Please read carefully before entering any Competitions.
THE 100 to 1 Shot PRIZE COMPETITION Quiz
The 100to1shot, hereinafter referred to as the Competition is provided by Netcommerce Ltd, hereinafter referred to as, Netcommerce.
Participant or Player refers to any participant in the 100to1shot competitions.
You or your refers to a participant in the 100to1shot competitions.
We, us and our refer to Netcommerce Ltd.
Eligibility of Participants
Our Competitions are open to all E.U. and Worldwide residents aged 18 years and over with Internet access. All Participants must provide their own Internet access and be responsible for the effectiveness of their connection. The Competitions are void where prohibited by law. Netcommerce owners, employees, and their immediate families, or persons living in the same household as such employees and employees of its parent company, subsidiaries, affiliates, are not eligible to participate. ENTRY TO THE 100to1shot Prize Competition
- To compete in the 100to1shot, contestants must purchase their shot.
- Cost of a shot varies and is dependent on the size and type of pot.
- The 100to1shot.com online competitions have two types of pot. Prize Pots and Win Money Pots. Prize Pots are pots where the prize is in the form of a physical prize such as electronic goods or holidays. The exact prize will be clearly defined in the pot with more information and terms and conditions displayed under the Prize Pots tab on the site http://100to1shot.com/Staticpages/PrizePots.aspx . There is no cash alternative for prize pots. Win Money Pots are pots where you get the chance to play and win money!
- Prize Pots.. at 100to1shot.com. We will undertake to do everything in our power to give you the exact prize advertised but in the unlikely event we are unable to give the exact physical prize advertised we will inform you and you will receive a similar prize of similar value. 100to1shot.com reserves the right to change the specifications of any physical prize without further notice.
- The cost to purchase a shot on the 100to1shot.com website is clearly displayed in each pot and range from £5 to £250. When you buy a shot you are essentially buying the chance to enter the enter your chosen pot by answering a quiz question!
- Remember that 100to1shot.com is essentially a quiz competition and to win money you must answer a quiz question. Once your Shot is purchased you will be asked a multiple choice general knowledge question.
- You must answer the question correctly to progress any further in the Competition.
- If you do not answer the question correctly you will lose the cost of that shot.
- You will then be given the option to purchase another Shot and try again.
- Once you have answered a question correctly (taken your shot) your shot now becomes a Stake! Your Stake will automatically be entered into the pot level you have chosen, .i.e. the 100 Stake £5 Pot or any other Pot Category.
- If you have bought multiple shots and you answer the quiz question correctly you now have multiple stakes. These Stakes will automatically be entered into their corresponding pots.
- If your Stake is too late to enter the pot you originally entered, your Stake will automatically go into the next available pot.
- Each pot is time sensitive. The time set to fill the pot will vary but there will always be a countdown to show you how much time is left. It is the player’s responsibility to enter each pot within good time to participate in the chosen pot.
- Once the win money pots reach their activation Level of 50% s each money Pot will pay-out at the end of the time allotted.
- Pay-out will always be 80% of the total number of stakes in that pot once it has reached its activation level.
- Prize Pots must have 100% of the stakes specified to activate!
- If the pot does not reach its activation level within the allotted time, more time will be added to the pot.
- The winner of each pot will be picked at random by the computer.
- The winner will be informed by email and or SMS Text message.
- Winnings will be paid directly into the paypal account entered at time of registration.
- It is the contestants responsibility to check their account periodically to see if they have won the pots they have stakes entered in, however Netcommerce will deposit the winnings in to the winners account automatically.
- It is our aim to pay all winnings every week on Friday, but situations may arise where this is not possible. We will undertake to try to pay all winnings within 28 days.
- Costs of entering each 100to1shot.com online competitions will vary from game to game. It is your responsibility to check the cost of entry for each competition before you buy your Shot.
- The cost of entry will be displayed clearly within the information for each Pot!
- From time to time 100to1shot.com will offer special offers in the form of Voucher Codes!
- The value of any Voucher Code will be specific to the that code. The value will be advertised at the time of issue.
- The value of any voucher code can only be used to enter one of 100to1shot.com online competitions. There can never be more than two voucher codes in any pot so your voucher code will be automatically placed into a pot on a first come first served basis. I.e. your code will be placed into the corresponding pot when you are next in the queue.
- Each voucher code placed into the pot has just as much chance of winning the pot as any other stake. We will inform you by email when your voucher code has been placed into the pot but again it is your responsibility to keep checking the site to watch the progress of all your stakes!
- To qualify for a voucher code will depend on the rules applying to that code being met. For instance enter this voucher code to get a free£5 stake to enter our £5 pot when you purchase £50 worth of shots in one transaction. The rules applying to any code will be clearly displayed when the code is offered.
- As a rule of thumb most voucher codes will require an initial purchase on your part. Once you have met the requirements for the code no further purchase will be necessary on your part for the code to be placed onto the pot.
Conduct of Participants
Netcommerce Ltd reserves the right, in its own sole discretion, to disqualify any individual or winning Participant that acts in the following manner: (1) Falsifying or technically abusing the entry process, 'spamming' or falsifying in acquiring extra entries, or any part of the operation of the Competition and Web Site (2) Being in violation of these terms and conditions (3) Acting with the intent to annoy, abuse, threaten or harass any person employed by Netcommerce Ltd. (4) any action Netcommerce Ltd deems to be Fraudulent, whether or not that action results in a win. Any Fraudulent action will be pursued to the full extent of the law.
Limitations and Liability of The Competitions
We are not responsible for any incorrect or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized in these Competitions. We are also not legally or financially responsible for any technical or human error that may occur in the course playing or in the administration of these Competitions. Netcommerce Ltd and its employees assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of data. Netcommerce Ltd and its employees are not responsible for any problems or technical malfunction of any telephone network lines, computer online systems, servers or providers, computer equipment, software, failure of email, or players on account of technical problems with traffic congestion on the internet or any other circumstances amounting to force majeure, or damage to any other person's computer, related to or resulting from participating or receiving materials in this contest. If, for any reason, the contest is not capable of operating as planned, including infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of playing the Competition, Netcommerce Ltd do not assume any responsibility in this respect to the maximum extent permitted by Law, nor is it responsible for any corruption and anything that affects the administration, security, fairness, integrity or proper conduct of the Competition. It also reserves the right, at its sole discretion and at any time to cancel, terminate, modify or suspend the Competition if Participants are acting in a disruptive manner, or with intent to annoy abuse, threaten or harass Netcommerce Ltd or any other person.
Participant Information
Except as required by law, Netcommerce Ltd will not share winning information with any third parties without the permission of such winners. Acceptance by a Participant of any prize constitutes permission, where permitted by law, to use the winner's name, photograph or video, recorded telephone calls and/or likeness without compensation. Statements made by winners may be used as promotional material in connection with the Competitions without any further financial or other forms of compensation.
Agreement to be Bound
By participating and playing the Competitions any Participant or Winner agrees to abide by all the rules as stipulated and to be bound by these terms of use and the decisions of the organises.
Important Information
The 100 to 1 Shot Prize Competition is run within the E.U. and other countries and is all run as one international competition.
Any attempt by a Participant and/or any other individual to deliberately damage the website and/or undermine the legitimate operation of the Competitions are a violation of criminal and civil laws and should such an attempt be made Netcommerce Ltd reserve the right to seek full damages from any such individual or organization as permitted by Law.
Netcommerce Ltd may carry out changes to the Competitions at any time and may modify these terms and conditions without individual notice to you. You will be deemed to have accepted any modifications if you continue to use our Website and/or our services and/or enter our competitions after the changes have been posted. You should check these terms and conditions regularly for changes. Please refer to these terms and conditions before each play so as to play in accordance with current rules.
English Law governs these terms and conditions. You submit to the non-exclusive jurisdiction of the English courts.
Netcommerce Ltd, 123 Littleheath Road Croydon CR27SL
Running a competition
This guide is based on the laws in Great Britain (England, Wales and Scotland). It was last updated in January 2008. Please note that the rules for Northern Ireland are different but must be...
Topics
Advertising and marketing Commercial This guide is based on the laws in Great Britain (England, Wales and Scotland). It was last updated in January 2008. Please note that the rules for Northern Ireland are different but must be considered when running a UK-wide promotion.
Many organisations seek to attract customers by running competitions for prizes. However, there are regulatory controls on some of these competitions.
An added complication for online competitions is the question of which country's laws apply and which court will have jurisdiction in the event of a dispute. On a practical level, online promoters should take care with last-entry deadlines. To allow for time-zone differences, be specific, e.g. "closing date for entries is 12 noon, 5 December 2008 in Great Britain".
On 1st September 2007, most of the key areas in gambling law in Great Britain were replaced by a single, more comprehensive structure. On that date the Gambling Act 2005 repealed the Gaming Act 1968, the Lotteries and Amusements Act 1976 and the Betting, Gaming and Lotteries Act 1963.
The new Gambling Act defines and differentiates lotteries, betting (which can include certain prize competitions) and gaming (that is playing a game of chance for a prize). Skill competitions and free prize draws remain outside the Gambling Act – but it is important to structure such competitions and draws so that they do not inadvertently fall within the definition of a lottery, betting or gaming.
Competitions can be illegal lotteries unless skill is required
Under the Gambling Act 2005, a competition will not be a lottery if it satisfies the "skill" test or if no payment is required to enter. Under the old law, the skill test was satisfied if winning depended "to a substantial degree on the exercise of skill" – "substantial skill" was not required. Under the Gambling Act 2005 the test is whether the person organising the competition has a reasonable expectation that the skill requirement will either deter a significant proportion of potential participants from entering or prevent a significant proportion of entrants from receiving a prize.
Competitions that genuinely depend on skill, judgment or knowledge can continue to operate outside Gambling Act regulatory controls, for example crossword puzzles where entrants have to solve a large number of clues and only fully-completed entries are submitted. Where there are several stages of a competition, the key is whether the first round satisfies the skill test. If those who complete a crossword puzzle successfully are entered into a draw to pick the winner, this will still qualify as a skill competition, not a lottery, because the first stage (completing the puzzle) satisfied the skill requirement.
If questions are too easy to deter a significant proportion of potential participants, or to eliminate a significant proportion of entrants, it will not satisfy the skill requirement. A question such as "what is the capital of France?" is too easy. The Gambling Commission (the new regulator for the gambling industry) has not indicated what will constitute a "significant proportion", beyond saying that the phrase must be given "its ordinary, natural meaning".
Where a competition uses a multiple choice format, the Gambling Commission has said that it will not generally take action where there are sufficient plausible alternative answers, and the correct answer is not obviously given close to the question. The level of skill or knowledge required will vary, depending on the target audience.
Is the competition free to enter?
If a competition does not satisfy the skill requirement, it will be a lottery unless either no payment is required to participate in the competition (whether this is to enter the competition, or to find out if you have won, or to collect a prize) or there is an alternative free entry route. It is irrelevant whether the payment benefits the person running the competition or someone else, e.g. a telecoms company providing the premium-rate telephone number used to participate in the competition.
The Gambling Act 2005 states that "payment" includes paying money (or money's worth) or paying more for something to reflect the opportunity to enter the competition. So someone who buys a packet of soap powder which directs buyers to a website competition will be treated as paying to enter that competition if the soap powder costs more than an equivalent non-promotional packet. However if promotional and non-promotional packs cost the same, there will be no payment. It will therefore no longer be necessary to specify a "no purchase necessary" alternative route where a product giving a right to enter a competition is sold at its normal price.
The Gambling Act 2005 also says that paying at "normal rate" for posting a letter (first or second class, without special delivery arrangements), for making a telephone call or for using any other method of communication does not amount to "payment". However a call or a text message to a premium rate telephone number will involve "payment".
Even if there is a paid route to enter, a competition will be treated as free to enter if there is an alternative free entry route, provided that:
the alternative route is a letter sent by ordinary post or some other communication method which does not involve payment and is no less convenient than the paid-for route;
the choice is publicised in a way that is likely to come to the attention of all those intending to participate; and
the system for allocating prizes does not discriminate between the two entry routes.
The Gambling Commission thinks that web entry may not always satisfy the requirements for an alternative free entry route, particularly in relation to competitions broadcast on television. People who do not have ready access to the internet at home need sufficient time to gain web access elsewhere; the Commission thinks that three working days is a reasonable period for this. This is likely to be a particular problem where competitions are run for short periods or there is a need for immediate response to win. If you have doubts about whether web entry satisfies the requirements for an alternative free entry route, the Gambling Commission recommends that other alternative routes are also offered e.g. post which is specifically approved as an acceptable free alternative.
Is the competition betting?
A competition which involves guessing the outcome of a race or other event, or the likelihood of something occurring or not, or whether something is true or not, will be betting if payment is required to enter that competition. (It does not matter whether or not the race or other event, whose result is being forecast, has already occurred, or whether or not one party knows the outcome.) Guessing includes predicting using skill or judgment. A betting operating licence will be required to run such a competition.
As explained above, the Gambling Act 2005 now provides that paying the normal price for something does not amount to payment to participate in a competition. So where a guessing competition can be entered if you buy a promotional product at its normal price, there will be no betting.
Is the competition gaming?
If a skill competition involves "playing a game of chance", it will be gaming – and so require the appropriate licence, usually a casino operating licence – whether or not any payment is involved. A game of chance includes a game involving elements of both chance and skill (and even if the chance element can be eliminated by superlative skill) other than a sport; it no longer matters whether there are any other participants. The key questions here are probably whether the competition involves "playing" a "game"; the pre-Gambling Act 2005 case law is likely to be relevant in deciding this.
What if the competition is a lottery?
It is a criminal offence to run a lottery unless either you have a lottery operating licence or the lottery is exempt from the licensing requirement because it is a private lottery (e.g. a workplace lottery), a customer lottery, an incidental non-commercial lottery or a small society lottery and in each case the exempt lottery fulfils certain conditions set out in the Gambling Act. Small society lotteries (that is, lotteries below certain financial thresholds which are operated by non-commercial societies) still need to be registered with the local licensing authority.
Lottery operating licences are only available to local authorities or non-commercial societies (or external lottery managers managing lotteries on their behalf). A commercial organisation cannot get a lottery operating licence for its own promotional purposes.
Incidental non-commercial lotteries – typically raffles at one-off charity fundraising events – are, generally speaking, exempt under the 2005 Gambling Act provided certain conditions are met. These conditions, which are similar to the old law, are as follows:
the lottery is incidental to an event which is not (and is not intended to be) profit making, and the lottery is not promoted for private gain;
the organisers do not deduct from the proceeds of the raffle more than the prescribed sum in respect of prizes (currently £500) or other costs (currently £100);
there is no rollover;
tickets are supplied only at the location where the related event takes place and only during that event; and
the results are announced at or before the end of the related event.
The 2005 Gambling Act introduced a new exemption for customer lotteries, but the conditions for exemption mean this is unlikely to be very useful in practice. These conditions include the following:
a maximum win of £50 per ticket;
tickets must be supplied only to people who are on the promoter's business premises as customers;
no advertisement outside the business premises.
no profits may be made;
no rollover; and
not more than one draw in any 7 day period.
What are the consequences of running an illegal lottery?
Any individual or company involved in promoting or managing an illegal lottery – including a competition which is a lottery – is guilty of a criminal offence under the 2005 Act, and on conviction is liable to a fine of up to £5,000 and/or imprisonment for up to 51 weeks (England and Wales) or six months (Scotland).
Conviction, fines and imprisonment are a worst-case scenario, but the bad publicity which could arise from running a competition which is found to be an illegal lottery could be significant. Bear in mind that the Gambling Commission has said that it expects to monitor the boundaries between lotteries, betting and gaming on the one hand, and skill competitions and prize draws on the other, and that it will act where schemes are organised which the Commission considers amount to unlicensed and therefore illegal lotteries.
What practical steps can you take to mitigate your risk?
Think carefully whether the skill element of a competition is sufficient to deter a significant proportion of potential participants, or to eliminate a significant proportion of entrants. If it isn't, increase the skill requirement. Obtain, and keep, material which supports your view that the skill requirement is satisfied.
If the competition does not satisfy the skill requirement, make sure that no payment is required to participate – either to enter, or to find out who the winner is, or to collect a prize – or ensure that there is an alternative free entry route.
Make sure that any alternative free entry route is adequately publicised and equally convenient, and that there is no discrimination against those entering the competition in this way.
If your competition involves forecasting a result, ensure that it does not require payment to participate.
Take care that your competition does not amount to playing a game of chance.
In summary, if your competition does not satisfy the skill requirement, and involves payment (without a free entry alternative), you should stop running it.
CAP Code on prize promotions
The British Code of Advertising, Sale Promotion and Direct Marketing (known as 'the CAP Code') sets out certain additional rules which should be followed when running prize promotions.
The CAP Code applies to all marketing communications in print, cinema and video, as well as online advertising in paid-for space. It does not apply to broadcast commercials which are subject to the BCAP TV or Radio Advertising Standards Code, or to the content of premium rate telephone services which are regulated by PhonepayPlus (previously known as ICSTIS).
In addition to the general principles that advertising must be legal, decent, honest and truthful, the CAP Code requires that the following information is given to consumers before or at the time of entry into the prize promotion:
how to participate; if there is a free entry route, this must be clearly explained;
the start date;
the closing date in certain circumstances (eg if targeted at children);
any proof of purchase requirements – or, where a promotion encourages but does not require purchase, a clear statement that no purchase is necessary and explanation of the free entry alternative;
the minimum number and nature of any prizes, and whether a cash alternative can be substituted;
any geographical, personal or technological restrictions (eg location, age, or the need to have access to the internet);
any limit on the availability of promotional packs (if this is not obvious);
the promoter's full name and business address;
any restriction on the number of entries;
how and when winner(s) will be notified, and when they will receive their prizes if this is more than 6 weeks after the closing date;
how and when the results will be announced; winners' names must be published or available on request, but promoters must not publish excessively detailed personal information;
the criteria for judging entries eg the most apt and original tie breaker; if the choice is open to subjective interpretation, then an independent judge (or a panel including one independent member) must be appointed, whose name must be available on request;
who will own the copyright in the competition entries (if relevant);
how entries will be returned (if applicable); and
any intention to use winners in any post promotion publicity.
Participants must be able to retain this information or have easy access to it throughout the promotion.
Northern Ireland
The Gambling Act does not extend to Northern Ireland, where the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 continues to apply. That law is similar to the law that applied in the UK until September 2007, according to the Institute of Sales Promotion. The Institute suggests that promoters will need to consider whether to:
Exclude Northern Ireland from UK prize promotions based on chance, in order to take advantage of the Gambling Act allowing games of chance to be linked to purchases of products at their normal price;
Continue to offer a free entry facility to Northern Ireland participants; or
Offer a free entry route across the whole of the UK.