Terms & Conditions

Terms & Conditions

  1. Introduction

These Terms and Conditions (“Terms“) govern the use of the Balls of Thunder application (the “App“) operated by Balls of Thunder Competitions Ltd (“us“, “we“, or “our“), a company incorporated under the laws of Scotland with company number SC769737 whose registered office is at 8 Douglas Street, Hamilton, Lanarkshire, Scotland, ML3 0BP. 

  1. These Terms
    1. You should read these Terms carefully before using our App, as they create binding legal obligations upon you. If you do not understand any part of them please let us know using the contact details set out below. By accessing or using our App, or any part of it, you agree to be bound by these Terms. If you do not agree with or accept any of these Terms, you should stop using the App immediately. 
    2. Please note that we may update our Terms from time to time, so if you revisit our App at a later date you should check the Terms again at that time to make sure you have seen the current version.
    3. A contract is concluded between us upon these Terms when you access and begin to use our App.
  2. Contacting us
    1. If you have any questions about our App or these Terms, including if you don’t understand any part of these Terms, please contact us:

by e-mail at leannerankin@ballsofthunder

by telephone at +44 7734 037982 or

by post at Balls Of Thunder LTD PO Box 20352 ML3 3EH.

  1. We will endeavour to respond to you promptly. Please note that our contact facilities are monitored only during the hours of 0900 to 1700 (excluding weekends and public and bank holidays in Scotland).
  2. Please also note that we may keep a record of correspondence with you to enable us to properly manage our App and the services it provides, to deal with your query, and for quality and training purposes.
  1. Using our App
    1. Our App is an app through which you may enter prize competitions (“Prize Competitions”) in order to win prizes (“Prizes”), for free or in certain cases in return for payment to us (“Payments”). 
    2. Our App is open to persons over eighteen (18) years old and who are resident in the UK only. If you are under eighteen (18) or not resident in the UK, please do not use our App. 
    3. If you continue to access our App from locations outside the UK, you are responsible for compliance with local laws which relate to your use of the App, where they are applicable. 
    4. Further, in the event that you access our App from outside the UK, or you are under eighteen (18), and you enter a Prize Competition, then we may at our discretion terminate your entry in the Prize Competition, withhold from remitting any Prize to you, and/or retain any Payment made and not return this to you, in compensation for our time and expense dealing with the matter.
    5. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the App, including the costs of any telecommunications service utilised to access our App.
    6. Whilst we will try to make sure our App is available and functions properly at all times, we do not guarantee that our App will be available all the time, or at any particular time, that our App will function properly, or that any functionality upon our App will be available at all, or any, times. Further, we may suspend or terminate operation of the App at any time as we see fit. 
    7. Where you submit any information to us, such information must be true, accurate, complete and correct. 
    8. We may use this information to allow us to operate and maintain the App, to monitor your use of the App, and to verify information concerning you, including for the purposes of ensuring compliance with applicable laws, to prevent fraud, and to protect the rights, property and safety of ourselves and other persons. 
    9. You have various rights, and we have various obligations, in relation to your personal data. Please see our privacy policy at https://ballsofthunder.com/privacy-policy (our “Privacy Policy“) for further information on how we use your personal data.
    10. Where the App allows you to login you must keep your password and other account details confidential. Please let us know immediately in the case that you suspect or know your password or other details have become known to any other person. If you give your login details to any person, you are liable for any use they make of our App via that login.
    11. We seek to make the App as accessible as possible. If you have any difficulties using our App, please contact us using the contact means set out above and/or use the accessibility tools available through the device via which you access our App.
    12. If you wish a copy of these Terms for your records, or require a copy of these Terms in another language, please contact us using the contact means set out above, and we will send you a copy. 
    13. You are permitted to use the App for personal and non-commercial purposes only, and subject always to these Terms. 
    14. If you breach these Terms, or we suspect that you may breach these Terms, then we may suspend your use of the App. In such an event we may also terminate your entry in any Prize Competition, withhold from remitting any Prize to you, and/or retain any Payment made and not return this to you, in compensation for our time and expense dealing with the matter.
  2. Prize Competitions
    1. The App allows users to participate in various Prize Competitions. Our App sets out the Prize Competitions you may enter and the Payments which may be required to be made to us to allow you to enter, and the available Prizes, which are subject to change at our discretion. Prize Competitions will be available for entry during defined periods only, the details of which shall be set out on our App (“Entry Periods”). You will not be able to enter a Prize Competition outside of its Entry Period. 
    2. Please exercise care when entering Prize Competitions and using our App. Entries to Prize Competitions are made using the processes set out on our App. Once you enter a Prize Competition, your entry is final and may not be cancelled, and any Payment made in relation to that entry may not be refunded. We will acknowledge your entry via our App.
    3. You may also enter prize competitions via post , by writing to us at the address above and enclosing the required payment by cheque made out to Balls of Thunder Competitions LTD , and any prize will be paid to you by cheque. if you choose to enter a prize competition in this manner , for all other purposes your entry and youre interaction with us , shall be deemed as if made via our app.
    4. The operation of all Prize Competitions is subject to the applicable laws of United Kingdom. If we are prevented from operating any Prize Competition, taking or returning any Payment, remitting any Prize, or from allowing you to participate in any Prize Competition, then we may withhold from operating the Prize Competition, taking or returning the any Payment, remitting the Prize or allowing you to participate in the Prize Competition (as applicable) without liability to you.
  3. Payments and Prizes
    1. You may be required to make Payments to us to participate in Prize Competitions. If this is the case, when you enter a Prize Competition you will be required to make the relevant Payment.
    2. We accept the following debit cards and methods for making Payments: Visa Debit, Debit Mastercard (our “Payment Methods”). We do not accept Payments by credit card, cash, or any other means.
    3. Where a Payment is required, your Payment Method will be charged at any time after you enter a Prize Competition. Please ensure you have sufficient funds to meet any Payment due to us. All Payments may need to be authorised by the relevant Payment Method issuer. Extra steps such as the following may also apply, for example the following:

Verified by Visa (see https://www.visaeurope.com/making-payments/verified-by-visa/)

Mastercard®SecureCodeTM (see https://www.mastercard.co.uk/en-gb/consumers/features-benefits/securecode.html) 

  1. Within a reasonable period following the end of an Entry Period in relation to a Prize Competition you have entered, we will let you know whether you have won a Prize in relation to that Prize Competition. We will not let you know if you have been unsuccessful. Our determination in relation to the winners of Prize Competitions shall be final. For further information upon how we determine winners of Prize Competitions, please see our further information at https://ballsofthunder.com/how-it-works/.
  2. Where you are a winner in any Prize Competition, your Prize will be remitted to you by crediting the Payment Method you used to make the Payment. If no Payment was required to enter the Prize Competition, you will be required to provide us with details of a Payment Method. We do not remit Prizes via any other means. Please ensure you maintain your Payment Method as current and available during the term of any Prize Competition you enter. Any Payment Method you use must be in your own name, and not that of another person.
  3. Where you have won a Prize we may be required under applicable law to report this to relevant authorities, and/or to withhold from remitting part of or the whole of that Prize to you. We may take such action in this respect as we determine in our opinion may be required. Our judgement in such matters shall be final. Where we take any such action, we shall let you know.
  1. Consumer protection
    1. We may from time to time and at our sole discretion implement limits on the amount you can spend via the App.
    2. We may request (and you must provide) information on your financial standing, so that we may identify and protect potentially financially vulnerable customers.
    3. We may implement such other restrictions concerning our App, and/or its use or operation, as we determine in our sole discretion to be prudent or sensible, or which may be required pursuant to applicable law or likely changes to applicable law.
  2. Restrictions on Misuse
    1. Our App may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features which may allow you to post, transmit or submit information. We may or may not actively monitor the information you submit via these services. As such, you may be exposed to content upon these services that is inaccurate, fraudulent or deceptive, or that you find offensive or objectionable, and is not endorsed by us. Further, you should not post any information upon these services from which you can be identified, as this may cause you risk, for example in relation to the receipt of unsolicited correspondence or identity impersonation. We may remove any of the information upon these services, or restrict your ability to use these services, as we see fit. Your use of these services is at your own risk. 
    2. You must not misuse our App. The following are examples of misuse:
      1. using the App for the laundering of proceeds of crime, to obscure the source or location of funds held by you, to avoid the payment of taxes, or for any other purpose which may be unlawful or improper;
      2. using the App for or on behalf of another person, for example to obscure the true user of our App;
      3. using the App in conjunction with a Payment Method which is not in your own name;
      4. causing the operation of the App to be jeopardised or impaired;
      5. using the App to access, or to attempt to access, the accounts of others or to penetrate or attempt to penetrate or breach anyone’s security measures, computer software, hardware, electronic communication systems, or telecommunications systems;
      6. using the App to collect, or attempt to collect, personal information about third parties without their knowledge or consent, or to engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other data;
      7. using the App for any activity which adversely affects the ability of other people or systems to use the services or the internet generally, including, without limitation, flooding and hacking; or
      8. impersonating any person or entity or using a false name that you are not authorised to use.
    3. Further, in the conduct of your activities you must not mention or refer to the App or use the App in any way:
      1. that causes nuisance;
      2. in conjunction with any defamatory, offensive, or obscene material, or activities which would cause offence to others on grounds of race, religion, sexual orientation or otherwise;
      3. in conjunction with any harm or harass or attempt to harm or harass other people (including children) in any way;
      4. in conjunction with any material that threatens or encourages bodily harm or the destruction of property, or the conduct of criminal offences or any activity which may give rise to civil liability;
      5. in conjunction with material which infringes the copyright, trademark, patent, trade secret, privacy, right of publicity, or other intellectual property or rights of any other party;
      6. in conjunction with any unsolicited advertising, promotional or marketing material; or
      7. in conjunction with any false, misleading, deceptive, or fraudulent material or activities, including chain letters or pyramid schemes or the like.
  3. Security
    1. We may apply security measures and restrictions to our App. You agree not to tamper with or try to circumvent, avoid or negate such security measures or restrictions, or ask or help any other person to do so, including by the submission of false information, or using means which obscure the identity of the devices or persons visiting our App, such as using VPN services or the TOR browsers. 
    2. Our App contains important notices (including intellectual property notices) including that contained in any digital rights or other security technology embedded or contained within the App. You must not tamper with or attempt to remove any of these notices.
    3. Communication via means of telecommunications, including the internet, is not secure. While we try to make sure that the App is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be remain confidential, for example during its transmission to us. Please note that we use third party payment service providers to allow Payments to be made to us. These services are PCI DSS compliant (see http://www.pcisecuritystandards.org), and we do not have access to your Payment Method information. In the absence of negligence on our part, or any failure by us to comply with these Terms, or breach by us of our duties under applicable laws, we will not be responsible or liable to you for any loss that you may suffer if a third party gains unauthorised access to any information (including any Payment Method information) that you submit to us (or our Payment Method service provider).
    4. Further, we recommend that you have in place up to date antivirus and personal firewall software when accessing and using our App. 
  4. Intellectual Property
    1. When you submit material to us via our App you grant us the right to use that material in connection with our business. This includes storing that material. We may permit other people to do this on our behalf. These rights shall be free and irrevocable, and shall exist perpetually. You agree that we do not have to identify you as the author of that material, and that you shall have no right to object to our treatment of that material. This does not affect your rights under laws relating to personal data. However, where any personal data is contained in that material, you consent, and must have any other identified person’s consent, to submit that material to us and to allow us to use that material as mentioned above.
    2. This App and all intellectual property in it is owned by us and or licensors or both (as applicable). Intellectual property includes the copyright in our App and its code, our trade marks, and those of other people, design rights, for example in our user interfaces, database rights, and all other intellectual property or rights of any kind, and whether or not they are registered or unregistered, even if it were possible to register them (and we have not progressed any such registration). 
    3. We and our licensors reserve all of our and their rights. This means, for example, that we (and they) remain owners of the intellectual property and remain free to use it as we (and they) see fit.
    4. You have the right to access and use our App, and subject always to these Terms. Nothing in these Terms or otherwise grants you any other right, title or interest in or to the App. 
    5. Please note that the following are trade marks owned by us or our licensors:

Balls of Thunder

  1. If you think any part of our App, or anything available through our App, infringes your rights, please contact us using the means set out above. When contacting us please provide:
    1. your address, telephone number, and email address;
    2. description of the rights that you claim have been infringed;
    3. a description of the alleged infringing activity;
    4. a statement by you that you have a good faith belief that infringing activity is not authorised by you, the rights owner, its agent, or the law; and
    5. a statement by you, made under penalty of perjury, that the information is accurate and that you are the rights owner or authorised to act on the rights owner’s behalf.
  2. Liability
    1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any losses that were not foreseeable when you accessed our App, or that were not caused by any breach of these Terms or any duty on our part. 
    2. Our App is provided “as is,” and your use is at your own risk. 
    3. We exclude to the fullest extent permitted by law, any and all express and implied warranties and guarantees. 
    4. What we will do, and what say we won’t do, what we will and will not guarantee, and what we recommend or require you to do, in these Terms and in information set out upon our App, is therefore very important. Please read these Terms and any such information carefully and let us know if you don’t understand any part of it.
    5. We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
    6. Further, no one other than a party to these Terms has any right to enforce any of these Terms.

Additional terms

  1. Where you download or access our App through any platform such as the Apple App Store or Google Play, please note that your download, installation and use of the App shall be subject to additional terms and conditions, which will be brought to your attention when accessing that platform. 
  2. The App may contain hyperlinks or references to third party websites or apps. Any such hyperlinks or references are provided for your convenience only. We do not operate these third party websites and apps and accept no responsibility for any content, material or information contained in them or for their operation. The display of any hyperlink and reference does not mean that we endorse that third party’s website, app, products or services. Your use of a third party site or app will be governed by the terms and conditions of that third party website or app, not these Terms.
  3. Amendments

These Terms are dated 05/09/2023. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. 

  1. You have certain legal rights when using the App, as a consumer. These are also known as ‘statutory rights’ as they are derived from laws such as the Consumer Rights Act 2015. For more information upon these rights please consult your local Citizens Advice Bureau or an appropriately qualified and experienced lawyer. Please note that as we operate Prize Competitions via the App you do not have a right to cancel any contract between us at your discretion and without cause pursuant to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or otherwise.
  2. Disputes and governing law
    1. We will try to resolve any disputes with you quickly and efficiently.
    2. If you are unhappy with us please contact us as soon as possible.
    3. If you and we cannot resolve a dispute using our complaint handling procedure, we will let you know that we cannot settle the dispute with you. 
    4. If you want to take court proceedings, the relevant courts of the United Kingdom will have jurisdiction in relation to these Terms, and relevant United Kingdom law will apply to these Terms.

Free Postal Entry Terms:

  1. Information Required on Postcard: Your Name. Postal Address, Date of Birth, Email Address, Telephone Number, Name and number (if applicable) of the competition you are entering
  2. Mailing Address: Send the postcard to Balls Of Thunder LTD PO Box 20352 ML3 3EH.
  3. Valid Free Entries: Free entries will be associated with your account.
  4. Entry Limit: Only one entry is allowed per postcard for each draw.
  5. Ticket Allocation: A number will be selected at random and you will be notified
  6. Entry Deadline: Postal entries must be received by the closing date and time specified for each draw. Entries received after the deadline will not be considered for the draw.