INTRODUCTION

Carboon Project is an associated brand of, and operated by, Carboon Project LTD (registered in England & Wales, company number 14575639).

Please read these terms and conditions (Terms) carefully as it is a legally binding contract.

These Terms set out the terms and conditions under which Carboon Project (Carboon Project, we, or us) provides you access to, and governs your use of, the website located at www.carboon.org and the information, content, features and services provided

OUR STATUS

We do not promote a lottery and are not lottery promoters.

We are not a gambling or gaming company requiring a license from the UK Gambling Commission.

Carboon Project operates and makes entry available into regular Prize Draws. The way in which Carboon Project operates these Prize Draws falls outside the definition of gambling as set out in Section 3 of the Gambling Act 2005. Therefore, it does not require a licence to operate and does not constitute gambling.

It does this by providing a Free Alternative Method of Entry into all of the Prize Draws it makes available. All entries made using any Free Alternative Method of Entry are treated the same as any paid entries and have an equal chance of winning a prize as any paid entries in Prize Draws that they are entered into.

ENTRIES AWARDED AS PRIZES

Carboon Project may award entries into an upcoming Prize Draw as a prize in an earlier Prize Draw (Award Entry). Prize Draw entries awarded to Customers as prizes have no cash value and are not redeemable for cash under any circumstances. The numbers used for any entries awarded in these circumstances will be generated randomly, and Customers will not be able to choose the numbers used for these entries.

SUBSCRIPTION ENTRIES

Carboon Project provides the option to purchase entries on a subscription basis. Where this is made available, you must explicitly ‘opt-in’ to subscription payments, and the price and payment frequency will be clearly communicated before you choose to subscribe. When you opt in for subscription payments for a specific Prize Draw entry, Carboon Project will charge the cost of this entry to your selected payment method, as set out in your Account. The same entry numbers will subsequently be purchased in the next available Prize Draw
 

To process your subscription payments, we store a unique token representing your payment details via our third-party payment provider. This token allows us to perform ‘cardholder not present’ transactions (i.e., transactions initiated by us without re-entering your details) for each subscription payment due. Users who send postal entries on a monthly basis are treated as Subscribers and will receive the same perks.

 

Carboon Project may occasionally offer free entries on a subscription basis. Free subscriptions may differ in benefits and prizes from paid options, and any such differences will be clearly communicated on the Site.

SUBSCRIPTION CANCELLATIONS

Subscriptions can be cancelled at any time via your Account. If cancelled, you will no longer be considered a Subscriber and will not be charged for that subscription from the date of cancellation onward.

If you begin a subscription using the "Subscribe & get 1st entry free" promotion and cancel before the draw takes place, your free entry will be invalidated and excluded from the draw.

 REFUNDS

Carboon Project Prize Draw entries purchased through the Site or via subscription are non-refundable under normal circumstances. If Carboon Project cancels a Prize Draw after entries have been purchased, those amounts will be refunded to the original payment methods used by Customers and Subscribers.

INTERNET ACCESS

You are responsible for any internet connection and telecommunication fees and charges that you incur when accessing the Site.

 ACCOUNTS

To use certain portions of the Site, you will be directed to register on the Site and create a Customer profile or account (Account). Eligibility is limited to those who are at least 18 years old and resident in the UK. As part of the registration process, you will be required to provide personal information including contact details. You agree that all information you provide to Carboon Project for the purposes of creating an account (Registration Information) will be true, accurate, current and complete, and your failure to provide such information shall constitute a breach of these Terms and may result in the immediate termination of your Account. You shall (i) promptly update your Registration Information to keep it true, accurate, current and complete; and (ii) maintain the confidentiality of your password.

 

In creating an Account, you shall not:

(a) select or use the email address or User name of another person with the intent to impersonate that person,

(b) use a name subject to the rights of any other person without authorisation,

(c) use an email address or User name that is profane, offensive or otherwise inappropriate, or

(d) allow any other party to use your Account and/or password except as set forth herein.

 

You may not share or transfer your Account to a third party. You may not disclose your password to anyone. You agree to immediately notify Carboon Project by sending an email to hello@carboonproject.org of any known or suspected unauthorised use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. Carboon Project is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.

Carboon Project employees and directors may not participate in any of the Prize Draws made available on the Site.

TERMINATION OF ACCOUNT

You understand and agree that you have no ownership rights in your Account and Carboon Project may gain access to your Account at any time. Further, Carboon Project may cancel your Account, delete all of your Registration Information and any other information you have provided through the Site (collectively, User Content) associated with your Account at any time, without notice, for any reason including, without limitation, your violation of these Terms. Carboon Project will not be liable for any damages or loss resulting from the removal of any User Content from the Site. You may cancel your Account at any time and cancellation will take effect immediately. Carboon Project reserves the right to temporarily or permanently restrict or block access to the Site to any Users.

POLICY FOR VULNERABLE PLAYERS

Carboon Project is committed to ensuring that draw tickets are not knowingly sold to vulnerable people such as someone under the influence of alcohol or drugs, or someone who is incoherent, or suffering from dementia or Alzheimer’s disease, etc. Carboon Project will politely refuse to assist vulnerable people in purchasing draw entries and may recommend that the customer speaks with a carer or family member before proceeding with the transaction. Carboon Project will monitor ongoing communications with customers in order to try and detect whether a person’s vulnerability becomes evident, such that the customer’s monthly membership can be cancelled and any game-related future communications can be terminated.

LIMITED LICENSE TO USE SITE

Subject to these Terms, Carboon Project hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to access and use the Site. The Site may only be used for personal and non-commercial purposes and must at all times be used in accordance with these Terms and rules, restrictions, and/or documentation set forth by Carboon Project from time to time. All modifications and enhancements to the Site remain the sole property of Carboon Project. You agree not to license, create derivative works from, transfer, sell, or re-sell any information, content, or services obtained from the Site. You understand that Carboon Project, in its sole discretion, may at any time for any reason suspend or terminate any license hereunder and disable the Site, or any part thereof, without prior notice. Carboon Project reserves the right to add or remove features or functions to the Site at any time in its sole discretion.

 

Notwithstanding anything to the contrary herein, you may not:

(i) cause, permit, or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Site;

(ii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Site, including, without limitation, through sublicense, to any other entity without the prior written consent of Carboon Project; or

(iii) make any false, misleading, or deceptive statement or representation regarding Carboon Project and/or the Site.

USE OF SITE AND SERVICE

You agree that you will not, in connection with your use of the Site, violate any applicable law or regulation. Without limiting the foregoing, you agree not to (i) make available through the Site any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); (ii) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site or otherwise attempt to disrupt the Site or any other person's use of the Site; or (iii) attempt to gain unauthorised access to the Site, Accounts registered to other Users, or the computer systems or networks connected to the Site. Furthermore, you may not use the Site to develop, generate, transmit or store information that:

(a) is defamatory, harmful, abusive, obscene or hateful;

(b) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Site;

(c) performs any unsolicited commercial communication not permitted by applicable law;

(d) constitutes harassment or a violation of privacy or threatens other people or groups of people;

(e) is harmful to children in any manner;

(f) violates any applicable law, regulation or ordinance;

(g) makes any false, misleading or deceptive statement or representation regarding Carboon Project and/or the Site; or

(h) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).

 

You agree that you will not:

(i) obtain or attempt to obtain any information from the Site including, without limitation, email information of other Account holders or other Software data;

(ii) intercept, examine or otherwise observe any proprietary communications protocol used by the Site or Software, whether through the use of a network analyser, packet sniffer or other device; or

(iii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorised access to, or distort, delete, damage or disassemble, the Site.

 

You understand that all data, information, text, software, graphics, video, messages, tags, or other materials (Content), whether publicly posted or privately transmitted, on the Site or through the use of the Site, are the sole responsibility of the person posting or transmitting such Content. Carboon Project does not control the Content posted on the Site or transmitted through the use of the Site and, as such, Carboon Project does not guarantee, and shall not be responsible for any deficiencies relating to, the accuracy, reliability or quality of such Content. Further, you acknowledge that Carboon Project may not pre-screen Content that is displayed on the Site or transmitted through the use of the Site. You understand that by visiting the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will Carboon Project be liable in any way for any User-generated Content including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site or through the use of the Site.

The Site may provide forums and/or chat features enabling Users to post User observations and comments. We cannot guarantee that other members or Users will not use the ideas and/or information that you share. If you have ideas and/or information that you want to remain confidential and/or do not want others to use, do not post them via the Site. We shall have no responsibility to evaluate, use or compensate you for any ideas and/or information that you submit on the Site or through the use of the Site.

All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Site, such as your suggestions regarding improvements that we make to the Site (collectively, Comments) will become our exclusive property once they are posted on the Site. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation:

(i) to maintain any Comments in confidence;

(ii) to pay to you or any third party any compensation for any Comments; or

(iii) to respond to any Comments.

You are and shall remain solely responsible for the content of any Comments you make before they are posted on the Site. By posting Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorised to post, distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.

 

Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored by Carboon Project as necessary to operate the Site and may be disclosed to a third party:

(i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena);

(ii) to satisfy any applicable laws or regulations;

(iii) where we believe that the Site is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organisations for the purposes of fraud protection and credit risk reduction;

(iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and

(v) in order to protect the rights or property of Carboon Project, including to enforce these Terms.

By accepting these Terms, you hereby provide your irrevocable consent to such monitoring, access and disclosure.

When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third party rights rests solely with you.

The Site is operated by Carboon Project in the United Kingdom. Those who choose to access and use the Site from locations outside the United Kingdom do so on their own initiative and are responsible for compliance with applicable local laws.

Third Party Products

Disclaimer of Liability: The Carboon Project may offer third-party products or services via the site, but assumes no responsibility or liability for them.

Third-Party Terms Apply: Use of such products is governed by the respective third party's terms and policies.

Hyperlinks

Third-Party Links: The site may link to external websites. The Carboon Project is not responsible for the content or use of those sites and does not endorse them.

Linking to The Carboon Project: If you link to the Carboon Project:

You must not damage its brand or create a false affiliation.

The link must open The Carboon Project’s site in full screen (not within frames).

The Carboon Project can revoke linking permission at any time.

Intellectual Property

Ownership: All content and design elements on the site are owned by The Carboon Project and protected by law.

Restrictions: You may not use, copy, or distribute The Carboon Project's intellectual property without permission.

Infringement Reporting: If you believe your IP is being infringed on the site, you can contact The Carboon Project at info@daymade.co.uk.

Repeat Infringers: The Carboon Project may terminate accounts of users who repeatedly violate IP rights.

 

Disclaimer of Warranties

“As Is” Basis: The site is offered without warranties of any kind.

No Guarantees: The Carboon Project does not guarantee:

Continuous or error-free access.

Accuracy or reliability of content.

That the site will meet your expectations.

Viruses and Errors: No assurances are made that the site is free from harmful components.

Jurisdiction Caveat: Some limitations may not apply depending on your local laws.

 

Limitation of Liability

Cap on Liability: Maximum liability to any user is limited to £100.

Exclusions: The Carboon Project is not liable for:

Lost data or profits.

Device damage.

ndirect or special damages.

Unauthorized access or third-party actions.

Sole Remedy: If dissatisfied, your only recourse is to stop using the site and close your account.

Jurisdiction Caveat: Limits apply only where legally permissible.

INDEMNIFICATION

You agree to defend, indemnify and hold Carboon Project, and its successors and assigns, and their respective officers, directors, affiliates, agents and employees, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees and costs) arising out of or relating to (i) your use or misuse of the Site, (ii) your breach or alleged breach of these Terms, including, without limitation, a breach or alleged breach of any representation or warranty by you in these Terms; (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site, or (iv) infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the User Content or Comments that you post on the Site.

 ANTI MONEY LAUNDERING POLICY

On top of complying with all conditions as laid out by “The Gambling Act 2005” in relation to prize competitions, Carboon Project has put in place measures to prevent its systems from being used for the purposes of money laundering, terrorist financing or any other criminal activity.

Carboon Project is committed to preventing money laundering and combatting the financing of terrorism in order to minimise and manage its reputational risk, legal risk and regulatory risk. It is also committed to its wider social responsibility in preventing crime by not allowing its systems to be used to commit crimes.

In order to adhere to Anti Money Laundering regulations and requirements, Carboon Project shall:

Appoint a designated Money Laundering Reporting Officer (MLRO) whose responsibility it is to report possible acts of money laundering to the authorities. This role belongs to Lisa Nederveen.

Take reasonable steps to establish the identity of any person for whom it is proposed to provide its service.

Keep at all times a secure online list of all registered Players.

Retain identification and transactional documentation for each Player.

Provide initial and ongoing training to all relevant staff so that they are aware of their personal responsibilities and the procedures in respect of identifying Players, monitoring Player activity, record-keeping and reporting any unusual/suspicious transactions.

Ensure that this policy is reviewed and maintained regularly.

Examine, as much as is possible, the background and purpose of any complex or large transactions or groups of transactions which are likely, by their nature, to be related to money laundering or the funding of terrorism.

Not accept or open anonymous Accounts or Accounts in fictitious names such that the true beneficial owner is not known.

Not register a Player who is under eighteen (18) years of age.

Only register a single account in the name of a particular person.

Transfer payments of winnings or refunds back to the same route from where the funds originated, where possible.

Not accept cash from Players. Funds may be received from Players only by any of the approved methods.

Terminate a Player’s registration if it becomes aware that a person has provided false information when onboarding.

Report any suspicion or knowledge of money laundering or terrorism financing to the authorities.

Cooperate with all relevant administrative, enforcement and judicial authorities in their endeavour to prevent and detect criminal activity.

 

GOVERNING LAW AND JURISDICTION

These Terms shall be governed by, and will be construed under, the laws of England, without regard to choice of law principles. All disputes arising out of or related to your use of the Site shall be subject to the exclusive jurisdiction of the courts in England and you agree to submit to the personal jurisdiction of such courts.

Monthly Draws Prize Table (valid for online, postal entries & Find the Duck entries
Number of Number Matches 4 + Bonus Ball pick at random each week
Jackpot Prize      £10,000
Chance of Prize Being Won Per Entry 1 / 3,410,550

              

Miscellaneous rules

Carboon Project and any affiliated parties are not responsible for illegible, lost, late, incomplete, misdirected, or undeliverable email; or for any computer, telephone, satellite, cable, network, electronic or internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/internet/website/use net accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorised human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information.

 

By entering Prize Draws, you agree: (a) to be bound by the Prize Draw Rules and by all applicable laws and decisions of Carboon Project, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to the Prize Draw Rules; (c) to waive all of your rights to bring any claim, action, or proceeding against Carboon Project and third parties in connection with that Prize Draw; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside legal fees) that may arise in connection with your participation in a Prize Draw (including any Prize).

 

In the event of a dispute regarding entries received from multiple Customers having the same email account, the authorised subscriber of the email account at the time of entry will be deemed to be the entrant and must comply with these rules. The ‘authorised subscriber’ of the email account is the natural person who is assigned the email address by the Internet Service Provider (ISP), online service provider, or other organisation responsible for assigning email addresses.

 

27. PAYMENT OF PRIZES

Prizes won will be paid differently depending on the prize.

 

Electronically deliverable prizes such as experience vouchers will be delivered to winners using the email address they have registered with.

 

For travel prizes winners will be contacted via their registered email address to arrange a call with someone from the Carboon Project team. Winners will not be liable for any postage costs incurred in sending the prizes to them. We may ask if winners would be willing to participate in a photo shoot with their prize for our promotional purposes. If winners agree, then we will hand deliver the prize to them at a date and time that we agree upon together. Winners of physical prizes will in no way be obligated to do this. Where a travel/experience prize has multiple options available then we will contact the winner via their registered email address first to determine which option they would like. No cash prize alternatives are available for physical prizes.

 

We may also require proof of identity and to perform other checks prior to booking the holiday. No payment will be required from Customers to receive any prize.

 

Winners have 28 days to inform us of their prize of choice. Redemption period varies based on choice of prize. By entering Carboon Project you play for a variety of prizes. Carboon Project reserves the right to add or remove prizes to the selection without notifying the customer.

 

Winners of the Platinum, Diamond and CARBOON MAKER prizes (as specified on the Prizes page of this Site) agree to allow Carboon Project to use winner content (such as photos/quotes) on the Site and for marketing purposes.

 

Adequate travel insurance is a condition of your contract with us. You must be satisfied that your travel insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you are undertaking any adventure sports or other such activities as part of your trip, you must ensure this is covered by your travel insurance policy. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising.

 

28. TAXATION OF PRIZES

All prizes won from entries sold in the UK are tax free.

 

29. DISPUTES

You agree that any and all disputes and disagreements between us will be governed by the laws of England and you will bring any claims only in the courts of England. You also agree that unless you are prohibited from law in doing so, you promise you will bring any and all disputes, claims and causes of action against Carboon Project individually, without resort to any form of class action. Finally, unless the law prohibits you from doing so, you agree to waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and participants further waive all rights to have damages multiplied or increased.

 

30. Gift Cards

When purchasing a gift card on the Site you are pre-paying for a monthly subscription of your chosen duration for our Friday Monthly Draw. Gift Cards are non-refundable and cannot be exchanged for cash or for any other products.

 

Gift Card recipients will be treated the same as our Subscribers, meaning they will have the exact same odds and rights as our Subscribers and will benefit from the same perks.

Carboon Project reserves the right to amend any aspect of the Monthly Draws, including (but not limited to): prize table, ranges of the numbers draw each month (in this case, if any of the Gift Card's numbers lie outside the allowed range, they will be replaced by a random number within the correct range). Amendments made by Carboon Project will not invalidate any valid Gift Card and will also not result in a refund.

Carboon Project Gift Cards are valid for 6 months. This means that you must redeem your gift card for a subscription within 6 months of its purchase date.

In the case that Carboon Project cancels any of the Monthly Draws, the Gift Card’s validity will be extended accordingly where possible to make up for the lost draws. If this is not possible, a pro-rata refund will be processed for the purchaser of the Gift Card.