Bitter setback for Oldborough Retreat competition couple

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Oct
16
2008

Bitter setback for Oldborough Retreat competition couple

Keywords: Devon Property, Win a Property, Quizzes and Questions, Gambling Commission, Television

Around one month ago, we reported that Brian and Wendy Wilshaw had impressively managed to sell out all targeted 46,000 tickets at £25 each to raise £1.15 million to give away their beautiful home in Devon, Oldborough Retreat.

We have just heard that in a surprising last-minute turn-around, the prize draw - expected to be carried today to pick a lucky winner - has been postponed until further notice.

After months of trying unsuccessfully to sell their home in the normal way, the couple had hoped that running a competition could be a great way of selling their property in a different way. Although their marketing campaign has indeed been very successful (with appearances on TV and articles in many newspapers and websites), it seems that they may not have been given the correct advice.

Although the Gambling Commission has reportedly not requested per se that the draw not take place, the couple have decided to postpone it, on the basis that should their competition be deemed an illegal lottery, the Commission has " a duty in respect of pursuing and prosecuting illegal public lotteries."

It appears that by only requiring players to answer a simple question ("What is the price of an adult full season coarse fishing licence for 2008/2009?"), that the legality of the competition may not be validated by the Gambling Commission without further evidence from Brian and Wendy Wilshaw and their lawyers. If they fail to do so, it will be considered an illegal lottery due to the insufficient levels of skill and judgement involved.

In what must be an extremely upsetting set of circumstances for the couple, the next few weeks will prove crucial for them as they attempt to convince the Gambling Commission. All players are now awaiting further news and we expect the couple to post regular blogs to update them on how things are going. One thing is for sure: it is difficult to be certain what the outcome will be, and this type of process can take time.

In the worst case scenario, we expect the couple to have to carry out a full refund to players and to have to put the house on the market once again, which could lead to unexpected costs and being exposed to worsening housing market conditions. As they indicate on their Myspace blog, this is clearly preferable to going ahead with the prize draw anyway amid this uncertainty. Should the Gambling Commission then rule that it was an illegal lottery, the couple would have to refund all players but still give away their home to the winner of the draw.

Until the couple has managed to demonstrate to the Gambling Commission that a significant majority of players did not enter as a result of the entry requirements for their competition, it seems we will have to wait to see what happens. Given this house competition was highly publicised and lasted for months, it is somewhat surprising that this issue has come up on the day of the draw itself, rather than at the beginning of the process. We will, of course, keep you posted on developments as we hear them.
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Comments & Opinions

3 comments so far, what say you? Subscribe to this comment's feed

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0
Has the draw for Oldborough been drawn
Could you please inform me of the state of play reqarding the draw for Oldborough, as I purchased a ticket via Paypal and do not know if the Gambling Commission problem has been resolved or not?
20 April 09
liz davis , 20 Apr 2009
darren
Re: Has the draw for Oldborough been drawn
Hi Liz, sorry to hear that you're still waiting.... Here's the latest update on their site:

"Latest Update

Easter Greetings!

Hi Everyone,

Just to report that there is still no reply yet from the Gambling Commission. For new readers, the last communication we received from them said:

"Unfortunately I am unable to give you any further indication on how long our process will take. I can assure you that we are giving it our fullest attention and we are fully aware of the impact this matter has upon you and those who have paid to participate in the arrangement. As I have already stated, the process involves the Director of Regulation considering a full report and he will undoubtedly wish to confer on the matters arising before he makes his final decision. As soon as this decision has been made we shall be in contact with you via your solicitor’s office."

I would like to take this opportunity to thank everyone for their Easter prayers and greetings, and to wish you all in return -a very Happy Easter."

I guess they'll post something once they have more news... Wish you luck
Darren Snowden , 21 Apr 2009
0
Lottery
Hi I cant believe the Gambling Commision are playing games with everyones minds and where is the interest going on everyones money. As a ticket holder I would like a answer please. Yours, Gary Edwards
Gary Edwards , 17 May 2009

busy