Brand Terms of Service
Last updated: 16 July 2026
Platform: The Prize Draw Platform, at draws.theprizedrawcompany.com (the “Platform”). Provider: The Prize Draw Company, a sole trader business based in the United Kingdom (“we”, “us”, “our”).
1. These terms
1.1 These terms govern your access to and use of the Platform. By creating an account or using the Platform, you agree to these terms. If you are agreeing on behalf of a business or organisation, you confirm you have authority to bind it, and “you” means that business or organisation.
1.2 The following are part of these terms:
- our Privacy Policy, which explains how we handle personal data; and
- our Data Processing Agreement (the “DPA”), which governs our handling of entrant data on your behalf and is incorporated into these terms.
1.3 If there is a conflict, the DPA prevails on data protection matters, and otherwise these terms prevail over other documents unless we agree otherwise in writing.
2. The Platform
2.1 The Platform lets you build and run free entry prize draws, collect entries, select winners by an auditable random method, and export your entrant data.
2.2 We grant you a non exclusive, non transferable, revocable right to use the Platform for your own business purposes while these terms are in force.
2.3 We may improve, change or remove features from time to time. We will not make a change that materially reduces the core functionality of a paid plan during a period you have paid for without offering a reasonable remedy.
3. Your account
3.1 You must give accurate account information and keep it up to date.
3.2 You are responsible for keeping your login details secure and for everything done under your account. Tell us promptly if you suspect unauthorised access.
3.3 The Platform is for businesses and organisations. It is not intended for consumers acting outside their trade, business or profession.
4. You are the promoter, and you are responsible for your draws
This section is important. Please read it carefully.
4.1 You are the promoter of every draw you run. Under the CAP Code and consumer law, the promoter is responsible for all aspects and all stages of a promotion. That responsibility is yours, not ours. We provide the tool; you run the promotion.
4.2 You are the data controller for the personal data of people who enter your draws. We act only as your processor for that data, on the terms of the DPA.
4.3 You are responsible for the legality of each draw, including that:
- entry is and remains genuinely free, with no purchase or payment required to enter or to win;
- the prize is genuine, available, and awarded as described;
- your draw, and your marketing of it, comply with all laws and codes that apply, including the Gambling Act 2005, the CAP Code and the rules of the Advertising Standards Authority, UK data protection law, and the terms of any social media platform you ask entrants to interact with;
- you hold any rights, licences or permissions needed for the prize and any content you upload; and
- you have a lawful basis for any marketing you carry out to entrants, and you obtain valid consent where required.
4.4 Auto generated terms and conditions. The Platform can generate a set of draw terms and conditions for you automatically. These are provided only as a convenience and a starting point. They are not legal advice, may not fit your specific draw, and may not reflect every legal requirement that applies to you. You are responsible for reviewing them, adapting them, and confirming they are correct and complete before you launch. You launch a draw on the basis that you have done so.
4.5 You will not run a draw that is unlawful, misleading, or designed to evade the free entry requirement (for example, by tying entry to a purchase or to mandatory payment of any kind).
5. Acceptable use
5.1 You must not:
- use the Platform for anything unlawful, fraudulent, or harmful;
- run a paid to enter lottery or any draw that requires payment or money’s worth to participate;
- collect special category data (such as health, race, or political opinions) through a draw, including through question or vote actions;
- upload content that is unlawful, infringing, defamatory, or that you do not have the right to use;
- attempt to break, probe, overload, or gain unauthorised access to the Platform or its data;
- use the Platform to send spam or to market to people without a lawful basis; or
- resell or provide the Platform to third parties as if it were your own, unless we agree in writing.
5.2 We may remove content or suspend a draw that we reasonably believe breaches these terms or the law (see Section 11).
6. Entrant data and privacy
6.1 You are the controller of entrant data and we are your processor. Our respective obligations are set out in the DPA.
6.2 You are responsible for giving entrants the privacy information the law requires, for handling their data rights requests, and for using entrant data only for lawful purposes. The Platform helps by showing draw terms and a privacy notice at the point of entry, by recording marketing consent separately, and by letting you export and delete data, but the legal responsibility as controller is yours.
6.3 You must not use entrant data in any way that breaks the promises made to entrants at the point of entry, or that breaks data protection law.
6.4 The entry form also offers entrants a separate, optional opt-in to receive updates about new draws from us, The Prize Draw Company. This is not a condition of entry, does not affect any entrant’s chances, and does not touch your entrant list, which remains yours alone. Where an entrant opts in, we are the controller of that data and our Privacy Policy governs it.
7. Fees
7.1 The Platform is currently provided free of charge during its early access period. There are no fees to create an account, build draws, or run them.
7.2 If we introduce paid plans, we will give reasonable notice before any fee applies to you, publish the pricing and billing terms here, and give you the opportunity to close your account before being charged. Continuing to use a paid feature after that notice takes effect will constitute acceptance of the published fees.
8. Intellectual property
8.1 We own the Platform and all intellectual property in it. Nothing in these terms transfers that to you beyond the right to use it set out above.
8.2 You own the content you upload (such as your prize details, images and branding). You grant us a licence to host, store, display and process that content as needed to provide the Platform.
8.3 You confirm you have the rights to any content you upload, and that it does not infringe anyone else’s rights.
9. Availability and disclaimers
9.1 We work to keep the Platform available and reliable, but we do not promise it will be uninterrupted or error free.
9.2 Except as these terms expressly state, the Platform is provided “as is” and we exclude all warranties to the extent the law allows, including any implied warranties of satisfactory quality or fitness for a particular purpose.
9.3 We are not responsible for the legality, conduct, or outcome of your draws, or for any decision you make in reliance on the auto generated terms.
10. Liability
10.1 Nothing in these terms limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, or for fraud.
10.2 Subject to clause 10.1, we are not liable for: loss of profits, revenue, business, goodwill, or anticipated savings; loss or corruption of data beyond our duties in the DPA; or any indirect or consequential loss.
10.3 Subject to clause 10.1, our total liability arising out of or in connection with these terms in any twelve month period is limited to the greater of the fees you paid us in that period, or £100.
10.4 You will indemnify us against claims, losses and costs we suffer arising from your draws, your breach of these terms, your breach of the law, or your infringement of anyone’s rights. This reflects that you, as promoter and controller, are responsible for your promotions.
11. Suspension and termination
11.1 You may stop using the Platform and close your account at any time.
11.2 We may suspend or terminate your access if you materially breach these terms, if we are required to by law, or if we reasonably believe a draw is unlawful or poses a risk to entrants, to us, or to others. Where it is reasonable to do so, we will give notice and a chance to put things right first.
11.3 On termination, your right to use the Platform ends. We will handle entrant data in line with the DPA. We may delete account data after the period set out in our Privacy Policy.
12. Changes to these terms
We may change these terms from time to time. If we make a material change, we will give reasonable notice, for example by email or a notice in the Platform. If you continue to use the Platform after a change takes effect, you accept the updated terms.
13. General
13.1 These terms are the entire agreement between us about the Platform and replace any earlier agreement on the same subject.
13.2 If any part of these terms is found to be unenforceable, the rest continues to apply.
13.3 A failure to enforce a term is not a waiver of it.
13.4 You may not transfer your rights or obligations under these terms without our consent. We may transfer ours as part of a reorganisation or sale of our business, without reducing your rights.
13.5 No one other than you and us has any right to enforce these terms.
13.6 These terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, subject to any non excludable rights you have under the law of your home nation within the UK.
14. Contact
Questions about these terms: support@theprizedrawcompany.com.