all above board
OUR TERMS & CONDITIONS
Giving away a £2 million prize is not without its complications but we’ve ticked every box
and jumped through every hoop to ensure our winner can sleep soundly in the lap of luxury.
Terms & Conditions
By entering the Competition, you agree to be bound by these Terms and Conditions.
This Competition is operated in accordance with guidance issued by the UK Gambling Commission so as to be a skill-based competition rather than a lottery or other form of gambling under applicable UK law.
COMPETITION: The Competition operated by the Promoter to which these Terms and Conditions apply, wherein the Entrants submit entries via the website www.cadivus.co.uk to win the Prize.
PRIZE: A 963 year lease on two-bedroom apartment in South Kensington, London, with two bathrooms, at Flat 10, 71-72 Princes Gate, Exhibition Road, London, SW7 2PA (Title No. NGL457717) worth circa of £2,000,000. The Prize also includes stamp duty tax at single property tax rate (www.tax.service.gov.uk/calculate-stamp-duty-land-tax) or second home tax rate (if applicable), solicitors conveyancing fees worth £7,500 (plus VAT)and a cash sum of £10,000 to cover the first year’s utilities, council tax, service charge and ground rent.
The Promoter will donate 1% of all funds raised through ticket sales to a charity.
In the event that the Minimum Number of Entries is not met by the Closing Date, the Prize will be calculated as 50% of the total value of the funds raised from all Entry Fees less the charity donation, booking fees, any applicable taxes and administrative and marketing expenses incurred by the Promoter.
PROMOTER: Cadivus Limited trading from Mortimer House, 37-41 Mortimer Street, London, W1T 3JH (“the Promoter”).
QUESTION: The question which the Entrants must answer correctly (in substantial accordance with the answer held by the Promoters) to obtain an opportunity to win the Prize.
ENTRY: An answer submitted to the Question by the entrant to obtain an opportunity to win the Prize.
ENTRANT: Any person (not including a limited company, partnership or limited liability partnership) who enters the Competition through the Website to win the Prize.
ENTRY FEE: The fee of £10.00 (plus £1.00 for booking fee per transaction) that an Entrant must pay per entry to enter the Competition.
WINNER: The Entrant chosen at random on or after the Closing Date who will receive the Prize in accordance with these Terms and Conditions.
OPENING DATE & TIME: 12:00 12 December 2018
CLOSING DATE & TIME: 23:59 12 June 2019
MINIMUM NUMBER OF ENTRIES: 300,000
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. Upon entering the Competition, all Entrants must submit all contact details requested by the Promoters (which must include first name, last name, address, a valid e-mail address and contact telephone number) 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 county of residence on the Website; and
2. All entrants are solely and completely responsible for providing the Promoter with accurate and current contact details. Entrants may request that the Promoter modifies or updates contact information supplied during the course of the Competition by sending an email to email@example.com and quoting their ticket number.
3. All Competition entries must be received no later than the Closing date. Entries after the Closing date will be invalid and are automatically disqualified. If the Minimum Number of Entries is received before the Closing Date, no further entries will be accepted.
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 the Entrants or otherwise.
6. The Competition is operated by the Promoter.
7. The Competition is open to entrants aged 18 or over excluding the Promoter, their immediate family (defined as parents, children, siblings, spouse and life partners), agents, employees, professional advisers or anyone else connected with the development or operation of the Website or conductor administration of the Competition. Entries made by the Entrants to the Competition will only be valid if made via the Website as instructed.
8. Entrants must ensure that their participation (including the acceptance of any prize awarded) is lawful in accordance with the laws of the country of which they are a citizen and/or resides. This Promotion is void where void under local national laws. The Promoter shall not be taken to make any representations, express or implied, as to the lawfulness of any individual’s participation, or as to any other aspect of any Promotion.
9. By entering into the Competition, all Entrants acknowledge that their payment of £10.00 (plus £1.00 for booking fee per transaction) per entry to answer the Question and thereby enter the Competition does not guarantee in any way that they will win the prize. Payments will only be accepted in pounds sterling.
10. The Promoter does not in any way guarantee the value of the Prize due to fluctuations in the housing market.
11. Only completed Entries will be entered into the Competition.
12. The Entrants and the Promoter recognise that the Competition, it’s administration and all associated activities are governed by English Law and the Promoter and Entrants recognise that the Courts of England and Wales shall have exclusive jurisdiction in the event of any dispute arising out of the Competition or it’s administration.
13. By entering the Competition, Entrants warrant that all information which they submit is accurate, true, current and complete. The Promoter reserve the right to disqualify any entrant if there are reasonable grounds to believe the Entrant has acted in breach of any of these Terms and Conditions
14. By entering the Competition, all entrants confirm that they are eligible to enter the Competition and to claim any prize. The Entrants and the Promoter recognise that the Promoter may require proof of an Entrant’s eligibility.
15. There is no limit to the number of entries that any one person can make via the Website.
16. The Promoter reserves the right to amend these Terms and Conditions at any time and for any reason.
17. The Prize will be transferred by the Promoter to the Winner of the Competition free from all mortgages or charges and other encumbrances, at the Promoter’s expense and including all fees, charges and taxes as stated and registered in the Winner’s name. Full information on Prize can be found by visiting: www.cadivus.co.uk/the-apartment/
18. All future bills or charges associated with the Prize become the sole responsibility of the winner. Entrants must ensure that they are able to make these payments before entering this Competition.
19. The Winner shall ensure that the Prize is registered at HM Land Registry in the Winner’s name.
20. For the avoidance of doubt, the Prize is non-negotiable and non-transferable.
21. Winners are responsible for any taxes or expenses not expressly included in the Prize.
22. The price of entering the competition is £10.00 (plus £1.00 for booking fee per transaction) per entry and is payable using the “Place Order” button on the “checkout” page of the Website.
23. In answering the Question, the Entrant recognises that they must exercise skill and judgement to give the correct Answer.
24. To conclude an entry into the Competition, an Entrant will be required to provide their name, contact number, email and confirm agreement to these Terms and Conditions. Card payment details will then be required, once the Entry is submitted, the Entrant’s card payment will be electronically approved by the Promotor’s chosen payment handler.
25. When either the Minimum Number of Entries or the Closing Date is reached (whichever is sooner), the Competition will close.
26. The Winner of the Prize will be the Entrant whose details are randomly drawn by PromoVeritas, an independent promotional verification service.
27. The Promoters decision is final and no correspondence will be entered into about the result of the Competition following the determination of the Winner as described above.
28. The Winner will be required to forward a copy of their passport or driving licence to the Promoter 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.
29. 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 Competition.
30. All valid entries received during the Promotion Period will be entered into the prize draw to select one winner. The prize draw will be conducted by an independent promotional verification service within 5 working days of the of the Minimum Number of Entries being reached or the Closing Date (whichever is sooner). The Winner will be informed directly via the email address and/or telephone number provided on entry within 7 working days of winner selection. If the Winner 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 the Prize to an Alternate Entrant selected in the same method as described above. The Alternate Winner shall have 7 days from notification of their status by the Promoters to communicate their acceptance of the Prize.
31. If the Minimum Number of Entries to the Competition is not met once the Closing date is reached, the Prize Winner will receive 50% of the total value of the funds raised from all Entry Fees less the charity donation, booking fees, any applicable taxes and administrative and marketing expenses incurred by the Promoter.
32. All Entry Fees will be retained by the Promoter’s chosen payment handler until the Winner has been selected through the random prize draw.
33. The Winner agrees to allow the Promoter to display their name on the Website. The name and county of residence of the Winner will be posted on the Website for the purposes of announcing the Winner of the Competition within 24 hours of the Winner being determined.
34. 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 Promoters, nor will their servants or their agents in developing, planning and Administrating the Competition, distributing the Prize to the Winner or following the distribution of the Prize. The Promoter will not be liable for any loss suffered by an Entrant as a result of incomplete entries or failed computer communications or for any loss suffered as a result of use 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.
35. The Promoter does not accept responsibility for entries which they do not receive due to failures in computer systems, other malfunctions, high Internet traffic, hardware failure, software failure, server faults or any other reason.
36. 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.
37. The Promoter may request that the Winner participates in reasonable related publicity following the close of the Competition.
38. 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.
39. Incomplete or illegible entries and entries which do not satisfy the requirements of these Terms and Conditions in full will be disqualified and will not be counted.
40. If any provisions of these Terms and Conditions are judged to be invalid, illegal or unenforceable, this shall not affect or impact the continuation in full force and effect the remainder of the provisions.
41. Each entrant should retain a copy of these Terms and Conditions for their future reference.
1. We protect your data
This document explains
- What personal data we may collect about you in connection with: (i) providing you with our prize offers through prize draws, competitions and contests; (ii) your online interaction with us (including via our website(s), email or social media channels); (iii) our in-person interactions with you and (iv) any other related channels (collectively, the “Channels”);
- How we collect, store, disclose, transfer, protect and otherwise process that information and for what purposes; and
- Other important information, such as the lawful bases by which we process your personal data, how long we might retain your personal data, and the rights you have in relation to personal data we hold about you.
This policy is intended to be communicated to you in a concise, transparent and easily accessible way, but we appreciate that you may have queries or want to seek clarification as to its terms. If so, please email firstname.lastname@example.org and we will respond as soon as possible.
2. The personal data we process
We collect personal data about you through the Channels when you:
- Access and use our website (including by way of “cookies”);
- Enter a prize draw, competition, contest;
- Subscribe to a special event or our mailing list;
- Request technical support or other care support;
- Participate in polls, surveys and questionnaires;
- Contact us (whether in writing, by email, by telephone or otherwise);
- Otherwise interact with us through the Channels.
The type of personal data we process may include:
- Your full name, postal address, country, email address, telephone number and other information provided by you;
- Your payment details when you enter a prize draw, competition, contest on our website which may include your payment card details.
- and you should not provide us with any such information through any of the Channels.
3. The purposes for which we process your personal data
We use the personal data for the purposes of:
- Confirmation email and prize draw, competition and contest entry receipts and email up-dates;
- Processing your entry payment into a prize draw, competition, contest;
- Contacting you if you are a winner;
- Personalising content on the Channels;
- Sending you promotional and marketing materials, notifications, updates and exclusive news provided you have opted-in to receiving them;
- Responding to any correspondence from you including enquiries, comments, complaints and technical problems;
- Administering any services, questionnaires, contests, or special events which you may have subscribed for;
We may process your personal data for the purposes set out in above ourselves or in conjunction with our third-party service providers.
4. The lawful bases by which we process your personal data
Other lawful grounds
We may process your personal data in any circumstances where such processing is necessary:
- To comply with any applicable law or regulation; or
- For the purposes of the legitimate interests pursued by us or third parties including other general commercial interests and our internal administrative purposes.
5. What if you refuse to provide us with any personal data?
Where we need to collect personal data by law, or under the terms of an agreement we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with your prize). In this case, we may have to cancel the award of the prize to you and choose another winner but we will notify you if this is the case.
We may lawfully obtain information from third parties or public sources and we may process that information where it is an essential component of the prize we offer you.
6. Sharing information with affiliates and third parties
We will not share any of your personal data with third parties except as set out here or otherwise notified to you or agreed between you and us from time to time.
We may share personal data with our group companies and partnered companies (together, “Affiliates”) in order to provide our goods and services to you and for the other purposes outlined in this policy.
From time to time, we will also need to share personal data with the following types of third party service providers who we engage to provide services which facilitate our business and who may need to process your personal data to the extent necessary to provide those services:
i. email service providers;
ii. web analytics services such as Google analytics;
iii. professional service providers, such as marketing agencies, advertising partners and website hosts;
iv. logistics companies;
v. address verification services;
vi. integration platform providers;
vii. other third parties approved by you, such as social media sites which you link to your account (if and when we offer that feature) or share content via or third parties who administer any competitions or surveys on our behalf which you voluntarily partake in; and
We seek to ensure that any third party engaged by us who processes your personal data has policies and procedures in place to ensure compliance with the Data Protection Legislation. Unless otherwise disclosed to you from time to time, we will remain the data controller in respect of your personal data notwithstanding that third parties may be engaged as data processors.
7. Your rights as a data subject
Subject to any conditions or requirements set out in the relevant Data Protection Legislation, you may have some or all of the following rights in relation to the personal data we hold about you:
- The right to request a copy of your personal data held by us;
- The right to correct any inaccurate or incomplete personal data held by us. You can update and amend your personal data by emailing us at email@example.com;
- The right to request that we erase the personal data we hold about you;
- The right to request that we restrict the processing of your data;
- The right to object to certain types of processing of your personal data by us; and
- The right to complain.
8. Storage and retention of your personal data
As a minimum, we will store your data for as long as is reasonably necessary to provide you with the prize and, as a maximum, for a period of twelve months from the end of the promotional period of the relevant prize draw, competition, contest in which you are a winner.
If you tell us that you would like to delete your account, we will take steps to delete all the personal data we hold about you once it is no longer necessary for us to hold it (e.g. to fulfil any prize, resolve disputes, or as is permitted by applicable law or regulation).
For as long as we do store your data, we will follow generally accepted industry standards and maintain reasonable safeguards to attempt to ensure the security, integrity, and privacy of the information you have provided. We have security measures in place designed to protect against the loss, misuse, and alteration of the information under our control. Personal data collected by us is stored in secure operating environments that are not available to the public. Despite our efforts to keep your personal data secure, no system can be 100% reliable. We cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide through the Channels. We will notify you as soon as possible if we have reason to believe that there has been a personal data breach by us (or your personal data held by us).
9. Links to Third Parties
If you access such third party websites, please ensure that you are satisfied with their respective privacy policies before you provide them with any personal data. We cannot be held responsible for the activities, privacy policies or levels of privacy compliance of any website operated by any third party.
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10. Questions and complaints
You have the right to make a complaint at any time to the relevant supervisory authority for data protection issues, which in the UK is the Information Commissioner’s Office (ICO) (www.ico.org.uk)