TERMS & CONDITIONS FOR PRIZE COMPETITION AND WEBSITE USE

By completing the Official Online Entry Form you hereby agree to the Competition Terms and Conditions as set out below. Please read these Terms and Conditions carefully before entering the Competition and print and retain a copy of these Terms and Conditions for future reference.

Entry to the Competition cannot be completed without accepting the Terms and Conditions.

A.  DEFINITIONS

1.The definitions below apply in these Terms and Conditions.

ADMINISTRATION COSTS: The costs that we incur in setting up, running and administering the Competition, including legal costs, accountant's costs, marketing costs, public relations costs, advertising costs, information technology costs, web design and support costs, costs we pay web affiliates, and the cost of processing payments.

ALTERNATE WINNER: If the Prize Winner has not contacted the Promoter within 56 days of being notified by the Promoter of their status as the Prize Winner to communicate their acceptance of the Prize, then an Alternate Winner will be chosen.

CLOSING DATE: 17th March 2010 or such later date as the Promoter may determine in accordance with these Terms and Conditions

COMPETITION: The Competition is a game of skill. The Prize is either to win the Property or Net Receipts from the Digital Download Sales of the Competition Track. The Competition is open to everyone aged 18 or over (entrants residing outside the UK can enter to the extent that they are permitted to do so by the laws of their jurisdiction and understand that the Competition is governed by the law of England and Wales) except for the Promoter, the immediate family of the Promoter, the respective companies, agents, professional advisers or anyone else connected with the development or operation of the Website or anyone involved in the administration of the Competition in any way. 

COMPETITION EXTENSION: At the discretion of the Promoter, the Competition may be extended for a period of three months. The Competition may be extended only once.

COMPETITION PHOTOGRAPH: The ‘Spot The Fish' Competition Photograph of an underwater ocean scene which is an entry requirement of the Competition, and that can be found on the Website.

COMPETITION TRACK: The competition track is the digital downloadable song ‘Shake Me' by Sim Lawrence.

COPYRIGHT: The owner or licensee of all intellectual property rights in this Website, and in the material published on it. Music Copyright © 2009 Governance Records Ltd.

DIGITAL DOWNLOAD SALES: This refers to purchases made of the Competition Track ‘Shake Me'.

ELECTRONIC RANDOMISED DRAW: If more than one Entrant correctly identifies the location of the fish in the Competition Photograph, then an Electronic Randomised Draw will take place to determine a Prize Winner.

ENTRANTS: Entrants must complete the Official Entry Form on the Website prior to entry and be of age 18 or over. Entrants residing outside the UK can enter to the extent that they are permitted to do so by the laws of their jurisdiction, the responsibility for ensuring compliance shall lie with the individual Entrant. Any entries made by those excluded under this term will be disregarded.

MAXIMUM NUMBER OF ENTRIES: A maximum of ten entries per person are permitted.

NET RECEIPTS: The Net Receipts are the Digital Download Sales, less VAT and Administration Costs of which we may take up to but no more than 35% of the Net receipts.

OFFICIAL ENTRY FORM: The Official Entry Form can be found on the Website. The Official Entry Form consists of the Competition Photograph, information on how to enter the Competition, and data you will need to supply to the Promoter to validate your Competition entry.

OPENING DATE: 17th December 2009

PRIVACY POLICY: the Privacy Policy as referred to in section G

PRIZE: Either the Property or the Net Receipts

PRIZE WINNER: The Entrant who has most accurately identified the correct position of the fish in the Photograph, or in the case of more than one Entrant identifying the correct position of the fish, the Prize Winner will be the Entrant who is chosen from an electronic randomised draw, and whose entrance application has been received by the Promoter by the Closing Date in accordance with these Terms and Conditions.

PROMOTER: The Prompter is Jackie Eugenie Lawrence otherwise known as Sim Lawrence of Sunrise House (also known as Boskenso), Barrack Lane, Truro, Cornwall, TR1 2DW, trading as Lawrence Promotions, Chy Keres, Alverton Lane, Truro TR1 2DW. VAT Registration Number to follow.

PROOF OF PURCHASE: Proof Of Purchase refers to the receipt an Entrant receives either as a hardcopy or via e-mail, after purchasing the Competition Track from any legitimate company including the Website.

PROPERTY: The property known as Sunrise House (previously known as Boskenso), Barrack Lane, Truro, Cornwall, TR1 2D, England (excluding any fixtures, fittings and furnishings) registered at HM Land Registry under Registered Title Number CL244633

PURCHASING PRICE: The cost of purchasing the Competition Track that can be purchased from the Website for £1.25. Variable entry fees apply when purchasing the Competition Track from any other site other than the Website

TARGET FIGURE: The Net Receipts including administration costs from the Digital Download Sales. The Target Figure is £750 000.

TERMS AND CONDITIONS: All Terms and Conditions relating to this Competition and use of the Website.

WEBSITE: The official Website is: www.simlawrence.com 

B. HOW TO ENTER THE COMPETITION

2. To enter the Competition you must follow the instructions on the Website, purchase the Competition Track for the fee of £1.25 or purchase the Competition Track from any of the online downloadable sites it is available from at the specified price of the individual sites. Each different online downloadable site will fix the price of the Competition Track at their discretion and the Promoter is not liable for the price each individual company charges.  This applies for each entry made. You must use your skill and judgement to correctly identify the location of the fish in the Photograph. There are four clues to help each entrant determine the position of the fish. Prizes are not allocated by chance.

3. All Entrants that identify the position of the fish will be entered into a draw to decide the Prize Winner. If no Entrant identifies the position of the fish, then the Entrant whose chosen pixel is closest to the fish will be the Prize Winner. If more than one Entrant has the exact amount of pixels between their chosen pixel and the fish, they will be entered into an Electronic Randomised Draw to determine the Prize Winner. You can only enter the Competition if you have a valid e-mail address and you have submitted all the information required on the Website.  Once your Official Entry Form has been submitted, if you have purchased the Competition Track from the Website, your card payment will be electronically approved and you will receive confirmation via e-mail, which you must save and print out for Proof Of Purchase. If you have purchased the Competition Track from an online downloadable site, the downloadable site that has authorised your payment is responsible for sending out an electronic receipt of which you must save and print out as Proof Of Purchase. Entry to the Competition will only be confirmed on approval of the payment if making payment from the Website. You are responsible for making sure that your details are correctly entered on the Website. If purchasing from an online downloadable site, a time allowance of 5 working days is given from the time of purchase to the time of entry into the Competition via the Website. If any downloadable site fails to send electronic Proof Of Purchase of the Competition Track, it is advised that you contact the site in question as a matter or urgency to obtain your receipt within the 5 working days allotted. The Promoter does not accept liability for any of the downloadable sites selling the Competition Track in the event that their servers fail to operate or they fail for any reason to send out electronic confirmation of Proof Of Purchase for the Competition Track within the 5 working days allotted.

4. After you have entered the Competition, if you have purchased the Competition Track from the Website, you will receive an e-mail confirming your payment as Proof Of Purchase. It is your responsibility to contact us if you do not receive the email of Proof Of Purchase within 5 working days of your submission of any entry. Please contact us via email at info@simlawrence.com

5. Purchase of the Competition Track and entry to the Competition does not guarantee a Prize. Payments will only be accepted in pounds sterling.

6. If your details change after you have entered the Competition, you will be responsible for letting us know the changes that have been made. Please contact us via email at info@simlawrence.com

7. By entering the Competition, you warrant that all of the information, which you have submitted, is true, accurate, complete and up to date.

8. By entering into the Competition the Prize Winner agrees to participate in media and publicity events relating to the Competition. In particular, the Prize Winner agrees to allow the Promoter to display his or her names, age and town of residence on the Website.

9. By accepting these Terms and Conditions you confirm that you are not breaching, and agree not to breach, any laws in your country of residence regarding the legality of entering the Competition. The Promoter will not be liable in any way if an Entrant enters the Competition unlawfully and such entries will be void. If you are in any doubt, then you should immediately leave the Website and check with the relevant authorities in your country of residence.

C.  THE COMPETITION

10. The Competition will close on the Closing Date. We have the right to extend the Closing Date. The process to determine the Prize Winner will begin the next business day after the Closing Date.

11. The Prize Winner is the Entrant who correctly chooses the position of the fish in the Competition Photograph at the time they entered the competition. If more than one Entrant has identified the correct position of the fish in the Competition Photograph, then an Electronic Randomised Draw will be carried out to determine a Prize Winner. If no Entrant identifies the position of the fish in the Competition Photograph, then the Entrant who chooses the closest pixel to the fish will be the Prize Winner. If more than one Entrant has the exact amount of pixels between their chosen pixel and the fish, they will be entered into an electronic random draw to determine the Prize Winner. The Promoter's decisions as to the Prize Winner are final and no correspondence will be entered into about the result of the Competition following the determination of the Prize Winner as described above.

12. In the event of a Prize Winner being chosen, the Promoter will notify the Prize Winner that they have been successful.  This may take up to 5 working days. The Promoter cannot guarantee the time period within which the Prize will be made available. Information about the Prize Winner will be posted on the Website within 28 days of the Competition closing.

13. The Prize Winner will be required to forward a certified copy of their passport or driving licence and a utility bill not more than 3 months old to us in order to validate their identity. The Prize Winner will also be required to provide evidence that their entry was made using a valid debit/credit card belonging to the Entrant or used with the express authorisation of the cardholder. The Prize Winner will also be required to send in a copy of Proof Of Purchase in form of an electronic printed receipt if the song ‘Shake Me' has been purchased from any other online downloadable site apart from the Website.

14. If the Prize Winner has not contacted the Promoter within 56 days of being notified by the Promoter of their status as the Prize Winner to communicate their acceptance of the Prize, the Promoter shall be entitled to award the Prize to the Entrant whose selection was the next closest or conduct another Electronic Randomised Draw to choose an Alternate Winner. The Alternate Winner shall have 28 days from notification of their status by the Promoter to communicate their acceptance of the Prize, in which case the original Prize Winner chosen shall not be eligible for any share of the Prize. In such an eventuality the Promoter will have no liability to the original Prize Winner for the failure to win the Prize.

15. In the event the Alternate Winner does not communicate their acceptance of the Prize within the period specified in these Terms and Conditions, the Promoter shall be entitled to award the Prize to the next Entrant whose selection was the next closest or to conduct another Electronic Randomised Draw to choose a new Alternate Winner or so on until a person accepts the Prize. The Promoter shall have no liability to any Alternate Winners who do not accept the Prize in accordance with these Terms and Conditions within the stipulated time frame.

16. If the Prize Winner is entitled to and chooses to receive the Property, the Prize Winner will be required to sign a transfer deed to transfer the Property into the Prize Winner's name within 28 days (or such other greater number of days as the Promoter shall determine) of acceptance of their status as Prize Winner

D.  THE PRIZES

17. We do not in any way guarantee the Property's structural or cosmetic condition or its ability to be sold by the Prize Winner. We are not responsible or liable in any way for the valuation of the Property and make no representation or warranty in respect of the accuracy of the valuation. You acknowledge and accept that the valuation is subject to change (upwards or downwards) for reasons beyond our control. All measurements relating to the Property as shown on the Website are approximate. No appliances in the Property have been tested. The details produced on the Website were produced in good faith and are believed to be accurate.

18. The Property will be transferred to the Prize Winner with vacant possession and free from all mortgages, charges and other encumbrances save as recorded under title number CL244633.

19. The Promoter makes no representations or warranties as to the value and condition of the Prize. Entrants should make their own enquiries and legal advice before entering the Competition and/or winning the Prize. The Prize Winner shall ensure and be responsible for the registration of the property in their name at HM Land Registry.

20. We have not made or given any person any authority to make or give any representation or warranty whatsoever in relation to the Property, the Prizes or the Competition.

21. In the event of the Target Figure of £750 000 being reached from the Digital Download Sales,the Prize will consist of the Property or if the Prize Winner so chooses, the Net Receipts of the Competition (up to the value of the Target Figure only) by giving written notice of such election to the Promoter within 10 working days of notification of their status as Prize Winner. Such written notice is to be made either by post to the registered address of the Promoter or by email to info@simlawrence.com

E. WHAT HAPPENS IF WE DO NOT RECEIVE ENOUGH ENTRIES BY THE CLOSING DATE?

22. If the closing date is reached and the Target Figure is not reached, we have the right to exercise a Competition Extension or close the Competition.

23. If, after we close the Competition (including after any Competition Extension as set out in these Terms and Conditions) and the number of entries falls below the Target Figure, the Prize will be the Net Receipts from the Digital Download Sales. The Promoter cannot guarantee that this figure will be substantial, as this will depend on the number of Digital Download Sales received.

24. If the Administration Costs are less than 35% of the Net Receipts, the percentage Net Receipts awarded to the Prize Winner will be recalculated at a higher percentage but no greater than the Target Figure.

F. WEBSITE USAGE

 LIMITED LIABILITY

25. Access to this Website is permitted on a temporary basis. We reserve the right to withdraw or amend the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time we may restrict your access to some or the entire Website, or we may close it indefinitely.

26. We are the owner or the licensee of all intellectual property rights in this Website, and in the material published on it. Copyright laws and treaties around the world protect those works. All such rights are reserved.

27. You must not print off copies or download any extracts from any part of the Website unless expressly authorised by us to do so, unless these are for your own personal use. If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

28. To the extent permitted by law, we, hereby expressly exclude all conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity and any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results or the use of the Website, any websites linked to it and any materials posted on it.

29. You must not misuse the Website by knowingly introducing viruses or other material, which is malicious or technologically harmful (together referred to as viruses. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack. You may not link to the Website without the Promoter's prior written permission.

G. PRIVACY POLICY

30. By submitting your information, entering the Competition and using the Website, you consent to the collection, storage and processing of your personal information by us in the manner set out in the Privacy Policy. We will only use your personal information in accordance with the Privacy Policy and applicable current data protection laws.

View Privacy Policy

H. GENERAL MATTERS

31. The Promoter reserves the right to amend these Terms and Conditions at any time. We shall publish any changes to these Terms and Conditions on our Website.

 32. We reserve the right to cancel the Competition at any time before of after Digital Downloads have been sold if the Competition is found to be or becomes unlawful or we are unable to carry out the Competition because of any legal or regulatory requirement applicable to us or imposed on us. If the Competition is cancelled we cannot return your payment for the Competition Track due to this being a Digital Download Sale and therefore we will have no further liability to you or to any other person.

33. We reserve the right to disqualify you (entirely at our own discretion) if there are reasonable grounds for believing that you have acted in breach of any of these Terms and Conditions. We shall be entitled to declare an entry void if the Entrant engages in any form of fraud (actual or apparent); fraudulent misrepresentation; fraudulent concealment; hacking or interference with the proper functioning of the Website; or amending, or unauthorised use of, any of the code that constitutes the Website

34. If an entry is declared void, there will be no reimbursement  for the Competition Track.

35. In the event of any error, whether printing, technological or otherwise, which affects the Competition in any way, we reserve the right to administer the Competition as though the error had not occurred, unless it would be manifestly unfair for us to do so.

36. You agree 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 in regard to the Prize.

I. LIMITATION OF LIABILITY

37. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms and Conditions.

38. The Promoter's total liability to each Entrant (other than the Prize Winner) in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise (including disappointment) arising in connection with any person's entry into the Competition; or the award, or non award, to an Entrant of a Prize; or, a person taking part or not being able to take part in a Competition; or any act or omission of the Promoters, their servants or their agents in developing, planning and administrating the Competition, distributing the Prize to the Winner; or the performance, or contemplated performance, of these Terms and Conditions shall be limited to the total amount paid by that Entrant for tickets for the Competition.

39. We do not in any way guarantee the value of the Property at the time of its transfer to the First Prize Winner.

40. We shall not be liable for any failure or inability to make contact with you which results from any errors, omissions or inaccuracies in the contact details provided by you or otherwise. By submitting the Official Entry Form you are responsible for the accuracy of the information contained therein. The Promoter reserves the right to disregard any entry where any contact information is inaccurate or invalid.

41. The Promoter does not accept any liability or responsibility for any entries not received by reason of computer failures or for any other reasons such as failures in computer systems, other malfunctions, high internet traffic, hardware failure, software failure, server faults or any other reason. It is your responsibility to contact us (or the company where have purchased the Competition Track) if you do not receive the Email of confirmation of your payment for Proof Of Purchase from either the Website or from the company where you have made your purchase from, and a confirmation receipt with your entry number from the Website as described in clause 4 within 5 working days of the submission of any entry.

42. We will not be liable for any loss or damage caused by a denial-of-service attack or viruses that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

43. We will not be liable for any circumstances beyond our reasonable control, which prevent the Competition from being fulfilled, a Prize Winner being chosen, or a Prize being taken up or fully enjoyed by a Prize Winner.

44. Nothing in these Terms and Conditions shall affect the Promoter's liability for death or personal injury arising from the Promoter's negligence; or the Promoter's liability for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

J. MISCELLANEOUS

45. If any provision of these Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Terms and Conditions, and the validity and enforceability of the other provisions of these Terms and Conditions shall not be affected.

46. If a provision of these Terms and Conditions (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

47. No third party shall have any rifghts under or in connection with these Terms and Conditions.

48. Any notice served on us under these Terms and Conditions shall only be valid when received by us at our registered address or any Email address we have stipulated for that purpose under these Terms and Conditions.

49. The Entrants and the Promoters hereby agree that the Competition is governed by the law of England and Wales and that the courts of England shall have exclusive jurisdiction should a dispute arise. Any dispute arising between the Entrant and the Promoter in connection with these Terms and Conditions shall within 7 days of either party giving written notice to the other be immediately referred to mediation by a single mediator jointly decided between the parties or elected by the Centre for Effective Dispute Resolution. In the event that the mediation is unsuccessful the parties are free to pursue any dispute as they choose.