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Terms and Conditions
Definitions
- THE COMPETITION: The Competition to which these Terms and Conditions apply operated by the Promoters for which entrants submit entries via the website:- www.fabpad2win.co.uk
- ENTRY FEE: £20 (GBP)
- ENTRY: Answer a multiple choice question to enter the competition. If correctly answered, pay the entry fee of £20 to select your pixel on the Frisbee picture. Entrants who choose a pixel within 10 pixels of the correct Frisbee position will then go forward for the draw.
- QUESTION: A multiple choice question with one correct answer.
- PRIZE: One of the properties featured on the website or a cash prize as appropriate.
- PROMOTERS: Jayne Palmer and Josie Palmer of 51 Watch House Place, Portishead, Bristol, BS20 7AU
- WINNER: The entrant randomly drawn from those entrants who have correctly judged the position of the Frisbee within the defined area (a radius of 10 pixels as stated under "ENTRY")
- CLOSING DATE: 31st January 2010 or when the number of entries reaches 24,550 if earlier.
- WEBSITE: www.fabpad2win.co.uk
Terms and Conditions
1. By entering the Competition, entrants are deemed to have read and accepted these Terms and Conditions and agree to be bound by them;
2. All entrants are solely responsible for providing accurate contact details.
3. The Promoters will not be liable for any failure to make contact with any entrant due to any errors, omissions or inaccuracies in the contact details provided by the entrant or otherwise.
4. The entrants 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 entrants to the Promoters to administer the Website and conduct the Competition but such data and contact details will not be sold or made available to third parties.
5. The entrants recognise that the Promoters may (either by choice or at the request of a third party) disclose information to relevant third parties for the purposes of the prevention of fraud, money laundering, avoidance and legal or other financial obligations or regulatory reasons.
6. The winning entrants agree to being photographed and to consent to receiving publicity.
7. The Promoters will endeavour to correct any errors or omissions that may become apparent and for this reason reserve the right to change and alter these terms and conditions or any website content from time to time without notice.
8. The Competition is open for entry to all persons aged 18 or over excluding the Promoters, their family, agents, employees, professional advisers or anyone else connected with the development or operation of the Website or with the administration of the Competition.
9. Entries will only be valid if made via the website with payment for £20 (GBP)
10. By entering into the Competition, all entrants acknowledge that their payment of £20 (GBP) per entry does not guarantee in any way that they will win a Prize.
11.The Promoters do not in any way guarantee or make any representation as to the value of the Prize, its structural or cosmetic condition or its ability to be sold or let and will not be liable for any errors or omissions in relation to the Prize description.
12. The entrants recognise that the Competition is a Prize Competition for the purpose of, Section14 (5) of the Gambling Act 2005 and that to win the Competition depends to a substantial degree on the exercise of the skill and judgment or knowledge of the entrants and that the Prize is not allocated wholly by chance;
14. 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.
15. The entrants and the Promoters recognise that the Competition, its administration and all associated activities are governed by English Law and the Promoters and entrants recognise that the Courts of England and Wales shall have exclusive jurisdiction in the event of any dispute arising out of the Competition or its administration.
16. Entrants are entitled to make as many entries as they wish subject to the payment of £20 (GBP) per entry.
17. All Entries will become the property of the Promoters on receipt and will not be returned.
18. Entrants will receive a combined confirmation e-mail and receipt noting time and date of Entry from the Promoters within one week of receipt of their Entry and payment. It is the sole responsibility of each entrant to retain a copy of the confirmatory e-mail referred to above for their future reference. If such receipt is not received within 7 days of the submission of the Entry the entrant must contact the Promoters.
19.The Promoters shall be entitled, in their absolute discretion, to cancel the Competition with immediate effect by notifying the entrants without any liability in respect thereof.
20. The purpose of the Competition is to win the Prize.
21. The Prize will be transferred by the Promoters at the Promoters' expense to the Winner free from all mortgages, charges and other encumbrances (if any) save as recorded in the registers held at the Land Registry in respect of the Prize provided that if on or before the Closing Date the Promoters have rented out the Prize on a Assured Shorthold Tenancy the Prize will be transferred subject to and with the benefit of that Assured Shorthold Tenancy and the Winner will be entitled to receive all rents payable from the date of transfer of the Prize.
22. If the Prize is transferred subject to an Assured Shorthold Tenancy, the Prize will include the furniture (if any), therein which is the property of the Promoters.
23. 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 Competition.
24. English is the only language in which an Entrant may submit their entry.
25. The Prize is non-transferable and may not be given or assigned to another person other than the Winner. Prizes cannot be exchanged for cash or other alternatives.
The Competition
26. The process to determine the Winner will begin the day after the Closing Date and the final decision will be made within 14 days of that date.
27. The Promoters reserve the right to extend the Closing Date at their discretion should Entries not exceed 24,550.
28. All Entries to the Competition are unconditional.
29. The winners will be randomly drawn from those entrants who have correctly judged the position of the Frisbee within the defined area (a radius of 10 pixels as stated in the Definitions under "ENTRY")
30. The Promoters' decision is final and no correspondence will be entered into about the result of the Competition following the determination of the Winner.
31. The Winners will be required to provide all necessary evidence to comply with appropriate Money Laundering Regulations.
32. If the Winners cannot be contacted by the Promoters within 21 days of being selected as the Winners by e-mail, telephone and mail to the contact details submitted in their Entry, they will lose their right to the Prize and the Promoters shall be entitled to award the Prize to an alternate entrant by selecting another entry by the same method as described in clause 29 above ("The Alternate Winner"). The Alternate Winner shall have 21 days from notification of their status by the Promoters to communicate their acceptance of the Prize.
33. The Winners will be required to sign any documents required to transfer the Property into the Winner's name.
34. All parties recognise that the Promoters will incur costs relating to this Competition (Inc Legal, Third Party Marketing, and Administration Fees) these costs which will not exceed 35% of the Entry fees will be deducted from the Entry Fees.
35. If Entries do not exceed 24,550 as at the Closing Date and the Promoters do not elect to extend the closing date in accordance with clause 27 or having done so that later date has been reached and total ticket sales have not exceeded 24,550 the Competition will close and the value of the Prize will be determined using the formula "number of tickets sold x ticket price" ("the Entry Fees") less costs as specified in clause 34.
36. The Winner of the Competition will be determined in accordance with clause 29 and will receive the prize.
37. In the event of the competition not proceeding the promoters will return all entry fees to the entrants less their costs as set out in clause 35.
38. All Entry Fees will be held in a separate bank account, until the Winner of the Competition has been determined.
39. The Winner agrees to allow the Promoters to display his or her name and/or photograph on the Website.
40. The Winner agrees to take part in such publicity events as the Promoters may require.
41. The Promoters shall not be liable to perform any of their obligations hereunder where they are unable to do so as a result of circumstances beyond their control and shall not be liable to compensate entrants in such circumstances.
42. Save for death or personal injury neither the Promoters, nor their servants or agents will be liable for any loss (including economic loss) sustained by any person or property as a result of any act or omission of the Promoters in connection with the Competition.
43. The Promoters accept no liability for errors or omissions contained within the Prize details, description or specification or any other part of the Website.
44. If any clause or clauses within this agreement prove void at law, the rest of the agreement still stands.
45. 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 Promoters.
46. An entry shall be declared void (without any refund being given) 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.
47. A copy of these Terms and Conditions should be retained by each entrant for their future reference.
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