Ticket Purchase and Home Allocation – TicketToHome.com
Effective Date: Sept, 2024
These Terms and Conditions (“Agreement”) govern the relationship between Ticket To Home Ltd Doing Business As TicketToHome.com (“Company”), individuals who purchase tickets for the Company’s home lottery (“Participants” or “Ticket Purchasers”), and the winner of the home lottery (“Winner”). By purchasing a lottery ticket, the Participant agrees to be bound by this Agreement, including all terms concerning the allocation of the prize home and all post-allocation obligations and liabilities.
1. Ticket Purchase and Eligibility
- 1.1 Eligibility: Participants must be at least 18 years old and legally capable of entering into binding agreements under applicable law. Participation is void where prohibited by law.
- 1.2 Ticket Purchase: By purchasing a lottery ticket, the Participant acknowledges and agrees that the ticket price is non-refundable and non-transferable.
- 1.3 Winner Selection: The winner will be chosen at random from eligible entries in accordance with the rules established by the Company. The Company’s decision is final and binding in all matters related to the lottery.
2. Home Allocation to Winner
- 2.1 Prize Description: The prize consists solely of a fully constructed home (“Prize Home”), as specified in the lottery announcement. The exact location, design, and specifications of the home will be disclosed prior to ticket purchase.
- 2.2 Transfer of Title: Upon selection of the Winner, the Company will transfer title to the Prize Home to the Winner in “as-is” condition. The transfer will be made free and clear of any mortgages or liens, except as noted in section 5 below.
- 2.3 Acceptance of Prize: The Winner acknowledges and agrees that the Company is not responsible for any further obligations, costs, or liabilities related to the Prize Home after transfer of ownership, including but not limited to maintenance, repairs, and improvements.
- 2.4 Prize Substitution: In the event that the Prize Home becomes unavailable or cannot be transferred for any reason, the Company reserves the right to substitute a prize of equal or greater value in its sole discretion.
3. No Ongoing Liability of Company
- 3.1 No Maintenance Obligations: The Company shall not be liable for any ongoing maintenance, repairs, renovations, or any other upkeep of the Prize Home following the transfer of ownership to the Winner. All such responsibilities shall be the sole responsibility of the Winner.
- 3.2 Utilities and Services: The Company is not responsible for setting up, maintaining, or paying for any utilities (e.g., electricity, water, gas, internet) or homeowner services (e.g., lawn care, pest control, security systems) associated with the Prize Home.
- 3.3 No Warranty or Guarantee: The Prize Home is awarded “as is,” without any warranties or guarantees, express or implied, including but not limited to the condition of the property, fitness for a particular purpose, or market value. The Winner accepts full responsibility for any defects, flaws, or issues with the home.
4. Taxes and Legal Fees
- 4.1 Winner’s Responsibility for Taxes: The Winner acknowledges and agrees that any and all taxes (including, but not limited to, federal, state, local, income, property, or gift taxes) associated with the receipt of the Prize Home are the sole responsibility of the Winner. The Company bears no responsibility for any tax liabilities or consequences resulting from the transfer of the Prize Home.
- 4.2 Tax Advice: The Company recommends that the Winner seek independent tax advice concerning any potential tax liabilities associated with accepting the Prize Home. The Company is not responsible for providing any tax or legal advice.
- 4.3 Legal Fees: The Winner is responsible for any legal fees associated with the transfer of the Prize Home, including but not limited to the cost of recording the deed, closing costs, or other title-related fees.
5. Third-Party Liens or Restrictions
- 5.1 Homeowners’ Association (HOA), Community Association and Local Ordinances: If the Prize Home is located within a homeowners’ association (HOA) or subject to local ordinances, the Winner agrees to comply with all applicable HOA rules and local laws. The Company is not responsible for informing the Winner of these rules or ensuring the Winner’s compliance.
- 5.2 Liens and Encumbrances: If, for any reason, the Prize Home is subject to any undisclosed liens, restrictions, or encumbrances at the time of transfer, the Winner agrees to hold the Company harmless from any resulting liability.
6. Dispute Resolution and Governing Law
- 6.1 Governing Law: This Agreement and any disputes arising out of or in connection with it will be governed by and construed in accordance with the laws of the state in which the Company is headquartered, without regard to conflict-of-law principles.
- 6.2 Arbitration: Any dispute, controversy, or claim arising out of or relating to this Agreement, including its breach or termination, shall be finally settled by binding arbitration administered by the Oyo State Multi-Door Courthouse in accordance with its rules. The arbitration shall take place in Ibadan, Oyo State, Nigeria and be conducted in English.
- 6.3 Limitation of Liability: To the fullest extent permitted by law, the Company’s liability to any Participant or Winner for any claim arising out of or in connection with the purchase of a lottery ticket or the transfer of the Prize Home is limited to the cost of the lottery ticket. Under no circumstances shall the Company be liable for any incidental, consequential, or punitive Damages.
7. General Provisions
- 7.1 Entire Agreement: This Agreement constitutes the entire agreement between the Company and the Participant and/or Winner concerning the subject matter herein and supersedes all prior discussions, agreements, or understandings of any kind.
- 7.2 Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- 7.3 Amendments: The Company reserves the right to modify or amend this Agreement at any time. Any amendments will be communicated to Participants and will take effect upon Publication.
By purchasing a lottery ticket or accepting the Prize Home, the Participant and Winner agree to the terms outlined in this Agreement.