TERMS
& CONDITIONS
Promoter:
www.pokerdreamdraw.com trading as Poker Dream
Dream is a business.
Prizes: Are the item offered
by the promoter to be won in the competition.
Prize fund: Is the amount of
money that will be awarded if any of the competitions
have not enough entrants to make the award of
the prizes viable. All winners will be selected
by random.
Entrants: Are personnel
over the age of 18 that make a non refundable
payment by one of the specified available methods
on the website to participate in the competitions.
General:
1 - By entering any of the competitions
entrants are deemed to have read and accepted
these Terms and Conditions and agree to be bound
by them. Entrants acknowledge and agree that in
accepting these Terms and Conditions they do not
rely on, and shall have no remedy in respect of,
any statement, representation, warranty or understanding
(whether negligently or innocently made) of any
person (whether or not such person is a party
to these Terms and Conditions).
2 - Upon entering any of the
competitions 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) For general
email marketing and 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. If this condition
is not met the entry will be invalid and the entry
fee (if paid) will be forfeited by the entrant
3 - Entrants are responsible
for providing the promoters with accurate and
current contact details.
4 - The Promoter will be in no
way liable for any failure or inability to make
contact with any entrant for any reason including
reason of any errors, omissions or inaccuracies
in the contact details provided by the entrants
or otherwise.
5. Privacy Policy - The entrants
and the Promoters recognise that the Promoters
may use contact details and other data including
personal data as defined by the Data Protection
Act 1998 supplied by the entrants to the Promoters
to administer the Website and conduct the Competition
according to these Terms and Conditions. The entrants
and the Promoters 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.
6 - The Competitions are operated
by the Promoters.
7 - The Competitions are open
for entry to anyone aged 18 or over excluding,
the Promoters, their family, agents employees,
professional advisers or anyone else connected
with operation of the Competitions Promoters.
Any Entrant submitting an Entry in contravention
of this condition shall have his/her Entry disqualified
and shall forfeit the Entry Fee paid.
8 - Entries are valid only if
made via the Website in accordance with these
Terms and Conditions
9 - By entering into any Competition
all entrants acknowledge that their payment of
entry fees to complete the Entry, does not guarantee
in any way that they will win one of the Prizes.
10 - The Promoters do not in
any way guarantee the value of any of the Prizes.
11 - The Entrants recognise that
the Competitions are Prize Competitions for the
purposes wholly by chance.
12 - The entrants and the Promoters
recognise that the Competitions, their administration
and all associated activities are governed by
English Law and the Promoters and entrants recognise
that the County or High Courts of England shall
have exclusive jurisdiction in the event of any
dispute arising out of the Competition or its
administration. Entrants who are not UK residents
warrant by their entry into the Competition that
they are not in contravention of the laws of their
country of residence. The Promoters accept no
liability for Entries submitted by Entrants in
contravention of the laws of their country of
residence.
13 - By entering any of the Competitions
entrants warrant that all information which 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.
14 - An individual Entrant is
limited to a maximum of 500 (five hundred) entries.
15 - The Prizes have been valued
by comparison to others of similar description.
The Promoters are not responsible or liable in
any way for the valuations given of the prizes
by any party and makes no representation or warranty
in respect of the valuation accuracy.
16 - Entrants will receive a
confirmation email upon acceptance of the Entry
Fee and that notification will be confirmation
that the Entry has been accepted.
17 - The Promoters reserve the
right to amend the Terms and Conditions at any
time and for any reason. Any amendment will be
valid from the time that the amended Terms and
Conditions are posted on the website.
18 - Any payments made in connection
with the Competitions are to be made in pounds
Sterling.
19 - The purpose of the Competition
is to win one of the Prizes;
20 - The Prizes will be transferred
to the Winners with clear title and free from
any claims as at the Closing Date. In the case
of Freehold or leasehold property, The Prize includes
stamp duty calculated at current rates of the
estimated value of the Prize but the Promoters
give no warranty that either the rate of stamp
duty payable is correct nor that the amount awarded
in respect of the winners prize and /or that legal
fees will not exceed the sum set out in the Valuation.
21 - English is the only language
in which an Entrant may submit an Entry, or communicate
with the Promoter.
22 - The process to determine
the Winner will begin the day after the Closing
Date and a final decision will be made within
7 days of that date.
23 - The Entry Fees are the amounts
paid per entry, which is payable through the website.
24 - In completing the Entry
the entrant recognises that chance of ticket proportion
may increase odds if bought in substantial amount
25 - To submit an entry into
a Competition an entrant will be asked to provide
their contact details (including postal and e-mail
addresses and a telephone number) and payment
details.
26 - Entry to any Competition
will only be confirmed after successful submission
of an Entry, the completion of the contact details
requested and approval of the payment. Problems
with payment are not the responsibility of the
Promoters. Any problems with payment will eliminate
the entrant from the Competition.
27 - Each Competition will have
its own closing date. When 23.59hrs pm of each
the Closing Date is reached the Competition will
close
28 - All Entries to any Competition
is final and no refunds shall be made at any time
or for any reason. All Entries become the property
of the Promoter on successful submission of any
Entry to any Competition
29 - The independent raffle will
determine the prize winner
30 - The Promoter’s decision
in respect of any other matter or dispute arising
from the payment or awarding or non-payment or
non-awarding of Prizes shall be final and binding
upon all entrants and any other person or persons
having any interest in the matter or dispute.
No correspondence will be entered into about the
results of any Competitions following the determination
of the Winners
31 - Within 7 days of any Closing
Dates the Winner will be required to forward by
recorded delivery a copy of their passport or
driving licence to the Promoters to prove their
identity and that their Entry was made using a
valid debit/credit card or ‘Ukash’
voucher belonging to the Entrant or used with
the express authorisation of the card holder.
Any winner must also provide evidence of their
payment of the Entry Fee and any transaction number
or reference associated with it. Production of
a copy of the e-mail issued in accordance with
condition 16 above shall be sufficient evidence
of payment of the Entry Fee
32 - 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.
33 - If any Winner cannot be
contacted by the Promoter within 28 days of being
notified of their status, as the Winner, by e-mail,
telephone or mail to the contact details submitted
in their entry, the Promoter shall be entitled
to re-run the raffle.
34 - (a) If a Winner declines
to accept the Prize then the Promoter shall be
entitled to award the Prize to another entrant
selected by drawing another Entry in the same
way as before. This further winner shall have
7 days from notification of their status by the
Promoter to communicate their acceptance of the
Prize.
(b) If awarding any Prize(s)
to a Winner would be in breach of English Law
then the Promoter shall be entitled to award the
Prize to the Entrant selected by drawing another
Entry.
35 - The Winner will be required
to sign a transfer deed or other legal equivalent
to transfer the Prize into the Winner’s
names within 31 days of Transfer of the Prize.
36 - During the subsistence of
the Competition the Promoter may substitute a
new ‘dream ticket; on the website in substitution
of the original posted there and completion of
the newer 'dream ticket' shall thereafter constitute
an Entry.
37 - If no correct Entry is received
then there is no Winner of the Competition.
38 - The Closing Date is advertised
on the web site and is different for each competition,
provided that
(a) If the number of Entries
does not reach 100 % of the required Entries by
the Closing Date the Promoter reserves the right
to extend the Closing Date by up to 3 months at
their discretion.
(b) If the number of Entries
does not reach 100 % of the required Entries by
the Closing Date or if no correct Entry is received
by the Closing Date then (if the Promoter elects
not to extend the Closing Date) the Promoter may
elect to either:
(i) award the Prizes regardless
of the number of Entries being less than 100 %
of the required Entries; or
(ii) close the Competition and
award financial prizes.
In this event the prizes will no longer be the
Prizes listed. Instead it will then become the
Prize Fund of each competition The amount of the
Prize Fund will be determined by calculating the
proceeds of the Competition using the following
formula ‘number of entries x entry fee (less
administration costs including processing fees)’
(c) If the number of Entries
reaches 100 % of the required entries before the
closing date then the Promoters may bring forward
the Closing Date to the date when the number of
Entries reaches 100 % of the required entries.
The Promoter shall update the website on the close
of the Competition and no further Entries will
be valid.
39 - The Winners of the Competitions
will then be determined in accordance with the
method described in clause 29 above;
40 - The Promoter will retain
administration, marketing and processing fees.
The remaining balance (following deduction of
this sum) is ‘the Prize Fund’
(a) Where condition 38(b) (ii)
applies the Prize Fund will be distributed to
the Winner.
(b) Where condition 45 applies
the Prize Fund will be returned to all Entrants
41 - All Entry Fees minus administration
and marketing and processing fees, will be maintained
in a separate bank account by the Promoter until
the Winner of a Competition have been determined;
42 - Any Winner agrees to allow
the Promoters to display his or her name and photo
on the Website in accordance with the Privacy
Policy. The name, age photo and town of residence
of the Winner will be posted on the Website for
the purposes of announcing the Winner of the Competition
within 24 hours of the Winner being determined.
43 - Any Winner agrees to media
coverage if the opportunity is available.
44 - Entrants authorise the Promoter
to enter their personal details into their database
and to use the information for marketing and in
general accordance with the provisions of the
Data Protection Act 1998 and subject to the terms
of Privacy Policy
45 - The Promoter reserve the
right to cancel any Competition at any time either
before or after tickets have been sold. If a 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)
less the percentage referred to in condition 40.
Where the Entry Fee is returned, the Promoter
shall have no further liability to the Entrant
or to any other person;
46 - The Promoter make no representation
or warranty as to the valuation of the Prizes,
its structural or cosmetic condition, its ability
to be used for the purpose expected, or its ability
to be sold. Entrants should make and rely on their
own enquiries and legal advice about the Prizes
before entering the Competition. In general terms,
It is understood and accepted that the prize may
not be owned by the promoter and the promoter
may not be held responsible in those circumstances
for any loss or damage that may occur to an entrant
or their representative from using or having the
benefit and enjoyment of the prize. Such claim,
if any, must be directed to the owner of the prize.
However more specifically :-
47 - (a) Nothing in these Rules
shall exclude or limit any person’s liability
for (i) fraud; (ii) death
or personal injury caused by its negligence (as
defined in section 1 of the Unfair Contract Terms
Act 1977); or (iii) which it
is not lawfully permitted to exclude or limit.
(b) the Promoters shall not in
any circumstances be liable for any loss of whatever
nature, including, without limitation, loss of
profits, indirect, special or consequential loss,
suffered or incurred by any Entrant, any claimant
or any other person arising from the participation
or non-participation of any person in the Competition
including the loss, for whatever reason, of the
chance to participate in the Competition. In particular,
but without prejudice to the generality of the
foregoing, the Promoters shall not be liable to
any person:
(i) for any event beyond the
Promoter’s reasonable control including,
but without limitation, any act of God, war, strike,
lockout, industrial action, fire, flood, drought,
tempest, power cut and/or failure or obstruction
of any network, broadcasting or telecommunications
service;
(ii) for the failure of, or damage
or destruction to, or any errors caused by the
computer systems or records of the Promoter or
any third party (including, without limitation,
the Website and/or the computer server), or any
part of any of the foregoing;
(iii) for delays, losses, errors
or omissions in or made by any delivery service
or by the banking system. In particular if the
bank with which the Entry fees are maintained
should fail and the money is lost (in whole or
in part) then the Competition shall close and
any funds left will be dealt with in accordance
with condition 40;
(iv) for any other action or
event which prevents or hinders the conduct of
the Competition;
(v) for the refusal to allow
any person to enter the Competition;
(vi) for any losses caused by
Entrants including misuse or unauthorised use
of passwords or mobiles, money lost by entering
the Competition and failure or malfunction of
the equipment or technology of the relevant Entrant
or his internet service provider or mobile telecommunications
network operator.
(vii) for any loss incurred as
a result of any act or omission of the Promoter
or their agents in developing, planning and administrating
the Competition transferring the Prizes or distributing
the Prize Fund to the Winner, or following the
transfer of the Prizes or distribution of the
Prize Fund.
(viii) 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.
(ix) for the Prizes being unusable
for occupation or use or unsuitable for the requirements
of the Winner at the date on which ownership is
transferred to the Winner as a result of any damage
or event
48 - The Promoter 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 him/herself as to the accuracy of any
such details and/or any content of this website.
49 - The Promoters may introduce
a counter onto the Website at any time in order
to indicate the current level of entries accepted
50 - The Promoters 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. It
is the responsibility of the Entrants to contact
the recipient of the Entry Fee if they have not
received confirmation of their entry, the Promoters
are not responsible for the transaction.
51 - These Terms and Conditions
shall not create or be construed as creating any
form of contract, joint venture or other agreement
between any Entrant and the Promoter.
52 - 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.
53 - It is the responsibility
of each Entrant to retain a copy of these Terms
and Conditions for their future reference and
as evidence that their Entry has been successfully
submitted
54 - Nothing in these Rules shall
exclude or limit any person’s liability
which it is not lawfully permitted to exclude
or limit.
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