Prize Draw Rules

  1. The Promoter The Promoter of this prize draw is The Worldwide Computer Company Limited, a company registered in England and Wales with number 06723910 and registered office address at Piccadilly House, 49 Piccadilly, Manchester, M1 2AP (the “Promoter”). The Promoter reserves the right to amend, supplement or substantially rewrite these prize draw rules from time to time at its sole discretion (such rules as amended, supplemented or rewritten, the “Rules”). In practice, the Promoter expects only to exercise the general discretion in the previous sentence in relation to any prize draw for which the relevant Prize Draw Period (as defined below) has not commenced.
  2. The Prize Draw A prize draw will be held from time to time (each such prize draw being a “Prize Draw”) in accordance with the Rules. No purchase is necessary to enter or win any Prize Draw. The odds of winning a Prize Draw will be determined by the number of entries. You agree that the primary purpose behind each Prize Draw is to promote the generation of funds for registered charities and other charitable organisations. You accept that if there is any likelihood of a dispute (actual or potential) in connection with the Prize Draw, then even after the Prize Draw winner has been selected the Promoter reserves the right in its sole discretion to pay any funds associated with the Prize Draw to one or more registered charities selected by the Promoter in its sole discretion, instead of to any Prize Draw entrant whether or not such Prize Draw entrant is eligible or has been selected.
  3. Prize Draw Date Entries in respect of a particular Prize Draw are to be received within a period to be determined from time to time by the Promoter at its sole discretion (each a “Prize Draw Period”). The date of each Prize Draw will be determined from time to time by the Promoter at its sole discretion (each a “Prize Draw Date”). The first Prize Draw Date is planned by the Promoter to occur on 25 January 2012. In practice, the Promoter is planning to have regard to various matters in determining the amount of any Prize Fund in respect of further Prize Draws, the Prize Draw Period for any such Prize Draw and the Prize Draw Date for such Prize Draws. Such matters include without limitation: the amount of net profits the Promoter generates in cash from the sale of its processing services; the speed with which it is able to generate such cash; and the continued solvency and profitability of the business of the Promoter in order to ensure cash may continue to be generated for the named charities.
  4. Entry You may enter a particular Prize Draw in one of two ways. First, you may accumulate entry credits by installing and using the most current version from time to time of our screensaver software (the “Screensaver”) on any computer: on which you are at all times duly authorised to install and use such Screensaver; and from which you are at all times duly authorised to use an internet connection to communicate with the software and hardware operated by or on behalf of the Promoter. One free entry will be generated for installing the screensaver and registering with www.charityengine.com. One free entry will be generated for each BOINC credit (also known as a Cobblestone). For further information about a BOINC credit please see http://boinc.berkeley.edu/wiki/Computation_credit. Secondly, you may submit a free postal entry in accordance with the Rules. A single BOINC credit entry and a single free postal entry each entered into a Prize Draw will have an equal chance of winning that Prize Draw. By either installing or using the Screensaver or submitting a free postal entry, you will be deemed to have fully and unconditionally agreed to and accepted the Rules and the decisions of the Promoter, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in the Rules. No entry by any other method (including without limitation using hardware or internet connections without due authority, modified Screensaver software, alternative automated or other software or by hand delivery, bulk mail, fax or email entries) will be accepted. Any such entries and any entries suspected by the Promoter in its sole opinion of being made by any such other method will be void and declared invalid and disqualified from each Prize Draw. The Promoter may also declare invalid and disqualify at its sole discretion: the entry of any person if the Promoter has disqualified any other entry of that person or if that person has shared or is suspected of sharing a computer or IP or other address with any person that has had any entry disqualified; the entry of any entrant and those entries linked in any way directly or indirectly to that entrant if in the sole opinion of the Promoter such person is or is likely to be disruptive, unsportsmanlike, vexatious or otherwise acting contrary to the interests of the business or any of the charities which it supports; the entry of any person which the Promoter considers in the sole opinion of the Promoter is or is likely to be contrary to the ethical policies of any registered charity which is supporting the Prize Draw. Entry credits and free postal entries received after the end of the Prize Draw Period in respect of a Prize Draw may be excluded from that Prize Draw. The Promoter may include any such excluded entries received after the end of the Prize Draw Period in the next following Prize Draw. Entries received in a Prize Draw Period in respect of a Prize Draw will only be valid in respect of that Prize Draw. The Promoter reserves the right to terminate any Prize Draw without notifying entrants.
  5. BOINC credit entry To enter the Prize Draw by BOINC credit entry, your entry must comply with the following requirements: You must enter using the Screensaver software provided by the Promoter in accordance with the software licence without any alteration to its code or its scope or usage as intended by the Promoter. You must comply in full with the Screensaver software licence. You must have accurately provided your full name, date of birth, full address, day and evening telephone numbers and a single working email address in advance of your use of the Screensaver to earn BOINC credit entries. Entry to the free prize draw will be automatic upon receipt of a BOINC credit entry submitted by an eligible person that complies fully with the Rules and has provided full and accurate information. Entry to the free prize draw will be for the Prize Draw relating to the Prize Draw Period in which your valid entry is received by us. Each entry must be submitted by an eligible person. Entries through agents or third parties will be invalid. Each entrant agrees that entries by companies, schools, trusts and other legal entities which are not individuals may be made: if such legal entity provides its date of establishment and any registration number (instead of a date of birth), together with the name and contact details of the officer of such legal entity duly authorised to submit entries on behalf of such legal entity; and if any such legal entity wins the Prize Draw, the Prize Fund will not be payable to such legal entity but to one or more registered charities or other charitable organisations selected by the Promoter at its sole discretion after consulting with the winning entrant. Responsibility cannot be accepted for entries which are incomplete, ineligible, corrupted or delayed. Correspondence will be entered into only at the absolute discretion of the Promoter.
  6. Free Postal Entry To enter the Prize Draw by post your entry must comply with the following requirements: Each entry must be handwritten in black or blue pen. Photocopies are not acceptable. Each entry must accurately specify your full name, date of birth, full address, day and evening telephone numbers, a single working email address and must specify “The Worldwide Computer Company Limited Free Prize Draw Entry” on a piece of paper no smaller in any dimension than A6 paper size (i.e. 148 mm x 105 mm) and no larger in any dimension than A4 size (i.e. 297 mm x 210 mm). All entries must be submitted by first class pre-paid mail in an envelope to one of the following addresses: The Worldwide Computer Company Limited Free Prize Draw Entry Piccadilly House 49 Piccadilly Manchester M1 2AP United Kingdom or The Worldwide Computer Company Limited Free Prize Draw Entry PO Box 130 Dunlap, IL 61525 United States of America or such other addresses as the Promoter may notify in writing from time to time. Only one entry per envelope is permitted. Entry to the free prize draw will be automatic upon receipt of a postal entry submitted by an eligible person that complies fully with the Rules, and only entries including all of the required details will be accepted. Entry to the free prize draw will be for the Prize Draw relating to the Prize Draw Period in which your valid entry is received by us. Each entry must be complete, legible, undamaged and submitted by an eligible person. Entries through agents or third parties will be invalid. Each entrant agrees that entries by companies, schools, trusts and other legal entities which are not individuals may be made: if such legal entity provides its date of establishment and any registration number (instead of a date of birth), together with the name and contact details of the officer of such legal entity duly authorised to submit entries on behalf of such legal entity; and if any such legal entity wins the Prize Draw, the Promoter reserves the right to deem the Prize not payable to such legal entity but to one or more registered charities or other charitable organisations selected by the Promoter at its sole discretion after consulting with the winning entrant. Responsibility cannot be accepted for entries incomplete, ineligible, illegible, corrupted, lost, damaged or delayed in transit to any address contemplated in this Rule 6. Proof of posting will not be accepted as proof of receipt. Correspondence will be entered into only at the absolute discretion of the Promoter. The Promoter's decision is final on matters relating to the Rules and the Prize Draw.
  7. The Prize In relation to each Prize Draw Period there will be no more than one prize winner. The potential prize winner will be the first name drawn at random from all valid, completed entries as determined by the Promoter at its sole discretion. The potential lucky prize winner will receive the prize fund as determined below by the Promoter (the “Prize Fund”) unless the Promoter determines in its sole discretion hat the Prize Fund is to be paid to a charity in accordance with the Rules. After all operating costs and taxes of any kind, our intention is that all net profits available in cash from the sale of our processing services will be distributed in the following proportions: 33% to the registered charities and charitable organisations selected by the Promoter from time to time; 33% to the Prize Fund winners from time to time (or one or more registered charities and charitable organisations); and 33% retained by the company. The Prize Draw will be carried out by the Promoter under the supervision of an independent observer appointed by the Promoter. Minor, technical or administrative irregularities may be ignored by the Promoter at its sole discretion in operating the Prize Draw. The Promoter will attempt to notify the potential Prize Draw winner by email (at the address notified to the Promoter at the time the Screensaver is downloaded or notified in the free postal entry) (the “Prize Notification”). If a potential Prize Draw winner is found to be ineligible or not in compliance with these Rules for whatever reason, declines to accept the Prize Fund, or the Promoter is unable to contact a potential Prize Draw winner by email within ten (10) calendar days of the date that the relevant Prize Draw is awarded, or if a confirmation email is returned as undeliverable, the Prize Draw will be forfeited and, in the Promoter's sole discretion, the Promoter reserves the right to allocate the Prize Fund to another randomly selected entrant of that Prize Draw or to one or more registered charities or charitable organisations, or to add the unclaimed Prize Fund to the next Prize Draw. The result of the Prize Draw as determined by the Promoter in its sole discretion is final and no correspondence will be entered into. The Prize Fund is as stated and is non-transferable. The size of the Prize Fund for each Prize Draw may vary and will be determined by the Promoter at its sole discretion. The Prize Fund for the first Prize Draw will be USD 10,000. Thereafter, the Promoter may select the planned Prize Fund, the Prize Draw Period and the Prize Draw Date for any following Prize Draws as it sees fit in its sole discretion from time to time. The Promoter reserves the right to change any such selection as it sees fit in its sole discretion from time to time. It will publish any such notification or change in due course. The entrant will be responsible for the payment of any taxes in connection with the Prize Fund including any withholding taxes of any kind which are required to be deducted from or result from the payment or receipt of the Prize Fund. The winning entrant agrees that the Promoter may deduct such taxes from the Prize Fund to the extent the Promoter may be required to pay any such tax. The winning entrant will be responsible for the payment of any foreign exchange costs or bank charges in connection with the transmission and receipt of the Prize Fund to the account designated by the winning entrant. The winning entrant agrees that the Promoter may deduct such costs and charges from the Prize Fund to the extent the Promoter may be required to pay any such costs and charges. The Prize Fund is planned to be paid by the Promoter in US dollars into a US dollar bank account in the name of the winning entrant held with a reputable bank to which the UK-based bank of the Promoter is able to pay over US dollars without restriction. Each entrant accepts that the Promoter will not be obliged to account to any entrant for all or part of any Prize Fund which the Promoter pays out or authorises a third party to pay out to an entrant or its bank, even if the payment is subsequently found to be made in error. The Promoter will be entitled to take at face value any information provided to it and will be under no obligation to investigate or make enquiries or incur costs to verify or otherwise check the veracity of the statements made to it. Each entrant agrees that the Promoter will neither have to make any payment in addition to the Prize Fund to account for any interest or other value accruing to the Promoter in holding such Prize Fund for any period of time nor reimburse nor pay any compensation for any delay or failure to pay for whatever reason any sum to such entrant.
  8. Winner announcement The winner of the Prize Fund for each Prize Draw will be announced on our website following the completion of the Prize Draw and the formalities associated with payment out of the Prize Fund. The name of the winner and a summary of the winning entry will be sent to anyone from whom the Promoter has received at the address in Rule 6 above within 2 months after the Prize Draw Date a duly stamped self-addressed envelope, requesting details of the winning entry for that particular Prize Draw Date.
  9. Eligibility Each Prize Draw is open to all individuals and legal entities throughout the world who comply fully with the Rules and each of the following requirements: If an individual, you are over the age of 18 or such higher age as may be applicable to your relevant jurisdiction; It is legally permissible for you to enter the relevant Prize Draw and for you (or where applicable the relevant registered charities or charitable organisations} to receive the Prize Fund from us; It is legally permissible for us to operate the relevant Prize Draw and for us to pay out the Prize Fund to you (or where applicable the relevant registered charities or charitable organisations}; and If you use our Screensaver you have fully complied with the terms of the software licence of such Screensaver and are at all times duly authorised to download and use the Screensaver software on any computer on which it is being used and to use the relevant internet connection to connect any such computer with the software and hardware operated by or on behalf of the Promoter. The Prize Draw is not open to current employees of the Promoter, or any marketing services agency, handling house or other company involved directly with the administration of the Prize Draw, their respective advisers, officers, directors, subsidiaries, affiliates or any member of their households. We expressly reserve the right not to pay the Prize Fund to you or any other entrant but to pay the Prize Fund to a registered charity or charitable organisation of your choice (if such choice is approved by us at our sole discretion) or, if we do not approve of your chosen registered charity or charitable organisation, to one or more of our named charities (as agreed between us but at our sole discretion if such agreement cannot be reached between us within 35 calendar days after the Prize Draw Date) in any of the following circumstances occurs (in our sole opinion): You are not eligible to enter the Prize Draw; You are unable to furnish proof of identification. Except where prohibited you fail to execute and return an original of the affidavit in English (or such other language as the Promoter may agree in its sole discretion) in form and substance satisfactory to the Promoter confirming your eligibility and compliance with the Rules (including as regards liability/publicity release to the extent not prohibited by law) and a tax acknowledgement form by the later of: the date falling 7 (seven) calendar days after the Promoter has sent the form of such affidavit to your email address as previously provided by you; and, the date falling 35 calendar days after the Prize Draw Date; There is a dispute or potential for a dispute as to the identity or eligibility of the person due to any inconsistency between any of the various information provided to the Promoter by or in the name of the entrant or for any other reason; You do not provide us with details of a bank account opened in your full name into which the Prize Fund may be paid directly in US dollars by the date falling 35 calendar days after the Prize Draw Date; We are unable to obtain an unqualified legal opinion in form and substance satisfactory to us in any relevant jurisdiction on or around the time of the proposed Prize Draw payment that we can legally operate the Prize Draw and make the Prize Draw payment to you; We are facing any legal challenge whether current, pending or threatened in connection with the operation of the Prize Draw or making any Prize Draw payment to you; and/or We are subject to any current, threatened or pending legal action or proceeding in any jurisdiction in connection with the operation of the Prize Draw or making the payment to you. You transfer, assign, charge or otherwise dispose of your rights in connection with any entry to a Prize Draw, or any of your rights or obligations arising under it, without our prior written consent. For the avoidance of doubt the Prize Draw is void in those states and jurisdictions where prohibited by law. Entrants will not be eligible to receive the Prize Fund if resident in any such state or jurisdiction. The Promoter reserves the right at its sole discretion to allocate the Prize Fund to one or more registered charities or charitable organisations if one or more of the eligibility requirements of the winning entrant is or may not be satisfied.
  10. Force Majeure or other disruption The Promoter will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Rules that is caused by an event outside his reasonable control taking into account the limited financial, legal, personnel and other resources available to the Promoter (a “Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control taking into account the limited financial, legal, personnel and other resources available to the Promoter and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or of the postal network; (e) impossibility of the use of public or private telecommunications networks or electronic equipment including without limitation any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/internet/web site/use net accessibility, availability, or traffic congestion, or any technical, mechanical, or typographical or other error or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information; (f) any fraud, tampering with the entry process, denial of service attack, viruses, hacking, privacy or security breaches or unauthorised use or misuse of computer software or hardware or other unauthorised human intervention including without any limitation any incorrect or inaccurate information, whether caused by any web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Prize Draw or Screensaver; (g) any litigation (actual, threatened or pending) in connection with the Rules, the Prize Draw or the Promoter; or (h) the acts, decrees, legislation, regulations or restrictions of any government or other court, commission or authority of any kind (whether or not they prove to be valid). The Promoter's performance under the Rules may at the sole discretion of the Promoter be suspended, cancelled, terminated, modified following a Force Majeure Event. We will use our reasonable endeavours (without having to incur any material financial or commercial cost) to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Rules may be performed despite the Force Majeure Event. Notwithstanding the previous sentence if a Force Majeure Event occurs, we expressly reserve the right not to pay any Prize Fund to you or any other entrant but to pay such Prize Fund to a registered charity. For the avoidance of doubt, the entrant agrees that the Promoter shall not be obliged to change the form of the Rules or take any action or omit to take any action in order to comply or accommodate with any bonding, registration, eligibility or other potential requirements of, or in, a jurisdiction which might otherwise allow the operation of the Prize Draw or the payment of the Prize Fund to an entrant. If due to a printing, publication, production, calculation or other error, more or larger prizes are claimed than are intended by the Promoter to be awarded at any time given the actual profits generated and available for distribution in cash, the intended prizes will be awarded in the amount intended by the Promoter. If there are fewer prizes intended than there are verified and validated prize claims then the prize intended by the Promoter shall be awarded by a random drawing from among all verified and validated prize claims. In no event will more than the stated number of prizes be awarded. In no event will more than the percentage of net profit be distributed to entrants of the Prize Draw than the Promoter intended. Any attempt by any person to undermine the legitimate operation of any Prize Draw may be in breach of criminal and civil law and, should such an attempt be made, the The Promoter reserves the right to seek damages from any such person to the fullest extent permitted by law. The Promoter's failure to enforce any term of these Rules shall not constitute a waiver of that provision.
  11. Winner publicity Entrants accept that, if they win, the Promoter will have the right, without additional payment or permission, to use their name, age, town of residence and likeness for the purposes of announcing the winner of this competition and for related promotional purposes and otherwise in accordance with our privacy policy from time to time.
  12. Entries All entries and any correspondence with entrants will become the property of the Promoter on its receipt and will not be returned. Entrants hereby assign to the Promoter all worldwide copyright and like rights in their entries and correspondence and waive all moral rights.
  13. Notices All notices (other than BOINC credit entries and free postal entries) given by you to the Promoter must be given to The Worldwide Computer Company Limited at Piccadilly House, 49 Piccadilly, Manchester, M1 2AP, England or such other address as the Promoter may from time to time post to its website. The Promoter may give notice to you at the e-mail or postal address you provided to it when downloading the Screensaver or as part of a free postal entry. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
  14. Rules Please retain a copy of these Rules for your reference. We may revise these Rules at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Rules may also be superseded by provisions or notices published elsewhere on our website.
  15. Severability If any of the terms of the Rules are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  16. Release and limitation of liability By participating in the Prize Draw, entrants agree to release and hold harmless the Promoter from and against any claim or cause of action arising out of participation in the Prize Draw or receipt or use of any prize, including, but not limited to: - unauthorized human intervention in the Prize Draw; technical errors related to computers, servers, providers, or telephone or network lines; printing errors; lost, late, postage-due, misdirected, or undeliverable mail; errors in the administration of the Prize Draw or the processing of entries; or except in the case of death or personal injury to the extent it cannot be excluded by law, injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Prize Draw or receipt of any prize. Each entrant further agrees that in any cause of action, the Promoter's liability will be limited to the cost of entering and participating in the Prize Draw, and in no event shall the Promoter be liable for lawyer's fees. Each entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. In the event of any conflict with any Prize Draw details contained in these Rules and Prize Draw details contained in Prize Draw materials (including but not limited to internet, television, and print advertising and other promotion media), the details of the Prize Draws as set forth in these Rules shall prevail.
  17. Governing law The Rules and any dispute arising out of or in connection with it or its subject matter or formation (including non-contractual claims) shall be governed by, and construed in accordance with, the law of England and Wales. Such choice of governing law will be without giving effect to any choice of law or conflict of law rules (whether of England & Wales or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than England & Wales. You irrevocably agree, for the sole benefit of the Promoter that, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with the Rules or their subject matter or formation (including non-contractual claims). Nothing in this clause shall limit the right of the Promoter to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction. You irrevocably consent to any process in any legal action or proceedings under the Rules being served on you in accordance with the provisions of the Rules relating to service of notices. Nothing contained in the Rules shall affect the right to serve process in any other manner permitted by law. Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Prize Draw or any prize awarded shall be resolved individually, without resort to any form of class action. In any jurisdiction in which jury trial is permitted, you hereby irrevocably waive any right to a trial by jury in any action, suit or other legal proceeding arising under or relating to any provision of the Rules or otherwise in connection with the Prize Draw.