Australian Competitions Club

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http://ten.com.au/media/Brut_Code_Sports_Tonight_Terms_and_Conditions_2010.pdf


T E R M S & C O N D I T I O N S O F E N T R Y
BRUT CODE – SPORTS TONIGHT PROMOTION

1. Information on how to enter forms part of the terms of entry. Entry into the
competition is deemed acceptance of these terms and conditions.
2. Entry is open to all residents of Australia who are 18 years of age or over. However,
employees and their immediate families of Network TEN, Beinteractive Pty Ltd,
Pharmacare Laboratories Pty Ltd, and their associated agencies and companies are
not eligible to enter.
3. The competition commences on Sunday, 29 August 2010 at 00:01 (AEST) and
concludes on Saturday, 2 October 2010 at 23:59 (AEST).
4. The competition will be advertised during Sports Tonight on Network TEN and One
HD and online at www.ten.com.au.
5. Participants are required to purchase a BRUT product. Every product purchased will
entitle the participant to one entry into the promotion. Participants may enter as many
times as they like but only one entry per purchase is permitted.
6. Entrants must retain a copy of their original purchase receipt(s) for all entries as proof
of purchase. Purchases must be made during the promotional period and the date of
purchase should be prior to the participant’s entry registration. The Promoter reserves
the right to request a proof of purchase for each entry made to verify all entries before
awarding the prize. A valid receipt should identify the retailer and include the retailer’s
ABN. Failure to provide proof of all purchases, in the absolute discretion of the
Promoter, will result in the invalidation of all of an entrant’s entries and forfeiture of
any right to a prize and a re-draw will occur at the discretion of the Promoter or any
chosen date.
7. To enter, participants must send a text/SMS message to 1997 5555. Entries to the
SMS number must include the entrant’s full name, address and the last 6 digits of the
product barcode of their purchased BRUT product. SMS entrants will receive a reply
message.
8. The SMS entry mechanic is only open to consumers with a SMS compatible mobile
phone connected to a service provider which permits text messaging to the
promotional SMS number. It is recommended that entrants check with their individual
service provider in this regard.
9. Incomprehensible and incomplete entries will be deemed invalid.
10. The Promoter reserves the right to request winners to provide proof of identity, proof
of residency at the nominated prize delivery address and/or proof of entry validity
(including phone bill or store receipt for purchase requirement) in order to claim a
prize. Proof of identification, residency and entry considered suitable for verification is
at the discretion of the Promoter. In the event that a winner cannot provide suitable
proof, the winner will forfeit the prize in whole and no substitute will be offered.
11. The Promoter reserves the right to verify the validity of entries and to disqualify any
entry which, in the opinion of Promoter, includes objectionable content, profanity,
potentially insulting, inflammatory or defamatory statements, disqualify any entrant
who tampers with the entry process, who submits an entry that is not in accordance
with these Terms & Conditions of Entry or who has, in the opinion of Promoter,
engaged in conduct in entering the Promotion which is fraudulent, misleading,
deceptive or generally damaging to the goodwill or reputation of the Promotion and/or
Promoter. This includes, but not limited, to entrants and households using multiple
email addresses, postal addresses, PO Box addresses or SIM cards to register single
or multiple purchases. The Promoter reserves the right to disqualify a winner if
Promoter becomes aware that the winner and/or the winner’s entry is of a type
described in this clause.
12. Entries must be received by 23:59 (AEST) on Saturday, 2 October 2010. The time of
entry will in each case be the time the SMS message is received by the Beinteractive
database. The Promoter accepts no responsibility for any late, lost or misdirected
entries including SMS messages not received by the Promoter or delays in the
delivery of the SMS message due to technical disruptions, network congestion or for
any other reason. SMS entries via the internet or computer generation and not
attributable to a valid mobile phone account is invalid and will not be accepted.
13. Maximum entry cost is $0.55 (including GST).

14. One winner will receive a trip for 2 to the ESPN Winter X Games in Aspen Colorado.
The prize will include:
• 2 x Return economy airfares from the nearest capital city flying into Aspen,
Colorado
• Return airport transfers from Aspen Airport to the accommodation
• 5 nights accommodation in a twin share room at a 4 star resort in Aspen,
Colorado
• 2 x 4 Day Adult Peak Ticket to the 2011 Winter X Games
• Personal Travel Insurance
15. Total prize value is up to = $11,882 (including GST)

16. Prizes cannot be transferred, exchanged or redeemed for cash.
17. The major prize package is subject to the Sportsnet Terms and Conditions which can
be viewed at www.sportsnetholidays.com. Packages are also subject to the Terms &
Conditions of all Sportsnet Holidays third party suppliers.
18. Travel insurance is included in the prize and is based on adults up to 59 years of age.
Should winners be 60 years and above, it is the responsibility of the winner and their
travelling companion to ensure that they have travel insurance which adequately
covers their travel. Pre-existing medical conditions are not covered and may be at an
additional cost at the discretion of the insurer.
19. The winner and their companion are responsible for all other expenses including
spending money, meals (unless specified), drinks, transfers (unless specified),
laundry charges, activities (unless specified), incidentals, taxes (including departure
taxes), energy surcharges, gratuities, services charges, passports, visas, travel
insurance and all other ancillary costs. Travel insurance is highly recommended to
protect against the additional costs incurred in the event of unforeseen
circumstances.
20. The winner and travelling companions must travel at the same time, must depart from
the same capital city and are responsible for transport from their residence to their
nearest capital city for flight departure (Sydney, Melbourne, Brisbane, Adelaide or
Perth). If the winner is from the Northern Territory or Tasmania they must make their
own way to the nearest capital city listed above.
21. Government taxes are an additional cost to the winners and their travelling
companions and are required prior to ticketing.
22. The prize must be taken to coincide with the ESPN Winter X Games to be held in
Aspen, Colorado in either January or February 2011 and is subject to hotel and flight
availability. The prize cannot be changed once the booking has been made.
23. Air tickets are available on the regular scheduled services of each airline and are
subject to seasonal embargos. Flight itinerary may have to be adjusted depending on
the airlines departure city and their current flight schedule. Frequent Flyer points are
not available from any airline.
24. A credit card imprint or cash deposit may be required from the winner at check-in to
the hotel, for all incidental charges. Once accommodation vouchers are issued they
are non-changeable.
25. It is the traveller’s personal responsibility to ensure that they have valid
documentation, including but not limited to a valid passport with at least 6 months
validity and 2 blank pages and visas, which meet the requirements of immigration and
other government authorities at every destination. Any fines, penalties, payments or
expenditures incurred as a result of such documents not meeting the requirements of
those authorities will be the sole responsibility of the traveller/s.
26. Network TEN, Beinteractive, Pharmacare Laboratories Pty Ltd make no
representation as to the safety, conditions or other issues that may exist at any
destination. International travel advice can be obtained from various sources,
including government, local consular offices and the web site of the Australian
Department of Foreign Affairs and Trade.
27. If the prize is unavailable, for whatever reason, the Promoter reserves the right to
substitute the prize for a prize of equal or greater value, subject to State Regulation.
28. The promoter reserves the right to refuse to allow a winner to take part in any or all
aspects of the prize, if the promoter determines, in their absolute discretion, that a
winner is not in the mental or physical condition necessary to be able to safely
participate in the prize. It is a condition of accepting the prize that the winner may be
required to sign a legal release in a form determined by the promoter in its absolute
discretion.
29. Once prizes have left the Promoter’s premises, the Promoter takes no responsibility
for prizes damaged, delayed or lost in transit.
30. By accepting the prize, the winner agrees to participate in and co-operate as required
with all reasonable media editorial requests relating to the prize, including but not
limited to, being interviewed and photographed, filmed and/or chaperoned throughout
the duration of the prize.
31. In consideration for the Promoter awarding the prize to the winner, the winner hereby
permits the winner’s image and/or voice, as recorded, photographed or filmed during
the winner’s participation in the prize to appear in connection with Network TEN or
the advertising or marketing thereof, in any media whatsoever throughout the world
and the winner will not be entitled to any fee for such use.
32. In the event that for any reason whatsoever a winner does not take an element of the
prize at the time stipulated by the Promoter then that element of the prize will be
forfeited by the winner and cash will not be awarded in lieu of that element of the
prize.
33. Prize values are based upon the recommended retail prices at the time of printing
(inclusive of GST). The promoter accepts no responsibility for change in prize value
between now and the ultimate prize redemption date.
34. Independent financial advice should be sought as tax implications may arise as a
result of accepting the prize.
35. Each valid entrant who has entered the competition over the duration of the
promotional period will be entered into the draw. One valid entrant will be drawn at
random to become the winner. The draw will take place at Beinteractive, Level 9, 155
George Street, Sydney NSW 2000, on Tuesday, 5 October 2010 at 10:00 (AEDT).
36. The winner will be notified by phone within 2 days of the draw. The winner will also be
notified of their prize in writing. The winner of prizes valued over $250 will be
published in the Public Notices section of The Australian newspaper on Monday, 11
October 2010.
37. Prizes will be awarded to person named in the entry. However, in a dispute, will be
awarded to the account holder of the entry mechanism used to submit their entry (i.e.
mobile phone account holder).
38. Should an entrant’s contact details change during the promotional period, it is the
entrant's responsibility to notify the Promoter. A request to access or modify any
information provided in an entry should be directed to Promoter.
39. The winner will have until 17:00 on Monday, 11 October 2010 to claim the prize. If the
prize remains unclaimed then subject to any direction given under relevant State
legislation, an unclaimed prize draw will take place at Beinteractive, Level 9, 155
George Street, Sydney NSW 2000 on Tuesday, 12 October 2010 at 10:00 (AEDT).
The winner will be notified by phone within 2 days of the draw. The winner will also be
notified in writing and the winner of prizes valued over $250 will have their details
published in the Public Notices section of The Australian on Monday, 18 October
2010.
40. The promoter’s decision is final and the promoter will not enter into correspondence
regarding the Competition result.
41. It is a condition of accepting the prize that the winner must comply with all the
conditions of use of the prize and the prize supplier’s requirements.
42. It is a condition of accepting the prize that the winner may be required to sign a legal
release in a form determined by the promoter in its absolute discretion.
43. In the case of the intervention of any outside act, agent or event which prevents or
significantly hinders the Promoter’s ability to proceed with the competition on the
dates and in the manner described in these terms and conditions, including but not
limited to vandalism, power failures, tempests, natural disasters, acts of God, civil
unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel
the competition and recommence it from the start on the same conditions, subject to
any directions given under State Regulation.
44. The Promoter shall not be liable for any loss or damage whatsoever which is suffered
(including but not limited to indirect or consequential loss) or for any personal injury
suffered or sustained in connection with any prize/s except for any liability which
cannot be excluded by law. The Promoter is not responsible for any incorrect or
inaccurate information, either caused by the phone user or for any of the equipment
or programming associated with or utilised in this competition, or for any technical
error, or any combination thereof that may occur in the course of the administration of
this competition including any omission, interruption, deletion, defect, delay in
operation or transmission, communications line or telephone, mobile or satellite
network failure, theft or destruction or unauthorised access to or alteration of entries.
45. The Promoter reserves the right in its sole discretion to disqualify any individual who
the Promoter has reason to believe has breached any of these conditions, or
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.
46. Network TEN, Beinteractive and their associated agencies and companies assume
no responsibility for any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction or
unauthorised access to, or alteration of entries, and reserves the right to take any
action that may be available.
47. If for any reason this competition is not capable of running as planned, including due
to infection by computer virus, bugs, tampering, unauthorised intervention, fraud,
technical failures or any causes beyond the control of the Promoter, which corrupt or
affect the administration, security, fairness or integrity or proper conduct of this
promotion, the Promoter reserves the right in its sole discretion to disqualify any
individual who tampers with the entry process, take any action that may be available,
and to cancel, terminate, modify or suspend the competition, subject to any direction
given under State Regulation.
48. All entries become the property of the Promoter. The Promoter collects personal
information about you to enable you to participate in this promotion but no further use
of this information will be made without prior consent.
49. All entries become the property of The Promoter. All opt-in entries will be entered into
a database and The Promoter may use the entrant’s names, addresses and
telephone numbers for future promotional, marketing and publicity purposes in any
media worldwide without notice and without any fee being paid unless otherwise
advised by the entrant. By opting-in, entrants confirm that they allow their details to
be used for this purpose. If entrants no longer consent to their details being used for
future marketing purposes, the entrant should contact The Promoter on their details
set out below. Any request to update, modify or delete the entrant’s details should be
directed to The Promoter.
50. Beinteractive, on behalf of Network TEN, is collecting the entrant's personal
information for the purpose of conducting and promoting this competition (including
but not limited to determining and notifying winner). The entrant's personal
information may be disclosed to Beinteractive for this purpose. If you are not willing
for this to occur you cannot participate in the Promotion.
51. Entrants’ personal information may be disclosed to State and Territory lottery
departments and winners’ names published as required under the relevant lottery
legislation. A request to access, update or correct any information should be directed
to the Promoter.
52. The Promoter is Network TEN Pty Ltd, 1 Saunders Street, Pyrmont NSW 2009 ABN:
91 052 515 250
53. The benefiting party is: Pharmacare Laboratories Pty Ltd, 18 Jubilee Avenue,
Warriewood NSW 2102 ABN: 99 003 468 219.
Authorised under NSW permit no: LTPS/10/07539, VIC permit no: 10/2823, ACT
permit no: TP 10/03488, SA permit no: T10/1900.