Important notice: please read the following terms and conditions carefully and make sure you understand them before clicking to accept and enter the prize draw.
Last Updated on: 1st August 2018
The following definitions shall apply in these terms and conditions:
Win A Property Limited, a limited company (with company number 11087958) whose registered office is at 93-95 Gloucester Place, London W1U 6JQ
A prize draw competition featured on the Website that entrants must take part in in order to have a chance to win a Prize (and, subject to these terms and conditions, the Prize available in relation to each Prize Draw shall be as set out on the Website).
The prize awarded following a Draw, being, depending on the circumstances, one of (i) the Property, (ii) the Substitute Cash Prize, or (iii) the Cash Option:
- Property the residential property identified in relation to the particular Prize Draw, free from all incumbrances (together with standard UK stamp duty land tax and a contribution towards the Winner’s transaction costs in accordance with clause 3.2 below).
- Substitute Cash Prize a cash sum equal to all Entry Fees in relation to the Prize Draw less: (i) the service charge levied by the provider of the Promoter Account (ii) the Promoter’s fee, and (iii) the Promoter’s reasonable administrative costs in relation to the Prize Draw.
- Cash Option a cash sum equal to 75% of an independent valuation (undertaken before the start of each Prize Draw) of the Property.
The selection of a Winner at random from a pool of all Correct Entries by an impartial adjudicator in the presence of a legal professional.
The entry into the Prize Draw that selected the point closest to the position of the centre of the ball as selected by the Panel (and Closest Entries shall refer to any two or more entrants that selected the closest point or closest points equally as close as each other) in respect of any particular Spot The Ball Challenge.
The entrant selected in the Draw having submitted the Closest Entry or selected from a pool of all entrants that submitted Closest Entries.
The minimum amount of revenue that must be generated from Entry Fees (with the service charges levied by the provider of the Promoter Account having been deducted) in relation to a particular Prize Draw in order for the Property (and, where applicable, the Cash Option) to be offered to the Winner.
The maximum number of entries in relation to a Prize Draw (as stated on the Website in relation to each particular Prize Draw).
The date on which the Prize Draw shall close for entries, being the date stated on the Website in relation to the particular Prize Draw or (if earlier) the date on which the Entry Limit is reached in relation to that Prize Draw.
The spot the ball challenge in relation to a particular Prize Draw that must be completed by all entrants in relation to each entry into that Prize Draw.
The entry fee in relation to a particular Prize Draw as set out on the Website which an entrant must pay in order to be able to take part in that Prize Draw and which shall include the service charge levied by the provider of the Promoter Account in relation to the related transfer of payment into the Promoter Account. The Entry Fee will vary from Prize Draw to Prize Draw depending on the value of the relevant Property.
The Promoter’s online merchant account provided by First Data (or such other online merchant account as nominated by the Promoter from time to time).
An independent panel of three judges appointed by the Promoter to apply their skill and relevant experience to decide the most likely location of a ball within the photograph used for the Spot The Ball Challenge in accordance with clause 6.2.
The date on which [the Draw takes place and] the Winner is announced.
2.1. The Promoter, via the Prize Draws, is offering entrants the chance to use their skill and judgment to try to submit the Closest Entry and have a chance to win a Prize.
2.2 By submitting an entry into the Prize Draw and ticking the box to accept these terms and conditions where indicated, you agree to be bound by these terms and conditions.
3.1 In the event that:
3.1.2 a Cash Option is not available in relation to the particular Prize Draw (in which case the Property shall be listed as the only available prize in relation to the Prize Draw) and the Property Threshold is equaled or exceeded by the Closing Date, the Winner shall win the Property as the Prize;
3.1.3 the Property Threshold is not equaled or exceeded by the Closing Date, the Prize shall be substituted for the Substitute Cash Prize and the Winner shall win the Substitute Cash Prize.
3.2 In the event that the Property is offered to and selected by the Winner in accordance with clause 3.1:
3.2.2 the Prize shall include the Winner’s reasonable solicitors’ fees (to include disbursements) incurred in connection with the transfer of the Property to the Winner capped at £1500 inclusive of VAT; and
3.2.3 the Prize shall include the standard rate of UK stamp duty land tax payable in connection with the transfer of the relevant residential property to the Winner calculated on the basis that such property shall be the Winner’s main residence and that the Winner does not already own a property in the UK or abroad (for the avoidance of doubt, the Winner shall be liable to pay any uplift in the amount of stamp duty land tax payable due to the ‘additional home’ rate being applicable to the transfer).
3.3 Further details of the Property are set out on the Website.
3.4 The Property will be ‘sold as seen’ by the Promoter to the Winner and the transfer shall be subject to normal English law principles which apply in respect of the sale and purchase of residential property
3.5 Save as expressly set out on the Website, furniture and other contents shall not be included in the transfer of the Property. Any fixtures and fittings that are included in the transfer of the Property shall be ‘sold as seen’.
3.6 In the event that the Property is still under development while the Prize Draw is open for entries, the Promoter shall maintain and publish on the Website an up-to-date schedule of outstanding works in respect of the Property and shall use all reasonable endeavours to ensure the Property is finished to a reasonable standard by the time of the transfer of the Property to the Winner.
3.7 The Promoter shall not be liable for any fees, expenses, tax liabilities (including but not limited to surveyors fees, additional legal fees, tax adviser’s fees and removal company fees) other than those expressly set out in clause 3.2. It is expected that the Winner shall seek his/her own professional advice in respect of the transfer of the Property.
3.8 Subject to the circumstances set out at clause 3.1, the Winner may be entitled to select the Cash Option in place of the Property. If such a selection is made, the Winner shall be entitled, on his or her reasonable request, to view such records relating to the Promoter Account as may reasonably be required to verify that the calculation of the Cash Option was reasonable and made in accordance with these terms and conditions.
3.9 In accordance with clause 3.1.3, the Prize may be substituted for the Substitute Cash Prize. If such a substitution has taken place, the Winner of the Substitute Cash Prize shall be entitled, on his or her reasonable request, to view such records relating to the Promoter Account as may reasonably be required to verify that deductions made from the Substitute Cash Prize were reasonable and made in accordance with these terms and conditions.
3.10 You acknowledge and accept that, in the event that you are the Winner, there will be a delay between the date on which you are notified that you are the Winner and the date on which the Prize will be made available to you. This will be dependent on the period of time it takes to verify your identity (in accordance with clause 8.5) and then complete the transfer of the Prize.
3.11 In the event that the Property is offered to and selected by the Winner, should the Winner then fail to instruct solicitors within 30 days of the Announcement Date, the Promoter reserves the right to select another Winner in accordance with clause 8.1. The Promoter shall have no liability to the Winner whatsoever in the event that the Winner is unable to instruct solicitors or for any other reason is unable to take up the Prize.
3.12 In the event that you win the Property and the transfer of the Property is not completed within 6 months of the Announcement Date (through no fault of the Promoter), the Promoter reserves the right to terminate the transfer process without any liability whatsoever to the Winner.
4.1 The Prize Draw shall open for entries on the date it is made public on the Website and shall, subject to clause 4.2, run until the Closing Date.
4.2 The Promoter reserves the right to change the Closing Date in the event of exceptional circumstances beyond its control which materially affect its ability to operate the Prize Draw provided any extension reasonably reflects the relevant period of disruption. In the event that the Closing Date is changed, the Promoter shall announce the updated Closing Date via a written notification published on the Website. You agree that such an announcement shall be deemed effective notice to you.
4.3 A Prize Draw shall end automatically as soon as its Entry Limit has been reached and no further entries will be accepted via the Website (or otherwise) for that Prize Draw after such point.
4.4 Notwithstanding clause 4.3, all entries to a Prize Draw (including all applicable Entry Fees) must be received by the Promoter by no later than 11.59pm on the Closing Date. If your entry and/or Entry Fee is received after the Closing Date, that entry will be automatically disqualified. In such cases the Promoter shall use all reasonable endeavours to refund the relevant Entry Fee(s) to you.
5.1 To enter the Prize Draw, you must visit the Website and complete the following steps:
5.1.2 select the Prize Draw you would like to enter (by choosing the Property you would like to have a chance of winning);
5.1.3 complete the Spot The Ball Challenge by following the instructions on screen, and in accordance with clause 6 below;
5.1.4 click where indicated to confirm you accept these terms and conditions; and
5.1.5 click to proceed to payment and transfer your Entry Fee(s) into the Promoter Account.
5.2 Your entry will be complete upon the transfer in cleared funds of the Entry Fee(s) into the Promoter Account. In the event you have been awarded Referral Credits, you may use these as payment (or part-payment if you do not have a sufficient number of Referral Credits to pay the full Entry Fee) towards any Entry Fee.
5.3 You are permitted to enter the Prize Draw multiple times, subject to paying an Entry Fee for each entry.
5.4 The Promoter shall reward you with a Referral Credit for each referral to the Website you make provided the person referred (being eligible to do so) subsequently enters a Prize Draw. Referral Credits may only be used as payment towards Entry Fee(s) in accordance with clause 5.2 and no cash alternative will be made available. Further details in relation to Referral Credits (and how you may become entitled to receive them) are set out on the Website.
5.5 The Promoter will not accept any responsibility whatsoever for entries that are prevented or delayed for any reason including (without limitation) equipment failure, technical malfunction on the Website, systems, satellite, network, server, computer hardware or software failure of any kind.
6.1 The Spot The Ball Challenge shall operate as follows:
6.1.2 using all of the information contained within the photograph, you must use your skill and judgment to try to select the location that according to the Panel (see clause 6.2) would be the most likely location of the ball if one had been present in the photograph;
6.1.3 you should then indicate the location selected in accordance with 6.1.2 above by following the instructions onscreen in order to complete the Spot The Ball Challenge.
6.2 The correct solution to the Spot The Ball Challenge shall be decided by the Panel. The Panel will apply their skill and experience to decide the most likely location of a ball within the photograph used for the Spot The Ball Challenge.
6.3 The Panel’s decision is final and binding. Neither the Panel nor the Promoter shall enter into any correspondence in respect of the Panel’s decision. The Panel’s decision will not be published or released until after the Closing Date. A list of the names of the judges making up the Panel will be published on the Website after the Closing Date for a period of 28 days.
7.1 Subject to the restrictions set out in the remainder of this clause 7, the Prize Draw is open to everyone aged 18 years or over worldwide.
7.2 The following are not eligible to enter the Prize Draw:
7.2.2 any members of the immediate family or households of anyone included at 7.2.1;
7.2.3 members of the Panel and members of their immediate families or households; and
7.2.4 any other person connected with the creation or administration of the Prize Draw; and
7.2.5 any person who is resident or present in a jurisdiction in which it would be unlawful (for that person) to enter the Prize Draw at the point of entry.
7.3 In entering the Prize Draw, you confirm that you are eligible to do so and eligible to claim the Prize. The Promoter will not be held liable if you are found to be ineligible to enter the Prize Draw, or if you are found to have entered the Prize Draw in breach of any applicable law (in your country of residence or otherwise).
7.4 The Promoter reserves the right to request proof of your eligibility at any point during or after the Prize Draw and may cancel your entry if it discovers you are ineligible to enter or if it has reasonable grounds to suspect that you have acted in breach of (or have otherwise not complied with) these terms and conditions.
8.1 The Winner will be selected by way of the Draw. In the event that:
8.1.2 in the event there are multiple Closest Entries, the Winner will be selected at random from all Closest Entries.
8.2 The Draw will take place approximately two weeks after the Closing Date and will be streamed live on the Website.
8.3 The Promoter’s decision in respect of the Winner shall be final and the Promoter will not enter into any correspondence in respect of such decision.
8.4 The Winner will be announced on the Website by the Promoter on the Announcement Date. The Winner will also be notified directly by the Promoter as soon as practicable after the Announcement Date (using the contact details provided on entry).
8.5 The Winner will be required to send to the Promoter a certified copy of his or her passport or driving licence and any other documentation that the Promoter may reasonably request to verify the Winner’s identity.
8.6 The Promoter accepts no responsibility if it is unable to contact the Winner because the Winner has provided incorrect contact details or because the Winner is not contactable. If the Winner has not been successfully contacted within 21 days of the Announcement Date, or does not promptly provide the requested documentation in accordance with clause 8.5, the Promoter reserves the right to choose another Winner in accordance with clause 8.1 and the process set out in this clause 8 shall be repeated.
8.7 If the Winner indicates in writing that they do not intend to accept the Prize for any reason, the Promoter may, at its absolute discretion, select another entrant as the Winner in accordance with clause 8.1 and, if such a selection is made, the process set out in this clause 8 shall be repeated.
9.1 Other than any statements, representations, assurances or warranties expressly set out in these terms and conditions and on the Website, you cannot not rely on, and shall have no remedies for, any statement, representation, assurance or warranty (whether made innocently or negligently) made by or on behalf of the Promoter in respect of the Property or otherwise.
9.2 Other than the fees and costs set out in clause 3.2 the Promoter shall have no liability whatsoever in respect of any other costs or expenses incurred by the Winner, whether in respect of the transfer of the Property or in relation to the Cash Option or Substitute Cash Prize.
9.3 The Promoter will not in any circumstances be responsible or liable for any loss, damage, personal injury or death occurring as a result of taking up the Prize, except where it is caused directly by the negligence of the Promoter or its employees or agents. Your statutory rights are not affected.
9.4 Notwithstanding the above, and to the fullest extent permitted by law, except where you have been selected as the Winner (and, then, strictly provided you have not been unable to take up the Prize in accordance with these terms and conditions) the Promoter’s total liability to you shall not exceed the return of monies transferred by you to the Promoter Account as Entry Fee(s) in relation to the Prize Draw.
10.1 In the event that you are the Winner, you agree that the Promoter may use your name and town or county and country of residence in order to be able to publicly announce the Winner and you agree to comply with the Promoter’s reasonable requests in relation to any other reasonable and related promotional purposes.
11.1 If the Promoter has any reasonable suspicion that you may have acted in breach of these terms and conditions, the Promoter may, at its sole discretion, exclude you from participating in any or all Prize Draws.
11.2 The Promoter reserves its right to hold void, suspend, cancel, or amend any Prize Draw if it becomes necessary to do so due to circumstances outside its control. In the event of cancellation, the Promoter shall refund to you the Entry Fee(s) that you have paid to enter the relevant Prize Draw.
11.3 These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.