http://au.tv.yahoo.com/sunrise/nescafe/TERMS AND CONDITIONS:1. Information on how to enter and the prizes form part of these Terms and Conditions.
Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years or over.
3. Employees and their immediate families of Seven Network (Operations) Limited, Yahoo!7
Pty Ltd and their associated agencies and companies are not eligible to enter.
4. Promotion commences at 6:00am AEST on 16/11/2015 and closes at 9:00am AEST on
27/11//2015 (“Promotional Period”).
5. To be eligible to enter, individuals must take a creative and original photograph that captures
them enjoying their morning cuppa (“Photograph”).
6. To enter, individuals must visit
http://www.yahoo7.com.au/nescafe (“Website”) during the
promotional period, follow the prompts to the promotion entry page, input the requested
details (including their full name, telephone number and a valid email address), upload their
Photograph, and then submit the fully completed entry form. Each entrant warrants to the
Promoter that each Photograph and any other content submitted in their entry is an original
creative work of the entrant that does not infringe the rights of any third party. All content
must comply with and is subject to the provisions contained in clause 20. Entries that contain
prohibited or inappropriate content, or are otherwise in breach of these Terms and
Conditions will not be eligible to win.
7. Upon completion of the above steps, subject to verification by the Promoter, individuals will
then have their Photograph uploaded onto the Website for public viewing. All Photographs
will be reviewed by the Promoter for compliance with these Conditions of Entry. Photographs
that contain prohibited or inappropriate content, or are otherwise in breach of these
Conditions of Entry, as determined by the Promoter, will at the discretion of the Promoter be
removed from the Website. In addition, any entrant that submits such content will not be
eligible to win.
8. Incomplete or indecipherable entries will be deemed invalid.
9. Multiple entries permitted, subject to the following: (a) each entry must be substantially
unique; and (b) each entry must be submitted separately and in accordance with entry
requirements.
10. The Promoter reserves the right, at any time, to verify the validity of entries and entrants
(including an entrant’s identity, age and place of residence) and reserves the right, in its sole
discretion, to disqualify any individual who the Promoter has reason to believe has breached
any of these Terms and Conditions, tampered with the entry process or engaged in any
unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of
the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure
Classified - Restricted 2
by the Promoter to enforce any of its rights at any stage does not constitute a waiver of
those rights. The Promoter's legal rights to recover damages or other compensation from
such an offender are reserved.
11. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole
discretion, to determine the identity of the entrant.
12. There will be two (2) judging periods conducted for this promotion (each a “Judging
Period”). Entries into each Judging Period will open at 6:00am and close at 8:59am on the
dates outlined in the table below. All times indicated are in AEST. This is a game of skill and
chance plays no part in determining the winners. The entries received in each Judging
Period will be individually judged against all other entries received in that Judging Period,
based on the originality and creative merit of the Photograph submitted, as well as the ability
of the Photograph to capture the promotional theme. The judges may select additional
reserve entries in each Judging Period which they determine to be the next best, and record
them in order of merit, in case an invalid entry or ineligible entrant is selected as a winner.
The winner of each Judging Period will be announced on the Sunrise program on Channel 7
on the dates outlined in the table below.
Judging Period Entries Open Entries Close Announcement
Judging Period 1 16/11/2015 20/11/2015 23/11/2015
Judging Period 2 23/11/2015 27/11/2015 30/11/2015
13. All winners will be notified by telephone.
14. The Promoter’s decision is final and no correspondence will be entered into.
15. The best valid entry in each Judging Period, as determined by the judges, will each win
$5,000, awarded in the form of a cheque made payable in the winner’s name.
16. If for any reason a winner does not take a prize by the time stipulated by the Promoter, then
the prize will be forfeited.
17. Total prize pool value is $10,000.
18. The prizes are not transferable or exchangeable.
19. Entrants agree that they are fully responsible for any materials they submit via the promotion
including but not limited to comments, Photographs and captions (“Content”). The Promoter
shall not be liable in any way for such Content to the full extent permitted by law. The
Promoter may remove or decline to publish any Content without notice for any reason
whatsoever. Entrants warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may
deem in breach of any intellectual property, privacy, publicity or other rights, defamatory,
obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing,
threatening, objectionable with respect to race, religion, origin or gender, not suitable for
children aged under 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that
appears in their Content;
(d) the Content is the original artistic work of the entrant that does not infringe the rights of
any third party;
Classified - Restricted 3
(e) they consent to any use of the Content which may otherwise infringe the Content
creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that
they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation,
those governing copyright, content, defamation, privacy, publicity and the access or use
of others' computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any
breach of the above terms.
20. As a condition of entering this promotion, each entrant licenses and grants the Promoter and
Sponsor, their affiliates and sub-licensees a non-exclusive, royalty-free, perpetual,
worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish
and display their entry for any purpose, including but not limited to the purposes of uploading
and publicly displaying the entries, promoting this promotion, and/or any future promotional,
marketing or publicity purposes, in any media, without compensation, restriction on use,
attribution or liability.
21. Entrants consent to the Promoter and Sponsor using their name, likeness, image and/or
voice in the event they are a winner (including photograph, film and/or recording of the
same) in any media for an unlimited period without remuneration for the purpose of
promoting this promotion (including any outcome), and promoting any products
manufactured, distributed and/or supplied by the Promoter.
22. If this promotion is interfered with in any way or is not capable of being conducted as
reasonably anticipated due to any reason beyond the reasonable control of the Promoter,
including but not limited to technical difficulties, unauthorised intervention or fraud, the
Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to
disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as
appropriate.
23. Any cost associated with accessing the Website is the entrant’s responsibility and is
dependent on the Internet service provider used.
24. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit,
exclude or modify the statutory consumer guarantees as provided under the Competition
and Consumer Act, as well as any other implied warranties under the ASIC Act
or similar consumer protection laws in the State and Territories of Australia (“NonExcludable
Guarantees”). Except for any liability that cannot by law be excluded, including
the Non-Excludable Guarantees, the Promoter and Sponsor (including their respective
officers, employees and agents) exclude all liability (including negligence), for any personal
injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special
or consequential, arising in any way out of the promotion.
25. Except for any liability that cannot by law be excluded, including the Non-Excludable
Guarantees, the Promoter and Sponsor (including their respective officers, employees and
agents) are not responsible for and exclude all liability (including negligence), for any
personal injury; or any loss or damage (including loss of opportunity); whether direct,
indirect, special or consequential, arising in any way out of: (a) any technical difficulties or
equipment malfunction (whether or not under the Promoter’s or Sponsor’s control); (b) any
theft, unauthorised access or third party interference; (c) any entry or prize claim that is late,
lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due
to any reason beyond the reasonable control of the Promoter or Sponsor; (d) any tax liability
incurred by a winner or entrant; or (e) taking/use of a prize.
Classified - Restricted 4
26. By entering this promotion, entrants agree to the Promoter collecting, using and disclosing
their personal information for the purpose of conducting and promoting this promotion, in
accordance with Yahoo!7’s Privacy Policy which is available at
https://info.yahoo.com/privacy/au/yahoo/ which entrants acknowledge they have read and
agree to. This privacy policy contains important information regarding how the Promoter
handles entrants personal information, including how entrants can access and/or correct
their personal information, or make a complaint about the handing of their personal
information. Additionally, by ticking the relevant opt-in box/es, (a) entrants agree to the
Promoter and its trusted partners using their personal information to help the Promoter
communicate with them about offers from the Promoter and its marketing partners (which
offers entrants may opt-out of receiving), and they agree to the Promoter disclosing their
information to such partners in connection with such purposes and/or (b) entrants agree to
the Promoter sharing their personal information with the Sponsor and they acknowledge that
the Sponsor will be solely responsible for its use of such information. Unless otherwise
indicated by the Promoter, the Promoter may disclose entrants’ personal information to
entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy),
and cannot guarantee that any overseas recipient will not breach the Australian Privacy
Principles. By entering the promotion entrants consent to the overseas transfer on these
terms as permitted by the Australian Privacy Principles and agree that the Promoter is not
liable in this regard.
27. Seven Network Limited (ABN 65 052 845 262) and its related entities (“Seven”), is collecting
the entrant's personal information for the purpose of conducting and promoting this
competition (including but not limited to determining and notifying winners). The entrant’s
personal information may be disclosed to Twentieth Century Fox Film Distributors for this
purpose. The entrant may request access to his or her personal information by writing to
Privacy Officer, c/- Legal Department, Seven Network Limited, PO Box 777, Pyrmont, NSW, 2009.
Australian Competitions Club
