1. The Promoter

The promoter is: TOP BANANA COMPETITIONS LIMITED, Company Number SC828438 and whose registered office is at 9 Dalhousie Terrace, Montrose DD10 9BX

Our correspondence address:

If you wish to contact us for any reason, please email info@topbananacompetitions.co.uk

2. The competition

2.1. These terms and conditions apply to all competitions listed on the Promoter’s website https://www.topbananacompetitions.co.uk

2.2. The Promoter may offer different formats to the competitions. Subject to clause 2.3, an entry fee is payable each time you enter.

2.3. To be in with a chance of winning, everyone who enters the competition (an “Entrant”) will be required to correctly answer a question or solve a problem set by the Promoter (the “Competition Question”). Where the Promoter offers an easy or multiple-choice question or, where the Promoter does not ask a Competition Question, a free entry route is available.

3. How to enter

3.1. The competition will run from and including the opening and closing dates specified on the Website. These dates shall be referred to as the “Opening Date” and “Closing Date” respectively. All times and dates referred to are the times and dates in Greenwich Meantime.

3.2. If it is absolutely necessary to do so, the Promoter reserves the right to change the Opening and Closing Dates. If the Promoter does change the Opening Date and/or the Closing Date of a competition, the new details will be displayed on the Website. The Promoter will not extend the Closing Date simply to sell more entries.

3.3. All competition entries must be received by the Promoter by no later than the specified time on the Closing Date. All competition entries received after the specified time on the Closing Date are automatically disqualified and no refunds will be given.

3.4. [The maximum number entries to the competition will be stated on the Website. The number of entries you are able to make may be limited if the maximum number of entries is reached.]

3.5. Entrants can enter the competition as many times as they wish [until the maximum number of entries have been received.][Entrants submitting free entries must submit each entry separately. Bulk entries, if received, will not be accepted and will only be counted as one single entry.]

3.6. To enter the competition:

(a) go to the Website and view the Competition Question, if there is one;

(b) complete and submit the online entry form; then

(c) purchase the required number of entries; then

(d) when you have purchased your entries, submit your answer to the Competition Question, if there is one.

(e) Should the question be answered incorrectly to any of our online competitions, you WILL NOT be entered into the draw so you will not have a chance of winning.  You agree that you will not be entitled to any refund of your entry fee and you will not be notified that your answer was incorrect.

3.7. All entries must be submitted in the English language. Entries in languages other than English will automatically be disqualified and no refund will be given.

3.8. Unless you are using the free entry method, the Promoter will send confirmation that your entry has been received [you WILL NOT receive confirmation whether or not your answer to the Competition Question is correct.]

3.9. The Promoter will not accept responsibility for competition entries that are not successfully completed, are lost or are delayed regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.

The promoter will not accept any responsibility for failure of technical systems.  In the rare event of duplicate numbers being produced via the ticketing system, any prize won by two or more entrants with a duplicate number will be fully compensated with monetary value of ticket price. The participant who purchased their ticket first will be the participant eligible to receive the prize. 

3.10. By purchasing entries and submitting a competition entry, you are entering into a contract with the Promoter and are agreeing to be bound by these terms and conditions.

FREE POSTAL ENTRY ROUTE

3.11. You may enter the competition for free by complying with the following conditions:

(a) send your entry by first or second class post to the Promoter at the following address: 9 Dalhousie Terrace, Montrose DD10 9BX

(b) hand delivered entries will not be accepted and will not be entered into the random draw, one entry per postcard for each competition;

(c) include with your entry the following information:

(i) your full name;

(ii) your address;

(iii) Date of Birth

(iv) a contact telephone number and email address; and

(d) your answer to the Competition Question (if there is one).

(e) incomplete or illegible entries will be disqualified;

(f) by entering the competition, you are confirming that you are eligible to enter and accept these terms and conditions;

(g) your entry must be received by the Promoter prior to the Closing Date. Entries received after the Closing Date will not be entered into the random draw. Proof of posting does not guarantee that you will be entered into the random draw;

(h) the Promoter will not acknowledge receipt of your entry nor confirm if your answer to the Competition Question is correct;

(i) if the number of entries received reaches any cap or limit before your free entry is received, you will not be entered into the random draw.

(j) Qualifying entrants must have created an account on the website for the free entry to be included.  Postal entries received without a registered account will not be processed.

(k) All free entries will be treated in the exact same way as paid entries.  Where applicable, these competition terms and conditions also apply to free entries.

4. Choosing a winner

4.1. All Entrants who correctly answer the Competition Question will be placed into a draw and the winner will be chosen by random draw using Google Number Generator. If no Competition Question is asked, all Entrants will be entered into the random draw. The random draw will take place as soon as reasonably possible and, in any event, within [7] days of the Closing Date (“Draw Date”).

4.2. All Entrants will have their names and entry numbers include on a spreadsheet which may be published on the Website and may be visible during the live draw. If you do not wish to have your name included on this spreadsheet you must contact the Promoter via email at info@topbananacompetitions.co.uk as soon as reasonably possible after you have completed your entry and in any event, at least 48 hours before the live draw takes place.

4.3. For help with entries, please contact us on 07990861171 OR email us at info@topbananacompetitions.co.uk

5. Eligibility

5.1. The competition is only open to all residents in the United Kingdom aged 18 years or over, except:

(a) employees of the Promoter;

(b) employees of agents or suppliers of the Promoter, who are professionally connected with the competition or its administration; or

(c) members of the immediate families or households of (a) and (b) above.

5.2. By entering the competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. The Promoter may require you to provide proof that you are eligible to enter the competition and claim the prize. If you fail to provide the Promoter with any such proof or other information that they may require within a reasonable time, you may be disqualified from the competition.

5.3. The Promoter will not accept competition entries that are:

(a) automatically generated by computer; or

(b) incomplete.

5.4. The Promoter reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize competition. This includes if you are rude or abusive to the Promoter or anyone associated with them.

5.5. No refunds of the entry fee will be given in any event, including;

(a) if, following your entry into the competition, you subsequently find out that you are not eligible to enter the competition or claim the Prize;

(b) if, following your entry into the competition the eligibility criteria for entering the competition or claiming the Prize changes and you are no longer eligible; or

(c) if you are disqualified from the competition by the Promoter for any reason.

(d) You answer the specific question to the competitions incorrectly

5.6. If the Entrant engages in:

(a) any form of fraud (actual or apparent);

(b) fraudulent misrepresentation;

(c) fraudulent concealment;

(d) hacking or interference with the proper functioning of the Website; or

(e) amending, or unauthorised use of, any of the code that constitutes the website

all of their entries will be declared void, no refunds will be given and they may be prevented from participating in any future competitions.

6. The prize

6.1. The prize for each competition is described on the Website (the “Prize”). Details of the Prize are, to the best of the Promoter’s knowledge, information and belief, correct as at the Opening Date.

6.2. Prizes are subject to availability. The Promoter reserves the right to substitute any prize with a prize of equal or greater value. If any details of the Prize change, the Promoter will endeavour to update the Website as soon as reasonably possible.

6.3. The Promoter makes no representations and gives no warranties about the Prize, its value, its condition or any other information provided on the Website. The Promoter makes no representations and gives no warranties that the information provide on the Website is accurate, complete or up to date.

6.4. The Prize may be supplied by a third-party supplier (the “Supplier”). Details of the Supplier (if any) will be provided on the Website.

6.5.

The Promoter reserves the right to substitute the Prize for an alternative cash prize of the same value in the following circumstances:

(a) the Prize becomes unavailable;

(b) other circumstances beyond the reasonable control of the Promoter make it necessary to do so.

6.6. The prize is not negotiable or transferable.

7. Winners

7.1. The decision of the Promoter is final and no correspondence or discussion will be entered into.

7.2. The Promoter will contact the winner personally as soon as practicable after the Draw Date, using the telephone number or email address provided with the competition entry. If the winner cannot be contacted or is not available, or has not claimed the Prize within 14 of days of the Draw Date, the Promoter reserves the right to offer the Prize to the next eligible Entrant selected from the correct entries that were received before the Closing Date.

7.3. The Promoter must either publish or make available information that indicates that a valid award took place. To comply with this obligation the Promoter will send the surname and county of major prize winners to anyone who writes to the address set out in clause 1 (enclosing a self-addressed envelope) within one month after the Closing Date of the competition. Winner details are also published on the draw results page of the website and on Facebook posts following every draw.

7.4. If you object to any or all of your surname, county and winning entry being published or made available, please contact the Promoter at info@topbananacompetitions.co.uk prior to the Closing Date. In such circumstances, the Promoter must still provide the information to the Advertising Standards Authority on request.

8. Claiming the prize

8.1. You must claim the Prize personally. The Prize may not be claimed by a third party on your behalf. Details of how the Prize will be delivered to you (or made available for collection) are published on the Website.

8.2. If your personal details, including contact information, changes at any time you should notify the Promoter as soon as reasonably possible. Notifications should be sent to the Promoter via email to info@topbananacompetitions.co.uk. Notifications must include details of the competition you have entered, your old details and your new details. If your details change within 10 days of the Closing Date, the Promoter will use your old details if it needs to try to contact you.

8.3. Any Cash Prize will be transferred directly to the winners nominated bank account. The winner must provide evidence that it is the sole or joint beneficiary of the bank account. Failure to do so within 14 days will result in disqualification from the competition and the winner forfeiting the prize. In such circumstances, the Promoter reserves the right to offer the prize to the next eligible Entrant selected from the correct entries that were received before the Closing Date.

8.4. The Promoter does not accept any responsibility and is not liable to pay any compensation if you are unable to or do not take up the prize.

9. Limitation of liability

Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.

10. Data protection and publicity

10.1. By entering the competition, you agree that any personal information provided by you with the competition entry may be held and used only by the Promoter or its agents and suppliers to administer the competition or as otherwise set out in the Promoter’s Privacy Policy https://www.topbananacompetitions.co.uk/privacy-policy, a copy of which is available on the Website.

10.2. If you are the winner of the competition, you agree that the Promoter may use your name, image and town or county of residence to announce the winner of this competition. You further agree to participate in any reasonable publicity required by the Promoter.

10.3. If you do not wish to participate in any publicity, you must notify the Promoter prior to the Closing Date. This will not affect your chances of winning the Prize. If you do not agree to participate in any publicity about the competition we may still provide your details to the Advertising Standards Authority. This is a legal requirement that we must comply with to prove that the competition has been properly administered and the Prize awarded.

10.4. If you are the winner of the competition, you may be required to provide further personal information and proof of your identity in order to confirm your eligibility to claim the Prize and transfer ownership of the Prize to you. You consent to the use of your information in this way. You are entitled to request further details about how your personal information is being used. You may also withdraw your consent to your personal information being used in such way but by doing so you may prevent the Prize being transferred to you. In such circumstances, you will be deemed to have withdrawn from the competition and forfeit the Prize. You will not be entitled to any refund of your entry fee. The Promoter reserves the right to offer the Prize to the next eligible Entrant selected from the correct entries that were received before the Closing Date.

10.5. Please note that under data protection laws you are entitled to request that the Promoter does not contact you and removes your details from its database. If you make such a request you will be withdrawing from the competition as it will not be possible to contact you in the event that you are the winner. You will not be entitled to any refund of any entry fee if you withdraw from the competition. If you do not wish any of your personal details to be used by the Promoter for promotional purposes, please email the Promoter at info@topbananacompetitions.co.uk prior to the Closing Date.

11. General

11.1. The Promoter reserves the right to amend these terms and conditions from time to time. The latest version of these terms and conditions will be available on the Website.

11.2. If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the competition and any future competitions.

11.3. The Promoter reserves the right to hold void, suspend, cancel, or amend the prize competition where it becomes necessary to do so. There is no minimum number of entries and the Promoter will not hold void, suspend, cancel, or amend the prize competition due to a lack of entries.

11.4. The competitions on the Website are in no way sponsored, endorsed, administered by or associated with Facebook. By entering the competitions, Entrants agree that Facebook has no liability and is not responsible for the administration or promotion of the competitions.

11.5. These terms and conditions shall be governed by Scottish law, and the parties submit to the exclusive jurisdiction of the courts of Scotland.

11.6. You should print a copy of these terms and conditions and keep them for your records

banana gods Loyalty – Terms and Conditions

Last updated: 28th October 2025

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE TOP BANANA COMPETITIONS LOYALTY PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED IN THIS DOCUMENT AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT PARTICIPATE IN THIS PROGRAM.

1. Membership eligibility and overview
2. The Top Banana Competition Program (the “Program”) is offered at the sole discretion of Top Banana Competitions (“Top Banana”, “we”, “us” or “our”), a private limited company incorporated and registered in Scotland with company number SC828438 and registered office at 9 Dalhousie Terrace, Montrose DD10 9BX. Top Banana is the promoter of the Program.
3. The Program is available to individuals for their personal use only and is limited to one account per individual. Companies, associations or other groups may not participate in the Program.
4. Individuals who are legal residents of the United Kingdom, are at least 18 years of age or older, and who provide and maintain a valid email address, are eligible to become members of the Program.
5. No purchase is necessary to join the Program.
6. The Program may not be used for any business or commercial purpose and we may refuse to create an account for any reason.
7. Employees and individuals employed by us or by our business partners are excluded from participating in the loyalty program including immediate families or household.
8. BY JOINING THE PROGRAM AND BECOMING A PROGRAM MEMBER, YOU (INDIVIDUALLY AND COLLECTIVELY, “YOU,” “YOUR,” OR “MEMBER”), AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE PROGRAM TERMS AND CONDITIONS OF PARTICIPATION (THE “TERMS”) AND BY ANY CHANGES OR MODIFICATIONS WE MAY MAKE FROM TIME TO TIME. (WE WILL REFLECT THE LAST DATE OF ANY UPDATE AT THE TOP OF THE PAGE OF THESE TERMS.) YOU ALSO AGREE TO BE BOUND BY OUR PRIVACY POLICY AND OUR WEBSITE TERMS AND CONDITIONS WHICH ARE INCORPORATED IN THIS DOCUMENT BY THIS REFERENCE. YOU SHOULD REVIEW THESE TERMS AND THE RELATED POLICIES AND FAQS FREQUENTLY TO UNDERSTAND THE TERMS AND CONDITIONS THAT APPLY TO THE PROGRAM AS THEY MAY CHANGE FROM TIME TO TIME. THESE TERMS DO NOT ALTER IN ANY WAY THE TERMS OR CONDITIONS OF ANY OTHER AGREEMENT YOU MAY HAVE WITH US, INCLUDING ANY AGREEMENT FOR PRODUCTS OR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, OUR WEBSITE PRIVACY POLICY, AND OUR WEBSITE TERMS AND CONDITIONS, YOU SHOULD NOT PARTICIPATE IN THE PROGRAM. THE PROGRAM IS VOID WHERE PROHIBITED BY LAW.
9. Program Enrolment 
10. Eligible individuals may enrol in the Program by visiting topbananacompetitions.co.uk (the “Site”) and following the prompts to register for the Program. Individuals who have made an account on the www.topbananacompetitions.co.uk website are automatically enrolled into the Banana Gods Loyalty Programme.
11. You are required to provide your email address in order to enrol in the Program. You will also need to create an account by providing your name and creating a password in order to access certain Program benefits and rewards. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.
12. Only one Program account may be associated with a single member and a single email address. In the event of a dispute over the identity of the member enrolled in the Program, the member will be deemed to be the authorised account holder of the email address submitted at the time of enrolment.
13. For purposes of these Terms, the “authorised account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

1. How the Programme works
2. The Program is a way in which we reward and thank our loyal customers for purchasing tickets on our competitions and for participating in certain brand experiences on the Site and social media accounts.
3. You are able to earn points and reach Program loyalty tiers by making eligible purchases or taking certain other Program actions.
4. For your purchase to qualify for the Program, you must be enrolled in the Program and be signed into your online account at the time of purchase.
5. Once you earn points and reach a certain loyalty tier, you may be eligible for certain benefits and rewards applicable to that tier, which benefits may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to earn points and reach Program loyalty tiers will be posted on the Site or may be published through other media (e.g., in marketing communications, social media, etc.). Visit our FAQs to learn more about earning points and reaching the Program loyalty tiers.
6. The Program is a tier-based program determined by the number of points a member has earned within a single year on eligible online purchases and through qualifying activities, beginning on the date when you enrol
7. .

There are X tiers with associated benefits:

6. When you join, you will automatically be placed in Tier 1, Top Banana and be eligible for all the benefits Tier 1 members receive. You will then move through the tiers depending on how many points you earn within a 12-month period. Only points earned within a 12-month period count towards the Tier that you’re in.
7. If you earn at least 1200 points in your first year, you’ll be automatically moved up to Tier 2, Super Banana. If you earn 2500 points or more in your first year, you’ll qualify for Tier 3, Banana Legend.
8. Spending points on reward vouchers does not impact Tier progression.
9. Your status in a particular tier is fixed for a year, from the date of entry into that tier. At the end of the 12 month period, if you haven’t moved into the next tier, the system evaluate whether you have earned enough points in that period to remain in in that tier. If you haven’t you will be moved down to a lower tier. For example, when a customer signs up, they need to earn 6,000 points to enter Tier 4. They’ll be in this tier for 12 months, after which point the system will evaluate if they’ve spent at least 6,000 points over the last 12 months, and if they have, they’ll remain in this tier. If not, they’ll drop down to a lower tier.
10. To earn points online, you must be enrolled in the Program and be signed into your account at the time of purchase.
11. Program members receive 1 point for every £1 spent on any competition on the Site (excluding free entry competitions), shipping and delivery charges or other excluded charges specified by us from time-to-time.
12. In addition to these purchases, you may also earn points for the following actions on the Site. To earn points, please check to make sure you are a Program member and you have logged into your account before completing the actions below. The number of points, if any, awarded for each action is determined by Top Banana Competitions in its sole but reasonable discretion and in all cases subject to a maximum number of points earned for each action per year.
13. Active points will expire after a 12-month period of no purchases being made.

1. Program Benefits and Rewards
2. As a Program member, you earn points that determine your points benefits plus tier levels and tier benefits. To redeem offers and rewards, you must have accumulated the minimum number of points as established by us for a particular benefit. Product rewards and samples are shipped with product purchases on the Site only. Points may never be redeemed for cash. You must be logged in to your Program account to use your benefits. You will find your eligible offers and rewards (with offer codes if applicable) listed in your personal account. Qualifying members will receive email invitations when rewards are available if they have not opted-out of receiving Program emails.
3. a) Points benefits.

At different point levels you will unlock rewards that can be used in conjunction with a purchase on the Site. These rewards are based on the number of points you have accumulated once enrolled into the program. Points expire after 12 months of no purchases. You can redeem these rewards by logging into your Program account online and selecting the reward from “My Rewards’ section of your account page.

Rewards

The points accumulated on the loyalty program can be used to redeem  on selected merchandise and discount vouchers to spend on Top Banana Competitions. The value of the coupon increases with amount of points accumulated. Vouchers can ONLY be redeemed on full price items. You will only be able to use your voucher when total of full price items in your basket exceeds the minimum spend of the voucher. Spending points on vouchers won’t impact your tier progression. Vouchers cannot be stacked, or used alongside other store wide promotions.

• £5 Discount – Cost = 100 points – Minimum Spend = £15
• Tote Bag – Cost 120 points
• Water Bottle – Cost 150 points
• Mug – Cost 210 points
• Umbrella – Cost 300 points
• Hoodie – Cost 810 points

1. b) Tier benefits.

Certain benefits are based on the tier level achieved and you are eligible for these benefits while you are in that tier regardless of the number of points you currently have. If you move down a tier, your benefits change accordingly. Tier benefits can only be redeemed on the Site with the exception of exclusive in-store member events and VIP events or as otherwise noted. You have access to the benefits within your Tier for the duration of time that your in that tier (a minimum of 12-months).

• Tier 1, Top Banana: 0-1200 points

Benefits as Communicated on the Site.

• Tier 2, Super Banana: 1201-2500 points

Benefits as Communicated on the Site.

• Tier 3, Banana Legend: 2500-6000 points

Benefits as Communicated on the Site.

• Tier 4, Banana Gods: 6000+ points

Benefits as Communicated on the Site.

2. Offers and rewards are available while supplies last and substitutions made by us in our sole discretion may occur. If your online order is not completed for any reason, any offers or rewards will be removed from your shopping basket and may no longer be available. You are not required to redeem points. We are unable to reship offers or rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. In the event an offer or reward arrives damaged, you received the wrong one, or one is missing from your order, please contact our Customer Service team at merchandise@topbananacompetitions.co.uk.
3. Neither accounts nor Program rewards, benefits and/or points may be transferred, shared or combined. Only the Member paying for the products may accumulate rewards, benefits and/or points. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time. Your account information (including security details) are confidential and should not be shared with any other person.
4. Rewards, benefits and points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Points and tier status credited to your Program account will be decreased or reversed, as applicable, if part or all of a purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Terms as determined by us in our sole but reasonable discretion. The sale, barter, transfer, or assignment of any rewards, points or benefits offered through the Program, other than by us, is expressly prohibited.
5. Rewards cannot be exchanged or returned for points, another product or a monetary refund.
6. The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole but reasonable discretion, may result in the violation of our Terms.
7. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party.
8. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact our Customer Service team at info@topbananacompetitions.co.uk. Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
9. Rewards can only be redeemed on the Site and only with a product purchase, unless otherwise indicated by Top Banana Competitions

1. Program communications
2. By enrolling in the Program, you consent to receiving Program related e-mails, including Program marketing e-mails. We also may give you the option to opt-in to receive other Top Banana marketing communications at the time of enrolment.
3. You may opt-out of receiving Program related emails (including Program marketing emails) or Top Banana marketing emails at any time by following the instructions provided in the email and as otherwise provided in our Privacy Policy. If you opt-out of Program-related emails, you will no longer receive emails regarding your Program status or the Program rewards or benefits that may be available to you and this information will only be available through your account or emailing our Customer Service team at info@topbananacompetitions.co.uk

1. Termination and modification
2. The Program and its benefits are offered at our sole discretion. We reserve the right to change Program benefits, how you earn points and reach each Program tier and how we evaluate and reward your eligible purchases and/or other Program activity.
3. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier, the number or types of rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof.
4. Except where prohibited by law, we may, in our discretion, cancel, modify, restrict or terminate these Terms and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
5. Changes to the Program will be set forth in these Terms and will be effective on the date the Terms are posted to the Site (with the effective date reflected at the beginning of the Terms). Continued participation in the Program following posting of updated or modified Terms constitutes your acceptance of those Terms as so updated and modified.
6. We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole but reasonable discretion.
7. To keep your account active you must log in to your Program account and make a purchase within 12 months. Membership will expire if a member is inactive for a period of 12 months or more.
8. Any suspected abuse of the Program, failure to comply with any Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent or other unauthorised use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates (all as determined by us in our sole but reasonable discretion), may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate.
9. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we reserve the right to take appropriate legal action.
10. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting-out of the Program in your account on the Site. If you cancel your membership, you will automatically lose all accumulated points, benefits and tier status.

1. Disclaimer of warranties; Limitation of liability
2. THE LAWS OF CERTAIN JURISDICTIONS, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS, REPRESENTATIONS, LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.
3. NEITHER TOP BANANA COMPETITIONS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE NOT LEGALLY EXCLUDABLE. THIS PROVISION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER NOR DOES IT AFFECT YOUR CONTRACT CANCELLATION RIGHTS.
4. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TOP BANANA COMPETITIONS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) PRE-CONTRACT OR OTHERWISE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT DEFECTS OR ERRORS WILL BE CORRECTED. NOTHING IN THIS PROVISION SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THAT OF OUR SERVANTS, AGENTS OR EMPLOYEES.
5. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TOP BANANA COMPETITIONS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY ECONOMIC LOSSESS (SUCH AS LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS), LOSS OF GOODWILL OR REPUTATION OR ANY SPECIAL OR INDIRECT LOSSES OF ANY KIND RELATED TO THE PROGRAM AND/OR YOUR PARTICIPATION THEREIN, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) PRE-CONTRACT OR OTHERWISE (OTHER THAN FRAUDULENT OR NEGLIGENT MISREPRESENTATIONS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED POUNDS (£100.00).
6. IF YOU ARE DISSATISFIED WITH THE PROGRAM FOR ANY REASON, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU EXCEPT AS EXPRESSLY REQUIRED BY LAW.
7. Indemnification

You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your breach of the Program or its Terms or your violation of any law, rule or regulation.

1. Governing law and disputes

This Program and these Terms will be governed by and construed under the substantive laws of Scotland, and you irrevocably submit to the exclusive jurisdiction of the courts of Scotland.

1. Privacy and data protection

The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership, will be used and disclosed to administer your participation in the Program and otherwise in accordance with the our Privacy Policy.

1. Entire Agreement; Waiver and Survival
2. These Terms govern our relationship with you as it relates to the Program.
3. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except as expressly set forth in these Terms and you agree that you shall have no remedy in respect of any such representation not included in these Terms.
4. Your Statutory Rights are not affected by these Terms.
5. Nothing in these Terms shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not a part of these Terms.
6. Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances.
7. No waiver by us will be construed as a waiver of any proceeding or succeeding breach of any provision in these Terms.

1. Contact Us

For information about the Program and your membership, please contact our Customer Service team at info@topbananacompetitions.co.uk.

We are not responsible for requests or correspondence lost or delayed in the post or over the Internet.

You may also provide answers to helpful frequently answered questions in our FAQs.

If you need to contact us, our company details are:

Top Banana Competitions of 9 Dalhousie Terrace, Montrose DD10 9BX; registered in Scotland with company number SC828438; email: info@topbananacompetitions.co.uk

Here are some helpful online resources to support you.

www.begambleaware.org

http://www.gamstop.co.uk