Terms and Conditions

1. General

1.1 Prize Villas is a trading name of McMark Enter Prizes Ltd (12790015) a company registered in England and Wales at the address 11 Chevet Mews, Wakefield, WF2 6AG, United Kingdom and from here on in shall be referred to as “Prize Villas”, “we”, “us” or “our”.

1.2 Our websites www.prizevillas.com and www.prizevillas.co.uk operate as SaaS (Software as a Service) platforms (here on in referred to as “platform” or “platforms) designed for the hosting of and entry to Prize Competitions. All of the competitions hosted on our platforms are classified as "free draws" and have a free entry option via our postal entry route.  Free draws are free from control under the Gambling Act 2005 (the Act).

1.3 Prize Villas does not provide or have ownership rights over of any of the prizes offered on its platforms. All prizes are supplied by 3rd party individuals or businesses (from here on in referred to as “host” or “hosts”. Prize Villas acts as a commercial agent on behalf of the ticket purchaser and competition entrants (here on in referred to as “entrants” or “entrant”) and eventual competition winners (here on in referred to as “competition winners” or “competition winner”).

1.4 Any obligations or requirements expressed in these terms and conditions towards the hosts regarding the submission, publication, delivery and transfer of ownership of prizes to the competition winner are solely expressed and limited to the purpose of our contractual obligations to the entrants and competition winners as set out in term 3.2b.

2. Hosting a Competition

2.1 Hosts must provide the following details which are to be submitted via our platform;

  • Full Name

  • Company Name (Required if the host is a business)

  • Date of Birth

  • Full Address

  • Contact Telephone Number

  • Email Address

  • Competition Name/Title

  • General Competition and Prize details & Information

  • Images and/or Videos

  • Number of Tickets to be Sold (minimum 100, maximum 1,000,000)

  • Ticket Price (minimum £1.00, maximum £50.00)

  • Start and end date of competition (minimum 1 week, maximum 6 months)

  • Details of Registered Charity (must be a registered charity in England or Wales)

  • Percentage of Revenue to be Donated to Charity (minimum 1%)

  • Selecting a question or puzzle for the entrants

2.2 At our discretion, hosts may be required to submit additional information or documentation in order to verify the rights of ownership of the prize being offered and/or the legitimate right to offer and transfer the ownership rights of the prize to the competition winner. The competition will only be published once our prize verification process has been satisfied, as per our contractual obligations to the Entrants and eventual winner of the competition as set out in term 3.2b.

2.3 Upon submitting the competition for publication on our platform the host enters into a sale/purchase agreement with the entrants and eventual competition winner and are contractually obliged to deliver and transfer the ownership of the prize to the competition winner as per the following terms and conditions set out between the host and entrants/competition winner;

2.3a If the total amount of tickets available for sale for the competition have been sold by the competition end date, after the competition draw has taken place, the host is contractually obliged to deliver and transfer the ownership of the prize to the competition winner.

2.3b If the host fails to sell the total amount of tickets available for the competition by the competition end date,  after the competition draw has taken place, the host will not be contractually obliged to deliver and transfer the ownership of the prize to the competition winner. The host will have 48 hours from the time of the competition draw to decide if to still deliver the prize and transfer the ownership of the prize to the competition winner. In the case that the host decides not to deliver the prize and transfer the ownership of the prize to the competition winner, Prize Villas will pay the winner 70% of the total revenue received from the ticket sales of that competition. The competition host will receive no payment.

Example: Required amount of tickets to be sold to win a villa is 200,000 tickets @ £1.00 per ticket. The competition host only manages to sell 100,000 tickets. The host fails to provide the prize due to the the required level of ticket sales not being achieved. Prize Villas provides a cash alternative prize of a minimum of 70% of the ticket revenue.

100,000 tickets @ £1.00 = £100,000

£100,000 x 70% = £70,000 cash prize paid to the winner

2.3c All competitions and ticket sales are to be priced in GBP. If the competition host and/or prize offered reside or are located outside of the United Kingdom, the competition host must provide a minimum figure or "reserve" in the currency of the relevant country that the competition host and/or prize offered reside or are located. If the total amount of tickets available for sale for the competition have been sold by the competition end date and the minimum figure or "reserve" is not achieved (after deductions, as outlined in section 2.3e) due to currency fluctuations, the host will not be contractually obliged to deliver and transfer the ownership of the prize to the competition winner. The host will have 48 hours from the time of the competition draw to decide if to still deliver the prize and transfer the ownership of the prize to the competition winner. In the case that the host decides not to deliver the prize and transfer the ownership of the prize to the competition winner, Prize Villas will pay the winner 70% of the total revenue received from the ticket sales of that competition. The competition host will receive no payment.

2.3d All prizes offered by the host must be in good faith, unencumbered and free of any debts secured against the prize at the time of transferring the ownership of the prize to the competition winner. All of the costs relating to the transfer of the ownership of the prize must be borne by the host.

2.3e As part of our contractual obligations to the entrants and eventual competition winner,  upon successful delivery of the prize and/or transfer of ownership from the host to the competition winner, Prize Villas will pay by bank transfer (wire or BACS) or PayPal the total ticket revenue less deductions including our commission, charitable donations and associated costs.  Associated costs can include but may not be limited to the following;

  • Agents fees (freehold property prizes only)

  • Legal/Conveyancing fees (freehold property prizes only)

  • Any associated taxes or duties involved and limited to the transfer of ownership/conveyancing of the property from the host to the competition winner, excluding any personal tax liabilities borne by the host or competition winner as a result of the transfer of ownership. (freehold property prizes only)

  • Payment provider fees

  • Merchant fees

  • Bank transfer/PayPal/Payment services fees

  • Marketing fees (only payable if host is referred to or nominates to use a marketing company to promote the competition and it is agreed in writing that the marketing company is to be remunerated from the revenue generated via the ticket sales).
     

Prize Villas will not make any payments to the hosts and/or agent representing the host or legal representatives administering the transfer of ownership until we and the competition winner are satisfied that the prize has been delivered and/or if any necessary legal process required to transfer the ownership of the prize to the competition winner has been initiated.

2.3f In cases where the host offers a freehold property as a prize;
As part of our contractual obligations to the entrants and eventual competition winner, when offering a freehold property as a prize, the host must use an agent that is authorised by us to undertake the process of transferring the ownership of the freehold property from the host to the competition winner. Prize Villas will not make any payment directly to the host when the prize offered by the host is a freehold property. Payments will only be made to the designated conveyancer/solicitor or appropriate legal organisation that is responsible for administering the legal transfer of ownership of the prize from the host to the competition winner. Any payments will be subject to deductions (as stated in term 2.3e). Upon submitting a competition to our platform via the "submit competitions form" in the member's area of our platform, the host gives permission for us to pass their details to a third party agent who will then contact the host directly to arrange representation on behalf of the host. Once representation has been agreed between the agent and host, any information provided to the Prize Villas from the agent regarding the competition details and prize shall be treated in the same manner as if it were to have been provided by the host.

2.3g In cases where the host offers holiday weeks in a freehold property as a prize;
These prizes can only be offered by the host if they have legal ownership of the freehold property or are an agent authorised by the legal owner of the freehold property with permissions to offer holiday weeks for sale in the property. The available dates and duration of the holiday weeks must be clearly stipulated in the competition information/details. The host must offer a guarantee that the weeks can be exchanged for future usage/dates if the competition entrant is unable to use the prize due to government guidelines restricting travel to the locality of the property or restrictions on travel from the competition winners location.

2.3h In cases where the host offers a “package holiday” as a prize;
These prizes can only be offered by the host if they are a registered travel agent and can offer ATOL protected package holidays. The available dates and duration of the holiday must be clearly stipulated in the competition information/details.

2.3i Upon submitting a competition to our platform via the "submit competitions form" in the member's area of our platform, the host indicates their agreement with these terms and conditions and are bound by them.

3. Entering a Competition

3.1 All users and entrants must be registered on our platform prior to purchasing tickets for a competition. Entrants to competitions on our platforms are restricted to persons with a minimum legal age of 18 years old.

3.2 Paid Entries; Entrants can choose to pay by credit or debit card, crypto currency or bank transfer.

3.3 Postal Entries; Entrants can choose to enter by post. Entries can be sent on a postcard or letter. The name of the competition you would like to enter and answer to the corresponding question along with your full name, full address (P.O Boxes not allowed), date of birth and e-mail must be clearly printed on the post card and sent to the following address; McMark Enter Prizes Ltd, P.O Box 793, Wakefield, WF1 9WE. 

Postal entries are limited to one entry per name and valid email/account registered on our website, per competition. To be valid, the email address submitted in the postal entry must have been registered and verified on our website (as per the process to create an account/sign up to our website), prior to the receipt by us of the postal entry. Postal entries must be received by us at the address stated 1 day prior to the publicized end date of the competition. Prize Villas will not be held liable for any postal entries that have been lost, damaged or delivered to an incorrect address. Failure to comply with our terms regarding postal entries and/or provide the stated required information for postal entries will result in failure of entry into the competition draw.

3.4 Upon entry to a competition and submission of the correct answer to the question or puzzle chosen by the host, the entrant enters into a contractual agreement with Prize Villas that are subject to the following terms and conditions as set out between the competition entrants, eventual competition winner and Prize Villas;

3.4a Prize Villas will act as a commercial agent on behalf of the entrant and the eventual competition winner in order to negotiate and/or conclude the sale/purchase of the competition prize as set out in term 2.3. Prize Villas agrees to act solely in the interests of the entrants and competition winner and offers no representation to the competition hosts.

34.b Entrants and competition winners grant permission for Prize Villas to act as a commercial agent on their behalf. Our contractual obligations to the entrants and competition winners are as follows;

  • To conduct a suitable level of due diligence to the best of our abilities and available resources in order to ensure that the prizes on offer in our competitions are genuine and offered in the upmost good faith by the host as outlined in terms 2.3d, 2.3f, 2.3g and 2.3h.

  • To ensure that the competition host offers a prize that is to be of no financial detriment to the competition winner as outlined in term 2.3d.

  • To provide a prize guarantee that if the host fails to deliver or transfer the ownership of the prize to the competition winner, that the winner will receive 70% of the revenue generated from the ticket sales of the competition. The host will receive no payment.

  • Prize Villas will only pay and transfer the funds to the host upon satisfaction of the successful delivery and transfer of ownership of the prize from the host to the competition winner as outlined in section 2.3e of these terms and conditions.
     

4. Competition Draw/Winner Selection

4.1 In order for tickets purchased by the entrants or postal entries to be submitted to the competition draw, the entrant must have submitted the correct answer to the question or puzzle to the corresponding competition via postal entry or at the time of purchasing the tickets via our website.

4.2 Each competition on our platform contains its own unique question or puzzle.

4.3 Winners are selected via an automated and random system. All of our competition draws will use independent 3rd party organizations and software to ensure winners are selected completely at random and without influence. Details of the selected organizations and software to be used for each competition will be publicized on the website prior to the competition draw date.

4.4 The competition draw will take place within the first 48 hours of the competition's end date irrespective of the number of tickets sold.

4.5 Tickets purchased by entrants are non-refundable.

5. Communications

5.1 Immediately after the draw has taken place, the winner will be notified by e-mail. The e-mail will contain instructions of any steps needed to be taken by the competition winner in order to claim their prize. The competition winner will also receive direct contact information for our support team in order to assist the competition winner throughout the process of claiming their prize.

5.2 The results of the competition will also be communicated via a generic e-mail sent to all of the competition entrants. The competition results will also be published on our platforms. Competition entrants will be able to view any purchased tickets via the member's area of our platform.

6. Claiming Prizes and Disputes

6.1 The competition winner has 14 days from the receipt of the email communication from Prize Villas notifying the competition winner that they have won, to acknowledge the communication and begin the process of claiming their prize via the steps outlined in the email. The steps in the email are to be simple to follow and will involve clicking a button/link or responding to the email expressing their intention to accept the prize and allow Prize Villas to commence communication with the host and/or agent representing the host in order to initiate the process of the delivery and/or transfer of ownership of the prize to the competition winner.

6.2 If the competition winner does not take the steps to claim their prize and Prize Villas receives no communication form the competition winner within the 14 day period as outlined in term 6.1, Prize Villas will cancel the winning ticket, withdraw the prize from the competition winner and the original competition draw will be declared void. Prize Villas will then initiate another draw in order to select a winner of the competition. The failure of the original competition winner to claim their prize and the initiation of a new draw will be communicated by e-mail to the original competition winner, the competition hosts and/or agent representing the host and all of the competition entrants.

6.3 If at any point during the prize claiming process a dispute is raised regarding the prize or competition by any involved party (hosts and/or representing agent, entrants or competition winner) this will be immediately investigated by our disputes team and steps will be made to find a resolution acceptable to all parties involved in the dispute. If no resolution can be found that is acceptable to all the parties involved in the dispute, the dispute will be referred to an independent body, mediator or arbitrator to resolve or make a ruling over the dispute.

7. Miscellaneous

7.1 Prize Villas reserves the right to cancel any competition at any point, without reason and refund ticket sales in full to the entrants.

 

7.2 In exceptional circumstances and at the request of the competition host, Prize Villas reserves the right to extend the end date of a competition and/or increase the ticket allocation available for sale in a competition. Exceptional circumstances can include but are not limited to; natural disasters, pandemics, disruption to website/platform and/or payment services due to failure of services hosted by a 3rd party service provider. Any such changes to ticket allocations or competition end dates will be communicated with entrants via our platform, e-mail and social media.

 

7.3 Prize Villas reserves the right to re-issue tickets and associated numbers to entrants of any competition. The re-issue of any tickets and associated numbers will only take place due to double or missed allocations that have been caused by software, payment or administrative errors. Any re-issue of tickets shall be communicated with the individual entrants via e-mail. Only purchased tickets and the associated numbers assigned to, and visible in the entrants account on our website are valid for entry into the competition draw. The only acceptable proof of ownership of winning tickets and the associated numbers are the tickets assigned to the entrants account at the time of the competition draw.

7.4 Prize Villas may from time to time issue complimentary tickets to individuals or businesses as a form of compensation for any administrative errors that may occur or marketing services that may be provided during the course of any competition that is hosted on our platform. The number of complimentary tickets shall not exceed more than 0.5% of the original total of tickets allocated for sale for the relevant competition. Anyone in receipt of complimentary tickets must follow the instructions and answer the relevant question/puzzle provided at the time of allocation in order for the tickets to be successfully entered into the competition draw.

7.5 These Terms and Conditions are governed by the laws of England and Wales and will be subject to the exclusive jurisdiction of the courts of the United Kingdom. Prize Villas and the competitions hosted on our platform operate solely under the jurisdiction and laws of England and the United Kingdom. It is recommended that entrants and hosts residing outside of the United Kingdom check with the laws, regulations and tax legislation in their country of residence before hosting or entering a prize competition on our platform. Prize Villas will not be held liable for non compliance of any laws or regulations or licensing requirements outside of the U.K. 

7.6 By entering a competition hosted on our platform the entrants indicate their agreement with these terms and conditions and are bound by them.

7.7 Competition winners agree to allow Prize Villas to use any public profile information (profile images, name location and age) for the sole use of communicating the results of the competition to the competition entrants and for publication on our platforms. Further consent will be sought from the competition winner regarding any wider media/press coverage. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

7.8 Prize Villas reserves the right to make any reasonable amendments to these terms and conditions and with immediate effect upon publishing these amendments via our websites and platforms.