Www.owlsfoundation.com



THE OWLS FOUNDATION

SUBSCRIPTION AND PRIZE DRAW TERMS AND CONDITIONS

Please note the definitions which apply throughout these Terms are set out in the glossary at the foot of these Terms.

These Terms strictly govern your (“you”, “Member”) subscription to the Sheffield Wednesday Development Association, trading as the Owls Foundation (the “Foundation”, “us”) and participation in the Prize Draws which are operated on a weekly and quarterly basis.

By subscribing to the Foundation, you agree that you have read and understood these Terms and that you agree to be bound by these Terms.

Any breach of these Terms may result in your membership being suspended or terminated and may prevent you from collecting a Prize which would have otherwise been awarded to you.

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY

TERMS

1. THE FOUNDATION

1. The Foundation is an unincorporated association. Its trading address is The Owls Foundation, Sheffield Wednesday Football Club, Hillsborough, Sheffield, S6 1SW. The Foundation is licensed by the Gambling Commission with licence number 000-035887-N-317248-004.

2. Subscription to the Foundation is a fundraising initiative promoted by the Foundation as a way to raise funds for the development and continued operation of the youth academy of Sheffield Wednesday Football Club and other similar causes (the “Good Causes”).

3. At least 20% of the Lottery Proceeds will be paid to Sheffield Wednesday Football Club (and/or other similar clubs) for use in connection with the Good Causes.

2. SUBSCRIPTION

1. To subscribe to become a Member of the Foundation you must complete the application form (which can be posted to you or which you can find on our Website). You should return the completed application form by post in accordance with the instructions on the form or submit the completed application form online on the Website in accordance with the instructions set out on the Website.

2. You can only subscribe to become a Member if you are 16 years old or over at the time at which you submit the application form. Persons under 16 years old shall not be permitted to become a Member.

3. Subscription to become a Member is £2.00 per week, payable in advance, by one of the methods set out on the application form or on the Website. Subscription fees can be paid weekly or monthly or they can be paid every 3 months, 6 months or 12 months or (if paid by standing order or debit/credit card) indefinitely subject to receipt of further notice from you.

4. On receipt of your application by post or through the Website, the Foundation will send to you a welcome letter, together with your membership card and details of your Lucky Numbers (the “Welcome Pack”). Your application has not been accepted until such time that we send out the Welcome Pack. If you have not received a Welcome Pack within 4 weeks of sending or submitting your application form you should contact us immediately. You will not be entered into the Prize Draws until such time that we have allocated to you your Lucky Numbers.

5. On becoming a Member, you will receive 5 Lucky Numbers which shall be entered into every Weekly Draw and Quarterly Draw whilst you continue to be a Member.

6. You must ensure that the details that you provide when completing the application form are true, accurate and complete. If you provide your debit/credit card details in order to complete your subscription, you warrant and represent by providing your debit/credit card details that you are the authorised user of that card and that you are permitted to use that card to subscribe to the Foundation. Should you provide false or incorrect card or bank account details or should, for any reason whatsoever, your card/bank details not be valid at the time funds are to be deducted from the card/bank account, we shall notify you. The Foundation accepts no responsibility for any loss suffered by any Member if for any reason whatsoever the debit/credit card / bank details provided by the Member are not valid and monies cannot be taken from such credit card or bank account, when required.

7. The Foundation may suspend or terminate your membership with the Foundation at any time and without notice at its absolute discretion. In such an event, the Foundation reserves the right to void any Lucky Numbers associated with that membership.

8. By accepting these Terms, you hereby agree to be bound by the Rules which govern the Foundation. A copy of the Rules is available on request to the Foundation.

3. THE PRIZE DRAWS

1. The Foundation operates the Weekly Draw and the Quarterly Draw. Only Members can participate in the Draws.

2. As a Member, your Lucky Numbers will be entered into each Weekly Draw and each Quarterly Draw whilst you continue to be a Member. For the avoidance of any doubt, your subscription as a Member does not enter you into the 50/50 draw at Sheffield Wednesday home games, for which Members will need to purchase tickets separately.

3. In order to participate in any Draw, you must have received your Lucky Numbers (which will be provided by the Foundation in your Welcome Pack).

4. If you subscribe to be a Member after the start date of a Quarterly Draw and before the Closing Time, your Lucky Numbers will be submitted to that Quarterly Draw on the basis that your chance of winning the Quarterly Draw will be reduced proportionately to the number of weeks which have passed since the start date of the Quarterly Draw up to the date on which you become a Member (for example, if you become a Member in week 6 of 12, your chance of winning the Quarterly Draw will be reduced by 50% for that first Quarterly Draw).

5. Prior to the start of each Prize Draw, the Foundation shall announce on the Website:

a) the Closing Time;

b) the date of the Draw and the date on which the Winning Numbers will be announced; and

c) the Prizes which can be won

6. The Draw shall take place promptly after the Closing Time. Details of the Prizes which are available to win for each Weekly Draw and Quarterly Draw will be set out on the Website from the time at which the Prize Draw opens.

7. The Foundation shall select, using a random number generator, one or more numbers (the “Winning Numbers”) after the Closing Time for each Prize Draw. The Foundation shall record the Winning Numbers and such record of the Winning Numbers will be final and binding.

8. Prizes will not, under any circumstances, be awarded to anyone found to be under 16 years old at the time that their application form was submitted and in the event that it is discovered that a person under 16 years old has entered a Prize Draw, all of the monies paid by that Member will be returned to the Member and the Member’s parents or legal guardian shall be informed. The Foundation reserves the right to verify the age of any Member prior to awarding a Prize.

9. The Foundation reserves the right to declare any Draw null and void if it observes, or has any reasonable grounds to suspect, any irregularities or failures in the procedure and to order a new Draw.

10. The decision of the Foundation, as to whether a Lucky Number is a Winning Number is final and binding. The Foundation shall not enter into any correspondence with any Members or any other person in relation to such decision.

11. The Winning Numbers shall be published on the Website following each Draw and each Member whose Lucky Number corresponds with the Winning Numbers will be contacted by post directly by the Foundation.

4. PRIZES

1. Details of all Prizes available to be won in relation to any particular Draw shall be set out on the Website.

2. The Foundation reserves the right to withhold or delay the award of any Prize until it is satisfied that:

1. the Member claiming the Prize is the lawful and valid owner of the relevant Lucky Numbers;

2. the Member claiming the Prize has not breached any provision of these Terms at any time, in particular (but not limited to) the representations set out at clause 6; and

3. the Member is not under 16 years old,

and a Member shall not be deemed to be a winner of a Draw until such time that the Foundation is satisfied in respect of each of the above conditions.

3. The Foundation reserves the right to request further identification documents or any other documents or information as it may require in its absolute discretion to verify the identity of a Member who wishes to claim a Prize.

4. Prizes will be sent as a cheque by post by the Foundation. If a cheque which has been sent to a Member is not cashed by that Member within 6 months of the Draw, the Foundation reserves the right (at its sole discretion) to cancel the cheque..

5. By subscribing to become a Member you consent to the Foundation using your name, location and any other additional information as the Foundation may think fit, in relation to you being a winner of a Draw, including on promotional materials relating to the Prize Draws and the Foundation.

5. OTHER MEMBER BENEFITS

1. In addition to being entered into the Prize Draws, Members will also benefit from the following:

a) access to the 1867 lounge at every home game;

b) invitation to attend ad hoc exclusive event nights;

c) team card points in return for spending money on club merchandise or tickets at the Owls Megastore;

d) second tier big match ticket priority;

e) 3 designated Foundation days per season at which Members will receive discounted match tickets; and

f) an opportunity to vote for the Foundation’s player of the year.

2. The above benefits are subject to availability/capacity and subject to change at any time, at the sole discretion of the Foundation. The Foundation will use its reasonable endeavours to notify Members of any substantial change to the benefits which are made available to Members.

3. The Foundation reserves the right to prohibit a Member from enjoying any or all of the above benefits if it has reasonable grounds for doing so.

6. MEMBER REPRESENTATIONS

1. In consideration of the Foundation permitting you to be a Member and to participate in the Prize Draws, you hereby confirm to us that:

1. your participation in the Prize Draws is for your own personal benefit (and not on a professional basis);

2. all the information that you provide to the Foundation at any time, is true and accurate in all respects and you will inform the Foundation, without delay, if any such information changes;

3. you are not an Excluded Person; and

4. you can enter into a legally binding agreement.

2. You hereby acknowledge and agree that the Foundation may, with immediate effect and without notice, terminate the contract between you and the Foundation in the event that you breach any of the representations set out in this clause 6 and as such you shall not be permitted to participate in any future Draws and any Lucky Numbers which have been allocated to you at that time of such breach shall be deemed null and void.

7. RESPONSIBLE GAMBLING

1. Any Member may opt at any time to be excluded from future Draws by visiting the Website.

2. Members may choose the length of any exclusion, subject to a minimum period of 6 months. Members will have the option of extending any such exclusion to 5 years.

3. We will not contact you at the end of any exclusion but you may reinstate your membership by contacting us using the details set out at clause 9 below. You may choose to enter into another exclusion at any time.

4. Information about responsible gambling can be found on the Website or you can visit .uk for further information.

8. YOUR PERSONAL DATA

1. The Foundation is registered as a data controller with the Information Commissioner’s Office with registration number ZA067951.

2. We will process any personal data received from you in accordance with our Privacy Policy. The Privacy Policy sets out how we store and process all Members’ personal information in accordance with the provisions of the Data Protection Act 1998.

9. LIMITATION OF THE FOUNDATION’S LIABILITY

1. Subject to clause 9.2 below and to the fullest extent permitted by law, the Foundation shall not be liable to any Member in contract, tort, negligence or otherwise for any loss or damage whatsoever arising from or in any way connected to the Member’s subscription, use of the Website or participation in any Prize Draw.

2. Nothing in these Terms shall operate to exclude or limit the liability of the Foundation for:

a) death or personal injury resulting from the negligence of the Foundation;

b) fraud or fraudulent misrepresentation; or

c) any other liability that cannot be excluded or limited by law.

3. The Foundation shall not be responsible for any errors or delays caused by any event beyond the Foundation’s reasonable control.

4. All warranties, conditions and guarantees relating to the Prize Draws made by or on behalf of the Foundation, whether express or implied by law, in the course of dealing or otherwise are excluded to the maximum extent permitted by law.

5. Subject to clause 9.2, the Foundation’s liability to any Member shall be limited to the amount of any Prize which may have been due to that Member.

6. The Foundation does not guarantee that the use of the Website will be uninterrupted and error-free. The Foundation is not responsible for any losses that any Member may suffer as a result of any interruption or errors on or to the Website.

10. COMPLAINTS OR QUERIES

If you have any queries in relation to the Foundation or the Prize Draws or if you wish to make a complaint, please contact the Foundation by email at lotteries@swfc.co.uk or by writing to The Owls Foundation, Sheffield Wednesday Football Club, Hillsborough, Sheffield, S6 1SW. You can also call us on 0114 2212217. We shall deal with your query or complaint as quickly as possible.

11. THE FOUNDATION’S INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the Website and any other intellectual property rights generated as a result of the Prize Draws shall be the property of the Foundation.

12. AMENDMENTS TO THESE TERMS AND NOTICES

1. The Foundation reserves its right to amend these Terms at any time. We shall ensure that any significant changes to these Terms are notified to all Members by contacting you directly using the contact details you have provided to the Foundation.

2. If you continue to remain a Member after notification of the changed Terms, you shall be deemed to have accepted the amended Terms.

3. It is your sole responsibility to ensure that the contact details the Foundation have for you are correct and up to date. If you change address, email address or telephone number you should notify us without delay. If we do not hold the correct contact details for you, you may miss out on receiving important information about the Foundation, the Prize Draws or other information about your membership.

13. INSOLVENCY

All Lottery Proceeds received by or on behalf of the Foundation are held in a ring-fenced trust account. In the event that the Foundation is declared insolvent, the Lottery Proceeds will be protected.

14. GOVERNING LAW

These Terms shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which arises from or in connection with these Terms.

15. GLOSSARY

The following terms shall have the meanings as set out in this clause:

|Closing Time |means the time immediately before the Winning Numbers are selected on the date stated on the |

| |Website in relation to each Draw; |

|Excluded Person |means any person who does not meet the eligibility criteria set out in clauses 2.1 and 2.2, |

| |is self-excluded under clause 7 or such other persons as the Gambling Commission may specify |

| |from time to time or as the Foundation may agree from time to time; |

|Good Causes |shall have the meaning set out in clause 1.2; |

|Lottery Proceeds |means all subscription monies received by (or on behalf of) the Foundation from Members; |

|Lucky Numbers |the numbers allocated to each new Member on acceptance of their application form, which shall|

| |be entered into each Prize Draw whilst the holder remains a Member; |

|Member |means an individual who holds a Ticket in accordance with these Terms; |

|Prize |means a prize won by a Member in accordance with clause 6 of these Terms; |

|Prize Draw or Draw |means the Weekly Draw and the Quarterly Draw; |

|Quarterly Draw |means each quarterly lottery draw operated and managed by the Foundation will shall take |

| |place after the relevant Closing Date every 3 months; |

|Rules |the constitution of the Foundation; |

|Terms |means these terms and conditions, which shall incorporate by reference, the Rules [and the |

| |privacy policy]. In the event that any terms of any of the abovementioned documents are |

| |inconsistent the terms of these Terms shall prevail; |

|Website |swfc.co.uk; |

|Weekly Draw |means each weekly lottery draw operated and managed by the Foundation will shall take place |

| |after the relevant Closing Date on a weekly basis; and |

|Winning Numbers |shall have the meaning as set out in clause 3.6. |

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