Terms | Win a House in France Competition

Terms & 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: When the maximum number of entries has been sold or 4 Months from the commencement of the competition or as extended at the discretion of the promoters. COMPETITION: The Competition operated by the Promoter to which these Terms and Conditions apply, to which the Entrants use their skill and judgment to Spot the Position of the Boule. COMPETITION SOLICITOR: means the firm of solicitors instructed by the Promoter in relation to the Competition. ENTRANT: Any person, excluding the family of the Promoters, (not including a limited company, partnership or limited liability partnership) who enters the Competition through the Website to win the Prize and whose Entry has not been declared void. ENTRY: The completion of the competition on the competition website, together with the Entry Fee. ENTRY FEE: means the sum of £5 GBP which is the amount paid by the Entrant to submit one entry to the Competition. MAXIMUM NUMBER OF ENTRIES: 300,000 (three hundred thousand) OPENING DATE: 11th March 2011 PANEL OF JUDGES: Three Independent Persons not connected to the Promoter, their friends or family. PRIZE: One Hundred Per Cent Shareholding in a Company Registered in the United Kingdom in accordance with UK Company Law; the sole asset of the aforementioned company being the unencumbered and free of any charge Freehold of Les Vieux Chais, 1 Allée des Platanes, 16200 Bourg-Charente, France. (The cost of the Share transfer and any legal costs and taxes to be paid by the Promoter). PROMOTER: Ian and Bernadette Weyde RUNNER UP: means in the event the Winner cannot be contacted, the Entrant who is the next person selected as the Winner. 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. WEBSITE: www.hotpropertyfrance.com WINNER: The entrant who is selected as the Winner by the process outlined below at paragraph 30. 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 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 their 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 the Website Privacy Policy and 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. 7. The Competition is open for entry to all persons aged 18 or over excluding the Promoter, 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 their 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 Promoter makes no representation or warranty in respect of the accuracy of the website. 17. All Entries will become the property of the Promoter on receipt and will not be returned. 18. Entrants will receive a confirmation receipt containing the pixel number of their selected position. 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 make reasonable amendments to these Terms and Conditions at any time and for any reason. THE PRIZE 21. The purpose of the Competition is to win the Prize; 22. Payment of the Entry Fee will only be accepted in pounds sterling. 23. English is the only language in which an Entrant may submit their Entry. THE COMPETITION 24. 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. 25. The Entry Fee is payable using the "Proceed to Payment" button on the "Proceed to Payment" page of the Website. 26. 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 31 in the event that they are declared the Winner. 27. Entry to the Competition and acceptance as a Valid Entry will only be confirmed upon approval of the payment and by the sending of a confirmation e-mail and 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. 28. 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 4 months at a time. 29. All Entries to the Competition are final and no refunds shall be made at any time or for any reason. 30. The winner will be the entrant who selects the exact position of the boule as chosen by the Panel of Judges. In the event that no entrant selects the exact position of the boule then the winner will be the entrant who selects a position nearest to the position of the boule. In the event of a tie between entrants (Nearest Entrants") who have selected a position which is equal distance to the position of the boule then the Nearest Entrants will be required to complete a further "Spot the Boule" competition from a different picture with the winner being the entrant who selects the position closest to the position of the boule . 31. 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. 32. 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. 33. The Winner will be required to comply with all relevant legislation. 34. The Prize will be transferred to the winner within 56 days of the Winner being announced. CLOSING THE COMPETITION 35. If the maximum number of entries (as determined from time to time) are not received as at the Closing Date or extended period, 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"). 36. The Winner of the Competition will then be determined in accordance with the method described in clause 30 above. 37. In a Default Event the Winner of the Competition will receive the Winners Pot subject to Clause 38. 38. 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 these sums is "the Prize Fund". The Prize Fund will then be distributed to the Winner. 39. All entry fees will be made through Optimal Payments and will pass to Barclaycard who will then transfer all cleared funds into a Barclays Bank ESCROW account. The bank account will be wholly controlled by OCRA (Isle of Man) Ltd and the entry fees will not be released until written confirmation has been received from the competition solicitors that the prize has been transferred to the winner. Or that the default event applies and the winner's pot has been transferred to the winner. During the competition 35 per cent of entry fees can be released from time to time, in accordance with progress 38 and 40 to cover expenses, but only upon confirmation from the Competition Solicitors that proof of expenses has been provided. OTHER ISSUES 40. By entering the Competition the Entrants acknowledge that the Promoter has incurred fees relating solely to this Competition (including legal, third party marketing fees, Website fees and costs and administration expenses). The Entrants agree that these fees, costs and expenses may be deducted from the Winner's Pot, subject to a limit of (35%) and as approved by the Competition Solicitors and the aggregate sum will be published on the Website. 41. The Promoter will display the Winner's 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, unless the Winner has checked the box to specifically request 'no publicity' at the time of entering the Competition. 42. Entrants authorise the Promoter and their 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. 43. 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 their discretion determine and in one combined payment where several entries have been made by a competitor), with the exception of those Entries declared void in accordance with Clause 52, where no refund shall be given. Where the Entry Fee is returned, the Promoter shall have no further liability to the Entrant or to any other person. 44. The Promoter makes no representation or warranty as to the Estimated 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. 45. 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. 46. 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 to satisfy him/herself as to the accuracy of any such details and/or any content of this Website. 47. 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. 48. 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. 49. 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. 50. 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. 51. 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. 52. 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. There shall be no repayment of any entry declared void. 53. 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. 54. The winner will assume responsibility for all liabilities connected to the Prize. Each Entrant should retain a copy of these Terms and Conditions for their future reference.

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