TERMS AND 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:
19th March 2009
COMPETITION:
The Competition operated by the Promoter to which these Terms and Conditions apply, wherein the Entrants submit entries via the Website to win the Prize.
ENTRANT:
Any person (not including a limited company, partnership or limited liability partnership) who enters the Competition through the Website to win the Prize and whose Entry has not been declared void.
ENTRY:
The selection of a pixel on the relevant image shown on the website whereby Entrants can enter the Competition and the submission of an answer to the Tie Breaker.
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: 46,000
OPENING DATE:
OTHER PRIZES:
as announced on the Website.
PANEL OF JUDGES:
means the Solicitor and an independent Judge.
PRIZE:
means the Freehold of 12 Oxford Walk, Cheltenham, Gloucestershire, GL52 6DN, registered title number [GR303359], plus stamp duty, and solicitors' conveyancing fees (inclusive of the Winner's solicitors fees up to a maximum of of £600 + VAT).
PROMOTERS:
Timothy and Zoe Bawtree ("the Promoter")
SOLICITOR:
means the legal representative selected by the Promoter
RUNNER UP:
means the Entrant who has submitted what is determined by the Panel of Judges to be the second best answer to the Tie Breaker and is therefore determined to be the Winner.
TIE BREAKER:
means the Entrant is required to write in 22 words or less a response to the question "What appeals to you about the Cheltenham House"
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
WEBSITE:
means the website with the
URL
www.winthecheltenhamhouse.com
WINNER:
The Entrant who correctly identifies, or if no one is correct, who is closest to, the pixel within which the centre of the missing Frisbee is judged to be located on or after the Closing Date who will receive the Prize in accordance with these Terms and Conditions. In the event of more than one person correctly identifying the pixel or if no one is correct more than one person having chosen the pixel which is located closest to the pixel within which the centre of the missing frisbee is judged to be located the Winner will be the Entrant who the Panel of Judges determine has submitted the best answer to the Tie Breaker.
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 Promoters (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 and completely responsible for providing the Promoters with accurate and current contact details.
4. The Promoters 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 the Entrants or otherwise.
5. PRIVACY POLICY - The Entrants and the Promoters recognise that the Promoters may use contact details and other data including personal data as defined by the Data Protection Act 1998 supplied by the Entrants to the Promoters to administer the Website and conduct the Competition according to these Terms and Conditions. The Entrants and the Promoters also recognise that the Promoters 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 Promoters.
7. The Competition is open for entry to all persons aged 18 or over excluding the Promoters, their family, agents, employees, professional advisers or anyone else connected with the development or operation of the Website or with the administration of the Competition in any way, shape or form;
8. Entries made by the Entrants to the Competition 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 Promoters do not in any way guarantee or make any representation as to the value of the Prize.
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. The Entrants recognise 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 the Entrants and that the Prize is not allocated wholly by chance;
14. By entering the Competition, Entrants warrant that all information which they submit is accurate, true, current and complete. The Promoters reserve 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 Property was marketed by Savills, Cheltenham between April 08 to September 08 at a guide price of £845,000 was understood to have represented a fair market value during that period for the Prize. However due to the current market conditions and for the purpose of this competition the Property is valued at £750,000 and stamp duty will be paid on this basis. The Promoter is not responsible or liable in any way for the Valuation and makes no representation or warranty in respect of its accuracy.
17. All Entries will become the property of the Promoters on receipt and will not be returned.
18. Entrants will receive a combined confirmation e-mail and receipt from the Promoters within 2 working days of receipt by the Promoters of their Entry into the Competition.
19. The Promoters do 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 their future reference.
20. The Promoters reserve the right to amend these Terms and Conditions at any time and for any reason. Such changes shall be binding on Entrants and will take effect immediately on posting of the revised documentation on the Website that such changes have taken place. Entrants hereby agree that they will be bound by such changes when they claim their Prize if they win the Competition following the changes taking place.
THE PRIZE
22. The purpose of the Competition is to win the Prize;
23. Further details in relation to the Promoter's title to the Prize can be found on the Website.
24. The Promoter is the registered legal owner of the Prize and the Prize will be transferred by the Promoter to the Winner of the Competition free from all mortgages, charges and other encumbrances save as recorded under title number GR303355, at the Promoter’s expense and including all fees, charges and taxes.
25. The Winner shall ensure that the Prize is registered at HM Land Registry in the Winner’s name;
26. Payment of the Entry Fee will only be accepted in pounds sterling.
27. English is the only language in which an Entrant may submit their Entry.
28. The Panel of Judges shall award the Other Prizes to Entrants (not including the Winner) selected by the Panel of Judges. The winners of the Other Prizes shall be determined by the Panel of Judges and shall be awarded to those Entrants (other than than the Winner) who have submitted the best answers to the Tie Breaker.
THE COMPETITION
28. The process to determine the Winner and the winners of the Other Prizes will begin the day after the Closing Date and a final decision will be made within 10 working days of the Closing Date.
29. The Entry Fee is payable using the "Pay Now" button on the "Enter Competition" page of the Website.
30. 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.
31. 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 Promoters to the Entrant to confirm their entry into the Competition. The e-mail will confirm the date and time of entry, and the details of the Prize and that the Entry is registered as a Valid Entry.
32. When the Maximum Number Of Entries or the Closing Date is reached whichever is the sooner, the Competition will close; however the Promoters reserve the right to extend the Closing Date by up to a period of 3 months.
33. All Entries to the Competition are final and no refunds shall be made at any time or for any reason, except in the case of entries submitted after the Closing Date.
34. In the event of more than one person correctly identifying the pixel or if no one is correct more than one person having chosen the pixel which is located closest to the pixel within which the centre of the missing frisbee is judged to be located the Winner will be the Entrant who the Panel of Judges determine has submitted the best answer to the Tie Breaker. If the Winner is determined by way of the Tie Breaker the Winner will be announced before an audience of invited guests, members of the Press and in the presence of a Solicitor. The Promoters’ decision is final and no correspondence will be entered into about the result of the Competition following the determination of the Winner as described above.
35. The Winner will be required to forward a copy of their passport or driving licence to the Promoters to prove their identity and that their Entry was made using a valid debit/credit card belonging to the Entrant or used with the express authorisation of the card holder.
36. 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.
37. If the Winner cannot be contacted by the Promoter (using reasonable endeavours) within 30 days of the Promoter notifying the Winner of their status as the Winner by e-mail, telephone and mail using the contact details submitted in their Entry, the Promoter shall award the Prize to the Entrant selected by the Panel of Judges as the Runner Up. The Runner Up shall have 7 days from notification of their status by the Promoters to communicate their acceptance of the Prize.
38. The Winner will be required to sign a transfer deed to transfer the Prize into the Winner’s name within 28 days of transfer of the Prize.
39. The Promoter will donate 10% of the gross ticket price to one or more charities which will be listed from time to time on the Website.
CLOSING THE COMPETITION
42. If the sum of 95% of the Maximum Number of Entries to the Competition is not equal to the sum number of entries received as at the Closing Date, the Competition will close and the proceeds of the Competition will be determined using the formula “number of tickets sold multiplied by the ticket price” (“the Winner's Pot”);
43. The Winner of the Competition will then be determined in accordance with the method described in clause 35 above;
44. The Promoters will be permitted to pay out from the Winner's Pot third party administration and marketing costs up to maximum of 35% of the Winner's Pot. The remaining balance following deduction of these costs is “the Prize Fund”. The Prize Fund will then be distributed to the Winner;
45. The Promoter will donate 10% of the gross ticket price to one or more charities which will be listed from time to time on the Website.
OTHER ISSUES
46. The Winner's Pot will be maintained in a separate bank escrow account in the name of the Promoter, but administered by the Solicitor until the Winner of the Competition has been determined;
47. By entering the Competition the Entrants agree that the Promoter has incurred professional service fees relating solely to this Competition (inc legal, third party marketing fee’s) via its administration. These fees may be deducted from the Winner's Pot as approved by the Solicitors and will be published on the Website on the Closing Date.
48. The Winner(s) agrees to allow the Promoters to display his or her name on the Website in accordance with the Privacy Policy. The name, age and town of residence of the Winner will be posted on the Website for the purposes of announcing the Winner of the Competition within 24 hours of the Winner being determined
49. Entrants authorise the Promoters 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
50. The Promoters reserve the right to cancel the Competition at any time either before or after tickets have been sold. If the Competition is cancelled, the Promoters will return the Entry Fees to each Entrant (either by bank card refund or by cheque and in one combined payment where several entries have been made by a competitor). Where the Entry Fee is returned, the Promoter shall have no further liability to the Entrant or to any other person;
51. The Promoters make no representation or warranty as to the Valuation or 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.
52. The Promoters cannot accept any responsibility for any damage, loss, injury of disappointment suffered by any Entrant entering the Competition or as a result of accepting the Prize. Nothing shall exclude the Promoters' liability for death or personal injury as a result of its negligence.
53. The Promoters accept 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 (and in particular the Winner) to satisfy him/herself as to the accuracy of any such details and/or any content of this website.
54. These Terms and Conditions shall be governed by and construed in all respects in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts;
55. The Promoters 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 computer online systems or for any loss suffered as a result of use of the Website.
56. The Promoters do not accept responsibility for Entries which they do not receive due to failures in computer systems, other malfunctions, high Internet traffic, hardware failure, software failure, server faults or any other reason.
57. It is the responsibility of Entrants to contact the Promoters if you do not receive the combined confirmation E-Mail and receipt as described above within 5 days of the submission of any Entry.
58. 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 Promoters.
59. 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.
60. The Promoters reserve 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.
Each Entrant should retain a copy of these Terms and Conditions for their future reference.
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