Hyperexit Prize Competition Terms and Conditions
Administration Fee: The amount the Promoter shall deduct and retain from the Entry Fees paid by the Entrants for administration and marketing costs, which shall be 16.5% of such Entry Fees.
Closing Date: The date a Competition concludes, unless extended by the Promoter, as posted on the Website.
Competition: The prize competition operated by the Promoter to which these Terms and Conditions apply and as further described in clause 2.2.
Entry: the registration of an Entrant to participate in the Competition.
Entrant: Any natural person (not including a limited company, partnership or limited liability partnership) who enters the Competition through the Website.
Entry Fees: The amounts paid by the Entrants to participate in the Competition.
Opening Date: The date a Competition commences as posted on the Website.
Prize Value: Property purchase price indicated on the Website plus stamp duty, upgrade and developments costs, maintenance fees, service fees and solicitors’ fees (inclusive of the winner’s solicitors’ fees up to a maximum of £1000 + VAT)
Promoter: Hyperexit, 3rd Floor, 86-90 Paul Street, London, United Kingdom, EC2A 4NE. The email address of the Promoter is: info @ hyperexit.co.uk.
Property: The property available from time to time on the Website to awarded as the Prize.
Questions: The Questions which the Entrants must answer correctly (in substantial accordance with the answer held by the Promoters) to obtain an opportunity to win the Prize.
Winner: The Entrant chosen at random on or after the Closing Date who will receive the Prize in accordance with these Terms and Conditions.
2. The Competition
2.1 The title of the Competition is Hyperexit.
2.2 The Competition is operated by the Promoter. The Promoter may assign its right to operate the Competition as provided in clause 14.6.
2.3 The purpose of the Competition is to win the Prize through the exercise of skill or knowledge.
2.4 The Competition is a skill-based competition whereby upon entering the Competition and paying the entry fee as set out in clause 3.2, Entrants will be asked a series of skill based Questions in a limited time. The Questions will be chosen randomly from our questions database. Entrants successful in answering all the Questions correctly will be entered into a draw to determine who wins the Prize.
2.5 Entrants may enter the Competition an unlimited number of times prior to the Competition Closing Date. Entrants may purchase multiple Entries for a single set of randomly generated Questions at one time or enter the Competition multiple times on different occasions prior to the Competition Closing Date, on each occasion facing a separate set of randomly generated Questions.
3. How to enter
3.1 Entrants may enter the competition at our Website, upon completing the required information and submitting all contact details requested by the Promoter and making payment with a form of payment accepted by the Promoter.
3.2 There is a charge of £2.00 for each time an Entrant enters the Competition, or such other amount set out on the Website. Payment may be made by credit card, debit card or third party payment system to be made following the instructions of the Competition Website. An Entrant will be asked to provide their contact details (including postal and e-mail addresses and a telephone number) and card payment details. Once the Entry is submitted, the Entrant’s card payment will be electronically approved.
3.3 Entrants will be requested to click on the “Place Order” button on the “Checkout” page of the website to confirm their entry and payment.
3.4 When the Closing Date is reached, the Competition will close; however the Promoter reserves the right to extend the Closing Date by up to 6 months at their discretion.
3.5 By entering a competition via the Website, Entrants are deemed to have read and accepted these Terms and Conditions and agrees to be bound by them.
3.6 Entrants acknowledge and consent that their contact details may be used by Promoter for the following purposes:
3.7 All entrants are solely and completely responsible for providing the Promoters with accurate and current contact details.
3.8 The Promoters 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. Promoter’s determination of the validity or an entry or correctness of an Answer is final and binding and Promoter will not consider any correspondence or communications from an Entrant relating thereto.
3.9 The Promoter will not accept:
3.9.1 responsibility for any Entries that are lost, damaged or delayed in electronic transit, regardless of cause, including, for example as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or 3.9.2 proof of transmission as proof of receipt of entry to the completion.
3.10 For help with entries, please email the consumer helpline at support @ hyperexit.co.uk.
3.11 An Entry shall be declared void (without any refund being given) if the Entrant engages in: 3.11.1 any form of fraud (actual or apparent);3.11.2 fraudulent misrepresentation;3.11.3 fraudulent concealment;3.11.4 hacking or interference with the proper functioning of the website; or3.11.5 amending, or unauthorised use of, any of the code that constitutes the Website.
4.1 The Competition is open for entry to all UK residents 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 conductor administration of the Competition in any way, shape or form.
4.2 Entries made by the Entrants to the Competition will only be valid if made via the Website.
4.3 The Promoter will not award prizes to any person entering the Competition who is not resident in the UK and assumes to no liability therefor. The Promoter specifically disclaims any liability arising out of any Entrant entering or participating in the Competition in jurisdictions outside the UK where it is restricted or prohibited.
4.4 In entering the Competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. The Promoter may require proof that you are eligible to enter the Competition.
4.5 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.
4.6 By entering into the Competition, all Entrants acknowledge that their payment of £2.00 (GBP) per entry is made in an effort to answer the Questions correctly and win the Prize draw. Entrants understand and acknowledge that entering the Competition does not guarantee in any way that they will win the Prize.
4.7 The Promoter will not accept Entries that are:
(a) automatically generated by computer;(b) completely by third parties or in bulk; or(c) incomplete.
4.8 Entries on behalf of another person will not be accepted.
4.9 By entering the Competition, Entrants warrant that all information submitted is accurate, true, current and complete. The Promoter reserves 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.
4.10 Refunds will not be given for incomplete entries.
5. The Prize
5.1 The Prize for each Competition will be the amount of cash required to purchase a Property at a selling price agreed by the Promoter with the owner of a Property on the market for sale, as displayed and described on the Website, along with estimated stamp duty, upgrade and development costs, maintenance fees, service fees and solicitors’ fees (inclusive of the winner’s solicitors’ fees up to a maximum of £1000 + VAT).
5.2 The Promoter, at its sole discretion may substitute a cash prize only if: (a) for any reason the Property is no longer available ; (b) or the owner of the Property no longer wishes to sell or (c) in the sole discretion of Promoter, the Promoter wishes to award cash in lieu of the Property as the Prize. The amount of such cash prize shall be only for the then current cash raised by the Competition less the Administration Fee retained by the Promoter.
5.3 The Promoter does not in any way guarantee the value of the Prize and is not responsible for and makes no representation or warranty in respect of the market value or resale value of the Property.
5.4 The Promoter will carry out preliminary searches and review title documents on all Properties offered as Prizes, up to the amount set out in clause 5.1 and provide these to the Winner. The Promoter shall provide the funds for the purchase of the Property raised from the Competition up to the amount of the listed purchase price to the seller of the Property along with the other amounts set out in clause 5.1 on behalf of the Winner. Other than as stated above, the Winner shall be solely responsible for conducting its own searches and due diligence on the property and Promoter shall have no responsibility or liability for the condition of the Property. The Winner shall not be entitled to claim the cash equivalent upon being unsatisfied with the searches and due diligence of the Property. The Winner will be required to sign a transfer deed to transfer the Property into the Winner’s name within 28 days of award of the Prize. Should the Winner decline to proceed with the Property conveyancing or not sign the transfer deed with 28 days of the award of the Prize, the Winner will be deemed to have forfeited the Prize and the Promoter may elect to run another Prize draw with the remaining contestants.
5.5 Other than the amounts set out in clause 5.1, all fees and responsibilities for the Property conveyancing, solicitor fees, stamp duty and other costs shall be the sole responsibility of the Winner.
5.6 The funding for the Prize will be derived from the Entry Fees received less the Administration Fee. Amounts received for each competition may be displayed daily on the Website. Should the funds received from Entrants less the Administration Fee not equal or exceed the Prize Value at the end of the Competition term, the Prize will be substituted with the amount of Entry Fees actually received, less the Administration Fee to be retained by the Promoter. Should the amount of the Entry Fees exceed the Prize Value, the Promoter will retain the Entry Fees exceeding the Prize Value.
5.7 Each Competition will be operated for the term set out on the Website. The Promoter reserves the right to extend the competition. Draws for the Prize from those successful in answering all questions correctly will take place within 21 days of the closing of the Competition period.
5.8 Any tax liabilities arising from the award of the Prize or cash equivalent or any other costs incurred by you in relation to participating in the competition or the award of any prize shall be the sole responsibility of the competition winner.
5.9 Prizes are subject to availability. The Promoter reserves the right to substitute the Property originally displayed with another Property of equal or greater value in the same locality or cash equivalent if circumstances beyond the Promoter’s control makes it necessary to do so.
5.10 The Prize or the Prize Value are not negotiable.
6. No refundsAll 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 or where the Promoter cancels the Competition.
7. Prize draw
7.1 The winner of the Prize will be the Entrant whose details are first randomly drawn before an audience of invited guests, members of the Press and in the presence of a Solicitor.
7.2 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.
7.3 The Winner will be required to forward a copy of their passport or driving licence to the Promoter 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(s) agrees to allow the Promoter to display his or her name, age and town of residence on the Website. The name, age 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.
9. Entrant Data
The Promoter reserves the right to cancel the Competition at any time either before or after any Entries have been sold. If the Competition is cancelled, the Promoter 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 an Entrant). Where the Entry Fee is returned, the Promoter shall have no further liability to the Entrant or to any other person.
11. No warranties
The Promoter makes no representation or warranty as to the Prize Value or 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.
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. 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.
13.1 All Entries will become the property of the Promoter on receipt and will not be returned.
13.2 The Promoter reserves the right to amend these terms and conditions at any time upon notice to Entrants. Should Entrants not agree with the amendments to the terms and conditions for that Competition, Entrants shall have a right to request a refund of Entry Fees paid for that Competition, but the same shall be the sole remedy against the Promoter.
13.3 The Entrants and the Promoters recognise that the Competition, its administration and all associated activities are governed by the laws of England and Wales and the Promoter and Entrants recognise that the Courts of England shall have exclusive jurisdiction in the event of any dispute arising out of the Competition or its administration.
13.4 These Competition 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.
13.5 Each entrant should retain a copy of these Terms and Conditions for their future reference.
13.6 The Promoter has the right to assign its duties to operate the Competition to another party, but shall provide notice of such assignment to Entrants and disclose on its Website any such change prior to or at the time such change is made.
13.7 Each Entrant agrees that 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.