Terms & Conditions
TERMS & CONDITIONS RELATING TO COMPETITION HELD BY PROMOTER
A) THE COMPETITION
1) The Promoter is Patricia Ann Hamilton of 3 Water Lane, Pill, Bristol, BS20 0EQ.
2) The Competition is open to residents of the United Kingdom aged 18 years and over excluding the Promoter and her family, employees of any of the Promoter’s advisors and their close relatives and any person connected with the organisation or judging of the Competition.
3) By entering this Competition, an Entrant is indicating his/her agreement to be bound by these Terms and Conditions and entry shall be deemed as acceptance of these Terms and Conditions and that an Entrant shall have legal capacity to enter the Competition and agree to the Terms and Conditions (i.e. be of sufficient age and mental capacity).
4) The Entrant shall pay £10.00 per entry ticket (the “Entry Fee” ). The Promoter reserves the right to offer promotional tickets for a fee lower than £10.00 in certain circumstances at the Promoter’s discretion for a limited period of time. All payments to be held by the Payment Gateway, First Data. Should the payment not be accepted for any reason, the entry shall be void. Entries will be owned by the Promoter.
5) Entry is subject to a non-refundable booking fee chargeable by the payment gateway provider (the “Booking Fee” ). The Booking Fee is set by the provider but is currently 25 (twenty five) pence.
6) Route to entry for the Competition and details of how to enter are only online via https://www.winmyhouse.online/ / https://www.enterwinmyhouse.online
7) The start date of the Competition is Monday 12th February at 9am GMT after which time entries from registered participants will be accepted. Entries from members of the public will only be accepted from 15th February 2018 at 16:30 GMT
8) Closing date and time for entry will be the earlier of the following:
a) The date and time at which £1,500,000 worth of tickets have been sold;
b) 15th November 2018 at midnight GMT. After which date and time, no further entries to the Competition will be permitted.
9) No responsibility can be accepted by the Promoter for entries not received for whatever reason.
10) Tickets are not transferable and no refunds will be given.
11) By entering the Competition an Entrant confirms, warrants and undertakes that the information provided shall be complete, true, current, accurate and not misleading. The Parties acknowledge and agree that the Promoter will have no liability for any incorrect information provided. In particular the Promoter will be in no way liable for any failure or inability to contact any User or Entrant due to any errors, omissions or inaccuracies in the information provided. All Entrants shall ensure that any entry to the Competition by them shall not contravene any laws of their country of residence. The Parties agree that the Promoter shall not be liable or held responsible in any way if an Entrant enters the Competition unlawfully.
12) The Promoter accepts and assumes no responsibility or liability (to the fullest extent permitted by law) for:
a) any illegible or incomplete or failed Entries
b) any incorrect or inaccurate information;
c) lost or late Entries;
d) any error, omission, interruption, deletion, defect, delay or failure in communication, operation or transmission,
e) any hardware, software, systems or line failure, server fault orother malfunction,
f) theft or destruction or unauthorised access to Entries and/or the Website
g) lost or delayed Entries whether or not arising during operation or transmission as a result of server functions,
h) technical, network, telephone equipment, electronic, computer hardware or software malfunctions, virus, bugs
i) failure to receive Entry information by the Promoter on account of technical problems or traffic congestion affecting the entry collection process
j) any other causes outside the Promoter’s control.
13) The Parties agree and acknowledge that the Promoter shall have no liability for incomplete or failed entries, failure in computer communications, any delayed Entries, hardware, software or systems failure, server faults, other malfunctions, high internet traffic or other technological reasons beyond the Promoter’s reasonable control.
14) The Promoter reserves the right to disqualify any Entrant (without any refund being given) at its sole discretion if it believes the information provided is false, misleading, fraudulent, or there are reasonable grounds to believe the Entrant has acted in breach of any of these Terms and Conditions, or has acted in a way that amounts to cheating or attempting to cheat.
15) An Entry shall be declared void (without any refund being given) if the Entrant is under 18 years old or engages in any form of fraud, fraudulent misrepresentation or concealment, hacking or unauthorised interference with the proper functioning of the Website, or any unauthorised use or amendments of any of the code that underlies the Website.
16) All Entries are final and no refunds shall be made at any time for any reason, except in the case of entries submitted after the Closing Date or as otherwise provided in these Terms and Conditions.
17) An Entrant may purchase more than one but no more than one hundred entry tickets. An Entrant will be required to:
a) complete an entry form providing the Promoter with details including full name and address, email address, phone number(s), date of birth and confirmation of UK residence;
b) complete the online payment form via the Payment Gateway;
c) view an interactive image showing a hat about to be thrown into the air;
d) answer a question in the style of 'Spot the Ball' though in this case it will be 'Spot the Hat’ (the “Question” ), the interactive image does not show the position of the hat once it has been thrown; using skill, knowledge and judgment, Entrants will be required to select the position that the Entrant has determined to be where the centre of the hat would logically have been at its highest point (an Entry ). An Entrant’s chosen point will be recorded as an X and Y coordinate. Each Entry is allowed to make one selection. At the end of the Competition the same interactive image will be provided to an independent Judging Panel. The Judging Panel will mark (in exactly the same way) where in its opinion it considers the centre of the hat ought to have been.
18) Should an Entrant wish to purchase more than one hundred entries they will need to make contact with the Promoter or their agent.
19) Only Entries which have been submitted and for which the Entry Fee has been paid and receipt of which the Promoter has confirmed by email to the Entrant and which have not been declared void will be entered into the Competition (“Valid Entry” ).
20) Entry to the Competition and acceptance as a Valid Entry will be confirmed upon approval of the payment of the Entry Fee and all Entrants shall be notified of their Valid Entry and receipt of payment of the Entry Fee by email confirmation from the Promoters. The email will confirm the date and time of Entry, and the details of the Prize and that the Entry is a Valid Entry. An Entry shall not be a Valid Entry until such time as the Entrant has received the respective confirmatory email. All confirmatory emails should be sent within 2 (two) working days of an Entry being made and the Entry Fee being received by the Promoter. It is the sole responsibility of the Entrant to retain a copy of the confirmatory email.
21) If a user who has attempted to enter the Competition has not received email confirmation of the Entry within 7 days of making their Entry, it shall be deemed invalid. In such circumstances, it is the Entrant’s responsibility to notify the Promoter by the contact means provided.
22) The position of the centre of the hat in the interactive image will be determined by an independent judge in the presence of an independent adjudicator ("Judging Panel" ) using their skill, knowledge and judgment ("Expert Selection" ).
23) Within seven (7) days of the Closing Date , the winning Entry will be selected in accordance with these Terms and Conditions from all valid and eligible Entries.
24) The following process will be used to determine the winning Entry:
a) the winning Entry will be selected electronically using the database of Entries to mathematically calculate which Entry is deemed to match or if there are no matches, then which one is deemed to be the closest to the Expert Selection. The calculation will be made on the straight line distance between the co-ordinates of each Entry and the co-ordinates of the Expert Selection (the "Calculation Process" ); and
b) if there is more than one Entry which either exactly matches (or if there are no exact matches, then the Entries which are deemed to be equally the closest to the Expert Selection) ("Tie Break Entries" ), then the Entrants who have submitted the Tie Break Entries (the "Tie Break Entrants" ) will be presented with a new spot the hat image and using their skill, knowledge and judgment, the Tie Break Entrants will need to select the position that they determine that the Judging Panel will select as the centre of the hat. The winner will be selected in accordance with rules 13 and 15(a). If this process results in a further tie break, then the process will be repeated with the new Tie Break Entrants, each time using a new spot the hat image until a winning Entry is determined.
25) The Parties recognise and agree that the Competition is a prize competition for the purposes of the Gambling Act 2005 (in particular section 14(5)) and that success shall depend on the exercise of skill and/or judgement by the Entrants in answering the Question and does not rely wholly on chance. Entrants recognise and acknowledge the payment of the Entry Fee does not automatically guarantee the receipt of a prize and that Entrants who are not the closest to the judge’s decision shall be prevented from receiving a prize. All users and Entrants acknowledge and agree that the Question requires a level of judgement and/or skill.
26) The Promoter reserves the right to cancel the Competition at any time either before or after the Entries and Entry Fees have been received. In the event that the Competition is cancelled, the Promoter shall return the Entry Fees to each Entrant (either by electronic transfer, bank card refund or cheque). Where the Entry Fee is returned the Parties agree that the Promoter shall have no further liability to the Entrant or to any other person. In the event that any Entrant Fee is refunded or returned, such amount will not include the Booking Fee. The Booking Fee will be not be returned.
27) 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 control.
28) The Prize is as described in Section B of the Terms and Conditions. Award of the Prize is subject to a reserve price which requires a minimum level of £1,200,000 from Entrants (Target Number of Entries ). If this is not met, at the Promoter’s absolute discretion, instead of the Property the following Cash Alternative shall apply:
a) The Promoter shall recover their costs and expenses from the funds incurred in the running of the Competition;
i) Of the remaining funds, 95% shall be awarded to the Winning Entrant as the Cash Alternative; and
ii) 5% shall be donated to a charity of the Promoter’s choosing
29) The Promoter’s recoverable costs and expenses (including administration, marketing and legal costs up to a maximum of 30% of the total amount of Entry Fees (or up to £100,000 if the Entry Fees total only £300,000 or less)) shall be verified by independent examiner (being a member of a relevant recognised UK professional body such as the Institute of Chartered Accountants), such verification to be made available upon reasonable request.
30) The winner will be notified by email and letter within 14 days of the Closing Date. If the winner cannot be contacted or does not claim the prize within 14 days of notification or fails to assist in the transfer of the Prize and the completion of any necessary documentation, the Promoter reserves the right to withdraw the prize from the winner and pick a replacement winner in the same manner.
31) The Winner agrees to the use of his/her name, age, postal town and image in any publicity material, as well as their Entry, which may be published on the website and any other forms of recognised media.
32) Any personal data relating to the Winner or any other Entrants will be used in accordance with current UK data protection legislation. Entrants acknowledge that the Promoter shall hold their personal data and use the Entrant’s contact details and other personal data as defined in the Data Protection Act 1998 in order to fulfil its contractual obligations and for its legitimate interests to conduct, administer, promote and publicise the Competition and administer the Website (in accordance with these Terms and Conditions). The Promoter will not share or disclose any information to a third party without the Entrant/Winner’s prior consent, other than for the purposes of the prevention of fraud, money laundering, or other such purposes and legal, financial and regulatory reasons.
33) By entering the Competition, the Entrant shall be providing personal data to the Promoter to enable them to secure valid entry. Any personal data which is collected during the Competition will be stored and held securely by the Promoter until the Closing Date.
34) Unless the Entrant requests otherwise, the Promoter may use their personal data for the legitimate interest of informing the Entrant of any future competitions or promotions that the Promoter or their associates might run in the future.
35) The Promoter may also use Entrants personal data for any purpose for which the Entrant has given their consent (where such consent is necessary under the UK data protection legislation).
B) THE PRIZE
1) Provided the Target Number of Entries is reached the Prize is the freehold interest in land and property known as 3 Water Lane, Pill, Bristol, BS20 0EQ as registered at the Land Registry under title number AV160502 as at 12th February 2018 but excluding some land to the south east which has been transferred to a third party on 19th January 2018 (“the Property”). At the Promoter’s sole discretion the Prize may be the Property even in the event that the Target Number of Entries is not reached.
2) The Property can only be transferred to the winner or someone acting on behalf of the winner such person providing sufficient legal authority and capacity to do so.
3) The Property transfer shall take place no later than 3 months following the date that the prize is claimed by the winner. If the Winner fails to assist in the transfer of the Property and completion of the necessary contracts the winner’s entitlement to the Property will lapse at the Promoter’s sole discretion.
4) The Property is transferred as seen and the Promoter gives no warranties as to its state and condition. The Promoter makes no warranty or representation as to the structural and/or cosmetic condition or accuracy of information or saleability of the Property and all Entrants should rely on their own legal advice and enquiries into the Property.
5) The Entrant warrants that they have had sight of the legal papers in relation to the Property, and they shall not raise any requisition in relation to the same.
6) The Promoter confirms that they are the legal owner of the Property and will transfer it free from mortgage, charge or other incumbrance and with full title guarantee.
7) The Winner shall be responsible for ensuring that the Prize is registered at HM Land Registry in the Winner’s name. The Promoter shall be liable to pay any reasonable and proper legal conveyancing costs limited to the winning Entrant’s legal fees (to a maximum of £1500 including vat), Stamp Duty Land Tax, Land Registry search fees and Land Registry registration fees. The Promoter shall not pay any costs of any indemnity insurance policies and should one be necessary the winning Entrant shall cover this at their own cost.
8) The Promoter shall not be liable for any potential loss or damages in relation to the Property as a result of any issues relating to its state and condition or misrepresentation in relation to the Property’s details. The Promoter is not liable for the maintenance or upkeep of the Property in the future.
9) The information contained in the legal papers is accurate to the best of the Promoter’s knowledge in relation to the Property and the plan provided showing the extent of the land not included in the sale of the Property (but included in the registered title as of 12th February 2018) is accurate to the best of the Promoter’s knowledge.
10) The winner acknowledges that in the event of entitlement to a rebate from HMRC arising in relation to the payment of such SDLT (for example, if another dwelling is sold by the winner within 3 years of the Transfer):
a) the winner shall forthwith notify the Promoter of the circumstances giving rise to such entitlement and shall provide all assistance reasonably required by the Promoter in order to claim such rebate;
b) the winner shall not be entitled to receive such rebate of SDLT or any portion of it;
c) the Promoter shall be solely entitled to receive any such rebate of SDLT; and
d) if any such rebate of SDLT is paid by HMRC to the winner, the winner agrees immediately to transfer such monies received from HMRC to the Promoter.
11) If any dispute arises with HMRC regarding liability for SDLT in respect of the Transfer, the winner shall provide all assistance reasonably required by the Promoter for the purpose of challenging HMRC's determination of such liability (including the making of any appeal against such determination) subject to the Promoter indemnifying the winner in respect of all related costs.
12) The prize may only be redeemed by the winner himself/herself. The winner will be responsible for paying any other taxes in connection with the Property or Cash Alternative.
C) GENERAL CONDITIONS
1) The Terms and Conditions shall not create or be construed as creating any form of agency, joint venture or partnership between the Promoter and the Entrants. The Terms and Conditions shall not create or be construed as creating a contract for the sale of any land or property.
2) Each Entrant shall retain a copy of the Conditions for their records.
3) The promoter’s decision in respect of all matters to do with the Competition will be final and no correspondence will be entered into (other than as expressly set out in these Terms and Conditions).
4) By participating in the Competition the Entrants agree that (to the fullest extent permitted by law) the Promoter, their agents and advisors, and website administrator will have no liability for and shall be held harmless against any liability for injuries, losses and damages of any kind to persons or property resulting from the use or mis-use of the Property, entry, or participation in this Competition including access to and use of websites connected to the Competition or any claims based on publicity rights, defamation or invasion of privacy, except for any liability which cannot be excluded by law. Nothing shall exclude the Promoter’s liability for death or personal injury resulting from the Promoter’s negligence or for fraud.
5) The Promoter shall own all copyright and any other intellectual property rights in the website, Competition, the Question and any Entry submitted. For the avoidance of doubt, Entrants are not permitted to copy the Question or publish the Question or their answers without the consent of the Promoter (not to be unreasonably withheld).
6) If any provision of these Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this agreement, and the validity and enforceability of the other provisions of this agreement shall not be affected. If a provision of these Conditions (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
7) The Competition and these Terms and Conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
Promoter’s Contact Details:
Contact Address: Roselands, 3 Water Lane, Pill, Bristol, North Somerset, BS20 0EQ
Web: https://www.winmyhouse.online/ / https://www.enterwinmyhouse.online
Tel: 0117 2050882