A. PRIZE DRAW ADVERT

Under the ASA CAP Code, the following must be made apparent on the principal Prize Draw advert (not just buried in the T&Cs):

(a) Name & address of the Iress company promoting the Prize Draw (if this isn’t obvious by context or entry is through a dedicated website where the details can be easily found)

(b) How participate in Prize Draw, including any significant conditions / costs and any other factors likely to influence decision to enter or understanding of Prize Draw

(c) Start Date of Prize Draw

(d) Closing Date of Prize Draw

(e) Any proof of purchase requirements

(f) Nature / number of prizes

(g) Restrictions / limitations for participation i.e. geographical, age or technical restrictions (such as the need to access the internet), and any other eligibility requirements

(h) Limitations of availability of prize

For example,

“Enter our Prize Draw to be in with a chance of winning [NUMBER OF PRIZES] [PRIZE] by completing and submitting the Entry Form below.

The Prize Draw is open from [TIME] on [DATE] and the closing date for entries is [TIME] on [DATE].

The winner will be drawn on [DATE]. 

In order to validly enter the Prize Draw you must:

1. be an employee, contractor or agent of [COMPANY WITH DEFINED MEMBERSHIP]; 
2. have attended [EVENT] on [DATE]; 
3. be ordinarily resident in [LOCATION]; and
4. not be:
   1. an employee, contractor or agent of the Promoter or any of its parent or subsidiary companies;
   2. an immediate family member of an employee, contractor or agent of the Promoter or any of its parent or subsidiary companies; or
   3. a third party directly associated with administration of the Prize Draw.

The Promoter of the Prize Draw is [IRESS COMPANY AND ADDRESS]. Terms & Conditions apply and are available at [HYPERLINK]”

B PRIZE DRAW TERMS & CONDITIONS 

[DATE of T&Cs]

The Promoter

1. The Promoter is [IRESS COMPANY NAME] (Company No. [X]) of [REGISTERED ADDRESS].

Eligibility Requirements

2. The prize draw (“Prize Draw”) is open to [INDIVIDUALS / COMPANIES / OTHER] in [LOCATION] who satisfy all of the requirements laid out in this clause 2 (“Eligibility Requirements”):

a)[ELIGIBILITY REQUIREMENTS]

Prize Draw Entry

3. Subject to satisfaction of the Eligibility Requirements in clause 2 above, the Prize Draw is free to enter and no purchase is necessary. 

4. To enter the Prize Draw, [complete and submit the entry form available at [HYPERLINK] (the “Entry Form”) OR complete and send the entry form which can be found in [LOCATION] (the “Entry Form”) to [NAME & ADDRESS / EMAIL] [by FIRST OR SECOND CLASS POST] OR create an online account and submit the online entry form provided on [LOCATION] (the “Entry Form”) OR [STATE ALTERNATIVE ENTRY METHOD]] by the Closing Date.

5. There is a limit of one entry per [INDIVIDUAL / COMPANY / OTHER]. Where more than one entry is submitted per [INDIVIDUAL / COMPANY / OTHER] then only one entry will be counted as part of the Prize Draw and any additional entries will be disallowed. Entries submitted on behalf of another [INDIVIDUAL / COMPANY / OTHER] and joint submissions are not permitted and will be disallowed.

6. [Prize Draw entries cannot be returned.]

7. The Promoter reserves the right to confirm the authenticity and satisfaction of Eligibility Requirements of submitted entries, including but not limited to the right to require proof from you that you satisfy the Eligibility Requirements.

8. The Promoter reserves the right to disqualify any entries it (in its absolute discretion) deems not to satisfy the Eligibility Requirements [or if your conduct is contrary to the spirit or intention of the Prize Draw].

9. [The Promoter will not accept entries that are:

a) automatically generated by computer;

b) completed by third parties in bulk;

c) illegible, have been altered, reconstructed, forged or tampered with;

d) photocopies and not originals; or

e) incomplete.]

10. The Promoter does not take any responsibility for incomplete applications (including any caused by a technical interruption, fault or site failure). Any incomplete entries or entries that have not been submitted (i.e. by clicking the submit button on the Entry Form) will not be considered valid for entry into the Prize Draw.

11. By submitting the Entry Form you are:

a) agreeing to be bound by these terms and conditions; and

b) confirming that you satisfy the Eligibility Requirements.

Opening and Closing Dates

12. The opening date for entries is [TIME] on [DATE]. The closing date for entries is [TIME] on [DATE] (“Closing Date”). All entries received after the Closing Date will be automatically disallowed from the Prize Draw. 

Winner

13. A winner will be chosen by random draw [performed by a computer process OR supervised by an independent person] on [DATE]. The outcome of the draw will be final.

14. The winner will be notified by [METHOD] using details provided on the Entry Form before [DATE]. [In order to claim the Prize the winner must [REQUIREMENTS]. If a winner does not [REQUIREMENTS] within [TIME PERIOD] of notification of the win by the Promoter, then the Prize will be forfeited and the Promoter will be entitled to select another winner in accordance with the process described in clause 13 above].

15. [The Promoter does not accept any responsibility if you are not able to take up the Prize.]

16. The Promoter will endeavour to send the Prize to the winner by [METHOD] within [TIMESCALE] of [DRAW DATE OR REQUIREMENT from the winner]. 

17. The Promoter will not amend any contact information once the Entry Form has been submitted. 

18. The Prize may not be claimed by a third party on behalf of the winner. 

19. The decision of the Promoter regarding any aspect of the Prize Draw is final and binding and no correspondence will be entered into about it.

Prize

20. The prize is [DESCRIPTION] [and [NUMBER] are available to be won] (the “Prize”).

21. The Prize is subject to availability, non-exchangeable [and] non-transferable [and no cash alternative is offered OR The Promoter reserves the right to substitute the Prize with a cash alternative to the value of £[SUM] OR The Promoter reserves the right to substitute the Prize with a prize of equal or higher value].

22. [The Prize is supplied by [NAME AND ADDRESS]. The Promoter reserves the right to replace the Prize with an alternative prize of equal or higher value if circumstances beyond the Promoter’s control makes it necessary to do so.] 

Publicity

23. The Promoter must either publish or make available information that indicates that a valid award took place. To comply with this obligation, the Promoter will send [SPECIFY DETAILS i.e. surname, county, company name] of the winner to anyone who emails [EMAIL] within 30 days of the Closing Date.

24. The winner consents to sharing their [SPECIFY DETAILS i.e. surname, county, company name] to anyone who emails [EMAIL] within 30 days of the Closing Date. If you object to any or all of your [SPECIFY DETAILS i.e. surname, county, company name] and winning entry being published or made available, please contact the Promoter at [EMAIL]. In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority upon request.

Data Protection

25. The Promoter will only process your personal information as set out in the Promoter’s Privacy Notice available at https://www.iress.com/resources/legal/privacy-policy/. See also clauses [23] and [24] in relation to the announcement of winners.

Limitation of Liability

26. Insofar as permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the Prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.

[Ownership of Prize Draw Entries and Intellectual Property Rights

27. [All entries and accompanying material submitted to the Promoter will become the property of the Promoter upon receipt and will not be returned OR The Promoter does not claim any rights of ownership in your entry].

28. [By submitting your entry and any accompanying material, you agree to:

a) assign to the Promoter all your intellectual property rights with full title guarantee; and

b) waive all moral rights,

in and to your entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.

OR

You agree that the Promoter may, but is not required to, make your entry available on its website [WEBSITE] and any other media, whether now known or invented in the future, and in connection with any publicity of the Prize Draw. You agree to grant the Promoter a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the entry and any accompanying materials for such purposes.]

General

29. If there is any reason to believe that there has been a breach of these terms and conditions then the Promoter reserves the right to exclude you from participating in the Prize Draw.

30. The Promoter reserves the right to hold void, suspend, cancel or amend the Prize Draw where it becomes necessary to do so.

31. These terms and conditions shall be governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.