Definitions
CONTEST: The competition operated by the promoter to which these terms and conditions apply, wherein the entrants submit entries via the website winahouseinitaly.co.uk or by post.
PRIZE: 1st Prize: Via Villa Nuova 5, Carapelle Calvisio, 67020 (AQ), Italy; 2nd prize £10,000 cash; 3rd prizes Hampers of local food and wine to 5 entrants.
VALUATION: £275,000 including notary fees, Italian house taxes and associated travel, transport and transfer costs, and additional prizes.
PROMOTER AND COMPANY: Win a House in Italy team, 2 Fir Tree Cottages, Stone Road, Great Bromley, Colchester CO7 7TX (“the Promoter”), working with website designer and collaborator Grant Bruce Burgoyne.
ENTRANT: Any eligible person who enters the competition through the website or by post to try and win the prize.
ENTRY: An answer submitted to the question by the entrant to have an opportunity to win the prize, in conjunction with the payment of £50 for each ticket.
QUESTION: The question that the entrants must answer correctly to proceed with an opportunity to win the prize.
WINNER: The entrant chosen at random who will receive the prize in accordance with these terms and conditions.
WEBSITE: winahouseinitaly.co.uk
START DATE: 1 April 2018
CLOSING DATE: Extended to 30 September 2019 or when all tickets are sold.
MAXIMUM NUMBER OF PAID ENTRIES: 6,000
General
By entering the competition via the website or by post, 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 promoter (which must include a valid e-mail address), which will be used for the following purposes:
(1) to notify the winner that they have won the prize; (2) to post the winner’s name on the website; and (3) to comply with the privacy policy.
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.
Privacy policy – The entrants and the promoter recognise that the promoter 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 these terms and conditions. The entrants and the promoter also recognise that the promoters 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. The data will not be sold to or used by third parties, and will be used by the promoter to update entrants for the duration of the competition.
The competition is organised and run by the promoter.
The competition is open for entry to all persons aged 18 or over excluding the promoter and their immediate family. Entries made by the entrants to the competition will only be valid if made via the website or by post to the given address.
By entering into the competition, all entrants acknowledge that their payment of £50.00 (GBP) per entry (unless free entry by post) to answer the question and thereby enter the competition does not guarantee in any way that they will win the prize. The promoter does not in any way guarantee the value of the prize and makes no representation or warranty in respect of its accuracy.
Only completed entries will be entered into the competition. 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.
The entrants and the promoters recognise that the transfer of ownership of the house is strictly governed by Italian Law, and the competition itself and its associated activities by UK law.
By entering the competition, entrants warrant that all information that they submit is accurate, true, current and complete. The Promoters reserve 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.
There is no limit to the number of entries that any one person can make via the website (although the total number of paid tickets available is just 6000). There is a limit of one free postal entry per envelope to be sent to the promoter. Don’t forget to include the answer to the question and all your personal details. Paid and free postal entries will be treated exactly the same. We will stop accepting free entries when we reach the number of available free tickets, which is equal to the number of paid tickets, or the competition closes because all paid tickets have been sold.
The promoter reserves the right to amend these terms and conditions at any time and for any reason.
Closing the contest
If the maximum number of paid entries to the competition is not equal to the number of paid entries received as at the closing date, the competition will close and the proceeds will either be deemed sufficient to award the house as a prize at the discretion of the promoter, or the remaining funds will be allocated as a cash prize to a winner after the deduction of any expenses and marketing fees. If all tickets are sold prior to the closing date the draw will take place earlier.
The prize
The purpose of the contest is to win the prize – a house in Carapelle Calvisio in the region of Abruzzo, Italy. The prize will be transferred by the promoter to the winner free from all mortgages, charges and other encumbrances, at the promoter’s expense and including all fees, charges and Italian house purchase taxes. The promoter is not responsible for any taxes incurred in the entrant’s country for winning an overseas property and it is the entrant’s responsibility to know if any taxes are due.
The winner shall ensure that the prize is registered at the local town hall and land registry in the winner’s name. Payments will only be accepted in pounds sterling.
English is the only language in which an entrant may submit their entry.
The contest
The process to determine the winner will begin the day after the closing date, or when all the tickets have been sold, and a final decision will be made within 7 days of that date.
The cost of entering the competition is £50.00 (GBP) per entry and is payable using the “Enter to Win” button on the website. It is also possible to enter for free by post.
In answering the question, the entrant recognises that they must exercise skill and judgement to give the correct answer.
To conclude an entry into the competition, an entrant will be asked to provide their contact details (e-mail address and telephone number) and card payment details. Once the entry is submitted, the entrant’s card payment will be electronically approved. Payment can also be made directly via the bank account details given on the entry page.
When the maximum number of paid entries or the closing date is reached, the competition will close; however the promoter reserves the right to extend the closing date by up to 12 months at their discretion.
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.
The winner of the prize will be the entrant whose details are randomly drawn before an audience of invited guests, and in the presence of a notary or other official.
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.
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 payment means belonging to the entrant or used with the express authorisation of the card or funds holder.
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.
If the winner cannot be contacted by the promoter within 21 days of being notified of their status as the winner by e-mail or the contact details submitted in their entry, the promoter shall be entitled to award the prize to the second place entrant (“The Alternate Winner“). And subsequently the second prize to the first drawn third place entrant. The alternate winner shall have 7 days from notification of their status by the promoters to communicate their acceptance of the prize.
The winner will be required to sign a transfer deed in the city of L’Aquila, Italy, at the office of Notaio Francesco Benedetti, to transfer the property into the winner’s name within 28 days of being notified.
All entry fees will be maintained in a separate bank account by the promoter until the winner of the competition has been determined. The winner agrees to allow the promoters to display his or her name on the website in accordance with privacy policy. The name of the winner will be posted on the website within 24 hours of the winner being determined.
Entrants authorise the promoter 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.
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 promoters will return the entry fees to each entrant (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 entrant or to any other person.
The promoter makes no representation or warranty as to the 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.
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 promoter, 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 promoters accept 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 (and in particular the winner) to satisfy themselves as to the accuracy of any such details and/or any content of this website.
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.
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, postal service delays or any other reason.
These competition rules shall not create or be construed as creating any form of contract, joint venture or other agreement between any entrant and the promoters.
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 entrant should retain a copy of these terms and conditions for their future reference.