TERMS & C's
TERMS AND CONDITIONS
1. CONTEST: The Competition operated by the Promoter to which these Terms and Conditions Apply, wherein the Entrants submit entries via the website www.winacastle.co.uk or by post to win the prize.
2. PRIZE: Orchardton Castle, Auchencairn, DG71QL, Scotland, United Kingdom. (Freehold)
Includes all land and buildings transaction tax,(also known as stamp duty in England) (May be around £220,000), plus solicitors fees up to a maximum of £3000 + VAT. Part Furnished, vacant and ready to move into.
Any fees or taxes due by non UK citizens or residents, not covered above, will be sole responsibility of the winner.
In the event that less than the Minimum Number of Tickets are sold, the Prize will be a cash prize equivalent to eighty-five per cent (85%, the other 15% will go to charity) of the revenues received from the Ticket sales during the Promotion Period minus competition expenses, running costs, legal costs, credit card costs, marketing, fees and all other expenditure connected to the competition.
2b. If the min target is reached to award Orchardton Castle, but the winner does not want to take up the prize of Orchardton Castle, a cash alternative may be offered at the discretion of the promoter.
3. VALUATION: Owners valuation between 1.5 and 2.7 million / HBR valuation over 2.5 million / Zoopla valuation Nov 2017 - £2,752,000
The property had two offers of 1.4 million last year.
4. PROMOTER: Orchardton Castle Prize Draw is operated by Susan DeVere, Orchardton Castle, Auchencairn. (“the Promoter”)
5. QUESTION: The question(s) which the Entrants must answer correctly (in substantial accordance with the answer held by the Promoter) to obtain an opportunity to win the Prize.
6. ENTRY: An answer submitted to the Question(s) by the entrant to obtain an opportunity to win the Prize
7. ENTRANT: Any person (not including a limited company, partnership or limited liability partnership) who enters the Competition through the Website or by post to win the prize.
8. WINNER: The Entrant, who has answered the question(s) correctly. If more than one person has answered the question(s) correctly, a winner will be chosen at random after the Closing Date who will receive the Prize in accordance with these Terms and Conditions.
9. WEBSITE: https://winacastle.co.uk
10. OPENING DATE: October 19th 2017 5PM BST
11. CLOSING DATE: As per our terms and conditions the closing date will be May 20th - unless entries sell out before then. This date makes much more sense as it is well timed for Yulin and the new owners will be able to take over in the Spring.
12. NUMBER OF PAID ENTRIES: Min :400,000 (to award Orchardton) Max :550,000 paid entries. (The charities and other good causes will receive a donation whatever amount of tickets are sold , we will raise as much as possible for them. We are now looking at raising £250,000+)
13.THE CHARITIES: To clarify the charity position. If the min number of entries is made (400,000 paid entries) for Orchardton we will be able to donate £50,000 to the charities from the competition. If the Max amount of entries is reached (550,000 paid entries) We will be able to give over £250,000 to the charities.
13. By entering the competition via the Website or post, Entrants are deemed to have read and accepted these Terms and Conditions and agree to be bound by them.
14. 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;
15. All entrants are solely responsible for providing the Promoter with accurate current contact details.
16. 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.
18. The Competition is operated by the Promoter.
19. The Competition is open for entry to everyone aged 18 or over excluding the Promoter, her family, agents, employees, professional advisers or anyone else connected with the development or operation of the Website or administering of the Competition in any way, shape or form.
20. Entries made by the Entrants to the Competition will only be valid if made via the Website or via postcard or inside an envelope correctly addressed to Orchardton Castle.
21. By entering into the Competition, all Entrants acknowledge that their payment of £5.00 (GBP) per entry to answer the question and thereby enter the Competition does not guarantee in any way that they will win a prize.
22. The Promoter do not in any way guarantee the value of the Prize.
23. Only completed Entries on the form in Final Step on the web site and entries received by post will be entered into the Competition.
24. 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.
25. The Entrants and the Promoter recognize that the Competition, its administration and all associated activities are governed by Scottish Law and the Promoter and Entrants recognize that the County or High Courts of Scotland shall have exclusive jurisdiction in the event of any dispute arising out of the Competition or its administration;
26. By entering the Competition, Entrants warrant that all information which they submit is accurate, true, current and complete.
27. The Promoter reserve the right to disqualify any entrant (entirely at her own discretion) if there are reasonable grounds to believe the Entrant has acted in breach of any of these Terms and Conditions.
28. Orchardton Castle is a Scottish Baronial Mansion that also fits the criteria of a castle. See links for explanation and examples.
In Scotland Scottish Baronial Mansions can also be castles if they fit the criteria. / Examples. With the black book drawings, the name was changed to Orchardton Castle and the title deed will reflect this on transfer. This had approval from Scottish Heritage, the post office and the local council. (It had previously been known as Glenshinnoch, Orchardton House and Orchardton Hall.)
29. The Promoter is not responsible or liable in any way for the Valuation and makes no representation or warranty in respect of its accuracy. The valuation is an official Home Buyers Report dated Dec 2014. The property is unique and valuation is very difficult.
30. All Entries will become the property of the Promoter on receipt and will not be returned.
31. The Promoter reserves the right to amend these terms and conditions at any time and for any reason.
31a) By 'buy a ticket for less than a pizza', we are referring to Pizza Hut or premium shop bought pizza. Yum.
31b) Bank accounts for International payments are set up with Transferwise purely for this competition.
32. The purpose of the Contest is to win the Prize;
33. The Prize will be transferred by the Promoter or her agent to the Winner of the Contest free from all mortgages, charges and other encumbrances at the Promoter’s expense and including all UK fees, charges and taxes including stamp duty. The promoter will pay the winners legal fees up to £3000.
34. The Winner shall ensure that the Prize is registered at HM Land Registry in the Winner’s name
The Entry Fees
These are in a secure account with the Bank Of Scotland, especially set up for the competition.
35. The process to determine the Winner will begin the day after the closing date and a final decision will be made within fourteen days.
36.The price of entering the competition is £5.00 (GBP) per entry (Eventbrite charges a fee) and is payable using the "Enter Now" button on the "Home" page of the Website. If you buy 5 tickets you receive 5 free, doubling your chances. Free tickets do not count towards the target of 550,000. You may also buy songs and books which give you free entries.
37. In answering the question, the Entrant recognizes that they must exercise skill and judgment to give the correct Answers.
38. To conclude an entry into the Competition, a paid Entrant will be asked to provide their contact details (including postal and e-mail addresses and a telephone number) and bank payment details.
39.When the Maximum Number Of Entries or the Closing Date is reached, the Competition will close; however the Promoter reserves the right to extend or abridge the 2nd closing date by up to 3 months at her discretion.
40. 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.
41. The winner of the Prize will be the Entrant who has answered the question correctly and is randomly drawn by the representative of one of the main charities.
42.The Promoter’s 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.
43.The Winner will be required to forward a copy of his passport or driving license to the Promoter to prove his/her identity and that his/her Entry was made using a valid debit/bank account belonging to the Entrant or used with the express authorization of the account owner. If you entered by post only, you will need to provide proof of address, passport or driving license and the number of your account if you sent a cheque or postal order.
44. 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.
45.If the Winner cannot be contacted by the Promoter within 21 days of being notified of his/her status as the Winner by e- mail, telephone and post to the contact details submitted in his/her entry, or fails to comply with any of these rules, the Promoter shall be entitled to award the Prize to the Entrant selected by drawing another winning entry at random in the same method as described above (“The Alternate Winner“).
46. The Alternate Winner shall have 7 days from notification of his/her status by the Promoter to communicate his acceptance of the Prize. After viewing the Orchardton castle.
47.The Winner will be required to sign a transfer deed to transfer the Property into the Winner’s name within 28 days of Transfer of the Property. Unless they have decided to take a cash alternative.
48. Bonus competitions may be run under the same rules and may require an extra question answered to boost charity awareness. These may be withdrawn at any time by the promoter, even if all entries do not sell out, however the prize offered will still be drawn and presented.
Closing the contest
48. If the Minimum Number of paid Entries to the Competition is less then 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 property 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 charity donations of 15% and all expenses, legal fees and marketing fees.
49. The Promoter will be entitled to retain 15% of the Entry Fees to cover banking fees, administration,marketing expenditure,legal costs, and any other expenses. Any funds received for tickets sold in excess of 500,000 paid will be distributed in their entirety to named charities and good causes named on the web site.
50. All Entry Fees will be maintained in a separate bank account by the Promoter until the Winner of the Competition has been determined.
53.The Promoter reserves the right to cancel the Competition at any time either before or after tickets have been sold. If the Competition has to be canceled by the Promoter, the Promoter will donate the money to the charities.
54. There are no charge backs on entry fees. Once entering you are committed to trying to win the prize and help the charities. You may not claim back your entry fee if you don't win.
55.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.
56. 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;
57. 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 (and in particular the Winner) to satisfy him/herself as to the accuracy of any such details and/or any content of this website.
58. 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.
59. The Promoter do 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.
60. 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 Promoter.
61. 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.
62. Only one free entry will be entered into the contest per post cards received,entries without correct and sufficient postage paid or wrongly addressed will not be accepted. Entries received after the contest close date will not be included.
63. All entries will be treated equally.
64. Each entrant should retain a copy of these Terms and Conditions for their future reference.
65. All sales are final and non refundable in any event except cancellation of the competition by the Promoter.
66.All entrants outside of the UK must make sure that they are not contravening their own laws by entering.