Last updated: [22/12/2025]
These Terms of Use (“ Terms ”) set out the terms and conditions which govern your access to and use of the website located at thebirthdaydraw.com (the “ Website ”).
The Website is operated by ITV Consumer Limited (with registered address at ITV White City, 201 Wood Lane, London, W12 7RU) and Global Media Group Services Limited (with registered address at 30 Leicester Square, London, WC2H 7LA (jointly the “ Promoter ”, “ we ”, “ us ”, “ our ”).
By accessing or using the Website, you agree to be bound by the version of these Terms in force at the time. If you do not agree to these Terms, you must not access or use the Website.
For the avoidance of doubt, these Terms relate to the use of the Website only. The terms and rules governing participation in the promotion (“ The Birthday Draw ”), including but not limited to eligibility, methods of entry, subscription arrangements, prizes, refunds, liability, and privacy in relation to the promotion itself, are contained in The Birthday Draw Terms and Conditions (the “ T&Cs ”). In the event of any conflict or inconsistency between these Terms and the T&Cs, the T&Cs shall prevail.
Scope and Application
These Terms govern your access to, and use of, the Website, including any content, functionality and services offered on or through the Website.
By using the Website, you confirm that:
you are at least 18 years of age; and
you will comply with these Terms and all applicable laws and regulations.
You should read these Terms in conjunction with:
all of which are made available on the Website and may be updated from time to time.
Accounts and Security
In order to participate in The Birthday Draw or use certain features of the Website, you may be required to create an online account (an "Account"). The creation, use and operation of your Account, including any identity checks, eligibility requirements, payment arrangements, prize claims and refunds, are governed by the T&Cs and not by these Terms.
You are responsible for ensuring that all information you provide in connection with your Account is true, accurate, current and complete, and for keeping such information up to date.
You are responsible for maintaining the confidentiality and security of your login credentials and for all activities that occur under your Account. You must not disclose your password or other security details to any third party.
You must not:
permit any other person to use your Account;
use any other person's Account; or
create or control more than one Account.
If you know or suspect that any third party has obtained access to your Account or login details, you must:
promptly change your password; and
notify us without undue delay using the contact details provided on the Website.
Without prejudice to any rights under the T&Cs, we reserve the right, in our sole discretion, to suspend or terminate your access to the Website and/or your Account where we reasonably believe that you have breached these Terms, the T&Cs, or any applicable law or regulation.
Acceptable Use of the Website
You agree that you will use the Website only for lawful purposes and in accordance with these Terms. You must not use the Website:
in any way that breaches any applicable laws or regulations;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
in any way that infringes the privacy or intellectual property rights of any third party;
to harm or attempt to harm any person in any way; or
in any manner which may damage, disable, overburden, impair or compromise the Website, our systems or security, or interfere with other users.
Without limitation, you must not:
introduce or attempt to introduce viruses, "Trojan horses", worms, logic bombs or any other material which is malicious or technologically harmful;
attempt to gain unauthorised access to the Website, any server on which the Website is stored, or any server, computer or database connected to the Website;
attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Website or any services provided via, or in relation to, our site for any purpose, including the development, training, fine-tuning or validation of AI systems or models;
use any automated system, including without limitation "bots", "spiders" or "scrapers", to access the Website for any purpose;
copy, monitor, extract or harvest any data or metadata from the Website other than as expressly permitted by us;
reverse engineer, de-compile, disassemble, copy, reproduce, communicate and/or make available to the public, republish, download, post, record, broadcast or transmit or use in any other way the Website (or any part thereof) except as permitted by us;
use such Website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person;
charge (whether directly or indirectly) others to use all or any part of the Website;
commercialise or attempt to commercialise all or any part of the Website;
utilise 'plugins' or any application(s), software or associated tool(s) which change the content of the Website;
do anything that may cause damage to the Website or our servers, systems or equipment or those of third parties, nor access or attempt to access any users' data;
do anything that subjects the Website or us to any derogatory treatment or brings (or might bring) the Website or us into disrepute;
penetrate, remove or otherwise alter or interfere with any security measures that we use to protect the material and content made available via our Website, or attempt to do so or assist any other person in doing or attempting to do so;
state, suggest or in any way give the impression that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make to any of our Website; or
block, disable, obscure or impair any advertising on the Website or served or included in the Website;
We reserve the right, without liability and at our sole discretion, to take any action we deem appropriate in response to a breach of this clause 3, including, without limitation:
immediate, temporary or permanent withdrawal of your right to use the Website;
suspension or closure of your Account in accordance with the T&Cs;
legal proceedings against you; and
disclosure of such information to law enforcement authorities as we reasonably consider necessary.
You understand and accept that the hardware you use to access our Website may require certain software in order for the Website to work correctly and it is your sole responsibility to ensure that you have the required software before accessing the Website. In order to use the Website, you may be required to obtain certain updates and/or upgrades to your hardware or software. You are solely responsible for any costs and/or fees associated with any such updates/upgrades to any hardware or software.
You agree to fully compensate us in respect of any damages or losses suffered by us as a result of any claim made by a third party relating to i) your use of the Website in breach of these Terms (or any other applicable terms), or ii) your violation of any applicable law or regulation when using the Website.
Intellectual Property Rights
All intellectual property rights in and to the Website and its content, including but not limited to text, graphics, logos, icons, images, audio clips, video, design, layout and software (together, the "Content"), are owned by or licensed to us or our licensors (as applicable).
The names, images and logos identifying us, our partners or third parties and our/their products and services contained in the Website are proprietary marks and may not be reproduced or otherwise used without our express permission. Nothing contained in these Terms grants you a licence or a right to use any copyright, trade marks, design rights, patents or other intellectual property rights owned or controlled by us, our licensors or any third party, except to the limited extent necessary to access and use the Website.
You are permitted to access and view the Content for your personal, non-commercial use only.
You must not, without our prior written consent:
copy, reproduce, publish, distribute, transmit, display, sell, licence or otherwise exploit any Content (in whole or in part) for any commercial purpose;
remove, obscure or alter any copyright, trade mark or other proprietary notices; or
use any trade marks, logos or other proprietary markings displayed on the Website.
Website Availability and Changes
We do not guarantee that the Website, or any Content on it, will always be available or uninterrupted. Access to the Website is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of the Website without notice in our sole discretion. We do not warrant that the Website or the Content will be free from errors, omissions, viruses or other harmful components. Not all of the features and functionality of the Website will be available on all devices. We make no guarantee that all or any features of the Website will work on any particular device.
We may, from time to time, update or modify the Website and/or the Content to reflect changes to our services, our users' needs or business priorities, or for legal, regulatory or technical reasons.
While we make reasonable efforts to ensure that information on the Website is accurate and up to date, the Website and the Content are provided on an "as is" and "as available" basis. The definitive rules relating to The Birthday Draw are as set out in the T&Cs and, where relevant, on the official promotional pages of the Website.
Third-Party Websites and Links
The Website may contain links to third-party websites or resources which are provided for your information and convenience only. Such links do not constitute approval, endorsement or recommendation by us of those websites or resources, or of any information, products or services referred to on them. These third parties are companies wholly independent of us and are solely responsible for all aspects of any website or resource.
We have no control over, and accept no responsibility for:
the content, policies or practices of any third-party websites; or
any loss or damage that may arise from your use of such websites.
If you follow a link to any third-party website, you do so entirely at your own risk and subject to the terms and conditions and privacy policies of those websites. We therefore recommend you read such terms and conditions and privacy policies and you agree to comply with them. For the contact details of the applicable third party, see that third party's terms and conditions available or referred to on the applicable website.
If you use a third party website or resource, you agree that: (i) we won't be party to any transaction or contract with a third party that you may enter into; (ii) we will not be supplying those resources to you. You agree that you will not involve us in any dispute you may have with such third party websites and/or resources.
Cookies and Similar Technologies
The Website uses cookies and similar technologies to distinguish you from other users, improve your experience on the Website, analyse how the Website is used and support certain Website functionality.
Further information regarding our use of cookies and how you can manage your cookie preferences is set out in our Cookie Policy, which is incorporated by reference into these Terms.
Privacy
The collection, use and processing of personal data in connection with your use of the Website and your participation in The Birthday Draw are governed by our Privacy Policy and the T&Cs.
By using the Website, you acknowledge that your personal data will be processed in accordance with the Privacy Policy and the T&Cs.
Liability – Website Use
Subject to clause 9.3, in relation solely to your use of the Website, we shall not be liable to you for any:
direct or indirect loss of profits, sales, business or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation;
damage or loss caused to you while using the Website in breach of these Terms, including but not limited to where you are using the Website for purposes other than your own personal, non-commercial use;
loss of data that results from your use of the Website;
claims brought against you by a third party except as stated in these Terms; or
indirect or consequential loss or damage.
Subject to clause 9.3, we shall not be liable for any loss or damage arising from:
events beyond our reasonable control;
your failure to maintain the confidentiality and security of your Account or login credentials;
your use of, or inability to use, the Website;
any incompatibility of the Website with any equipment, hardware, software or telecommunications networks used by you; or
any unauthorised access to, or use of, our servers or any personal or financial information stored therein, unless such unauthorised access is directly and solely caused by our negligence.
Nothing in these Terms shall exclude or limit any liability which cannot be excluded or limited by law, including liability for:
death or personal injury caused by negligence; or
fraud or fraudulent misrepresentation.
Any Content or other materials included in the Website do not, and are not intended to, amount to advice on which you should rely. Consequently we do not accept any responsibility or liability for any actions or omissions that you may take in reliance on such Content or materials.
Changes to These Terms
We may revise these Terms from time to time. Any changes will be effective when the revised Terms are posted on the Website, and the "Last updated" date at the top of these Terms will be amended accordingly. It is your responsibility to ensure you review these Terms regularly to familiarise yourself with any changes.
Your continued use of the Website after any such changes have been made shall constitute your acceptance of the revised Terms. If you do not agree to any revised Terms, you must cease using the Website.
General Terms
If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable then that invalid or unenforceable part will be deemed deleted from these Terms, such invalidity or unenforceability will not affect the other provisions of these Terms and they will remain in full force and effect.
These Terms are available on the Website. We will not file or store a copy of these Terms for each interaction by you via the Website. We therefore recommend that you print and store or save a copy of these Terms for future reference.
You may not assign, sub-license or otherwise transfer any or your rights or obligations set out in these Terms to any other person.
These terms do not create any rights that are enforceable by any person who is not a party to these Terms.
If we decide not to exercise or enforce a right that we have against you (e.g. as a result of you breaching these Terms), this does not prevent us from doing so at a later date.
Governing Law and Jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales (or Scotland or Northern Ireland if you are domiciled there).
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or your use of the Website, unless you choose the jurisdiction of your domicile in Scotland or Northern Ireland.
Contact Details
If you have any questions regarding these Terms or your use of the Website, please contact us using the contact details set out on the Website.