1. INTRODUCTION
These Terms and Conditions ("Terms and Conditions") apply to the Competition (capitalised terms are defined in Clause 2 below). Please read these Terms and Conditions carefully before entering the Competition. You should understand that by entering the Competition, you agree to be bound by these Terms and Conditions.
2. DEFINITIONS:
Unless the context clearly indicates otherwise, the following words and terms shall have the following meanings:
CLOSING DATE: Will be 30 June 2012 or as extended at the discretion of the Promoter.
COMPETITION: The Competition operated by the Promoter to which these Terms and Conditions apply, to which the Entrants submit entries via the Website to win the Prize.
COMPETITION SOLICITOR: Means the firm of solicitors instructed by the Promoter in relation to the Competition. Walker Morris Solicitors (REF: AKW) Kings Court, 12 King Street, Leeds. LS1 2HL.
ENTRANT: Any person (not including a limited company, partnership or limited liability partnership) who enters the Competition through the Website to win the Prizes and who's Entry has not been declared void.
ENTRY: The completion of the Competition Questions and the Tie Breaker showed on the Website together with the EntryFee.
ENTRY FEE: Means the sum of £10 (GBP), which is the amount, paid by the Entrant to submit one entry to the Competition.
MAXIMUM NUMBER OF ENTRIES: 500 000
OPENING DATE: 1 July 2010
PANEL OF JUDGES: means two independent parties appointed by the Promoter.
PRIZE: The Purpose of the Competition is to win prizes and there are 3 different types of Prizes, which can be won when a specific amount of valid entries as set out in paragraph 38, are received;
PRIZE 1; a 14 day holiday at La Gaucherie during peak season for 10 consecutive years, inclusive of fares for the first year commencing in 2011.
PRIZE 2; a 7-day holiday at La Gaucherie during mid/low season
PRIZE 3; an I Tune Voucher for £50
PROMOTER: La Gaucherie Holidays LTD reg number 7247866
RUNNER UP: Means in the event that any of the Winners cannot be contacted in accordance with Clause 25 the Entrant who has submitted as determined by the Panel of Judges to be the next best entry which would have placed the entrant as the next winner following the procedure set out in Clause 31.
TIE BREAKER: Means the question "what would winning a holiday at La Gaucherie mean to you?" in no more than 20 words. The Promoters are looking for an inspiring answer.
VALID ENTRIES: Means those Entries which have been submitted to the Competition and which the Promoter has confirmed by email to the Entrant which have not been deemed void.
WEBSITE: means the Website with the URL www.lagaucherieholidays.com
WINNER: The winner will be the entrant who has submitted a valid entry , answered the competition questions correctly and submitted the answer to the Tie Break question which is deemed by the Panel of Judges to be the best.
3. GENERAL
1. By entering the Competition via the Website, Entrants are deemed to have read and accepted these Terms and Conditions and agree to be bound by them.
2. Upon entering the Competition, all Entrants must submit all contact details requested by the Promoter (which must include a valid e-mail address) which will be used for the following purposes: (a) to notify the Winner that they have won the prize; (b) to post the Winner's name and town of residence on the Website; and (c) to comply with the Privacy Policy.
3. All Entrants are solely responsible for providing the Promoter with accurate and current contact details.
4. The Promoter will be in no way liable for any failure or inability to make contact with any Entrant due to any errors, omissions or inaccuracies in the contact details provided by that Entrant or otherwise.
5. PRIVACY POLICY: The Entrants and the Promoter recognise that the Promoter and their agents and advisers 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 the Website Privacy Policy and these Terms and Conditions. The Entrants 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.
6. The Competition is operated by the Promoter and the Promoter's agents and advisers.
7. The Competition is open for entry to all persons aged 18 or over excluding the Promoter, professional advisers or anyone else connected with the development or operation of the Website or with the administration of the Competition.
8. Entries made by the Entrants will only be valid if submitted via the Website.
9. By entering into the Competition, all Entrants acknowledge that their payment of the Entry Fee per Entry does not guarantee in any way that they will win the Prize.
10. The Promoter does not in any way guarantee or make any representation as to the value of the Prizes.
11. Only Valid Entries will be entered into the Competition.
12. 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.
13. Each Entrant recognises 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 depends to a substantial degree on the exercise of the skill, judgment and knowledge of each Entrant and that the Prize is not allocated wholly by chance.
14. By entering the Competition, each Entrant represents and warrants that all information which he or she submits is accurate, true, current 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 Terms and Conditions.
15. There is no limit to the number of Entries that any one person can make via this Website.
16. The Promoter is not responsible or liable in any way for and makes no representation or warranty in respect of the value of any prizes.
17. All Entries will become the property of the Promoter on receipt and will not be returned.
18. Entrants will receive a combined confirmation e-mail and receipt from the Promoter within 2-5 working days of receipt by the Promoter of their Entry into the Competition.
19. The Promoter shall not retain details of each Entry for subsequent third party or other access directly from the Website. It is the sole responsibility of each Entrant to retain a copy of the confirmatory e-mail referred to above for his or her future reference.
20. The Promoter reserves the right to make reasonable amendments to these Terms and Conditions at any time and for any reason. If any amendments are made to the Terms and Conditions then notice of such amendments will be displayed on the Website. Entrants who do not accept the revised Terms and who notify the Promoters in writing within five working days may withdraw from the Competition and have their entry fee refunded. Otherwise, such changes shall be binding on Entrants and will take effect immediately on the expiry of the five day's notice period.
THE PRIZE
21. The purpose of the Competition is to win the Prize;
22. The prize is set out in the Definition of 'Prize'.
23. Payment of the Entry Fee will only be accepted in pounds sterling.
24. English is the only language in which an Entrant may submit their Entry.
THE COMPETITION
25. The process to determine the Winner will begin the day after the Closing Date and a final decision and notification to the winner will be within 10 working days of the Closing Date.
26. The Entry Fee is payable using the "Enter Now" button on the Competition Website.
27. To submit an Entry into the Competition, an Entrant will be asked to provide their contact details (including postal and e-mail addresses and a telephone number) and card payment details. Once the Entry is submitted, the Entrant's card payment will be electronically approved. A copy of the Entrant's contact details will be retained for the sole purpose of contacting the Entrant in accordance with Clause 35 in the event that they are declared the Winner.
28. Entry to the Competition and acceptance as a Valid Entry will only be confirmed upon approval of the payment and by the sending of the combined confirmation e-mail and receipt as described above by the Promoter to the Entrant to confirm their entry into the Competition. The e-mail will confirm the date of entry and that the Entry is registered as a Valid Entry.
29. When the Maximum Number of Entries or the Closing Date is reached whichever is the sooner, the Competition will close; however the Promoter reserves the right to extend the Closing Date by a period of up to 3 months.
30. All Entries to the Competition are final and no refunds shall be made at any time or for any reason.
31. In this Competition there is a maximum of one hundred Winners and a minimum of one Winner. The process for determining the Winner or Winners will be the same. In the event of 50 000 valid entries being received then the first Winner chosen will be "First Prize Winner", the next nine Winners chosen will be "Second Prize Winners" and the remaining ninety Winners chosen will be "Third Prize Winners". If no more than one Entrant answers all competition questions correctly, then that Entrant shall be First Prize Winner. In the event of more than one Entrant answering the questions correctly then the Tie Break answers of those entrants who have answered the questions correctly will be looked at by the competition judges and the First Prize Winner will be the person who has, in the opinion of the judges, given the best answer to the Tie Break question. This process will then be repeated to select all other winners.
32. The Winners will be required to forward a copy of his/her passport or driving licence certified by a solicitor as being a true copy of the original to the Competition Solicitors to prove his/her identity and that his/her winning Entry was made using a valid debit/credit card belonging to the Entrant or used with the express authorisation of the card holder.
33. 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 this Prize Competition and each Entrant agrees that the usual ability to give notice of cancellation of the contract under the Consumer Protection (Distance Selling) Regulations 2000 will not apply to this Competition.
34. The Winner will be required to comply with all relevant legislation.
35. The Prizes will be given to the winners within 56 days of the winner being announced.
CLOSING THE COMPETITION
36. If a minimum of 50 000 valid entries are not received as at the Closing Date or extended period, the Competition will close and all Prizes will not be issued to the Winners unless the Promoter agrees to transfer the Prizes to the Winners. If a minimum of 50 000 valid entries are not received then such circumstances as outlined in clause 38, shall be defined as a "Default Event". In a Default Event as set out in clause 38, any reference to "the Winners' Pot" means the number of tickets sold multiplied by the ticket price. The Promoter will be entitled to retain up to 35% of the Winners' Pot to cover the legal, professional, website development, banking, payment processing, stamp duty, administration, marketing expenditure and charitable donations. The remaining balance following deduction of these sums from 'The Winners Pot' is "The Prize Fund" which will then be distributed to the Winner but only as set out in Clause 38.
37. If the Maximum Number of Entries are received than the Winners of the Competition will be determined in accordance with the method described in clause 31 above.
38. In a Default Event, the Prizes and/or the Prize Fund will be determined as set out below:
(i) If less than 4999 Valid Entries are received
A Winner will be selected in accordance with paragraph 31 and the "Prize Fund" will be distributed to the Winner.
(ii) If 5000 to 9999 Valid Entries are received
90 Winners will be selected in accordance with the process set out at paragraph 31 and 90 Winners will each receive Prize 3.
(iii) If 10000 to 49999 Valid Entries are received
99 Winners will be selected in accordance with the process set out at paragraph 31. The first 9 Winners selected will each receive the Prize 2 and the next 90 winners selected will each receive Prize 2
(iv) If 50,000 or more Valid Entries are received
100 Winners will be selected in accordance with the process set out at paragraph 31. The first Winner selected will receive the prize 1 ; the next nine Winners selected will each receive prize 2 ; the next 90 winners selected will each receive prize 3.
39. The Promoter reserves the right to give away the Prizes at any stage even if the required number of Entries are not received.
OTHER ISSUES
40. The Winner's Pot will be maintained in a separate bank escrow account in the name of the Promoter, until the Winner of the Competition has been determined.
41. By entering the Competition the Entrants acknowledge that the Promoter has incurred fees relating solely to this Competition (including contributions the Love Hope and Strength Foundation, website development cost, legal and professional fees, marketing fees, bank fees and payment processing fees).The Entrants agree that these fees, costs and expenses may be deducted from the Winner's Pot, subject to a limit of (35%) and as approved by the Competition Solicitors and the aggregate sum will be published on the Website.
42. The Promoter will display the Winner's name on the Website in accordance with the Privacy Policy. The name and town of residence of the Winners will be posted on the Website for the purposes of announcing the Winners of the Competition within 1 - 3 days of the Winners being determined, unless the Winners specifically request in writing to the Promoters that they do not want such information published on the website then the Promoter will only announce that the Winners have been established.
43. Entrants authorise the Promoter and their agents and advisers to enter their personal details into their database and to use the information in accordance with the provisions of the Data Protection Act 1998 and subject to the terms of Privacy Policy.
44. 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 Fees, to each Entrant (in such manner as the Promoter may at their discretion determine and in one combined payment where several entries have been made by a competitor), with the exception of those Entries declared void in accordance with Clause 53, where no refund shall be given. Where the Entry Fee is returned, the Promoter shall have no further liability to the Entrant or to any other person.
45. The Promoter makes no representation or warranty as to the Estimated Valuation of the Prize, its structural or cosmetic condition or its ability to be sold. Entrants should make and rely on their own enquiries and legal advice about the Prize before entering the Competition.
46. The Promoter cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any Entrant entering the Competition or as a result of accepting the Prize. Nothing shall exclude the Promoter's liability for death or personal injury as a result of its negligence.
47. 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 to satisfy him/herself as to the accuracy of any such details and/or any content of this Website.
48. These Terms and Conditions shall be governed by and construed in all respects in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
49. The Promoter will not be liable for any loss suffered by an Entrant as a result of Entries which are not deemed to be Valid Entries or the failure of computer equipment or software or online systems or for any loss suffered as a result of use of the Website.
50. The Promoter does not accept responsibility for Entries which are not received due to failures in computer systems, other malfunctions, high Internet traffic, hardware failure, software failure, server faults or any other reason.
51. It is the responsibility of each Entrant to contact the Promoter if the Entrant does not receive the combined confirmation E-Mail and receipt as described above within 5 days of the submission of any Entry.
52. These Terms and Conditions shall not create or be construed as creating any form of contract, joint venture or other agreement between any Entrant and the Promoter.
53. An Entry shall be declared void (without any refund being given) if the Entrant is under 18 years or age or 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.
54. The Promoter reserves the right to cancel or amend the Competition and the Terms and Conditions 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 outside the Promoter's reasonable control and in such circumstances entry fees will be returned less any payment processing fees incurred by the Promoter.
55. The winner will assume responsibility for all liabilities connected to the Prize.
56. Save for death or personal injury the Promoters 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 Promoters, nor will their servants or their agents in developing, planning and Administrating the Prize Draw, distributing the Prize to the Winner or following the distribution of the Prize.
57. Charitable Donations will be a minimum of [50%] of the costs to be deducted from the ‘Winners Pot' as defined in Clause 36 and will relate to the competition as a whole.
Each Entrant should retain a copy of these Terms and Conditions for their future reference.
