Terms & conditions
Terms & conditions
Terms and Conditions for Users
These Terms and Conditions (hereafter the ‘Terms’) relate to the Website www.shopperlottery.com (hereafter the ‘Website’), the Mobile Application to which the Website Relates (hereafter the ‘Application’ or ‘App’) and the Shopper Lottery, a Commercial Communication Game being carried out subsequent to the approval of the Malta Gaming Authority (hereafter the ‘MGA’) and which complies with all legal requirements. The Shopper Lottery operates under MGA permit number MGA-309-12/2019 issued to the company.
Please read these Terms carefully before or making use of the Website or App, or otherwise registering or taking part in the Shopper Lottery in any manner whatsoever.
- ‘End User’ shall refer to the natural person who registers for the Shopper Lottery through any of the registration methods.
- ‘Participating Businesses’ shall refer to those businesses which are taking part in the Shopper Lottery scheme.
- SHOPPER LOTTERY
- Shopper Lottery is a Commercial Communication Game (hereafter the ‘Shopper Lottery’). Shopper Lottery, the Website and the App are managed by:
Untangled Media Limited (C 44674)
1, Ferris Buildings,
St. Luke’s Road,
VAT No: MT18947413
- The Shopper Lottery is carried out subsequent to the approval of the Malta Gaming Authority (hereafter the ‘MGA’) and complies with all legal requirements. Shopper Lottery operates under MGA permit number MGA-309-12/2019.
- The Shopper Lottery shall commence on the 17th August 2020. The winners will be drawn on the 17th of December 2020. The draw will be transmitted live on the Shopper Lottery Facebook page and will be carried out under the supervision of an MGA official.
- The total prize pool for the Shopper Lottery is €50,000. This will be split as follows:
- 1st Prize: 1 winner of €10,000
- 2nd Prize: 2 winners of €5,000 each
- 3rd Prize: 3 winners of €2,500 each
- 4th Prize: 5 winners of €500 each
- 5th Prize: 200 winners of €100 each
- HOW IT WORKS
- A list of Participating Businesses is accessible on the Website.
- For an End User to take part in the Shopper Lottery he shall be required to register. An End User can register in one of the two following ways:
- Registering via the Website by following this link: https://www.shopperlottery.com/en/register.htm End users opening an account online will receive one free ticket for the next lottery.
- Or by sending in receipts to the following address. All receipts must clearly have a person’s Name, ID Card, Address and Contact Number on them:
1, Ferris Bldgs,
St. Luke’s Road,
- In the case of End Users who register using the postal method outlined in Clause 2.b.iii above, their registration will be completed by the Administrator.
- For every €25 (twenty five Euro) spent by an End User at any outlet of the Participating Businesses, the End User will be allocated one ticket for the Shopper Lottery (hereafter ‘Lottery Ticket’).
For the sake of clarity: if €78 are spent, three tickets will be provided to the End User, if €102 are spent, four tickets will be provided to the End User, and so on.
- All Lottery Tickets redeemed between the start of the Shopper Lottery campaign (17th August 2020) and the 10th of December 2020 will be included in the draw.
- All winners will be notified by email and, or telephone call.
- REDEMPTION OF LOTTERY TICKETS
- Lottery Tickets will be issued in digital format, and will be accessible on the End User’s profile available at www.shopperlottery.com
- In order for the End User to redeem his Lottery Tickets he shall be required to either:
- Scan/take photos of all receipts provided by the Participating Businesses and upload such scans/photos via his profile on the Website; OR
- Photocopy or take photos of all receipts provided by the Participating Businesses and post such photocopies or photos to the following postal address:
Untangled Media Limited
1, Ferris Bldgs,
St. Luke’s Road,
In the case of End Users who use the postal method outlined in Clause 3.b.iii above in order to redeem their Lottery Tickets, their Lottery Tickets will be allocated to their Shopper Lottery profile by the Administrator. Receipts or photocopies of receipts posted in the manner outlined above must have the name, surname, ID card, Address and telephone number used to register the account written on the back of such receipt or photocopy.
All winners will be notified by email and, or telephone call.
If any winner is unable to be contacted after reasonable attempts have been made, Shopper Lottery reserves the right to cancel the winning.Reasonable attempts shall be considered four phone calls and two emails.
- Only fiscal receipts and post-purchase invoices are considered by the Administrator to be valid proof of purchase. All invoices must be issued in the name of the end user. To clarify, if an uploaded invoice is in the name of any other person or entity (inc a company) it will not be accepted.
- Two receipts from the same outlet can be grouped together in one upload in order to make up the minimum amount (€25) per submission. Eg. If a receipt of €20 and another receipt of €8 are uploaded together (in one photo) then the total value will be considered to be €28. In this case one ticket will be allocated.
- The maximum number of tickets issued to one end user per lottery is limited to 1,000.
- CLAIMING THE WINNINGS
- The monetary prizes won by End Users (hereafter ‘Prize Money’) will be given in the form of credit to be spent exclusively at the outlets of Participating Businesses. A list of Participating Businesses at which prize money can be spent will be made accessible in digital format on the Website. This list will also be sent to all winners via email or in hard copy.
- End Users who have won (hereafter ‘Winners’) may spend their Prize Money in the following ways:
- Winners are to make their desired purchases at the outlets of any Participating Businesses and subsequently produce the relative fiscal receipts or accepted post-purchase invoices at the Shopper Lottery offices during business hours. The money will then be transferred to the bank account of the Winner. Alternatively, a cheque can be issued by the Administrator to settle the claim with the Winner;
- For purchases over €1,000 (one thousand Euro), the Administrator can, if accepted by the Participating Business, settle the invoice with the Participating Business, on the Winner’s behalf.
- Prize money will only be awarded if fiscally accepted proof of purchase is presented (e.g. VAT receipt) along with the Winner’s proof of identity.
- Prize Money won by End Users must be spent within three months of the draw. Claims for Prize Money spent must reach Shopper Lottery offices by not later than three months after the draw. Any Prize Money which was not spent within three months after the draw, will be lost.
- The payments to the winners will be made on the 15th of the month following that in which we receive the claim to allow for processing and confirmation.
- Only individuals who are 18 years or over at the time of registration of their Shopper Lottery account are permitted to take part in any Shopper Lottery Draw. Prizes will only be paid out to the individual in whose name the Shopper Lottery account has been registered. No prize will be paid to minors under the age of 18. A valid proof of identity document will be required to be presented for the collection and pay out of any prizes.
- The lottery is being held under the rules as set by the Malta Gaming Authority. Shopper Lottery might be required to share information with the MGA, and other authorities if requested.
- Shopper Lottery reserves the right to refuse participation to the Shopper Lottery to any person if:
- They are not over the age of the age of 18;
- For some legal reason they are not allowed to participate in lotteries;
- The proof of purchase provided is deemed unacceptable by the Administrator;
- The proof of purchase is falsified or there is suspicion it has been tempered with;
- The proof of purchase is not within our system within the accepted entry dates.
- The user opens more than one account
- The user uses a receipt more than once to gain unfair access to more tickets
- Is caught to be cheating
- Should any end user be found to be breaking these rules their account will be suspended and all entries nulled (tickets invalid)
- Shopper Lottery is a lottery service provider and is not representing Participating Businesses in any manner. Shopper Lottery does not accept any liabilities for any product or service purchased from Participating Businesses.
- Winners agree to the use of their name and image in any publicity material. The company reserves the right to ask for an image or request the winners to attend a photo or video shoot. If the winner refuses to provide an image and / or attend any shoots as requested, the company may decide to suspend the winner, and therefore not provide the prize won.
- Employees of Untangled Media Limited are not allowed to participate.
Any references in this Policy to “Shopper Lottery”, “The Company”, “Us”, “We” or “Our” relate to the Data Controller, namely, Untangled Media Limited (C44674), 1, Ferris Bldgs, St. Luke’s Road, Gwardamangia, Malta.
- The Maltese Data Protection Act (hereafter referred to as the “DPA” - Chapter 586 of the Laws of Malta) as well as any other subsidiary legislation issued under the DPA as may be amended from time to time; and
- Regulation (EU) 2016/679 of The European Parliament And of The Council of 27 April 2016 On The Protection of Natural Persons With Regard to The Processing of Personal Data And On The Free Movement of Such Data, And Repealing Directive 95/46/EC (General Data Protection Regulation)” (hereinafter referred to as “the Regulation” or “GDPR”).
The DPA and the GDPR shall hereafter be collectively referred to as the “Data Protection Laws”.
The Company determines the means and purposes of the processing of Personal Data and therefore acts as the “Data Controller” in terms of the applicable Data Protection Laws.
The Data Controller
“The Data Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
The Data Processor
“The Data Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
“Personal Data” means any information that identifies You individually or relates to an identified or identifiable natural person.
The Company stores Your Personal Data digitally on encrypted hard drives.
PERSONAL DATA PROTECTION
Personal Data held by Us is protected using the highest industry standard security processes and systems. Our commitment to protect personal data is not merely through quality and high standards but also through the best and most efficient application of the law. We are bound to only process personal data if such processing is based on a genuine and legitimate reason to do so on the basis of one of the legal grounds established in the GDPR.
PROCESSING ON THE BASIS OF OUR LEGITIMATE INTERESTS
A legitimate interest exists when We have a business or commercial reason upon which personal data will be processed. In such a case We undertake to protect any and all of Your personal data and the manner in which such data is processed and to ensure that such processing would not be unfair to You or to Your interest.
If and when We decide to process Your personal data on the basis of legitimate interest, We will inform You of such, what said legitimate interest are and provide a process whereby You will be able to raise any questions and/or objections which You way have in relation to such processing. It is important to note that The Company is not obliged to stop processing if the grounds for processing over-ride Your right to object.
PROCESSING ON THE BASIS OF YOUR CONSENT
Consent is not the only ground we may be permitted or obliged to rely on to process Your personal data. We will only process personal data on the basis of Your consent where we cannot or otherwise choose not to rely on any ulterior legal ground (such as compliance with a legal obligation or legitimate interest). Where we process Your personal data on the basis of Your consent, you shall have the right to withdraw your consent at any time and in the same manner as it had been previously provided by Yourself. In the case that You exercise Your right to withdraw consent, we would then determine whether we are able (or obliged) to process Your personal data on the basis of any other legal ground other than consent. If this is the case We will notify You accordingly. Any such withdrawal of Your consent will not invalidate any processing operations carried out prior to You having withdrawn Your consent.
DATA RETENTION POLICY
Any and all personal data The Company will keep will be protected in the best way possible and will only be used for purposes which are compatible with the applicable Data Protection Laws as well as any other applicable laws. The Company will retain Your Personal Data only for as long as is necessary (taking into consideration the purpose for which it was originally obtained). The criteria We use to determine what is ‘necessary’ depends on the particular Personal Data in question and the specific relationship We have with You (including its duration).
Generally, Our normal practice is to determine whether there is/are any specific EU and/or Maltese law(s) (for example tax or corporate laws) permitting or even obliging Us to keep certain Personal Data for a certain period of time (in which case We will keep the Personal Data for the maximum period indicated by any such law). For example, any data that can be deemed to be ‘accounting records’ must be kept for ten (10) years.
We would also have to determine whether there are any laws and/or contractual provisions that may be invoked against Us by You and/or third parties and if so, what the prescriptive periods for such actions are (this is usually five (5) years). In the latter case, We will keep any relevant Personal Data that We may need to defend Ourselves against any claim(s), challenge(s) or other such action(s) by You and/or third parties for such time as is necessary.
Where Your Personal Data is no longer required by Us, We will either securely delete or anonymise the Personal Data in question.
Failure to provide Your Personal Data may prevent The Company from meeting its legal and regulatory obligations, fulfilling its contractual obligations and rendering and/or performing the necessary services needed to satisfactorily manage and maintain Your account. Therefore, failure to provide the necessary personal data may lead to The Company being unable to provide You with certain products and/or services.
PERSONAL DATA WHICH WE COLLECT, PURPOSE OF THE PROCESSING & LEGAL BASIS OF THE PROCESSING
The following table outlines the categories of personal data which We process, the purpose for which We process such data as well as the corresponding legal basis used for such processing. It is pertinent to know that the same categories of personal data may be processed for different purposes and therefore on the basis of a various legal grounds simultaneously depending on the purpose of processing.
CATEGORIES OF PERSONAL DATA
PURPOSE OF THE PROCESSING
LEGAL BASIS USED FOR PROCESSING
Contact data (Ex: Name, Surname, mailing address, telephone/mobile number, email address)
Identity data (Ex: Name, Surname, address, date of birth, identity card/passport number, gender)
To set up a record on Our system and register you as a new participant.
To identify You in order to be able to pay out any winnings.
Legitimate Interest (ensuring we maintain an accurate record on Our system and providing You with information which you may have requested)
To manage our ongoing relationship with You and provide You with customer care services.
Legitimate Interest (keeping track of any winnings already paid out and of any which are still to be paid out)
To subscribe to a newsletter, campaigns and/or to be added to a mailing list.
Data required for marketing purposes (Ex: Name, Surname, mailing address, telephone/mobile number, email address, proof of opt-in consent (where required), proof of objections to marketing, website data and online identifiers (such as IP address, and other information generated by Your browser))
To provide You with marketing material that You have requested from Us or that we are otherwise authorised to send You.
To personalise Your customer experience.
Your consent (where required)
Our Legitimate Interests (for marketing purposes, where We do not require Your consent & to improve Our services)
The Company may also collect personal data from publicly available sources such as web searches, company registers and broadcast media provided it is reasonable to do so and such conduct is not detrimental to Your rights and freedoms.
PROCESSING ON THE BASIS OF CONSENT
For the avoidance of all doubt, We would like to point out that in those limited cases where We cannot or choose not to rely on another legal ground (for example, Our legitimate interests), We will process Your Personal Data on the basis of Your consent.
In those cases where We process on the basis of Your consent (which We will never presume but which We shall have obtained in a clear and manifest manner from You), YOU HAVE THE RIGHT TO WITHDRAW YOUR CONSENT AT ANY TIME and this, in the same manner as You shall have provided it to Us.
Should You exercise Your right to withdraw Your consent at any time (by writing to Us at the physical or email address below), We will determine whether at that stage an alternative legal basis exists for processing Your Personal Data (for example, on the basis of a legal obligation to which We are subject) where We would be legally authorised (or even obliged) to process Your Personal Data without needing Your consent and if so, notify You accordingly.
When We ask for such Personal Data, You may always decline, however should You decline to provide Us with necessary data that We require to provide requested services, We may not necessarily be able to provide You with such services (especially if consent is the only legal ground that is available to Us).
Just to clarify, consent is not the only ground that permits Us to process Your Personal Data. In the last preceding section above We pointed out the various grounds that We rely on when processing Your Personal Data for specific purposes.
We may be required to use and retain personal information for; loss prevention; and to protect Our rights, privacy, safety, or property, or those of other persons in accordance with Our legitimate interests. We also may be required to retain personal information in order to comply with Malta Gaming Authority regulations.
AUTHORISED DISCLOSURES OF PERSONAL DATA TO THIRD PARTIES
When any such personal data has to be transferred outside of the EEA – European Economic Area, We ensure that all the necessary and appropriate safeguards are in place. We may also disclose personal information to other companies within associated or subsidiary companies and to business partners, or successors in title to Our business. The manner in which data transfer outside the EEA is handled is detailed below. Your Personal Data will never be shared with third parties for their marketing purposes (unless You give Your consent thereto).
SHARING OF PERSONAL DATA WITH OTHER CATEGORIES OF RECIPIENTS
Any such authorised disclosures will be done in accordance with the Data Protection laws (for example, all Our processors are contractually bound by the requirements in the said Data Protection Laws, including a strict obligation to keep any information they receive confidential and to ensure that their employees/personnel are also bound by similar obligations). The said service providers (Our processors) are also bound by a number of other obligations (in particular, those established in Article 28 of the GDPR).
Your Personal Data will never be shared with third parties for their marketing purposes (unless You give Your consent thereto).
You will be aware that data sent via the Internet may be transmitted across international borders even where sender and receiver of information are located in the same country. We cannot be held responsible for anything done or omitted to be done by You or any third party in connection with any Personal Data prior to Our receiving it including but not limited to any transfers of Personal Data from You to Us via a country having a lower level of data protection than that in place in the European Union, and this, by any technological means whatsoever (for example, WhatsApp, Skype, Dropbox etc.).
Moreover, We shall accept no responsibility or liability whatsoever for the security of Your data while in transit through the internet unless Our responsibility results explicitly from a law having effect in Malta.
ACCURACY OF PERSONAL DATA
All reasonable efforts are made to keep any Personal Data We may hold about You up-to-date and as accurate as possible. You can check the information that We hold about You at any time by contacting Us in the manner explained below. If You find any inaccuracies, We will correct them and where required, delete them as necessary. Please see below for a detailed list of Your legal rights in terms of any applicable data protection law.
LINKS TO THIRD PARTY SITES
Links that We provide to third-party websites are clearly marked and We are not in any way whatsoever responsible for (nor can We be deemed to endorse in any way) the content of such websites (including any applicable privacy policies or data processing operations of any kind). We suggest that You should read the privacy policies of any such third-party websites.
TRANSFER OF DATA OUTSIDE OF THE EEA
Your personal data will only be transferred outside of the EEA or any other non-EEA country which has been deemed by the European Commission to offer an adequate level of protection (also referred to as “white-listed countries” – listed here https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en) in the following circumstances: When You have expressly consented Us to do so; when it is necessary to constitute or execute a contract entered between You and The Company; or to be compliant and in line with any and all legal obligations or duties.
In the event that personal data is transferred outside of the EEA, within The Company or to any of The Company’s business partners, We ensure to implement all appropriate safeguards to ensure that the same protection is afforded and the same standards are applied as would be within the EEA. You are entitled to receive a copy of such safeguards by contacting Us at the address below.
Contracts containing the EU Standard Contractual clauses (EU Model Clauses) will be used which require the entity receiving the personal data to use the same standards as they would be subject to within the EEA. Should any data be transferred to the USA and the entity receiving the data is registered with Privacy Shield (a framework that ensures personal data protection) it will be taken that the same level of protection as approved by the European Commission.
DATA SUBJECT RIGHTS
The Company undertakes to assist You in the best way possible should You choose to exercise any of Your rights with respect to Your personal data. In certain cases We might need to verify Your identity prior to acceding to Your request to exercise any relevant right.
Right of Access
You have a right to ask Us whether We are processing any personal data which concerns You and if this is the case, You shall have the right to access that personal data as well as the following information:
- What Personal Data We have,
- Why We process them,
- Who We disclose them to,
- How long We intend on keeping them for (where possible),
- Whether We transfer them abroad and the safeguards We take to protect them,
- What Your rights are,
- How You can make a complaint,
- Where We got Your Personal Data from and - Whether We have carried out any automated decision-making (including profiling) as well as related information.
Right to Rectification
You have a right to ask us to have any inaccurate or incomplete personal data relating to You rectified and/or completed.
Right of Erasure (the “right to be forgotten”)
You have the right to ask Us to delete Your Personal Data and We shall comply without undue delay but only where:
- The Personal Data are no longer necessary for the purposes for which they were collected;
- You have withdrawn Your consent (in those instances where We process on the basis of Your consent) and We have no other legal ground to process Your Personal Data;
- You shall have successfully exercised Your right to object (as explained below);
- Your Personal Data shall have been processed unlawfully;
- There exists a legal obligation to which We are subject; OR
- Special circumstances exist in connection with certain children’s rights.
In any case, We shall not be legally bound to comply with Your erasure request if the processing of Your Personal Data is necessary to comply with a legal obligation imposed on Us.
Right to Restriction of Processing
You have the right to ask Us to restrict the processing of Your personal data. However, You are only able to exercise this right where:
- The accuracy of Your Personal Data is contested (see the right to data rectification above), for a period enabling Us to verify the accuracy of the Personal Data; or
- The processing is unlawful and You oppose the erasure of Your Personal Data; or
- We no longer need the Personal Data for the purposes for which they were collected but You need the Personal Data for the establishment, exercise or defence of legal claims; or
- You exercised Your right to object and verification of Our legitimate grounds to override Your objection is pending.
Should You successfully exercise this right, We would only be in a position to process Your personal data:
- Where We have Your consent; or
- For the establishment, exercise or defence of legal claims; or
- For the protection of the rights of another natural or legal person; or
- For reasons of important public interest.
Right to Data Portability
You have the right to ask Us to provide You with Your personal data which You would have previously provided to Us. We will provide You such data in a structured, commonly used, machine readable format, or (where technically feasible) We may have the data sent directly to another Data Controller, provided this does not adversely affect the rights and freedoms of others. You may only exercise this right where:
- The processing is based on Your consent or on the performance of a contract with You; and
- The processing is carried out by automated means.
Right to Withdraw Consent
For detailed information on this right, refer to “PROCESSING ON THE BASIS OF CONSENT” section, above.
Right to Object to Processing
In certain instances, You have the right to object to the processing of Your personal data. Where we are only processing Your personal data on the basis of one of the following purposes:
- The processing is necessary for the performance of a task carried out in the public interest; or
- When processing is necessary for the purposes of the legitimate interests pursued by Us or by a third party,
the processing shall only cease where the Data Controller has not provided compelling and legitimate grounds which outweigh the objections raised by You in such a request and which require the processing to continue.
Where Your data is being processed for direct marketing purposes, You have the right to object to the processing of Your personal data at any time.
In all other instances apart from those listed above, this general right to object shall not subsist.
Right to Lodge a Complaint
As a Data subject You may at any time lodge a complaint with any relevant Data Protection Supervisory Authority should You feel that any of Your rights have been impinged by The Company. The Competent Supervisory Authority in Malta is the Office of the Information and Data Protection Commissioner (‘IDPC’).
Notwithstanding this right, We kindly ask You to please attempt to resolve any issues You may have with Us prior lodging a complaint with the IDPC.
It is important to note that notwithstanding such rights, The Company may still refuse such request if it can reasonably justify such decision. Such refusal does not prohibit You from lodging a complaint with the relevant data protection authority.
If You have any questions/ comments about privacy or should You wish to exercise any of Your individual rights, please contact Us at: email@example.com or by writing to the address above, by phoning Us using telephone number (+356) 2789 2789.