IMPORTANT NOTICE: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM BEFORE CLICKING TO ACCEPT AND ENTER THE PRIZE DRAW.
TERMS & CONDITIONS
- THE PRIZE DRAW
1.1 The Promoter (as defined in clause 2.1) via its website at www.houseprizecompetition.com (the “Website”) is offering entrants the chance to win either the Prize (as defined in clause 9.1) or, in the event that the total sums received as entry fees do not reach the Target Amount (as defined in clause 3.1), the Substitute Cash Prize (as defined in clause 9.7).
1.2 To have a chance to win either the Prize or the Substitute Cash Prize entrants must take part in the prize draw promoted on the Website (the “Prize Draw”).
1.3 By submitting an entry into the Prize Draw and ticking the box to accept these terms and conditions where indicated, you agree to be bound by these terms and conditions.
- THE PROMOTER
2.1 Bromotion Limited is a limited company (with registered company number 11206016) whose registered office address is at Burton Hall, Burton, Tarporley, United Kingdom CW6 0ER (the “Promoter”).
2.2 For the avoidance of doubt, the Promoter agrees to change its registered office address as soon as practicable following the Prize Draw (in the event that the Prize has not been substituted for the Substitute Cash Prize in accordance with clause 3.2).
- TARGET AMOUNT
3.1 Should the total revenue from the Fees (as defined in clause 5.1.6) in relation to the Prize Draw reach £2,500,000 (two million five hundred thousand pounds) (the “Target Amount”) prior to the Closing Date, the Winner (as defined in clause 8.1) shall win the Prize. For the avoidance of doubt, the Target Amount shall not include any transaction fees in relation to the transfer of Fees into the Promoter Account (as defined in 5.1.6).
3.2 In the event the Target Amount is not reached by the Closing the Prize may, at the sole discretion of the Promoter, be substituted for the Substitute Cash Prize and the Winner shall win the Substitute Cash Prize. If the Promoter does not choose to substitute the Prize for the Substitute Cash Prize in accordance with this clause 3.2, the Winner shall win the Prize.
- DURATION OF THE PRIZE DRAW
4.1 The Prize Draw shall open for entries on 30 March 2018 and, subject to clause 4.2, shall run until the earlier of (i) when the Target Amount has been achieved (the “Target Date”) or (ii) 11.59pm on 2 April 2019 (the “Closing Date“).
4.2 The Promoter reserves the right to change the Closing Date in the event of exceptional circumstances beyond its control which materially affect its ability to operate the Prize Draw provided any extension reasonably reflects the relevant period of disruption. In the event that the Closing Date is changed, the Promoter shall announce the updated Closing Date via a written notification published on the Website. You agree that such an announcement shall be deemed effective notice to you.
4.3 The Prize Draw shall end automatically on the Target Date as soon as the Target Amount has been reached and no further entries will be accepted via the Website (or otherwise) after that point.
4.4 All entries to the Prize Draw (including all applicable Fees) must be received by the Promoter by no later than 11.59pm on the Closing Date. If your entry and/or Fee is received after the Closing Date, that entry will be automatically disqualified. In such cases the Promoter shall use its reasonable endeavours to refund the relevant Fee(s) to you.
- ENTERING THE PRIZE DRAW
5.1 To enter the Prize Draw, you must visit the section of the Website marked ‘Enter Competition’, and complete the following steps:
5.1.1 select how many entries you would like to purchase;
5.1.2 fill out your details where indicated;
5.1.3 confirm you are over 18 years of age;
5.1.4 complete the spot the ball challenge by following the instructions on screen, and in accordance with clause 6 below) (“Spot The Ball Challenge”);
5.1.5 click where indicated to confirm you accept these terms and conditions; and
5.1.6 click to ‘proceed to payment’ and transfer your entry fee of £5 (five pounds sterling) per entry (the “Fee”) plus a non-refundable transaction fee of 5% per transaction into the online merchant account as nominated by the Promoter from time to time (the “Promoter Account”).
5.2 Your entry will be complete upon the transfer in cleared funds of the Fee into the Promoter Account.
5.3 You are permitted to enter the Prize Draw multiple times subject to paying a Fee for each entry.
5.4 The correct answer to the Spot The Ball Challenge shall be decided by an independent panel of three judges appointed by the Promoter (the “Panel”). The Panel will apply their skill and experience (in playing and watching polo matches) to decide the most likely location of a ball within the photograph used for the Spot The Ball Challenge. For the purposes of the Spot The Ball Challenge, the grid square containing the location selected by the Panel shall be the correct answer (the “Correct Answer”).
5.5 The Panel’s decision is final and binding. Neither the Panel nor the Promoter shall enter into any correspondence in respect of the Correct Answer. The Correct Answer will not be published or released until after the Closing Date (or Target Date, if applicable). A list of the names of the judges making up the Panel will be published on the Website after the Closing Date (or Target Date, as the case may be) for a period of [28 days].
5.6 In the event that you selected the Correct Answer, your entry (or entries, as applicable) which contain the Correct Answer will be added to all of the other entries that also selected the Correct Answer (provided you have transferred in cleared funds the applicable Fee(s) into the Promoter Account).
5.7 The Promoter will not accept any responsibility whatsoever for entries that are prevented or delayed for any reason including (without limitation) equipment failure, technical malfunction on the Website, systems, satellite, network, server, computer hardware or software failure of any kind.
- SPOT THE BALL CHALLENGE
6.1 The Spot The Ball Challenge shall operate as follows:
6.1.1 you will be shown a previously unpublished sporting photograph (relating to a polo match) which does not contain a ball;
6.1.2 using all of the information contained within the photograph, you must use your skill and judgment to try to select the Correct Answer (which, as more fully set out at clause 5.4, is the grid square that according to the Panel would contain the most likely location of the ball if one had been present in the photograph);
6.1.3 you should then answer the Spot The Ball Challenge (by selecting a column and a row) to indicate the grid square you have selected.
7.1 Subject to the restrictions set out in the remainder of this clause 7, the Prize Draw is open to everyone aged 18 years or over worldwide.
7.2 The following are not eligible to enter the Prize Draw:
7.2.1 any employees, officers or shareholders of the Promoter;
7.2.2 any members of the immediate family or households of anyone included at 7.2.1;
7.2.3 members of the Panel and members of their immediate families or households; and
7.2.4 any other person connected with the creation or administration of the Prize Draw.
7.3 In entering the Prize Draw, you confirm that you are eligible to do so and eligible to claim the Prize. The Promoter will not be held liable if you are found to be ineligible to enter the Prize Draw, or if you are found to have entered the Prize Draw in breach of any applicable law (in your country of residence or otherwise).
7.4 The Promoter reserves the right to request proof of your eligibility at any point during or after the Prize Draw and may cancel your entry if it discovers you are ineligible to enter or if it has reasonable grounds to suspect that you have acted in breach of (or have otherwise not complied with) these terms and conditions.
- THE WINNER
8.1 The winner of the Prize Draw (the “Winner”) will be randomly selected from all entries that selected the Correct Answer by an impartial adjudicator in the presence of a legal adviser (the “Draw”). The Winner shall be confirmed by the Promoter.
8.2 The Promoter’s decision in respect of the Winner shall be final and the Promoter will not enter into any correspondence in respect of such decision.
8.3 The Winner will be announced by the Promoter within 21 days of the Closing Date (or Target Date, as the case may be) (the “Announcement Date”). The Winner will be notified directly by the Promoter as soon as practicable after the Announcement Date (using the contact details provided on entry).
8.4 The Winner will be required to send to the Promoter a certified copy of his or her passport or driving licence and any other documentation that the Promoter may reasonably request to verify the Winner’s identity.
8.5 The Promoter accepts no responsibility if it is unable to contact the Winner because the Winner has provided incorrect contact details or because the Winner is not contactable. If the Winner has not been successfully contacted within 21 days of the Announcement Date, or does not promptly provide the requested documentation in accordance with clause 8.4, the Promoter reserves the right to choose another Winner in accordance with clause 8.1 and the process set out in this clause 8 shall be repeated.
8.6 If the Winner indicates in writing that they do not intend to accept the Prize for any reason, the Promoter may, at its absolute discretion, select another entrant as the Winner in accordance with clause 8.1 and, if such a selection is made, the process set out in this clause 8 shall be repeated.
- THE PRIZE
9.1 The Winner shall win, subject to clause 3.2:
9.1.1 £50,000 in cash;
9.1.2 the house, buildings, land and specified contents (with the Promoter to provide a full list of such contents on request) at Burton Hall, Burton, Taporley, CW6 0ER (the “Property”);
9.1.3 the Winner’s solicitors’ fees incurred in connection with the transfer of the Property to the Winner; and
9.1.4 the standard rate of UK stamp duty land tax payable in connection with the transfer of the Property to the Winner calculated on the basis that the Property shall be the Winner’s main residence and that the Winner does not already own a property in the UK or abroad (for the avoidance of doubt, the Winner shall be liable to pay any uplift in the amount of stamp duty land tax payable due to the ‘additional home’ rate being applicable to the transfer),
(9.1.1 to 9.1.4 taken together, the “Prize”).
9.2 The Prize is not negotiable.
9.3 Full details of the Property are set out on the Website.
9.4 The Property will be ‘sold as seen’ by the Promoter to the Winner and the transfer shall be subject to normal English law principles which apply in respect of the sale and purchase of residential property.
9.5 Save as expressly set out on the Website, furniture and other contents shall not be included in the transfer of the Property. Any fixtures and fittings that are included in the transfer of the Property shall be ‘sold as seen’.
9.6 The Promoter shall not be liable for any fees, expenses, tax liabilities (including but not limited to surveyors fees, additional legal fees, tax adviser’s fees and removal company fees) other than those expressly set out in clause 9.1. It is expected that the Winner shall seek his/her own professional advice in respect of the transfer of the Property.
9.7 In accordance with clause 3.2, the Prize may be substituted with a cash prize equal to the total of the Fees received by the Promoter during the Prize Draw less transaction fees (in relation to the Promoter’s Account) and the Promoter’s reasonable administrative costs (which shall not exceed 25% of the total of the Fees received) (“Substitute Cash Prize”). If such a substitution has taken place, the Winner of the Substitute Cash Prize shall be entitled, on his or her reasonable request, to view such records relating to the Promoter Account as may reasonably be required to verify that the Substitute Cash Prize complies with this clause 9.7.
9.8 The Winner shall not be entitled to select the Substitute Cash Prize as an alternative to the Prize, other than at the sole discretion of the Promoter and, save where the Substitute Cash Prize is offered by the Promoter, there shall be no cash alternative for the Prize.
9.9 You acknowledge and accept that, in the event that you win the Prize Draw, there will be a delay between the date on which you are notified that you are the Winner and the date on which the Prize (or the Substitute Cash Prize, as applicable) will be available to you. This will be dependent on the period of time it takes to verify your identity (in accordance with clause 8.4) and then complete the transfer of the Property (or the Substitute Cash Prize).
9.10 In the event that you win the Prize and then fail to instruct solicitors within 30 days of the Announcement Date, the Promoter reserves the right to select another Winner in accordance with clause 8.1. The Promoter shall have no liability to you whatsoever in the event that you are unable to instruct solicitors or for any other reason are unable to take up the Prize.
9.11 In the event that you win the Prize and the transfer of the Property is not completed within 9 months of the Announcement Date (through no fault of the Promoter), the Promoter reserves the right to terminate the transfer process without any liability whatsoever to the Winner.
- DISCLAIMER AND LIMITATION OF LIABILITY
10.1 Other than any statements, representations, assurances or warranties expressly set out in these terms and conditions and on the Website, you can not rely on, and shall have no remedies for, any statement, representation, assurance or warranty (whether made innocently or negligently) made by or on behalf of the Promoter in respect of the Property.
10.2 Other than the fees and costs set out in clause 9.1 the Promoter shall have no liability whatsoever in respect of any other costs or expenses incurred by the Winner, whether in respect of the transfer of the Property or in relation to the Substitute Cash Prize.
10.3 The Promoter will not in any circumstances be responsible or liable for any loss, damage, personal injury or death occurring as a result of taking up the Prize or the Substitute Cash Prize, except where it is caused directly by the negligence of the Promoter or its employees or agents. Your statutory rights are not affected.
10.4 Notwithstanding the above, and to the fullest extent permitted by law, except where you have been selected as the Winner (and, then, provided you have not been unable to take up the Prize or the Substitute Cash Prize in accordance with these terms and conditions) the Promoter’s total liability to you shall not exceed the return of monies transferred by you to the Promoter Account as Fee(s) in relation to the Prize Draw.
- DATA PROTECTION AND PUBLICITY
11.1 In the event that you are the Winner, you agree that the Promoter may use your name and town or county and country of residence in order to be able to publicly announce the Winner and you agree to comply with the Promoter’s reasonable requests in relation to any other reasonable and related promotional purposes.
12.1 If the Promoter has any reasonable suspicion that you may have acted in breach of these terms and conditions, the Promoter may, at its sole discretion, exclude you from participating in the Prize Draw.
12.2 The Promoter reserves its right to hold void, suspend, cancel, or amend the Prize Draw if it becomes necessary to do so due to circumstances outside its control. In such instances, the Promoter shall refund to you any Fee(s) that you have paid to enter the Prize Draw.
12.3 These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.