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Terma & Conditions
1. The Promoter
The promoter is:
Jamie Bass T/A Take A Moment of 2 Bridges Close, St Nicholas at Wade, Kent, CT7 0PX
2. The Competition
2.1. The title of the Competition is “Take A Moment, Win A Home”.
2.2. The Competition requires Entrants (as defined in clause 4.1 below) visit the section of the Website marked ‘Enter Competition’, and complete the following steps:
2.2.1. select how many entries you would like to purchase; and
2.2.2. complete the spot the ball challenge by following the instructions on screen, and in accordance with clause 6 below) (“Spot The Ball Challenge”)
2.2.3. add your entry to the cart;
2.2.4. proceed to the checkout and complete the on screen details;(the “Entry Form“)
2.2.5. click where indicated to confirm you accept these terms and conditions; and
2.2.6. complete the payment details as they appear on screen and transfer your entry fee of £500 (five hundred pounds sterling) per entry into the online merchant account as nominated by the Promoter from time to time (the “Promoter Account”).
2.3. on or before the Closing Date (defined in clause 2.4 below). In completing the Entry Form, Entrants acknowledge and accept that the question on the Entry Form requires skill, judgment or knowledge
2.4. The closing date shall be the earlier of the Promotor receiving 1,000 Entry Forms or at 23:59 on 31 March 2019 (the “Closing Date“). The Promoter reserves the right to extend the Closing Date in the event of exceptional circumstances outside its control which affect its ability to operate the Competition.
2.5. In the event that the Promoter does not receive more than 700 Entry Forms by the Closing Date, the Promoter reserves the right to substitute the Prize with a cash alternative which shall be equal to the amount of the total amount of Payment received with the Entry Forms less:
2.5.1. The runners up prizes;
2.5.2. Administration/promotion costs incurred by the Closing Date
2.6 Your entry will be complete upon the transfer in cleared funds of the payment into the Promoter Account.
2.7 You are permitted to enter the Prize Draw multiple times subject to paying the fee for each entry.
2.8 The correct answer to the Spot The Ball Challenge shall be decided by an independent judge appointed by the Promoter (the “Panel”). The Panel will apply their skill and experience (in playing and watching football matches) to decide the most likely location of a ball within the photograph used for the Spot The Ball Challenge. For the purposes of the Spot The Ball Challenge, the grid square containing the location selected by the Panel shall be the correct answer (the “Correct Answer”).
2.9 The Panel’s decision is final and binding. Neither the Panel nor the Promoter shall enter into any correspondence in respect of the Correct Answer. The Correct Answer will not be published or released until after the Closing Date (or Target Date, if applicable). The name of the judge making up the Panel will be published on the Website after the Closing Date (or Target Date, as the case may be) for a period of [28 days].
2.10 In the event that you selected the Correct Answer, your entry (or entries, as applicable) which contain the Correct Answer will be added to all of the other entries that also selected the Correct Answer (provided you have transferred in cleared funds the applicable Fee(s) into the Promoter Account).
2.11 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.
3. How to Enter
3.1. The Competition will run from midnight on 1 October 2018 (the “Opening Date“) until the closing date, subject to clause 2.4.
3.2. All Entry Forms must be received by the Promoter via its website www.take-a-moment.com (the “Website“) by the Closing Date. All Entry Forms received after the Closing Date will be automatically disqualified. All entries are non refundable.
3.3. To enter the Competition, Entrants need to complete and submit the online Entry Form provided on the Website together with Payment by the Closing Date.
3.4. By entering the Competition, each Entrant warrants that they have provided the Promoter with accurate and up to date contact details on the Entry Form. The Promoter will not be liable for any failure to make contact with any Entrant as a result of any errors, omissions and inaccuracies provided by the Entrant on the Entry Form.
3.5. The Promoter will not accept responsibility for Entry Forms that they do not receive, regardless of cause, including but not limited to, as a result of failures in computer systems, network, server, computer hardware or software failure, high internet traffic and other malfunctions of any kind.
3.6. By submitting an Entry Form via the Website, each Entrant unconditionally accepts and agrees to comply with and be bound by these terms and conditions (the “Terms“), and agrees to be bound by the Promoter’s decisions in respect of the interpretation of these Terms and otherwise in relation to the Competition. Entrants who do not comply with the Terms will not be eligible to win the Prize. Once purchased, Entries cannot be transferred, exchanged, refunded or returned.
4.1. The Competition is open to all residents of England, Wales and Scotland, all entrants must be 18 years or over, it is not open to residents of Northern Ireland or any other country where such competitions are not permitted by law.
4.1.1. employees of the Promoter or its holding or subsidiary companies;
4.1.2. employees of agents or suppliers of the Promoter or its holding or subsidiary companies, who are professionally connected with the Competition or its administration, including those connected with the development or operation of the Website; or
4.1.3. members of the immediate families or households of those set out in clause 4.1.1 and 4.1.2 above.
4.2. In entering the Competition, each Entrant confirms that they are eligible to do so and eligible to claim the Prize. The Promoter may require Entrants to provide proof of eligibility to enter the Competition.
4.3. The Promoter will not accept Entry Forms that are:
4.3.1. automatically generated by computer;
4.3.2. completed by third parties or in bulk;
4.3.3. illegible, have been altered, reconstructed, forged or tampered with; or
4.4. In the event of a dispute regarding the identity of the individual submitting an Entry Form, the entry will be deemed to be submitted by the individual in whose name the e-mail account associated with the Entry Form is registered on the date the Entry Form is submitted.
4.5. There is no limit to the number of entries that can be made per person.
4.6. The Promoter reserves all rights to disqualify any Entrant if their conduct is contrary to the spirit or intention of the Competition or they have acted in breach of any of these Terms.
5. The Prize and Runner-up Prizes
5.1. The Prize is: the property in St. Nicholas at Wade which includes; the house, car and some of the items as specified on the website, a full list can be given on request. The property will be transferred to the Winner free from all mortgages, charges and other encumbrances and shall include the stamp duty land tax fee, as if the it is the winners only property, stamp duty will not be paid at any higher rate and reasonable solicitors’ fees incurred. The prize does not include: water, electricity and gas bills; building and content insurance; car insurance; any maintenance or upkeep costs associated with the property; any phone bills associated with the property; council tax; and/or any other costs once the property has transferred to the winner. The prize also excludes personal possessions, jewellery, silver, art and photography and items of sentimental value belonging to the current owners. The winner will have to pay their own moving costs. (the “Prize“). The Promoter does not guarantee the value of the Prize, its structural condition or its ability to be sold. Entrants shall rely on their own enquiries and legal advice on the Prize before entering the Competition.
5.2. The Winner of the Prize shall sign a transfer deed to transfer the Prize into the Winner’s name within 30 days of transfer of the Prize.
5.3. The Winner shall register the Prize at HM Land Registry in the Winner’s name.
5.4. The Winner is responsible for all expenses and arrangements not specifically and expressly included in these Terms.
5.5. The Runner-up Prizes shall be ten cash prizes of the sum of £500 each.
5.6. The Prize is not negotiable or transferable and the Promoter reserves the right to substitute the Prize for the Cash Prize.
6. Winner Announcement
6.1. The Winner of the Competition will be announced on the Website within 24 hours of the Prize and Runner-up Prizes being drawn following the Closing Date (“Announcement Date“).
6.2. The decision of the Promoter is final and no correspondence or discussion will be entered into.
6.3. The Promoter will contact the Winner of the Prize and Winners of the Runner-up Prizes personally as soon as reasonably practicable after the Announcement Date, using the telephone number or email address provided with the Entry Form. The Promoter will not amend any contact information once the Entry Form has been submitted.
6.4. The Promoter shall publish the name and county of the Winner on the Website within 24 hours of the Winner claiming the Prize in accordance with clause 7.
7. Claiming the Prize and Runner-up Prizes
7.1. The Winner of the Prize shall have 30 days from the Announcement Date to attend the offices of the Promoter to claim the Prize in person. If the Winner does not claim the Prize by this date, the claim shall become invalid.
7.2. The Winners of the Runner-up Prizes shall have 30 days from the Announcement Date to claim their Prize. If a Runner-up Prize Winner does not claim their Runner-up Prize by this date, their claim shall become invalid.
7.3. The Prize or a Runner-up Prize may not be claimed by a third party on the Winner’s behalf.
7.4. The Promoter will make all reasonable efforts to contact the Winner and Runner-up Prize Winners. If a Winner cannot be contacted or is not available, or has not claimed their Prize or Runner-up Prize within 30 days of the Announcement Date, the Promoter reserves the right to offer the Prize or Runner-up Prize to the next eligible Entrant (the “Alternate Winner“) selected from the correct Entry Forms that were received before the Closing Date, in accordance with these Terms. The Alternate Winner shall have 30 of days from the announcement to claim their Prize or Runner-up Prize.
7.5. The Promoter does not accept any responsibility if the Winner or Runner-up Prize Winner is not able to take up the Prize.
8. Cancellation of the Competition
The Promoter reserves the right to cancel the Competition at any time in the event of exceptional circumstances outside its control which affect its ability to operate the Competition (“Cancellation“).
9. Limitation of Liability
Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the Winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the Prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. The Winner’s statutory rights are not affected.
10. Data Protection and Publicity
10.1. The Winner of the Competition agrees that the Promoter may use their name, image and town or county of residence to announce the Winner of this Competition and for any other reasonable and related promotional purposes.
10.2. The Winner further agrees to participate in any reasonable publicity required by the Promoter.
11.1. If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude any Entrant from participating in the Competition.
11.2. The Promoter reserves the right to hold void, suspend, cancel, or amend the Competition where it becomes necessary to do so.
11.3. These Terms shall be governed by English law, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
11.4. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these terms and conditions and the remaining clauses shall survive and remain in full force and effect.
12. SPOT THE BALL CHALLENGE
12.1 The Spot The Ball Challenge shall operate as follows:
12.1.1 you will be shown a previously unpublished sporting photograph (relating to a football match) which does not contain a ball;
12.1.2 using all of the information contained within the photograph, you must use your skill and judgment to try to select the Correct Answer (which, as more fully set out at clause 2.8, is the grid square that according to the Panel would contain the most likely location of the ball if one had been present in the photograph);
12.1.3 you should then answer the Spot The Ball Challenge (by selecting a column and a row) to indicate the grid square you have selected.
(1) We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
(2) What information do we collect?
We may collect, store and use the following kinds of personal information:
(a) information about your computer and about your visits to and use of this website (including [your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, and website navigation);
(b) information that you provide to us for the purpose of registering with us (c) information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters;
(d) any other information that you choose to send to us;
A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser. We may use “session” cookies cookies on the website. We will use the session cookies to: keep track of you whilst you navigate the website;
(4) Using your personal information
We may use your personal information to:
(a) administer the website;
(b) improve your browsing experience by personalising the website;
(c) send you general (non-marketing) commercial communications;
(d) send you email notifications which you have specifically requested;
(e) deal with enquiries and complaints made by or about you relating to the website; We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
(d) to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling; and
(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
(7) Security of your personal information
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
We will store all the personal information you provide on our secure (password- and firewall- protected) servers. All information will be stores in an Advanced Encryption Standard (AES) encrypted database accessible by no more than two nominated employees. The AES specifies a Federal information Processing Standards (FIPS) -approved cryptographic algorithm that can be used to protect electronic data.
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
(8) Policy amendments
(9) Your rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information will be subject to:
(a) the payment of a fee (currently fixed at £10.00); and
(b) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
We may withhold such personal information to the extent permitted by law.
You may instruct us not to process your personal information for marketing purposes by email at any time. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal information for marketing purposes.
(11) Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.