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General Site Terms

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Main Competition Terms

Instant Competition Terms

Definitions:

CASH PRIZE: a cash sum equal to 50% of the Pre Defined Prize.

CLOSING DATE: 25th Oct 2010 at 23:59pm

COMPETITION: the Competition operated by the Promoter to which these Terms and Conditions apply, whereby the Entrants submit entries via the Website.

ENTRANT: any person (not including a limited company, partnership or limited liability partnership) who enters the Competition.

ENTRY: an entry to the Competition via the Website.

ENTRY FEE: the sum of $50.00 (or such other discounted sum as may apply from time to time) payable in pounds sterling in respect of each Entry.

JUDGE: The referee from the game shown in the Photograph.

MAXIMUM NUMBER OF ENTRANTS: 400,000

MINIMUM NUMBER OF ENTRANTS: 15,000

OPENING DATE: 10th Jul 2009 at 9.00am.

PHOTOGRAPH: the digital photograph accessed via the Website as part of the Competition taken from a game of football and from which the football has been digitally removed.

PRE-DEFINED PRIZE VALUE:

  • Kick-Off Level - if by the Closing Date there are between 15,000 and 27,999 Entrants the Winner may choose a Property or Properties up to the value of $400K)
  • Bronze Level - if by the Closing Date there are between 28,000 and 39,999 Entrants the Winner may choose a Property or Properties up to the value of $800K)
  • Silver Level - if by the Closing Date there are between 40,000 and 69,999 Entrants the Winner may choose a Property or Properties up to the value of $1.5M)
  • Gold Level - if by the Closing Date there are between 70,000 and 109,999 Entrants the Winner may choose a Property or Properties up to the value of $2.6M)
  • Platinum Level - if by the Closing Date there are between 110,000 and 269,999 Entrants the Winner may choose a Property or Properties up to the value of $4.5M)
  • Diamond Level - if by the Closing Date there are between 270,000 and 400,000 Entrants the Winner may choose a Property or Properties up to the value of $10M)

PRIZE: the right to purchase a property or properties from the Property Pool up to the Pre-Defined Prize Value, in accordance with clauses 19 to 30 unless the Minimum Number of Entrants is not reached by the Closing Date in which case the prize shall be the Reserve Prize.

PROMOTER: Cold Gold UK Limited incorporated and registered in England and Wales with Company Number 06706906 whose registered office is at 1 Berkeley Street, London W1J 8DJ.

PROPERTY: a property forming part of the Property Pool details of which are set out on the Website.

PROPERTY POOL: those properties which are shown on the Website at the Closing Date as being available for the Winner to choose from where the Minimum Number of Entrants has been reached.

PROPERTY VALUATION: the estimated value of a Property based on a valuation or valuations received from independent professional valuers.

RESERVE PRIZE: a sum of money calculated under clause 18.

SELECTION: the selection of co-ordinates on the Photograph by an Entrant in accordance with clause 11.

TERMS AND CONDITIONS: the terms and conditions set out herein to govern the Competition.

TOTAL FUNDS: (the number of Entries) x (Entry Fee)

WINNER: the Entrant whose Selection is the closest to the co-ordinates selected by the Judge on or after the Closing Date as being the centre point of where he believes the football to be.

WEBSITE: www.play4property.co.uk

General

1. By entering the competition via the Website, Entrants are deemed to have read and accepted these Terms and Conditions and agreed to be bound by them. Failure to comply with these Terms and Conditions will result in an Entrant being ineligible to enter the Competition.

2. The Competition is open for entry to all persons aged 18 or over excluding the Promoter, their family, agents, employees, 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.

3. There is no limit to the number of Entries that any one Entrant can make to the Competition however they shall only constitute one Entrant.

4. Entrants are responsible for providing the Promoter with accurate and up to date contact details and the Promoter will not be liable for any inability to make contact with any Entrant due to errors, omissions or inaccuracies in the contact details provided by the Entrants, or technical issues preventing the contact details from being obtained correctly. Entrants shall verify their contact details in the receipt provided, which will be sent by email within 48 hours of submission, and notify the Promoter of any error.

Entrants must submit such contact details as 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

(c) to comply with the Privacy Policy.

5. By accepting these Terms and Conditions you confirm that you are not breaching any laws in your country of residence regarding the legality of entering the Competition. The Promoter will not be held responsible for any Entrant entering the Competition unlawfully. If in any doubt you should immediately leave the Website and check with the relevant authorities in your country.

6. Where the Promoter, acting reasonably, believe that an Entrant is not eligible to enter the Competition they may exclude such Entrant from the Competition and withhold all Prizes and will refund the Entry Fee to that Entrant. 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

(e) amending, or unauthorised use of, any of the code that constitutes the Website.

7. The Competition is governed by English and Australian Law and the Courts of England and Australia shall have exclusive jurisdiction in the event of any dispute arising out of the Competition.

8. English is the only language in which an Entrant may submit their entry and in which any correspondence must be written.

Entry to the Competition

9. The price of entering the Competition is the Entry Fee and is payable only by using the "Pay Now" button on the "Enter Competition" page of the Website.

10. An Entrant should follow the online instructions on how to enter the Competition and shall use skill and judgement, having considered all the circumstances of the game set out in the Photograph, in order to identify the exact point which they believe the Judge will identify as the most likely location of the centre of the football.

11. Entry to the Competition takes place on the date of receipt by the Promoter of the Entry Fee. The Promoter will send a confirmation e-mail and receipt to the Entrant.

12. All Entries are final and no refunds will be made, except in the case of entries submitted after the Closing Date.

13. The Winner may be required to provide evidence 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.

The Winner

14. The Winner shall be determined within ten days of the Closing Date or if earlier ten days after the Maximum Number of Entrants is received. The most likely position of the centre position of the football will be determined by the Judge, using his expertise of the game in the Photograph, in the presence of a solicitor. The Judge's chosen co-ordinates will be electronically checked against those of each Entrant and the Entrant whose chosen co-ordinates match or are closest to that of the Judge will be the Winner. If two or more Entrants are equally the closest to the co-ordinates chosen by the Judge this shall constitute a tie ("Tie"). The Winner will be contacted as soon as reasonably practicable following the judgement of the Competition ("Winner Notification Date").

15. In the event of a Tie then those Entrants shall make a further Selection on a different Photograph and the Winner will be determined in accordance with clause 15. In the event of a further Tie then the actions under this clause shall be repeated until a single Winner is determined.

16. The Promoter's decision as to the Winner shall be final and no correspondence will be entered into about the administration or result of the Competition following the determination of the Winner as described above.

17. Provided that the Minimum Number of Entrants has been reached the Winner shall win the Prize. Where the number of Entrants is less than the Minimum Number of Entrantss the Winner shall win the Reserve Prize.

18. If applicable the Reserve Prize shall be calculated using the following formulae:

[ ] x (Total Funds)

The Prize

19. The Winner shall have the right for 30 days from the Winner Notification Date to notify the Promoter in writing ("Acceptance Notice") that they wish to claim the Prize, or as the case may be, the Reserve Prize.

20. If the Winner has given notice that they wish to receive the Prize then they shall issue a further notice to the Promoter within 30 days of the Winner Notification Date stating either:

a) which Property or Properties listed in the Property Pool they wish to choose ("Prize Property")

b) that they wish to take the Cash Prize rather than a Property or Properties.

21. Subject to clause 17 the Winner shall be entitled to select a Property or a combination of Properties, from the Property Pool which represent a total value not exceeding the appropriate level set out in the Pre-Defined Prize Value.

22. The value of Properties in the Property Pool shall be determined by the Property Valuation and cannot under any circumstances be challenged by the Winner.

23. The Promoter will use reasonable endeavours to ensure that the Winner has a choice of Properties to choose from. However the Promoter can not guarantee that any Property in the Property Pool shall remain in the Property Pool for any period of time or that any particular Property will be in the Property Pool at the time that the Winner selects the Prize Property.

24. The Promoter is under no obligation to maintain any level of value of the Property Pool.

25. Where the stated value of the Prize Property is less than the Pre-Defined Prize Value ("Balance") then the Winner will only be entitled to a cash sum for the Balance if there are no Properties remaining in the Property Pool of a value equal to or less than the Balance.

26. If the Winner does not issue an Acceptance Notice in accordance with clause 19 and if appropriate a notice in accordance with clause 20, the Winner shall have no right to claim the Prize. In such circumstances the Winner shall be the Entrant whose chosen co-ordinates are next closest to these determined by the Judge and the Promoter will notify the Winner as soon as reasonably practicable. The provisions of clauses 19 to 25 shall then apply to that Winner.

27. Once an Acceptance Notice and a notice under clause 20 selecting the Prize Property have been issued the Promoter shall use reasonable endeavours to procure the transfer of the Prize Property to the Winner free from any mortgage or financial charge. The Winner will receive the Prize Property in the condition in which it exists at the date of such transfer and the Promoter gives no warranties as to the physical condition of the Prize Property.

28. The Promoter shall not be liable for any costs incurred by an Entrant in connection with the Competition. In the interests of certainty the Promoter shall not be liable for any Stamp Duty Land Tax, legal fees (whether in the UK or otherwise), local taxes or other fees of whatsoever nature incurred by an Entrant.

29. The Promoter shall be entitled to delay the Competition at any time.

30. If an Acceptance Notice has been issued in accordance with clause 19 that the Winner wishes to receive the Reserve Prize or has been issued under clause 20 opting for the Cash Prize, the Promoter shall transfer the relevant sum to the Winner within 14 days of receiving the relevant notice and the bank details of the Winner.

Miscellaneous

31. All Entry Fees will be maintained in a separate bank account by the Promoter until the Winner has been determined.

32. The Winner agrees to allow the Promoter to display his or her name on the Website for the purposes of announcing the Winner of the Competition.

33. The Promoter reserves the right to cancel the Competition at any time either before or after the Opening Date. If the Competition is cancelled, the Promoter will return the Entry Fee to each Entrant (either by bank card refund or by cheque and in one combined payment where several entries have been made by an Entrant). Once the Entry Fee is returned, the Promoter shall have no further liability to the Entrant or to any other person.

34. Save for death or personal injury arising from the negligence of the Promoter, 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, following the distribution of the Prize, or any dispute concerning the Property Valuation.

35. The Promoter does not accept responsibility for entries which it does not receive or which are incomplete due to failures in computer systems, failed computer communications, other malfunctions, high Internet traffic, hardware failure, software failure, server faults or any other reason. It is the responsibility of Entrants to contact the Promoter if they do not receive the combined confirmation e-mail and receipt described in clause 12 within 5 days of the submission of the Entry.

36. Each Entrant should retain a copy of these Terms and Conditions for their future reference.

37. Once each year in the three years immediately following the Closing Date the Winner shall make themselves available to assist in a marketing event organised by or on behalf of the Promoter. The Promoter shall provide the Winner with no les than one month's notice of such marketing event referred to in this clause.

Privacy policy

38. By submitting personal data to the Promoter, Entrants agree and consent that the Promoter may collect, use and store such data as described in this Privacy Policy. The Promoter may use the personal data provided by Entrants in order to administer the Website and conduct the Competition according to the Terms and Conditions. The Promoter may also use the personal data to keep Entrants updated about the Competition and other competitions operated by the Promoter and may disclose personal data to relevant third parties for the prevention of fraud, money laundering, and for legal or other financial or regulatory reasons. The Promoter will not sell your personal data or make it available to any third parties except as set out in this Privacy Policy. The Promoter has implemented generally accepted standards of technology and operational security in order to protect personal data from loss, misuse, or unauthorised alteration or destruction. The Website may include links to third-party websites - the Promoter can not control and is not responsible for the contents of such websites or for any privacy or data collection policies they may employ. The Promoter reserves the right to amend this Privacy Policy from time to time without prior notice.

39. The Promoter may use cookies from time to time to keep track of Entrants' identity and log-in status. Such cookies only track a PC logging on to the site and cannot on their own identify an individual user of that PC.

40. The Promoter may record requests for site content in order to analyse this information and help improve the Promoters' websites. This information is anonymous and cannot be used to identify individual users.

41. Entrants have the right in the EEA to access information held by the Promoter and where necessary, to have it amended. For more details, please write to the Promoter at Level 29, Chifley Tower, Chifley Sq, Sydney, NSW, 2000. Australia

42. Disputes - Any controversy, dispute, or claim arising shall be resolved through binding arbitration