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Prize Competition Terms & Conditions

By participating in the Competition, all Entrants will be deemed to have accepted and be bound by these terms and conditions. Please retain a copy for your information.

Definitions

In these terms and conditions:

"Christmas Crossword"

means the crossword that is available to complete on www.winamansionforchristmas.com and must be correctly completed (in substantial accordance with the answers held by the Promoter) in order to obtain the opportunity to enter the Competition and win a Prize;

"Closing Date"

has the meaning given to it in clause 3.7;

"Competition"

means the "Win a Mansion for Christmas" Competition to which these terms and conditions apply;

"Charity"

Scotland Yard Adventure Centre (known as "The Yard") a registered Scottish Charity SC002538 with the registered company number SC 101671;

"Entrant"

means any person (excluding a limited company, partnership or limited liability partnership) who enters the Competition through the Website in accordance with these terms and conditions;

"Entry Fee"

means the fee of £25.00;

"Further Prize"

has the meaning given to it in clause 5.12;

"Main Prize"

has the meaning given to it in clause 5;

"Prize(s)"

means the prizes which are available to be won in the Competition, being the Main Prize and each of the three Further Prizes;

"Promoter"

has the meaning given to it in clause 1;

"Property"

has the meaning given to it in clause 5.3;

"Start Date"

means 14:00 GMT on 6th October 2017;

"Website"

means the website operated by the Promoter in relation to the Competition at www.winamansionforchristmas.com; and

"Winner(s)"

means the winner of a Prize.


1.
The Promoter

The promoter is Mrs Donna Purdie Pirie of Johnston Lodge, Laurencekirk, Aberdeenshire, AB30 1HL (the "Promoter").

2.
The Competition
2.1.

The Competition is operated by the Promoter.

2.2.

Each Entrant can enter the Competition in accordance with clause 3. Entrants must meet the Eligibility criteria set out in clause 4. The selection and announcement of the Winners will be as per clauses 7 and 8.

3.
How To Enter
3.1.

In order to enter the Competition, each Entrant must:

3.1.1. visit the Website;

3.1.2. successfully complete the Christmas Crossword in full; and

3.1.3. pay the Entry Fee. The Entry Fee is payable using the "Order Now" button on the entry confirmation page of the Website.

3.2.

Payment will be processed by the Promoter’s payment gateway provider, Eventbrite, Inc (“Eventbrite”). Eventbrite is not a sponsor or administrator of, and is not in any way affiliated with, the Competition. Eventbrite will not be held liable for any claim, loss or damage arising in connection with the operation of or promotion of the Competition. Eventbrite will process the Entrant’s payment in accordance with Eventbrite’s terms and conditions of service and privacy policy.

3.3.

To conclude an entry into the Competition each Entrant will be asked to provide their contact details (including postal and e-mail addresses, a telephone number and age).

3.4.

An entry will only be considered to be validly submitted upon the reference number of the entry matching the entry code on the payment form.

3.5.

By fully completing the Christmas Crossword, the Entrant recognises that they must exercise skill and judgement to give the correct answers.

3.6.

The Competition starts on the Start Date and remains open until the Closing Date.

3.7.

All Competition entries must be received by the Promoter via the Website by no later than the Closing Date. All Competition entries received after the Closing Date are automatically disqualified. The Promoter reserves the right to extend the Closing Date by up to 6 months at its sole discretion. Any extension to the Closing Date will be communicated via the Website.

3.8.

Unless the Promoter chooses to extend the Closing Date in accordance with clause 3.7, the Competition will close on the earlier of:

3.7.1. 23:59GMT on 3rd December 2017;

3.7.2. when the maximum number of fully paid entries, being 150,000 entries, has been reached,

(the "Closing Date").

3.9.

Entries which are incomplete, misspelt, inaudible, or incomprehensible are void and will not be entered into this Competition. Only completed entries will be entered into the Competition.

3.10.

English is the only language in which the Entrant may submit their entry.

3.11.

By entering into the Competition, each Entrant acknowledges that their payment of the Entry Fee to complete the Christmas Crossword and therefore enter the Competition, does not guarantee in any way that they will win a Prize.

3.12.

The Promoter will not accept:

3.12.1. responsibility for Competition entries that are incomplete, fraudulent, received after the Closing Date, lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind including the Website; or

3.12.2. proof of transmission, as proof of receipt of entry to the Competition.

4.
Eligibility
4.1.

The Competition is open to all residents in England, Wales and Scotland, aged 18 years or over on the Start Date, except to:

4.1.1. employees of the Promoter;

4.1.2. employees of agents or suppliers of the Promoter, who are professionally connected with the Competition or its administration; or

4.1.3. members of the immediate families or households of (a) and (b) above.

4.2.

In entering the Competition, each Entrant confirms that they are eligible to do so and eligible to claim any Prize they may win. The Promoter may require an Entrant to provide proof that they are eligible to enter the Competition.

4.3.

The Promoter will not accept Competition entries that:

4.3.1. are automatically generated by computer;

4.3.2. are bulk entries;

4.3.3. are completed by third parties, agents or organised groups;

4.3.4. have been altered, reconstructed, forged or tampered with; or

4.3.5. are incomplete;

4.3.6. are submitted behalf of another person; and/or

4.3.7. consist of joint submissions.

4.4.

An Entrant may enter the Competition multiple times.

4.5.

The Promoter reserves all rights to disqualify an Entrant if the Entrant's conduct is contrary to the spirit or intention of the Competition. Any person attempting to circumvent the entry process will be immediately disqualified.

4.6.

All entries to the Competition are final and no refunds of Entry Fees shall be made at any time or for any reason except in the case of entries submitted after the Closing Date (in accordance with clause 3.5) or the Competition is cancelled (in accordance with clause 10).

5.
Prizes
5.1.

Prizes are not negotiable or transferable and exclude any additional costs not mentioned in this clause 5.

5.2.

The Winners are responsible for all applicable taxes and expenses not specified in the description of the Prizes in this clause 5.

Main Prize
5.3.

The Main Prize consists of the property at Johnston Lodge, Laurencekirk, Aberdeenshire AB30 1HL (the "Property").

5.4.

The Property will be transferred by the Promoter to the Winner of the Main Prize free from all mortgages, charges and other encumbrances at the Promoter's expense and including all fees (including solicitors’ conveyancing fees up to a maximum of £2000.00+VAT) charges and taxes (including all Land and Buildings, Transaction Tax).

5.5.

The Property will be furnished (furnishings included to be at the discretion of the Promoter).

5.6.

To allow for the on-going running of the Property, the Promoter will also pay for the following bills for a period of 48 months from the completion of the transfer of the Property to the Main Prize Winner, subject to a maximum combined value of £5,500.00 per month ("Maximum Costs") electricity, heating fuel, gas, council tax, broadband, Sky TV, alarm system, buildings and contents insurance, housekeeper and grounds men to maintain the land ("Utility Costs").

5.7.

It is the responsibility of the Winner to ensure that the Utility Costs are managed to ensure that the Utility Costs do not exceed the Maximum Costs.

5.8.

In order for the Promoter to make any payments, bills and invoices for the Utility Costs must be submitted to the lawyer nominated by the Promoter.

5.9.

There will be no cash alternative in relation to the payment of the Utility Costs and the Promoter shall not be liable for the direct payment of any of these bills. The promoter will reimburse the winner on a monthly basis upon the production of valid bills/proof of payment.

5.10.

The Winner shall ensure that the Property is registered at the Registers of Scotland in the Winner’s name. The Winner will be required to sign a transfer deed to transfer the Property into the Winner’s name within 28 days of transfer of the Property.

5.11.

The Property has building works related to a retrospective planning permission that will be completed before 31 March 2018 to the Property being transferred to the Winner.

Further Prizes
5.12.

There are 3 (three) further cash prizes, of £10,000.00 (ten thousand GBP) each, to be won in addition to the Main Prize.

6.
Maximum Number Of Entries Not Achieved
6.1.

If the number of fully paid entries to the Competition at the Closing Date is less than 150,000 fully paid entries, the Competition will close and the total proceeds of the Competition Entry Fees received by the Promoter will, at the sole discretion of the Promoter:

6.1.1 be deemed sufficient to award the Property as the Main Prize; or

6.1.2. after the payment to the Charity and the Further Prizes have been paid, the remaining funds will be allocated as a cash Prize Fund (as detailed below) to the Main Prize Winner instead of the Property.

6.2.

If the Prize Fund is awarded instead of the Property, the Promoter will be entitled to retain from the proceeds of the Entry Fees: (i) 5% of the Entry Fees to cover administration and marketing expenditure; (ii) 20% of the Entry Fees to make the payment to the Charity in accordance with clause 15; and (iii) the amounts required to make the Further Prize payments. The remaining balance following deduction of the 5%, the payment to the Charity and the Further Prizes, is the total "Prize Fund". The Prize Fund Winner will be informed that they have won the Prize Fund via email within 14 working days of the Closing Date, using the email address provided with the Competition entry. The Promoter will not amend any contact information once a Competition entry has been submitted.

7.
Selection Of The Winner
7.1.

The process to determine each Winner will begin on the day after the Closing Date and the final decision will be made 7 days after that date.

7.2.

The Main Prize Winner of the Competition will be the first Entrant selected at random by an independent judge out of all entries correctly submitted in accordance with these terms and conditions.

7.3.

The Further Prize Winners of the Competition will be the next 3 (three) Entrants selected at random by an independent judge out of all entries correctly submitted in accordance with these terms and conditions.

7.4.

The name of the judge is available on request.

7.5.

Entrants acknowledge and agree that, if selected as a Winner, the Promoter may use their name and county of residence to announce the Prizes and for any other reasonable and related promotional purposes. The Winners further agree to participate in any reasonable publicity required by the Promoter.

8.
Winner Announcement
8.1.

The Main Prize Winner will be informed via email within 14 working days of the Closing Date, using the email address provided with their Competition entry. The Promoter will not amend any contact information once the Competition entry form has been submitted.

8.2.

Each Winner of the 3 Further Prizes will be informed via email, within 14 working days of the Closing Date, using the email addresses provided with their Competition entries. The Promoter will not amend any contact information once the Competition entry form has been submitted.

8.3.

The decision of the Promoter is final and no correspondence or discussion will be entered into.

8.4.

The Promoter will send details of the name and county of each of the Winners to anyone who sends a request in writing within three months after the Closing Date requesting details of the Winners and who encloses a self-addressed envelope to the Promoter at the address given above.

9.
Claiming The Prize
9.1.

Each Winner must accept their Prize via e-mail within 14 days of being notified of their win.

9.2.

The Promoter will make all reasonable efforts to contact the Winners. If a Winner cannot be contacted, is not available or fails to claim their Prize within 14 days of being notified of their win, the Promoter reserves the right to offer the Prize to another Entrant selected from the valid entries that were received before the Closing Date.

9.3.

The Promoter does not accept any responsibility if the Winner is not able to claim or take up a Prize.

9.4.

A Prize may not be claimed by a third party on a Winner's behalf.

9.5.

Each Winner will be required to forward a copy of their passport or driving licence to the Promoter to prove their identity.

9.6.

Please note that the receiving of the Main Prize, as it is the transfer of the property, will take place by 28 April 2018 (subject to the legal time constraints to transfer the property).

10.
Cancellation Of Competition
10.1.

The Promoter reserves the right to cancel the Competition at any time and for any reason whatsoever either before or after tickets have been sold.

10.2.

If the Competition is cancelled, the Promoter will return the Entry Fees to each Entrant (by the same means that the funds were received) and in one combined payment where several entries have been made by an Entrant.

10.3.

Where the Entry Fee is returned, the Promoter shall have no further liability to the Entrant or to any other person.

11.
Limitation Of Liability
11.1.

Except for any legal responsibility that the Promoter cannot exclude in law (such as for death or personal injury), the Promoter is not legally responsible for:

11.1.1. losses that:

(a) were not foreseeable to you and us when the contract was formed; or

(b) that were not caused by any breach on the Promoter's part;

(c) are suffered or sustained by any person or property as a result of any act or omission of the Promoter, nor will their servants or their agents in developing, planning and administrating the Competition, distributing the Prize to the Winner or following the distribution of the Prizes.

11.2.

The Promoter accepts no liability for errors or omissions contained within the Prize details, description or specification or any part of the Website. It is the responsibility of each Entrant (and in particular the Winners) to satisfy him/herself as to the accuracy of any such detail and/or content of the Website.

12.
Ownership of Entries and Intellectual Property Rights
12.1.

All Competition entries and any accompanying materials submitted to the Promoter will become the property of the Promoter on receipt and will not be returned.

12.2.

By submitting your Competition entry and any accompanying material, you agree to:

12.2.1. assign to the Promoter all your intellectual property rights with full title guarantee; and

12.2.2. waive all moral rights, in and to your Competition entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.

12.3.

You agree that the Promoter may, but is not required to, make your entry available on its Website (www.winamansionforchristmas.com) and any other media, whether now known or invented in the future, and in connection with any publicity of the Competition. You agree to grant the Promoter a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the Competition entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the Competition entry and any accompanying materials for such purposes.

13.
Handling of Personal Data
13.1.

Personal data captured during the course of the Competition will be handled in accordance with the Promoter’s Privacy Policy, as found on the Website, and the local Data Protection Laws and Regulations in force at the time of the Competition.

13.2.

You can request that the Promoter modifies, clarifies or removes your personal data captured during the course of the Competition by writing to the Promoter at the address shown in clause 1.

14.
Data Protection
14.1.

By entering this Competition, each Entrant irrevocably agrees that the Promoter may use their name, entry and county of residence in any related publicity or advertising without any payment to the Entrant.

14.2.

Each Winner agrees to allow the Promoter to display his or her name on the Website in accordance with the Privacy Policy. The name and county of residence of each Winner will be posted on the Website for the purpose of announcing the Winner(s) of the Prizes within 24 hours of the Winner(s) being determined.

14.3.

By entering the Competition, each Entrant irrevocably agrees that any personal information provided by the Entrant to the Promoter with the Competition entry may be held and used only by the Promoter or its agents and suppliers to administer the Competition.

15.
Charitable Donation
15.1.

The Promoter has entered into a formal agreement with the Charity pursuant to which the Promotor will donate £5.00 (five GBP) (20%) of each Entry Fee fully paid to the Promoter by an Entrant, in order to assist the Charity's charitable aims.

15.2.

The total contribution will be calculated after the Closing Date. The Promoter will send details of the final total contributions paid to the Charity to anyone who sends a request in writing after the Closing Date requesting this information and who encloses a self-addressed envelope to the Promoter at the address given above.

15.3.

If the Competition is cancelled in accordance with these terms and conditions, and as a consequence Entry Fees are returned to Entrants, the Promoter will not be obliged to make any payment to the Charity under this clause 15.

16.
General
16.1.

The Promoter does not guarantee continuous uninterrupted or secure access to the Website. Numerous factors outside the control of the Promoter may interfere with the operation of the Website. No responsibility will be accepted for any difficulties in entering or any entries delayed or corrupted.

16.2.

If any of clauses of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these terms and conditions and the remaining clauses shall survive and remain in full force and effect.

16.3.

These terms and conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or Competition materials.

16.4.

Each Winner is solely responsible for reporting and accounting for any taxes applicable under relevant laws for any Prize(s) received from the Promoter, save as specified in description of the Prizes.

16.5.

If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude an Entrant from participating in the Competition.

16.6.

The Promoter reserves the right to hold void, suspend, cancel, or amend the Competition where it becomes necessary to do so.

16.7.

All Entry Fees will be maintained in a separate bank account by the Promoter until the Winner of the Competition has been determined.

16.8.

The Promoter makes no representation or warranty as to the valuation of the Property, 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 Property before entering the Competition.

16.9.

Nothing in these terms and conditions shall limit any rights and remedies available to an Entrant under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

16.10.

The Promoter will be in no way liable for any failure or inability to make contact with any Entrants due to any errors, omissions in the contact details provided by the Entrants.

16.11.

These terms and conditions shall be governed by and construed in accordance with the laws of England and the Promoter and Entrants recognise that any disputes shall be subject to the exclusive jurisdiction of the English Courts. 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.

 

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