TERMS AND CONDITIONS
1. INTRODUCTION
These Terms and Conditions ("Terms and Conditions") apply to the Competition (capitalised terms are defined in Clause 2 below). Please read these Terms and Conditions carefully before entering the Competition. You should understand that by entering the Competition, you agree to be bound by these Terms and Conditions.
2. DEFINITIONS:
Unless the context clearly indicates otherwise, the following words and terms shall have the following meanings:
CLOSING DATE:
30th December 2009
COMPETITION:
The Competition operated by the Promoter to which these Terms and Conditions apply, wherein the Entrants submit entries via the Website to win the Prize.
COMPETITION SOLICITOR:
means the firm of solicitors instructed by the Promoter with relation to the Competition.
ENTRANT:
Any person (not including a limited company, partnership or limited liability partnership) who enters the Competition through the Website to win the Prize and who's Entry has not been declared void.
ENTRY:
The completion of four multiple choice questions showed on the Website whereby Entrants can enter the Competition and the submission of an answer to the Tie Breaker.
ENTRY FEE:
means the sum of £20 (GBP) which is the amount paid by the Entrant to submit one entry to the Competition.
MAXIMUM NUMBER OF ENTRIES: 30,000
OPENING DATE:
10th March 2009
PANEL OF JUDGES:
means a representative of the Competition Solicitor and an independent estate agent.
PRIZE:
The Freehold of The Plash Inn, Llanfallteg, Whitland, Carmarthenshire, SA34 0UN, registered title number CYM 202327
PROMOTER:
Mr James Goymer, Mrs Jennifer Goymer, Mr Steven Goymer & Mrs Christie Goymer.
RUNNER UP:
means in the event the Winner cannot be contacted in accordance with Clause 35, the Entrant who has submitted what is determined by the Panel of Judges to be the second best answer to the Tie Breaker and is therefore determined to be the Winner pursuant to Clause 35.
TIE BREAKER:
means the question "Why do you want to win the Plash Inn?" to which the Entrant is required to write in 25 words or less a response to.
VALID ENTRIES:
means those Entries which have been submitted to the Competition and which the Promoter has confirmed by email to the Entrant which have not been deemed void
VALUATION:
£320,000 plus stamp duty, and solicitors' conveyancing fees (inclusive of the winner's solicitor's fees up to a maximum of £750.00 + VAT)
WEBSITE:
means the Website with the URL www.winapubinwales.co.uk
WINNER:
The Entrant who correctly answers all of the multiple choice questions, on or after the Closing Date who will receive the Prize in accordance with these Terms and Conditions. In the event of more than one person correctly answering all of the multiple choice questions the Winner will be the Entrant whom the Panel of Judges determines has submitted the best answer to the Tie Breaker.
3. GENERAL
1. By entering the Competition via the Website, Entrants are deemed to have read and accepted these Terms and Conditions and agree to be bound by them.
2. Upon entering the Competition, all Entrants must submit all contact details requested by the Promoter (which must include a valid e-mail address) which will be used for the following purposes: (a) to notify the Winner that they have won the prize; (b) to post the Winner's name and town of residence on the Website; and (c) to comply with the Privacy Policy.
3. All Entrants are solely and completely responsible for providing the Promoter with accurate and current contact details.
4. The Promoter will be in no way liable for any failure or inability to make contact with any Entrant due to any errors, omissions or inaccuracies in the contact details provided by that Entrant or otherwise.
5. PRIVACY POLICY - The Entrants and the Promoter recognise that the Promoter and her agents and advisers may use contact details and other data including personal data as defined by the Data Protection Act 1998 supplied by the Entrants to the Promoter to administer the Website and conduct the Competition according to these Terms and Conditions. The Entrants also recognise that the Promoter may (either by choice or at the request of a third party) also disclose this information to relevant third parties for the purposes of the prevention of fraud, money laundering, legal or other financial or regulatory reasons.
6. The Competition is operated by the Promoter and the Promoter's agents and advisers.
7. The Competition is open for entry to all persons aged 18 or over excluding the Promoter, her family, agents, employees, professional advisers or anyone else connected with the development or operation of the Website or with the administration of the Competition.
8. Entries made by the Entrants will only be valid if submitted via the Website.
9. By entering into the Competition, all Entrants acknowledge that their payment of the Entry Fee per Entry does not guarantee in any way that they will win the Prize.
10. The Promoter does not in any way guarantee or make any representation as to the value of the Prize.
11. Only Valid Entries will be entered into the Competition.
12. 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.
13. Each Entrant recognises that the Competition is a prize competition for the purposes of, inter alia, Section 14(5) of the Gambling Act 2005 and that to win the Competition depends to a substantial degree on the exercise of the skill, judgment and knowledge of each Entrant and that the Prize is not allocated wholly by chance.
14. By entering the Competition, each Entrant represents and warrants that all information which he or she submits is accurate, true, current and complete. The Promoter reserves the right to disqualify any Entrant (entirely at her own discretion) if there are reasonable grounds to believe the Entrant has acted in breach of any of these Terms and Conditions.
15. There is no limit to the number of entries that any one person can make via this Website.
16. The Valuation has been provided by an independent surveyor and is understood to represent a fair market value for the Prize. The Promoter is not responsible or liable in any way for the Valuation and makes no representation or warranty in respect of its accuracy.
17. All Entries will become the property of the Promoter on receipt and will not be returned.
18. Entrants will receive a combined confirmation e-mail and receipt from the Promoter within 2 working days of receipt by the Promoter of their Entry into the Competition.
19. The Promoter shall not retain details of each Entry for subsequent third party or other access directly from the Website. It is the sole responsibility of each Entrant to retain a copy of the confirmatory e-mail referred to above for his or her future reference.
20. The Promoter reserves the right to amend these Terms and Conditions at any time and for any reason. Such changes shall be binding on Entrants and will take effect immediately on posting of the revised documentation on the Website that such changes have taken place. Each Entrant hereby agrees that he/she will be bound by such changes with effect from such posting.
THE PRIZE
21. The purpose of the Competition is to win the Prize;
22. The Promoter is the registered legal owner of the Prize and the Prize will be transferred by the Promoter to the Winner of the Competition free from all mortgages, charges and other encumbrances save as recorded at HM Land Registry under title number CYM 202327 by the execution and delivery of a complete HM Land Registry Form TR1 to the Winner within 10 working days. No other form of transfer, contract or replies to enquiries shall be provided.
23. The Winner shall ensure that the Prize is registered at HM Land Registry in the Winner’s name.
24. Payment of the Entry Fee will only be accepted in pounds sterling.
25. English is the only language in which an Entrant may submit their Entry.
THE COMPETITION
26. The process to determine the Winner will begin the day after the Closing Date and a final decision will be made within 10 working days of the Closing Date.
27. The Entry Fee is payable using the "Pay Now" button on the "Enter Competition" page of the Website.
28. To submit an Entry into the Competition, an Entrant will be asked to provide their contact details (including postal and e-mail addresses and a telephone number) and card payment details. Once the Entry is submitted, the Entrant’s card payment will be electronically approved. A copy of the Entrant's contact details will be retained for the sole purpose of contacting the Entrant in accordance with Clause 35 in the event that they are declared the Winner.
29. Entry to the Competition and acceptance as a Valid Entry will only be confirmed upon approval of the payment and by the sending of the combined confirmation e-mail and receipt as described above by the Promoter to the Entrant to confirm their entry into the Competition. The e-mail will confirm the date and time of entry and that the Entry is registered as a Valid Entry.
30. When the Maximum Number of Entries or the Closing Date is reached whichever is the sooner, the Competition will close; however the Promoter reserves the right to extend the Closing Date by a period of up to 3 months.
31. All Entries to the Competition are final and no refunds shall be made at any time or for any reason.
32. If no more than one Entrant correctly answers each of the four multiple choice questions, the Winner shall be the Entrant who submitted such correct answers. In the event of more than one person correctly answering each of the four multiple choice questions the Winner will be the Entrant who the Panel of Judges determines has submitted the best answer to the Tie Breaker. The initial assessment of the Tie Breaker shall be by representatives of the Competition Solicitors who will pick out twenty answers based on the criteria described at the end of this paragraph. The short list of twenty Tie Breaker answers will then be assessed by the Panel of Judges who shall be looking for the answer which in their view shows the most creative flair. The Panel of Judges decision is final and no correspondence will be entered into about the result of the Competition following the determination of the Winner as described above.
33. The Winner will be required to forward a copy of his/her passport or driving licence certified by a solicitor as being a true copy of the original to the Competition Solicitors to prove his/her identity and that his/her winning Entry was made using a valid debit/credit card belonging to the Entrant or used with the express authorisation of the card holder.
34. Each Entrant agrees that the usual requirement under the Consumer Protection (Distance Selling) Regulations 2000 for any goods and services ordered online to be supplied within 30 days will not apply to this Prize Competition and each Entrant agrees that the usual ability to give notice of cancellation of the contract under the Consumer Protection (Distance Selling) Regulations 2000 will not apply to this Competition.
35. If the Winner cannot be contacted by or on behalf of the Promoter (using reasonable endeavours and contact details submitted in the Winner's Entry) within 30 days of the latter of the Closing Date or the Panel of Judges' decision under Clause 32, the Promoter shall award the Prize to the Entrant selected by the Panel of Judges as the Runner Up. The Runner Up shall have 7 days from notification of their status by the Promoter to communicate their acceptance of the Prize.
36. The Winner will be required to sign the HM Land Registry Form TR1 which will be provided to them under clause 22 and the Winner will sign and forward the same to the HM Land Registry within 14 working days of receipt from the Promoter.
CLOSING THE COMPETITION
37. If 95% of the Maximum Number of Entries (as determined from time to time) are not received as at the Closing Date, the Competition will close and the Prize will not be transferred to the Winner unless the Promoter agrees to transfer the Prize to the Winner. If the Prize is not transferred to the Winner then such circumstances as outlined in this clause 37, shall be defined as a "Default Event". In a Default Event proceeds of the Competition will be determined using the formula “number of tickets sold multiplied by the ticket price” (“the Winner's Pot”).
38. The Winner of the Competition will then be determined in accordance with the method described in clause 32 above.
39. In a Default Event the Winner of the Competition will receive the Winners Pot subject to Clause 40.
40. The Promoter will be entitled to retain up to 35% of the Winner's Pot to cover legal, Website, administration and marketing expenditure. The remaining balance following deduction of this sum is “the Prize Fund”. The Prize Fund will then be distributed to the Winner.
OTHER ISSUES
41. The Winner's Pot will be maintained in a separate bank escrow account in the name of the Promoter, until the Winner of the Competition has been determined.
42. By entering the Competition the Entrants agree that the Promoter has incurred fees relating solely to this Competition (including legal, third party marketing fees, Website fees and costs and administration expenses). These fees, costs and expenses may be deducted from the Winner's Pot as approved by the Competition Solicitors and the aggregate sum will be published on the Website.
43. The Winner agrees to allow the Promoter to display his or her name on the Website in accordance with the Privacy Policy. The name and town of residence of the Winner will be posted on the Website for the purposes of announcing the Winner of the Competition within 24 hours of the Winner being determined.
44. Entrants authorise the Promoter and her agents and advisers to enter their personal details into their database and to use the information in accordance with the provisions of the Data Protection Act 1998 and subject to the terms of Privacy Policy
45. 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 Entrant (in such manner as the Promoter may at her discretion determine 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 Entrant or to any other person.
46. The Promoter makes no representation or warranty as to the Valuation or the Prize, 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 Prize before entering the Competition.
47. The Promoter cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any Entrant entering the Competition or as a result of accepting the Prize. Nothing shall exclude the Promoter's liability for death or personal injury as a result of its negligence.
48. The Promoter accepts no liability for errors or omissions contained within the Prize details, description or specification or any other part of the Website. It is the responsibility of each Entrant (and in particular the Winner) to satisfy him/herself as to the accuracy of any such details and/or any content of this Website.
49. These Terms and Conditions shall be governed by and construed in all respects in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
50. The Promoter will not be liable for any loss suffered by an Entrant as a result of Entries which are not deemed to be Valid Entries or the failure of computer equipment or software or online systems or for any loss suffered as a result of use of the Website.
51. The Promoter does not accept responsibility for Entries which are not received due to failures in computer systems, other malfunctions, high Internet traffic, hardware failure, software failure, server faults or any other reason.
52. It is the responsibility of each Entrant to contact the Promoter if the Entrant does not receive the combined confirmation E-Mail and receipt as described above within 5 days of the submission of any Entry.
53. These Terms and Conditions shall not create or be construed as creating any form of contract, joint venture or other agreement between any Entrant and the Promoter.
54. An Entry shall be declared void (without any refund being given) if the Entrant is under 18 years or age or 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.
55. 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 reasonable control.