TERMS OF USE
Effective 1st April, 2024
Please read these Terms carefully and check them regularly as they may change from time
to time, per Section 3, below.
1. APPLICABILITY: These Terms of Use (these “Terms”) are between you and Early Years
Prize Draw t/a Nursery Jackpot (together with our affiliates, “Nursery Jackpot,” “we” or “us”)
and provide the general terms and conditions that govern your access to, use of, and
interactions with: (A) the Nursery Jackpot website located at www.Nursery Jackpot.co.uk
(the “Website”), (B) Nursery Jackpot applications made available through the Website (the
“Software”),(C) any Nursery Jackpot-controlled social media pages (including on Facebook,
Instagram, Spotify and Twitter), and/or (D) any content, functionality, and services offered on
or through the Website, Software and social media pages. To make these Terms easier to
read, the Website and Software, along with the Nursery Jackpot-controlled social media
pages and any content, functionality, and services offered on or through the Website,
Software and social media pages, are collectively called the “Services.”
Please Note: Each of the promotional prize draws (the “Prize Draws”) offered on the Website
are also governed by additional terms and conditions. Prior to participating in any Prize Draw
please carefully read the Experience Rules (located on the footer of the Website) and the
Official Rules.
2. YOUR ACCEPTANCE OF THESE TERMS: Your use of the Services in any way signifies
that you accept and agree to these Terms, including any modifications that Nursery Jackpot
makes from time to time. If you do not wish to be bound by these Terms, you may not access
or use the Service.
3. CHANGES TO THESE TERMS: Nursery Jackpot may modify these Terms at any time, in
our sole discretion. To the extent permitted by law, all changes are effective immediately
when we post them and apply to all access to and use of the Services thereafter. Your
continued use of the Services following the posting of revised Terms means that you accept
and agree to the changes. You are responsible for checking these Terms regularly to ensure
that you understand the Terms that apply at the time of your access to or use of the
Services.
4. AGE REQUIREMENT: You must be at least 18 years old, or the age of legal majority in
your jurisdiction of residence, to use the Services.
5. ACCESS TO THE SERVICES: The Services are offered only for your personal,
non-commercial use, and not for the use or benefit of any third-party. We may, in our sole
discretion, change, modify and/or refuse to offer some of all the Services to any person and
change the eligibility criteria at any time. Any right to access and use the Services is
automatically revoked where these Terms, or use of the Services, is prohibited or conflicts
with any applicable law, rule, or regulation.
Limiting or Modifying the Services: We reserve the right to withdraw, limit or otherwise modify
the Services, in our sole discretion without notice. We will not be liable if for any reason all or
any portion of the Services are unavailable at any time or for any period.
Internet Access: You are solely responsible for making all arrangements necessary for you to
have access to the Services, including, without limitation, securing internet connections, and
for any telecommunication fees.
App Access: The App is available via the Google Play Store for mobile phones and other
devices using the Android operating system (version 13.0 and above) and via the Apple App
Store for mobile phones and other devices using the iOS operating system (version 17 and
above). These Terms incorporate the Apple Media Services Terms and Conditions (“Apple
Terms”) and/or the Google Play Terms of Service (“Google Terms”). You agree to comply
with the Apple Terms and/or the Google Terms (as applicable), in particular any usage
restrictions set out in such terms. If and to the extent that there is any conflict or
inconsistency between (a) these Terms; and (b) the Google Terms and/or the Apple Terms
(as applicable), these Terms will prevail.
Apple Store Access: If you access or download the App from the Apple App Store, you
acknowledge:
these Terms are between you and us, and therefore we are solely responsible for the App;
Apple Inc. (“Apple”) has no obligation to provide any maintenance or support services for the
App;
if the App fails to conform to any applicable warranty, you may notify Apple, and, where
applicable, Apple will refund the purchase price for the App to you. To the maximum extent
permitted by applicable law, Apple will have no other warranty obligation whatsoever with
respect to the App. Any other claims, losses, liabilities, damages, costs or expenses
attributable to the App’s failure to conform to any warranty will be our sole responsibility;
Apple is not responsible for addressing any claims you have or any claims of any third party
relating to the App or your possession and use of the App, including, but not limited to: (i)
product liability claims; (ii) any claim that the App fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer protection or similar
legislation;
in the event of any third party claim that the App or your possession and use of the App
infringes that third party’s intellectual property rights, we will be solely responsible for the
investigation, defence, settlement and discharge of any such intellectual property
infringement claim to the extent required by these Terms;
Apple and its affiliates are third-party beneficiaries of these Terms as related to your licence
to use the App, and that, upon your acceptance of the Terms, Apple will have the right (and
will be deemed to have accepted the right) to enforce these Terms as related to your licence
of the App against you as a third party beneficiary thereof;
you must comply with all applicable third party terms of service when using the App; and
you represent and warrant that: (i) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a
terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of
prohibited or restricted parties.
6. Account Registration and Security: To enjoy full access and use of our Services, you may
be asked to provide certain registration details or other information to create a user account
(an “Account”).
Account Information: It is a condition of your use of the Services that all the information you
provide is correct, current, and complete. You may not use someone else’s name, or any
name, location, other public profile information or image that violates any third-party rights, is
against the law, or that is offensive, obscene, or otherwise objectionable. You agree to
promptly notify us if any of your information changes or is inaccurate.
Account Security: Your account is for your personal use only. You may not allow others to
use your Account and may not or transfer your Account to any other person or entity. You
must safeguard the confidentiality of your password, and if you are using a device that
others have access to, log out of your account after using the Services. You are responsible
for all activity that occurs under your account, including any activity by unauthorized users. If
you suspect or know of unauthorized access to your account, change your password and
immediately notify Nursery Jackpot by sending an email to info@nurseryjackpot.co.uk.
7. TERMINATION OF RIGHT TO USE; ACCOUNT DELETION: We have the right to
suspend, delete and/or disable any Account (or any part thereof) or block or remove any
User Contribution (as defined in Section 11, below) for any lawful reason, including if we
determine that you have violated these Terms or that your conduct or User Contribution
would tend to damage Nursery Jackpot’s reputation or goodwill. If Nursery Jackpot deletes
your account or terminates your permission to use the Services, you may not re-register for
or continue to use the Service under any other email or Account without explicit permission
by Nursery Jackpot.
8. PRIVACY NOTICE: Please review the Privacy Notice to learn about (A) what information
we may collect about you, (B) what we use that information for, and (C) with whom we may
share your information.
9. LIMITED PERMISSION TO USE THE SERVICES:
Limited License: Subject to your compliance with these Terms and solely for so long as you
are permitted by us to access and use the Services, Nursery Jackpot grants to you a
revocable, limited, non-exclusive, non-transferable, non-sublicensable, non-assignable
license to use the Services for your personal, non-commercial use only. You may not copy,
modify, reverse engineer, disassemble, or create derivative works based on the Services,
distribute, sell, grant rights in or to the Services, publicly display, republish, download, store,
or transmit any of the Services, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your
accessing and using the Services.
You may store files that are automatically cached by your web browser for display
enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website or App
for your own personal, non-commercial use and not for further reproduction, publication, or
distribution.
If we provide desktop, mobile, or other applications for download, you may download a
single copy to your computer or mobile device solely for your own personal, non-commercial
use, provided you agree to be bound by our end user license agreement for such
applications.
If we provide social media features with certain content, you may take such actions as are
enabled by such features.
This license will remain in effect unless and until you violate these Terms, or this license is
terminated by you or Nursery Jackpot. Any use of the Services not expressly permitted by
these Terms is a breach of these Terms and may violate copyright, trademark, and other
laws. Nursery Jackpot, in its sole discretion, may at any time for any reason suspend or
terminate any license hereunder without prior notice.
Nursery Jackpot Intellectual Property: The interfaces, content, arrangement and layout of the
Website and App including, but not limited to, the Nursery Jackpot trademark and logo,
designs, text, artwork, graphics, images, buttons, user interfaces, information, and other
content, and any compilation of the foregoing (“Nursery Jackpot Intellectual Property”) are
the property of Nursery Jackpot, except where otherwise noted, and are protected from
copying, imitation, communication, or simulation under United States, United Kingdom, and
international laws and may not be reproduced, modified, communicated, displayed,
distributed, or transmitted without the prior written permission of Nursery Jackpot. All
modifications and enhancements to the Services remain the sole property of Nursery
Jackpot. You understand and acknowledge that, by using the Services, you do not acquire or
obtain by implication or otherwise, any license or right to use any of the Nursery Jackpot
Intellectual Property in any manner not expressly permitted under these Terms.
10. GENERAL PROHIBITIONS AND NURSERY JACKPOT ENFORCEMENT RIGHTS: You
may use the Services only for lawful purposes and in accordance with these Terms.
Additionally, you agree that you will not do any of the following:
Impersonate or misrepresent your affiliation with any person or entity.
Interfere, or attempt to interfere, with the proper working of the Services.
Use the Services, or any portion thereof, for any commercial purpose or for the benefit of
any third-party or in any manner not permitted by these Terms or permitted expressly in
writing by Nursery Jackpot.
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used
to provide the Services.
Access, tamper with, or use non-public areas of the Services, Nursery Jackpot’s computer
systems, or the technical delivery systems of Nursery Jackpot providers.
Attempt to probe, scan or test the vulnerability of any Nursery Jackpot system or network or
breach any security or authentication measures.
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any
technological measure implemented by Nursery Jackpot or any of Nursery Jackpot’s
providers or any other third-party (including another user) to protect the Services, systems,
or other content.
Bypass any territorial restrictions, including IP address-based restrictions, that may be
applied to the Services.
Use the Services in any manner that could disable, overburden, damage, or impair the
Website or App or interfere with any other party's use of the Services, including their ability
to engage in real time activities through the Website or App.
Use any robot, spider, or other automatic device, process, or means to access the Services
for any purpose, including monitoring or copying any of any information or materials.
Use any manual process to access, monitor or copy any information or materials, or for any
other purpose not expressly authorized in these Terms, without our prior written consent.
Collect or store any personally identifiable information from other users of the Services.
Use any device, software, or routine that interferes with the proper working of the Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious
or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the
Website, App or Software, the servers on which the Website, App or Software are stored, or
any other server, computer, or database connected to the Services.
Attack the Website or App, or any other server, computer, or database connected to the
Services, via a denial-of-service attack or a distributed denial-of-service attack.
Use, display, mirror or frame the Services or any individual element within the Services,
Nursery Jackpot’s name, any Nursery Jackpot trademark, logo or other proprietary
information, or the layout and design of any page or copy contained on a page, without
Nursery Jackpot’s express written consent.
Use any meta tags or other hidden text or metadata utilizing a Nursery Jackpot trademark,
logo URL or product name without Nursery Jackpot’s express written consent.
Forge any TCP/IP packet header or any part of the header information in any email or
newsgroup posting, or in any way use the Services or User Contributions to send altered,
deceptive, or false source-identifying information.
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail,
spam, chain letters or other form of solicitation.
Post, upload, publish, submit, or transmit any User Contribution or engage in any activity
that:
infringes, misappropriates, or violates a third-party’s patent, copyright, trademark, trade
secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
violates, or encourages any conduct that would violate, any applicable law or regulation or
would give rise to civil liability.
is fraudulent, false, misleading, or deceptive.
is defamatory, obscene, pornographic, vulgar or offensive.
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual
or group.
is violent or threatening or promotes violence or actions that are threatening to any person,
animal, or entity.
publishes the confidential, proprietary or personal information of any other person or entity
exploits minors.
promotes illegal or harmful activities or substances.
Encourage or enable any other individual to do any of the foregoing to otherwise violate
these Terms.
Although we’re not obligated to monitor access to or use of the Services, we have the right
to do so for the purpose of operating the Services, to ensure compliance with these Terms,
to comply with applicable law or other legal requirements and to maintain the integrity and
reputation of the Services and Nursery Jackpot’s systems. We have the right to investigate
violations of these Terms or conduct that affects the Services. We may also consult and
cooperate with law enforcement authorities to prosecute users who violate the law.
11. USER CONTRIBUTIONS: The Services may include platforms, boards, profiles, forums,
chat features and/or other interactive features (collectively, the “Interactive Services”) that
allow users to post, submit, publish, display, or transmit to Nursery Jackpot, to other users or
to other persons generally (hereinafter, “post”) content or materials through or in connection
with the use of any of our Services (collectively, “User Contributions”). We do guarantee that
other users or third-parties will not use the User Contributions that you post. If you have
ideas and/or information that you want to remain confidential and/or do not want us or others
to use, do not post them. We shall have no responsibility to evaluate, use or compensate
you for any User Contribution. Further, we are under no obligation to oversee, monitor, or
moderate any Interactive Service we provide. You may be able to remove your User
Contributions by specifically deleting it, but we are not responsible or liable for the removal
or deletion of (or the failure to remove or delete) any of your User Contributions.
Non-Confidential and Non-Proprietary: Any User Contribution, whether publicly posted or
privately transmitted, will be considered non-confidential and non-proprietary.
License to Use User Contributions: You explicitly grant Nursery Jackpot and its service
providers, and each of their and our respective licensees, successors, and assigns a
worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers),
transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform
and display (through all media now known or later created), edit, modify, and make
derivative works from your User Contribution (including, without limitation, translations) for
any purpose whatsoever, commercial or otherwise, without any attribution and/or
compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy
or publicity in your User Contribution(s). You further grant all users of the Services
permission to view your User Contribution(s) for their personal, non-commercial purposes. If
you make suggestions to Nursery Jackpot or through the Services about improving or adding
new features or products to the Services or you otherwise provide feedback, product or
service reviews or testimonials, you hereby grant to Nursery Jackpot a worldwide, perpetual,
irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free
license and right to use, copy, modify, create derivative works based upon and otherwise
exploit your suggestions, feedback, reviews and testimonials for any purpose (including for
marketing), without any notice, compensation or other obligation to you.
Your Responsibility for Your User Contributions: Any User Contribution, whether publicly
posted or privately transmitted, is the sole responsibility of the person who posed such User
Contribution. By posting any User Contribution, you represent and warrant that:
You are not a minor.
You represent that you own (or have all rights necessary to grant Nursery Jackpot the
license above to) all the User Contributions you may post, and that Nursery Jackpot will not
need to obtain licenses from any third-party or pay royalties to any third-party to use such
User Contribution(s).
All of your User Contributions do and will comply with these Terms and any content standard
stated herein.
Monitoring and Enforcement: We do not undertake to review all User Contributions before
they are posted and cannot ensure prompt removal of objectionable material after it has
been posted. Accordingly, we assume no liability or responsibility to anyone for any action or
inaction regarding transmissions, communications, or content provided by any user or
third-party. We have no liability for the performance or nonperformance of the activities
described in this section. However, we reserve the right to: (i) remove or refuse to post any
User Contribution for any or no reason in our sole discretion, (ii) take any action with respect
to any User Contribution that we deem necessary or appropriate in our sole discretion, (iii)
Disclose your identity or other information about you to any third party who claims that
material posted by you violates their rights, including their intellectual property rights or their
right to privacy, and (iv) take appropriate legal action for any illegal or unauthorized use of
the Services.
12. THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT: Nursery Jackpot
respects the intellectual property of others, and we ask our users to do the same. Each user
is responsible for ensuring that their User Contribution does not infringe any third-party’s
right or other intellectual property rights. If you believe that the Services or any User
Contribution contains elements that infringe or misappropriate your copyrights or other
intellectual property rights (or the intellectual property rights of others), please submit written
notice to us at info@nurseryjackpot.co.uk in accordance with this section.
Copyright Infringement: If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide us with a written notice to our copyright
agent (contact information below) containing the following information:
Your name, address, telephone number, and email address.
A description of the copyrighted work that you claim has been infringed.
A description of where on the Nursery Jackpot Services the material that you claim is
infringing may be found, sufficient for Nursery Jackpot to locate the material (e.g., the URL).
A statement that you have a good-faith belief that the use of the copyrighted work is not
authorized by the copyright owner, its agent, or the law.
A statement by you under penalty of perjury that the information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your electronic or physical signature.
You may submit this information, or any counter-notice, via:
Email: info@nurseryjackpot.co.uk (with the subject line “Copyright Notices”)
Mail:
Nursery Jackpot
22 School Lane, Coningsby,
Lincolnshire, LN4 4SJ
United Kingdom
Attn: Copyright Agent
Nursery Jackpot
PO box number: 1442
LINCOLN
LN4 4TR
If properly notified that any materials infringe a third-party’s copyright, we will promptly
remove such materials from the Nursery Jackpot Services in accordance with the U.S.
Digital Millennium Copyright Act (“DCMA”), the U.K. Copyright Designs and Patents Act
1988 (“CDPA”), the U.K. Digital Economy Act 2010 (“DEA”), or equivalent laws which are
applicable in other jurisdictions. In addition, Nursery Jackpot may, when appropriate,
terminate the Accounts and license hereunder of repeat copyright infringers.
Nursery Jackpot may disclose any communications, including your contact information,
concerning DMCA, CPDA, DEA or other applicable copyright notices or other intellectual
property complaints with third-parties, including to the users who have posted the allegedly
infringing material.
13. THIRD PARTY PRODUCTS: Third-party services, content, information, and products
may be made available by Nursery Jackpot on or through the Website and App (“Third-Party
Products”). Third-Party Products are provided solely for the convenience of our users and
Nursery Jackpot makes no representations or warranties regarding any Third-Party Products
and takes no responsibility and assumes no liability for any Third-Party Products. Third-Party
Products are subject to the applicable terms and policies of the third-parties that offer them.
14. HYPERLINKS:
Links from the Website: The Website and App may contain links to websites operated by
other parties. Nursery Jackpot provides these links to other websites as a convenience and
use of these sites is at your own risk. The linked sites are not under the control of Nursery
Jackpot, and Nursery Jackpotis not responsible for the content available on the other sites.
Such links do not imply Nursery Jackpot’s endorsement of information or material on any
other site and Nursery Jackpot disclaims all liability regarding your access to and use of
such linked websites.
Links to the Website: You may not place a link to the Website on another website without our
prior written consent and, without limiting the foregoing, you must adhere to Nursery
Jackpot’s linking policy as follows: (i) the appearance, position and other aspects of the link
may not be such as to damage or dilute the goodwill associated with Nursery Jackpot and/or
its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the
link may not create the false appearance that your organization or entity is sponsored by,
affiliated with, or associated with Nursery Jackpot, (iii) when selected by a user, the link must
display the Website on full-screen and not within a frame on the linking site, and (iv) Nursery
Jackpot reserves the right to revoke its consent to the link at any time and in its sole
discretion.
15. DISCLAIMER OF WARRANTIES: The services are provided on an as is and as available
basis for your use, without warranties of any kind, either express or implied, including without
limitation, warranties of satisfactory quality, merchantability, fitness for a particular purpose,
title, non-infringement, and those arising from course of dealing or usage of trade. Nursery
Jackpot makes no warranty as to the quality, accuracy, completeness, or reliability of any
content available through, or the performance of, the services. You are responsible for
verifying any information before relying on it. Use of the services is at your sole risk. Nursery
Jackpot does not warrant that you will be able to access or use services at the times or
locations of your choosing; that the operation of the services will be uninterrupted or
error-free; that defects will be corrected; or that the services are free of viruses or other
harmful components. Nursery Jackpot provides no warranty or guarantee of any kind that
the services will meet your expectations or requirements. Because some states or
jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may
not apply to you.
16. BREACH OF THESE TERMS: You are responsible for compensating the following
persons in full for any losses or damage they suffer which is caused by your breach of these
Terms: Nursery Jackpot and its parents, subsidiaries, and affiliated companies, and all of
their respective past and present officers, directors, employees, agents, and representatives
(collectively, the “Released Parties”).
17. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY: To the maximum extent
permitted by law, the released parties are not responsible and will have no obligation or
liability resulting from (i) incorrect or incomplete information, whether caused by you or
otherwise, technical errors, or by any of the equipment or programming associated with or
utilized by Nursery Jackpot; (ii) technical failures of any kind, including, but not limited to
outages, malfunctions, interruptions, or disconnections in phone lines or network hardware
or software or scheduled or unscheduled maintenance; (iii) the use or the inability to use the
services; (iv) unauthorized access to or alteration of your transmissions or data; (v)
statements or conduct of any third party on the website or app; (vi) any other matter relating
to the services; (vi) the cost of procuring substitute goods, services or technology; or (vii) any
indirect, incidental, consequential, or special or exemplary damages arising out of or in any
way connected with access to or use of the services, even if Nursery Jackpot and/or its
affiliates have been advised of the possibility of such damages. To the full extent permissible
under applicable law, Nursery Jackpot’s aggregate liability to you or any third party in any
circumstance shall not exceed one hundred dollars ($100). You acknowledge and agree that
your sole remedy for any breach of these terms and any problems or dissatisfaction with the
website, app or any portion of the software is to terminate your account and discontinue the
use of the website, app and the software. Because some jurisdictions do not allow the
exclusion or the limitation of liability for consequential or incidental damages, in such
jurisdictions, the liability of Nursery Jackpot and its affiliates hereunder shall be limited to the
fullest extent permitted by law.
18. CONTRACTING ENTITY, GOVERNING LAW; JURISDICTION: Users of the
www.Nursery Jackpot.co.uk website or App are contracting with Nursery Jackpot. All
matters relating to the Services and/or these Terms, and any dispute or claim arising
therefrom or related thereto (in each case, including non-contractual disputes or claims),
shall be governed by and construed in accordance with the laws of England and Wales. You
can bring proceedings in respect of these Terms in the English courts. However, as a
consumer, if you live in another part of the UK you will also benefit from any mandatory
provisions of your local laws and can bring legal proceedings in respect of these
Subscription Terms in either the English courts or the competent court of your country of
habitual residence.
19. GENERAL:
Relationship of Parties: You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Nursery Jackpot because of these Terms or your use of
the Services.
Assignment: Nursery Jackpot may assign these Terms, in whole or in part, to any person or
entity at any time with or without your consent. You may not assign these Terms without
Nursery Jackpot's prior written consent, and any unauthorized assignment by you shall be
null and void.
Notices: All notices given by you or required under these Terms shall be in writing and
addressed to: Nursery Jackpot, ℅ Nicola El Mejbri , 22 School Lane, Coningsby,
Lincolnshire, LN4 4SJ.
Equitable Remedies: You hereby agree that Nursery Jackpot would be irreparably damaged
if the terms of these Terms were not specifically enforced, and therefore you agree that we
shall be entitled, without bond, other security, or proof of damages, to appropriate equitable
remedies with respect to breaches of these Terms, in addition to such other remedies as we
may otherwise have available to us under applicable laws.
Force Majeure: Neither you or Nursery Jackpot will be liable for any failure or delay in
performance under these for causes beyond the other party’s reasonable control and not
caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of
government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer
attacks or malicious acts, such as attacks on or through the internet, any internet service
provider, telecommunications or hosting facility, but in each case, only if and to the extent
that the non-performing party is without fault in causing such failure or delay, and the failure
or delay could not have been prevented by reasonable precautions and measures and
cannot reasonably be circumvented by the non-performing party through the use of
commercially reasonable, alternate sources.
Waiver and Severability: Our failure to enforce any provision of these Terms shall in no way
be construed to be a present or future waiver of such provision, nor in any way affect the
right of any party to enforce each such provision thereafter. The express waiver by us of any
provision, condition or requirement of these Terms shall not constitute a waiver of any future
obligation to comply with such provision, condition or requirement. If any of the provisions of
these Terms is found to be invalid or unenforceable, then that provision will be construed in a
manner consistent with applicable laws to reflect, as nearly as possible, the original
intentions of the parties, and the remaining provisions shall remain in full force and effect.
G. Entire Agreement: These Terms, including Official Rules and Experience Rules, as well
as any other the documents, rules or policies expressly incorporated by reference,
constitutes the entire agreement between you and us with respect to the Services supersede
all prior and contemporaneous understandings, agreements, representations, and
warranties, both written and oral, regarding the Services.
H. Your Comments and Concerns: The Website and App is operated by Nursery Jackpot.
All notices of copyright infringement claims should be sent to the copyright agent designated
in the Copyright Infringement provision, Section 12(A), in the manner and by the means set
out therein. All other feedback, comments, requests for technical support, and other
communications relating to the Services should be directed to: info@nurseryjackpot.co.uk.
I. Complaints: A complaint should be formally raised to us by emailing
info@nurseryjackpot.co.uk with the subject 'Official Complaint'. All complaints will be
investigated as appropriate and complainants will be informed of the outcome in writing
within 28 days of Nursery Jackpot acknowledging the complaint. If a complainant is
dissatisfied with Nursery Jackpot’s response, they can refer the complaint to the Fundraising
Regulator within two months of receiving the response from Nursery Jackpot. will retain
information about complaints in accordance with Nursery Jackpot Privacy Notice and with
the Fundraising Regulator’s Terms and Conditions and will provide information and
communications relating to complaints to the Fundraising Regulator where requested.
Copyright ©2024 Nursery Jackpot, Inc. All third-party names and trademarks are the
property of their respective owners.
Subscription and Entries Terms of Use
Effective 28 October 2024
* * *
Please read these Terms carefully and check them regularly as they may change from time
to time, subject to Section 3, below.
1. Applicability: These Subscription and Entries Terms of Use (these “Subscription Terms”)
provide the general terms and conditions that govern your monthly subscription and entries
with Nursery Jackpot for the Nursery Jackpot website located at www.nurseryjackpot.co.uk
(the “Website”) regarding the subscription services offered to you on the Website and more
fully described in Section 5, below (the “Subscription Services”).
Please Note: Each of the promotional prize draws (the “Prize Draws”) offered on the Website
are also governed by additional terms and conditions. Prior to participating in any Prize Draw
please carefully read the Experience Rules (located on the footer of the Website) and the
Official Rules.
2. Your Acceptance of These Subscription an Entry Terms. You accept and agree to be
bound by these Subscription Terms when you register and pay for the Subscription Services.
Please see Subsection 5(F), below, for your cancellation rights. If you do not wish to be
bound by these Subscription Terms, you may not register for or pay for the Subscription
Services.
3. Changes to these Subscription and Entry Terms: Nursery Jackpot may modify these
Subscription Terms at any time, in our sole discretion. To the extent permitted by law, all
changes are effective immediately when we post them and apply to all access to and use of
the Subscription Services thereafter, save in respect of any changes that impact on your
Subscription Services and/or Membership Fees as set out in Subsection 5(D) below. Your
continued use of the Subscription Services following the posting of revised Subscription
Terms means that you accept and agree to the changes. You are responsible for checking
these Subscription Terms regularly to ensure that you understand the Subscription Terms
that apply at the time of your access to or use of the Subscription Services.
4. Age Requirement: You must be at least 18 years old and a legal resident of the United
Kingdom to use the Subscription Services.
5. Subscription and Entry Services: The Subscription Services are offered only for your
personal, non-commercial use, and not for the use or benefit of any third-party. We may, in
our sole discretion, refuse to offer some of or all of the Subscription Services to any person
who is receiving the Subscription Services (a “Subscriber,” “you,” or “your”), or to any
potential Subscriber.
Membership:
To become a Subscriber, please visit the Website and select the appropriate button on the
Prize Draw’s webpage, and then choose which one of our subscription offers best suits your
needs. Follow the instructions to enter your full, legal name, contact and payment
information, and complete your payment. Your use of the Subscription Services
(“Membership”) will include receiving an automatic set number of entries into each applicable
Prize Draw. (i) available to online entries on the Website on the first day of each month of
Subscriber’s active Membership; and (ii) closing to online entries on the Website that same
month. For example, if the Membership Fees are £10.00/month for 30 entries, then
Subscriber will receive: (A) 30 entries into each Prize Draw (i) available to online entries on
the Website at the time of initial subscription; and (ii) closing to online entries on the Website
that same month, for each month of Subscriber’s active Membership thereafter.
5.1. Responsibility for Correct Entry Details
5.2. Customer Responsibility: It is the sole responsibility of the customer to ensure they
select the correct registered childcare setting when entering the competition.
5.3. Registered Childcare Setting: The customer must verify that their child's childcare
setting is already registered for the Nursery Jackpot scheme before submitting their entry.
5.4. Incorrect Entry Details: If a customer enters the competition using incorrect details or
selects a childcare setting that is not registered, their entry will be void. No refunds or
transfers will be provided in such cases.
6. Prize Details and Conditions
6.1 Winnings Based on Existing child care Contract
The prize value is based on the childcare contract for the entrant’s child at the time of
entering the competition. The maximum prize values are as follows:
● First Prize: Up to £10,000 towards childcare fees.
● Second Prize: Up to £3,000 towards childcare fees.
Any changes to the childcare contract after entry will not affect the prize amount.
6.2 Single-Child Eligibility
The winnings apply to only one child’s child care contract. If an entrant has multiple children
in childcare, only the contract for a single child will be considered. Sibling child care
contracts are not included in the prize.
6.3 Sibling Contracts on the Same Invoice
If the entrant has multiple children listed on the same child care invoice, the Nursery Jackpot
will cover the child with the lesser contract or lower childcare fees, up to the maximum prize
values:
● First Prize: Up to £10,000
● Second Prize: Up to £3,000
6.4 Direct Payment to Childcare Provider
For both the first and second prizes, the awarded amount will be paid directly to the winner’s
childcare provider and cannot be transferred, exchanged for cash, or used for any purpose
other than covering childcare fees.
7. Prize Payment & Verification of Childcare Contract
1. Verification of Contracted Childcare Days
Upon the announcement of the winners of both the first and second prizes, the
registered childcare setting of the winning families must provide Nursery Jackpot with
a copy of the official childcare contract that was in place at the time of entry into the
competition. This contract must clearly state the number of days and hours the child
was contracted to attend the childcare setting.
2. No Amendments After Winner Announcement
Once the winners have been announced, no amendments can be made to the
childcare contract to increase the number of contracted days or hours. Any changes
made after this point will not be recognized, and prize funds will only cover the
originally contracted amount.
3. Payment Process
○ The registered childcare setting must issue an invoice to Nursery Jackpot for
the child’s contracted amount, up to the maximum prize value.
○ Nursery Jackpot will process the payment and transfer the funds directly to
the registered childcare setting within 30 days of receiving the invoice.
○ First prize covers childcare costs up to £10,000, and second prize covers
childcare costs up to £3,000.
4. Prize Funds Are Paid to the Childcare Setting, Not the Winner
The prize money will not be paid directly to the winning family. All payments will be
made exclusively to the registered childcare setting to cover the child’s contracted
childcare fees.
5. Failure to Provide Required Documentation
If the childcare setting fails to provide the necessary contract and invoice within the
required timeframe, Nursery Jackpot reserves the right to withhold the prize and
reallocate it to an alternate eligible participant.
Some Membership plans may have differing conditions and limitations, which will be
disclosed at Subscriber’s sign-up or in other communications made available to Subscriber.
Subscriber can find specific details regarding Subscriber’s Membership by visiting the
Website and accessing Subscriber’s Account (as defined in Section 6, below) by clicking on
the “Log In” link available at the navigation menu at the top of the Website. Each Subscriber
must provide Nursery Jackpot with one or more Payment Methods (as defined in Subsection
5(B), below) in order to maintain Membership. We may from time to time offer special
promotional offers to Subscribers (“Offers”). Offer eligibility is determined by Nursery Jackpot
at its sole discretion and we reserve the right to revoke an Offer and put a Subscriber’s
Membership on hold in the event that we determine Subscriber is not eligible. We may use
information such as a Payment Method or an Account email address used with an existing
Membership to determine Offer eligibility. The eligibility requirements and other limitations
and conditions will be disclosed when you sign-up for the Offer or in other communications
made available to you.
8.1. Childcare Provider at Time of Entry
The winning funds for both First and Second prizes are strictly tied to the childcare setting in
which the entrant’s child was enrolled at the time the competition entry was submitted.
8.2. No Transfer of Prize
If a winning family chooses to move their child to a different childcare provider after entering
the competition, the prize funds will not be transferred to the new provider under any
circumstances.
8.3. Forfeiture of Winnings
In such cases, the free childcare prize will be considered forfeited, and no alternative
compensation, refund, or prize will be offered. The funds will remain with the original
registered childcare setting and cannot be reassigned or repurposed.
Membership Fees and Payment Method(s):
All fees in connection with a Subscriber’s Membership unless expressly stated otherwise
below, be charged to Subscriber at the time of initial subscription and on the first of each
calendar month thereafter.
If at the time of Subscriber’s initial subscription, a Prize Drawing (as such term is defined in
the applicable Prize Draws Experience Rules) will not be conducted between the time of the
initial subscription and the end of the applicable calendar month of the initial subscription
(“Initial Subscription Month”) then the initial Membership Fee will be charged to Subscriber at
the time of initial subscription, and Subscriber will not be charged the renewal Membership
Fees on the first of the following calendar month, but will instead be charged the renewal
Membership Fees on the first day of the second calendar month after the Initial Subscription
Month, and then on the first of each calendar month thereafter. The Subscriber’s applicable
Membership Fees will be featured on the Website in the check-out cart and will come with a
set number of entries into each applicable Prize Draw (i) available to online entries on the
Website at the time of subscription payment; and (ii) closing to online entries on the Website
in the same month as the subscription payment. For example:
(1) If a Subscriber subscribes on 10 January then Subscriber will be charged the
Membership Fees on 10 January and will be entered into and receive the applicable set
number of entries into each applicable Prize Draw (i) available to online entries on the
Website at the time of payment of the Membership Fees on 10 January; and (ii) closing to
online entries on the Website on or before 31 January. The Membership Fees would then be
billed again on 1 February and Subscriber would be entered into and receive the applicable
set number of entries into each applicable Prize Draw and each related Secondary Prize
Draw which is both (i) available to online entries on the Website at the time of subscription
payment on 1 February; and (ii) closing to online entries on the Website on or before the last
day in February, and on the first day of each month of Subscriber’s active Membership
thereafter
(2) If a Subscriber subscribes on 28 January and no Prize Drawing(s) will occur between 28
January and 31 January, then Subscriber will be charged the initial Membership Fees on 28
January and will then be entered into and receive the applicable set number of entries into
each applicable Prize Draw (i) is available to online entries on the Website on 1 February;
and (ii) closes to online entries on the Website on or before the last day in February. The
Subscriber would then be billed again on 1 March and entered into and receive the
applicable set number of entries into each applicable Prize Draw (i) available to online
entries on the Website on 1 March; and (ii) closing to online entries on the Website on or
before 31 March.
A Subscriber must cancel the Membership before it renews to avoid billing of the
Membership Fees for the next billing cycle to Subscriber’s Payment Method. You authorise
us to store your Payment Method and to automatically charge your Payment Method every
month until you cancel. We will automatically charge you the applicable Membership Fees
for your Membership every month upon renewal until you cancel in accordance with
Subsection 5(F), below. If your primary Payment Method fails, then you authorise us to
charge any other Payment Method in your Account. If you have not provided us with a
backup Payment Method(s) and you fail to provide payment or if all Payment Methods in
your Account fail, then Subscriber will not receive any entries during that applicable calendar
month and with notice to you via email, we may suspend any further renewal of your
Membership until you have provided a successful Payment Method(s). You may edit your
Payment Method(s) at any time by visiting your Account. We may also update your Payment
Method(s) using information provided by the payment service providers. Following any
update, you authorise us to continue to charge the applicable Payment Method(s). “Payment
Methods” means a current, valid and accepted method of payment, as may be updated from
time-to-time, and which may include payment through your Account.
Membership Term: Your Membership will commence as soon as your initial payment of the
Membership Fees is processed and will automatically renew each month without notice until
you cancel in accordance with Subsection 5(F), below (the “Membership Term”).
Changes to Subscription Services and/or Membership Fees: Nursery Jackpot reserves the
right to change the Subscription Services and/or adjust the Membership Fees in any manner
and at any time as Nursery Jackpot may determine in its sole and absolute discretion,
provided that any changes to a Subscriber’s Subscription Services or changes to a
Subscriber’s Membership Fees will take effect following notice to Subscriber and at the next
billing cycle, and Subscriber will have the option to cancel at any time in accordance with
Subsection 5(F), below.
Cancellation and Suspension by Nursery Jackpot : Nursery Jackpot reserves the right to
cancel or suspend the Subscription Services at any time and for any reason. Nursery
Jackpot will notify Subscriber prior to any such cancellation or suspension. In addition, if
Subscriber fails to timely pay any Membership Fees in accordance with these Subscription
Terms, Nursery Jackpot may, without limiting any of its other rights or remedies, suspend or
cancel the Subscription Services. The Subscription Services and the billing of any
Membership Fees shall be suspended during any period of Membership suspension.
Nursery Jackpot shall not resume Subscription Services, including any billing for any
Membership Fees, following a Membership suspension without the express approval and
consent of Subscriber. Any entries into an applicable Prize Draw(s) received prior to the date
of any such cancellation or suspension will remain eligible, subject to any eligibility
requirements detailed within the Official Rules for the applicable Prize Draw(s).
Cancellation by Subscriber:
Subscriber has a right to cancel Subscriber’s Membership, for any reason, within 14 days of
the date the Subscriber enters into a contract with Nursery Jackpot for the Subscription
Services (the “Cancellation Period”). If you cancel during the Cancellation Period in
accordance with this Subsection 5(F)(i), this contract will come to an end and Nursery
Jackpot will reimburse all payments received from you for the Membership. We will refund
you without undue delay, and not later than fourteen (14) days after the day on which we are
informed about your decision to cancel your Membership, using the same payment method
as you used for the transaction. We will not charge you any fees as a result of any refund.
If you wish to access your Subscription Services during the Cancellation Period, then you
may do so but:
you expressly agree that we may begin to make the Subscription Services available to you
during the Cancellation Period; and
you expressly acknowledge and agree that once the Subscription Services have been fully
performed (i.e. you receive all of the entries for your initial subscription period), your right to
cancel under Subsection 5(F)(i) will be lost.
Subscriber may also cancel Subscriber’s Membership at any time and for any reason and
upon cancellation in accordance with this Subsection 5(F)(iii), Subscriber will continue to
receive the Subscription Services through to the end of the applicable billing cycle, and will
not be charged any Membership Fees thereafter.
In order to cancel your Membership, you must contact Nursery Jackpot to let us know that
you are doing so and may use one of the following methods:
You may cancel your Membership at any time by visiting your Account page and selecting
the “Manage Subscriptions” link and click “Cancel” with respect to the subscription that you
wish to cancel; or
You may cancel your Membership at any time by completing and submitting the following
“Model Cancellation Form” via email to info@nurseryjackpot.co.uk.
Model Cancellation Form
To: Nursery Jackpot
I hereby give notice that I am cancelling my Nursery Jackpot Membership
Subscriber Name: __________
Subscriber Email: __________
Subscriber’s Address: __________
Order Number of Membership to be Cancelled: __________
Date: __________
If you cancel your Membership by submitting the Model Cancellation Form above, Nursery
Jackpot will send you an acknowledgement of receipt of your cancellation by email.
* Delete as applicable
If you cancel your Membership by submitting the Model Cancellation Form above, Nursery
Jackpot will send you an acknowledgement of receipt of your cancellation by email.
Refunds: Membership Fees support an awesome cause and entry to the Prize Draw(s) may
enable you to win an awesome Prize(s). A proportion of each Membership Fee supports an
applicable charitable organisation and helps the charity create real impact. As such, Nursery
Jackpot will not provide refunds for a Membership Fee after a Drawing has occurred. If you
have any questions about refunds in connection with your Membership, you may contact
Nursery Jackpot for assistance via email at infonurseryjackpot.co.uk. If you are refunded,
any entries into an applicable Prize Draw(s) associated with such Membership Fees will be
withdrawn and are not eligible to win.
Termination of Right to Use Subscription Services: We have the right to suspend, delete
and/or disable your access to the Subscription Services (or any part thereof) for any lawful
reason, including if we reasonably determine that you have violated these Subscription
Terms or that your conduct or User Contribution (as defined in the Terms of Use) would
damage Nursery Jackpot’s reputation or goodwill. If Nursery Jackpot terminates your use of
the Subscription Services, you may not re-register for or continue to use the Subscription
Services under any other email or Account without explicit permission given by Nursery
Jackpot . Any entries into an applicable Prize Draw(s) received prior to the date of the
termination of your right to use the Subscription Services will remain eligible, subject to any
eligibility requirements detailed within the Official Rules for the applicable Prize Draw(s).
8. Account Registration and Security: To enjoy full access and use of our Subscription
Services, you may be asked to provide certain registration details or other information to
create a user account (an “Account”).
Account Information: It is a condition of your use of the Subscription Services that all the
information you provide is correct, current, and complete. You may not use someone else’s
name, or any name, location, other public profile information or image that violates any
third-party rights, is against the law, or that is offensive, obscene, or otherwise objectionable.
You agree to promptly notify us if any of your information changes or is inaccurate.
Account Security: Your Account is for your personal use only. You may not allow others to
use your Account and may not or transfer your Account to any other person or entity. You
must safeguard the confidentiality of your password, and if you are using a device that
others have access to, log out of your Account after using the Subscription Services. You are
responsible for all activity that occurs under your Account, including any activity by
unauthorised users, unless you can demonstrate that any unauthorised use was not due to
your fault or negligence. If you suspect or know of unauthorised access to your Account,
change your password and immediately notify Nursery Jackpot by sending an email to
info@nurseryjackpot.co.uk.
9. Privacy Notice: Please review the Privacy Notice to learn about (A) what information we
may collect about you, (B) what we use that information for, and (C) with whom we may
share your information.
10. Disclaimer of Warranties: THE SUBSCRIPTION SERVICES ARE PROVIDED ON AN
AS IS AND AS AVAILABLE BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM
COURSE OF DEALING OR USAGE OF TRADE. NURSERY JACKPOT MAKES NO
WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR RELIABILITY OF
ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICES.
YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON
IT. USE OF THE SUBSCRIPTION SERVICES IS AT YOUR SOLE RISK. NURSERY
JACKPOT DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE
SUBSCRIPTION SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING;
THAT THE OPERATION OF THE SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE
SUBSCRIPTION SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. NURSERY JACKPOT PROVIDES NO WARRANTY OR GUARANTY OF
ANY KIND THAT THE SUBSCRIPTION SERVICES WILL MEET YOUR EXPECTATIONS
OR REQUIREMENTS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
11. Breach of these Subscription Terms: You are responsible for compensating the following
persons in full for any losses or damage they suffer which is caused by your breach of these
Subscription Terms: Nursery Jackpot and its parents, subsidiaries, and affiliated companies,
and all of their respective past and present officers, directors, employees, agents, and
representatives (collectively, the “Released Parties”).
12. Limitation of Liability; Sole and Exclusive Remedy: TO THE MAXIMUM EXTENT
PERMITTED BY LAW, THE RELEASED PARTIES ARE NOT RESPONSIBLE AND WILL
HAVE NO OBLIGATION OR LIABILITY RESULTING FROM (I) INCORRECT OR
INCOMPLETE INFORMATION, WHETHER CAUSED BY YOU OR OTHERWISE,
TECHNICAL ERRORS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING
ASSOCIATED WITH OR UTILISED BY NURSERY JACKPOT; (II) TECHNICAL FAILURES
OF ANY KIND, INCLUDING, BUT NOT LIMITED TO OUTAGES, MALFUNCTIONS,
INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK
HARDWARE OR SOFTWARE OR SCHEDULED OR UNSCHEDULED MAINTENANCE; (III)
THE USE OR THE INABILITY TO USE THE SUBSCRIPTION SERVICES; (IV)
UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (VI) ANY
OTHER MATTER RELATING TO THE SUBSCRIPTION SERVICES; (VI) THE COST OF
PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR (VII) ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL OR EXEMPLARY DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE
SUBSCRIPTION SERVICES, EVEN IF NURSERY JACKPOT AND/OR ITS AFFILIATES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL
EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NURSERY JACKPOT’S
AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE
SHALL NOT EXCEED ONE HUNDRED POUNDS (£100). YOU ACKNOWLEDGE AND
AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE SUBSCRIPTION
TERMS AND ANY PROBLEMS OR DISSATISFACTION WITH THE SUBSCRIPTION
SERVICES, THE WEBSITE OR ANY PORTION OF THE SOFTWARE IS TO TERMINATE
YOUR ACCOUNT AND YOUR MEMBERSHIP, AND DISCONTINUE USE OF THE
SUBSCRIPTION SERVICES, THE WEBSITE AND THE SOFTWARE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN
SUCH JURISDICTIONS, THE LIABILITY OF NURSERY JACKPOT AND ITS AFFILIATES
HEREUNDER SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Contracting Entity, Governing Law; Jurisdiction: Subscribers are contracting with Nursery
Jackpot.
All matters relating to the Subscription Services and/or these Subscription Terms, and any
dispute or Claim arising therefrom or related thereto (in each case, including non-contractual
disputes or Claims), shall be governed by and construed in accordance with the laws of
England and Wales.
You can bring proceedings in respect of these Subscription Terms in the English courts.
However, as a consumer, if you live in another part of the UK you will also benefit from any
mandatory provisions of your local laws and can bring legal proceedings in respect of these
Subscription Terms in either the English courts or the competent court of your country of
habitual residence.
14. General:
Relationship of Parties: You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Nursery Jackpot because of these Subscription Terms
or your use of the Subscription Services.
Assignment: Nursery Jackpot may assign these Subscription Terms, in whole or in part, to
any person or entity at any time with or without your consent, provided that such assignment
will not affect your rights or obligations under these Subscription Terms, Nursery Jackpot will
notify you in advance of such assignment, and you may request a refund of your most recent
Subscription Payment in the event you object to Nursery Jackpot’s assignment of these
Subscription Terms. You may not assign these Subscription Terms without Nursery
Jackpot’s prior written consent, and any unauthorised assignment by you shall be null and
void.
Equitable Remedies: You hereby agree that Nursery Jackpot would be irreparably damaged
if the terms of these Subscription Terms were not specifically enforced, and therefore you
agree that we shall be entitled, without bond, other security, or proof of damages, to
appropriate equitable remedies with respect to breaches of these Subscription Terms, in
addition to such other remedies as we may otherwise have available to us under applicable
laws.
Force Majeure: Neither you or Nursery Jackpot will be liable for any failure or delay in
performance under these for causes beyond the other party’s reasonable control and not
caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of
government, flood, fire, civil unrest, acts of terror, strikes or other labour problems, computer
attacks or malicious acts, such as attacks on or through the internet, any internet service
provider, telecommunications or hosting facility, but in each case, only if and to the extent
that the non-performing party is without fault in causing such failure or delay, and the failure
or delay could not have been prevented by reasonable precautions and measures and
cannot reasonably be circumvented by the non-performing party through the use of
commercially reasonable, alternate sources.
No Waiver: If we fail to insist that you perform any of your obligations under these
Subscription Terms, or if we do not enforce our rights against you, or if we delay in doing so,
that will not mean that we have waived our rights against you and will not mean that you do
not have to comply with those obligations. If we do waive a default by you, we will only do so
in writing, and that will not mean that we will automatically waive any later default by you.
15. Contacting Nursery Jackpot: Nursery Jackpot is the promoter of all Prize Draws on the
Website. All questions and concerns regarding these Subscription Terms should be directed
to info@nurseryjackpot.co.uk. Alternatively, you can write to us at: Nursery Jackpot, 22
School Lane, Coningsby, Lincolnshire, LN4 4SJ Attn: Nursery Jackpot Customer Service.
Copyright ©2024 Nursery Jackpot, Inc. All third-party names and trademarks are the
property of their respective owners.