TERMS & CONDITIONS
1. INTRODUCTION
These Terms and Conditions ("Terms and Conditions") apply to the Competition (capitalised terms are defined in Clause [2] below). Please read these Terms and Conditions carefully before entering the Competition. You should understand that by entering the Competition, you agree to be bound by these Terms and Conditions.
2. DEFINITIONS:
Unless the context clearly
indicates otherwise, the following words and terms shall have the
following meanings:
CLOSING DATE: 6
Months from the commencement of the
competition or as extended at the discretion of the promoters.
COMPETITION:
The Competition operated by the Promoter to which these Terms
and Conditions apply, to which the Entrants submit entries via the
Website to win the Prize.
COMPETITION SOLICITOR:
Means the firm of solicitors
instructed by the Promoter in relation to the Competition. Walker
Morris Solicitors (REF: AKW)
ENTRANT:
Any person (not including a limited company, partnership or
limited liability partnership) who enters the Competition through
the Website to win the Prizes and who's Entry has not been declared
void.
ENTRY:
The completion of the Spot the Ball competition and the tie
breaker showed on the Website whereby Entrants can enter the
Competition and the submission of an answer to the Tie Breaker,
together with the Entry Fee.
ENTRY FEE:
Means the sum of £25 (GBP) which is
the amount paid by the Entrant to submit one entry to the
Competition.
MAXIMUM NUMBER OF
ENTRIES: 60,000
OPENING DATE:
25 November 2009
PANEL OF JUDGES: Means three representatives from the Competition Solicitors
PRIZE:
The purpose of the Competition is to win Prizes.
There are three possible Prizes which are the properties set
out below. Each of the three Prizes only become
available as an individual Prize when the number of ticket sales
increase and reach a specified amount as set out in Clause 38 with
all three Prizes only becoming available if 60,000 Entries are
received. Each Prize is to be given to separate
winners and one entry could not win all three Prizes.
If 60,000 Entries are not received, then the properties only
become a Prize if the number of entries as set out in Condition 38
are received.
-
(i) “Flat 1”- 99 Waters Edge, Dickens Health,
(ii)
“Flat 2”- 87 Waters Edge,
Dickens Health,
(iii) “Flat 3” - Flat E12.02 East Tower, The Landmark, Canary Wharf, (Tower 2, 22 Marsh Wall), London, E14 8JH ('Prize 3'). This Flat is under construction and estimation completion time is May 2010. It is a one bedroom flat consisting of 529 square feet and the contract to complete with the developer will be transferred free of charges.
PROMOTER: Vipul Pachchigar and Pratibha Pachchigar.
RUNNER UP:
Means in the event that any of the Winners cannot be
contacted in accordance with Clause 25 the Entrant who has submitted
as determined by the Panel of Judges to be the second best entry
which would have placed the entrant as the next winner following the
procedure set out in Clause 31.
TIE BREAKER:
Means the question "What will winning a mortgage free flat
mean to you?” in no more than 20 words.
VALID ENTRIES:
Means those Entries which have
been submitted to the Competition and which the Promoter has
confirmed by email to the Entrant which have not been deemed void.
(i) Flat 1 - £225,000 + stamp duty and coveyancing costs to be paid by the
promoter
(ii)
Flat 2 - £225,000 + stamp
duty and coveyancing costs to be paid by the promoter
(iii) Flat 3 - £385,000 + stamp duty and coveyancing costs to be paid by the
promoter
WEBSITE:
Means the Website with the URL
www.WinALuxuryFlat.com
WINNER:
When the Maximum Number of Entries has been reached,
there will be three Entrants selected as the Winners by the process
outlined below at paragraph 31 and those three Winners will each
receive one of the three Prizes above as set out in paragraph 31 and
in accordance with the Terms and Conditions. In
the event of a tie, the Winners will be the Entrants who the panel
of judges determine has submitted the best answer to the Tie Break
question.
3. GENERAL
1. By entering the
Competition via the Website, Entrants are deemed to have read and
accepted these Terms and Conditions and agree to be bound by them.
2. Upon entering the
Competition, all Entrants must submit all contact details requested
by the Promoter (which must include a valid e-mail address) which
will be used for the following purposes: (a) to notify the Winner
that they have won the prize; (b) to post the Winner's name and town
of residence on the Website; and (c) to comply with the Privacy
Policy.
3. All Entrants are solely
responsible for providing the Promoter with accurate and current
contact details.
4. The Promoter will be in
no way liable for any failure or inability to make contact with any
Entrant due to any errors, omissions or inaccuracies in the contact
details provided by that Entrant or otherwise.
5.
PRIVACY POLICY:
The Entrants and the Promoter recognise that the Promoter and
their agents and advisers may use contact details and other data
including personal data as defined by the Data Protection Act 1998
supplied by the Entrants to the Promoter to administer the Website
and conduct the Competition according to the Website Privacy Policy
and these Terms and Conditions. The Entrants also recognise that the
Promoter may (either by choice or at the request of a third party)
also disclose this information to relevant third parties for the
purposes of the prevention of fraud, money laundering, legal or
other financial or regulatory reasons.
6. The Competition is
operated by the Promoter and the Promoter's agents and advisers.
7. The Competition is open
for entry to all persons aged 18 or over excluding the Promoter,
professional advisers or anyone else connected with the development
or operation of the Website or with the administration of the
Competition.
8. Entries made by the
Entrants will only be valid if submitted via the Website.
9. By entering into the
Competition, all Entrants acknowledge that their payment of the
Entry Fee per Entry does not guarantee in any way that they will win
the Prize.
10. The Promoter does not in
any way guarantee or make any representation as to the value of the
Prizes.
11.
Only Valid Entries will
be entered into the Competition.
12. As a condition of
entering the Competition, Entrants must ensure that, by doing so,
they do not contravene any laws of their country of residence. The
Promoter will not be liable in any way if an Entrant enters the
Competition unlawfully.
13. Each Entrant recognises
that the Competition is a prize competition for the purposes of,
inter alia, Section 14(5) of the Gambling Act 2005 and that to win
the Competition depends to a substantial degree on the exercise of
the skill, judgment and knowledge of each Entrant and that the Prize
is not allocated wholly by chance.
14. By entering the
Competition, each Entrant represents and warrants that all
information which he or she submits is accurate, true, current and
complete. The Promoter reserves the right to disqualify any Entrant
(entirely at their own discretion) if there are reasonable grounds
to believe the Entrant has acted in breach of any of these Terms and
Conditions.
15. There is no limit to the
number of Entries that any one person can make via this Website.
16. The Estimated Valuation
has been estimated by the Promoters based upon what similar
properties in the area have recently sold for or are currently on
the market at. The Promoter is not responsible or liable in any way
for the Estimated Valuation and makes no representation or warranty
in respect of its accuracy.
17.
All Entries will become
the property of the Promoter on receipt and will not be returned.
18.
Entrants will receive a
combined confirmation e-mail and receipt from the Promoter within
2-5 working days of receipt by the Promoter of their Entry
into the Competition.
19.
The Promoter shall not
retain details of each Entry for subsequent third party or other
access directly from the Website. It is the sole responsibility of
each Entrant to retain a copy of the confirmatory e-mail referred to
above for his or her future reference.
20.
The Promoter reserves the
right to make reasonable amendments to these Terms and Conditions at
any time and for any reason. If any amendments
are made to the Terms and Conditions then notice of such amendments
will be displayed on the Website. Entrants who do
not accept the revised Terms and who notify the Promoters in writing
within five working days may withdraw from the Competition and have
their entry fee refunded. Otherwise, such changes
shall be binding on Entrants and will take effect immediately on the
expiry of the five day's notice period.
THE PRIZE
21.
The purpose of the
Competition is to win the Prize;
22.
The prizes are set out in
the Definition of 'Prize'.
The Prizes will be
transferred by the Promoter to the Winners free from all mortgages,
charges and other encumbrances save as recorded under title, at the
Promoter's expense and including all fees, charges and taxes.
23.
Payment of the Entry Fee
will only be accepted in pounds sterling.
24.
English is the only
language in which an Entrant may submit their Entry.
THE COMPETITION
25.
The process to determine
the Winner will begin the day after the Closing Date and a final
decision and notification to the winner will be within 10 working
days of the Closing Date.
26.
The Entry Fee is payable
using the "Enter Now" button on the Competition Website.
27.
To submit an Entry into
the Competition, an Entrant will be asked to provide their contact
details (including postal and e-mail addresses and a telephone
number) and card payment details. Once the Entry is submitted, the
Entrant’s card payment will be electronically approved.
A copy of the Entrant's contact details will be retained for
the sole purpose of contacting the Entrant in accordance with Clause
35 in the event that they are declared the Winner.
28.
Entry to the Competition
and acceptance as a Valid Entry will only be confirmed upon approval
of the payment and by the sending of the combined confirmation
e-mail and receipt as described above by the Promoter to the Entrant
to confirm their entry into the Competition. The e-mail will confirm
the date of entry and that the Entry is registered as a Valid Entry.
29.
When the Maximum Number
of Entries or the Closing Date is reached whichever is the sooner,
the Competition will close; however the Promoter reserves the right
to extend the Closing Date by a period of up to 6 months.
30.
All Entries to the
Competition are final and no refunds shall be made at any time or
for any reason.
31.
In this Competition,
paragraph 38 sets out the Prizes and there is a maximum of three
Winners and a minimum of one Winner. The process
for determining the Winner or Winners will be the same.
In the event of the maximum number of tickets being sold then
the first Winner chosen will be "Winner One", the second Winner
chosen will be "Winner Two" and the third Winner chosen will be
"Winner Three". If no more than one Entrant
selects the exact position of the ball, then that Entrant shall be
Winner One. If no Entrant selects the exact
position of the ball then Winner One will be the Entrant who has
selected the nearest position of the ball. In the
event of more than one Entrant selecting the exact position of the
ball or in event of more than one Entrant selecting the nearest
position to the ball if no Entrant selects the exact position, then
the Tie Break answers of those participants who are equal will be
looked at by the competition judges and Winner One will be the
person who has, in the opinion of the judges, given the best answer
to the Tie Break question. Winner Two will be the
Entrant who, in the opinion of the judges, has given the second best
answer to the Tie Break question and Winner Three will be the
Entrant who, in the opinion of the judges, has given the third best
answer to the Tie Break question. In the event
that Winner One is selected by virtue of the fact that that Entrant
has either selected the exact position of the ball or the nearest
position of the ball and no other Entrant has selected the same
position then Winner Two will be the Entrant who has selected the
next nearest position (to Winner One) to the exact position of the
ball and if there are more than one Entrants with the next nearest
position of the ball (to Winner One) then Winner Two will be
determined using the Tie Break process, as outlined previously in
this condition, with Winner Two being the person who has completed
the best answer to the Tie Break question, in the opinion of the
competition judges, and Winner Three is the Entrant who will have
completed the next best answer to the Tie Break question, in the
opinion of the judges. If Winner One and Winner
Two are selected without recourse to the Tie Break question, then
Winner Three will be the Entrant who has selected the next nearest
position of the ball (to Winner Two) and in the event that more than
one Entrant has selected the next nearest position of the ball (to
Winner Two) then Winner Three will be the Entrant chosen from those
who have selected the next nearest position of the ball (to Winner
Two) who has completed the best answer to the Tie Break question, in
the opinion of the competition judges.
32.
The Winner will be
required to forward a copy of his/her passport or driving licence
certified by a solicitor as being a true copy of the original to the
Competition Solicitors to prove his/her identity and that his/her
winning Entry was made using a valid debit/credit card belonging to
the Entrant or used with the express authorisation of the card
holder.
33.
Each Entrant agrees that
the usual requirement under the Consumer Protection (Distance
Selling) Regulations 2000 for any goods and services ordered online
to be supplied within 30 days will not apply to this Prize
Competition and each Entrant agrees that the usual ability to give
notice of cancellation of the contract under the Consumer Protection
(Distance Selling) Regulations 2000 will not apply to this
Competition.
34.
The Winner will be
required to comply with all relevant legislation.
35.
The Prize will be
transferred to the winner within 56 days of the winner being
announced.
CLOSING THE COMPETITION
36.
If the Maximum Number of
Entries (as determined from time to time) are not received as at the
Closing Date or extended period, the Competition will close and the
three Prizes will not be transferred to the Winners unless the
Promoter agrees to transfer the three Prizes to the Winners. If all
3 Prizes are not transferred to the Winners then such circumstances
as outlined in this clause 38, shall be defined as a "Default
Event". In a Default Event as set out in clause
38, any reference to "the Winners' Pot" means the number of tickets
sold in relation to each prize and relating only to the tickets
specified for each prize in Clause 38 multiplied by the ticket
price. The Promoter will be entitled to retain up
to 35% of the Winners' Pot to cover the legal, professional, website
development, banking, payment processing, stamp duty,
administration, marketing expenditure and charitable donations.
The remaining balance following deduction of these sums from
'The Winners Pot' is "The Prize Fund" which will then be distributed
to the Winner but only as set out in Clause 38.
37.
If the Maximum Number of
Entries are received than the Winners of the Competition will be
determined in accordance with the method described in clause 31
above.
38.
In a Default Event, the
Prizes and/or the Prize Fund will be determined as set out below:
(i)
If less than 20,000
Entries are received
A Winner will be selected in
accordance with paragraph 31 and the "Prize Fund" will be
distributed to the Winner.
(ii)
If 20,000 Tickets are
sold
The Winner will be selected
in accordance with the process set out at paragraph 31 and the
Winner will receive Prize 1.
(iii)
If 20,001 to 34,999
Entries are received
Two Winners will be selected
in accordance with the process set out at paragraph 31.
The first Winner selected will receive Prize 1 and the second
Winner selected will receive the Prize Fund but in this instance the
'Winners Pot ' will be calculated only from those Entries received
between 20,001 and the total number of Entries received and the
retention of 35% costs for the Promoter will relate to the
competition as a whole.
(iv)
If 35,000 tickets are
sold
Two Winners will be selected
in accordance with the process set out at paragraph 31.
The first Winner selected will receive Prize 1 and the second
Winner selected will received Prize 2.
(v)
If 35,001 to 59,999
Entries are received
Then three Winners will be
selected in accordance with the process set out at paragraph 31.
The first Winner will receive Prize 1, the second Winner will
receive Prize 2 and the third Winner will receive the Prize Fund but
in this instance the 'Winners Pot' will only be
calculated from those Entries received between 35,001 and the total
number of Entries received and the retention of 35% costs for the
Promoter will relate to the competition as a whole.
(vi)
If 60,000 tickets are
sold
Three Winners will be
selected in accordance with the process set out at paragraph 31.
The first Winner will receive Prize 1, the second Winner will
receive Prize 2 and the third Winner will receive Prize 3.
39.
The Promoter reserves the
right to give away the Prizes at any stage even if the required
number of Entries are not received.
OTHER ISSUES
40.
The Winner's Pot will be
maintained in a separate bank escrow account in the name of the
Promoter, until the Winner of the Competition has been determined.
41.
By entering the
Competition the Entrants acknowledge that the Promoter has incurred
fees relating solely to this Competition (including contributions to
the Cystic Fibrosis Trust, website development cost, legal and
professional fees, marketing fees, payment of stamp duty, bank fees
and payment processing fees).The Entrants agree that these fees,
costs and expenses may be deducted from the Winner's Pot, subject to
a limit of (35%) and as approved by the Competition Solicitors and
the aggregate sum will be published on the Website.
42.
The Promoter will display
the Winner's name on the Website in accordance with the Privacy
Policy. The name and town of residence of the Winners will be posted
on the Website for the purposes of announcing the Winners of the
Competition within 1 – 3 days of the Winners being determined,
unless the Winners specifically request in writing to the Promoters
that they do not want such information published on the website then
the Promoter will only announce that the Winners have been
established.
43.
Entrants authorise the
Promoter and their agents and advisers to enter their personal
details into their database and to use the information in accordance
with the provisions of the Data Protection Act 1998 and subject to
the terms of Privacy Policy.
44.
The Promoter reserves the
right to cancel the Competition at any time either before or after
tickets have been sold. If the Competition is cancelled, the
Promoter will return the Entry Fees, to each Entrant (in such manner
as the Promoter may at their discretion determine and in one
combined payment where several entries have been made by a
competitor), with the exception of those Entries declared void in
accordance with Clause 53, where no refund shall be given. Where the
Entry Fee is returned, the Promoter shall have no further liability
to the Entrant or to any other person.
45.
The Promoter makes no
representation or warranty as to the Estimated Valuation of the
Prize, its structural or cosmetic condition or its ability to be
sold. Entrants should make and rely on their own enquiries and legal
advice about the Prize before entering the Competition.
46.
The Promoter cannot
accept any responsibility for any damage, loss, injury or
disappointment suffered by any Entrant entering the Competition or
as a result of accepting the Prize. Nothing shall
exclude the Promoter's liability for death or personal injury as a
result of its negligence.
47.
The Promoter accepts no
liability for errors or omissions contained within the Prize
details, description or specification or any other part of the
Website. It is the responsibility of each Entrant to satisfy
him/herself as to the accuracy of any such details and/or any
content of this Website.
48.
These Terms and
Conditions shall be governed by and construed in all respects in
accordance with the laws of
49.
The Promoter will not be
liable for any loss suffered by an Entrant as a result of Entries
which are not deemed to be Valid Entries or the failure of computer
equipment or software or online systems or for any loss suffered as
a result of use of the Website.
50.
The Promoter does not
accept responsibility for Entries which are not received due to
failures in computer systems, other malfunctions, high Internet
traffic, hardware failure, software failure, server faults or any
other reason.
51.
It is the responsibility
of each Entrant to contact the Promoter if the Entrant does not
receive the combined confirmation E-Mail and receipt as described
above within 5 days of the submission of any Entry.
52.
These Terms and
Conditions shall not create or be construed as creating any form of
contract, joint venture or other agreement between any Entrant and
the Promoter.
53.
An Entry shall be
declared void (without any refund being given) if the Entrant is
under 18 years or age or 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.
54.
The Promoter reserves the
right to cancel or amend the Competition and the Terms and
Conditions without notice in the event of a catastrophe, war, civil
or military disturbance, act of God or any actual or anticipated
breach of any applicable law or regulation outside the Promoter's
reasonable control and in such circumstances entry fees will be
returned less any payment processing fees incurred by the Promoter.
55.
The winner will assume
responsibility for all liabilities connected to the Prize.
56.
Save for death or
personal injury the Promoters will not be liable for any loss
(including economic loss) suffered to or sustained by any person or
property as a result of any act or omission of the Promoters, nor
will their servants or their agents in developing, planning and
Administrating the Prize Draw, distributing the Prize to the Winner
or following the distribution of the Prize.
57. Charitable Donations to the Cystic Fibrosis Trust (Registered Charity No. England and Wales – 1079049, Scotland – SC40196) will be a minimum of 3.5% of the costs to be deducted from the ‘Winners Pot’ as defined in Clause 36 and will relate to the competition as a whole.
Each Entrant should retain a copy of these Terms and Conditions for their future reference.
