TERMS & CONDITIONS
Updated on 06/03/2018
OPENING DATE: 01/12/2017
CLOSING DATE: 31/05/2018
The Promoter reserves the right to extend the Closing Date if not all 45,000 tickets have sold.
CONTEST: The Competition operated by the Promoter to which these Terms and Conditions Apply, wherein the Entrants submit entries via the website www.winapropertycompetition.com to win the Prize.
ENTRANT: Any person (not including a limited company, partnership or limited liability partnership) who enters the Competition through the Website (www.winapropertycompetition.com) to win the Prize.
ENTRY: A Correct Answer to the Qualifying Question by the Entrant, to obtain an opportunity to win the Prize.
PRIZE: The property known as Cronk ne Fessag, Kirk Michael Isle of Man. IM6 1BD
PROMOTER: Ms Anne Lumley Cronk ne Fessag, Kirk Michael Isle of Man. IM6 1BD
QUALIFYING QUESTION: The Qualifying Question all Entrants without exception must answer correctly and independently in accordance with the answer held by the Promoters, to have an opportunity to win the Prize.
WINNER: The Entrant chosen at random on or after the Closing Date who will receive the Prize in accordance with these Terms and Conditions.
The Promoter reserves the right to amend the Terms and Conditions if deemed fundamentally necessary at any time.
These competition rules shall not create any form of contract, joint venture or other agreement between any Entrant and the Promoters.
Each entrant should retain a copy of these Terms and Conditions.
3. AGE RESTRICTIONS
All entrants shall be 18 years of age or over at the date of entry.
4. CLOSING DATE
The Closing Date of 31/05/2018
When the Closing Date is reached, the Competition will close.
If, by the Closing Date of 31/05/2018 fewer than 45,000 entries have been received, the Promoter reserves the right to extend the Competition until either 45,000 entries have been received or until the promoter is satisfied that enough entries have been received to warrant the close of the competition.
Every reasonable effort will be made to aggressively market the Competition to avoid delays to the Closing Date.
Upon the final closing date, the Competition will close and the proceeds either be deemed sufficient to award the house as a prize at the discretion of the Promoter, or the remaining funds will be allocated as a cash prize to a Winner after the deduction of audited expenses and marketing fees.
After the Winner is announced, a grace period of a maximum of 30 day’s is required by the promoter to vacate the property and allow time for any legal matters to be completed.
The Promoter and the Winner will reach a private agreement on the completion and handover date.
Shortly after the Closing Date, the Winner will need to forward a copy of their passport, and/or driving licence, or national identity papers if resident outside the U.K., as well as utility bills and a copy bank statement to the Promoter’ solicitor (not to the Promoter) to prove their identity and to show their Entry was made using a valid debit/credit card or bank account belonging to the Entrant or used with the express authorisation of the cardholder or account holder
The Winner may be required to offer additional means of identification and verification to the Promoter’s solicitor for Anti-Money Laundering Regulations during the transfer of the property to the Winner.
Each Entrant agrees that the usual requirement under the Consumer Protection (Distance Selling) Regulations 2000 for goods and services ordered online, does not apply
If the Winner cannot be contacted by the Promoter within 28 days of being notified of their status as the Winner by e-mail, telephone and mail to the contact details submitted in their entry, the Promoter shall be entitled to award the Prize to an alternative Entrant selected by drawing another winning entry at random in the same method as described above (“The Alternate Winner“).
The Alternate Winner shall have 7 days from notification of their status by the Promoters to communicate their acceptance of the Prize.
The Winner will be required to sign a transfer deed to transfer the Property into the Winner’s name within ninety days of the Competition closing and the Winner being announced.
5. CONTACTING THE WINNER
Online entries will be contacted by telephone in the first instance.
The Promoter is not liable for failure to contact any Entrant due to errors, omissions or inaccuracies in the contact details provided by the Entrants or otherwise.
After 28 days, should the Promoter be unable to contact the Winner despite trying all provided means of contact, a new Winner will be selected.
6. COMPETITION CANCELLATION POLICY
The Promoter reserves the right to cancel the Competition at any time
If the Competition is cancelled, the Promoter will return the Entry Fees to each Entrant in the most convenient and expedient manner, where possible corresponding to the way in which the Entrant paid, and in one combined payment where several entries were made by any Entrant.
Fees will be returned in full upon cancellation.
Where the Entry Fee is returned, the Promoter shall have no further liability to the Entrant or any other person.
7. DECIDING ON A WINNER
The process to determine the Winner will begin the day of the Closing Date and a final decision made within 14 days of that date.
The Winner will be drawn from those who successfully answered the Qualifying Questions, using a random number generator.
All numbers allocated to entries will be entered into the Random Number Generator, and the software will produce the winning number.
The Winner will be drawn in the presence of an accountant and solicitor with no vested interest in the competition. Members of the press are welcome.
The Promoter’s decision is final and no correspondence will be entered into about the result of the Competition following the determination of the Winner.
Entrants acknowledge they will not correspond with The Promoter in a manner intended to influence the outcome of the competition, positively or negatively, in the interests of Competition fairness and transparency to other Entrants.
Any entrant considered by the Promoter to be attempting to influence the outcome will be disqualified and an explanatory letter sent to the entrant by email or post.
An Entrant found to be passing the answer to the Qualifying Question to other Entrants, shall be disqualified.
An entrant putting the Promoter under pressure to reveal the answer to the Qualifying Question shall be disqualified without refund.
9. ELIGIBILITY TO ENTER
The Competition is operated by the Promoter.
The Competition is open to all persons aged 18 or over excluding the Promoters, their family, friends, agents, employees, professional advisers or anyone else connected with the development or operation of the Website or conduct or administration of the Competition in any way.
Entries made by the Entrants to the Competition will only be valid if made via the Website.
The price of entering the Competition is £20 (GBP) per entry, payable using any payment means on the Website.
All Entries are equal.
Any person arriving at the house uninvited with a view to looking at the property or discussing the Competition with the Promoter, shall not be eligible to enter and any submitted entries shall be deemed void.
Just as the Promoter respects the privacy of Entrants, the same is asked in return.
Requesting entrants remain unknown to the promoter (i.e. that no personal friendships are encouraged) avoids other entrants’ concerns of bias.
All Entrants, must submit a completed Entry Form and answer the Qualifying Question free of discussion about the question, with the Promoter or other entrants.
Entry Forms, funds records and the Entrant database will be held available for inspection by regulatory bodies until the Competition has closed and the Prize been awarded.
11. ENTRANTS’ CONTACT DETAILS
Entrants must submit contact details as requested by the Promoter, including e-mail address and telephone number where these exist.
Entrants without an email address or telephone number are at no disadvantage in the Competition and shall be entered equally, but should offer as many means of contact as possible.
Entrants may offer the email address of a friend or relative.
In the interests of transparency, upon winning, anonymity is not possible for the Winner.
Entrants acknowledges he/she gives the right to make known his name, town and country of residence.
No other details shall be divulged to any person and all other details supplied shall be safeguarded by the Promoter.
No “spam” will be generated by the Competition; all communications will be to advise on the progress of the event.
Entrants acknowledge that should they win, they will not announce their win to the press, other media or on social media until the official Competition Facebook page has announced them as the Winner, to avoid the disappointment of other Entrants.
It is the responsibility of Entrants to ensure the upkeep of their submitted email address and phone number for the duration of the competition.
Entrants accept that their telephone number is the primary chosen mechanism for notifying the Winner, and secondly their email address.
The Winner’s email address will not be used for marketing, or given or sold to any third-party company.
The number of entries needed for the competition to be viable is 45,000.
The value of an entry is £20.
An Entrant who pays £20 by his chosen mechanism is deemed to have paid £20 irrespective of the means of payment chosen and the fees applied to that mechanism for the Promoter.
All Payment methods are treated equally in the Competition.
Entrants acknowledge the Promoter has no control over the rate of exchange applicable to overseas Entries.
13. ENTRY FEES’ SAFEKEEPING
Aside from funds utilised for administration and marketing expenses, Entry fees will be maintained in a bank account by the promoter until the winner has been determined.
14. ENTRY PROCEDURES
Entrants not entering electronically must copy out all components of the Entry Form and submit these on paper, ensuring answers to each question, including contact data.
A Completed Entry is one in which the Entrant correctly submits a completed Entry Form answering the Qualifying Question, and submits an Entry Fee in accordance with the Competition requirements and its Terms & Conditions.
Entrants acknowledge that their payment to answer the Question and enter the Competition does not guarantee they will win the Prize.
A successful Completed Entry is one in which the Entry has the correct answers to the Qualifying Question and is submitted into the prize draw.
By entering the Competition, Entrants acknowledge the affordability of the Entry Fee.
Entrants must ensure they do not contravene laws of their country of residence. The Promoter is not liable if an Entrant enters unlawfully.
Entrants and Promoters recognise that the Competition, its administration and associated activities are governed by English Law and that the County or High Courts of England have exclusive jurisdiction in the event of any dispute arising.
By entering the Competition, Entrants warrant that all information they submit is accurate, true, current and complete.
Entrants pay £20 per Entry and may submit any number of Entries on one electronic form.
The eventual number of tickets given to an Entrant shall be determined by the Entry Fee paid, where £20 = 1 Entry.
Each Entrant must submit payment and then provide appropriate payment-identifying details in their Entry Form, such that the Promoter can identify by which means payment was made.
In cases of difficulty in tying up entries with Payments, the Promoter reserves the right to request more identifying information from an Entrant.
The Promoter is not liable for loss (including economic loss) suffered to or sustained by persons or property as a result of acts or omissions of the Promoter, nor will their servants or agents in developing, planning and administering the Competition, distributing the Prize or following its distribution.
The Promoter accepts no liability for errors or omissions in 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 the Website.
The Promoter is not liable for loss suffered by an Entrant as a result of incomplete entries, failed computer communications or from use of the Website.
The Promoter does not accept responsibility for entries not received due to failures in computer systems, other malfunctions, high Internet traffic, hardware failure, software failure, server faults or other reasons.
16. NO WARRANTIES
The Promoter does not in any way make a representation or guarantee the value of the Prize, its structural or cosmetic condition or future saleability.
Entrants acknowledge the Promoter does not guarantee the rental income that can be earned from letting out the property known as the Prize.
Entrants acknowledge that the Promoter does not offer any warranty as to the cost of future repairs or outgoings incurred by owning the property.
Payments are accepted in any currency.
Entries must be accompanied by an identifiable payment of £20 per entry.
Entrants should ensure payments can be reconciled to the Entry Form, by completing the Form in a manner to identify the payment.
The Entrants and Promoter recognise the Promoter 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 solely to administer the Website and conduct the Competition.
Under no circumstances will the Promoter or their agents give, sell or otherwise make available any entrant’s personal data to any other body unless for regulatory reasons, as cited below.
Data will never be used for marketing purposes by the Promoter, their agents or any other person.
Every effort is made to keep entrants’ data secure.
It is held on a hard drive in the Promoter’s possession and is given to no other person or agent.
The Promoters may disclose this information to relevant, regulatory third parties for the purposes of the prevention of fraud, money laundering, legal or financial or regulatory reasons.
The Promoter will contact the Winner for no reason other than in the pursuit of the successful Competition completion or the award and publicity of the Prize or secondary/interim Prizes.
Any person arriving at the house uninvited shall not be eligible to enter and any submitted entries shall be deemed void.
19. THE PRIZE
The purpose of the Contest is to win the Prize, the Property known as Cronk ne Fessag, Kirk Michael, Isle of Man IM6 1BD.
Further details in relation to the Promoter’s title to the Prize can be found on the Website.
The Promoter is not responsible or liable for the valuation of the Prize and makes no representation or warranty in respect of the value accuracy of any component of the Prize, nor of the whole Prize.
The Prize will be transferred by the Promoter to the Winner of the Contest free from all mortgages, transfer charges and other encumbrances, at the Promoter’s expense and including all fees, charges and including legal fees.
The Winner shall ensure the Prize is registered at the Isle of Man Land Registry in the Winner’s name.
To make the house prize viable, 45,000 entries at the sum of £20 per entry need to be sold by 31/05/2018.
If fewer than 45,000 tickets have been sold by the Closing Date but the Promoter decides to award the house anyway, the property known as Cronk ne Fessag, Kirk Michael, Isle of Man constitutes the whole Prize.
If fewer than 45,000 tickets have been sold and there is insufficient funding to award the prize, the accounts will be audited, the expenses–primarily advertising–will be subtracted and the balance offered to the winner as a cash prize.
The second and third prizes will only be offered if the competition for the first prize completes successfully.
The Promoter’s decision is final.
20. RESULTS PROMOTIONS
The full name and town of residence of the Winners will be posted for the purposes of announcing a Winner within 24 hours of the Winner being determined.
The age or other identifying features of the Winner will not be stated by the Promoter or her appointed agents unless with the prior permission of the Winner.
21. QUALIFYING QUESTION
A completed Entry Form is only a successful entry if the Qualifying Question is answered correctly.
The Entrant must exercise skill and judgement to give the correct Answer; incorrect entries will not have the chance to win.
An Entrant found to be sharing the answer with other Entrants, requesting the answer from other Entrants, or putting the Promoter under duress to provide the answer, shall be disqualified.
No refunds will be given for any reason other than a)for entries received after the competition has closed, or, b) if the Promoter decides to cancel the competition.
23. VOID ENTRIES
An entry shall be declared void, if the entrant 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, or (f) attempting to influence the Promoter in the lawful generation of a random Winner.
Blank or insufficiently completed Entry Forms will result in the Entry being deemed void.
An Entry will be void if the Qualifying Question is answered incorrectly or not answered at all.
An Entry will be void if, in the Promoter’s opinion, an entrant attempts to sway the selection of the Winner by any form of approach to the Promoter.
Entries become invalid if, in the Promoter’s opinion, Entrants deliberately give the answer to the Qualifying Question to other entrants or seek to extract the correct answer from other Entrants or from the Promoter.
It is the responsibility of Entrants to individually research the answer to the Qualifying Question as a legal requirement under English law. For clarification, refer to the Gambling Commission.
Certain entrants, predominantly those living in Isle of Man, may be allowed to participate in the competition but are requested to submit their entries under the identities of persons not known to the Promoter.
These steps are needed to protect the Competition from accusations of bias, were someone in the local area to win.
The Promoter will render void any Entry that is hand-delivered to the property or handed in person to the Promoter, for failing to follow the Terms & Conditions.
All Entrants should submit Entries in the same ways, to avoid any Entrants’ concerns over impartiality and fairness.
Any worries about these Terms & Conditions, or anything that is unclear?
Then please feel free to contact the Promoter via email on email@example.com.