Waterfront Property Finder * Real Estate Agency * International Portfolio

Property Raffle Terms & Conditions

The following Terms of contract apply to all Entries submitted to the Competition for which as set out in these Terms, the prize shall be either the Property or a Cash Prize as described below.

TERMS

In entering the Competition, Entrants agree that they have read and accepted these Terms and Conditions and agreed to be bound by them.

The Promoters

The Competition is operated by the Promoter. The Promoter is authorized by the owner of the Property to offer the Property as a prize in this Competition.

 

How to Enter

 

By submitting an Entry, Entrants agree to be bound by these Terms and Conditions. If you do not so agree, do not submit an Entry

 

To validly enter the Competition Entrants must do all of the following:

complete all details on the entry form on the Website;

pay the Entry Fee;

submit an attempted answer or solution to the Challenge.; before the end of the Closing Date (as may be extended in time).

 

At the Promoter’s sole discretion, the requirement to pay the Entry Fee may be satisfied by redeeming a voucher code or credit provided to the Entrant under one of its promotional schemes. Entries so credited as paid shall have the same status as Entries paid in cash excepting that they shall not count towards the calculation of the Minimum Number of Entries..
Payment of the Entry Fee shall be processed by Paypal Merchant Services. This shall be subject to Paypal Services terms and conditions, which shall be available to view by following the link on the payment page: https://www.paypal.com/ie/webapps/mpp/ua/useragreement-full. The Entry Fee must be received by the Promoter in pounds sterling only and if you make payment in a different currency, the amount you pay in that currency may have currency exchange and international transfer charges added.

 

Entrants will be asked to provide their contact details, including and e-mail address and a telephone number. This information will be processed in accordance with the provisions below and the Promoter’s Data Protection and Privacy Policy. The Promoter’s card service provider, Paypal, will require the Entrant’s physical address, postcode and card payment details. Once the Entry is submitted, the Entrant’s card payment will be electronically approved and the Promoter will not retain any records of the Entrant’s card details.

 

The Promoter will store and process the Entrant’s personal information (which must include details of at least one form of contact which will be used for the following purposes:

 

to notify any Winner or Runner(s) Up that they that they have won a prize in the Competition;

to administer the Website and conduct the Competition; and

after a Draw, to post the Winner and any Runner(s) Up's first name only and town of residence on the Website and in publicity about the Competition.

 

All Entrants are solely and completely responsible for providing the Promoters with accurate and current contact details.

 

The Promoters 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 the Entrants or otherwise.

 

The Promoters will not accept:

 

responsibility for Entries that are lost, mislaid, damaged or delayed in transit, regardless of cause including, for example, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or any other purported proof of entry to the Competition other than as recorded by the Website’s systems.

 

An Entry shall be declared void (without any refund being given) if the Entrant 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.

Each individual Entrant may submit up to 100 (one hundred) Entries, but the Entry Fee must be paid and the Challenge completed on each Entry.

 

Only valid Entries will be entitled to participate in the Competition and only Correct Entries will proceed to Draw phase and be eligible to win any prize in the Competition

 

All Entries will become the property of the Promoters on receipt and will not be returned.

 

All Entries to the Competition are final and no refunds shall be made at any time or for any reason, except in the case of Entries submitted after the Closing Date for which payment has been taken.

 

For help with Entries, please visit the Website.

 

Eligibility

 

The Competition is open for entry only to private individuals (i.e., not companies or businesses) aged 18 or over, excluding:

 

the Promoter, their immediate family, agents, employees or professional advisers; or

anyone else connected with the development or operation of the Website or the conduct or administration of the Competition in any way, shape or form; or

the members of the immediate families or households of the above.

 

In entering the Competition, all Entrants confirm that they are eligible to do so and eligible to claim any prize awarded in this Competition. The Promoters may require any Entrant (including any winner or Runner(s) Up to provide evidence that they are eligible to enter the Competition.

 

The Promoter will not accept Entries that are:

 

automatically generated by computer;

completed by third parties or in bulk;

illegible, have been altered, reconstructed, forged or tampered with; or

incomplete.

 

The Promoters reserve all rights to disqualify Entrants if their conduct is contrary to the spirit or intention of the Competition.

 

Entries on behalf of another person will not be accepted and joint submissions are not allowed.

 

In completing or answering the Challenge, the Entrant recognises that they will be required to exercise skill and knowledge to ensure they have submitted a Correct Entry. Entries where the Challenge has not been successfully and fully completed will still incur the Entry Fee which will not be refunded for any failure to qualify as a Correct Entry.

 

The Promoter reserves the right at any time during the Competition and with immediate effect to amend the Challenge, whether the nature of the questions(s)/test or the time limit to complete it to ensure it remains a test of skill and judgment skill. Any such changes shall not affect the validity of or qualification as a Correct Entry of any Entries received prior to the time of such change.

 

By entering the Competition, all Entrants warrant that all information which they submit 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.

 

The Prize and the Draw

 

The Winner and, where applicable pursuant to term 29, any Runner(s) Up will be determined and maybe awarded prizes so specified on the Website and in accordance with these Terms and Condition

 

The Draw to determine the Winner and any Runner(s) Up will be made on the Draw Date (subject always to the extension of the Closing Date under term 28.)

The Promoter may, at its sole discretion, and at any time during the Competition up to the end of the Closing Date, extend time to a new Closing Date, to be no later than 6 months after the specified Closing Date.

If by the Closing Date (which may be subject to an extension of time as set out in term 28 above), at least the Minimum Number of Entries has been received, the Competition will close and on the Draw Date:

there will be a Draw to determine the Winner, and the prize shall be the Property, plus the Discretionary Bonus Prize;

there may also be a Draw or Draws to determine the Runner(s) Up, who shall be awarded the Runner Up Prize(s)

 

If by the Closing Date (which may be subject to an extension of time as set out in term 28 above), the actual number of Entries received is less than the Minimum Number of Entries, the Competition will close and on the Draw Date there will be a Draw, at the sole discretion of the Promoter, by reference to the proceeds received from the Entries (less the Charity Donation) against the Property Value to either:

award to the Winner the Property as the prize, but without payment of the Discretionary Prize Bonus; or

award to the Winner the Cash Prize and, at the sole discretion of the promoter, there shall be no further Draw(s) to determine the Runner(s) Up, the Winner being the sole prize winner of the Competition.

 

If any Winner or Runner(s) Up cannot be contacted by the Promoter within 21 days of being notified of their status as the Winner by e-mail and/or, telephone to the contact details submitted in their Entry, the Promoter shall be entitled to award their prize to the Entrant next Drawn, with the effect that the first Runner Up (as applicable) would become the Winner, and so on. At the Draw, there shall be such number of additional / reserve Correct Entries Drawn but not actioned or disclosed until required to permit the operation of this alternate Winner / Runner Up arrangement. Any alternate Winner or Runner Up shall likewise comply with the above 21 day contact requirement.

 

The Promoter shall take all reasonable steps to ensure and preserve the random nature of the Draw but shall not be required to comply with any particular regulatory or other standards in this respect. The conduct of the Draw shall be verified by two people who are independent of the Promoter and any Entrant and the Promoter shall, where practically feasible broadcast live streaming video of the Draw on a widely available social media platform and later on the Website. The result(s) of the Draw are final and the Promoter shall not enter into any correspondence in relation to the same.

 

On the Draw Date, the Promoter shall calculate the Charity Donation and apportion the same on a pro-rata basis between the Charities in accordance with the aggregated preferences specified by the Entrants at the time of Entry. The Promoter shall publish the details of the Charity Donation made on the Website. The Promoter’s calculations of the Charity Donation apportionment are final and no correspondence shall be entered into in relation to it.

 

The Winner and any Runner(s) Up will be required to forward a copy of their passport or driving licence together with two utility bills dated within the previous three months to the Promoters to prove their identity and that their Entry was made using a valid debit/credit card belonging to the Entrant or used with the express authorisation of the card holder and that there is no lawful impediment (pursuant to any applicable UK or international law) to Winner or any Runner(s) Up being awarded any prize in the Competition. In the event that Promoter reasonably believes that there may be a lawful impediment to awarding a prize to a Winner or any Runner(s) Up, the Promoter may suspend making such award until the legal issue is resolved, or if, in the reasonable opinion of the Promoter such issue cannot be resolved, to award that prize in a like manner as set out in term 31 above.

 

The Winner and any Runner(s) Up will be required to forward a copy of their passport or driving licence together with two utility bills dated within the previous three months to the Promoters to prove their identity and that their Entry was made using a valid debit/credit card belonging to the Entrant or used with the express authorisation of the card holder and that there is no lawful impediment (pursuant to any applicable UK or international law) to Winner or any Runner(s) Up being awarded any prize in the Competition. In the event that Promoter reasonably believes that there may be a lawful impediment to awarding a prize to a Winner or any Runner(s) Up, the Promoter may suspend making such award until the legal issue is resolved, or if, in the reasonable opinion of the Promoter such issue cannot be resolved, to award that prize in a like manner as set out in term 31 above.

 

The Promoters do not in any way guarantee or give any warranties as to the value of the Property, its condition, history or any other matters associated with the Property and the sale contract for Property will exclude all such matters.

 

The Winner shall be responsible for the payment of their own legal fees and associated charges. Any Stamp Duty Land Tax (SDLT) and contribution to SDLT in the Discretionary Prize Bonus will only be paid in the event of a Draw conducted under term 29 and then only to the extent that SDLT is actually payable. No warranty is given that that the contribution to SDLT part of the Discretionary Prize Bonus will cover all of the SDLT which may be payable by the Winner. The Winner will be responsible for all other taxes or charges incurred arising out of the transfer to and ownership or occupation of the Property, including council taxes, grounds rents and service charges.

 

The Winner shall execute all documents required for the transfer of the Property and take all steps they can to ensure transfer and registration of the Property at the Land Registry within 3 months of the Draw Date.

 

The Promoter shall only deal with any Winner or, as applicable, Runner(s) Up or their estate (in the case of their prior death) and no prize in the Competition is transferable.

 

Winner Announcement

The Winner and any Runner(s) Up shall be announced and publicised on the Website and via email marketing campaigns, as well as on the website www.waterfrontportfolio.com and associated social media pages/sites, such as Facebook, Instagram and Twitter. Any Winner and Runner(s) Up shall cooperate with and participate in the Promoter’s reasonable publicity requests.

 

Limitation of Liability

 

Insofar as is permitted by law, the Promoter, their agents or distributors will not in any circumstances be responsible or liable to compensate any Entrant or accept any liability for any loss, damage, personal injury or death occurring as a result of submitting and Entry or in relation to the Property except where it caused by the negligence or fraud of the Promoter, their agents or distributors, or that of their employees. The Winner’s statutory rights are not affected.

 

The liability of the Promoter to each Entrant is limited to the aggregate value of the Entry Fees paid by that Entrant.

 

The Promoters accept no liability for errors or omissions contained within the description of the Property or the Property Value or for any other 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.

 

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.

 

General

 

The Promoter shall not be a trustee of any Entry Fees received.

 

The Promoters reserve the right to suspend or cancel the Competition at any time either before or after Entries have been received. If the Competition is cancelled, the Promoter will return the Entry Fees to each Entrant by bank card refund or by cheque (at the Promoter’s sole discretion). Any refund of the Entry Fee may be subject to deduction of any irrecoverable service charge fees, which are £1 per ticket. Where the Entry Fee is returned, the Promoter shall have no further liability to the Entrant or to any other person.

Without prejudice to the operation of term 46 above, the Promoters will have the right to cancel the Competition at any time in the event that the Challenge is not effective in excluding a significant proportion of the Entrants from entry into the Draw phase of the Competition.

 

Without prejudice to the operation of term 46 above, the Promoters reserve the right to cancel the Competition in the event that an order is made or a resolution is passed for the winding up of the Promoter, or an order is made for the appointment of an administrator to manage the affairs of the Promoter, or circumstances arise which entitle a court or creditor to appoint a receiver or manager or which entitle a court to make a winding up order, or the Promoter takes or suffers any analogous action in consequence of debt or an application to court for protection from its creditors is made by the Promoter.

 

The Promoters reserve the right to make reasonable amendments to these Terms and Conditions at any time, with immediate effect upon publishing such amendments on the Website. Any such amendments shall not prejudice any Entries received prior to the time of such changes.

 

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 Promoters.

 

The Competition, its administration and all associated activities shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

 

Each Entrant should retain a copy of these Terms and Conditions as at the date of their Entry for their future reference.

 

Definitions

 

The following definitions apply in these Terms and Conditions:

CASH PRIZE: a cash prize payable to the Winner in the event of a draw made under term 30 being calculated as (1) the total value of the total Entry Fees received up to the Closing Date less/minus (2) the amount of the Charity Donation; and (3) the payment processor and acquiring bank fees; and (4) 50% of the total value of the Entry Fees by way of the Promoter’s costs and overheads to operate the Competition.

CHALLENGE: The question(s) or task(s) set out on the entry form of the Website, which the Entrants must complete or answer correctly within the time stipulated on the Website (which may be amended pursuant to term 23), to qualify as a Correct Entry and obtain an opportunity to win any prize in the Competition.

CHARITY(IES): means the charities or charitable causes specified on the Website for the Competition to whom the Charitable Donation will be paid after the Draw.

 

CHARITY DONATION: means 1% of the total value of Entry Fees received to be payable to the Charity(ies) after the Draw Date - where there is more than one Charity, in proportion to the preferences stated by all the Entrants at the time of submitting their Entry.

 

CLOSING DATE: means May 13, 2019, subject to the extension of time provisions of term 28.

 

COMPETITION: means the Competition operated by the Promoters to which these Terms and Conditions apply, wherein the Entrants submit Entries via the Website to win the Prize.

 

CORRECT ENTRY: means an Entry where Entrant has completed or answered the Challenge completely and correctly in all respects.

 

DISCRETIONARY BONUS PRIZE: may be awarded at the sole discretion of the Promoter, being payable only the Winner when the Minimum Number of Entries has been received, being a sum payable to the Winner.

 

DRAW or DRAWN: means the choice of an Entry or Entries, made at random, which may be made by mechanical/physical means or by way of a computer function (at the Promoter’s sole discretion) on the Draw Date to determine a Winner and, where applicable, any Runner(s) Up.

 

DRAW DATE: Up to but no more than 21 days after the Closing Date and at the sole discretion of the promoter (subject to any extension to the Closing Date as set out in term 28)

 

ENTRANT: any natural person (not including a limited company, partnership or limited liability partnership) who validly submits and Entry to the Competition, in accordance with these Terms and Conditions.

 

ENTRY: means a validly submitted and completed entry by the Entrant through the Website in order to obtain an opportunity to win the Prize (and ENTRIES means more than one Entry).

 

ENTRY FEE: the entry fee will vary depending on the competition property raffle which is payable as a condition of submitting a valid Entry.

 

MINIMUM NUMBER OF ENTRIES: means 1500 of Entries where the Entry Fee has been paid in cash and excepting any Entries credited as paid by the utilisation of a promotional voucher or credit offered by the Promoter under term 4.

 

OPENING DATE: means November 13th 2018.

PROPERTY: means the advertised property(ies) or investment as advertised on the property raffle page on the website: www.waterfrontporfolio.com 

PROPERTY VALUE: being the amount so specified as an asking price by the owner of the Property for the purposes of offering it as a prize in this Competition.

 

PROMOTER: Waterfront Real Estate Ltd, t/a Waterfront Portfolio, 8 walnut tree close, bourne end, bucks, sl8 5ds, company no. 07367193.

 

RUNNER(S) UP: The Entrant(s) corresponding to the next 1 of Correct Entries Drawn after the Winner on the Draw Date, subject always to a draw taking place in accordance with term 29 and not otherwise.

 

RUNNER(S) UP PRIZE: means the cash prizes of £100 to be awarded to the Runner(s) Up, payable subject always to a Draw taking place in accordance with term 27 and not otherwise.

 

WEBSITE: https://www.waterfrontportfolio.com

WINNER: The Entrant corresponding to the first Correct Entry Drawn on the Draw Date and in accordance with these Terms and Conditions.