Brownberrie Lane,
Horsforth

Terms & Conditions

These terms and conditions (“Conditions”) set out the conditions and competition rules for the Dream Home competition.  By entering the Competition via the Website all Competitors agree to be bound by and abide by the following Conditions.

1. Definitions and Interpretation

1.1            In these Conditions unless the context requires otherwise the following words have the following meanings:

Business Day	any day (other than Saturday, Sunday or Bank Holiday in England and Wales) on which banks are open for a full range of banking transactions in the City of London;
Cash Prize	shall be the number of Entries multiplied by the Entry Fee less the Management Fee;
Closing Date	shall be 30 September 2010 or such other date as set out in clause 2.7 below;
Competition	the competition operated by the Promoter to which these Conditions apply and which must be entered via the Website;
Competition Rules	the rules for the Competition as set out in these Conditions;
Competitor	any person (not including a limited company, partnership or limited liability partnership) who enters the Competition to win the Prize;
Entry	an answer submitted to the Questions by the Competitor to have the opportunity of winning the Prize;
Entry Fee	£20.00 (twenty pounds sterling) per Entry;
Management Fee	the fee chargeable by the Promoter for running the Competition being 30 (thirty) per cent of all Entry Fees;
Maximum Number of Entries	shall be 44,000 (forty four thousand);
Minimum Number of entries	shall be 30,000 (thirsty thousand) or such lower number at the absolute discretion of the Promoter;
Opening date	31 March 2010;
Prize	a 5 new (five) bedroom detached house at 21a Brownberrie Crescent, Horsforth, Leeds LS18 5PT with registered title number WYK111887;
Privacy Policy	as set out in clause 4 below;
Promoter	Dream Home Competition Limited (company number 6973440) whose registered office is at 23 Far Reef Close, Horsforth, Leeds, LS18 5AX;
Questions	the 4 (four) questions randomly selected which Competitors must answer as set out at clause 2.8 below  in order to be entered into the Competition;
Valuation	£500,000.00 (five hundred thousand pounds sterling) plus any stamp duty and solicitors conveyancing fees (inclusive of the Winner’s solicitors fees up to a maximum of £800.00 (eight hundred pounds sterling) plus VAT);
Website	www.dreamhomecompetition.co.uk; and
Winner	the Competitor chosen at random on or after the Closing Date as the Winner of the Prize.

1.2            In these Conditions:

1.2.1        reference to any gender includes all genders;

1.2.2        reference to the singular shall include the plural and vice versa;

1.2.3        reference to a clause is to the relevant clause in these Conditions;

1.2.4        the headings are for convenience only and shall not affect their interpretation;

1.2.5        reference to any statute or statutory provision includes a reference to the same as from time to time amended, extended, re-enacted or consolidated and all subordinate legislation from time to time made under it.

2. Competition Rules

2.1            The Competition is open to Competitors over the age of 18 (eighteen) excluding the Promoter, its family members, employees, professional advisers or anyone connected with the development of the Brownberrie site.

2.2            The price of entering the Competition is £20.00 (twenty pounds sterling) per Entry.  All Entry Fees should be paid in sterling only.

2.3            All Entries must be made via the Website, whereby the Competitor will be required to add in their personal details in order to be entered into the Competition.

2.4            All Competitors warrant that the information they provide pursuant to clause 2.3 above is complete, accurate and not misleading and confirm that the Promoter will have no liability for any incorrect information provided by a Competitor.  Any incorrect information may affect a Competitor’s chance of winning the Competition.

2.5            Entry to the Competition will be confirmed on approval of the payment of the Entry Fee and by the sending of an email from the Promoter to the Competitor.  The Competitor will not be entered into the Competition until such time as it has been sent the confirmatory email.  All confirmatory emails should be sent within 2 (two) Business Days of an Entry being made.

2.6            The Promoter does not retain details of each Entry and it shall be the sole responsibility of the Competitor to retain a copy of the confirmatory email referred to at clause 2.5 above.

2.7            The Competition will close on the Closing Date or when the Maximum Number of Entries have been received, whichever is the sooner.  The Promoter reserves the right to extend the Competition for a maximum of 2 (two) months at its absolute discretion.

2.8            The Competitor will be asked 4 (four) randomly selected Questions.  The Competitor will be required to correctly answer 3 (three) of the Questions in order to be successfully entered into the Competition.

2.9            The Questions may be changed at any time throughout the Competition if deemed appropriate by the Promoter.

2.10         The Competitor acknowledges that the Questions require a level of judgement and skill in answering such Questions.

2.11         No refunds shall be made to a Competitor after it has entered the Competition, except for Entries made after the Closing Date.

2.12         The Winner will be drawn at random within 10 (ten) Business Days of the Closing Date in front of an audience of 2 (two) solicitors and a member of the press. 

2.13         The answers to the Questions shall be the answers held by the Promoter.

2.14         The Promoter will be the sole arbitrator of the Competition and any aspect and content, or the running and organisation of the Competition.  The Promoter will not enter into any correspondence relating to the result of the Competition and the determination of the Winner pursuant to clause 2.12 above will be final and conclusive.

2.15         The Winner will be notified of their success by email, telephone or post at the contact details provided by them on Entry, within 7 (seven) Business Days of the Winner being drawn.

2.16         The Winner will be required to provide a copy of their passport or photographic driving licence to the Promoter to prove that their Entry was validly made in accordance with these Conditions.

2.17         If the Winner does not provide such information within 20 (twenty) Business Days of being requested to do so the Promoter shall be entitled to draw another Winner at random in the same method as described at clause 2.12 above.  The alternative Winner shall be required to provide the documentation detailed at clause 2.16 above within the timescale provided in this clause 2.17.

2.18         If the alternative Winner cannot be contacted by the Promoter, within 20 (twenty) Business Days of being determined, by email, telephone or post at the contact details provided by them on Entry, the Promoter shall be entitled to draw another Winner at random in the same method as described at clause 2.12 above.

2.19         The Winner will be required to sign a transfer deed to transfer the Prize into the Winner’s name within 28 (twenty eight) Business Days of the Winner being determined pursuant to clause 2.12, 2.17 or 2.18, as applicable.

2.20         If the Minimum Number of Entries is not reached by the Closing Date the Promoter reserves the right to close the Competition. 

2.21         If the Competition is closed pursuant to clause 2.20 above the Promoter shall be entitled to retain the Management Fee with the Cash Prize being allocated to the Winner as an alternative prize.  The Winner of the Cash Prize shall be determined in accordance with clause 2.12.

2.22         The Winner agrees that its details can be published on the Website within 2 (two) Business Days of the Winner being determined by the Promoter in accordance with the Privacy Policy detailed in clause 4 below.  The name, age and town or residence of the Winner will be posted on the Website.

2.23         As a condition of entering the Competition, Competitors must ensure that by doing so they do not contravene any laws of their country of residence.  The Promoter shall not be liable in any way if a Competitor enters the Competition unlawfully.

2.24         There is no limit to the number of Entries that any 1 (one) person can make via the Website.

2.25         At any time during the Competition, the Promoter reserves the right to offer the Cash Prize as an alternative prize to the Prize.  The Winner of the Cash Prize shall be determined in accordance with clause 2.12.

3. Prize

3.1            Details in relation to the Promoter’s title to the Prize can be found on the Website.

3.2            The Prize will be transferred by the Promoter to the Winner free from all mortgages, charges and other encumbrances save as recorded under title number WYK111887 at the Promoter’s expense (including all reasonable fees, charges and taxes) and subject to the conditions of sale which can be found on the Website.

4. Privacy

4.1            Each Competitor agrees to the Promoter holding its, personal data and acknowledges that the Promoter may use the Competitors contact details and other personal data, as defined in the Data Protection Act 1998, in order to conduct the Competition and administer the Website.

4.2            Each Competitor acknowledges and accepts that the Promoter may be legally required to provide its details to third parties, including but not limited to regulatory authorities for the prevention of money laundering.

5. General

5.1            All Entry, Fees shall be held in a separate bank account in the name of the Promoter’s solicitor until the Winner of the Competition is determined.

5.2            Each Competitor accepts that the Competition is a prize competition for the purpose of section 14(5) of the Gambling Act 2005 and to win the Competition it needs to answer the Questions.  Each Competitor further accepts that the determination of the Winner is not by chance.

5.3            Each Competitor accepts that by entering the Competition and paying the Entry Fee it does not receive any guarantee that it will win the Prize.

5.4            Each Competitor agrees and accepts that the Consumer Protection (Distance Selling) Regulations 2000 shall not apply to this Competition or the Prize.

5.5            By entering the Competition each Competitor warrants that all information provided by it is true, complete and accurate.  The Promoter reserves the right to disqualify any Competitor, at its absolute discretion, if it believes the information provided by a Competitor is false or misleading or in breach of these Conditions.  Any Competitor so disqualified shall not be eligible to participate in the Competition under any other name.

5.6            The Promoter accepts no liability for incomplete or failed Entries, computer communications or for any loss suffered by a Competitor by the use of the Website or the entering into the Competition.

5.7            The Promoter shall not be responsible for any delayed or incomplete Entries, any such Entries will be deemed void and not entered into the Competition.

5.8            The Promoter accepts no responsibility for Entries not received by it for any reason whatsoever.  It shall be the responsibility of the Competitor to contact the Promoter if it does not receive the confirmatory email from the Promoter referred to at clause 2.5 above.

5.9            The Valuation is provided for information only and the Promoter makes no representation or warranty as to the accuracy of the Valuation or the value of the Prize.

5.10         The Promoter makes no warranty or representation as to the structural condition or accuracy of the details of the Prize and each Competitor should rely on its own enquiries into the Prize.

5.11         The Promoter reserves the right to cancel the Competition at any time either before or after tickets have been sold.  If the Competition is cancelled, the Promoter will return the Entry Fee in accordance with clause 2.21 to each Competitor (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 Competitor or to any other person.

5.12         The Promoter shall not be liable for any loss or damage whatsoever which may be suffered by a Competitor (including but not limited to indirect or consequential loss) as a result of or in connection with or arising out of the Competition or as a result of the Prize except for any liability which cannot be excluded by law.

5.13         These conditions shall not create or be construed as creating any form of contract, agency, joint venture or other agreement between the Promoter and the Competitor.

5.14         An Entry shall be declared void (without any refund being given) if the Competitor 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.

5.15         These conditions shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction in connection with the Competition.