TERMS & CONDITIONS FOR PRIZE COMPETITION AND WEBSITE USE
Please read these terms and conditions carefully before entering the Competition. Please print and retain a copy of these terms and conditions for your future reference.
PLEASE CLICK ON THE BUTTON MARKED "I ACCEPT" AT THE END OF THESE TERMS AND CONDITIONS IF YOU ACCEPT THEM. YOU CANNOT ENTER THIS COMPETITION IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS.
1. The definitions below apply in these Terms and Conditions.
OPENING DATE: 9.00 am GMT on 19th May 2009.
CLOSING DATE: 9.00pm GMT on 15th December 2009 or such later date as the Promoter may determine in accordance with these Terms and Conditions or, if earlier, the date the maximum number of entries is reached.
COMPETITION: The competition operated by the Promoter to win Prizes in accordance with these Terms and Conditions.
ENTRANT: Any person aged 18 or over excluding employees of JTRL Ltd, the independent judge and members of their immediate family (being parents, siblings, children or grand-parents), the company’s professional advisers, its agents or anyone else connected with the development or operation of the Website or the administration of the competition who enters the Competition through the Website to win a prize. The entrant is referred to as "you" in these Terms and Conditions.
ENTRY FEE: £17.39 plus VAT (£20 total)
MAXIMUM NUMBER OF ENTRIES: 200,000 paid for tickets (not including any tickets which are free under the terms of any promotional scheme. The actual maximum number of tickets that are entered for the purposes of the competition may therefore exceed 200,000)
PRIZE: Prize means the First Prize and/or the Runners Up Prizes as appropriate.
FIRST PRIZE: The first prize is EITHER
(a) the Property full details of which are set out in the Website; and
(b) the new Aston Martin DB motor car full details of which are set out in the Website; and
(c) the new Sealine sportsboat full details of which are set out in the Website; and
(d) a cash contribution of £85,000 to assist with payment of stamp duty and legal expenses in connection with the transfer of the Property and the running costs associated with the Property, the motorcar and the sportsboat for the first year of ownership such costs to be paid by JTRL Ltd to HMRC, the solicitors’ firm dealing with the conveyance and other third parties who charge such costs, such as insurance
At the election of the First Prize Winner under the provisions of clause16 a cash prize of £1,000,000
OPTION 3 (ALTERNATE PRIZE IN EVENT THAT 150,000 PAID FOR TICKETS ARE NOT SOLD)
Only in the event that 150,000 tickets have not been purchased (not including any free tickets under a promotional scheme), at our discretion instead of the other prizes above we may award the cash prize determined in accordance with clause 26 below. With any of the above First Prize Options the winner will also receive £500 worth of tax advice from Samuels LLP Accountants.
RUNNERS UP PRIZES: There are ten runner up prizes consisting of His and Hers sets of Omega Seamaster watches. The Runners Up Prizes will be awarded in accordance with clause 18
PROMOTER: JTRL Limited, C/o Neumans LLP, company number 6750542 whose registered office is at and whose address for correspondence is at Acorns, Copt Hall Road, Ightham, Sevenoaks, Kent TN15 9DT. VAT Registration Number: 942 2373 33. The Promoter is operating the Competition and is referred to as "we", "our" and/or "us" in these Terms and Conditions.
PHOTOGRAPH: The sporting photograph displayed on the Website
RUNNERS UP: Those ten persons (in descending order) who, after the First Prize Winner, in accordance with the decision of an independent judge pursuant to clause 18, have most accurately identified the correct location of the ball on the Photograph and whose entrance application has been received by the Promoter by the Closing Date in accordance with these Terms and Conditions
TOTAL ENTRY FEES PAID: The total amount that we receive, less VAT, from the sale of the tickets.
ADMINISTRATION COSTS: The costs that we incur in setting up, running and administering the competition, including the cost of the Runners Up Prizes (but not the cost of the First Prizes), legal costs, accountant’s costs, marketing costs, public relations costs, advertising costs, information technology costs, web design and support costs, costs we pay web affiliates, and the cost of processing payments.
FIRST PRIZE WINNER: The person who has most accurately identified the correct location of the ball on the Photograph, in accordance with the decision of an independent judge pursuant to clause 18, and whose entrance application has been received by the Promoter by the Closing Date in accordance with these Terms and Conditions.
WINNERS: The First Prize Winner and Runners Up or any of them as appropriate.
B. HOW TO ENTER THE COMPETITION
2. To enter the Competition you must follow the instructions on the Website and pay the entry fee of £20 for each entry (other than any free entry under the terms of any promotional scheme). You must use your skill and judgement to correctly identify the location of the golf ball in the Photograph. Prizes are not allocated by chance.
3. The Entrant closest to the position of the ball as determined in clause 18 is the First Prize Winner. You can only enter the Competition if you have a valid email address and you have submitted all the information required on the Website. Once your Entry has been submitted your card payment will be electronically approved. Entry to the Competition will only be confirmed on approval of the payment. You are responsible for making sure that your details are correctly entered onto the Website.
4. After you have entered the Competition, you will receive an email confirming your payment and a confirmation receipt with your entry number. It is your responsibility to contact us if you do not receive the combined email of confirmation of your payment and a confirmation receipt with your entry number within 5 working days of your submission of any entry. Please contact us via email at email@example.com.
5. Payments will only be accepted in pounds sterling. Payment of the entry fee does not guarantee that you will win a prize.
6. All entries to the Competition are final.
7. If your details change after you have entered the Competition, you will be responsible for letting us know the change in your details. Please contact us via email at firstname.lastname@example.org.
8. By entering the Competition, you warrant that all of the information which you have submitted is true, accurate, complete and up to date.
10. By accepting these Terms and Conditions you confirm that you are not breaching, and agree not to breach, any laws in your country of residence regarding the legality of entering the Competition. The Promoter will not be liable in any way if an entrant enters the Competition unlawfully and such entries will be void. If you are in any doubt, then you should immediately leave the Website and check with the relevant authorities in your country of residence.
D. THE PRIZES
12. We do not in any way guarantee the Property’s structural or cosmetic condition or its ability to be sold by the First Prize Winner. We are not responsible or liable in any way for the valuation of the Property and make no representation or warranty in respect of the accuracy of the valuation. You acknowledge and accept that the valuation is subject to change (upwards or downwards) for reasons beyond our control. All measurements relating to the Property as shown on the Website are approximate. No appliances in the Property have been tested. The details produced on the Website were produced in good faith and are believed to be accurate.
13. The Property will be transferred to the First Prize Winner with vacant possession and free from all mortgages, charges and other encumbrances save as recorded under title number K576211.
14. You should make and rely on your own enquires and legal advice about the Prizes before entering the Competition. You are responsible for the stamp duty and other legal costs incurred in transferring the Property into your name although JTRL Ltd will pay these costs on your behalf out of the £85,000 cash contribution. You will ensure that the Property is registered at HM Land Registry in your name on completion and that the motorcar and sportsboat are correctly registered in your name on delivery.
15. We have not made or given any person any authority to make or give any representation or warranty whatsoever in relation to the Property, the Prizes or the Competition.
16. Should the First Prize Winner so choose, he or she may elect to take a cash prize of £1,000,000 instead by giving written notice of such election to the Promoter within 10 working days of notification of their status as First Prize Winner. Such written notice is to be made either by post to the registered address of the Promoter (as referred to in clause 1) or by email to email@example.com
E. THE COMPETITION
17. The Competition will close on the Closing Date or earlier, if the maximum number of entries have been purchased before the Closing Date. We have the right to extend the Closing Date if 100,000 entries have not been purchased by the Closing Date (see clause 25 below). The process to determine the Winners will begin the next business day after the Closing Date, or the next business day after the day that the maximum number of entries is reached.
18. The winning position of the ball will be determined by an independent judge (a sporting expert chosen by the Promoter) using his sporting experience and knowledge in the presence of a lawyer and a representative of the Promoter. The Winners will be the entrants whose selections are nearest to the judge’s selection (in descending order). The First Prize Winner will be the person who correctly identifies, or if no one is correct, who is closest to, the grid square co-ordinates within which the centre of the ball is judged to be located. In the event of a tie between any of the entrants, they will be asked to take part in another "spot the ball" competition so that we can determine a single First Prize Winner. The entry mechanism will be exactly the same as before but with a new golf photograph and there will be no entry payment due. The Competition will be judged in exactly the same way to determine the First Prize Winner. In the unlikely event there is another tie the process will be repeated until there is a single First Prize Winner. The independent judge’s decisions as to the correct grid square co-ordinates and the Promoter’s decisions as to the winners are final and no correspondence will be entered into about the result of the Competition following the determination of the Winners as described above.
19. Information about the Winners will be posted on the Website within 28 days of the Competition closing. Winners will be notified by email within 48 hours of becoming a Winner.
20. The Winners will be required to forward a certified copy of their passport or driving licence and a utility bill not more than 3 months old to us in order to prove their identity. The Winners will also be required to provide evidence that their entry was made using a valid debit/credit card belonging to the entrant or used with the express authorisation or the card holder.
21. If any Winner has not contacted the Promoter within 56 days of being notified by the Promoter of their status as the Winner to communicate their acceptance of the Prize, the Promoter shall be entitled to award the Prize to the entrant whose selection was the next closest ("Alternate Winner"). The Alternate Winner shall have 28 days from notification of their status by the Promoter to communicate their acceptance of the Prize, in which case the original Winner chosen shall not be eligible for any share of the Prize. In such an eventuality we will have no liability to the original Winner for the failure to win the Prize.
22. In the event the Alternate Winner does not communicate their acceptance of their Prize within the period specified at clause 21 the Promoter shall be entitled to award the Prize to the next entrant whose selection was the next closest, and clause 21 and this clause shall apply to that person as if that person was the Alternate Winner, and so on until a person accepts the Prize. We shall have no liabiltity to any Alternate Winners who do not accept the Prize within the stipulated time frame.
23. If the First Prize Winner is entitled to and chooses to receive the Property, the First Prize Winner will be required to sign a transfer deed to transfer the Property into the First Prize Winner’s name within 28 days (or such other greater number of days as the promoter shall determine) of acceptance of their status as First Prize Winner
24. The Prizes are non-transferable.
F. WHAT HAPPENS IF WE DO NOT RECEIVE ENOUGH ENTRIES BY THE CLOSING DATE?
25. If the closing date is reached and 100,000 tickets have not been sold (not including any tickets which are free under any promotional scheme) then we can either:
- . extend the Competition for three months (which we may only do once); or
- . close the Competition.
26. If, after we close the Competition (including after any extension under clause 25 above) at least 150,000 tickets have not been purchased (not taking into account any tickets which are free under any promotional scheme) we can at our discretion award the First Prize Winner (determined in accordance with clause 18) instead of the other options for the First Prize, a cash prize calculated as follows:
71% of our Net Receipts, (our Net Receipts are the Total Entry Fees Paid less our Administration Costs), subject to a minimum amount that the First Prize Winner will receive of £10,000 and a maximum amount that the First Prize Winner will receive of £1,000,000.
27. The 10 Runners Up (determined in accordance with clause 18) will each receive the Runners Up Prize.
G. GENERAL MATTERS
28. Subject to clauses 29 to 31 we reserve the right to amend these Terms and Conditions at any time. We shall publish any changes to these Terms and Conditions on our website. We shall not use this power to amend clauses 25, 26, 27, 28, 29, 30, 31, 33, 49, 50 or 60.
29. We will not make any amendments under clause 28 that are to your detriment unless it is reasonable for us to do so, taking into account, among any other relevant matter, any reasonable expectations that you may have, and any reasonable needs of our business.
30. We shall not use our power under clause 28 to amend clause 18 unless it proves impossible, impractical or un-commercial for us to operate clause 18. If we amend clause 18 we shall limit our amendments to achieving as far as possible a suitable alternative method of determining the Winners, having regard to the skill and judgment exercised by the Entrants.
31. We shall not use our power under clause 28 to amend the definition of "First Prize". We shall only use our power under clause 28 to amend the definition of "Runners Up Prize" if it proves impossible, impractical or un-commercial for us to obtain the Runners Up Prizes, in which case we shall only use the power to replace the Runners Up Prize with similar products of identical or greater value.
32. We reserve the right to disqualify you (entirely at our own discretion) if there are reasonable grounds for believing that you have acted in breach of any of these Terms and Conditions.
33. We reserve the right to cancel the Competition at any time whether before of after the tickets have been sold if the Competition is found to be or becomes unlawful or we are unable to carry out the Competition because of any legal or regulatory requirement applicable to us or imposed on us. If the Competition is cancelled we will return your entry fee to you (either by bank or credit card refund or by cheque and in one combined payment where several entries have been made by an entrant). Where the entry fee is returned, we will have no further liability to you or to any other person.
34. We shall be entitled to declare an entry void if the entrant engages in:
- . any form of fraud (actual or apparent);
- . fraudulent misrepresentation;
- . fraudulent concealment;
- . hacking or interference with the proper functioning of the website; or
- . amending, or unauthorised use of, any of the code that constitutes the Website.
35. If an entry is declared void, your entry fee will not be refunded.
36. In the event of any error, whether printing, technological or otherwise, which affects the Competition in any way, we reserve the right to administer the Competition as though the error had not occurred, unless it would be manifestly unfair for us to do so.
37. You agree 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.
H. WEBSITE USAGE
WE DRAW YOUR ATTENTION TO THIS SECTION WHICH DETAILS HOW WE LIMIT OUR LIABILITY TO YOU.
38. Access to this Website is permitted on a temporary basis. We reserve the right to withdraw or amend the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time we may restrict your access to some or all of the Website, or we may close it indefinitely.
39. We are the owner or the licensee of all intellectual property rights in this Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
41. Commentary and other materials posted on the Website are not intended to amount to advice. We are not liable or responsible for any reliance placed on such materials by you or anyone who you may inform of any of its contents. The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy.
42. To the extent permitted by law, we, hereby expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results or the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- . loss of income or revenue;
- . loss of business;
- . loss of profits or contracts;
- . loss of anticipated savings;
- . loss of data;
- . loss of goodwill;
- . wasted management or office time; and
- . for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
43. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful (together referred to as "Viruses"). You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack.
44. By breaching clause 43, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your rights to use this Website will cease immediately.
45. You may not link to the Website without the Promoter’s prior written permission. The Website must not be framed on any other site without the Promoter’s prior written permission. The Promoters reserve the right to withdraw linking and framing permission without notice.
46. Where the Website links to other sites and resources provided by third parties, these links are provided for your information only. The Promoter has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
I. LIMITATION OF LIABILITY
WE DRAW YOUR ATTENTION TO THIS SECTION WHICH DETAILS HOW WE LIMIT OUR LIABILITY TO YOU
47. This Section sets out the entire financial liability of the Promoter (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to each Entrant in respect of any breach of these Terms and Conditions.
48. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
49. The Promoter’s total liability to each Entrant (other than a Prize Winner) in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise (including disappointment) arising in connection with:
any person’s entry into the Competition; or
the award, or non award, to an Entrant of a Prize; or,
a person taking part or not being able to take part in a Competition; or
any act or omission of the Promoters, their servants or their agents in developing, planning and administrating the Competition, distributing the Prize to the Winner; or
the performance, or contemplated performance, of these Terms and Conditions
shall be limited to the total amount paid by that Entrant for tickets for the Competition.
50. Subject to clause 51 below the promoter’s total liability to the First Prize winner shall be limited to £1,000,000. The promoter’s total liability to the Runners Up shall be limited to £20,000.
51. In the event that the First Prize Winner, any Alternate Winner or any of the Runners Up fails to notify the promoter of their acceptance of the relevant prize the promoter shall have no liability in respect of that failure to notify or otherwise for the failure to win the relevant prize, and in these circumstances the Promoter’s total liability to such a person shall be as set out in clause 49 as if the words "other than a Prize Winner" were omitted.
52. We shall not be liable for any failure or inability to make contact with you which results from any errors, omissions or inaccuracies in the contact details provided by you or otherwise.
53. We accept no liability for errors or omissions contained within the prize details, description or specification or any other part of the Website and/or these Terms and Conditions. It is your responsibility (and in particular that of the Winners) to satisfy yourself as to the accuracy of any such details and/or any content of the Website.
54. We do not in any way guarantee the value of the Property, the Motorcar or the Motorboat at the time of their transfer to the First Prize Winner, nor do we make any representation as to their value in the event that a cash distribution is made under Section F.
55. We are not liable for any costs in connection with the transfer of the Property or the running costs of the First Prize beyond payment of the cash prize of £85,000.
56. We will not be liable for any loss suffered by you as a result of incomplete entries or failed computer communications or for any loss suffered as a result of use of the Website.
57. We do not accept responsibility for entries which we do not receive as a result of failures in computer systems, other malfunctions, high internet traffic, hardware failure, software failure, server faults or any other reason. It is your responsibility to contact us if you do not receive the combined Email of confirmation of your payment and a confirmation receipt with your entry number as described in clause 4 within 5 days of the submission of any entry.
58. We will not be liable for any loss or damage caused by a denial-of-service attack or Viruses that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
59. We will not be liable for any circumstances beyond our reasonable control which prevent the Competition from being fulfilled, a winner being chosen, or a prize being taken up or fully enjoyed by a winner.
60. Nothing in these Terms and Conditions shall affect:
- the Promoter’s liability for death or personal injury arising from the Promoter’s negligence; nor
- the Promoter’s liability for fraud or fraudulent misrepresentation, nor
- any other liability which cannot be excluded or limited under applicable law.
61. If any provision of these Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Terms and Conditions, and the validity and enforceability of the other provisions of these Terms and Conditions shall not be affected.
62. If a provision of these Terms and Conditions (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
63. These Terms and Conditions constitute the whole agreement between the Entrant and the Promoter.
64. The Entrant shall not assign, transfer, charge, mortgage, or deal in any other manner with all or any of its rights or obligations under these Terms and Conditions.
65. No third party shall have any rights under or in connection with these Terms and Conditions.
66. Any notice served on us under these Terms and Conditions shall only be valid when received by us at our registered address or any Email address we have stipulated for that purpose under these Terms and Conditions.
67. These Terms and Conditions and the Website, and any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by, and construed in accordance with, the law of England and Wales. Any dispute arising between the Entrant and the Promoter in connection with these Terms and Conditions shall within 7 days of either party giving written notice to the other be immediately referred to mediation by a single mediator jointly decided between the parties or elected by the Centre for Effective Dispute Resolution. In the event that the mediation is unsuccessful the parties are free to pursue any dispute as they choose.
Descriptions of First Prize for Website
PROPERTY: The property known as Acorns, Copt Hall Road, Ightham, Sevenoaks, Kent TN15 9DT England (excluding any fixtures, fittings and furnishings) registered at HM Land Registry under Registered Title Number K576211.
MOTOR CAR: New Aston Martin DBS to be delivered to the Property on completion
SPORTSBOAT: New Sealine 35 Sport to be delivered to its mooring at Brighton Marina on completion