Terms & Conditions
IMPORTANT LEGAL NOTICE
1. INFORMATION ABOUT US
- www.boohoo.com is operated by Boohoo.com UK Limited (“We”). We are a company registered in England and Wales under company number 05723154 and with our registered office at 49/51 Dale Street, Manchester, England M1 2HF. Our UK VAT number is 185 4874 61. Our email address is firstname.lastname@example.org.
2. SERVICE AVAILABILITY
- Some restrictions are placed on the extent to which We accept orders from specific countries. These restrictions can be found on our “Deliveries” page here.
3. YOUR STATUS
- You may only purchase Products from us if:
- you are legally capable of entering into a binding contract with us (for example, in England and Wales you must be at least 18 years old);
- you are an authorised user of the credit or debit card used to pay for your order; and,
- are resident in a country that we deliver to (please see our “Deliveries” page here for further information).
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us (which We may refuse for any reason).
- After you submit your order, we immediately contact your bank or card issuer for authorisation to take payment from your account. We will not process your order until payment has been received in full. If we accept your order We will confirm this to you by sending you a further e-mail confirming the Product is being processed ready for dispatch at which point the contract between us ("Contract") will be formed.
- As soon as you place your order, we start to process your order which means you will not be able to change it before delivery, but you may be able to return your Products under clause 8 of these terms and conditions or under our Returns Policy.
- From time to time We may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements.
- These terms and conditions, and any Contract between us, are only in the English language. Please note that We may not necessarily keep a copy of your Contract. You should keep a copy of these terms and conditions and your order for future reference.
- Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then as soon as reasonably possible (depending on the delivery service you have selected). In any event, delivery will take place no more than 30 days after the day your Contract is entered into.
- If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or left in a safe place, after three failed attempts, we may end the Contract and clause 13 will apply.
- Delivery of your order will be complete when We deliver the Products to the address you gave us and the Products will be your responsibility from that time.
- You will own the Products once We have received payment in full.
- The images of the Products on our site and in our other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although We have made every effort to display and print the colours of the Products accurately, We cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours of the Products that will be delivered to you.
6. INTERNATIONAL DELIVERY
- If you order Products from us for delivery to a destination outside the UK:
- your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that We have no control over these charges and We cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes;
- you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law; and
- if you return any Products to us from a destination outside the UK, please ensure that the return parcel is marked clearly with the wording “Return to supplier” or wording having similar effect.
7. PRICE AND PAYMENT
- The price payable for the Products shall be as shown on our site in pounds sterling (GBP), although please see clauses 7.5 and 7.6 for what happens if We discover an error in the price of any Product you order. Prices advertised on our site include UK VAT at the relevant rate chargeable for the time being, but exclude delivery charges which are payable in addition and shown separately during the checkout process.
- We can change the prices on our site at any time without notice, but changes will not affect orders which We have already accepted. However, if the rate of VAT changes after the date of your order, We will adjust the rate of VAT you pay unless you have already paid for the Products in full before the change in VAT takes effect.
- We accept payment by debit card, credit card or Paypal. We accept the following cards: Visa, VISA Electron, Mastercard, Maestro, American Express.
- You must pay for the Products (including all applicable delivery charges), and We will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. We immediately contact your bank or card issuer for authorisation to take payment from your account.
- If We accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, We may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.
- If you wish to apply a voucher code to your order, you must enter the relevant code during the online checkout process. Only one voucher code can be used per order and additional terms and conditions may apply in respect of each voucher code. We reserve the right to decline to accept any voucher code that is invalid for your order or that has expired.
8. YOUR RIGHT TO CANCEL THE CONTRACT (EEA CUSTOMERS ONLY)
- If you are a consumer in the European Economic Area (“EEA”), you have a legal right to cancel a Contract if you change your mind until 14 days after you receive (or someone you nominate receives) the Products, unless the Products are split into several deliveries over different days in which case you will have until 14 days after the day you receive (or someone you nominate receives) the last delivery.
- If you wish to cancel a Contract under clause 8.1, you just need to communicate this to us within the timescale set out in clause 8.1. The easiest way to do this is to contact us by email at email@example.com or by post at boohoo, PO Box 553, Burnley, BB1 9GD.You may use a copy of the cancellation form available here, but you are not required to do so.
- The right to cancel a Contract under clause 8.1 does not apply to cosmetics, pierced jewellery, underwear or swimwear if the hygiene seal is not in place or has been broken.
- If you cancel a Contract under clause 8.1 after the Products have been dispatched to you, you must return them to us. You must send off the Products within 14 days of telling us that you wish to cancel the Contract. We will pay the costs of your returns if you use our free returns service in accordance with the Returns Policy here, but if you do not use this service in accordance with our instructions then you will be responsible for the cost of returning Products to us. Please see our Returns Policy here for further information about how to return Products to us.
- You have 14 days to return your items starting from the day you receive your order. This returns period starts from the date you receive your order. For further information on returns please see our Returns Policy.
10. YOUR RIGHT FOR A REFUND (EEA CUSTOMERS ONLY)
- If you are a consumer in the EEA and you cancel your Contract under clause 8.1, We will:
- refund you the price you paid for the Products. However, please note that We may reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If We refund you the price paid before We are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
- refund any charges you have paid for delivery of the Products to you, although the maximum refund for delivery costs will be the least expensive delivery method We offer to your delivery destination; and
- make any refunds due to you by the method you used for payment:
- 14 days after the day on which We receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us; or
- 14 days after you inform us of your decision to cancel the Contract
- Please see our Returns Policy here for more information about returns and refunds.
11. FAULTY PRODUCTS
- If you are a consumer, We are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these terms and conditions will affect your legal rights in relation to Products that are faulty or defective.
- If you consider that any Product We have supplied is faulty or mis-described, please notify us using the contact details set out in clause 8.2.You must return such Products to us in accordance with our reasonable instructions and the Returns Policy here, and if the Products are faulty or mis-described We will refund the price of the Products and the cost of delivery to you.
12. OUR RIGHTS TO CANCEL THE CONTRACT
- We may end the Contract at any time by writing to you if:
- you do not make any payment to us when it is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
- you do not, within a reasonable time, allow us to deliver the Products to you.
- We may also end the Contract in the circumstances set out in clause 7.5 or clause 7.6.
- If We end the Contract in any of the situations set out in clause 13.1, We will refund any money you have paid in advance for the Products We have not provided but We may deduct or charge you reasonable compensation for the costs We will incur as a result of your breaking the Contract.
13. OUR LIABILITY
- If We fail to comply with these terms and conditions, We are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and you knew it might happen.
- We only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose, We will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption or loss of business opportunity.
- We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any matter for which We may not exclude or limit our liability under any applicable law.
14. EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act, event, omission or accident beyond our reasonable control.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, We will contact you as soon as reasonably possible to notify you and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel a Contract affected by an Event Outside Our Control if there is a risk of substantial delay. To cancel a Contract under this clause 14 please contact us using the details set out in clause 8.2.
15. INTELLECTUAL PROPERTY RIGHTS
- All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All such rights are reserved.
16. OTHER IMPORTANT TERMS
- Nothing in these terms and conditions shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.
- If We have to contact you, We will do so by in writing or telephone, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means. When We refer in these terms and conditions to “in writing”, this includes e-mail.
- We may change these terms and conditions from time to time. The terms and conditions that apply to your Contract will be those that are displayed on our site when you place your order.
- We may transfer our rights and obligations under the Contract to another organisation. We will tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the Contract.
- You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
- The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If We fail to insist that you perform any of your obligations under these terms and conditions, 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.
- Please note that these terms and conditions are governed by English law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law, except that if you are not resident in England then English law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.
- In respect of any dispute or claim relating to a Contract, if you are a consumer you and We both submit to the non-exclusive jurisdiction of the courts of England and Wales, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence. If you are not a consumer, you and We both submit to the exclusive jurisdiction of the courts of England and Wales.
17. AFTER-SALES SERVICE
- Questions, comments or requests regarding these terms and conditions or our Products should be addressed to firstname.lastname@example.org.
- If you have any complaints these should be addressed in writing to boohoo by email to email@example.com or by post, boooho, PO Box 553, BURNLEY, BB11 9GD.
- If you are not satisfied with how We have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which can be found here).
PROMOTION TERMS AND CONDITIONS
Official boohoo promotion codes entitle you to an offer on your online order from www.boohoo.com. To utilise your promotion code, click the "redeem a promotion code" button on the order summary page and enter the specific code. Please note, promotion codes can only be used once per transaction and cannot be used in conjunction with any other promotion or offer. Items from the Premium Collection are excluded from all promotions. Promotion codes are territory specific, remain our property, are not transferable and are not valid for the purchase of gift cards or gift vouchers. There is no cash alternative. Promotion codes and related offers are not open to employees of boohoo.com and we reserve the right to withdraw them and refuse or restrict any order at any time. Promotion codes are only valid on boohoo.com for payments made by residents of the United Kingdom and Ireland in Sterling, where enabled, Euros, US or Australian dollars. Payment by Euros, US or Australian dollars can be enabled by selecting the appropriate flag in the dropdown currency selection menu in the top right-hand corner on the homepage.
GIFT VOUCHERS TERMS AND CONDITIONS
- You cannot purchase an Online Gift Certificate with another Gift Certificate
- If the amount of your Online Gift Certificate(s) does NOT cover the total order amount, you will need to pay the remainder of the purchase
- If the amount of your Online Gift Certificate(s) is for MORE than the total order amount, the balance will be stored with your boohoo.com account for your next purchase using the same Gift Certificate code.
- If you have any additional questions, please contact our Customer Service team
- Online Gift Certificates are non-transferable, non-refundable and are not redeemable for cash
- We cannot replace lost or stolen Online Gift Certificates.
TERMS & CONDITIONS RELATING TO BOOHOO’S ENTER TO WIN $500 WARDROBE
NO PURCHASE, DONATION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE, DONATION OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. MUST HAVE A PUBLIC TWITTER ACCOUNT TO PARTICIPATE.
PROMOTION PERIOD: The Promotion begins on September 20, 2017 at 12:00:01 a.m. (“EST”), and ends on October 20, 2017 at 11:59:59 p.m.EST (the “Promotion Period”). The Sponsor’s computers are the official time-keeping device for the Promotion, including the timeliness of entries.
ELIGIBILITY: The “$500 Giveaway Wardrobe Competition Promotion” (the “Promotion”) is subject to all applicable laws. Only legal residents of the 50 states of the Unites States, who are at least the age of majority in the entrant’s jurisdiction of residence at time of entry are eligible to enter. Void outside the jurisdictions listed in the preceding sentence and where prohibited by law. Not open to employees, officers or directors, or to members of the immediate family or household (whether related or not) of any employees, officers, or directors of boohoo.com UK Limited (“Sponsor”), or any of its parents, subsidiaries, affiliates, franchisees, or any advertising, promotion or other agencies or suppliers involved in this Promotion (collectively, the “Promotion Entities”). Eligibility may be verified at any time.
To participate, you must be a registered user of Twitter with a publically available account. If you are not a registered user of Twitter, you may become a registered user and obtain a “handle” and password by completing the registration instructions at Twitter.com. There is no fee or charge to become a registered user of Twitter.
HOW TO ENTER: During the Promotion Period, Boohoo will promote the competition on YouTube across a month period. To enter the Prize Draw entrants must sign up on the competition landing page, completing all of the required entry fields. Only one Entry is permitted per person. If you make more than one Entry, only your first Entry will be counted. Entries received after the end of the Promotion Period will not be valid. All entrants (including the Winner) must comply with any reasonable directions given to him or her by the Promoter in connection with the Promotion Period. Failure to comply with such directions may result in an invalid Entry and/or withdrawal of the Prize.
For each valid and eligible entry received by Sponsor, entrant will receive one (1) entry in the Promotion. Limit one (1) entry per person and per e-mail address. Subsequent entries from the same person or Twitter handle will be disqualified. Any attempt by a person to enter more than once with multiple email accounts or any other means may result in disqualification. All entries must be submitted within and received by the end of the Promotion Period. Proof of submission is not proof of receipt.
REQUIRED REPRESENTATIONS AND WARRANTIES: To be eligible, all entries must comply with the following criteria (collectively, the “Required Representations and Warranties”):
(i) Except for the exact text provided by Sponsor, the entry must be your own original work, created by you; must not have been previously published, released or distributed in any form; must not have been entered into any other drawing or competition nor won any award. The entry must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene, offensive, or critical of or negative towards Sponsor, its affiliates, or their respective goods/services, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party.
(ii) You represent that you have the express consent of any identifiable persons appearing in the entry to their likeness being used in the ways set out in these Official Rules, including Sponsor’s right to use the entry for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor.
(iii) The entry must not contain or reference any third-party names, social media handles, products or services of any company or entity or any third party trademarks, logos, trade dress or promotion of any brand, product or service.
(iv) The entry must be appropriate for public viewing. Without limiting the foregoing, the entry must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsor in its sole discretion decides is inappropriate, in poor taste, or objectionable. Your entry must also not disparage or cast a negative light on any person, entity, brand, product, or service.
Entries that do not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Entrants agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by the entrant or the use of any rights granted by the entrant to Sponsor hereunder. By entering, entrant warrants that the submitted entry and image comply with the entry requirements set out above including those at (i)-(v) above.
By entering, entrant, to the fullest extent of the law, grants to Sponsor a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce that entry and image and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the entry and/or image in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, the entrant hereby waives any moral rights the entrant may have in the entry and/or image in favor of the Sponsor. At Sponsor’s request and in its sole discretion, entrants may be required to execute an assignment and release transferring all rights and ownership of their entry and/or image to Sponsor, the form of such assignment to be determined by Sponsor in its sole discretion.
By submitting an entry, entrant, to the fullest extent of the law, also grants to Sponsor the worldwide, perpetual, irrevocable, fully sub-licensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the entry for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
Sponsor reserves the right to disqualify any entrant in its sole discretion. If any process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, Sponsor reserves the right to use another means to determine the winner(s). All entries are subject to verification.
DRAWING AND WINNER NOTIFICATION: One (1) winner of the Promotion will be randomly selected from all eligible entries received throughout the Promotion Period. The random drawing will be conducted on or about 10/25/2017. The potential winner will be notified by Twitter direct message, telephone, mail, and/or email, in Sponsor’s discretion, using the contact information given or otherwise available at the time of entry, and provided with information and directions to timely claim the prize. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If a potential winner does not fully respond as instructed within three (3) days after the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may be disqualified and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Each potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, “Prize Claim Documents”). If any eligible winner is not of legal age of majority in his or her place of residence (a “minor”), at Sponsor’s option, the applicable prize either may be awarded in the name of parent or legal guardian of winner, or parent or legal guardian of winner may be required to ratify and sign all Prize Claim Documents.
PRIZES/ODDS: The verified winner will receive the following prize: A $500 store credit for use at www.boohoo.com which must be redeemed by January 10th 2018. Credit is subject to certain terms and conditions as specified by issuers. Credit will appear after Sponsor processes the verified winner’s information, which may take seven days or longer. The goods that may be purchased with the Prize are subject to availability and the Promoter will have sole discretion in this respect. Odds of winning depend on the number of eligible entries received.
To the extent allowed by law, winner is solely responsible for the payment of any taxes that may be due as a result of the acceptance or use of any prize. Prize is non-transferable and no substitution by winners or cash equivalent is allowed, except Sponsor reserves the right to substitute prize for one of comparable or greater value if the advertised prize becomes unavailable. Any dates are subject to change. Any prize is awarded "AS IS." Neither Sponsor nor any other Promotion Entity makes any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Promotion or any prize. No responsibility is assumed for cancellation of any prize-related events beyond sponsor’s control.
GENERAL PROVISIONS: To the extent allowed by applicable law, acceptance of a prize constitutes winner’s permission (or minor winner’s parent/legal guardian’s permission) for Sponsor to use winner’s name, entry, photograph, likeness, voice, biographical information, Twitter handle, statements and address (city and state and country) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity (or for as long as allowed under applicable law), without further compensation except where prohibited by law. Entrants (and any minor entrant’s parent or legal guardian) agree, to the extent allowed by applicable law, that the Promotion Entities shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, from participation in the Promotion or any Promotion-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize.
No responsibility for any damage to an entrant’s computer system which is occasioned by accessing the Website or otherwise participating in the Promotion, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
Sponsor reserves the right in its sole discretion to disqualify from this Promotion and any other promotions offered by Sponsor, any individual who is found to be tampering with the entry process or the operation of the Promotion or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.
In the event of a dispute as to the identity of the entrant, any on-line entry will be deemed submitted by the authorized account holder of the e-mail account from which it was sent, provided such account holder must still meet the eligibility requirements for the Promotion. The authorized account holder shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the winning Twitter account.
Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion, in whole or in part, if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other unintended circumstances have impaired the integrity, administration, security, proper play and/or feasibility of the Promotion as contemplated herein. If the Promotion is terminated before the designated end date, Sponsor will (if possible) select winner in a random drawing from all eligible, non-suspect entries unaffected by the problem. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances.
By entering the Promotion, you agree, to the extent allowed by applicable law, that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Promotion, or any prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorney's fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses.
The Promotion, the prize, these Official Rules, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim which may arise out of or in connection with the Promotion, the prize, or these terms, and, by entering this promotion, entrants waive any objection thereto to the extent allowed by applicable law.
FOR CANADA ONLY: Any potential winner residing in Canada must answer a time-limited mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise, to be administered by Sponsor at a time specified by Sponsor. Failure to answer skill-testing question correctly in the time provided will result in disqualification and selection of an alternate winner, at Sponsor’s sole discretion.
FOR UK ONLY: For any entrant or winner residing in the United Kingdom, nothing in these Official Rules limits or excludes the liability of the Promotion Entities for fraud or for death or personal injury caused by the negligence of the Promotion Entities. Except as expressly provided above, nothing in these Official Rules affects your statutory rights
WINNER NAMES: For the name of the winner or for a copy of these Official Rules please send a stamped addressed envelope together with your written request to the following address by one (1) month following the close of the Promotion Period: 3 W 13TH Street, New York, NY 10011
SPONSOR: boohoo.com UK Limited, 49-51 Dale Street, Manchester M1 2HF