GENERAL HOME MATCH BALLOT DRAW TERMS AND CONDITIONS
For selected Matches played at the Stadium with limited capacity, the Club, where it deems appropriate, shall operate a ballot to allocate the opportunity to purchase certain Tickets. The Club reserves the right at any time to allocate Tickets / tickets in such manner as it decides is appropriate from time to time. The method of ticket allocation may differ per Match and/or by ticket type. Such ballot shall (subject to the Club’s right to amend the same as it determines appropriate) be subject to the following terms and conditions:
“Season Ticket Holder” means a Club fan who purchased a 2019/2020 Club home season ticket and/or a 2020/21 Club home season ticket as part of the early bird offer on or before the 23rd March 2020 that in each case is not prohibited from attending the Match due to any law, guidance, restriction, protocol or rule from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club
“Match” means the Premier League match that is subject of the Draw that is played by the Club at the Stadium in the 2020/2021 Season with a limited capacity crowd
“Purchase Cut Off Time” means the date and time when a Season Ticket Holder that is successful in the Draw has to have purchased a Ticket as directed by the Club from time to time
“Stadium” means The Hawthorns, West Bromwich, West Midlands, B71 4LF
“Terms & Conditions of Entry” means each of the rules and regulations of any Football Authority, the Ground Regulations, the Spectator Code of Conduct, the Club Coronavirus / Covid-19 Policy and the Home Match Ticket Conditions of Issue 2020/2021
“Ticket” means a home match ticket at the Stadium available to Home supporters in respect of a Match that is available through this Draw
“Visiting Club” means the football club playing against the Club during the Match
1. The promoter of the draw is West Bromwich Albion Football Club Limited (the “Club”, “us”, “we”) of The Hawthorns, West Bromwich, West Midlands B71 4LF (company number 03295063).
3. The Draw is subject to strict entry requirements. Please read the Terms carefully.
4. Save for where prevented from participating in the Draw in accordance with these Terms, only Season Ticket Holders will be permitted to enter into the Draw. No other persons will be entered into the Draw. The Draw is free to enter and no purchase is necessary. The Draw will be drawn at random, performed by a computer process which shall randomly rank each Season Ticket Holder entering the Draw.
5. Only one entry per Season Ticket Holder is permitted. A Season Ticket Holder as part of their ballot entry into the Draw may request a Ticket for a Season Ticket Holder that is a linked Club friends and family on the entrant’s My Albion online Club account but only where that Season Ticket Holder requests a Ticket for themselves as part of their application (a “Group Ballot Request”). A Group Ballot Request is subject to a maximum of 6 Tickets (inclusive of the entrant’s Ticket). Where a Season Ticket Holder submits a Group Ballot Request they are deemed to have obtained the consent to submit such an application from all those Season Ticket Holders that are subject of that Group Ballot Request. If a Group Ballot Request is successful, the entrant Season Ticket Holder will be given the opportunity to purchase only the number of tickets equal to the number of Tickets requested in the Season Ticket Holder’s Draw entry and only those Season Ticket Holders listed in the entrant’s entry into the Draw may use such a Ticket (for example and for illustrative purposes only, if a Group Ballot Request for 4 Tickets is successful, that successful entrant as part of their Group Ballot Request will only be able to purchase 4 Tickets for the relevant Match and they will not be permitted to purchase more or fewer Tickets than they requested in their successful Group Ballot Request (e.g. in this example they would not be permitted to purchase 1, 2, 3 or 5 Tickets etc.)). If a Season Ticket Holder is entered into the Draw as part of a Group Ballot Request that Season Ticket Holder cannot enter into the relevant Draw as an individual Season Ticket Holder or as part of any other entry into the relevant Draw. Tickets are for use of Club supporters only and by entering into a Draw such entrant confirms that they and, if they are submitting a Group Ballot Request, all subjects of their Group Ballot Request are Club supporters and not supporters of the Visiting Club.
6. In addition to any other eligibility requirements to enter the Draw, you are not eligible to enter into the Draw or purchase a Ticket if you:
- are not a Season Ticket Holder;
- are not a Club supporter;
- are subject to a banning order from any football games or stadiums in the United Kingdom or abroad;
- have entered into another draw/ballot relating to the Match that the Draw relates to;
- are prohibited from attending the Match due to any law, guidance, restriction, protocol or rule from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club; and/or
- are in breach of the Terms and/or the Terms & Conditions of Entry at the time of the Draw or at the point the Ticket is purchased.
7. If there is a dispute as to whether a fan meets the criteria to be entered into a Draw and/or purchase a Ticket, the Club’s determination is final.
8. The opening and closing times and dates for entries into the Draw will be communicated via the Club’s website or such other communication method chosen by the Club. Entries received after the closing time and date will not be accepted. All entries must be submitted via your My Albion Online Club account.
9. Each Season Ticket Holder that is successful in the Draw will be notified by the Club and will then be provided with the opportunity to purchase the number of Tickets that they requested in their entry into the Draw for the relevant Match that is subject of the Draw (the “Prize”). The Ticket available to purchase will be subject to availability at the point that the successful Season Ticket Holder logs on to their Club online account to purchase their Ticket(s). Such Ticket(s) must be purchased in accordance with the process and timeframes directed by the Club from time to time and if the Season Ticket Holder fails to do so then the right to purchase such Ticket(s) shall be automatically forfeited. All timeframes communicated by the Club in connection with the allocation of Tickets (including in respect of the ballot process, Purchase Cut Off Time and payment) are of the essence and a Season Ticket Holder shall forfeit their applicable rights as a result of any failure to comply with the same. Purchased Tickets will be issued as an e-ticket/print at home and no Club printed tickets will be issued to the relevant Season Ticket Holder to the Match.
10. All those that have been successful in the Draw will only have up until the Purchase Cut Off Time to purchase the applicable Ticket(s). The Club will provide details of the relevant Purchase Cut Off Time to all those entered into a Draw via the Club’s official website and/or via such other communication method chosen by the Club from time to time. Applicable Ticket(s) will be available to those who have been successful in the Draw on a first come first served basis. The Club provides no guarantee that a Season Ticket Holder will be successful in purchasing a Ticket prior to the Purchase Cut Off Time or otherwise and the Club will not be liable to any person not successful in purchasing a Ticket. The Club provides no guarantee that (1) a Season Ticket Holder will be able to purchase a Ticket for a seat that has previously been allocated to that Season Ticket Holder on an individual basis or as part of a season ticket and/or (2) Tickets purchased as a result of a successful Group Ballot Request will be located next to and/or adjacent to any and/or all of those subject of that Group Ballot Request. The Club reserves the right, at any time and without notice, to move Ticket holders to alternative seats for any reason and without liability. In the event that there are remaining tickets for the relevant Match after the Purchase Cut Off Time, those Season Ticket Holders that were not successful in the original Draw but are next in the Draw rankings will be given the opportunity to purchase the Tickets they applied at the time of entering into the Draw and in such circumstances these Terms shall apply. If Tickets remain unsold after all those that entered the ballot in accordance with these Terms have been offered the opportunity to purchase a Ticket, such remaining Tickets will be dealt with as the Club sees appropriate.
11. Where there is more than one match played by the Club at the Stadium in the 2020/2021 season with a limited capacity crowd, where the Club deems it appropriate, in order to provide each Season Ticket Holder with an equal opportunity to obtain Match tickets, the ballot may operate on a cycle based on the total number of Season Ticket Holders and the available capacity of the Stadium. To facilitate this mechanism, the Club reserves the right (where the Club considers it appropriate to ensure a fair distribution of Match tickets between Season Ticket Holders) to (1) give priority/weighting in a ballot or such other method of Ticket/ticket allocation chosen by the Club from time to time to those Season Ticket Holder(s) that have not been successful in (a) previous draw/ballot for Tickets to a Match and/or (b) such other method of Ticket/ticket allocation chosen by the Club from time to time and/or (2) exclude Season Ticket Holder(s) who have been successful in one ballot in any cycle from participating in any or certain further ballot cycles and/or such other method of Ticket/ticket allocation chosen by the Club from time to time. For the avoidance of doubt, a Season Ticket Holder shall be treated as having been successful in a ballot in a particular cycle where they are selected as a winner of the Draw irrespective of whether or not the relevant Season Ticket Holder purchases a Ticket applicable to that Draw and/or whether or not the Season Ticket Holder actually attends the relevant Match. Where a Group Ballot Request has been made and the Season Ticket Holder making such Group Ballot Request is deemed successful in the Draw, all Season Ticket Holders forming part of that Group Ballot Request shall be treated as if they were successful in the Draw. Nothing in these Terms or otherwise obliges the Club to allocate tickets via a ballot method for future matches, and the Club is free to allocate tickets in the future as it sees appropriate without any liability to any third party.
12. The Club shall determine the applicable capacity of the Stadium for each Match in its absolute discretion and shall have no liability in respect of the same. The foregoing includes the Club determining (including without limitation where this is required by the applicable authorities from time to time) that Matches must be played behind closed doors, with no spectator access. For Matches played behind closed doors, fans will have no right to access tickets for such Match. The availability of the Draw, the Prize and the purchase of Tickets is subject always to any applicable laws, guidance, restrictions, protocols, directions or rules from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club that apply from time to time. The Club reserves the right in its absolute discretion to cancel the Draw and/or the Prize where circumstances outside of the Club’s control arise (including any acts or omissions of third parties) which would prevent the Club from being able to deliver the Prize and or allow a winner to purchase a Ticket. If a Match is played behind closed doors and you have purchased a Ticket for that Match, we will reimburse you the cost of such a Ticket. If the Stadium capacity is reduced, including where away fans have to be admitted in the total Stadium capacity meaning that the Stadium capacity for Ticket holder’s is reduced, between your purchase of a Ticket and the Match taking place (“Amended Capacity Match”), the Club will select Season Tickets Holders that had purchased a Ticket for that Amended Capacity Match equal to the new permitted capacity level. Season Ticket Holders that are successful in such process will be permitted to attend the Amended Capacity Match and all Season Ticket Holders that are unsuccessful in such process will be notified and refunded for the Ticket(s) they had purchased in respect of the Amended Capacity Match.
13. Without prejudice and in addition to any other rights available to the Club, the Club shall have the further right if it so chooses to cancel or withdraw a Ticket at its sole discretion without liability provided that a refund is paid in respect of such Ticket.
14. By entering into the Draw you confirm that you have read, understood and agree to comply with the Terms and where you have submitted a Group Ballot Request you confirm that you shall bring these Terms to the attention of all those Season Ticket Holders subject to that Group Ballot Request and inform such Season Ticket Holders that they are bound by such Terms.
15. In addition to any other obligations, where you are a winner of the Prize and decide to purchase a Ticket, you agree to comply with the Terms & Conditions of Entry and any other rules that apply to your attendance at the Match from time to time. Furthermore, where your Group Ballot Request is successful in the Draw and you decide to purchase the Tickets subject to that Group Ballot Request, you confirm that you shall bring the Terms & Conditions of Entry and any other rules that apply to attendance at a Match to the attention of all those Season Ticket Holders subject to that Group Ballot Request and inform such Season Ticket Holders that they are bound by the Terms & Conditions of Entry. Each Ticket will be strictly non-transferable and will include the name of the Season Ticket Holder to whom such Ticket has been issued. All Ticket holders are required to upload a photo of themselves onto their My Albion online account as part of the Ticket purchase process (such photo to comply with Club requirements). All Ticket holders are requested to bring photo ID to each Match they attend at the Stadium, as spot checks will be in place. The Club reserves the right to reject entry to and/or eject any attendee who cannot satisfy the Club that they are the named Ticket holder.
16. All Ticket holders are required to comply with all applicable laws, guidance, restrictions, protocols, directions or rules from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club (including without limitation its COVID-19 Spectator Code of Conduct) in connection with their attendance at the Stadium. This shall include a strict requirement that Ticket holders do not attend the Stadium in the event that to do so would breach applicable all applicable laws, guidance, restrictions, protocols, directions or rules from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club, including without limitation the requirement to quarantine, self-isolate and/or not travel due to local/national restrictions, and no refunds shall be due in such circumstances, unless the Club determines otherwise in its absolute discretion.
17. The Club accepts no responsibility for entries not successfully completed due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind. The Club accepts no responsibility for any purchases which are not completed for any reason.
18. By entering into a ballot, purchasing a Ticket and/or attending any Match, the Season Ticket Holder hereby acknowledges and agrees that their attendance at any Match is at their own risk and, to the extent permitted by applicable laws, the Club accepts no responsibility and/or liability from any illness and/or injury resulting therefrom.
19. With the health and safety of all those attending a Match in mind, as one of the conditions of purchasing a Ticket or being allocated a Ticket, the Ticket purchaser must provide their contact details (and those of every member of their party) and complete a health questionnaire in respect of the Ticket purchaser and every member of their party at the point of Ticket purchase (where a Ticket is being purchased as a result of a successful Group Ballot Request, the Ticket purchaser will obtain and is deemed at the point of completion to have the consent to submit contact details and health questionnaires on behalf of all those Season Ticket Holders that are subject of that Group Ballot Request). You are required to inform the Club, at any point prior to your entry into the Stadium or whilst in the Stadium, of any changes to the contact details or health related answers provided to the Club. Without liability on the Club’s part, Ticket(s) may not be issued (or, if issued, may be deactivated without refund) unless all contact details and COVID-19 health questionnaires are fully completed in respect of the Ticket purchaser (and those of every member of their party) or where the responses to such COVID-19 health questionnaire(s) reveal that such Ticket holder(s) should not be attending the Match due to any laws, guidance, restrictions, protocols or rules from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club. Ticket holders are not permitted to attend the relevant Match if they are suffering from any symptoms relating to COVID-19 or any other infectious disease and/or are prevented from doing so due to any laws, guidance, restrictions, protocols or rules from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club. Without prejudice to any other rights available to the Club, the Club reserves the right, without liability or refund provided, to refuse entry to or eject anyone from the Stadium that is displaying symptoms of COVID-19 or any other infectious disease and/or where the Club becomes aware that such Ticket holder should not be in attendance at such Match due to any laws, guidance, restrictions, protocols or rules from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club.
20. The Club does not provide any substitution or alternative for the Prize and/or Tickets, including any cash alternative and you will not be able to transfer the Prize and/or Ticket.
21. Winners and all Ticket holders will need to make their own travel (and where required) accommodation arrangements. The Prize and/or any Ticket does not include any costs, expenses, fees or taxes associated with the winners’ travel or accommodation expenses in connection with the Prize, Ticket or otherwise and the Club shall have no liability in this respect.
22. If you are a prize winner, you agree to take part in reasonable publicity and promotion (where so requested by the Club) that may be organised by the Club.
23. Any decision by the Club in connection with the Draw and/or the associated process is final and may not be subject to any discussions or correspondence.
24. Participants are deemed to have accepted and agreed to be bound by these Terms. The Club reserves the right to refuse entry, or refuse to award the Prize to anyone in breach of these Terms.
25. The Club reserves the right to hold void, cancel, suspend, or amend the Draw/promotion where it becomes necessary to do so.
26. The Club will where required provide information regarding winning entries to the Advertising Standards Authority on request.
27. Nothing in these Terms excludes or limits the Club’s liability for death or personal injury arising from its negligence, or the Club’s fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
28. Insofar as is permitted by law, the Club, 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 and purchasing or failing to purchase a Ticket except where it is caused by the negligence of the Club. Your statutory rights are not affected.
30. The Club reserves the right at any time to allocate Tickets / tickets in such manner as it decides is appropriate from time to time.
31. The Club reserves the right to void, cancel, suspend and/or amend a ballot entry and or the Draw at its discretion acting reasonably. This includes without limitation the cancellation of Draw entries where the Club becomes aware the relevant entrant is prohibited from attending the Match due to any law, guidance, restriction, protocol or rule from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club.
32. If any of the Terms are determined by a competent authority to be invalid, unlawful or unenforceable to any extent then, they shall, to that extent, be severed from the remaining Terms which shall continue to be valid to the fullest extent permitted by applicable laws.
33. The Draw will be governed by English law and entrants to the Draw submit to the jurisdiction of the English courts.
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