TERMS & CONDITIONS
Please read carefully the terms and conditions here listed, to gain a fuller understanding of the general rules.
These terms and conditions (“Conditions”) as instigated by the promoter set out the conditions and competition rules for the
“Win My Flat” competition. By entering the Competition via the Website all Competitors agree to be bound by and abide by the following Conditions.
1. Definitions and Interpretation
1.1 Set out in these Conditions unless the context requires otherwise the following words have the following meanings:
Cancellations / refunds are not offered after a ticket has been sold. All sales are final;
Closing Date the competition shall end according to such terms set out in clause 2.7 below;
Competition the competition operated by the Promoter to which these Conditions apply and which must be entered via the Website;
Competition Rules the rules for the Competition as set out in these Conditions;
Competitor any person over the age of 18 (not including a limited company, partnership or limited liability partnership) who enters the competition to win the Prize;
Entry the answers submitted to the questions by the competitor to have the opportunity of winning the Prize;
Fee £50.00 per entry. (except for promotional offers currently £30 per ticket)
Minimum Number of Entries shall be (15,000) fifteen thousand or such lower number at the absolute discretion of the Promoter;
Maximum Number of Entries shall be 25,000 (twenty-five thousand)
Start Date shall be 30 November 2009
The Prizes shall be;- (1st Prize) A new build 1-bed flat on the 11th Floor with prime views, The Escalla Building 399-425 Eastern Avenue, Gants Hill, Essex, IG2 6LQ with registered title number EGL537526, this prize comes with an additional £5000 cash bonus to be used as desired; (2nd & 3rd Prize) £5000 cash payouts respectively; (4th & 5th Prize) £1000 cash payouts respectively; AND (6th -10th Prize) holiday vouchers to a 5-star resort, in Spain. These vouchers carry stipulations, which are beyond the control of the promoter. (note;- a cash alternative to these prizes may become available instead and in the instance of the 1st Prize a property of similar standing may be offered)
The Promoters Win My Flat in conjunction with The Garry Family.
Administration Cost is taken to be the costs that we incur in the formation of the competition, running and administering the competition, including the cost of the runners up prizes, legal costs, accountant’s costs, marketing costs, public relations costs, advertising costs, information technology costs, web design and support costs, costs to all other third parties, and the cost of processing payments.
Questions the (5) five questions randomly selected which Competitors must answer, as set out at clause 2.8 below in order to be entered into the Competition;
Solicitors Fees any stamp duty and solicitors conveyance fees (inclusive of the 1st prize winner’s solicitors fees) up to a maximum of £800.00 plus VAT;
Website www.winmy-flat.com
Winners The Competitors chosen at random from the various entries.
GENERAL CLAUSE:-
1.2 In these Conditions:
1.2.1 reference to any gender includes all genders;
1.2.2 reference to the singular shall include the plural and vice versa;
1.2.3 reference to a clause is to the relevant clause in these Conditions;
1.2.4 the headings are for convenience only and shall not affect their interpretation;
1.2.5 reference to any statute or statutory provision includes a reference to the same as from time to time amended, extended, re-enacted or consolidated and all subordinate legislation from time to time made under it.
2. Competition Rules
2.1 The Competition is open to Competitors over the age of 18 (eighteen) excluding the Promoter, its family members, employees, professional advisers or anyone connected to the property.
2.2 The price of entering the Competition is £50.00 (Fifty Great British Pounds) per Entry. (subject to clause 2.3)
2.3 All Entries must be made primarily via the website, whereby the Competitor will be required to add in their personal details and make payment, in order to be entered into the Competition. Unless free or discounted tickets have been issued by way of promotions or third party activities.
2.4 All Competitors warrant that the information they provide pursuant to clause 2.3 above is complete, accurate and not misleading and confirm that the Promoter will have no liability for any incorrect information provided by a Competitor. Any incorrect information may affect a Competitor’s chance of winning in the Competition.
2.5 Entry to the Competition will be confirmed on approval of the payment of the Entry Fee and by the sending of an email from the Promoter to the Competitor. The Competitor will not be entered into the Competition until such time as it has been sent the confirmatory email. All confirmatory emails should aim to be sent within 5 (five) days of an Entry being made. It is the sole responsibility of the competitor to contact us, if you do not receive the confirmatory email of your payment and receipt with your entry number, within 5 working days of your submission of any entry. Please contact us via email at admin@winmy-flat.com.
2.6 The Promoter does not retain details of each entry and it shall be the sole responsibility of the Entrant to retain a copy of the confirmatory email referred to at clause 2.5.
2.7 The Competition will close when the Maximum Number of Entries has been received or at a given/publically announced closing date (via this website) , or whichever is the sooner. The Promoter reserves the right to extend/shorten the Competition duration if circumstances dictate, at its absolute discretion.
2.8 The Competitor will be asked five randomly selected Questions. The Competitor will be required to correctly answer all of the Questions in order to be successfully entered into the Competition.
2.9 The Questions may be changed at any time throughout the Competition if deemed appropriate by the Promoter.
2.10 The Competitor acknowledges that the Questions require a level of judgement and skill in answering such Questions.
2.11 No refunds shall be made to a Competitor after they have entered the Competition, except for entries made after the Closing Date.
2.12 The Winners will be drawn at random within 10 (ten) days of the Closing Date in front of an audience of 1 (one) solicitor, 2 (two) impartial witness’ and a member of the press.
2.13 The answers to the Questions shall be the answers held by the Promoter.
2.14 The Promoter will be the sole arbitrator of the Competition and any aspect of the content of or the running and organisation of the Competition. The Promoter will not enter into any correspondence relating to the result of the Competition and the determination of the Winners pursuant to 2.10 above will be final and conclusive.
2.15 The Winners will be notified of their success by email, telephone or post at the contact details provided by them on Entry, within 7 (seven) days of the Winner being drawn.
2.16 The Winners will be required to provide a copy of their passport or photographic driving licence to the Promoter to prove that their Entry was validly made in accordance with these Conditions.
2.17 If any of the chosen Winners does not provide such information within 20 (twenty) days of being requested to do so the Promoter shall be entitled to draw another winner at random in the same method as described at clause 2.12 above. The alternative Winner shall be required to provide the documentation detailed at clause 2.16 above.
2.18 If any of the Winners cannot be contacted by the Promoter, within 20 (twenty) days of being determined, by email, telephone or post at the contact details provided by them on Entry, the Promoter shall be entitled to draw another Winner at random in the same method as described at 2.10 above.
2.19 The 1st prize Winner will be required to sign a transfer deed to transfer the Prize into the Winner’s name within 28 (twenty eight) days of the Winner being determined pursuant to clause 2.12, 2.17 or 2.18, as applicable.
2.20 If the Minimum Number of Entries is not reached by the Closing Date the Promoter reserves the right to close the Competition. Or vary the terms by offering alternate cash prizes or vouchers.
2.21 If the Competition is closed pursuant to clause 2.20 above the Promoter shall be entitled to retain some percentage for Management Fees with the balance of all Entries (being the number of tickets sold multiplied by the Entry Fee less the Management Fee) being allocated to the Winners and the designated charity as an alternative prize. The Winner shall be determined in accordance with clause 2.12.
2.22 The various Winners agree that their details can be published on the Website within 2 (two) days of them being determined by the Promoter in accordance with the Privacy Policy detailed below. The name, age and town or residence of the Winners will be posted on the Website.
2.23 As a condition of entering the Competition, Competitors must ensure that by doing so they do not contravene any laws of their country of residence. The Promoter shall not be liable in any way if a Competitor enters the Competition unlawfully.
2.24 There is no limit to the number of entries that any one person can make via the Website.
3. Prize
3.1 Details in relation to the Promoter’s title to the Prize can be obtained via email to the administrator of the website.
3.2 The 1st Prize will be transferred by the Promoter to the Winner free from all mortgages, charges and other encumbrances save as recorded under title number EGL537526 at the Promoter’s expense (including all reasonable fees, charges and taxes). The other prizes will be issued as cheques and vouchers to the subsequent winners.
4. Privacy
4.1 All Competitors agree to the Promoter holding their personal data and acknowledge that the Promoter may use the Competitors contact details and other personal data, as defined in the Data Protection Act 1998 in order to conduct the Competition and administer the Website.
4.2 The Competitors acknowledge and accept that the Promoter may be legally required to provide their details to third parties, including but not limited to regulatory authorities for the prevention of money laundering.
5. General
5.1 All Entry Fees shall be held in a nominated bank account in the name of the Promoter until the Winners of the Competition are determined.
5.2 All Competitors accept that the Competition is a prize competition for the purpose of section 14(5) of the Gambling Act 2005 and to win the Competition they need to answer the allocated Questions. All Competitors further accept that the determination of the Winners is not by chance.
5.3 The Competitors accept that by entering the Competition and paying the Entry Fee they do not receive any guarantee that they will win the set Prizes.
5.4 Each Competitor agrees and accepts that the Consumer Protection (Distance Selling) Regulations 2000 shall not apply to this Competition or the Prize.
5.5 By entering the Competition each Competitor warrants that all information provided by them is true, complete and accurate. The Promoter reserves the right to disqualify any Competitor, at its absolute discretion, if they believe the information provided by a Competitor is false or misleading or in breach of these Conditions. Any Competitor so disqualified shall not be eligible to participate in the Competition under any other name.
5.6 The Promoter accepts no liability for incomplete or failed entries, computer communications or for any loss suffered by a Competitor by the use of the Website or the entering into the Competition.
5.7 The Promoter shall not be responsible for any delayed or incomplete Entries, any such Entries will be deemed void and not entered into the Competition.
5.8 The Promoter accepts no responsibility for Entries not received by it for any reason. It shall be the responsibility of the Competitor to contact the Promoter if they do not receive the confirmatory email referred to at clause 2.5 above.
5.9 The Value of the prizes is provided for information only and the Promoter makes no representation or warranty as to the accuracy of the value of the Prizes.
5.10 The Promoter makes no warranty or representation as to the structural condition or accuracy of the details of the 1st Prize and all Competitors should rely on their own enquiries.
5.11 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 Competitor (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 Competitor or to any other person.
5.12 The Promoter shall not be liable for any loss or damage whatsoever which may be suffered by a Competitor (including but not limited to indirect or consequential loss) as a result of or in connection with or arising out of the Competition or as a result of the Prize except for any liability which cannot be excluded by law.
5.13 These conditions shall not create or be construed as creating any form of contract, agency, joint venture or other agreement between the Promoter and the Competitor.
5.14 An entry shall be declared void (without any refund being given) if the Competitor 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.
5.15 These conditions shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction in connection with the Competition.