Terms & Conditions
Last updated: July 2007

Terms & Conditions – Fair Exchange:

THE OFFICIAL TERMS & CONDITIONS OF FAIR-EXCHANGE.COM AND ITS SUBSIDIARY WEBSITES.

  • NO PURCHASE NECESSARY TO ENTER
  • Fair Exchange is operated by PDV Limited. We are members of the Direct Marketing Association and are registered with the Office of the Information Commissioner under the Data Protection Act. We adhere to all privacy and prize promotion legislation. Should you have any concerns at all you can contact PDV Limited at Customer Services, PDV Limited, 32 Farringdon Street, London, EC4A 4HJ.
  • Participants agree to abide by the terms of these Official Rules which are final on all matters pertaining to Fair-Exchange.com and its subsidiary sites, constituting the whole agreement between participants and PDV Ltd. Fair-Exchange.com and its subsidiary sites are governed exclusively by the laws of England. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant and the Sponsor in connection with Fair-Exchange.com, shall be governed by, and construed in accordance with the laws of England, without giving effect to any choice of law or conflict of law rules or provisions (whether of England or of any other jurisdiction), that would cause the application of the laws of any jurisdiction other than of England. Time shall be of the essence of these Official Rules as regards any time, date or period referred to.
  • Winners further grant to PDV Ltd. the irrevocable right but not the obligation to use and publish their proper name and the town and/or county of their postal address online and in print, or any other media, in connection with Fair-Exchange.com. Acceptance of any prize constitutes irrevocable permission for PDV Ltd. and their advertising and promotional agencies to use winner's name and likenesses for advertising and promotional purposes without additional compensation unless prohibited by law. By entering, participants release and hold harmless PDV Ltd., their respective parents, subsidiaries, affiliates, directors, officers, employees and agents from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with Fair-Exchange.com or any prize won or any publication or use of winners' names and likenesses and addresses as aforesaid.
  • Fair-Exchange.com offers Prize Draws both operated by PDV Limited and by its advertiser partners. The use of the information that you provide will be made clear in both instances. Your personal details will not be passed on to advertisers without your express permission.
  • When you register your details (your real first name, last name, postal address, e-mail address and other relevant information) you agree to have those details validated, receive advertiser and prize draw offers and questionnaires by e-mail.
  • You can change ALL your choices and personal details at any time by logging-on to the Fair-Exchange.com site and clicking on ‘My Profile’.
  • Advertiser and prize-draw e-mails will be sent to you via our 'Fair-Exchange' brand. Each email is clearly marked as coming from 'Fair-Exchange' and includes a link to unsubscribe from further emails (please allow 3 working days to full removal). You'll also receive Fair-Exchange Newsletter emails that will update you with what’s going on the site (new prizes, winners details, new services, etc…). If you no longer wish to receive any of these emails you will have to unsubscribe from these separately to the advertiser emails sent from 'Fair Exchange'.
  • When you register your details for the first time, you will receive your first FAIRPOINT. Each FAIRPOINT is one chance to win the current EASYPRIZE. You can earn additional FAIRPOINTS by responding to emails, completing questionnaires and successfully referring friends to the site. Details & conditions will be posted on the Fair-Exchange.com site or delivered to you via email.
  • You can swap FAIRPOINTS for a chance to play a Fair Exchange game or for Rewards if you have earned sufficient FAIRPOINTS.
  • When you swap your FAIRPOINTS for chances to play a Fair Exchange game, you have to complete the game and match the randomly generated numbers(see individual games for details).
  • In the event that you choose to swap your FAIRPOINTS for a reward other than a chances to play a Fair Exchange game all postage and packing will be covered unless we specifically say otherwise in the promotional terms. Please allow 28 days for delivery (in order to allow for unforeseen events beyond our control such as postal strikes, low stock or acts of God). Fair Exchange will, however, endeavour deliver your reward much faster than that.
  • Winners will be notified by e-mail at the e-mail address provided within their registration. It is the sole responsibility of each participant to ensure that these details are kept updated and PDV Ltd accepts no responsibility for any failure on the part of any participant in this or any other respect.
  • PDV reserves the right to amend these Terms & Conditions, the rules or cancel Fair Exchange, any of Fair Exchange’s subsidiaries and any of its prize draws at any time without prior notice.
  • The latest Terms & Conditions will be kept on Fair-Exchange.com at all times.

Eligibility:

  • Unless otherwise stated, Fair-Exchange.com and its subsidiary sites are only open to residents of the UK aged 16 or over.
  • An individual can only have one account with Fair Exchange. The name of the account will be the individual's valid email address. Entrants cannot share an account. Anyone entering any invalid or false details will be disqualified from winning and be liable for any costs incurred by PDV Ltd, its partners or associates.
  • Account details must be kept up to date and accurate in order for PDV Ltd to contact you.
  • The closing date for each EASYPRIZE is indicated on Fair Exchange. All entries are at the discretion of PDV Ltd. SUPERDRAW will continue to run until all entries have been allotted. If a SUPERDRAW Player wins more entries than are left for the prize the amount of entries will be increased.
  • Persons connected with Fair Exchange, its subsidiary sites, PDV or any of its sponsors, advertisers or suppliers are ineligible to enter the draw.
  • Terms and conditions of third parties also apply where that third party fulfils a prize (PDV is not responsible for the fulfilment of these draws).

General Prizes & Winners:

  • All prizes are subject to availability. Should any prize be unavailable, have a long delivery period and/or waiting list, a prize of similar price or specification will be substituted. If no suitable* prize can be found a cash alternative will be provided, at the discretion of PDV Ltd. *For example: winners below the age of 18 will not be able to collect a prize that is or includes alcohol.
  • A random generator process selects all winners. All PDV Ltd operated Prize Draws take place within 5 working days of the end of the Prize Draw close date.
  • Prizes must be claimed within 28 days. Unclaimed prizes will be void.
  • PDV Ltd accepts no liability for unclaimed prizes, the processing of account details or unconsidered entries, due to any technical failure(s) or failures otherwise.
  • No other prizes will be awarded. No substitution or transfer of prizes. Taxes are the responsibility of winners.
  • Winner's details will be posted on the Fair-Exchange.com site and displayed in emails.
  • Where necessary, winners are required to take part in promotional activities. PDV Ltd will endeavour to pre-warn a winner of such activity, where the winners name, image or likeness is used. PDV Ltd can revoke prizes if reasonable level of co-operation is not forthcoming.
  • Grand Prize winners must respond to notification by e-mail or registered postal mail within 28 days of the notification being sent by registered mail (the "Notification Period") or the prize will be forfeited. Grand Prize winners will be required to execute and return a witnessed Affidavit of Eligibility and Liability/Publicity Release the form of which will be supplied by PDV Limited ("PDV Ltd." or the "Sponsor"), the sponsor of the site, within the Notification Period. Non-compliance within the Notification Period will result in disqualification. As a condition of claiming the Grand Prize, winners will also be required to provide satisfactory proof of identity, age and residency. This may include evidence such as a passport, a photo driver's licence, and utility bills and it will be matter for the sole discretion of PDV LTD to determine whether such satisfactory proof has been provided. The identification and contact details provided must match those currently held on our database. It is the sole responsibility of each participant to ensure that these details are kept updated and PDV Ltd. accept no responsibility for any failure on the part of any participant in this or any other respect.
  • Note that winners of any Fair-Exchange game will only ever be notified (and their prize winnings paid) by PDV Limited and never by any third party. You will NEVER be asked to make any payment in order to claim a cash prize from us.
  • The winning numbers for our games are automatically generated by a Random Number Generator and the processes are all fully audited. Winners are contacted via automated email by our Prize Claim Team (using the contact details held in the ‘My profile’ section of Fair Exchange) as confirmed in our Terms and Conditions. Please ensure that you keep this section updated with any changes to ensure that you receive your prize. All of our Jackpot Prizes are insured by some of the world’s largest insurance underwriters who have approved our audit and draw methodology. The results from our audited system are final in all instances.
  • Fair Exchange reserves the right to allow game entries from other websites, this means that the prize winner might be an ‘indirect member’ of Fair-Exchange.com.

Game Specific Prizes & Winners:

Fair Exchange offers a range of games – as such, each game has unique prizes and rules. Where there are any exceptions or additions to our general Terms & Conditions, they are highlighted below:

The Daily Draw & StrikerMillion:

  • The Prizes:
    • Match 6 numbers and the Bonus Ball £1,000,000
    • Match 6 numbers £5,000
    • Match 5 numbers £100
    • Match 4 numbers 400 FairPoints
  • If more than one entry contains all of the winning numbers, the Grand Prize will be divided evenly among the correct entries. The Grand Prize will be paid as forty annual installments of £25,000 and, in the event of the winner's death this will continue to be paid to the winner's estate.

The Daily Draw – Extra!/Striker Million – Fantasy Five-a-Side:

  • The Grand Prize fund will be created by the number of plays generated within The Daily Draw Extra. At the beginning of each Draw period, the fund will start at a nominated value and an extra contribution will be added for each play until the Grand prize is won. If more than one entry contains all of the winning numbers then the prize will be divided evenly among the correct entries. There are no runner-up prizes and no substitution or transfer of prizes. The Grand Prize will be awarded as a single cash payment. Winners will be notified by e-mail and also by Registered Post and they must respond by e-mail or registered post within 21 days of notification or the prize will be forfeited.

ScratchandMatch:

  • Every card is a potential winning card with a prize of £50.
  • The prize fund is payable when you reveal twelve winning symbols.

Win a Million with Fruitillion:

  • The prizes on the Win a Million with Fruitillion game vary depending on the number of matches obtained. Every time you spin the reels you play for a chance to win £1,000,000 instantly. The overall game objective is to get as many Fruitillion symbols as possible. Of course, the more Fruitillion symbols you get the higher the prizes. These are the winning combinations:
    • 5 Fruitillion symbols £1,000,000
    • 4 Fruitillion symbols £10,000
    • 3 Fruitillion symbols £100
    • 2 Fruitillion symbols 10 Fair Points
    • 1 Fruitillion symbols 2 Fair Points
  • A random generator process selects all the winning symbols in the Win a Million with Fruitillion slot machine. You’ll find-out immediately whether you’ve won by way of a pop up screen appearing where the reels were informing you about the prize you have won. Every winner will be notified in an email sent to him/her with instructions on how to collect your prize (except if the prize is free plays which will be credited immediately into the FairPoints Total). PDV will aim to make payments or fulfil the prizes within 28 days.

WinaFlat:

  • The prizes on the WinaFlat game vary depending on the number of matches obtained. Every time you spin the cement mixer you play for a chance to win a £400,000 London Flat instantly. The overall game objective is to get as many Key symbols as possible. Of course, the more Key symbols you get the higher the prizes. Theses are the winning combinations:
    • 5 Key symbols £400,000
    • 4 Key symbols £10,000 cash
    • 3 Key symbols £100 cash
    • 2 Key symbols 10 Fair Points
    • 1 Key symbols 2 Fair Points
  • In exceptional circumstances a cash alternative of £400,000 will be awarded.
  • A random generator process selects all the winning symbols in the WinaFlat Cement Mixer machine. You’ll find-out immediately whether you’ve won by way of a pop up screen appearing where the reels were informing you about the prize you have won. Every winner will be notified in an email sent to him/her with instructions on how to collect your prize (except if the prize is free plays which will be credited immediately into the FairPoints Total). PDV will aim to make payments or fulfil the prizes within 28 days.

WinaFerrari:

  • The prizes on the WinaFerrari game vary depending on the number of matches obtained. Every time you race you play for a chance to win His & Her Ferrari to a value of £400,000 instantly. The overall game objective is to get your car to win the race. Of course, the higher you place in the race the higher the prizes. Theses are the winning combinations:
    • 1st Place 2 x Ferraris to a value of £400,000
    • 2nd Place £10,000 cash
    • 3rd Place £100 cash
    • 4th Place 10 Fair Points
    • 5th Place 2 Fair Points
  • In exceptional circumstances a cash alternative of £400,000 will be awarded.
  • A random generator process selects all the winning positions in the WinaFerrari race. You’ll find-out immediately whether you’ve won by way of a pop up screen appearing at the end of the race informing you about the prize you have won. Every winner will be notified in an email sent to him/her with instructions on how to collect your prize (except if the prize is free plays which will be credited immediately into the FairPoints Total). PDV will aim to make payments or fulfil the prizes within 28 days.

Game Specfic Terms:

Fair Exchange offers a range of games – as such, each game has unique terms and conditions. Where there are any exceptions or additions to our general Terms & Conditions, they are highlighted below:

The Daily Draw & StrikerMillion:

  • To enter The Daily Draw or StrikerMillion, you will need to pick 7 numbers between 1 and 49, with no duplicated numbers. The last number picked, will be your bonus ball and will only count towards a prize if you’ve matched the first 6 numbers drawn. You can (i) pick 7 unique numbers on each play card (ii) allow the computer to pick numbers at random for you (referred to as "Random Choice" with the bonus ball highlighted in light blue) or (iii) use the numbers that you most recently selected in the previous draw that you entered (referred to as “Your Last Numbers”). In order to submit your entry you must then clicking on an advertiser’s banner. You will be notified by e-mail of the results of your entry or entries for each daily draw. If you are notified that you are a potential winner of a major prize, you must respond with your entry and your name. The name must match the information in our database before a prize will be awarded. In the event of a dispute, the information in our database will govern. Entries will be deemed made by the person whose name was given in the registration process.
  • How TheDailyDraw.com & StrikerMillion.com Are Played: Each day, 7 numbers between 1 and 49 will be selected by a random number generator at approximately 0:00 AM UKT (the "drawing"). The last number selected will be the ‘Bonus Ball’. These numbers will be matched against all eligible entries received before and including 11.59 PM (the "Draw Period"). If an entry identically matches each of the 6 winning numbers and the ‘Bonus Ball’ that is generated by the random number generator, that entry will be awarded the Grand Prize of £1,000,000 (pending eligibility verification).
  • PDV Ltd will at time to time operate the same £1,000,0000 daily draw via a variety of websites both wholly owned by PDV Ltd and used by partners. Rules for entering the draw apply to that particular website. If more than one entry contains all of the winning numbers, the Grand Prize will be divided evenly among the correct entries across all the variety of websites.
  • No other prizes will be awarded. No substitution or transfer of prizes. Taxes are the responsibility of winners.

The Daily Draw – Extra! & StrikerMillion Fantasy Five-a-Side:

  • The Daily Draw Extra & StrikerMillion Fantasy Five-A-Side – these are limited edition extra contests offered from time to time to registered players of The Daily Draw & StrikerMillion. The periods of its operation are at the sole discretion of PDV Limited.
  • The contest is open only to registrants of Fair Exchange, except during the "drawing" (see below). Players must register via www.fair-exchange.com as per general rules above. To enter the contest, you will need to:

    (i) pick 5 unique numbers on each play card

    (ii) allow the computer to pick numbers at random for you (referred to as “Random Choice”)

    or (iii) use the numbers that you most recently selected in the previous Daily Draw Extra draw that you entered.

  • Each day, 5 winning numbers between 1 and 49 will be selected by a random number generator at approximately 00:00 hrs UKT (the “drawing”). These numbers will be matched against all eligible entries received before and including 23:59 hrs (the “Draw Period”). If an entry identically matches each of the 5 winning numbers generated by the random number generator, that entry will be awarded the Daily Draw Extra prize, pending eligibility verification.
  • The Grand Prize fund will be created by the number of plays generated within each The Daily Draw Extra or StrikerMillion Fantasy Five-A-Side game. At the beginning of each Draw period, the fund will start at a nominated value and an extra contribution will be added for each play until the Grand prize is won. If more than one entry contains all of the winning numbers then the prize will be divided evenly among the correct entries. There are no runner-up prizes and no substitution or transfer of prizes. The Grand Prize will be awarded as a single cash payment. Winners will be notified by e-mail and also by Registered Post and they must respond by e-mail or registered post within 21 days of notification or the prize will be forfeited.

ScratchandMatch:

There are no special ScratchandMatch Terms & Conditions outside of Fair Exchanges General Terms & Conditions.

Fruitillion & WinAFlat & WinAFerrari:

  • You can play each of the Fruitillion/WinAFlat/WinAFerrari games for FREE twice a day – or for as long as you have adequate FairPoints. Once you have utilised your daily two free plays on each game, you can play using your FairPoints balance. Once you have utilised all your FairPoints, you can earn more by visiting the “Win & Earn” section of Fair-Exchange.com. There are 2 ways to earn FairPoints:
    • By completing questionnaires until all question forms are completed.
    • By clicking on a relevant advertising banner drop down category menu. This option will be limited to one banner click per category, per day.

FairPoints – Terms & Conditions of Use:

  • FAIRPOINTS is a reward programme operated by PDV Ltd through its Fair Exchange marketing activity.
  • By enrolling in or using the FAIRPOINTS programme, you agree that you have read these Terms and Conditions and will conform to them.
  • Through the FAIRPOINTS programme, members may earn FAIRPOINTS for enrolling in the programme, taking advantage of point-earning opportunities on the programme or other third party web sites, reading and responding to offers from participating advertisers and partners by e-mail, supplying personal data via questionnaires and by complying with the terms of offers within the programme.
  • FAIRPOINTS have no monetary value and may be spent only on rewards as offered through the FAIRPOINTS programme at the time of redemption.
  • PDV Ltd reserves the right to vary or limit the number of FAIRPOINTS available, the point spending levels and the specific awards within the programme.
  • FAIRPOINTS will be subtracted from a members account immediately when a redemption is submitted. Once used to claim a reward, FAIRPOINTS will not be re-instated to a members account.
  • Unredeemed FAIRPOINTS will expire on December 31st of the second year following the year in which they were earned. Example: If not redeemed, FAIRPOINTS earned in October 2006 will expire in December 2008.
  • All FAIRPOINTS are allotted at Fair Exchange’s discretion.
  • FAIRPOINTS may not be transferred to other individuals (members or otherwise), pooled together, bartered or sold.
  • PDV Ltd makes no warranty with regard to any products, services or rewards obtained by members through the FAIRPOINTS programme or through the programme advertisers or third parties.
  • PDV Ltd neither endorses the contents of advertisements or third party web sites, nor assumes responsibility or liability for the accuracy of information contained therein, or for any infringement of third party intellectual property rights there from, or any fraud or other crime facilitated thereby.
  • PDV Ltd will not be responsible or liable for any delay or failure to credit FAIRPOINTS in the event of a delay in the provision of necessary information from advertisers or partners.
  • PDV Ltd reserves the right to suspend or terminate the membership of any member of the FAIRPOINTS programme who appears to be acting in a manner inconsistent with the programme’s Terms and Conditions.
  • PDV reserves the right to change, amend, suspend or discontinue the FAIRPOINTS programme at any time. Notification of such change to be posted on the appropriate PDV Ltd web sites for a period of at least 30 days prior to the change.

Conduct:

By registering with Fair-Exchange.com, all participants agree to be bound by these Official Rules that shall be final and binding in all respects. The Official Rules will be posted at Fair-Exchange.com throughout the promotional period and PDV Ltd. reserves the right to change the Official Rules at any time in such manner as it alone thinks fit. PDV Ltd. reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the web sites, to be acting in violation of the Official Rules, or to be acting in an ‘unsportsmanlike’ or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person, it being a matter for the sole discretion of PDV Ltd to determine whether such disqualification is justified.

CAUTION: ANY ATTEMPT BY A PARTICIPANT AND/OR ANY OTHER PERSON OR PERSONS TO DELIBERATELY DAMAGE ANY WEB SITE AND/OR UNDERMINE THE LEGITIMATE OPERATION OF FAIR-EXCHANGE.COM IS OR MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE PDV LTD. RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT AND/OR PERSON OR PERSONS TO THE FULLEST EXTENT PERMITTED BY LAW. Limitations on Liability:

PDV Ltd. is not and shall not be held responsible for any incorrect and/or inaccurate information, whether caused by web site users and/or by any of the equipment and/or programming associated with and/or used in Fair-Exchange.com or by any technical or human error which may occur in the processing of entries to Fair-Exchange.com or otherwise. PDV Ltd. is not and shall not be held responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft and/or destruction and/or unauthorised access to, and/or alteration of, entries. PDV Ltd. is not and shall not be held responsible for any problems and/or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of e-mail and/or participants on account of technical problems and/or traffic congestion on the Internet and/or at any web site or combination thereof, including injury or damage to any participants or to any other person's computer related to and/or resulting from participating or downloading materials in or in connection with Fair-Exchange.com. If, for any reason, Fair-Exchange.com is not capable of being operated as planned, including by reason of infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, and/or any other causes beyond the control of PDV Ltd. which corrupt or affect the administration, security, fairness, integrity and/or proper conduct of 'Fair-Exchange.com'. PDV Ltd. reserves the right at its sole discretion to cancel, terminate, modify and/or suspend 'Fair-Exchange.com' or elements that make-up 'Fair-Exchange.com'.

To the extent permissible by law, PDV is not and shall not be held responsible for the non-cash prizes or their quality, suitability or fitness for purpose. PDV Limited only acts as agent for the supplier of the non-cash prizes. This does not affect your statutory rights.

Fair Exchange is operated by PDV Limited. We are members of the Direct Marketing Association and are registered with the Office of the Information Commissioner under the Data Protection Act. We adhere to all privacy and prize promotion legislation. Should you have any concerns at all you can contact PDV Limited at Customer Services, PDV Limited, 32 Farringdon Street, London, EC4A 4HJ. Also contact us by fax on 020 7248 9701 or feedback@pdvltd.com.