House Competitions Rules
The following Terms and Conditions apply to the 'Win a House' competition.
To see the general Terms and Conditions for all competitions, click here.
Rules of House Prize Competition
1. Definitions
1.1 In these Rules the following words and expressions have the following respective meanings:-
1.1.1 “Cash Payment” means the sum determined in accordance with Rule 5B.1;
1.1.2 “Closing Date” means [25th June 2009];
1.1.3 “Competition” means competition number ASOL0001, entitled “Win a Dream House”;
1.1.4 “Entry Fee” means £25.00 (Twenty-five pounds sterling);
1.1.5 “Excluded Person” means any person falling within either of the descriptions set out in Rules 2.1.1 or 2.1.2;
1.1.6 “Opening Date” means [30th January 2009];
1.1.7 “Participant” means any person submitting or purporting to submit an entry to the Competition;
1.1.8 “Privacy Policy” means the Promoter’s Privacy Policy, as published on the Website from time to time;
1.1.9 “Prize” means the prize to be awarded to the Winner, as determined in accordance with Rule 4.1;
1.1.10 “Promoter” means A Spot of Luxury Limited, a company registered in England with number 6675451, whose address for correspondence is P.O Box 7705, Derby DE1 0RG;
1.1.11 “Property” means 476 Burton Road, Derby DE23 6AL;
1.1.12 “SDLT” means Stamp Duty Land Tax;
1.1.13 “Threshold” means 44,000 (Forty-four thousand) valid entries to the Competition;
1.1.14 “Website” means the website www.aspotofluxury.co.uk ; and
1.1.15 “Winner” means the winner of the Competition, as determined in accordance with these Rules.
1.2 References in these Rules to any statute include any statute replacing or re-enacting that statute which may come into force from time to time, together with any rules or regulations made under any statute to which this Rule 1.2 applies.
1.3 References in these Rules to the masculine gender include a reference to the female gender.
1.4 References in these Rules to “persons” include individuals, partnerships, corporations and all other entities having separate legal personality.
2. Entry to the Competition
2.1 Entry to the Competition is open, with effect from the Opening Date, to individuals aged 18 and over, with the exception of the following:-
2.1.1 Employees, officers, partners, members, shareholders or other personnel of the Promoter, Malcolm H Preece & Co, Stimulating Minds Limited, Fluid Media Limited, Northcliffe Media Limited, Paskett P.R Limited, Royal Bank of Scotland, Geldards LLP and Nelsons or of any of their parent, subsidiary or affiliated organisations; and JJ Public Relations, Trumpet Public Relations and Barleycroft Construction.
2.1.2 members of the same family or household as any person to whom Rule 2.1.1 applies.
2.2 Entry to the Competition may only be made via the Website in strict accordance with the instructions set out therein. Any purported entry by any other means shall automatically be deemed invalid.
2.3 Each entry to the Competition must be accompanied by full payment of the Entry Fee, made by debit or credit card in strict accordance with the instructions provided on the Website. Any purported entry not accompanied by the full payment of the Entry Fee made in the correct manner shall automatically be deemed invalid.
2.4 Any purported entry to the Competition which, in the opinion of the Promoter:-
2.4.1 contains any inaccuracy;
2.4.2 is incomplete in any respect;
2.4.3 has been submitted by or on behalf of an Excluded Person;
2.4.4 has not been submitted by the person named as the Participant; or
2.4.5 does not comply in any other respect with these Rules
shall automatically be deemed invalid.
2.5 Joint or syndicated entries to the Competition are not permitted and if purported to be made shall automatically be deemed invalid.
2.6 Where, pursuant to Rules 2.2 to 2.5, any entry or purported entry to the Competition is automatically deemed invalid, the Promoter shall be under no obligation to give the Participant notice to that effect. However, the Promoter will refund any Entry Fee paid in accordance with these Rules in respect of an invalid entry made in good faith. Such refund shall be made by means of crediting the debit or credit card account with which payment of the Entry Fee was originally made.
2.7 An entry to the Competition shall be deemed to have been made once the Participant has clicked the “Buy” button on the Website.
2.8 Upon the making by the Participant of an entry to the Competition, the Promoter shall send a confirmatory e-mail to the Participant using the e-mail address given by the Participant when making his entry.
2.9 No single individual may make more than 200 separate entries to the Competition.
2.10 The closing time for the making of entries to the Competition is 23.59 hours GMT on the Closing Date. No entry shall be accepted after that time under any circumstances, except that an entry the making of which is commenced before the closing time will be accepted if completed and submitted by 00.05 hours GMT on the day immediately following the Closing Date.
2.11 Each valid entry shall be allocated an individual entry number.
2.12 Once an entry has been made to the Competition, that entry cannot be withdrawn by the Participant and no refund of the Entry Fee will be made unless Rule 2.6 applies.
2.13 Where, pursuant to these Rules, a purported entry to the Competition is deemed invalid, that entry shall be deemed never to have been made.
2.14 The Promoter accepts no liability for the failure or inability of any person to make a valid entry to the Competition as the result of any defect in, or any failure, malfunction or unavailability of, any computer equipment, software or system.
2.15 Copyright in all entries to the Competition shall vest in the Promoter absolutely.
3. The Competition
3.1 The Competition requires the Participant to provide the correct answer to a question as more particularly specified on the Website.
3.2 The Promoter shall, by means of an electronic checking process, examine all entries to the Competition for the purpose of verifying whether they contain the correct answer, and shall use reasonable endeavours to complete this task within two working days following the Closing Date.
3.3 The Participant who submits a valid entry to the Competition containing the correct answer shall, subject to Rules 3.4 to 3.7, be declared the Winner.
3.4 If more than one entry to the Competition containing the correct answer is received, all such entries shall be entered into a draw to be conducted in accordance with Rules 3.7 and 3.8.
3.5 If no entries containing the correct answer are received, the Participant who submits the entry containing the answer which is closest to the correct answer shall be declared the Winner.
3.6 If more than one entry containing an answer closest to the correct answer is received, all such entries shall be entered into a draw to be conducted in accordance with Rules 3.7 and 3.8.
3.7 In the event that a draw is held pursuant either to Rule 3.4 or Rule 3.6, the Participant whose entry is selected shall be declared the Winner.
3.8 If it is necessary to hold a draw pursuant either to Rule 3.4 or 3.6:-
3.8.1 the Promoter shall conduct the draw using an electronic random number selection process;
3.8.2 the winning entry shall be the one whose individual entry number (as allocated pursuant to Rule 2.11) is the first to correspond with a random number selected using that process;
3.8.3 the Promoter shall conduct the draw under the supervision of a notary public appointed by the Promoter;
3.8.4 the Promoter reserves the right to invite to the draw the five (5) Participants with entries in the draw who have submitted the greatest number of entries;
3.8.5 the Promoter shall, as soon as reasonably practicable after the Closing Date, post advance details of the date and time of the draw on the Website.
3.9 The Promoter shall notify the Winner by telephone, and confirm notification by first-class post, using the contact telephone number and address provided by the Winner in his entry to the Competition, within seven days of the date on which the identity of the Winner is determined. The Winner shall be required to meet representatives of the Promoter in person and to produce confirmatory evidence of his identity which is satisfactory to the Promoter.
3.10 The Winner shall be entitled to receive the Prize, subject to Rule 3.11.
3.11 If:-
3.11.1 the Promoter having notified the Winner pursuant to Rule 3.9, the Winner declines to accept the Prize; or
3.11.2 the Promoter is unable to establish contact with the Winner using the contact telephone number and address provided by the Winner in his entry to the Competition within a period of 90 (ninety) days of its first having attempted to do so; or
3.11.3 the Winner declines to meet representatives of the Promoter or fails to produce confirmatory evidence of his identity which is satisfactory to the Promoter, as required in each case by Rule 3.9
the Winner shall cease to be entitled to the Prize with immediate effect and shall be deemed never to have been entitled to the Prize, and the procedure set out in Rules 3.3 to 3.7 (to the extent that the same are applicable) shall be repeated in order to determine an alternative Winner, who shall thereupon become the Winner for the purposes of these Rules.
3.12 The Promoter shall publish details of the correct answer to the question, and of the name and county of residence of the Winner, on the Website within fourteen days of the identity of the Winner being determined.
4. The Prize
4.1 The Prize shall be determined as follows:-
4.1.1 if the total number of valid entries made to the Competition is equivalent to or greater than the Threshold, the Prize shall be the freehold interest in the Property; and
4.1.2 if the total number of valid entries made to the Competition is less than the Threshold, the Prize shall be the Cash Payment.
4.2 If the Prize is the Property, Rule 5A shall apply. If the Prize is the Cash Payment, Rule 5B shall apply.
4.3 If the Prize is the Cash Payment, the Promoter shall, within three working days of the Closing Date, publish on the Website the amount of the Cash Payment.
5A Where the Prize is the Property
5A.1 The Promoter shall, within sixty (60) days following the determination of the Winner, transfer, or procure the transfer to the Winner of, the freehold interest in the Property -
5A.1.1 free from all mortgages and legal charges;
5A.1.2 together with but subject to (as the case may be) the rights exceptions and reservations, agreements and declarations and restrictive and other covenants contained, mentioned or referred to in the register of the title number applicable to the Property; and
5A.1.3 with full title guarantee.
For the avoidance of doubt, such transfer shall be made solely in favour of the Winner, and not in favour of the Winner jointly with any other specified person or persons, nor of any third party. The Winner shall not be entitled to raise any objection or requisition in relation to the procedure adopted by the Promoter for the transfer of the Property, nor to the form of transfer of the Property as it is presented to him.
5A.2 The Promoter shall make available for inspection via a link to an Adobe Acrobat pdf file on the Website an information pack relating to the Property and comprising agent’s particulars, a local land charges search, a drainage search and a copy of the Register of Title. Whilst reasonable care has been taken by and on behalf of the Promoter in the compilation of this information pack, the Participant uses and relies upon the information contained within it at his own risk, and the Promoter accepts no liability for any loss or damage of any kind suffered by the Participant or any other person as the result of any use or reliance upon it, regardless of how such loss or damage was caused..
5A.3 The Promoter shall not be under any obligation to answer any preliminary enquiries from the Winner or any Participant in relation to the Property
5A.4 The Winner shall be responsible for obtaining his own legal advice in relation to the transfer of the Property. However, the Promoter will meet the reasonable costs and disbursements (excluding SDLT, to which Rule 5A.5 refers) incurred by the Winner in obtaining such advice and in having the Winner’s title to the Property registered at The Land Registry upon the production of an original invoice for such costs addressed to the Winner, up to a maximum of £1,500 (One thousand five hundred pounds) plus VAT.
5A.5 In addition to the costs specified in Rule 5A.4, the Promoter shall also reimburse the Winner in respect of the SDLT payable on the transfer of the Property, on condition that:-
5A.5.1 the Promoter has sole responsibility for determining the amount of SDLT payable, and for entering into any communication or negotiation with HMRC necessary for the purpose of such determination; and
5A.5.2 without limiting the generality of Rule 5A.5.1, the Winner does not agree or seek to agree with HMRC the amount of such SDLT without the express prior written consent of the Promoter.
5A.6 The valuation of the Property as specified on the Website was obtained in good faith from Messrs Everington & Ruddle in October 2008. The Promoter makes no guarantee, representation or warranty at any time as to the accuracy of the said valuation.
5A.7 No cash or other equivalent will be available as an alternative prize to the Property.
5B Where the Prize is the Cash Payment
5B.1 The Cash Payment shall be 70% of the aggregate total of the Entry Fees received by the Promoter in respect of valid entries to the Competition.
5B.2 The Promoter shall, within fourteen days following the determination of the identity of the Winner (or such other period as may be agreed with the Winner), make the Cash Payment to the Winner in sterling by (at the Promoter’s option) cheque or BACS transfer. If made by cheque, payment shall, at the Promoter’s discretion, be made by post or in person, either privately or at a presentation ceremony, at such location and at such date and time as the Promoter shall reasonably specify. Where the Promoter requires the Cash Payment to be made to the Winner in person, it is a condition of the Winner’s entitlement to payment that the Winner accepts the cheque in the manner, and at the location, date and time, so specified.
5B.3 The Promoter makes no guarantee, representation or warranty regarding the amount of the Cash Payment.
6. Publicity and Privacy
6.1 The Promoter reserves the right, whether directly or through its appointed agent or representative:-
6.1.1 to publish the name and county of residence of the Winner on the Website; and
6.1.2 to provide the name and county of residence of the Winner to such publishers of newspapers, magazines and periodicals, radio and television broadcasters and other broadcast, published or publicly-available media as it may wish from time to time for the purpose of announcing the identity of the Winner.
6.2 The Promoter shall comply at all times with the Privacy Policy.
7. Miscellaneous
7.1 In all matters in any way relating to the Competition or the construction, interpretation, application or enforcement of these Rules, the decision of the Promoter shall in all circumstances be final, and no correspondence will be entered into.
7.2 The Promoter reserves the right in its absolute discretion, and without advance notice to any person, to cancel the Competition at any time with immediate effect. The Promoter shall, in the event that it exercises its rights under this Rule 7.2, publish notice of cancellation on the Website as soon as reasonably practicable. In the event of cancellation the Promoter shall in addition refund all Entry Fees to Participants as soon as reasonably practicable.
7.3 The Promoter further reserves the right in its absolute discretion at any time, and without advance notice to any person, with immediate effect to:-
7.3.1 defer the Opening Date, the Closing Date or the time for performance of any obligation, or for the occurrence of any event, as specified in these Rules (whether already deferred pursuant to this Rule 7.3 or otherwise); or
7.3.2 suspend the Competition until further notice.
The Promoter shall, in the event that it exercises its rights under this Rule 7.3, publish notice of deferment or suspension on the Website as soon as reasonably practicable, as well, in the case of suspension of the Competition, as notice of its resumption. The Promoter shall, in the case of suspension, use reasonable endeavours to keep any period of suspension to a minimum, without limiting its right to cancel the Competition under Rule 7.2.
7.4 Except as set out in Rule 7.5, neither the Promoter nor any of its officers, employees or shareholders shall have any liability for any direct or indirect loss, injury or damage of any kind whatsoever suffered or incurred by any person, regardless of how the loss, injury or damage arose, and in any way arising in connection with the Competition or any anything done or omitted to be done by any person in connection with or ancillary to the Competition.
7.5 Rule 7.4 shall not exclude or limit:-
7.5.1 the liability of any person for death or personal injury caused by that person’s negligence;
7.5.2 the liability of any person for fraud or fraudulent misrepresentation; or
7.5.3 any other liability that cannot lawfully be excluded or restricted.
7.6 The Competition and the construction and interpretation of these Rules shall be subject to English Law, and the Participant and the Promoter submit to the exclusive jurisdiction of the English Courts.
7.7 By making a valid entry to the Competition, the Participant accepts these Rules in their entirety and without amendment.
