Terms and Conditions
Mamamia – Win a Holiday to New York and Shopping Spree
CONDITIONS OF ENTRY
1. Information on how to enter, mechanics of how to enter and prizes form part of these Conditions of Entry. Entry into this promotion is deemed acceptance of these Conditions of Entry by each Entrant. Entry is via Internet only.
2. Entry is open to residents of Australia aged 18 years or older (Entrants). The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion.
3. The promotion commences at 12:00am (AEDT) 3/12/2014 and
closes at 11:59pm (AEDT) 30/03/2015 [/font](Promotional Period).
4. To enter, Entrants must, during the Promotional Period, complete an entry as follows:
a. Log in to any one (1) of the Promoter’s websites, the Promoter’s mobile applications (via their compatible mobile device in the manner required) or any website in the Promoter’s partnership network including but not limited to
www.mamamia.com.au (Promotional Platform);
b. Fully and correctly complete and successfully submit the online entry form via the Promotional Platform in accordance with the instructions provided on the Promotional Platform and;
c. Provide any applicable Personal Information required by the Promotional Platform. Such information may include, but is not limited to, the Entrant’s full name, post code, age, gender, current and valid email address and contact telephone number.
5. Bonus Entries: Entrants may invite friends or relatives to enter the promotion. If any friend or relative referred by an Entrant in accordance with this Condition 5 enters the promotion, then the Entrant who referred the Entrant will automatically receive ten (10) Bonus Entries. The operation of how the entrant refers the promotion may be subject to the Spam Act 2003 (Cth) in Australia. Entrants who have already entered the promotion cannot be referred as friends or relatives by a subsequent Entrant. Each Entrant’s nominated relative or friend must also be eligible to enter the promotion. Each Entrant warrants that any and each friend or relative that they nominate is known to them personally and that they have permission to send electronic communications to such persons. Whether or not an Entrant elects to invite friends or relatives is an optional step and does not form part of their original entry into the promotion.
6. Only
one (1) entry per person is permitted. Any subsequent entry of an Entrant after the first valid entry is received from that Entrant will be deemed invalid, except for any Bonus Entries received in accordance with Condition 5.
7. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries. Entries must be received by the Promoter during the Promotional Period.
8. Any costs associated with accessing a Promotional Platform remain the responsibility of each Entrant and may vary depending on the Internet service provider used. Any contact details entered incorrectly on a Promotional Platform by an Entrant will deem an entry invalid.
9. The Entrant must be identified as having a clear relationship with the end mobile device and have the bill payer’s consent to use mobile Internet to participate in the promotion or their entry will be deemed invalid. Accessing mobile content including web-based content may incur data charges. Any external links (such as links clicked through the Apple App Store or Google Play) and Promotional Platform features that require Internet connection may also incur data charges. Entrants will need to refer to the terms of the contracts with their carrier or Internet Service Provider (as applicable) for costs, as costs vary from plan to plan. The charges for all data services will appear on each Entrant's next mobile phone bill and/or Internet bill (as applicable). All general queries relating to carrier rates or mobile or Internet bills should be directed to the Entrants' mobile phone carrier or Internet Service Provider (as applicable).
10. The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.
11
. The draw to determine the winner will take place at 11:00am (AEST) on 10/04/2015 at the Promoter’s premises. The winner will be notified in writing (email) within two (2) days of the draw, and their name and locality will be published on competitions.poweredbyrokt.com/competitions/winners by 17/04/2015 and will remain on that website for a minimum of twenty-eight (28) days. All reasonable steps to notify the winner of the results of the draw will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into.
12. The Promoter may draw five (5) additional reserve entries in the draw and record them (in order) in case an invalid entry or ineligible Entrant is drawn or the Entrant is ineligible to accept or declines to participate in the prize. Each Entrant whose entry is drawn by the Promoter must confirm their eligibility to be awarded the prize and their ability to accept and participate in the prize within seven (7) business days of being successfully notified by the Promoter that their entry has been drawn, otherwise their entry will be deemed invalid. In the event of an invalid entry or an ineligible Entrant, or if the Entrant is ineligible to accept or declines to participate in the prize, the prize will be awarded to the first reserve entry drawn. If the prize cannot be awarded to the Entrant drawn, the Promoter will continue this process until the prize is awarded. If after this process the prize has still not been awarded, or if an Entrant drawn cannot be notified, the Promoter will hold an unclaimed prize draw in accordance with Condition 18.
12. The first eligible entry randomly drawn from all entries received during the Promotional Period will win one (1) Trip to New York prize pack for the winner and up to one (1) companion to be determined by the winner and approved by the Promoter in its sole discretion valued up to $20,000.00. The prize includes:
a. Two (2) adult return economy airfares to New York from the Australian capital city airport closest to the ordinary residential address of the winner (inclusive of airfare related taxes and charges) and five (5) nights’ accommodation with a maximum value of $10,000.00; and
b. $10,000.00 spending money for the winner only.
13. The prize must be booked in full by 1/6/2015, or the prize is forfeited. Redemption of the prize is subject to availability and may be dependent on travel class availability, specific room category availability and travel ‘blackout’ periods applying (including school holidays and public holidays). All components of the prize must be taken together and when offered or are forfeited. The winner and companion/s (if any) must travel together and depart from and return to the same departure point. The winner and companion/s (if any) may not accrue frequent flyer points. No extension or variation of the travel dates nominated by the Promoter permitted. Use of the prize and any passes or vouchers issued as part of the prize may be subject to prevailing prize supplier terms and conditions of use. The prize cannot be used in conjunction with travel discounts or special offers. Travel and accommodation are to be arranged by a licensed travel agent nominated by the Promoter.
14. All additional costs not expressly stated, but which may be incurred in acceptance and use of the prize, are the responsibility of the winner and companion/s (if any). Such additional costs include, but are not limited to, meals, beverages, room service, telephone calls, laundry services, spending money, transport to and from airport departure point, other transfers, taxes including arrival and departure taxes (if applicable) but excluding airfare related taxes and charges included in the prize, insurance, travel insurance, passports and visas (if applicable). Winner may be required to present a credit card at time of accommodation check-in.
15. It is sole responsibility of the winner to ensure their entry and the entry of their travel companion (if any) into New York, USA, at their own expense, including ensuring all necessary passports, visas, travel authorisations, medical advice and recommended vaccinations and immunisations have been obtained prior to travel and, if required, on or by a date nominated by the Promoter. Failure to do so may result in the prize being forfeited. The Promoter makes no representation as to the safety of New York, USA and it is the responsibility of the winner and their companion (if any) to check the travel advice issued by the Department of Foreign Affairs and Trade at
www.smartraveller.gov.au and assess the safety of New York, USA prior to travel.
16. Taking the prize is subject to any prevailing terms and conditions of any accommodation/transport/services/transfers/travel insurance or tour providers, and in particular, health, behaviour, age and safety requirements. No compensation will be payable if the winner, or their travel companion, are unable to use any element of the prize as stated for whatever reason, including refusal of entry or departure into or out of destination or participation in certain activities for health, age, behaviour or safety reasons. Any part of a prize that is not taken for any reason is forfeited.
17. Total maximum prize pool value is up to $20,000.00. The prize is not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value. The prize value is the recommended retail price including GST (if applicable).
18. The Promoter may conduct a further draw at 11:00am (AEST) on 11/4/2015 at the Promoter’s premises Suite 402, 275 Alfred St North Sydney, NSW 2060 Australia as is necessary in order to distribute the prize if unclaimed by that date, subject to any written directions given under applicable State or Territory legislation. In the event of a winner in the unclaimed prize draw, the winner will be notified in writing within two (2) days of the draw and their name and locality will be published on
www.competitions.buybuddy.com.au/competitions/winners on 16/4/2015 and will remain on that website for a minimum of twenty-eight (28) days. All reasonable steps to notify the winner of the results of the unclaimed prize draw (if any) will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into.
19. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, eligibility to enter and claim a prize, and any information submitted by the Entrant in entering the promotion, before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or entry has not been verified or validated to the Promoter’s satisfaction then all the entries of that Entrant will be ineligible and deemed invalid.
20. It is a condition of accepting the prize that the winner and their companion (if any) may be required to sign a legal release in a form determined by the Promoter in its absolute discretion. The winner must sign any document required by the Promoter (in its absolute discretion) with respect to the assignment of any prize (if applicable).
21. A prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
22. If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or entry has not been verified or validated to the Promoter’s satisfaction then all the entries of that Entrant may be ineligible and deemed invalid.
23. The Promoter reserves the right to verify the validity of any and all entries and reserves the right to disqualify any Entrant for: (a) tampering with the entry process; (b) submitting an entry which is not in accordance with these Conditions of Entry; or (c) if the Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
24. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of a Promotional Platform or the information on a Promotional Platform, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
25. If this promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or, if necessary, to provide an alternative prize or prizes to the same value as the original prize, subject to any written directions made under applicable State or Territory legislation.
26. The Promoter and its associated agencies and companies are not responsible for any problems, delays or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a network or a mobile network or any combination thereof, or any other technical failures including any damage to Entrant's or any other person's mobile handset, computer or peripherals related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion.
27. As a condition of entering this promotion, an Entrant consents to, in the event they are the winner, the Promoter using the Entrant’s name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that, in the event they are the winner, the Entrant will participate in all reasonable promoted activities in relation to the Promotion as requested by the Promoter and its agents.
28. If the prize becomes unavailable for any reason beyond the Promoter’s reasonable control, then a comparable prize of equal value will be awarded in lieu, subject to any written directions made under applicable State or Territory legislation.
29. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter including but without limitation technical malfunctions or failures.
30. An entry and any copyright submitting in an entry irrevocably becomes, at time of entry, the property of the Promoter. The Promoter collects Personal Information about an Entrant to include the Entrant in the promotion and, where appropriate, award prizes. If the Personal Information requested is not provided, the Entrant cannot enter in the promotion and is deemed ineligible. An Entrant agrees that the Promoter may, in the event the Entrant is a winner, publish or cause to be published the name, locality and entry of that Entrant in any media as required under the relevant State or Territory lottery legislation. An Entrant can gain access to, update or correct any Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer, at
privacy@rokt.com. All Personal Information will be stored by the Promoter in accordance with the Promoter’s Privacy Policy. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be obtained by contacting the Promoter or on
www.rokt.com.
31. By participating in the promotion, an Entrant acknowledges that a further primary purpose for collection of the Entrant’s Personal Information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact the Entrant in the future with information on special offers or provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share information with its Australian related companies or promotional partners who may contact the Entrant with special offers in this way. By entering the promotion, an Entrant acknowledges and agrees that the Promoter may use the Entrant’s Personal Information in the manner set out in this condition.
32. If the Promoter collects an Entrant’s Personal Information, the Promoter will provide to the Entrant, at time of entry into the promotion, a collection statement that details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012.
33. The Promoter, its associated agencies and companies excludes all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable Consumer Guarantee under the Australian Consumer Law), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prizes; and/or (iv) acceptance and/or use of any prize. Applicable manufacturers and/or distributors should be contacted in regards to all prize warranty claims.
34. In these Conditions of Entry: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012, information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.
35. Promoter: Rokt Pty Ltd (ABN 85 139 261 822), Suite 402, 275 Alfred Street North Sydney 2060. ABN: 85 139 261 822. Telephone number: (02) 8920 1130
