These End User Terms are subject to change and were last updated on 1st September 2013.
Thank you for your interest in the Website and Give and Win: Sport. We want your experience of our Website to
be a positive one and we have provided these terms and conditions ("Terms") to set out the important information
and rules relating to all Users’ use of it.
Please ensure that you read these Terms carefully. By using the website you agree to be legally bound by
these Terms, which incorporate the AUP. If you do not wish to be bound by these Terms then you must not use the
The Website is owned by Rogavi Network Limited (a company registered in England and Wales
(company number 05998231 (England)), an external lottery manager (certificate number 007620-R-101758-001) whose
registered office is at 16 Station Rd, London, NW10 4UE, "Rogavi Network", "us" or "we") and your Agreement is
with us. However, each of the Society and the SARA (each as defined below) shall be entitled to enforce any of
the terms and conditions of these Terms.
In these Terms, the following words have the defined meanings as follows:
has the meaning given in Clause 13.4;
means the acceptable use policy relating to all use of the Website as revised from time to time
(the current version of which is available at the following address, www.giveandwin.co.uk);
Competition Terms and Conditions
means the terms and conditions governing the applicable Fundraising
Event(s) (and which will be made available atwww.giveandwin.co.uk);
means a donation by you to a Participating Member through the Website and "Donate" and
"Donor" shall be interpreted accordingly;
End User, you, your
means the applicant for or end user of the Website and/or participator in the
Fundraising Events and/or the Lottery;
means a prize competition or other promotion operated through the Website
(and excluding, for the avoidance of doubt, the Lottery);
Give and Win: Sport
means the lottery and website run and managed by Rogavi Network Ltd.
Intellectual Property Rights
means patents, trademarks, service marks, design rights
(whether registrable or otherwise), applications for any of the foregoing, copyright, database rights, trade or
business names and other similar rights or obligations whether registrable or not in any country (including but
not limited to the United Kingdom);means all copyright, patents, trademarks, service marks, design rights,
rights in databases, moral rights, and other intellectual property rights in each case whether registered or
unregistered and including any applications for the foregoing and all other similar rights anywhere in the
means the remote society lottery promoted by the Society and operated through the Website;
Lottery Terms and Conditions
means the terms and conditions governing the Lottery as revised from
time to time (the current version of which is available at www.giveandwin.co.uk);
means a club which has agreed with the Society to participate in Give and Win:
Sport and to which you may Donate through the Website or which you may select as the beneficiary of part of the
proceeds of your ticket purchases to Fundraising Events and/or the Lottery;
means the process by which an individual that wishes to register on the Website provides
registration information through the Website and that application is accepted by (or on behalf of) us and
"Register" shall be construed accordingly;
means a User in respect of whom Registration has been accepted by us and not
terminated under these Terms;
means the community interest company "SPORT WITHOUT LIMITS CIC" (company number 6317017
(England)), whose registered office is at Burwood House, 14-16 Caxton Street, London SW1H 0QT;
has the meaning given in Clause 10.1;
Third Party Content
means any material, information, data or other content which is owned or licensed
by a third party (including but not limited to the Participating Members);
means the website located at URL www.giveandwin.co.uk and www.giveandwin.com, including any
microsite of the website.
2.1 You do not need to register to view the Website, however, in order to participate in the
Fundraising Events and/or Lottery you must register with us by completing the online registration form on
2.2 You acknowledge and agree that your application to register is subject to certain minimum
requirements which are set out on the Website. The registration of all applications is subject to
verification by us and we reserve the right to reject an application in our reasonable discretion without
3. The website, Fundraising Events and the Lottery
3.1 If you have any questions or concerns about the Website and/or the Fundraising Events and/or Lottery
then you should direct them to us via email at [email protected]
3.2 We reserve the right to make changes or corrections, alter, suspend or discontinue all or any part
of the Website and/or the Fundraising Events and/or Lottery or any related content or your access to the
same. Any modifications or additions to the Website and/or the Fundraising Events and/or Lottery shall be
subject to these Terms.
3.3 The Services may include Third Party Content which may be subject to separate licenses from the
relevant third party. You understand that we do not control or endorse Third Party Content. All such Third
Party Content is published by us in good faith but to the extent permitted by applicable law we do not
accept responsibility for the accuracy or content of it. We make no representations whatsoever about any
other website which you may access through the Website or which may link to the Website and when you access
such third party websites you understand and agree that they are independent from the Website and that we
have no control over them and that they shall be subject to separate terms and conditions
4. Fundraising Events and the Lottery
4.1 We may host and run Fundraising Events and the Lottery on the Website from time to time for one or
more societies (including the Society).
4.2 Fundraising Events hosted on the Website shall be subject to the Competition Terms and Conditions
relating to the applicable Fundraising Event, which you must accept as a pre-condition of your entry.
These will be made available on the Website.
4.3 The Lottery shall be subject to the Lottery Terms and Conditions, which you must accept as a
pre-condition of your entry. These will be made available at www.giveandwin.co.uk.
4.4 Without prejudice to the generality of Clauses 4.2 and 4.3, you acknowledge and agree that we may in
our reasonable discretion accept or reject any entry to a Fundraising Event or the Lottery. Where we do not
for any reason accept an entry, we shall refund the entry amount we received for the purchase of the
ticket(s) relating to the entry. We will not take the entry amount for entry unless your entry has been
5.1 You may donate money to a Participating Member through the Website by clicking the button "Donate
5.2 Where you agree, the Society will collect information needed for the Participating Member to claim
Gift Aid in respect of your donation.
6. Your use of the website
6.1 You agree that you shall only use the Website in accordance with these Terms.
6.2 You shall ensure that all of the information you provide to us (including in the course of
Registration) is accurate, complete and not misleading and you agree to notify us immediately in the event
that such information becomes inaccurate for any reason.
6.3 You agree to notify us by email to [email protected] in the event that you come across
errors, bugs or shortcomings in the Website during your use of them, including any observations or comments
you may have.
7.1 Our warranties in relation to the Website and the Fundraising Events and the Lottery are set out in
full in Clause 8.2. We do not make any other promises or warranties about them (other than as must be
inferred as a matter of law).
7.2 This Clause 7 shall survive termination of the Agreement.
8. Limitation of Liability
8.1 We will accept all liability if something we do involves fraud or causes death or personal injury
where we have been negligent.
8.2 We shall operate the Website and provide the Fundraising Events and the Lottery with reasonable
skill and care.
8.3 We are responsible for losses you suffer as a result of us breaking these Terms only if the losses
are a direct and foreseeable consequence of us breaking the Terms. Subject to Clause 8.1, such liability
shall be further limited to the amounts which you have paid to us in relation to the Fundraising Events and
the Lottery under these Terms in the 12 month period preceding the date of our breach. Losses are
foreseeable where they could be contemplated by you and us at the time you register. We are not responsible
for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable
by you and us in this way. By way of example, we cannot foresee that any breach by us will cause you (a)
loss of income or revenue; (b) loss of business; (c) loss of profits; or (d) loss of anticipated savings.
8.4 You agree to indemnify us (and the Society and the SARA) from any and all claims and liabilities
(including legal fees) which arise from your breach of the Agreement
8.5 This Clause 8 shall survive termination of the Agreement.
9. Intellectual Property Rights
9.1 All Intellectual Property Rights in and to the Website, the materials contained on it and the
Fundraising Events and the Lottery (including the trade marks, design, text, graphics and other content,
interfaces and the selection and arrangement of the content, software and all other material) belongs to us
or our licensors. All rights are reserved.
9.2 We grant you a non-exclusive, royalty-free personal licence (with no right to sub-licence) to access
and use the Website for your personal, private and non-commercial use only for such time as you are a
9.3 Except to the extent and in the circumstances expressly required to be permitted by us by law, you
shall not modify, adapt, translate, copy, reproduce, republish, upload, post, transmit or distribute by any
means or in any manner any material or information included on or incorporated in the Website, the materials
contained on it or the Fundraising Events and the Lottery including but not limited to text, graphics, video,
messages, code and/or software without our prior written consent.
9.4 This Clause 9 shall survive termination of the Agreement.
10.1 You are solely responsible for protecting the confidentiality of any user name, email
verification, password and/or PIN (collectively "Security Data") which may be given to you in order for you
to use the Website or participate in the Fundraising Events and/or the Lottery and for any use of the
Website or participation in the Fundraising Events and/or the Lottery made (and any breach of these Terms)
using your Security Data (including by any third party).
10.2 You must not share Security Data with or transfer Security Data to any third party without our
10.3 You must immediately notify us if you know or suspect any unauthorised use of your Security
Data or other breach of security relating to the Services.
10.4 We check our systems using up-to-date commercial antivirus software but these do not always
detect and remove all viruses. No software (including ours) is error-free and although unlikely, it is
possible that your use of the Website could unintentionally lead to the loss or corruption of your data.
We cannot know or estimate the value to you of the data you hold on your computer and you are best able to
assess and manage the risks of data loss and corruption having regard to your data and you can easily
eliminate these risks by performing regular backups of your data. Except where we take responsibility for
risk in relation to data loss and corruption and that we accept no liability in respect of it.
10.5 This Clause 10 shall survive termination of the Agreement.
11. Data Protection
11.1 You acknowledge that in order for us to receive your Registration and provide participation in
the Fundraising Events and/or the Lottery to you, we must collect certain personal data from you and process
your personal data.
(as may be revised from time to time).
11.4 This Clause 11 shall survive termination of the Agreement..
12.1 We may terminate or suspend the Agreement and your access to the Website and/or participation in
the Fundraising Events and/or the Lottery at any time
12.2 Upon termination of the Agreement, all rights and obligations of you and us shall cease to have
effect immediately except that termination shall not affect the accrued rights and obligations of either of
us at the date of termination nor any provisions of these Terms that expressly or impliedly survive termination.
13.1 If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision
shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms shall
not be affected.
13.2 If we fail to enforce a right under these Terms, that failure will not prevent us from enforcing
other rights or the same type of right on a later occasion.
13.3 Without limiting Sections 7 (Disclaimers) and 8 (Liability), we do not take responsibility for
any event which is outside our reasonable control, including but not limited to the failure, malfunction or
unavailability of telecommunications data communications and/or computer services, power supply failures or
shortages, acts or omissions of third parties including but not limited to network operators), acts of
government or regulators nor for any consequential loss arising from such an event.
Conditions and the Lottery Terms and Conditions (collectively the "Agreement") constitute the whole
agreement between you and us in relation to the subject matter and supersedes any and all prior agreements
between you and us. You acknowledge that you have not entered into this Agreement in reliance on any
statement, warranty or representation made by us or any other person and you irrevocably and unconditionally
waive any right to claim damages and/or to rescind these Terms by reason of any misrepresentation (other
than a fraudulent misrepresentation) that is not contained in the Agreement. We may in our absolute
discretion modify this Agreement from time to time and post the new version on the Website, following which
all use of the Website and participation in the Fundraising Events and Lottery shall be governed by the
13.5 You are not permitted to assign the Agreement. We may assign, transfer or subcontract any of
our rights or obligations under this Agreement without notice to you.
13.6 of the terms of this Agreement shall be enforceable by Rogavi Network Ltd, the Society and the
SARA. No other person who is not a party to it may enforce the terms of the Agreement. The Contracts
(Rights of Third Parties) Act 1999 shall be construed accordingly.
13.7 All notices shall be given:
(a) to us via email at [email protected] or by post to our registered address as set out above;
(b) to you at either the email or postal address you provide during the registration process.
Notice will be deemed received when an email is received in full (or on the next business day if it is
received outside on 09:00 to 17:30 on a weekday that is not a bank holiday) or 3 days after the date of
posting (or, where this falls other than on a weekday that is not a bank holiday, on the next working day).
13.8 The Agreement is governed by and construed in accordance with English law. The parties submit to
the non-exclusive jurisdiction of the English courts.
13.9 This Clause 13 shall survive termination of the Agreement.