Terms and Conditions
Attention: RaffleZar is not considered a gambling or lottery related website. No purchase is necessary to enter or win and tickets are awarded for free.
These Terms and Conditions apply to, and are binding upon you if you participate at RaffleZar.
These Terms and Conditions replace any pre-existing Terms and Conditions that appeared on this web page.
In these Terms and Conditions:
"Account" means a unique Account that has been issued by RaffleZar to a unique individual. One indiviual may only have one account;
"Agreement" means these Terms and Conditions;
"RaffleZar" means the RaffleZar Website and owned and/or operated by SoliTech GmbH;
"RaffleZar Website" means http://www.rafflezar.com/ or any derivative thereof;
"We/us/our" means SoliTech GmbH, the owners and operators of the RaffleZar Website and/or its group companies;
"Your Jurisdiction" means the jurisdiction in which you are domiciled, reside or work;
"Lottery" means a distribution of prizes by chance where the persons taking part in the operation, or a substantial number of them, make a payment or consideration in return for obtaining their chance of a prize;
"Raffle" means a distribution of prizes by chance where the persons taking part in the operation, or a substantial number of them, make no payment or consideration in return for obtaining their chance of a prize;
"Ticket" means one chance at a prize which can be used in a Raffle. All tickets are given away for free with no purchase necessary;
1. Your Participation at RaffleZar
1.1. Participation
1.1.1. Participation at the RaffleZar is at your sole option, discretion and risk.
1.1.2. You are solely responsible for ascertaining whether it is legal in Your Jurisdiction to participate at the RaffleZar.
1.1.3. You may only participate at the RaffleZar if it is legal for you to do so within Your Jurisdiction.
1.1.4. In addition to the provisions of 1.1.3 above, you may only participate at the RaffleZar if you have attained the legal age of majority within Your Jurisdiction.
1.1.5. We do not warrant the legality of your participation at the RaffleZar in terms of the laws of Your Jurisdiction.
1.1.6. We have the right to request you to furnish us with proof of your identity and age as a condition precedent to us allowing you to participate at the RaffleZar.
1.2. Your Warranties
1.2.1. You warrant and represent, and we enter into this Agreement on the basis of such representations and warranties, all of which are material at the time of your entering into this Agreement and throughout the currency hereof, that you:
1.2.1.1. are legally able to participate in the RaffleZar within Your Jurisdiction;
1.2.1.2. are an "adult", having attained the age of majority within your Jurisdiction;
1.2.1.3. shall not allow any third party (in particular, but without limitation, any minor/s) to, directly or indirectly, use your Account/s that you hold at the RaffleZar, or accept a prize from the RaffleZar;
1.2.1.4. have furnished us with personal details that are valid, accurate and complete in each and every respect and that you shall advise us immediately via e-mail should such details change;
1.2.1.5. shall not deposit any monies at the RaffleZar that are derived in any manner whatsoever from illegal activities contemplated in 1.5 below;
1.2.1.6. have read and understood these Terms and Conditions.
1.3. Refusal to Register, De registration, Exclusion & Suspension
1.3.1. We may refuse to register you as a Player or elect to de register and exclude you or suspend you as a Player from RaffleZar at any time and for any reason whatsoever.
1.3.2. You acknowledge hereby that the RaffleZar is not obliged to give you prior notice of its decision to refuse, de register or exclude or suspend you, nor to furnish you with any reasons for such decision.
1.4. Consequences of De registration, Exclusion or Suspension
1.4.1. If we de register or exclude or suspend you from the RaffleZar we shall have the right to:
1.4.1.1. withhold any contested prizes whether such contested prizes are tickets, items, gift certificates or the like; and/or
1.4.1.2. solely determine what criteria you shall have to meet in order to establish a New Account at the RaffleZar; and/or
1.4.1.3 in the case of fraudulent, illegal or similar misconduct by you or failure by you to pay any sums due to us:
1.4.1.3.1 furnish any relevant information about you to an intra-group database recording such mischief and, if necessary, hand over your account details to a collections agency for the recovery of any sums that you owe us. You hereby irrevocably authorize us to do so in our absolute discretion, and/or
1.4.1.3.2 have forfeited to us any contested funds that may be derived by you from fraudulent, illegal or similar misconduct.
1.5. Dormant Accounts
1.5.1. It is recorded that the provisions of this Clause 1.5 only apply if all of a Player's Accounts at the RaffleZar proprietary to us constitute Dormant Accounts.
1.5.2. Any credit balance standing to a Dormant Player's credit in a Dormant Account may, in our sole and unfettered discretion, be handled by us as follows:
1.5.2.1. an administration fee equivalent to 30 RaffleZar tickets of such ticket balance shall be levied monthly thereon and deducted there from until the earlier of:
1.5.2.1.1. the ticket balance being reduced to zero; or
1.5.2.1.2. the Dormant Account becoming active.
1.6. Money Laundering
1.6.1. It is recorded that some jurisdictions have strict laws on money laundering that may impose an obligation upon us to report you to the federal or local authorities within such jurisdictions if we know, suspect or have reason to suspect that any of your transactions, amongst other things, involve funds derived from illegal activities or are intended to conceal funds derived from illegal activities or involve the use of the RaffleZar to facilitate criminal activity.
1.6.2. If we have knowledge or suspicion envisaged in 1.6.1 above we may:
1.6.2.1.. immediately suspend, de register or terminate your Account at the RaffleZar; and/or
1.6.2.2. at our sole discretion, not refund to you any tickets held in such Account; and/or
1.6.2.3. furnish any relevant information about you to an intra-group database recording such mischief. You hereby irrevocably authorize us to do so in our absolute discretion.
1.6.3. We reserve the right to report you to the aforementioned federal or local authorities should we, in our absolute discretion, determine that we are obliged, by law, to do so.
1.6.4. In order to assist in the prevention of money laundering:
1.6.4.1. no cash shall be accepted to fund any Account at the RaffleZar;
1.7. Publicity
1.7.1. If, whilst playing at the RaffleZar, you win a prize regarded by the RaffleZar as worthy of publicity, you agree to make yourself available for any event of such a nature arranged by the RaffleZar. The RaffleZar will do its utmost to protect your privacy at all times.
1.7.2. Without derogating from the generality of clause 1.7.1 above, you hereby grant us the right to use your first name and/or user name in any publicity about your win mentioned above and to use a picture of a model in your stead.
1.7.3. For further information on our privacy policy please see the relevant link on this RaffleZar Website.
1.8. Accounts.
1.8.1. One individual person may only register one account for them selves an only themselves. Individuals may not not register accounts on the behalf of others.
1.8.2. If we find that the winning individual of a prize has registered multiple accounts, their winnings will be void and all the accounts belonging to this individual will be permanently suspended.
2. The Service
2.1. The Service and the Software are provided "as is". We make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Service or the Software.
2.2. We shall not be liable for computer malfunctions, failure of telecommunications service or Internet connections nor attempts by you to participate in Raffles by methods, means or ways not intended by us.
2.3. We cannot guarantee that the Service will never be faulty but we will correct reported faults as soon as we reasonably can. If a fault occurs you should report the fault by e-mail or in writing to Customer Support.
2.4. We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but shall not be obliged to, give you as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after temporary suspension.
2.5. In accordance with clause 4.2 below, we will not be liable to you for any loss that you may incur as a result of such suspension or delay.
3. Shared Environments
3.1. We may impose any limits or conditions that we, in our sole discretion, deem fit on any persons who open or attempt to open Accounts at the RaffleZar where such Accounts originate from environments where computers are, or the environment is shared.
4. Indemnity & Limitation of Liability
4.1. You indemnify and hold harmless the RaffleZar, its directors, officers, employees, shareholders, agents and affiliates, the ultimate parent and parent companies of the RaffleZar and any of its subsidiaries against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive or other) arising from any participation by you at the RaffleZar. The nature of your participation shall include, but not be limited to, inter alia:
4.1.1. visiting, use or re-use of this RaffleZar Website;
4.1.2. use or re-use of any materials at, or obtained from, this RaffleZar Website or any other source whatsoever;
4.1.3. entry, use or re-use of the RaffleZar Website;
4.1.4. facilitating or making a purchase at the RaffleZar;
4.1.5. gaming at the RaffleZar;
4.1.6. acceptance and use of any prize at or from the RaffleZar;
4.2. In no circumstances whatsoever shall the RaffleZar, its directors, officers, employees, shareholders, agents and affiliates, the ultimate parent and parent companies of the RaffleZar and any of its subsidiaries be liable to you in contract, tort, negligence or otherwise, for any loss or damage howsoever arising from any cause whatsoever, whether direct or indirect, or for any amounts whatsoever (even where we have been notified by you of the possibility of such loss or damage).
5. Promotions, Competitions
5.1. It is recorded that the RaffleZar shall, from time to time, offer certain promotions and competitions and that these competitions and promotions may have separate terms, conditions and rules that are competition or promotion-specific.
5.2. These Terms and Conditions apply to any competition or promotion.
5.3. In the event of a conflict between these Terms and Conditions and the promotion or competition-specific Terms and Conditions, the promotion or competition-specific Terms and Conditions shall prevail but only to the extent that the Terms and Conditions conflict with one another.
6. Rules of Play
6.1. In addition to these Terms and Conditions certain Rules of Play shall apply to you and be binding upon you in respect of your participation at the RaffleZar.
6.2. You hereby agree to be bound by the aforementioned Rules of Play as if they were specifically incorporated into these Terms and Conditions.
7. Intellectual Property
7.1. We hereby grant you a revocable, non-exclusive, non-transferable right to use the RaffleZar Website and all content derived from the RaffleZar Website, including copyright and all intellectual property rights therein, in connection with the Service in accordance with these Terms and Conditions.
7.2. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the RaffleZar Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors.
7.3. You acknowledge and agree that the material and content contained within the RaffleZar Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of such material and content is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with, or create derivative works of such material and content.
8. General
8.1. Amendment
8.1.1. The RaffleZar may, without notice to you, amend, alter, delete, interlineate or add to ("Changes") these Terms and Conditions, the promotion or competition-specific Terms and Conditions or Rules of Play at any time whatsoever.
8.1.2. These Changes shall become effective, and you shall be bound by these Changes, immediately upon their posting on the RaffleZar Website.
8.1.3. You agree to regularly review these Terms and Conditions, promotion or competition-specific Terms and Conditions and the Rules of Play regularly in order to assess whether any Changes have been made.
8.2. Eligibility
The RaffleZar’s employees, subsidiaries and affiliates connected to any referral programs linked to the RaffleZar, advertising or other agencies, licensees, licensors, distributors and their other associated or affiliated companies or, in the case of individuals, the immediate family of such individuals, are not eligible to participate at the RaffleZar as a Player.
8.3. Severability
If any part of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with applicable law to reflect, as closely as possible, our original intent.
8.4. Non-Waiver
No indulgence granted by the RaffleZar to you should be construed as a waiver of any of our or the RaffleZar’s rights in terms of these Terms and Conditions.
8.5. Third Parties
Unless otherwise expressly stated, nothing in these Terms and Conditions shall create or confer any rights on any persons not party to these Terms and Conditions.
8.6. Assignment
We reserve the right to transfer, assign, sub-license or pledge, in whole or in part, any of the rights and obligations granted to or imposed upon us by these Terms and Conditions. You may not transfer, assign, sub-license or pledge any of the rights and obligations granted to or imposed upon you by these Terms and Conditions.
8.7. Whole Agreement
Unless the context otherwise indicates, these Terms and Conditions set out the entire agreement between us and supersede all prior oral or written agreements, arrangements or understandings between us. You acknowledge that you are not relying on any representation, agreement, term or condition that is not set out in this Agreement.
8.8. Interpretation
In this Agreement the headings are used for convenience only and shall not affect its interpretation. References to persons shall include incorporated and unincorporated persons; references to the singular include the plural and vice versa; and references to the masculine include the feminine.
8.9. Applicable Law & Jurisdiction
The validity, construction and performance of this Agreement shall be governed by Swiss law and shall be subject to the non-exclusive jurisdiction of the Swiss superior courts to which the parties hereby submit, except that a Party may seek an interim injunction in any court of competent jurisdiction.
8.10. Limitation of Actions
You hereby agree that any legal proceedings to enforce any claim that you may have (if any) against the RaffleZar shall be initiated by you within a period of 6 (six) months of the cause of action arising (the "Prescription Period"); failing which you hereby forever waive and abandon any right that you may have to enforce such claim after the Prescription Period and confirm that on the expiry of the Prescription Period the said claim shall be void, waived and abandoned in law.
8.11. Shipping and Handling
8.11.1. Shipping costs of Prizes won are paid by RaffleZar if the winners shipping address is within the continental United States of America and an economy shipping method is used.
8.11.2. If the winner is located outside of the Continental United States, the winner will be given the option to pay the shipping price or to forfeit their prize.
8.11.3. If the winner contacts RaffleZar and wishes to upgrade their shipping method, the winner will be responsible to pay the entire amount of the shipping cost.