Terms
& Conditions of the Competition
1. INTRODUCTION
1.1 These Terms and Conditions (“the Terms”) shall be binding on Participants when entering this competition which is operated by Brian and Michelle Jones (“the Promoter”).
1.2 Entry and participation in the Competition shall be deemed an unconditional acceptance by you (“the Participant”) of these Terms. All entry instructions and any other specific details relating to the Competition or the Prize forms part of these Terms.
1.3 This Competition (“the Competition”) is operated by the Promoter wherein the Participants answer a question and submit entries
via the website www.winacabin.co.uk or via SMS text message to the shortcode 88833
to win the Prize.
1.4 The Prize (“the Prize”) is ownership of Pirin Chalet, Nr Bansko, Bulgaria plus other associated prizes as specified in Clause 6.1 below. Detailed information of the Prize is available at www.winacabin.co.uk
1.5 The Question (“the Question”) must be answered correctly (in substantial accordance with the answer held by the Promoters) to obtain an opportunity to win the Prize.
1.6 The Participant is any person (not including a limited company, partnership or limited liability partnership) who enters the Competition via SMS or through the Website to win the Prize.
1.7 The Winner (“the Winner”) is the Participant chosen at random after the Closing Date who will receive the Prize in accordance with these Terms and Conditions.
1.8 Entry and participation in the Competition shall be deemed an unconditional acceptance by the Participant to co-operate with and comply with all reasonable requests of the Promoter and its agents and employees in connection with the Competition.
1.9 Participants recognise 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 via answering the Question depends to a substantial degree on the exercise of the skill, judgment and knowledge of the Participant and that the Prize is not allocated wholly by chance.
1.10 The Promoter shall be entitled, in its absolute discretion, to cancel the Competition with immediate effect by stating the same in the relevant publications without any liability in respect thereof.
1.11 Each Participant should retain a copy of these Terms and Conditions for their future reference.
2. ELIGIBILITY TO ENTER COMPETITIONS
2.1 Employees, directors, partners and agents of the promoters and their immediate family or any persons directly or indirectly connected with the Competition are not eligible to enter the Competition.
2.2 Participants must be 18 years of age or over.
2.3 Entry and participation in the Competition shall be deemed unconditional confirmation by the Participant that they are not breaching any laws in their country of residence regarding the legality of entering such a competition.
2.4 Upon entering the Competition, all Participants must submit all contact details requested by the Promoters (which must include a valid phone number) which will be used to notify the Winner that they have won the prize.
2.5 All Participants are solely and completely responsible for providing the Promoters with accurate and current contact details.
2.6 The Promoters will be in no way liable for any failure or inability to make contact with any Participant due to any errors, omissions or inaccuracies in the contact details provided by the Participants or otherwise.
2.7 By entering the Competition, Participants warrant that all information which they submit is accurate, true, current and complete. The Promoters reserve the right to disqualify any Participant (entirely at their own discretion) if there are reasonable grounds to believe the Participant has acted in breach of any of these Terms and Conditions.
2.8 Only completed Entries will be entered into the Competition. Incomplete or indecipherable entries will be void (at the Promoter’s absolute discretion).
2.9 The Promoter does not accept responsibility for entries which may be lost, or which are not received by the Promoter. Proof of sending an SMS text will not be accepted as proof of receipt.
2.10 As a condition of entering the Competition, Participants 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 a Participant enters the Competition unlawfully.
2.11 All Entries will become the property of the Promoters on receipt and will not be returned.
2.12 An entry shall be declared void (without any refund being given) if the Participant 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.
3. THE COMPETITION
3.1 The price of entering the competition is £3.00 GBP per entry, (approximately €3.70 or $5.25 US).).
3.2 In answering the Question, the Participant recognises that they must exercise skill and judgment to give the correct Answer.
3.3 The Competition closes on 23rd December 2008 at 23:59.59 UK time
(GMT) unless extended as in Clause 3.4 below.
3.4 The Promoters reserve the right to extend the closing date by up to 2 months at their discretion.
3.5 All entries must be received before the closing date.
3.6 Late entries will not be accepted.
4. HOW TO ENTER
4.1 Participants may enter via the website www.winacabin.co.uk At the time of entry Participants will be asked to give a contact telephone number in the event that they may become the winner.
4.2 UK based participants may also enter by sending a text message via a mobile phone Short Message Service to the shortcode 88833. The text message will be charged at 2 x £1.50, totalling the
£3.00 GBP entry fee.
4.3 Participants may enter as many times as they wish. Each entry is allocated a unique number which will be entered into the competition draw.
4.4 Pay-As-You-Go mobile phone Participants must ensure that they have sufficient credit before entering the competition service.
4.5 By entering into the Competition, all Participants acknowledge that their payment of £3.00 (GBP) per entry to answer the Question and thereby enter the Competition does not guarantee in any way that they will win the prize.
4.6 All Entries to the Competition are final and no refunds shall be made at any time or for any reason.
5. COMPETITION ENTRIES VIA TEXT MESSAGE
5.1 Only Participants with mobile phones using Vodafone, O2 (formerly BT Cellnet), Orange, Three, Virgin or T-Mobile (formerly One-2-One) UK networks (“the Service Providers”) shall be able to participate in the Competition via a Short Message Service (“SMS”) known commonly as a “text message”. Users connected to other networks should check with their service provider for details of compatibility.
5.2 Entries by text message must be sent to the applicable shortcode – 88833 in the UK.
5.3 Text messaging charges incurred as a result of entrance to the Competition will be paid via your mobile phone service provider and shall be detailed, where possible, on your mobile phone bill. Please note the maximum charge of £3 specified in Clause 3.1 above.
5.4 The Winner of an entry via SMS text will be the person who on the date of the draw is the contracted or other lawful holder of the mobile phone number from which the text message was sent. If at the time of determination of the winner the number of the winning phone number is no longer in use or not legitimate for any reason the prize will go to the next number drawn. The Winner will be required to prove their identity by forwarding a copy of their passport or driving licence to the Promoters.
6. COMPETITION ENTRIES VIA WEBSITE
6.1 To conclude an entry into the Competition via the website, a Participant will be asked to provide their contact details (including postal and e-mail addresses and a telephone number) for card payment details. Once the Entry is submitted, the Participant’s card payment will be electronically approved.
6.2 Entry to the Competition will only be confirmed on approval of the payment and by the sending of the combined confirmation e-mail and receipt by the Promoters to the Participant to confirm their entry into the Competition. The e-mail will confirm the date and time of entry, and the details of the Prize.
6.3 The Winner of an entry via the website will be required to forward a copy of their passport or driving licence to the Promoters to prove their identity and that their Entry was made using a valid debit/credit card belonging to the Participant or used with the express authorisation of the card holder.
6.4 Each Participant agrees that the usual requirement under the Consumer Protection (Distance Selling) Regulations 2000 for any goods and services ordered to be supplied within 30 days will not apply to this Prize Competition.
6.5 Participants will receive a combined confirmation e-mail and receipt from the Promoters within 2 days of receipt of their Entry into the Competition.
6.6 The Promoters do not retain details of each Entry for subsequent third party or other access directly from the Website. It is the sole responsibility of each Participant to retain a copy of the confirmatory e-mail referred to above for their future reference.
7. THE PRIZE
7.1 The prize consists of:-
- ownership of the freehold house known as "Pirin Chalet", Nr Bansko, Bulgaria together with the grounds, fixtures and fittings, all furniture, home cinema and soft furnishings,
- a brand new 4x4 Off Road Vehicle waiting at the Chalet,
- return flights for 2 from nearest airport to Bulgaria including transfers to Bansko to pick up the keys to your fabulous prizes at a Champagne Reception. Guided tour of ski resort and holiday activity of your choice.
7.2 The Promoters do not in any way guarantee the value of the Prize, and are not responsible or liable in any way for any valuation and makes no representation or warranty in respect thereof.
7.3 Vacant possession of the property will be 31st March 2009 or 2
months from the closing date whichever is the later..
7.4 The Prize will be transferred by the Promoter to the Winner of the Competition free from all mortgages, charges and other encumbrances, at the Promoter’s expense and including all fees, charges and taxes.
7.5 The Prize is non-transferable and may not be given or assigned to another person. Prizes cannot be exchanged for cash or other alternatives.
8. THE DRAW AND WINNER
8.1 In order for the house to be drawn as the prize, a minimum of
90,000 entries of £3 each must be met. If the minimum amount of entries is not met by the closing date then the Promoters will be entitled to retain 35% of the amount of money raised by the competition to cover administrative set-up, legal and marketing costs.
20% of the remaining balance will then go to one or more charities which will be listed from time to time on the
Website. Following these deductions, the remaining balance is “the Prize Fund”. The Prize Fund will then be
distributed to the winning Entrant.
8.2 The draw date will be 24th December 2008 unless extended as in Clause
3.4 above.
8.3 The Promoter will notify the winner by telephone at the draw, or at the latest within 24 hours of the Winner being determined.
8.4 The Winners name will be posted on the website. The Winner must as a condition of the Prize consent to the publication of their name on the website.
8.5 The Winner of the Prize will be the Participant whose details are randomly drawn before an audience of invited guests, members of the Press and in the presence of a Solicitor.
8.6 The Winner will be selected by lot (lucky draw). If there are conflicting or uncertain claims the Promoter may nominate a winner and their nomination will be final. The Winner will be contacted on the telephone number provided and will be obliged to satisfy the organisers that they are entitled to the prize. If for any reason the Winner cannot be traced the organisers reserve the right to award the prize to the next number drawn.
8.7 Independent auditors (“Judges”) will monitor, verify and certify the prize draw.
8.8 The decision of the Promoter’s Judges is final and conclusive in all circumstances and no correspondence will be entered into.
8.9 The Winner will be entitled to cede their prize entitlement by written notice to the organisers.
8.10 If the Winner cannot be contacted by the Promoter within 30 days of being selected as the Winner by telephone or such other contact details available, the Promoter shall be entitled to award the Prize to the Participant selected by drawing another winning entry at random in the same method as described above (“The Alternate Winner“).
8.11The 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.
9 GENERAL
9.1 This promotion complies with Section 14(5) of the Gambling Act 2005. Changes to Section 14(5) of the Gambling Act 2005 may necessitate changes to the terms and conditions of the competition.
9.2 All monies raised by the competition will be maintained in a separate bank account by the Promoters until the Competition has been finalised.
9.3 These competition rules shall not create or be construed as creating any form of contract, joint venture or other agreement between any Participant and the Promoters.
9.4 The Participants and the Promoters recognise that the Competition, its administration and all associated activities are governed by English Law and the Promoters and Participants recognise that the County or High Courts of England shall have exclusive jurisdiction in the event of any dispute arising out of the Competition or its administration.
9.5 Entry and participation in the Competition shall be deemed an unconditional acceptance by the Participant that they will not engage in any actions that might be considered an abuse of the Service Providers networks, these include, but are not limited to (a) attempting to circumvent user authentication, security of any network, or account; (b) attempting to interfere or deny access to any service or host.
9.6 The Promoters reserve the right to amend these terms and conditions at any time and for any reason.
10 PRIVACY POLICY
10.1 The Participants and the Promoters recognise that the Promoters may use contact details and other data including personal data as defined by the Data Protection Act 1998 supplied by the Participants to the Promoters to administer the Website and conduct the Competition according to these Terms and Conditions. The Participants and the Promoters also recognise that the Promoters 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.
10.2 Participants authorise the Promoters 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 this Privacy Policy.
10.3 The Winner agrees to allow the Promoters to display his or her name on the Website in accordance with this Privacy Policy. The name, age 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
11. EXCLUSION OF LIABILITY
11.1 The Promoters do not accept responsibility for entries which they do not receive due to failures in computer systems, other malfunctions, high Internet traffic, hardware failure, software failure, server faults or any other reason. It is the responsibility of Participants to contact the Promoters if they do not receive the confirmation Text or E-Mail receipt within 5 days of the submission of any Entry.
11.2 The organisers will endeavour to ensure that the text message service and website is available continuously, but do not warrant availability.
11.3 The Promoters accept 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 Participant (and in particular the Winner) to satisfy him/herself as to the accuracy of any such details and/or any content of this website.
11.4 The promoters, their associated companies, agents, partners and sponsors are not liable for any direct or indirect loss or damage arising from a Participant’s participation in the competition.
11.5 Save for death or personal injury the Promoters will not be liable for any loss (including economic loss) suffered to or sustained by any person or property as a result of any act or omission of the Promoters, 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 Prize.
11.6 The Promoter accepts no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.
11.7 The Promoter accepts no liability for any entrant entering the competition unlawfully.
11.8 The Promoter shall not be liable to perform any of its obligations under the Competition or in respect of the prizes where it is unable to do so as a result of circumstances beyond its control and shall not be liable to compensate Participants in such circumstances.
Please direct all enquiries to brian@winacabin.co.uk
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