1. We are Balls Out Media Limited a Company incorporated in England and Wales under Company Number 11352606 and whose registered office is at Queen Elizabeth Business Park, Pluckley Road, Charing, Ashford, Kent, England, TN27 0AH Tel: +441233528901 email: info@balls-out.com

  2. We operate www.balls-out.com(the ‘Website’) and are the promoter of skilled based prize competitions which are run through the Website (the 'Competition(s)').

  3. The Competitions

  4. All Competitions are subject to these terms and conditions.
  5. Our Competitions are open to all residents of the UK who are aged 18 and over, except our employees, agents or any other person who has been connected with the creation or administration of our Competitions or any members of their immediate family, (“Qualification Criteria).
  6. By entering a Competition the entrant ('Entrant'') will be deemed to:
    1. have confirmed that they meet the Qualification Criteria;
    2. have legal capacity to enter the Competition;
    3. have read and understood these Terms and Conditions;
    4. be bound by our Terms and Conditions; and
    5. be bound by any requirements set out in any related promotional material in respect of the specific Competition.
  7. Competitions are governed by English Law and any matters relating to the Competition will be resolved under English Law and the Courts of England shall have exclusive jurisdiction.
  8. In the event that an Entrant participates in a Competition online via the Website, he confirms that he is not breaching any laws in the UK regarding the legality of entering our Competitions.
  9. 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.
  10. Competitions may only be entered online via the Website.
  11. One or more Competitions may be operated at the same time.
  12. Each Competition will have specific prize options which can be found here [link].
  13. Availability and pricing of Competitions and tickets is at our sole discretion. This may be varied from time to time and will be specified on the Website.
  14. 5+ and 10+ ticket price categories are available and will take into account the number of tickets already purchased in a given competition week. Pricing will not be applied retrospectively to orders already completed. Balls Out competition credit won will be applied relative to the purchase price of each ticket. Please note: Golden Balls Free Tickets do not count towards your 5+ and 10+ pricing.
  15. “Balls Out” Account(s)

  16. To enter a Competition, an Entrant will need to register for an account ("Balls Out Account"). An Entrant can register for a Balls Out Account on the Website where he will be asked to provide an email address or log in via a social media account, such as Facebook, Twitter or Google (‘Social Media Account’).
  17. Please note that the email address or Social Media Account used to create the Balls Out Account will be the username that the Entrant uses to log into his Balls Out Account.
  18. Each Balls Out Account can only have one username attributed to it at any given time. You cannot attribute multiple email addresses, or Social Media Accounts to a Balls Out Account nor can you have both an email address and a Social Media Account attributed to a Balls Out Account. If an Entrant creates multiple accounts using different email addresses or Social Media Accounts, each username will be treated as a separate Balls Out Account.
  19. An Entrant can change his username for his Balls Out Account at any time by logging into his Balls Out Account.
  20. Entering a Competition

  21. To enter a Competition the Entrant should follow the on-screen instructions on the Website to select the Competition(s) he wishes to enter and choose the relevant tickets he wishes to purchase (“Ticket(s)”). When an Entrant is ready to purchase his Ticket(s), he shall provide his contact and payment details where indicated. All Entrants must check all details supplied carefully as we shall not be liable for any errors.
  22. Entrants are responsible for any data charges which may apply in respect of accessing the Website or entering the Competition.
  23. Every Entrant will be asked to tick the declaration at the checkout to confirm that he has read and understood these Terms and Conditions.
  24. Once payment has cleared we will email the Entrant to confirm entry into the relevant Competition (“Entry/Entries”). Please note that when entering online an Entrant will not be deemed entered into the Competition until we have confirmed your Ticket(s) order by email.
  25. We reserve the right to refuse or disqualify any incomplete Entry for any reason including if we have reasonable grounds for suspecting that an Entrant has contravened any of these Terms and Conditions.
  26. To the maximum extent permitted by applicable law, all Entries become our property and will not be returned. Where relevant we own all copyright in all Entries.
  27. Entering the Competition requires an internet connection. Entrants should check their internet connections before entering the Competition. An Entry may be lost if the internet connection is lost or disrupted or if the Website is interrupted or refreshed.
  28. Limits

  29. Entries are limited to one hundred and fifty five (155) per person per Competition (“Limit”). Abuse of the Limit will not be tolerated.
  30. If we have reasonable grounds to believe that an individual is exceeding the Limit (including without limitation by entering a Competition using multiple accounts) we reserve the right in our sole discretion to void any orders, rescind any prizes, void any Balls Out credit won or award any prize to the next closest entrant.
  31. If for any reason any person exceeds the Limit in a single Competition, we reserve the right in our sole discretion, to void any Tickets without notice firstly on a chronological basis with respect to orders, and then on a sequential basis with respect to ticket references contained within their order, so as to void any Tickets exceeding the Limit entered into the Competition.
  32. Prizes

  33. All prizes are subject to these terms and conditions and any relevant terms and conditions of any distributor, dealer, manufacturer or supplier.
  34. At all times we reserve the right to:
    1. Reduce the cash value of prizes if insufficient tickets are sold to cover the costs of the prizes
    2. Provide an alternative prize of equal or higher retail value;
    3. Provide a different model of car or substitute the car for a left hand drive model;
  35. Save for expenses or costs expressly stated in these terms and conditions the Winners including without limitation the First Prize Winner is responsible for all costs and expenses in respect of the prizes.
  36. The Competitions have different first prizes, including different car and cash prizes, details of which can be found here www.balls-out.com
  37. There is only one first prize per Competition which is for the First Prize Winner. For the avoidance of doubt where there is a tie break the First Prize winner will be the winner of the tie break.
  38. In the UK we will deliver the relevant prize with UK VAT paid.
  39. The prizes shall be as shown in the relevant photographs here www.ballsout.com including the relevant colour, make and model of car however, at all times this is subject to dealership availability.
  40. We shall only pay the recommended retail price for the relevant prize as shown on our Website (RRP) towards any prize.
  41. In the event that a First Prize Winner would like to decline the relevant first prize as shown on the Website they can request up to 80% of the RRP (rounded to the nearest £1,000) in cash (sterling).
  42. In the event that a First Prize Winner had added the option to add an extra £10,000 cash prize to their relevant Tickets then they will receive the relevant first prize plus an extra £10,000 subject to these term and conditions.
  43. For each Competition the Balls Out Account for the Runners Up will each be credited with Balls Out Credit which may be used by the Runners Up in other Competitions. The credit will not have a cash value.
  44. There will be the opportunity for Entrants to win credit for their Balls Out Accounts depending on how close the relevant Ticket is to the Judge’s Position. An Entrant shall be eligible for:
    1. Up to 15% of the Ticket price (as calculated at the date of purchase) shall be credited as credit in the Balls Out Account for Tickets within zone 1 as indicate here on the Website (hyperlink); and
    2. Up to 10% of the Ticket price (as calculated at the date of purchase) shall be credited as credit in the Balls Out Account for Tickets within zone 2 as indicate here on the Website (hyperlink).
  45. At all times credit shall expire at such date as determined by us and may only be used for other Competitions entered using the relevant Balls Out Account.
  46. The Tie Break Prizes shall be £500 in cash and credit for the relevant Balls Out Account which may be used in other Competitions. The credit will not have a cash value.
  47. All prizes (including any first prize) shall be non-transferrable and nonconvertible.
  48. A prize including without limitation any credit may not be used in conjunction with any voucher, offer or discount including without limitation any voucher or offer of a prize supplier.
  49. We shall use our reasonable endeavours to award the prizes to the correct Entrant but if due to reasons of hardware, software or other computer related failure, or due to human error a prize is awarded incorrectly, we reserve the right to reclaim any prize and award it to the correct Entrant. This right shall be in our sole discretion and without admission of liability.
  50. Promotion Periods

  51. Each Competition will run for a specified period as detailed on the Website. Please see the relevant details on the Website for details of the start and closing dates for each Competition ('Promotion Periods').
  52. We may from time to time alter any Promotion Period by posting this on our Website.
  53. Competitions close at the time specified on the Website, being the relevant time in Great Britain. If an entry is incomplete at the time that the relevant Competition closes the entry shall not be submitted and it will not be counted as participating in the Competition.
  54. If no Entries are made by the closing time of the Competition the judging will not take place.
  55. Early Closing

  56. We reserve the right in our absolute discretion to close any Competition before the closing date.
  57. In the event that we have to close a Competition early, the Winner will be selected from all valid and eligible Entries received by us prior to the date of closure.
  58. We reserve the right, in our sole discretion, to close a Competition early without selecting a Winner. In the event that a Competition is closed without selecting a Winner, we will give all Entrants credit to the relevant Balls Out Account to enter any a subsequent Competition.
  59. Judgment

  60. The position of the centre of the ball will be determined after the close of the relevant Competition by an independent Judge appointed by us (the 'Judge'). The aim is to position the ball as close as possible to the Judge’s determination.
  61. The Judge will determine the position of the centre of the ball using their sporting experience ('Judge's Position') and will make the determination in the presence of a qualified lawyer and one of our representatives.
  62. In certain cases, and in our absolute discretion, the position of the Judge's Position may be determined by the Judge before the Competition starts, and will immediately be encrypted and stored securely on our database.
  63. Within forty eight (48) hours of the end of the respective Competition, the Judge's Position will be computed against the database of coordinates to mathematically calculate which of the valid and eligible Entries received by us is closest to the Judge's Position, and therefore the winning Entrant (the 'First Prize Winner') of the prize.
  64. The First Prize Winner will be the person who has the Ticket which is the closest to the Judge's Position. The ten (10) runners up will be considered to be the ten (10) Entries closest to the Winning Position.
  65. For the avoidance of doubt, distance will be measured by calculating the straight line distance from each valid and eligible Entry to the Judge's Position ('Distance').
  66. In the event that there are two or more Entrants with valid and eligible Entries that are equally close to or match the Judge's Position (each a 'Tie Break Entry'), the Entrants to whom such Tie Break Entry belongs, identified by their Balls Out Account (the 'Tie Break Entrants') will be entered into a tie break to determine the First Prize Winner for the Competition as follows:
    1. Firstly and in the event that each of the Tie Break Entrants have made multiple Entries to the Competition we will look at the other Entries of each Tie Break Entrant using their Balls Out Account. The First Prize Winner will be the next closest Entry to the Judge's Position (excluding the Tie Break Entry). In the event that a single Entrant has more than one Entry involved in a Tie Break, each Entry will be considered individually and each will be eligible save for the process will be repeated until there are no more Entries to compare against each other. For example, if the first Tie Break Entrant has made a total of 5 Entries and the second Tie Break Entrant has made a total of 10 Entries, judging will cease after a maximum of 4 rounds of the tie break because the first Tie Break Entrant has no further Entries to compare.
    2. Thereafter or in the event that one or more of the Tie Break Entrants has only made one (1) Entry to the Competition the Tie Break Entrants will be asked to participate in a further Spot the Ball Challenge using a new sporting photograph. The Tie Break Entrants will be entered and judged on the same terms as the original Spot the Ball Challenge and no additional payment will be due. In the event that there is a tie break, the process will be repeated with the respective tied Entrants until there is a single First Prize Winner. In the event that a single Entrant has more than one Entry involved in a Tie Break, each Entry will be eligible for a separate try in the further Spot the Ball Challenge. If we are unable to contact one or more of the Tie Break Entrants within three (3) days (which may be extended in our sole discretion) of identifying such Tie Break Entrants the tie break will be concluded without that particular Tie Break Entrant.
    3. All Tie Break Entrants except the First Prize Winner, including those that we were unable to contact will be automatically allocated a cash Tie Break Prize.
  67. Runners Up in the Balls Out Competitions will be chosen using the same process as set out in accordance with clause 56.
  68. The First Prize Winner, the Runners Up, the Tie Break Entrants and winners of any Balls Out credit are all referred to as 'Winner(s)'.
  69. We will attempt to contact Winner(s) using the telephone numbers and email address recorded on their Balls Out Account at the time of Entry (or as subsequently updated). It is the Entrant's sole responsibility to check and update these details. If for any reason they are incorrectly recorded we will not be held responsible. Entrants must carefully check their contact details at the time of Entry and ensure these have been recorded correctly.
  70. By entering a Competition the Winners agree to their name, and any image used on their Balls Out Account, being featured, in our sole discretion, in any of our promotional materials and being displayed on the Website.
  71. A Winner may will be required to provide photographs and/or pose for photographs for use in our marketing (or future marketing) and public relations.
  72. Details of all Winners will be posted on our Website here.
  73. We will store and use your personal data (including any photographs) in accordance with our Data Protection Notice (hyperlink)
  74. Redeeming your prize

  75. To receive the prize a First Prize Winner must provide us with the following:
    1. Proof of age and identity using our age verification system;
    2. Proof that payment for the winning entry in the relevant Competition was made via their credit or debit card and proof that they were duly authorised to make such payment and/or the relevant card is legally their card.
  76. Failure to comply with clause 66 may result in a Winner being disqualified and forfeiting their prize. Such determination will be in our sole discretion.
  77. Once we receive the information under clause 66 we will contact the Winner to
    1. ask them to confirm in writing their choice of prize from the relevant choices set out on the Website ; and
    2. make arrangements for the delivery of their prize
  78. If you are the Winner of a surprise (as set out as a prize on our Website) we will contact the relevant person who the Winner has named on their Balls Out Account as authorised by them to liaise with us in the event of the Winner winning a surprise.
  79. We can store a chosen prize for up to 30 calendar days thereafter it shall be delivered to the address provided.
  80. Forfeit

  81. A Winner will forfeit their prize and it may be awarded to the Entrant with the next closest Distance coordinates to the Judge's Position if:
    1. for any reason we are unable to contact a Winner within five (5) days (which may be extended in our sole discretion);
    2. at the end of a Competition a Winner fails to confirm acceptance of the prize;
    3. the Winner is disqualified as a result of contravening any of these terms and conditions
  82. Upon the prize being forfeited the Entrant will have no claims against us
  83. Refer a Friend

  84. Our “Refer a Friend Scheme” is operated in good faith to reward Balls Out Account holders for referring genuine third parties to use the Website and open a Balls Out Account.
  85. Only active Balls Out Account holders may participate in the “Refer a Friend Scheme”.
  86. The “Refer a Friend Scheme” is limited to 10 per Balls Out Account.
  87. Abuse of the “Refer a Friend Scheme” will not be tolerated. We reserve the right to void any orders, rescind any credit or revoke any prizes earned as a result of the “Refer a Friend Scheme” where we, in our absolute discretion, consider that the “Refer a Friend Scheme” has been misused.
  88. Any credit earned under the “Refer a Friend Scheme” is subject to the terms of the “Refer a Friend Scheme” which can be found here.
  89. Privacy

  90. Our Privacy Policy, Cookie Policy and data protection policy can be found here (hyperlink) and are incorporated into these Terms and Conditions by virtue of this reference.
  91. All Entrants are automatically entered onto our database for the purpose of conveying information as to the status of their Entries, as well as any future relevant promotions or Competitions offered by us.
  92. Intellectual Property Rights

  93. We own any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, the Website (“Content”) and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise. All Content and the rights therein are protected by applicable United Kingdom and international intellectual property laws and treaties.
  94. No one may reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or our rights therein unless given express written permission to do so by us.
  95. Our status as the owner and author of the Content and the rights therein on the Website (or that of identified licensors, as appropriate) must always be acknowledged.
  96. No one may use any Content or the rights therein whether saved or downloaded from the Website or otherwise for commercial purposes unless agreed in writing by us.
  97. By uploading any content to the Website you grant us a royalty free licence to use such content on our Website or in any promotion materials and in such manner as required by us on an ongoing basis forever.
  98. Our Liability

  99. To the maximum extent permissible by law:
    1. we accept no liability to any user of the Website’s including without limitation any Entrant (“User(s)”) for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any Content.
    2. We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any Content.
  100. We shall not be liable for any economic or other consequential loss suffered or sustained to any persons to whom a prize has been incorrectly awarded, and no compensation shall be due.
  101. We shall use reasonable endeavours to ensure that the software and the Website(s) used to operate the Competitions perform correctly and accurately across the latest versions of popular internet, tablet and mobile browsers.
  102. Only the relevant ticket coordinates which are recorded in our systems, howsoever displayed or calculated, shall be entered into the relevant Competition and we shall not be held liable for any competition entries that occur as a result of malfunctioning software, the Website or any other event. Competition coordinates may be checked at any time by accessing the Balls Out Account.
  103. The Website is intended for non-commercial use only. If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
  104. We shall so far as reasonably possible exercises all reasonable skill and care to ensure that the Website is free from viruses and other malware but accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect a User’s hardware, software, data or other material that occurs as a result of their use of the Website (including the downloading of any Content from it) or any other site referred to on the Website.
  105. We neither assume nor accepts responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
  106. Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
  107. Disclaimer

  108. Nothing on the Website constitutes advice on which a User should rely. It is provided for general information purposes only.
  109. Insofar as is permitted by law, we make no representation, warranty, or guarantee that the Website will meet a User’s requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
  110. We makes reasonable efforts to ensure that the Content is complete, accurate, and up-to-date but do not make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to- date.
  111. Electronic Communications

  112. 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.
  113. The Website

  114. Access to the Website is free of charge.
  115. It is the User responsibility to make any and all arrangements necessary in order to access the Website.
  116. Access to the Website is provided “as is” and on an “as available” basis. We may at any time alter, suspend or discontinue the Website (or any part of it) without notice.
  117. We will not be liable to a User in any way if the Website (or any part of it) is unavailable at any time and for any period.
  118. From time to time links to other sites may be included on the Website. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on the Website is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
  119. We exercise reasonable skill and care so far as reasonably practicable to try and ensure that the Website is secure and free from viruses and other malware. However, Users are responsible at all times for protecting their hardware, software, data and other material from viruses, malware, and other internet security risks.
  120. A User must not:
    1. deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via the Website.
    2. attempt to gain unauthorised access to any part of the Website, the server on which the Website is stored, or any other server, computer, or database connected to the Website.
    3. attack the Website by means of a denial of service attack, a distributed denial of service attack, or by any other means.
  121. By breaching the provisions above a User may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing any Users identity to them. A User’s right to use the Website will cease immediately in the event of such a breach.
  122. A User may only use the Website in a manner that is lawful. Specifically:
    1. they must ensure that they comply fully with any and all local, national or international laws and/or regulations;
    2. they must not use the Website in any way, or for any purpose, that is unlawful or fraudulent;
    3. they must not use the Website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
    4. they must not use the Website in any way, or for any purpose, that is intended to harm any person or persons in any way.
  123. We reserve the right to suspend or terminate a User’s access to the Website at any time and for any reasons.
  124. At all times we may take any one or more of the following actions:
    1. suspend, whether temporarily or permanently, a User’s right to access the Website;
    2. issue a User with a written warning;
    3. take legal proceedings against a User for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
    4. take further legal action against a User as appropriate;
    5. disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
    6. any other actions which we deem reasonably appropriate (and lawful).
  125. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms and Conditions.
  126. Data Protection Notice – Personal Data

  127. Any and all personal information that we may collect will be collected, used and held in accordance with the provisions of the General Data Protection Regulation (GDPR) (EU) 2016/679 and the Data Protection Act 2018 (DPA 2018) and the rights and our obligations under that Regulation.
  128. A copy of our data protection policies may be requested by writing to us at: [email] [address].
  129. We may use someone’s personal information to
    1. Reply to any communications they have sent to us;
    2. Send important messages; and /or
    3. Notify that person if you win the Competition or you have been recorded as the relevant contact person in respect of a winner of a surprise;
  130. Subject to clause 113 we will not pass on any personal information to any third parties without that persons written consent. Any personal data that is supplied to us or we are authorised to obtain from a third party, for example, a credit card company or the DVLA or HMRC, will be used by us to administer the Competition and fulfil prizes where applicable. In order to process, record and use such personal data we may disclose it to such third party whose name you give.
  131. We may transfer personal data to any person to:
    1. whom we proposes to transfer any of our rights and/or responsibilities;
    2. whom we propose to transfer our business or any part of it;
    3. comply with any our legal or regulatory requirement in any country; and
    4. prevent, detect or prosecute fraud and other crime.
  132. In order to process, use, record and disclose personal data in accordance with this Data Protection Notice we may need to transfer such information outside the United Kingdom, in which event we are responsible so far as possible for ensuring that such personal data is so far as possible adequately protected during the course of such transfer.
  133. Changes to these Terms and Conditions

  134. We may alter these Terms and Conditions at any time.
  135. If we change these Terms and Conditions, details of the changes will be highlighted at the top of this page. Any such changes will become binding on a User upon their first use of the Website after the changes have been implemented. A User should check this page from time to time.
  136. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
  137. Contacting us

  138. To contact us, please email us at info@balls-out.com or using any of the methods provided on our contact page at the Website.
  139. Communications from Us

  140. If we have a Users contact details, we may from time to time send important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
  141. We will never send you marketing emails of any kind without express consent. If such consent is given, a User may opt out at any time. Any and all marketing emails sent by us include an unsubscribe link. If a User opts out of receiving emails from us at any time, it may take up to 5 business days for us to comply with such request. During that time, they may continue to receive emails from us.
  142. For questions or complaints about communications from us (including, but not limited to marketing emails), please contact us at info@balls-out.com.
  143. Law and Jurisdiction

  144. These Terms and Conditions, and the relationship between us and a User (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales whose Courts shall have exclusive jurisdiction.
  145. If you are a consumer in the UK, you will benefit from any mandatory provisions of the law in your country of residence.
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