Disclaimer

The services are provided on an as is and as available basis for your use, without warranties of any kind, either express or implied, including without limitation, warranties of satisfactory quality, merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Winup makes no warranty as to the quality, accuracy, completeness, or reliability of any content available through, or the performance of, the services. You are responsible for verifying any information before relying on it. Use of the services is at your sole risk. Winup does not warrant that you will be able to access or use services at the times or locations of your choosing; that the operation of the services will be uninterrupted or error-free; that defects will be corrected; or that the services are free of viruses or other harmful components. Winup provides no warranty or guaranty of any kind that the services will meet your expectations or requirements. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

Nothing in this document excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be excluded or limited under applicable law — including your statutory consumer rights.

Subject to the above, and to the extent permitted by law:

• we are not liable for losses that were not foreseeable, meaning losses that were neither an obvious consequence of our breach nor contemplated by you and us at the time you began using the Services;
• we are not liable for loss of profit, revenue, business, contracts, opportunity, goodwill, reputation or anticipated savings, nor for loss of or damage to data;
• we are not liable for losses caused by the temporary unavailability of the Services, by an interruption to the live stream of a draw, or by technical difficulties outside our reasonable control;
• we are not liable for losses arising from your own failure to comply with the Terms & Conditions, the Acceptable Use Policy or the rules of a competition.

We supply the Services for personal, non-commercial use. If you use them for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, loss of contracts or loss of opportunity.

Our total liability to you, for all claims connected with any single competition, is limited to the amount you paid for your entries into that competition.

Third-party services, content, information, and products may be made available by Winup on or through the Website and App ("Third-Party Products"). Third-Party Products are provided solely for the convenience of our users and Winup makes no representations or warranties regarding any Third-Party Products and takes no responsibility and assumes no liability for any Third-Party Products. Third-Party Products are subject to the applicable terms and policies of the third-parties that offer them.

Prize images are provided for illustration only. The colour, finish, options and accessories of the prize actually awarded may differ from the images published, unless the competition description says otherwise.

Any prize values we state are estimates in local currency at the time of publication. They are not a guarantee of resale value, an insurance valuation, or a commitment as to the price you would obtain.

The skill question asked before purchase, the entry conditions and the draw mechanism are governed by the rules of the relevant competition. Where a marketing page and those rules conflict, the rules prevail.

Nothing on the Services constitutes legal, tax or financial advice. The tax treatment of a prize depends on your personal circumstances and is your responsibility.