Terms and conditions
Terms and Conditions Created on March 30th 2021
Terms and conditions amended on April 10th, 2021.
This draw opens on April 2nd, 2021. This website and competition are operated by `winmyspanishvilla.co.uk` and 'winmyspanishvilla.com' also referred to herein as `we` or `us`.
The first 10 days from the launch of the Competition will operate as a 'soft-launch' period - this is done in order for us to undertake some live tests, fine tune our marketing and stress test the website.
1.1 “COMPETITION”: The Competition operated by the owners of the Villa as promoters, to which these Terms and Conditions apply, wherein the Entrants submit entries via the website www.winmyspanishvilla.co.uk or by post to qualify for one free entry to the prize draw.
1.2 `PRIZE`: Deed transfer and ownership of Casa Juanita, ptda de Mollo, Aigues de Busot, as outlined in the original plans. The property will not be fully furnished.
1.3 `VALUATION`: The property is valued at approximately £800,000 to £850,000. Tax, stamp duty and associated costs of property transfer will be met by the promoters.
1.4 PROMOTERS: Stephen and Debra Else of Casa Juanita, ptda del mollo, Aigues de Busot, Spain.
1.5 `QUESTION`: The test of knowledge question which the Entrants must answer correctly (in substantial accordance with the answer held by the Promoters) to obtain an opportunity to win the Prize, is set in accordance with the U.K Gambling Commission legislation, rules and regulations.
1.6 `ENTRY`: An answer submitted to the question by the Entrant to obtain an opportunity to win the Prize.
1.7 `ENTRANT` Any person (not including a limited company, partnership or limited liability partnership) who enters the Competition through the website or by post to win the Prize and who at the time of entry, must have attained the age of eighteen.
1.8 `WINNER`: The Entrant chosen at random on or after the Closing Date who will receive the Prize in accordance with these Terms and Conditions.
1.9 `WEBSITE`: www.winmyspanishvilla.co.uk
1.10 `OPENING DATE`: April 2nd 2021.
1.11 `CLOSING DATE`: A preliminary closing date is scheduled for June 30th 2021 17:00 GMT subject to minimum paid ticket sales being achieved. If minimum paid ticket sales are achieved, the anticipated live draw will take place on July 8th at approximately 18.00hrs GMT. Should the minimum sales figure not be reached, at the discretion of the Promoters, the promotion may be extended and a secondary date will be announced. Free postal entries will be given 7 days grace period to arrive after the stated primary or secondaries close of draw date.
If target minimum paid ticket sales is achieved a donation will be made to The Big Issue Foundation of £50,000. Promoters require the sale of a minimum number of paid ticket sales mentioned in clause 1.12 below, at £5 per ticket to achieve a break even point to warrant a donation to The Big Issue Foundation of £50,000. If the target is not achieved then the amount paid to The Big Issue Foundation will be exactly the same proportion percentage had we sold all tickets. The final amount is based on the proportionate amount of tickets sold.
Promoters reserve the right to extend the draw date beyond the dates mentioned above in order to maximise the donation to The Big Issue Foundation. If there are insufficient tickets sold then the draw will still take place and subject to promoters discretion the house prize may still be awarded less costs, (marketing development, payment gateway costs, promotion, stamp duty etc), alternatively 60% of sales net to date will form a cash prize to replace the first prize of the villa. The donation to The Big Issue Foundation will be paid from the 40% retained figure.
1.12 `MINIMUM NUMBER OF PAID ENTRIES`: Between 220,000 and 290,000 ticket sales must be achieved to give away the property. This number differentiates because the cost of promoting the draw can vary significantly. We cannot guarantee that the media will cover our draw via cost effective press releases due to the coverage in the media of the Covid-19 pandemic so we must assume we need to spend a significant sum on advertising to promote the draw.
2.1 By entering the competition via the Website and through postal entry, Entrants are deemed to have read and accepted these Terms and Conditions and agree to be bound by them.
2.2 Upon entering the Competition, all Entrants must submit all contact details requested by the Promoters (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 photo, name and town of residence on the Website; and
(d) an optional telephone contact number may be provided by Entrants for the sole purpose of immediately notifying the winner.
2.3 All Entrants are solely and completely responsible for providing the Promoters with accurate and current contact details.
2.4 Promoters 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 the Entrants or otherwise.
2.5 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 according to these Terms and Conditions.
2.7 The Competition is operated by the Promoters.
2.8 The Competition is open for entry to all persons aged 18 and over. Those ineligible to enter the competition are: The Promoters, their direct family and other persons who were formerly resident at the property, agents, employees, professional advisers or anyone else connected with the development or operation of the website or conductor of administration of the Competition in any way, shape or form.
2.9 Entries made by the Entrants to the Competition will only be valid if made via the Website or as instructed by post on inside an envelope sent to: PO BOX 01, Qawra, Malta, QWR 1000 legibly containing the full name, address, telephone number, and email address of the Entrant within the envelope.
2.10 By entering into the Competition on-line, all Entrants acknowledge that their payment of £5 (GBP) per entry to answer the Question and thereby enter the Competition does not guarantee in any way that they will win the prize. The promotion seeks to raise funds subject to a minimum number of ticket sales to provide a donation to The Big Issue Foundation, charitable number 1049077.
2.11 The Promoters do not in any way guarantee the value of the Prize which is subject to market fluctuations.
2.12 Only completed Entries will be entered into the Competition.
2.13 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.
2.14 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 County or High Courts of England shall have exclusive jurisdiction in the event of any dispute arising out of the Competition or its administration.
2.15 By entering the Competition, Entrants warrant that all information which they submit is accurate, true, current and complete. The Promoters reserve 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.
2.16 There is no limit to the number of entries that any one person can make via this website.
2.17) The Promoter is not responsible or liable in any way for the property valuation and makes no representation or warranty in respect of its accuracy.
2.18 All Entries will become the property of the Promoters on receipt and will not be returned.
2.19 The Promoters reserve the right to amend these terms and conditions at any time where they deem it necessary or prudent.
3. THE PRIZE
3.1 The purpose of the Contest is to win the Prize of title deed ownership of Casa Juanita, ptda de mollo, Aigues de Busot, Spain.
3.2 The Prize will be transferred by the Promoter to the Winner of the Contest free from all mortgages, charges and other encumbrances, at the Promoter’s expense and including all fees, charges and primary property stamp duty / taxes. The property will be vacant upon possession subject to UK and Spanish movement prohibition in relation to Covid 19 pandemic.
3.3 The Notary shall ensure that the Prize is registered at the Land Registry in the Winner’s name.
3.4 Payments will only be accepted in pounds sterling.
3.5 English is the only language in which an Entrant may submit their entry.
3.6 The winner will be required to sign a non-disclosure agreement before proceeding with possession of the property.
4. THE CONTEST
4.1 The process to determine the Winner will begin the day after the preliminary or secondary closing date and a final decision will be made within 7 days of that date.
The price of entering the competition is £5 (GBP) per entry (also referred to as a `ticket`) and is payable using the Website payment gateway payment collection system, who confer a charge at cost to the promoter for processing the transaction.
4.2 In answering the Question, the Entrant recognises that they must exercise their own skill and judgement to give the correct answer.
4.3 To conclude an entry into the Competition, an Entrant will be asked to provide their contact details (including postal, 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. No credit card details will be available to the Promoters and will be fully encrypted for your safety.
4.4 When the minimum Number of Paid Entries or the closing date is reached, the Competition will close but the Promoters reserve the right to extend this date by 7 days to facilitate the process of ticket entries, should they deem such a contingency necessary.
4.5 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 entries submitted after the Closing Date.
4.6 The winner of the Prize will be the Entrant whose details are randomly drawn before an audience of invited guests including members of the Press and in the presence of an independent legal representative.
4.7 The Promoters’ decision is final and no correspondence will be entered into about the result of the Competition following the determination of the Winner as described above.
4.8 The Winner will be required to forward a copy of their passport or driving licence to the Promoters to prove their age and 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.
4.9 Each Entrant agrees that the usual requirement under the Consumer Protection (Distance Selling) Regulations 2000 for any goods and services ordered on-line to be supplied within 30 days, will not apply to this Prize Competition but all reasonable efforts will be made to transfer title deeds within six weeks of the draw date subject to the freedom of movement due to COVID-19.
4.10 If the Winner cannot be contacted by the Promoter within 21 days of being notified of their status as the Winner by e-mail, telephone and mail to the contact details submitted in their entry, the Promoter shall be entitled to award the Prize to the Entrant selected by drawing another winning entry at random in the same method as described above (‘The Alternate Winner’). The Alternate Winner shall have 7 days from notification of their status by the Promoters to communicate their acceptance of the Prize.
4.11 The Winner will be required to sign a transfer deed to transfer the Property into the Winner’s name within 28 days of Transfer of the Property unless any delays are caused due to COVID-19.
5. CLOSING THE CONTEST
5.1 If the minimum number of paid for Entries to the competition is not met at the time of the Closing Date, as defined above, the Promoters will consider whether the Prize of The Spanish Villa may be awarded at their discretion or an alternative cash prize of 60% net of paid for ticket sales after the deduction of expenses, payment processing fees, marketing fees and related expenses. The donation for The Big Issue will also be proportionally deducted from this amount.
5.2 As per section 2 above, the Competition may be closed at the discretion of Promoters when the Minimum Number of Paid Entries is reached.
6. OTHER ISSUES
6.3 The Promoters reserve the right to cancel the Competition at any time either before or after tickets have been sold. If the Competition is cancelled, the Promoters will return the Entry Fees to each Entrant (either by bank card refund or by cheque and in one combined payment where several entries have been made by a competitor). Where the Entry Fee is returned, the Promoter shall have no further liability to the Entrant or to any other person.
6.4 The Promoters make no representation or warranty as to the valuation or the Prize, its structural or cosmetic condition or its future ability to be sold. Entrants should make and rely on their own enquiries and legal advice about the Prize before entering the Competition.
6.5 The Promoters will not be liable for any loss (including economic loss) suffered to or sustained by any person or property as a result of any act or omission of the Promoters, nor will their servants or their agents in developing, planning and administrating the Competition, distributing the Prize to the Winner or following the distribution of the Prize. The Promoters accept no liability for errors or omissions contained within the Prize details, description or specification or any other part of the Website. Whilst all efforts have been made to maintain accuracy, 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 this website.
6.6 The Promoters will not be liable for any loss suffered by an Entrant as a result of incomplete entries or failed computer communications or for any loss suffered as a result of use of the Website.
6.7 The Promoters do not accept responsibility for entries which they do not receive due to failures in computer systems, other malfunctions, high Internet traffic, hardware failure, software failure, server faults or any other reason.
6.8 These competition rules shall not create or be construed as creating any form of contract, joint venture or other agreement between any Entrant and the Promoters.
6.9 An entry shall be declared void (without any refund being given) if the Promoter reasonably considers that the Entrant has directly or indirectly engaged 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 and associated infra-structure.
6.10 Each entrant should retain a copy of these Terms and Conditions for their future reference and to check them occasionally for any updates.
6.11 Due to COVID-19 the property is currently not occupied. Should for any reason any damage occur to the property, the Promotor at his expense will put the property back into basically the same condition in which it is promoted.
6.12 The winner must accept that all communications and dealings between the Promoter and the Entrant must remain confidential unless otherwise stated in writing. The Promotor may ask that the Entrant sign a confidentiality agreement.