Competition Terms and Conditions

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.

  • COMPETITION:
    The Competition operated by the Promoter to which these Terms and Conditions apply, wherein the Entrants submit entries via the website: www.win2homesinbirmingham.co.uk to win the Prize of two freehold properties; using skill and judgement to identfy where they think the ball was on the photo from which it has been permanently removed.
  • WEBSITE:
    www.win2homesinbirmingham.co.uk.
  • PRIZES:
    MAIN PRIZE:-the FREEHOLD property known as: 1 Adkins Lane, Smethwick, Bearwood, Birmingham, West Midlands B67 5DP.; inclusive of Stamp Duty and solicitors conveyancing fees to a max. of £1000+vat.
    BONUS PRIZE:-A second FREEHOLD property, a Corner Semi-Detached House in Birmingham; inclusive of Stamp Duty and solicitors conveyancing fees to a max. of £600+vat.
    CASH ALTERNATIVE PRIZE in the event of less than 65,000 entries received and after covering the administration of this prize competition, the prize shall be 70% of the value of the prize entry fees.
  • PROMOTER:
    Herminder Sangha.
  • ENTRY:
    The selection of a pixel on the relevant image shown on the Website whereby Entrants can enter the Competition.
  • ENTRANT:
    Any UK resident persons aged 18 and over; except the Promoter's employees or members of their immediate family, agents or any other person who is connected with the creation, or administration of this competition (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."
  • WINNER:
    The Entrant who correctly identifies, or if no one is correct, who is closest to the pixel within which the centre of the ball is judged to be located on or after the Closing Date, will receive the Prize in accordance with these Terms and Conditions. In the event of a tie the Winners only shall be asked to perform another spot the ball competition (free of charge) until an outright Winner is determined.
  • ALTERNATE WINNER:
    Means in the event the Winner cannot be contacted in accordance with these Terms and Conditions, the Entrant who along with the Winner identified the correct pixel within which the centre of the ball is judged to be located but who was the next closest to the pixel in the event of a tie if a second spot-the-ball game is required. If only the Winner identified the correct pixel or closest pixel within which the centre of the ball is judged to be located, the Alternate Winner will be the Entrant who chose the pixel which was the next closest.
  • ENTRY FEE:
    Means the sum of £15 (GBP) which is the amount paid by the Entrant to submit one Entry to the Competition.
  • OPENING DATE:
    Friday 2nd October 2009.
  • CLOSING DATE:
    Saturday 14th August 2010.
  1. By entering the competition via the Website Entrants are deemed to have read and understood these Terms and Conditions and 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 Entrant of receipt of ticket purchase; (b) to notify the Winner that they have won the prize; (c) to post the Winner's name and town of residence on the Website; (d) to comply with the Privacy Policy.
  3. All entrants are solely and completely 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 the Entrants or otherwise.
  5. Privacy policy - The Entrants and the Promoter recognise that the Promoter 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 these Terms and Conditions. The Entrants and the Promoter 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 Promoter will not be held responsible for any entrant entering this competition unlawfully.
  8. Entries made by the Entrants to the Competition will only be valid if made 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 completed Entries, with cleared payments, which must be made immediately, will be entered into the Competition.
  12. The Entrants recognise that the Competition is a Prize Competition for the purposes of Section 14 (5) of the Gambling Act 2005 and that to win the Competition they must exercise a degree of skill and judgment and winning is not allocated wholly by chance.
  13. The Entrants and the Promoter recognise that the Competition, its administration and all associated activities are governed by English Law and the Promoter 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.
  14. By entering the Competition, 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.
  15. All Entries will become the property of the Promoter on receipt and will not be returned.
  16. The Promoter reserves the right to amend these terms and conditions at any time and for any reason. Such changes shall be binding on Entrants and will take effect immediately on posting of the revised documentation on the Website that such changes have taken place. Each Entrant hereby agrees that he/she will be bound by such changes with effect from such posting.
  17. The Promoter is the registered legal owner of the Main Prize and the Main Prize will be transferred by the Promoter to the Winner of the Competition free from all mortgages, charges and other encumbrances save as recorded at HM Land Registry under Title Number 1 ADKINS LANE: WR6714 by the execution and delivery of a complete HM Land Registry Form TR1 to the Winner within 28 Working Days. No other form of transfer, contract or replies to enquiries shall be provided.
  18. The Promoter is the registered legal owner of the Bonus Prize and the Bonus Prize will be transferred by the Promoter to the Winner of the Competition free from all mortgages, charges and other encumbrances save as recorded at HM Land Registry under Title Number 64 LIGHTWOODS ROAD: WR14847 by the execution and delivery of a complete HM Land Registry Form TR1 to the Winner within 28 Working Days. No other form of transfer, contract or replies to enquiries shall be provided.
  19. The Winner shall ensure that the Prize is registered at HM Land Registry in the Winner's name.
  20. Payment of the Entry Fee will only be accepted in pounds sterling.
  21. English is the only language in which an Entrant may submit their entry.
  22. The process to determine the Winner will begin the day after the closing date and a final decision will be made within 21 days of that date.
  23. The price of entering the competition is £15 per ball placed.
    Once the Entry is submitted, it will not be accepted unless payment has been made and cleared.
  24. 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. Once the Entry is submitted, it will not be accepted unless payment has been made and cleared.
  25. When the Closing Date, or target, is reached, the Competition will close. However, the Promoter reserves the right to extend the closing date by up to 6 months at their discretion.
  26. 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.
  27. The Promoters' decision is final and no correspondence will be entered into about the result of the Competition following the determination of the Winner.
  28. The Winner will be required to forward a copy of their passport or driving licence to the Promoter to prove their identity.
  29. 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.
  30. If the Winner cannot be contacted by the Promoter within 28 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 Alternate Winner.
  31. All Entry Fees will be maintained in a separate non-interest bearing bank account by the Promoter until the Winner of the Competition has been determined.
  32. The Winner agrees to allow the Promoter to display his or her name on the Website in accordance with the Privacy Policy. The name, age and town of residence of the Winner will be posted on the Website for the purposes of announcing the Winner of the Competition within 72 hours of the Winner being determined.
  33. Entrants authorise the Promoter, and her 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 the Privacy Policy.
  34. The Promoter makes no representation or warranty as to the Valuation of 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.
  35. The Promoter 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 Promoter, nor will his servants or their agents in developing, planning and Administrating the Competition, distributing the Prize to the Winner or following the distribution of the Prize.
  36. The Promoter does 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.
  37. The Promoter 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.
  38. 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 Promoter.
  39. An entry shall be declared void (without any refund being given) if the entrant 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.
  40. The promoter will not be held liable for the prize monies due to the failure of any bank, or financial institution, into which the prize funds are deposited, by entering the competition, all entrants agree to this.
  41. The promoter reserves the right to give the Main and Bonus prize even if the target is not wholly reached. This is purely at the promoters discretion, and is assumed that the number of entries shall be within a couple of percent of the target of 65,000 entries.
  42. Each entrant should retain a copy of these Terms and Conditions for their future reference.
  43. Save for death or personal injury, the Promoter 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 Promoter, nor will their servants, advisors or their agents in developing, planning and administrating the Competition, distributing the Prize to the Winner or following the distribution of the Prize.
  44. We may log the I.P (Internet Protocol) address of all entrants and any mis-use or fraudulent use will be reported to the relevant authorities.
  45. We will not be liable for any circumstances beyond our reasonable control that prevent the Competition being fulfilled, a Winner being chosen, or a Prize being taken up or fully enjoyed by a Winner.
  46. 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.
  47. This Competition is governed by English Law and the Promoter takes no responsibility for Entrants entering outside the UK. Entrants must ensure that, by entering the Competition, 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.
  48. If the Competition needs to be cancelled through any unforeseen circumstances - e.g. promoters death, the Entry Fee shall be refunded to each Entrant (either by cheque or bank transfer and in one combined payment where several entries have been made by the competitor). Where the Entry Fee is returned, the Promoter/Estate shall have no further liability to the Entrant or to any other person.
  49. The Promoter reserve the right to make changes or additions to the website throughout the term of the competition providing they do not have an adverse effect on those entrants that have already taken part, enabling the Promoter to keep the Entrants informed as to the status of the competition at any given time and to bring the competition to a successful conclusion.
  50. It is incumbent on the Entrant to check their bank statement to ensure that the entry fee has been processed and that therefore the entry has been received and accepted. Entrants should allow at least 7 days for the payment to be accepted and processed by the banks before checking their bank account. If, after this time, the payment has not been processed the Entrant should contact the Promoter. If the Entrant fails to contact the Promoter and the payment has NOT been processed such an Entrant will be deemed NOT to have entered the Competition and no entry fee will have been received.

  51. The Bonus Prize will be transferred by the Promoter to the Winner completely unfurnished.
  52. The promoter may on occasions issue some free entries to the media to help promotion of the site.
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