Terms & Conditions
These terms and conditions (“Conditions”) set out the conditions and competition rules for the United Dreams competitions. 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:
Cancellations / refunds are not offered after a ticket has been sold. All sales are final;
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 A x placing the ball as chosen by the Competitor to have the opportunity of winning the Prize;
Entry Fee priced per competition Entry unless otherwise stated;
Management Fee the fee chargeable by the Promoter for running the Competition being 35 (thirty five) per cent of all Entry Fees;
Maximum Number of Entries shall be disclosed at entry point
Opening date March 2010
Closing date TBA
Website www.uniteddreams.co.uk
Winner the Competitor with the correct and winning combination of X as marked on or after the specified Closing Date of each competition 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;
-
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 Prize Site.
2.2 The price of entering the prize Competitions is as stated 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) 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 Entrant to retain a copy of the confirmatory email referred to at clause 2.5.
2.7 The Competition will close on the Closing Date. The Promoter reserves the right to extend the Competition for a maximum of 3 months at its absolute discretion.
2.8 The Competitor will be offered the opportunity to use their skill and judgement to find the correct position of the ball in order to be successfully entered into the Competition.
2.9 The competition may be closed for entries at any time throughout the Competition if deemed appropriate by the Promoter.
2.10 The Competitor acknowledges that the spot the ball competitions require a level of judgement and skill in correctly placing the ball.
2.11 No refunds shall be made to a Competitor after they have entered the Competition, except for entries made after the Closing Date.
2.12 The Winner will be drawn at random within 10 (ten) days of the Closing Date
2.13 The winning location of the ball will be decided by an independent source using their professional judgement with independent witnesses in attendance
2.14 The Promoter will be the sole arbitrator of the Competition and any aspect of the content of 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 2.10 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) days of the Winner being drawn.
2.16 The Winner will be required to provide a copy of email confirmation and proof of ID
2.17 If the Winner does not provide such information within 20 (twenty) 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.
2.18 If the Winner cannot be contacted by the Promoter, within 28 (twenty eight) 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 2.12 above.
2.19 The Winner will be required to sign a transfer deed to transfer the ultimate Prize into the Winner’s name within 28 (twenty eight) 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 plus legal fees (if any accrued) with the balance of all Entries (being the number of tickets sold multiplied by the Entry Fee less the Management Fee) being allocated to the Winner as an alternative prize. The Winner shall be determined in accordance with clause 2.12.
2.22 The Winners of all prizes agrees that its details can be published on the Website within 2 (two) days of the Winner being determined by the Promoter in accordance with the Privacy Policy detailed 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 Competitions, 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 one person can make via the Website.
3. Prize
3.1 Details in relation to the Promoter’s title to the Prize can be found on the Website.
3.2 The ultimate Prize will be transferred by the Promoter to the Winner free from all fees 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 All Competitors agree to the Promoter holding their personal data and acknowledge 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 The Competitors acknowledge and accept that the Promoter may be legally required to provide their details to third parties, including but not limited to regulatory authorities for the prevention of money laundering.
5. General
5.1 All Entry Fees for the main prize shall be held in a separate trust account in the name of the Promoter until the Winner of the Competition prize is determined.
5.2 All Competitors accept that the Competition is a prize competition for the purpose of section 14(5) of the Gambling Act 2005 and to win the Competition the need to answer the Questions. All Competitors further accept that the determination of the Winner is not by chance.
5.3 The Competitors accept that by entering the Competition and paying the Entry Fee they do not receive any guarantee that they 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 them is true, complete and accurate. The Promoter reserves the right to disqualify any Competitor, at its absolute discretion, if they believe 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 an 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. It shall be the responsibility of the Competitor to contact the Promoter if they do not receive the confirmatory email 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 all Competitors should rely on their 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 House Competition is cancelled, the Promoter will return the Entry Fees ( as described in 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
The Gambling Act 2005 (UK)
Prize competitions and free draws are free of statutory regulatory control under the Gambling Act 2005 (the Act). Such competitions and draws can therefore be organised commercially for private benefit and profit. This contrasts with public lotteries which are the preserve of good causes, and must, unless they qualify in one of the ‘exempt’ categories, operate under a licence issued by the Gambling Commission (the Commission).
The Act contains provisions designed to make clear the distinction between lotteries and prize competitions and free draws. Although the Commission has no regulatory responsibilities in respect of competitions and draws, we are nonetheless expected to monitor the boundary between them and lotteries. We also have duties in respect of pursuing and prosecuting illegal gambling and will act where schemes are organised and promoted that, in our view, amount to unlicensed and therefore illegal public lotteries.
Reflecting all this, the Commission is publishing this paper which sets out our opinion of the implications of the provisions in the Act relating to lotteries, competitions and draws and in particular where the boundaries lie between the three. We do so in order that those organising competitions and draws have some guidance available on what the Commission considers is needed to avoid breaches of the Act.
In prize competitions, success depends, at least in part, on the exercise of skill, judgement or knowledge by the participants. This distinguishes them from lotteries, where either success depends wholly on chance or, in a complex lottery, the first stage relies wholly on chance. Section 14(5) of the Act addresses this distinction.