2 Homes 2 Win

Terms and Conditions

Definition of Terms:

^{1."Competition": the term used to refer to the 2homes2win crossword competition to win the properties 1ST PRIZE "46 Umdoni Road, Pennington" plus furnishings. 2ND PRIZE "48 Marlin Drive, Pennington" + R150,000.00 cash. All Entrants who have correctly answered the competition crossword and anagram will have the ticket numbers they have purchased entered into the prize draw. The Competition is operated in accordance with these terms and conditions. All entries must be in English and can only be made via the website www.2homes2win.com

2. "The Competition crossword": the term used to refer to the crossword and anagram that all Entrants need to answer correctly in order for their ticket numbers to be entered in the Prize draw.}^{3. "Entrant": the term used to refer to all people entering the competition. Entrants must be over 18, and cannot be a relative, supplier or legal entity such as a Limited Company. Entrants do not have to be resident in the U.K but the onus is on the Entrant to ensure that they are not contravening the individual laws of the country in which they are domiciled. The Promoter will not be liable in any way if an Entrant enters the Competition unlawfully. The Competition is not open to certain residents of the United States of America.
4. "Promoter": the term use to refer to Charbex Ltd the promoter of the 2homes2win Competition which includes the vendors William Barry and Lorraine Wilson and all their suppliers and representatives.
5. "The Property Prize":1st PRIZE the term used to refer to the property 46 Umdoni Road, Pennington, KwaZulu Natal South Africa 4184 plus furnishings. 2nd PRIZE the term used to refer to the property 48 Marlin Drive, Pennington, KwaZulu Natal South Africa 4184 plus R150,000.00 cash
6. "Ticket Target": 30,000 tickets. This is the number of tickets that we aim to sell. Once this number of tickets have been paid for, no further tickets will be offered, but any outstanding tickets purchased but not settled will be processed. This may cause the final sales to be slightly higher than 30,000.
7. "The Cash Prize": the term used to refer to the 70% cash prize that will be won in the event that the "Ticket Target" is not reached or in the event that the Property Prize is no longer available or no longer available in a habitable state due to unforeseen circumstances.
8. "The Prize": the term used to refer to either the Property Prize or the Cash Prize.
9. "The Winner": refers to the Entrant whose ticket is chosen at random by or in the presence of a Public Notary or Commissioner of Oaths within 14 days of the Competition Closing Date.
10."The Competition Draw": the term used to refer to the prize draw, whereby winners will be selected by random number generator in the presence of the above said official.
11. "Alternate Winner": the Entrant selected by the same process as above within 7 days of the Winner’s failure to comply with the terms of this competition.
12. "Competition Opening Date": 7th May 2009.
13. "Competition Closing Date": the date upon which the Competition closes. This will be either 30th October 2009 or when the "Ticket Target" has been reached, whichever is the sooner.

General Conditions:
1. All Entrants are deemed to have read and accepted these Terms and Conditions and agree to be legally bound by them. It is the responsibility of Entrants to keep a copy of these Terms and Conditions for their future reference.
2. The Competition is governed by English Law and the jurisdiction of the courts of England and Wales in the event of a dispute.
3. The valuation of the Property has been provided by independent estate agents at R5,500,000.00 as of December 2008
4. Monetary payments are received and paid out in Sterling except for the additional prize money referred to in prize two.

5. Tickets cost £30 including all applicable duties and are payable by online banking (BACS) or by cheque or postal order, according to the instructions given on www.2homes2win.com If payment is made by credit card an additional charge of £1.75 will be levied to cover the transaction fees to ensure that all ticket prices are equal. A reference number will be provided by 2Homes2win when you enter the competition.}^{6. Entrants must supply contact details and a valid email address when prompted to do so. This information will be used for the purposes of payment, to notify the Winner in due course and to publish their name and postal town on the website and other forms of recognised media.
7. All Entrants accept that entry into the competition does not guarantee that they will win the Prize.
8. All Entrants are deemed to understand that only the tickets of Entrants who have entered the Competition crossword correctly and correctly answered the anagram will be entered into the Competition Draw.
9. No refunds will be given except in the case of entries made after the Competition Closing Date or where payment is received after the payment deadline. In these cases, the Entrant must send a "request for refund" in writing, quoting their critical reference number that was emailed to them, together with a Stamped Addressed Envelope (SAE) with their name and address clearly marked on it. We shall send a cheque within 90 days, for a full refund minus a £4 handling charge per ticket.
10. The Competition Draw will take place as described above and our determination of the Winner is final.
11. All Entrants agree that the Consumer Protection (Distance Selling) Regulations 2000 (requiring any goods and services ordered online to be supplied within 30 days) do not apply to the Prize.

12. All tickets are allocated automatically by our system after the entrant has pressed the "Submit" button. However, tickets are not deemed to be valid until we have received payment into our bank. Tickets must be paid for within 7 days of online allocation. At the promoters sole discretion longer may be given, but under no circumstances will we validate any tickets beyond 10 days after the "Competition Closing Date".
13. Any waiving of the individual terms and or rules on the promoters part does not constitute a general right to waiver for the entrant.
14. If any clause or clauses, within this agreement, prove void at law, the rest of the agreement still stands.

The Prize:
1. The Property Prize consists of the following properties.
1st PRIZE the term used to refer to the property 46 Umdoni Road, Pennington, KwaZulu Natal South Africa 4184 plus furnishings.
2nd PRIZE the term used to refer to the property 48 Marlin Drive, Pennington, KwaZulu Natal South Africa 4184 plus R150,000 cash
2. In the event that the "Ticket Target" has not been achieved by the 30th October 2009, the Promoter can elect to provide a Cash Prize of 70% of total ticket sales (net of any duties) instead of transferring the property.
3. As the law of England currently stands, the Cash Prize is tax-free.
4. The Prize will be transferred to the winner within 90 days of the Winner confirming receipt of notification of the Prize entitlement.
5. Failure on the part of the Winner to assist in the transfer of the Prize resulting in failure to transfer the Prize within 90 days will result in entitlement to the Prize lapsing. In this instance, the Alternate Winner will be determined and notified of their entitlement to claim the Prize. If necessary, further Alternate Winners will be picked using the above stated methodology until an eligible winner can be located. See "The Alternate Winner" in the Definition of Terms.
6. Only the Winner is entitled to view the Property Prize following their acknowledgement of notification of their win.
7. The Property Prize includes payment of all legal and associated costs by the Promoter and the property will be free of all mortgages or charges at the time of being registered in the winner’s name at the Title Deeds Registration Office
8. Any applicable stamp duty will be paid by the Promoter.

The Competition:
1. To enter the competition, go to "Enter the Competition" in the navigation bar of ^{www.2homes2win.com}
^{2. Under the requirements of the Gambling Act 2005 the Prize cannot be allocated wholly by chance. All Entrants recognise that the Competition is a Prize Competition and as such all Entrants must exercise skill, judgement and knowledge to answer the Competition crossword and anagram correctly and have their ticket number(s) entered in the Competition Draw.
3. You will need to supply your details when prompted and provide a valid email address.
4. You will be able to purchase your Competition Prize ticket(s) via online banking (BACS) or by cheque or postal order, according to the instructions given on ^{www.2homes2win.com}
^{5. TICKET RECEIPTS. It is the sole responsibility of each individual Entrant to keep a copy of their Receipt.
6. The Winner will be notified by email and telephone (if this information is provided) on the day of the Draw. Their name, postal town and winning ticket number will also be published on www.2homes2win.com by 5pm on the same day.
7. The Promoter's attorney Mr. Gerrie Odendaal will have carried out all other necessary legal work on behalf of the Promoter at the Promoter's cost to ensure that all mortgages and charges have been completely discharged.
9. The Promoter will not be responsible for any delays in the transfer of The Prize caused by the Winner or the Winner’s Representatives or unforeseen legal requirements.
10. In the unfortunate and rare event that the property in question is no longer available due to fire, flood, Act of War, Act of God or other circumstance beyond the promoter's control, then the Winner will be entitled to 70% of total monies (net of any duties) generated from the entry monies. The remaining 30% will be retained by the Promoter to cover administrative, legal, marketing costs and other competition expenditure.
11. The Property Prize Winner cannot opt for a cash prize in lieu of the transfer of the property.

The Prize Draw:
1. The Draw will take place within 14 days of the Competition Closing Date.
2. The Winner will be chosen by means of the Competition Draw as described in part 10 of the "Definition of Terms" section above.
3. The Winner will be asked to provide proof of address and identity and may also be asked to prove that their entry was made with a valid account belonging to the Winner or one that was used with the permission of the account holder.
4. In the event that the Winner fails to acknowledge their win and cannot be found by the Promoter, or their Representatives or Agents via email, post or phone within 14 days of the draw, they will lose their right to claim. Should this occur, an Alternate Winner will be selected in the same manner as above within 7 days.

Competition Safeguards and Other Issues:
1. All competition money, less operating costs, is drawn down into a designated account.
2. The Promoter makes no representation or warranty about the property, its market value, structural or cosmetic condition or its saleability.
3. The Promoter is not responsible for loss suffered by any Entrant due to incomplete or illegible entries, or failed computer or postal communications. It is recommended that each entrant takes care when entering their contact details and includes a telephone number if possible.
4. The Promoter does not accept responsibility for entries that are incomplete, wrong or not received due to technical malfunctions with the Website, internet providers or any other reason. If an Entrant has not received an email receipt confirming their ticket purchase within 7 days of making their entry online, it is the Entrant's responsibility to notify the Promoter of the same by the contact means provided.
5. The Promoter will not be liable for any errors or omissions in relation to the Prize description, or the content or functioning of the Website.
6. The Promoter will endeavour to correct any errors or omissions that become apparent and for this reason reserves the right to change and alter these terms and conditions or any website content from time to time, without notice.
7. Any Entrant who is found to have engaged in any form of fraud, fraudulent misrepresentation or concealment or is found to have tampered with their receipt(s), ticket number(s) or with the website ^{www.2homes2win.com}^{will be subsequently excluded from the Draw. No refund will be due.}
8. The Promoter confirms that all information provided by the Entrants will be used only for the purposes of the Promoter such as operating the competition and determining and notifying the Winner and will not be sold or made available to third parties.
9. The Promoter reserves the right to amend these Terms and Conditions at any time and for any reason. Such changes shall be binding on Entrants and will take effect immediately on posting of the revised documentation on the Website that such changes have taken place. Each Entrant hereby agrees that he/she will be bound by such change as a condition of entering the Competition.
10. Each entrant should retain a copy of these Terms and Conditions for their future reference.}}}

Terms and Conditions