- Definitions and Interpretation
In these Rules, unless the context otherwise requires, the following expressions have the following meanings:
“the Closing Date” means at midnight of the day before the date of the Draw.
“the Competition” means the Prize Draw by which the Winner of the Prize will be decided.
“the Entrants” means valid entrants to the Competition who have fulfilled the entry eligibility and entry requirements and restrictions in Clauses 2 and 3.
“the Entry Fee” means £1000 (GBP) per entry.
“the Materials” means “the Minimum Number” means graphic and/or all written matter and submissions to the promoter.
“the minimum number” means 2500 (plus or minus 500 at the discretion of the Promoter) of valid entries (in the opinion of the Promoter) to the Competition.
“the Prize” means the freehold property and business known as The Hotel Continental, 28-29 Marine Parade, Dovercourt, Harwich, Essex CO12 3RG which is a fully functioning, Free House, 14 Bedroom Budget Boutique Hotel.
“the Promoter” means Hotel Continental Limited (Company Registration No. 05257828) whose registered office is at 28-29 Marine Parade, Dovercourt, Harwich, Essex CO12 3RG.
“the Publications” means existing or future media, including trade, national or regional magazines or newspapers.
“the Question” means the pre-defined question displayed on the Website by which all Entrants show skill, judgement and knowledge after entering the Competition.
“the Website” means the website owned and operated by the Promoter at www.winahotel.co.uk
“the Winner” means the legitimate Entrant whose details are randomly drawn before an audience of invited guests, members of the Press and in the presence of a Solicitor and includes the Substitute Winner referred to in clause 8.4 if appropriate.
1.2. Unless the context otherwise requires, each reference in these Rules to:
1.2.1 “writing” and any similar expressions includes a reference to any communication effected by electronic or facsimilie transmission or similar means.;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Rules” is a reference to these rules and each of them as amended or supplemented at the relevant time;
1.2.4. a Clause or paragraph is a reference to a Clause of these Rules.
1.2.5. a “Party” or the “Parties” refer to the parties to this Agreement.
The Headings used in this Agreement are for convenience only and shall have no effect upon the interpretation of this Agreement.
1.3.1. Words imparting the singular number shall include the plural and vice-versa.
1.3.2 References to any gender shall include the other gender.
1.3.3. References to persons shall include Corporations.
2.2. All Entrants are solely and completely responsible for providing the Promoter with accurate and current contact details.
2.3. The Promoter will be in no way liable for any failure or inability to make contact with an entrant due to any errors, omissions or inaccuracies in the contact details provided by such Entrant or otherwise.
2.4. Before entering the Competition, all Entrants must check that they meet the eligibility requirements below and that none of the entry restrictions apply to them.
2.5. By entering the Competition, all Entrants agree to be bound by these Rules. The Promoter reserves the right to amend these Rules at any time and for any reason.
2.6. The Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. Entrants are providing their information to the Promoter only and not to any other party.
2.7. Entries made by the Entrants to the Competition will only be valid if made via the Website.
2.8. Only fully completed entries will be entered into the Competition.
3.Eligibility and Entry Restrictions.
3.1. To be eligible to enter the Competition an Entrant must;
1. be an natural person (but not a corporation or corporative body)
2. be not less than 18years old
3. not be an employee, officer or agent of any person or organisation involved in the administration or running of the Competition
(including professional advisers) or development or operation of the website.;
4. not be a family relation of any such person or anyone else connected in any way with the Competition, or helping to set up the
5. have access to a computer, a web browser and an internal connection.
3.2. 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.
3.3. The Entrants recognise that the Competition is a Prize Competition for the purposes of, inter alia, Section 14 (5) of the Gambling Act 2005 and that to win the Competition via answering the Question depends to a substantial degree on the exercise of the skill, judgement or knowledge of the Entrants and that the Prize is not allocated wholly by chance.
3.4 By entering the Competition, Entrants warrant that all information which they submit is accurate, true 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 Rules.
4. The Competition
4.1 The Fee for entering the Competition is payable by bank wire or cheque; details are given on entering the competition. The payment must be confirmed & cleared before your ticket entry is made valid.
4.2. Payments will only be accepted in pounds sterling.
4.3. Entries may only be submitted in English.
4.4. In answering the Question, all Entrants recognise that they must exercise skill, judgement or knowledge to give the correct answer.
4.5 To conclude an entry into the Competition, all Entrants will be asked to provide their contact details (including postal and e-mail addresses and a telephone number). Entrants may pay through online banking BACS or IBAN or by cheque.
4.6 Entry to the Competition will only be confirmed on approval of the payment and by the sending of a combined confirmation e-mail and receipt by the Promoter to the Entrant to confirm his or her entry into the Competition and details of the Prize.
4.7. The Promoter will retain details of each entry yet it is the sole responsibility of each Entrant to retain a copy of the confirmatory e-mail referred to above for their future reference.
4.8 By entering into the Competition, all entrants acknowledge that their payment of the entry fee and answering the question and thereby entering the Competition does not guarantee in any way that they will win the prize.
4.9 When the Closing Date is reached the Competition will close; however the Promoter reserves the right to extend the Closing Date by up to 2 months at it’s discretion.
4.10. All entries to the Competition are final and no refunds shall be made at any time or for any reason, except for entries submitted after the Closing Date.
4.11. 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 the Competition.
5. The Prize
5.1. The purpose of the Competition is to win the Prize.
5.2. Further details in relation to the title to the Prize can be found on the Land Registry website.
5.3. The Prize will be transferred by the Promoter to the Winner or Substitute Winner as appropriate free from all mortgages, charges and other encumbrances, at the Promoter’s expense and including all fees, charges and taxes.
5.4. The Winner shall ensure that the Prize is registered at HM Land Registry in the name of the Winner or the Substitute Winner as appropriate or for his or her benefit.
5.5. The Promoter is not responsible or liable in any way for any valuation of the Prize and makes no representation or warranty in this respect.
6. Starting and Closing the Competition
6.1. The Competition will open to entries upon the activation of the Website.
6.2. The Competition will close to entries 100 days after the start date 21st January 2015 or when a minimum number has been reached.
6.3. The dates and times are the relevant dates and times in England.
6.4. All entries will become the property of the Promoter on receipt and will not be returned.
6.5. The Promoter accepts no responsibility for entries not received for whatever reason.
6.6. The Promoter reserves the right to cancel or amend the Competition and these Rules without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside their control.
6.7. Any changes to the Competition or these Rules will be notified to Entrants as soon as possible by the Promoter.
6.8. If the minimum number of entries to the Competition is not equal to the number of Entries received as at the Closing Date,or extended Closing Date, the Competition will close and the proceeds of the Competition will be determined using the formula “number of tickets sold x £1000 less 35% of the Entry fees received”. The remaining balance is “the Prize Fund”.
The Prize Fund may then be distributed to the Winner or the Substitute Winner as appropriate or the draw may take place.
6.9 The Winner of the Competition will then be determined in accordance with the method described in clause 7.2. below.
6.10. All Entry Fees will be maintained in a separate and secure bank account by the Promoter until the Winner has been determined.
6.11. 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 less administration costs to a maximum of 20% of the Entry Fee to each Entrant (either by bank card refund or by BACS payment and in one combined payment where several entries have been made by an Entrant). When the Entry Fee is returned, the Promoter shall have no further liability to the Entrant or to any other.
7.1. Entries shall be judged by a celebrity or local dignitary to be chosen by the Promoter.
7.2. Entries shall be judged on the basis of the following criteria:
1. The judge shall be independent.
2. If any Entrant does not meet the eligibility requirements or is subject to any entry restrictions, that Entrant shall not be entitled to be adjudged the winner, and will not be entitled to the Prize in any circumstances.
7.3. The Promoter’s decision in respect of all matters to do with the Competition will be final and no correspondence will be entered into.
8. Announcement of results
8.1. When the Closing Date is reached the Competition will close; however the Promoter reserves the right to extend the Closing Date by up to 2 months at it’s discretion.
8.2. The Promoter’s decision is final and no correspondence will be entered into about the result of the Competition following the determination of
8.3. The Winner will be notified by email and post not more than 7 days following the Draw.
8.4 The results of the Competition will be announced on the Website within 7 days following the Draw.
8.5. The announcement will include the Winner’s name and town and region of residence.
8.6. The Winner will be required to submit a copy of his/her passport or Driving Licence to the Promoter to prove his/her identity and that his/her entry was made using a valid credit/debit card belonging to the Entrant or used with the express authorisation of the card holder if the Entrant purchased the ticket by card.
8.7. If the Winner cannot be contacted by the Promoter within 14 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 Substitute Winner”). The Substitute Winner shall have 14 days from notification of his/her status by the Promoter to communicate his/her acceptance of the Prize.
8.8. The Promoter will be required to transfer the Prize into the name of the Winner or the Substitute Winner as appropriate within 90 days after the Draw.
9.Copyright and moral rights
9.1. By entering the Competition, each Entrant warrants and represents that he/she created the Entrant’s Materials, that he/she owns all of the copyright in the Entrant’s Materials and that the Promoter’s use of the Entrant’s Materials in accordance with the licence below will not infringe any person’s intellectual property rights or other legal rights.
9.2. Each Entrant grants to the Promoter a non-exclusive world-wide royalty-free non-revocable licence to:
1. copy the materials;
2. adapt,alter and edit the materials;
3. publish the materials, and adapted, altered and edited versions of the materials, in the publications; and
4. sub-license the above rights.
9.3. Each Entrant irrevocably and unconditionally waives his or her right
1. to be identified as the author of the materials to the maximum extent permitted by applicable law.
2.to object to derogatory treatment of the materials to the maximum extent permitted by applicable law.
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 Rules. 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.
11.1 The Promoter may undertake publicity activities after award of the Prize.
11.2 The Promoter may arrange for the publication of the first names and town and region of residence of the Winner in the Publications.
11.3 The Promoter may invite the Winner to attend events for the purpose of Publicity.
12. General Provisions
12.1. The Promoter makes no representation or warranty as to the valuation of the Prize, it’s structural or cosmetic condition or it’s ability to be sold.
Entrants should make and rely on their own enquiries and legal advice about the Prize before entering the competition.
12.2. 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 it’s servants or agents in developing, planning and administering the Competition, distributing the Prize to the Winner or following the distribution of the Prize;
12.3 The Promoter accepts no liability for errors or omissions contained within the Prize details, 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.
12.4 All questions or comments about the Competition, must be submitted to the to the Promoter in writing to the above address via the Website.
12.5 These Rules (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
12.6 This set of terms and conditions for the draw was updated at 20th February 2015, and is governed under the laws and jurisdiction of England and Wales.
Tickets are £1000 each.
By ticking this box I accept and agree to these terms and conditions and wish to proceed to enter the Prize Draw.