Terms and Conditions
1.1 The general terms and conditions stated below ("Terms & Conditions") apply to and are part of all offers and transactions under (digital) services offered (online) by Lucky Suitcase via the network of any communication provider ("Operator") with whom the End-user has an agreement, irrespective of whether or not these services are further described in these Terms & Conditions. The (digital) services offered (online desktop/mobile) by Lucky Suitcase may include (but are not limited to) quizzes and games and/or similar services ("Lucky Suitcase Services") that are supplied via Operator's network by means calling a Premium Rate Number or other means.
1.2 No departures from these Terms & Conditions shall apply except with the prior express consent in writing from Lucky Suitcase for the specific agreement.
2 Delivery Lucky Suitcase service
2.1 The End-user requests the Lucky Suitcase service(s) from Lucky Suitcase. These will be delivered by Lucky Suitcase and the network of the Operator to the End-user.
3 Terms & Conditions
3.1 Upon calling the designated premium rate service number the user will be acknowledged of a successful registration of the service.
3.2 User’s participate for this service one time per call. It will be possible to call another time and set a better high score.
3.3 The participant need to be at least 18 years old. If you are not the person responsible for paying the phone bill or under years of age, please obtain the permission of the payer of the phone bill, parents, guardian, employers before participating in the service. By participating in the service, Lucky Suitcase presumes that contestants have obtained the necessary permission, consent or approval from the payer of the phone bill, guardian or parents.
3.4 The costs for using the Lucky Suitcase service are mentioned on this website under "FAQ"
3.5 At the end of the specific term of a particular promotion the participant with the highest amount of scored points (in a single call) will be the winner of the promoted prize, the winner list will be uploaded on this website, please check the winner list under "winners". If there are 2 or more participants with an equal high score a final game will be presented to those. The results are final and no correspondence will be entertained. Within 5 workdays after the closing of the promotion, the winner will be personally contacted via the phone number used to participate to the service. The winner will be called during 1 week, twice a day. If the phone is not answered, no claims can be made to the prize. In case the winner cannot be reached, another user will be called, which will be the person with the next best score.
4 How it works
4.1 To participate to the Lucky Suitcase service, please use one of our specific promotional webpages. If you come across one of the Lucky Suitcase-promotions via Internet (Desktop or Mobile) you can call the designated premium rate number to enter the service.
4.2 After calling the premium rate number the Quiz will start automatically and you can answer the questions by entering 1 or 2 on your phone.
5 Winning a prize
A number of different prizes can be won with Lucky Suitcase. It varies from products to cash prizes and vouchers. Lucky Suitcase reserves the right to offer cash as an alternative to replace any of the prizes in whole or in part. If replaced by cash, the prize will be one of equal or greater value. The prize must be accepted as offered, and is not transferable or severable. All won prizes will be delivered at the user's address within 2 months. Subject to user providing Lucky Suitcase a valid address or in case of a cash prize, credited to an appointed account number after being provided with the account number of the winner. All postage/ courier or banking charges will be bore by the winner. The coverage of the promotion will be mentioned under "products and prizes". Lucky Suitcase reserves the right to utilize all winner's images/photograph, name and area of residence for all future promotion, publicity or marketing purpose without getting prior consent or notice nor paying the winner(s).
6.1 Offers or statements mentioned in advertisements or on LuckySuitcase.com ("Website") are without engagement unless it is expressly stated in writing otherwise.
6.2 Before the quiz starts the participant will hear a short description of the service and the costs for each minute. Thereafter, for every minute the user will be charged a fixed amount for participating to the service of Lucky Suitcase. Participants who use the service from their mobile- or payphone will have higher rates. These will be specified by the carrier and added to our call cost per minute.
6.3 On this website participants will find the costs for the offered service. In the case of a regular participation, charges are debited against the user's account by the Operator; in the case of a pre-paid mobile phone connection, charges are deducted from the user's credit balance. The participant hereby expressly grants his or her authorization for charging, and commits to payment in full for the charges incurred as a result of the use of the Lucky Suitcase service. By mutual consent it is furthermore possible to arrange payment of the charges by an alternative means (for example credit card).
6.4 Lucky Suitcase is at all times entitled to change any and all costs following prior announcement on the Website.
7. Intellectual property rights
7.1 You are aware and agree that the content and software used in connection with the Service, hereinafter to be referred to as the Software, contain confidential information that is protected by valid and applicable intellectual property rights. Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service ("Intellectual Property Rights") are owned by Provider or its licensors, and you agree to make no claim of interest in or ownership of any such Intellectual Property Rights. You acknowledge that no title to the Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in these Terms and conditions. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You acknowledge that all marks that appear throughout the Software and Sites belong to Provider, or the respective owners of such marks, and are protected by domestic and international trademark and copyright laws. Any use of any of the marks appearing throughout the Software and Sites without the express written consent of Provider or the owner of the mark, as appropriate, is strictly prohibited. 'Lucky Suitcase' is a trademark of Provider. Further you are aware of and agree that data in advertisements from advertisers and/or sponsors or information provided to you via the Service is subject to copyright, trademarks, brand names, patents or other property rights and laws. You guarantee that you will not amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate content or products partially or entirely derived from the Service or the Software except in the event that Provider has given you explicit written permission to do so. Provider hereby grants you, and you hereby accept, a personal, limited, non-transferable, non-exclusive, revocable and non-assignable license and permission to install the Software and download the content, to use the working code of its Software to use the Service on a designated compatible mobile device solely for your own personal non-commercial use and to use the Software and the Sites solely in accordance with these Terms and conditions, as long as you do not copy, alter or amend any Software, source codes or content, reproduce, modify, perform, transfer, distribute, sell, resell, create a derived product or content from those, reverse engineer or reverse assembly those, or otherwise attempt to find a source code (nor allow third parties to do so), use or make available the Software and content except as expressly provided in these Terms and conditions and provided you do not sell any rights related to the content, the Software and the Intellectual Property Rights, code those, issue sub-licences for those, encumber those with security rights or otherwise transfer those. You guarantee that you will not amend the content, the Software and Intellectual Property Rights in any way or use amended versions of the Software and Intellectual Property Rights, including (but not limited to) in order to gain unauthorised access to the Service. You guarantee that you will only use the interface provided by the Provider in order to access the Service. Provider herewith grants permission to make only one copy of the Information on the equipment you use for gaining access to the Service and to use and display the copy of the Registered Information made on that equipment for private purposes.
8 Liability waiver
8.1 The provider, its directors, managers, employees, suppliers, representatives and agents ("providing parties") do not accept any liability for damage caused by any use you make of the service, the content, the software and sites. You understand and explicitly agree that:
8.2 The service, content, software and sites are provided on an "as is" basis and an "as available" basis, without any guarantee whatsoever. Insofar and to the extent it is legally permitted, the providing parties explicitly waive any liability, be it explicit, implicit, statutory or otherwise, in relation to the service, content, software and the sites, including but not limited to the implicit guarantee of the property right, the saleability, the suitability for a particular purpose and the non-violation of property rights;
8.3 The providing parties do not accept any liability in relation to the safety, reliability, timeliness and compliance with the service, content, software and the sites. The providing parties do not guarantee that the service, content, software and sites will meet your expectations or that the service, the content provided, the software and sites will not be interrupted or be free of errors;
8.4 Recommendations or information which you may receive verbally, in writing or through our services, do not create any guarantee that is not explicitly recorded in the current terms and conditions. You should not rely on that information or on those recommendations;
8.5 You acknowledge and agree that you are downloading and/or using the service, the content, software and sites at your own will and at your own risk and that you are the only liable party for any damage to your computer system, mobile phone or for the loss of data as a result of downloading or using the content, this software and sites;
9 Limitation of liability
9.1 Under no circumstance whatsoever, including negligence, will the providing parties be liable to you or to a third party for any damage, including but not limited to, direct, indirect, additional, extraordinary, moral, supplementary, legal liability or consequential losses (including damage due to loss of commercial income, stoppage of operations, loss of company information etc.) As a result of any use, abuse or inability to use the service, its content, software and sites, also in the event the authorized representative of the provider has been informed of the possibility that the damages might occur (including damages incurred by third parties). In some countries, limiting or excluding liability for supplementary or consequential damages is prohibited, so the aforementioned limitation or exclusion may not apply to you. In no event will the total liability of the providing parties to you for damages, losses and legal claims (arising from a contract or from an illegal act [including negligence] or otherwise) exceed the amount that you paid to register for the service, the content, the software and the sites.
10 Processing of data
10.1 In order to supply Lucky Suitcase Services to the users, Lucky Suitcase gathers and processes (i.e.: gathers, saves, views, provides to third parties, organizes and links together) certain personal and traffic data about the users.
10.2 Lucky Suitcase shall process the data of the participants solely as described in its privacy statement, which may be viewed and downloaded from the Website. At all times, Lucky Suitcase shall process users information in full compliance with the applicable privacy laws and regulations. As a global company, Lucky Suitcase and its affiliated companies increasingly go beyond the boarder of one country.
10.3 Lucky Suitcase reserves the right to use the number and e-mail address of the users for promotional purposes.
11 Legal choice
11.1 The use of the Lucky Suitcase Services, the Agreement and the Website are subject to the laws of the country in which the campaign takes place. The failure of Lucky Suitcase to exercise or enforce any rights or provisions of the Terms & Conditions shall not constitute a waiver of such rights or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intention as reflected in the provisions to the fullest extent permitted by the law and other provisions of the Terms and Conditions remains in full force.
11.2 Any and all disputes shall be resolved before a competent court in the country in which the campaign takes place
12 Final provision
12.1 These Terms & Conditions are available for viewing at LuckySuitcase.com, and a copy will be provided free of charge upon request.
12.2 Lucky Suitcase reserves the right to change these Terms and Conditions from time to time. Changes shall be notified to participants by posting on the Lucky Suitcase Website. Changes in this manner shall be deemed to have been accepted if participants continue to use the Lucky Suitcase Services after a period of date stated on which it will be implemented.
12.3 Lucky Suitcase reserves the right to replace any item with other substitutes at similar value without prior notice. 1
12.4 Please contact Lucky Suitcase via firstname.lastname@example.org or you can call 1300 659 113 (Free of charge).