Terms & Conditions
NOTICE. Term 18 was amended on 25/08/2020 to allow for refunds to be made in extreme circumstances, such as ineligible applications. Please see the amendment for the further details.
NOTICE. The Closing Date was amended on 31/08/2020 to 1/11/2020. Please see the Closing Date definition for details.
The following definitions apply in these Terms and Conditions:
CHARITY: means St Barnabas Hospices (Sussex) Ltd of St Barnabas Hospice, 2 Titnore Lane, Goring-by-Sea, Worthing, West Sussex BN12 6NZ which oversees the running of both St Barnabas Hospice for adults, and Chestnut Tree House children’s hospice. Registered as a company in England and Wales under company number 930107 and registered charity number 256789.
CHARITABLE DONATION: means 10% of the total value of the Paid Entries. The donation shall be paid to the Charity within 28 days of the Draw Date, and shall be used or spent by the Charity at its own discretion.
CLOSING DATE: means 11:59pm on 1st November 2020, subject to any extension provided for under Term 29.
COMPETITION: means the competition operated by the Promoter to which these Terms and Conditions apply, wherein the Entrants submit Entries via the Website or by post to be eligible to win the Prize.
CORRECT ENTRY: means an Entry to the Competition where the Entrant has completed or answered the Question correctly in all respects.
DRAW: means the choice of an Entry, made at random, which may be made by manual, mechanical or electronic means (at the Promoter’s sole discretion) on the Draw Date to determine the Winner, and DRAWN shall be construed accordingly.
DRAW DATE: means a date no later than 14 days after the Closing Date, to be decided by the Promoter at his sole discretion.
ENTRANT: means any individual natural person (i.e. excluding limited companies, partnerships, limited liability partnerships or any other business or commercial vehicle) who submits an Entry to the Competition, in accordance with these Terms and Conditions.
ENTRY: means a valid Paid Entry or Postal Entry and ENTRIES shall mean more than one Entry.
ENTRY FEE: means the entry fee of £2.00 (two pounds) payable as a condition of submitting a Paid Entry.
MINIMUM NUMBER OF ENTRIES: means 750,000 Paid Entries
OPENING DATE: means 20th July 2020
PAID ENTRY: means a validly submitted and completed Entry via the Website, wherein the Entrant has paid the Entry Fee, and PAID ENTRIES shall mean more than one Paid Entry.
POSTAL ENTRY: means a validly submitted and completed entry by the Entrant, in accordance with Term 4 , to enter the Competition and become eligible to win the Prize and POSTAL ENTRIES shall mean more than one Postal Entry
PRIZE: means (1) the Property Transfer, (2) a cash sum (limited to £91,250) sufficient to cover the Winner’s Stamp Duty Land Tax payable in respect of the Property Transfer, and (3) a cash sum (limited to £1,200) for the Winner to put towards their legal costs, expenses, disbursements and related VAT in respect of the Property Transfer. The Winner will also benefit from council tax on the property being paid up to the end of March 2021.
PROPERTY: means Painter’s Keep, Seaview Avenue, Kingston Gorse, Nr East Preston BN16 1RZ registered at Land Registry with title number WSX61615, formerly known as The Tower, Seaview Avenue, Kingston Gorse, Nr East Preston BN16 1RZ.
PROPERTY TRANSFER: means the legal transfer of the Property’s freehold title into the Winner’s name.
PROPERTY MARKET VALUE: means £1,250,000 as verified by two independent valuers in February 2020, but no guarantee is given as to the future value of the Property as this could change with market fluctuations.
PROMOTER: Peter Pearce of Painter’s Keep, Seaview Avenue, Kingston Gorse BN16 1RZ
SHARED LINK WINNER: means the Entrant whose Paid Entry’s shared URL raises the most in Paid Entry ticket sales. The winners of this award will be announced on the Draw Date.
SHARED LINK PRIZE: means a cash prize of £10,000
SUBSTITUTE PRIZE: means a cash prize payable to the Winner in the event of a draw made under Term 31, equal to 80% of the total value of the Entry Fees received up to the Closing Date less (1) the Promoter’s costs and overheads to operate the Competition, including the payment processing system and bank fees, and (2) the amount of the Charitable Donation.
QUESTION: The question set out on the entry form of the Website, which the Entrants must complete or answer correctly within any time stipulated, to qualify as a Correct Entry and obtain an opportunity to win any prize in the Competition.
WINNER: The Entrant corresponding to the first Correct Entry Drawn on the Draw Date and in accordance with these Terms and Conditions.
The following Terms and Conditions apply to all Entries submitted to the Competition.
Terms & Conditions
In entering the Competition, Entrants will be required to tick on the Website that they have read and accepted these Terms and Conditions, have agreed to be bound by them and are over the age of 18.
1. The Property is owned by, and the Competition is operated by, the Promoter. The Promoter is free to offer the Property Transfer as a prize in this Competition.
How to Enter
2. By submitting an Entry, Entrants agree to be bound by these Terms and Conditions. If you do not so agree, do not submit an Entry.
3. To validly enter the Competition Entrants can:
a. submit a valid Paid Entry on the Website before the Closing Date, and/or
b. submit a valid Postal Entry in accordance with Term 4 before the Closing Date.
4. Postal Entries will only be valid if:
a. they are submitted on an individual postcard addressed to “Dream Home Prize Draw, Painter’s Keep, Seaview Avenue, Kingston Gorse, Nr East Preston BN16 1RZ”. Any attempted entries or postcards received in envelopes shall not be accepted and will be void.
b. The postcard is sent by first class stamp, and contains the Entrant’s name, telephone number, email address (if the Entrant has one), postal address, date of birth, and the correct answer to the Question from the Website. For the avoidance of doubt, any postcards which do not contain this information, are not clearly legible, or are not written in English shall not be accepted and will be void.
5. Only one Postal Entry per Entrant is permitted, and if more than one Postal Entry is received from any Entrant, only their first one will be accepted as valid.
6. Postal Entries will not receive any acknowledgment or reply.
7. At the Promoter’s sole discretion, the requirement to pay the Entry Fee may be satisfied by redeeming an online voucher code or credit provided to the Entrant under one of its promotional schemes. Entries so credited as paid shall have the same status as Paid Entries except that they shall not count towards the calculation of the Minimum Number of Entries.
8. Subject to Term 9, payment of the Entry Fee shall be processed by Stripe. Card payments will be processed in accordance with Stripe’s terms and conditions, which shall be available to view by following the link on the payment pages: https://stripe.com/gb. The Entry Fee must be received by the Promoter in pounds sterling only and if you make payment in a different currency, the amount you pay in that currency may have currency exchange and international transfer charges added.
9. The Promoter reserves the right to change the payment processing company or system used, but any Entries received prior shall remain valid and unaffected.
11. The Promoter will store and process the Entrant’s personal information, which must include details of at least one form of contact which will be used for the following purposes:
a. to notify the Winner and Shared Link Winner that they that they have won the Prize and Shared Link Winner’s Prize respectively;
b. to administer the Website and conduct the Competition; and
c. after a Draw, to post the Winner’s first name only and town of residence on the Website and in other publicity about the Competition.
d. After the Draw to provide details of the Winner and/or the Shared Link Winner to comply with any request by any appropriate governing or regulatory body.
12. All Entrants are solely and completely responsible for providing the Promoter with accurate and current contact details.
13. The Promoter will not be 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 the Entrants or otherwise.
14. The Promoter will not accept:
a. responsibility for Entries that are lost, mislaid, damaged or delayed in transit, regardless of cause including but not limited to lost or delayed entries in the post, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or
b. any other purported proof of entry to the Competition other than as recorded by the Website’s systems.
15. An Entry shall be declared void (without any refund being given) if the Entrant engages in, or attempts to engage in any form of fraud, misrepresentation, concealment, hacking or interference with the proper functioning of the Website, or the amendment or unauthorised use of any of the code, programs or software that constitutes the Website.
16. Only valid Entries will be entitled to participate in the Competition and only Correct Entries will proceed to the Draw phase and be eligible to win any prize in the Competition.
17. All Entries will become the property of the Promoter upon receipt and will not be returned.
18. All Entries to the Competition are final and no refunds shall be made at any time or for any reason, except in the case of (a) Entries submitted after the Closing Date for which payment has been taken, or (b) Entries made in error, where for example (but not limited to) the Entrant was not eligible to enter the Competition, or the Entrant used incorrect payment details, in which case the Promoter may agree to a refund at his sole discretion.
19. The Competition is open for entry only to private individuals (i.e. excluding limited companies, partnerships, limited liability partnerships or any other business or commercial vehicle) aged 18 or over, excluding:
a. the Promoter, or his immediate family; or
b. anyone directly connected with the development or operation of the Website, the payment processing system, or the conduct, administration or marketing of the Competition in any way, shape or form; or
c. anyone directly employed by the Charity.
20. In entering the Competition, all Entrants confirm that they are eligible to do so and eligible to claim any prize awarded in this Competition. The Promoters may require any Entrant to provide evidence that they are eligible to enter the Competition.
21. The Promoter will not accept Entries that are:
a. automatically generated by computer;
b. illegible, have been altered, reconstructed, forged or tampered with;
c. incomplete; or
d. from countries disallowed by its payment processing system, including: Ukraine, Cuba, Iran, North Korea & Syria
22. The Promoters reserve all rights to disqualify Entrants if their conduct is contrary to the spirit or intention of the Competition.
23. In completing or answering the Question, the Entrant recognises that they may have a time limit and will be required to exercise skill and judgment to ensure they have submitted a Correct Entry.
24. The Promoter reserves the right at any time during the Competition and with immediate effect to amend the Question. Any such change shall not affect the validity of any entries received prior to the time of such change.
25. By entering the Competition, all Entrants warrant that all information which they submit 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.
The Prize and the Draw
26. The title of the Competition is ‘Dream Home Prize Draw’.
27. The Winner and the Shared Link Winner will be determined and awarded the prizes so specified on the Website and in accordance with these Terms and Conditions.
28. The Draw to determine the Winner and the announcement of the Shared Link Winner will be made on the Draw Date, which may be extended under Term 29.
29. The Promoter may, at his sole discretion, and at any time during the Competition up to the end of the Closing Date, extend the Closing Date by up to three months from the originally intended Closing Date. The Promoter will give notice of any such extension on the Website.
30. If by the Closing Date at least the Minimum Number of Entries has been received, the Competition will close and on the Draw Date:
a. there will be a Draw to determine the Winner, and the prize shall be the Prize as defined above, and
b. the Shared Link Winner will be announced and they will be awarded the Shared Link Winner’s Prize.
31. If by the Closing Date, the actual number of Paid Entries received is less than the Minimum Number of Entries, the Competition will close and on the Draw Date there will be:
a. A Draw to determine the winner of the Substitute Prize, and
b. the Shared Link Winner will be announced and they will be awarded the Shared Link Prizes
32. If the Winner cannot be contacted by the Promoter within 21 days of being notified of their status as the Winner by e-mail and/or telephone using the contact details submitted in their Entry, the Promoter shall be entitled to award their Prize to the Entrant next Drawn.
33. If the Shared Link Winner cannot be contacted by the Promoter within 21 days of being notified of their status as a Shared Link Winner by e-mail and/or telephone using the contact details submitted in their Entry, the Promoter shall be entitled to award their Shared Link Winner’s Prize to the Entrant whose Paid Entry’s shared URL raises the next most amount of Paid Entry ticket sales.
34. The Promoter shall take all reasonable steps to ensure and preserve the random nature of the Draw but shall not be required to comply with any particular regulatory or other standards in this respect. The conduct of the Draw shall be verified by a person, people, agent, software or company who are independent of the Promoter and any Entrant, and the Promoter shall where practically feasible broadcast live streaming video of the Draw on a widely available social media platform and/or the Website. The result of the Draw will be final and the Promoter shall not enter into any correspondence in relation to the same.
35. On the Draw Date or shortly thereafter, the Promoter shall calculate the Charitable Donation and shall publish the details on the Website. The Promoter’s calculations of the Charitable Donation shall be final and no correspondence shall be entered into in relation to it.
36. The Winner and the Shared Link Winner will be required to forward a copy of their passport or driving licence together with a recent utility bill or bank statements to the Promoters to prove their identity and that their Entry was made using a valid debit/credit card belonging to the Entrant or used with the express authorisation of the card holder and that there is no lawful impediment (pursuant to any applicable UK or international law) to the Winner or Shared Link Winner being awarded any prize in the Competition. In the event that Promoter reasonably believes that there may be a lawful impediment to awarding a prize to a Winner or Shared Link Winner, the Promoter may suspend making such award until the legal issue is resolved, or if, in the reasonable opinion of the Promoter such issue cannot be resolved, to award that prize in a like manner as set out in Terms 32 and/or 33 above.
37. The Promoter will arrange for the Property to be transferred into the Winner’s name subject to the terms of a separate sale contract and instrument of transfer to be entered into between the Promoter and the Winner, free from any charges, mortgages or other encumbrances to its legal or equitable title and subject always to compliance with all applicable law. The Promoter shall not be responsible or liable for any matters arising out of the conduct of the transfer of the Property including without limitation any negligence of any conveyancers.
38. The Promoter does not in any way guarantee or give any warranties as to the value of the Property, its condition, history or any other matters associated with the Property and the sale contract for Property will exclude all such matters.
39. Any Stamp Duty Land Tax (SDLT) and contribution to SDLT as part of the Prize will only be paid in the event of a Draw conducted under Term 30 and then only to the extent that SDLT is actually payable. No warranty is given that that the contribution to SDLT will cover all of the SDLT which may be payable by the Winner.
40. The Winner will be responsible for any other taxes they become liable for as a result of their own personal circumstances.
41. The Promoter will not accept responsibility or liability for any changes in the Winner’s personal financial position or circumstances following the Property Transfer, including but not limited to the reassessment of any welfare or state benefits or tax credits, or any income or asset based liability to any third party. If the Entrant is concerned about this they should take their own independent legal advice before submitting an Entry.
42. The Winner shall become responsible for all outgoing costs related to the Property from the date of the Property Transfer onwards, including but not limited to council tax, and the cost of the supply of any utilities.
43. The Promoter and the Winner shall take all necessary steps and use all reasonable endeavours to ensure that the Property Transfer completes within 3 months of the Draw Date.
44. The Promoter shall only deal with any Winner or Shared Link Winner or their Estate (in the case of their prior death) and no prize in the Competition is transferable.
45. The Winner and the Shared Link Winner will be announced and publicised on the Website and any other appropriate marketing literature and/or social media related to the Competition.
Limitation of Liability
46. Insofar as is permitted by law, the Promoter, their agents or distributors will not in any circumstances be responsible or liable to compensate any Entrant or accept any liability for any loss, damage, personal injury or death occurring as a result of submitting an Entry or in relation to the Property except where it caused by the negligence or fraud of the Promoter, their agents or distributors, or that of their employees. The Winner’s statutory rights are not affected.
47. The liability of the Promoter to each Entrant is limited to the aggregate value of the Entry Fees paid by that Entrant.
48. The Promoters accept no liability for errors or omissions contained within the description of the Property or the Property Value or for any other description or specification or any other part of the Website. It is the responsibility of each Entrant (and in particular the Winner) to satisfy him/herself as to the accuracy of any such details and/or any content of the Website.
49. Each Entrant agrees that due to the nature of the Competition, the usual requirement under the Consumer Protection (Distance Selling) Regulations 2000 for any goods and services ordered online to be supplied within 30 days shall not apply to the Competition.
50. The Promoter shall not be a trustee of any Entry Fees received.
51. The Promoters reserve the right to suspend or cancel the Competition at any time either before or after Entries have been received. If the Competition is cancelled, the Promoter will return the Entry Fees to each Entrant by bank card refund. Any refund of the Entry Fee may be subject to deduction of any irrecoverable service charge fees, which are 50p per ticket. Where the Entry Fee is returned, the Promoter shall have no further liability to the Entrant or to any other person.
52. Without prejudice to the operation of Term 51 above, the Promoters will have the right to cancel the Competition at any time in the event that the Question is not effective in excluding a significant proportion of the Entrants from entry into the Draw phase of the Competition.
53. Without prejudice to the operation of Term 51 above, the Promoters reserve the right to cancel the Competition in the event that an order is made or a petition is passed for the bankruptcy of the Promoter, or an order is made for the appointment of a trustee in bankruptcy to manage the affairs of the Promoter, or circumstances arise which entitle a court or creditor to appoint a trustee in bankruptcy, receiver or administrator.
54. The Promoter reserves the right to make reasonable amendments to these Terms and Conditions at any time, with immediate effect upon publishing such amendments on the Website. Any such amendments shall not prejudice any Entries received prior to the time of such changes.
55. 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.
56. The Competition, its administration and all associated activities shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
57. Each Entrant should retain a copy of these Terms and Conditions as at the date of their Entry for their future reference.