TERMS AND CONDITIONS
1. The Promoter
The promoter is: DZSP Limited (trading as Equinox Living), a company registered in England and Wales with registration number 11048407 and registered office at First Floor, Winston House, 349 Regents Park Road, London N3 1DH. The email address of the Promoter is prize@equinoxliving.co.uk.
Entrants / prospective entrants to the competition will be referred to as “you”.
2. The Competition
2.1. The title of the competition is ‘Win a brand new flat.’
2.2. The competition is a skill based prize competition whereby you will be asked to answer three skill based questions and make payment of the entry fee by credit / debit card by 3oth November 2018. If you answer all three questions correctly, you will proceed to the next stage of the competition where you and other entrants who have answered the questions correctly will be entered into a draw to determine who wins the prize. The winner will be chosen at random by random selection software by Uri Geller on 30th November 2018 and will be supervised by an independent person.
2.3. There is no limit to how many times you may enter the competition.
2.4. In the event that there are not a sufficient number of entries to the competition to cover the value of the flat and the costs of running the competition, as determined solely by the Promoter in its absolute discretion, the Promoter reserves the right to award an alternative cash prize equivalent to all entry fees collected from entrants to the competition, less the reasonable costs of running the competition. The prize in all circumstances shall be non negotiable.
3. How to enter
3.1. You may enter the competition on our website www.winaflat.net upon completing the required information, providing an answer to the question and making payment with a form of payment accepted by the Promoter by 30th November 2018.
3.2. There is a £5 charge each time you wish to enter the competition online. Payment may be made by credit card or debit card.
3.3. By entering the prize competition online, you acknowledge that you agree to these competition terms and conditions.
3.4. The Promoter will not accept
3.4.1. responsibility for competition entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or
3.4.2. proof of transmission as proof of receipt of entry to the competition.
4. Eligibility
4.1. The competition is only open to all residents in the UK aged 18 years or over, except:
4.1.1. employees of the Promoter;
4.1.2. anyone who is professionally connected with the competition or its administration; or
4.1.3. members of the immediate families or households of the above.
4.2. The Promoter will not accept entries from entrants who are not permanently resident in the UK. If the selected winner turns out to not be permanently resident in the UK, then the prize will be forfeited and an alternative winner will be selected, all in the Promoter’s absolute discretion. For the avoidance of doubt, the Promoter specifically disclaims for any liability arising out of any person entering or participating in the competition in jurisdictions outside the UK where it is restricted or prohibited.
4.3. By entering the competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. The Promoter may require you to provide proof that you are eligible to enter the competition and / or claim the prize.
4.4. The Promoter will not accept competition entries that are:
4.4.1. automatically generated by computer
4.4.2. completed by third parties or in bulk;
4.4.3. incomplete.
4.5. Entries on behalf of another person will not be accepted.
4.6. The Promoter reserves all rights to disqualify you if your conduct is contrary to the rules of the prize competition, as determined by the Promoter in its absolute discretion.
5. The Prize
5.1. The prize comprises funds for the purpose of acquiring the following: a 250 year lease on a 1 bed ground floor apartment flat with open plan lounge and fully fitted high quality Arta Cucine Italian kitchen in Abbey House, Grenville Place, Bracknell RG12 1BP (the “Flat”). The Flat is (at the time of going to press) valued at £210,000 by local estate agent Romans (the “Value”). The winner will be liable for up to £300 p.a. of ground rent and up to £1,100 p.a. for service charge, (likely less).
5.2. The Flat is currently being constructed and is due to be complete in summer 2018 This is a target date only, and the Promoter expressly excludes any liability for late or non completion of the Flat.
5.3. The Promoter makes no representation or warranty as to the Value, the Flat’s structural or cosmetic condition, or its ability to be sold or let. Entrants should make and rely on their own enquiries and legal advice about the Flat before entering the competition.
5.4. The Promoter will carry out preliminary searches, and review the lease, title documents, management and leasehold information pack and insurance in relation to the Flat and provide these to the winner. The Promoter does not accept any liability whatsoever for any errors in the review and searches listed above and the winner is strongly advised to appoint a specialist solicitor to carry out all due diligence and to make all necessary registrations with the Land Registry in respect of the Flat.
5.5. The transfer of ownership of the Flat shall be effected by a contract, which shall be drawn up by the Promoter. The winner is strongly advised to appoint its own specialist solicitor to review the contract and all ancillary documents to ensure the transfer has been properly effected.
5.6. The Promoter will pay any of the winner’s conveyancing fees associated with the transfer up to £2,000. For the avoidance of doubt, any fees in excess of this shall be incurred by the winner.
5.7. Any tax liabilities arising from the award of the prizes or any other costs incurred by the winner in relation to participating in the competition or the award of any prize shall be the sole responsibility of the competition winner, except any stamp duty land tax in relation to the transfer of the property, which shall be paid for by the Promoter.
5.8. In order to claim the prize, the Promoter will transfer an amount equal to the Value to its solicitor’s account. Those solicitors will be under instructions to release the sum only in relation to the transfer of ownership of the Flat to the winner. It shall be strictly prohibited to use the cash prize for any other purpose.
5.9. For the avoidance of doubt, the prize winner shall not be entitled to claim the cash equivalent upon being unsatisfied with the searches and due diligence advised above.
5.10. The Promoter reserves the right to substitute the flat originally displayed with another house of equal or greater value in the same locality or cash equivalent if circumstances beyond the Promoter’s control makes it necessary to do so.
5.11. If for any reason the Flat is unavailable to be awarded as the prize, then provided that the fees collected from the competition entries covers the cost of the flat plus the costs of running this promotion, then the Promoter may award an alternative prize of a cash lump sum, which shall be equal to the value of the Flat noted above, less a reasonable administration fee.
5.12. As set out at paragraph 2.4 above, in the event that there are not a sufficient number of entries to the competition to cover the value of the flat and the costs of running the competition, as determined solely by the Promoter in its absolute discretion, the Promoter reserves the right to award an alternative cash prize equivalent to all entry fees collected from entrants to the competition less the reasonable costs of running the competition. The prize in all circumstances shall be non negotiable.
5.13. Except where expressly stated, the prize is as stated, is non-transferable and no cash alternative is available.
6. Winner notification
6.1. The winner of the competition will be notified by the Promoter as soon as practicable after completion at the email address provided with the competition entry.
6.2. The winner’s details (name and county) will be available for six weeks only by sending a SAE to DZSP Ltd, 9 South Park Studios, 88 Peterborough Road, London SW63HH
6.3. All entry payments are non-refundable
7. Claiming the Prize
7.1. The Promoter will make all reasonable efforts to contact the winner. If the winner cannot be contacted or is not available within 21 days of completion of the grand prize draw, the Promoter may select an alternative winner from all correct entries.
7.2. In the event that the winner refuses acceptance of the prize or for whatever reason, cannot take the Prize, the Promoter reserves the right to redraw the prize and award it to an alternative winner.
8. Limitation of liability
8.1. 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 (including economic 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. Your statutory rights are not affected. Promoter takes no responsibility for the condition or actual resale value of any house awarded as a prize or any representations made by the seller prize and the prize winner and his or her solicitors must carry out their own due diligence.
8.2. Nothing in these terms limits liability for fraudulent misrepresentation.
9. Data Protection and publicity
9.1. You acknowledge that the Promoter and its agents and suppliers may use the personal data submitted by each entrant in order to administer and process the competition and contact the winners, in accordance with the Privacy Policy.
9.2. If you are the winner of a competition, you agree that the Promoter may use your name, image and town or county of residence to announce the winner of a competition and for any other reasonable and related promotional purposes.
9.3. You further agree to participate in any reasonable publicity required by the Promoter.
10. The Charity
10% of all profits made as a result of running this competition will be transferred to LandAid within 90 days of the announcement of the winner.
11. General
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 person from participating in the competition.
11.2. The Promoter reserves the right to hold void, suspend, cancel, or amend the prize competitions where it becomes necessary by law or court order to do so or where there is evidence of cheating or fraud.
11.3. The Promoter reserve the right to cancel, amend, terminate or temporarily suspect the promotion in the event of any unforeseen circumstances or technical reason outside its reasonable control, with no liability to any entrants or third parties.
11.4. The Promoter cannot be held responsible for the failure of any third parties to fulfil their obligations associated with this competition or the prize. The winner will be bound by any terms imposed by any third parties providing services as part of the prize.
11.5. Any complaints about or dispute relating to the prize completion shall be first addressed to our customer service team at prize@equinoxliving.co.uk
11.6. These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.
11.7. By registering and participating in the competition, you agree to be bound by these terms and conditions.
11.8. Promoter – DZSP Limited, First Floor, Winston House, 349 Regents Park Road, London N3 1DH. (any enquiries to be sent to SW3HH address only please)