FREE STREETS PRIZE DRAW TERMS
Your participation in the promotion described below (referred to below as the “Promotion”) is subject to the terms and conditions set out in the following documents (collectively referred to below as the “Terms”):
• these FREE STREETS Prize Draw Terms; and
By participation in the Promotion you are agreeing to the Terms. We advise you to read the Terms carefully and keep a copy for your records.
1. ABOUT US
The Promotion is operated by the following company for and on behalf of itself and its affiliates (referred to below as “we” “us” or “our”).
Company Name: Edwards Sales Limited
Company Number: 03487748
Information Commissioner’s Office Registration Number: Z1057151
Address: 211 Darwen Road, Bromley Cross, Bolton, Lancashire, BL7 9BS
Telephone: 01204 598888
2. WORDS AND PHRASES USED IN THESE TERMS
For ease of reference the following words and phrases in these Terms have the following specific meanings:
“Catchment Area”: The BL1, BL2, BL3, BL4, BL5, BL6 and BL7 postcode districts.“Edwards’ Property Marketing Agreement”: Edwards’ standard terms and conditions for the provision of Edwards’ Sales Services.
“Edwards’ Sales Services”: Edwards’ standard property marketing and sales support services.
“Prize”: The waiver of our commission for the provision of Edwards’ Sales Service for your Qualifying Property subject to the conditions set out in the Terms.
“Prize Draw Website”: www.edwardsfreestreets.co.uk www.edwardsproperty.co.uk
“Prize Draw”: A monthly free prize draw operated by Edwards under the name
“Edwards’ Free Streets” as described in these Terms.
“Promotion Period”: 1 August 2017 until 31 January 2018.
“Qualifying Property”: A residential property in the Catchment Area that you own and that you are interested in selling (but excluding any properties that are either under offer or sold subject to contract).
3. TAKING PART IN THE PRIZE DRAW.
3.1. Who can enter
You may enter the Prize Draw if you are aged 18 years old or over, you are a resident of the United Kingdom and you own, and you are interested in selling, a Qualifying Property in the Catchment Area. You may not enter the Prize Draw if you are an employee or director (or related to an employee or director) of either us, our suppliers or anyone connected with the Prize Draw.
3.2. How to enter
There will be one Prize Draw for each calendar month during the Promotion Period. You may enter the Prize Draw for free (and no purchase is necessary) by completing and submitting an entry form on the Prize Draw Website during that calendar month (this means that you must submit a separate entry form for each Prize Draw that you want to enter). You (and any joint owners) may only submit one entry form per Qualifying Property per Prize Draw.
By submitting an entry form, you confirm that you agree to the Terms, that the information that you provided in the entry form is accurate and complete and that you meet the eligibility criteria in these Terms. We may verify or require that you verify this.
We are not responsible for any failure or delay in your entry form being received by us (and proof that an entry form was submitted or sent is not proof that it was received).
3.3. Rejected entry forms
We may (at our option) exclude your entry form from the Prize Draw if we receive more than one entry form (whether in your name or someone else’s name) for your Qualifying Property or if (in our reasonable opinion) either you or your entry form do not comply with these Terms. We will endeavour (but are not obliged) to notify you if we exclude your entry form.
4. THE PRIZE DRAW
4.1. The Prize Draw
There will be one winner of each Prize Draw. The winner will be randomly selected from all valid entry forms received during that calendar month within seven days of the end of that calendar month, and the winner will be notified (by phone and by email/writing) within fourteen days of the end of that calendar month;
The random selection will be made (at our option) either by means of a verifiable computer process (and supervised by an independent third party) or randomly drawn by an independent third party at our offices.
We will make details of the selection process and the winner available to you on request, but you acknowledge that our decision in relation to the operation of the Prize Draw is final and no correspondence or discussion will be entered into.
4.2. Accepting the prize
If we notify you that you are the winner of the Prize Draw we will waive our commission for the provision of Edwards’ Sales Service for your Qualifying Property subject to the following conditions:
(a) you pass any identity checks (such as money laundering checks) that we are required to carry out by law before providing any property marketing and sales support services;
(a) you enter into a Property Marketing Agreement with us in relation to your Qualifying Property within twenty-eight days that we notify you that you are the winner (and you and we agree that we will both act reasonably and in good faith to agree a valuation for the Qualifying Property and to agree the terms of that contract);
(a) you acknowledge that the prize is non-exchangeable, non-transferable, and is not redeemable for cash or alternative prizes.and that we will not be responsible for any other costs, expenses and fees that you incur in connection with the marketing and sale of your Qualifying Property (such as, without limitation, stamp duty and taxes); and
(a) you agree to participate in any reasonable publicity campaigns in relation to the Prize Draw as Edwards reasonably request, and you consent to Edwards using your name, voice, image and address for publicity purposes in any medium (including without limitation in print material, radio, television, video and on the internet) at any time without additional compensation or prior notice.
4.3. Failure to accept the prize
If you do not enter into a Property Marketing Agreement with us in relation to your Qualifying Property within twenty-eight days that we notify you that you are the winner:
(a) your entitlement to the prize shall expire (and you will not be entitled to receive an alternative prize, whether cash or otherwise); and
(a) we may (at our option) elect to carry out the Prize Draw again and randomly select an alternative winner in accordance with the process described in these Terms.
5. DATA PROTECTION AND PRIVACY
(a) We may change, suspend or close the Promotion, the Prize Draw Website and the Terms at any time without prior notice to you (but will endeavor to give notice of any changes on the Prize Draw Website). We may suspend or terminate your right to participate in the Promotion and/or any contract between us if you breach the Terms. We may assign, transfer, sub-contract, sub-licence or otherwise dispose of the whole or any part of any contract between us without your prior written consent.
(a) If any provision or right under the Terms is found to be invalid or unenforceable then the remaining provisions or rights under the Terms shall be unaffected as if the invalid or unenforceable part did not exist.
6.2. Liability and remedies
(a) If there is any dispute in relation to the Prize Draw, our decision shall be final and no correspondence or discussion shall be entered into.
(a) We shall not be liable for any failure or delay by us resulting from anything outside our reasonable control. We shall not be liable for any disappointment, loss or damage suffered or incurred by you in relation to your use of the Promotion unless that loss was a reasonably foreseeable result of our negligence or failure to comply with these Terms. We do not exclude or limit any liability to the extent that we cannot do so under English law.
(a) The remedies available to either you or us under the Terms shall not exclude or limit any other rights that you or we may have against each other. Any failure by us to enforce any of our rights under the Terms do not affect our right to enforce them at a later date.
6.3. Applicable law
The Terms, and our relationship, is governed by English law and you and we each accept the exclusive jurisdiction of the English courts. Nothing in the Terms will give any right or benefit to any person who is not a party to them.
If you have any questions about the Promotion or the Terms, you can contact us using the contact details set out above. We will endeavour to deal with your questions promptly.