Australian Competitions Club

http://digiknow.ninemsn.com.au/windows7-photofuse-competition/

Win a trip to New York or weekly prizes of cameras or laptops

Upload 'almost' perfect photo

Terms & Conditions

1. Variables

1.1 Resident of: Australia only 1.2 Minimum age: 16 1.3 Start time: 10:00 1.4 Start date: Wednesday 24 November 2010 1.5 Closing time: 23:59 1.6 Closing date: Tuesday 4 January 2011

2. Prizes

2.1 The first entry drawn in the major prize draw will win a trip for 2 to New York, USA which includes:

• Return economy airfares for two persons between the winner’s closest Australian state capital city and New York, USA

• Return airport to accommodation transfers in New York, USA

• Seven (7) nights’ accommodation in a four star hotel in New York – twin/double share – two people in one room

• Luxurious spa treatment at a top day spa valued at up to AUD$500 (winner only)

• Seven day New York Pass cards for two people. Providing free entrance to over 55 of New York’s world famous museums and monuments, including the Empire State Building and Statue of Liberty.

• Helicopter tour of New York for two people – approx flight time 15 mins. See the sights of New York from the air – there is no better way to see it! Subject to all the terms and conditions implied by the helicopter tour operator including, but not limited to, maximum weights per person and valid photo ID.

• AUD$1,000 spending money towards meals and activities while in New York (winner only)

• Any applicable taxes/surcharges/fees relating to flights are included as part of the prize.

• The total value of the major prize is $ 16,000.00

2.2 The major prize does not include: (a) Travel insurance, passports, visas, meals, taxes not included in the price of the ticket, ground transportation or any other costs of a personal nature not stated.

2.3 The first valid entry drawn in each minor prize draw will win:

• 1 x Samsung QX310 notebook RRP $1,499.00 • 1 x Samsung PL90 digital still camera RRP $179.00

2.4 The total value of the Prize Pool is $26,068.00

2.5 All prize items are valued inclusive of GST and the Promoter takes no responsibility for any variations in item values. The prize is not transferable, exchangeable or redeemable for cash. In the event that any prize item is unavailable, the Promoter reserves the right to substitute a prize item of equal or greater value. Any taxes (other than GST, if any) which may be payable as a consequence of a winner receiving the prize are the sole responsibility of the winner.

3. Who may enter The only persons who may enter and be awarded prizes are residents of the place specified in Condition 1.1, who have attained the age specified in Condition 1.2 (if an age is specified in that condition), who are not (i) employees of, or contractors to, the Promoter or any of its agencies involved with this competition, or (ii) members of the immediate family of such employees and contractors.

"Immediate family" means spouse, de facto spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the employee/contractor.

“Promoter” means ninemsn Pty Ltd ABN 33 077 753 461.

4. Entrants bound by conditions By participating, entrants agree to be bound by these conditions.

5. How to enter To enter, entrants must:

(a) Read and accept these terms and conditions; (b) Log onto www.digiknow.ninemsn.com.au, follow the prompts to the registration page, upload their photo and register their details (full name, address, daytime telephone number and email address, among other things).

6. Prize draws

6.1 The minor prize draws will take place at the dates and times outlined in the table below:

Week 1 - Wednesday 1 December 2010 at 12 noon (1 winner) Week 2 - Wednesday 8 December 2010 at 12 noon (1 winner) Week 3 - Wednesday 15 December 2010 at 12 noon (1 winner) Week 4 - Wednesday 22 December 2010 at 12 noon (1 winner) Week 5 - Wednesday 29 December 2010 at 12 noon (1 winner) Week 6 - Wednesday 5 January 2010 at 12 noon (1 winner)

6.2 The major prize draw will take place at 12 noon on Wednesday 5 January 2011.

6.3 The minor and major prize draws will be conducted at ninemsn Pty Ltd, Level 7 Australia Square, 264 George Street, Sydney NSW 2000.

6.4 Winners will be notified in writing. The names of the winners will appear on www.digiknow.ninemsn.com.au between Wednesday 5 January and Sunday 9 January 2011 and published in The Australian on Wednesday 12 January 2011.

6.5 The unclaimed prize draw will take place at 12 noon on Wednesday 6 April 2011 at ninemsn Pty Ltd, Level 7 Australia Square, 264 George Street, Sydney NSW 2000.

6.6 Unclaimed prize winner/s will be notified in writing. The names of the unclaimed prize winner/s will be published in The Australian on Wednesday 13 April 2011

6.7 The Promoter reserves the right to disqualify any entrant submitting an entry which, in the opinion of the Promoter, includes objectionable content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language.

6.8 Incomplete or indecipherable entries will be deemed invalid.

7. Special conditions of entry

7.1 All entries must be:

a. the original independent creation of the entrant; b. owned by the entrant; and a. free of any claims, including copyright or trademark claims by other parties.

7.2 Entries must not:

a. have been published previously; b. have won prizes or awards in other competitions; c. be restricted in any way; or d. infringe any third party rights.

7.3 It is a condition of the awarding of each prize that the winner must, if requested to do so by the Promoter, sign and return any Affirmation of Eligibility to Enter, Ownership of Entry, and Release and Compliance statements provided to the winner by the Promoter. The failure to return the signed statements will result in the entitlement to the prize being forfeited and the selection of another winner.

7.4 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

8. Limitations on entry

8.1 There is no limit to the number of entries per person, 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.

9. Duration This competition starts at the Sydney time and date specified in Conditions 1.3 and 1.4. Entries must be received by the Sydney time and date specified in Conditions 1.5 and 1.6.

10. Conditions of travel and prize acceptance

10.1 The winner is free to select any person above the age of 16 as their guest.

10.2 The winner is responsible for their entry, and the entry of their guest, into the USA and all countries en route. This includes but is not limited to the holding of any necessary passports and visas.

10.3 No compensation will be payable if the winner or their guests is unable to use the prize as stated for whatever reason, including denial of entry into the USA or any other country. Any part of the prize which is not taken for any reason is forfeited.

10.4 The travel suppliers, including the airline, will be chosen by the Promoter.

10.5 Travel must be completed by 1 October 2011.

10.6 If the winner is under the age of 18, they must be accompanied by a parent or legal guardian who is above the age of 18. The respective parent/guardian will be liable for their own costs for accompanying the winner if those costs are not included in the prize.

10.7 The major prize winner must book at least 60 days prior to travel and within 90 days of the major prize draw.

10.8 The Promoter accepts no responsibility for variations in the prize value. The components of the prize may alter for reasons beyond the Promoter’s control.

10.9 The components of the prize must be taken together as a single trip to be booked by the Promoter and cannot be separated into different holiday vacations.

10.10 Any part of the prize that is not taken for any reason is forfeited.

10.11 Travel and accommodation are for the winner and their guest travelling together.

10.12 The major prize is a single event holiday and cannot be separated into different holiday vacations. The prize cannot be exchanged for other travel or accommodation at other destinations.

10.13 Availability cannot be guaranteed during Christmas, major holiday and special event periods in Australia or the destination country. Other blackout periods may apply.

10.14 Travel insurance is compulsory and at the expense of the winner

10.15 The judges' decision is final and no correspondence will be entered into.

10.16 Frequent flyer points will not form part of the prize.

10.17 The prize is subject to the standard terms and conditions of the respective products and services which constitute the prize.

10.18 The winner may be required to present a credit card at the time of accommodation check-in.

10.19 Once the booking is confirmed, changes to the booking may incur a fee, including GST plus supplier charges. No changes allowed within 7 days of departure.

10.20 The winner and their guests may be required to sign a liability waiver form to receive the prize. Failure to sign the liability waiver form may result in the winner forfeiting the prize.

10.21 It is a condition of accepting the prize that the winner and their guest comply with all the conditions of use of the prize and prize supplier requirements.

11. No quality, etc, representations/exclusion of liability The Promoter:

11.1 makes no representations or warranties as to the quality/suitability/merchantability of any of the goods/services offered as prizes;

11.2 accepts no responsibility for loss or damage to prizes in transit;

11.3 accepts no responsibility for late, lost or misdirected registrations; and;

11.4 is not liable, to the extent permitted by law, for any loss suffered or sustained, to person or property and including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to the prize winner and, where applicable, to any family/persons accompanying the winner.

11.5 If the prize involves entry to an event and/or transport and accommodation, the winner and his or her guests must sign and return any liability release provided by the Promoter and/or its contractors as a condition of the prize being awarded.

11.6 If the winner or any guests are under 18 years old, the underage persons must be accompanied by a parent or guardian who signs any liability indemnity provided by the Promoter as a condition of the prize being awarded. Failure to return the signed releases and indemnities will result in the entitlement to the prize being forfeited and the selection of another winner.

11.7 Clause 10 does not affect, and is not intended to affect, any rights a consumer might have, which are not able to be excluded under applicable Australian consumer protection laws. To the fullest extent permitted by law, any liability of the Promoter or its servant or agents for breach of any such rights is limited to the payment of the cost of having the prize supplied again.

12. Winner notification and publication The winner will be notified by telephone and email, using the details provided in their entry, and the name and suburb of the winner will be published as specified in Condition 6.4.

13. Use of Headings

13.1 Headings and subheadings are inserted for convenience only and shall not be used to interpret the text of these conditions in any way adverse to an interpretation in favour of the Promoter..

14. Ownership of entries

14.1 All entries become and remain the property of the Promoter.

14.2 The Promoter reserves the right to use the content of winning and runners-up entries for the purpose of future promotions.

15. Internet

15.1 If for any reason this competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the competition.

15.2 The Promoter assumes 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.

15.3 The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this competition.

15.4 CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION, 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.

16. LIABILITY, INDEMNITY AND RELEASE

16.1 In consideration for the Promoter accepting the Entrant’s entry, the Entrant releases and forever discharges the Promoter from all claims that the Entrant may have or may have had but for this release arising from or in connection with any entrant’s participation in this promotion; the Winner’s acceptance and use of the Prize, and the Winner’s guest’s acceptance and use of the Prize.

16.2 The entrant indemnifies and holds harmless the Promoter to the extent permitted by law in respect of any claim by any person (including but not limited to other entrants in the promotion), arising as a result of or in connection with the entrant’s participation in the promotion.

16.3 In this Condition 16, “all claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising.

17. Promoter The Promoter is ninemsn Pty Ltd, ABN 33 077 753 461, Level 7 Tower Building, Australia Square, 264 George Street, Sydney NSW 2000.

18. Entire conditions These conditions constitute the entire agreement of the parties relating to the entry and the conduct of the competition.

19. Permit Numbers Authorised under: • NSW Permit No: LTPS/10/10955; • ACT Permit No: TP 10/04993.1; • VIC Permit No. 10/3998; • SA Permit No: T10/2671

anyone having problems with this? firstly I am unsure what sort of photo I am supposed to upload  and I tried to upload one but it would not do it. T & C say 'sirst valid entry drawn' is the winner. so maybe it does not matter what photo you upload

I also tried to upload a photo and it would not let me, so I could not enter  :(

Check the size of your photo...it may be too big.