By accepting the Terms of Website Use you acknowledge that you consent to receive all communications or notices pertaining to the Terms of Website Use by e-mail or via the Website, and that for the purposes of this agreement all such communications from Pick to you shall be considered to be written communications.
Eligibility and Legalilty
If as a result of your age or your location it is illegal or prohibited for you to access the Website or enter into its Competitions, you should stop accessing the Website and quit your account to prevent future entries. Any users found to be under the necessary age to enter into Competitions, or discovered to be entering Competitions from a location where it is illegal or prohibited may be deleted and their entries declared null and void. In such an event the users eligibility will be decided at the sole discretion of Pick. Those who choose to access this site outside the United Kingdom and Northern Ireland do so on their own initiative and are responsible for compliance with all local laws and regulations, including but not limited to the payment of any income taxes due.
If any part of this Terms of Website Use is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.
Please note that these Terms of Website Use, its subject matter and its formation, are governed by English law. The agreements between Pick and the users of this website are made in English. In the event any translations are provided for convenience or any other purpose, the provisions of the English agreements shall prevail. You agree that the courts of England and Wales will have exclusive jurisdiction.
Last updated on May 25th 2018.