Thanks culturebird. Here are the T&Cs.
http://channelnine.ninemsn.com.au/img/comps/tc/TODAY_MrPopper'sPenguinsCompetition.pdfNINE NETWORK AUSTRALIA
TODAY – MR POPPER’S PENGUINS COMPETITION
CONDITIONS OF ENTRY
1. Information on how to enter and prizes form part of these Conditions of Entry. Entries not completed in accordance with the Conditions of Entry or received after close of entry will not be considered. Incomplete or inaudible entries will be disregarded. The judge’s decision in relation to any aspect of the promotion is final and binding on every person who enters. No correspondence will be entered into.
2. The promotion is open to people who are residents of Australia, except for employees of the Promoter, 5th Finger Pty Ltd and their immediate families, and all companies and agencies associated with this promotion. Entrants under the age of 18 years must have prior parental consent to enter.
3. The promotion commences on Monday, 27 June 2011 at 05:30 AEST and concludes on Friday 1 July 2011 at 16:00 AEST (“Promotional Period”). The draw will take place at 5th Finger Pty Ltd, Level 7, 264 George St, Sydney NSW 2000 on Friday 1 July 2011 at 16:30 AEST. The winners will be notified within two days of the draw by phone and in writing using the contact details provided in their entry and their names will be published in The Australian newspaper on Thursday 7 July 2011.
4. There are two ways of entering the promotion. Entrants must first watch the “Today Show” on Monday, 27 June 2011, and must then, during the Promotional Period, undertake either of the following options:
a) Call 1902 555 800 and register their full name, address and a daytime phone number. Maximum cost of 190 call is 55c. Calls from payphones and mobile phones may attract a higher rate. 190 service provider is 5th Finger Pty Limited.
OR
b) SMS their full name and address to 199 55 800 Premium SMS cost is 55c. Entrants must have premium service access. SMS winners will be contacted by SMS and/or phone and the Promoter will record their address details so that the prize may be awarded. SMS entries via the Internet are ineligible. Entries are deemed to be received at the time of receipt into the promotion database and NOT at the time of transmission by the entrant. SMS service provider is 5th Finger Pty Limited. Helpline: 1300 464 866
5. 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.
6. Multiple entries are permitted, subject to the following: (a) only one (1) entry permitted per SMS message or 190 call; and (b) each entry must be submitted separately and in accordance with the entry requirements.
7. The Promoter accepts no responsibility for late, lost, misdirected, incomplete or inaudible entries.
8. The winners of the promotion will be determined by the first three (3) valid entries randomly drawn by the Promoter.
9.
The first three (3) valid entries drawn by the Promoter will each win:
Four (4) Return Economy Airfares from the winners nearest capital city to the Gold Coast – Valued at up to $3,366.04 (depending on point of departure) including airline and airport taxes.
Return Airport Transfers to the Hotel in the Gold Coast. Valued at up to $260.00
Four (4) Night’s Accommodation (family room – 2 interconnecting rooms) at SeaWorld resort incl. daily buffet breakfast Valued at up to $3,312.00
Four (4) x VIP Pass– valid from July 1, 2011 through to June 30, 2012 Valued at up to $476
$1,000 AUD Spending Money – awarded in the form of a cheque made in favour of the winner.10. Each prize is valued at up to $8,414.04 including GST. The Total prize pool for the entire Promotional Period is valued up to $25,242.12.
11. Prize must be redeemed in full by 30 June 2012. Prize is subject to availability and blackout periods may apply.
12. If the winner is under the age of 18 years, the prize will be awarded to the winner’s parent or legal guardian on behalf of the winner. It is the responsibility of the winner’s parent/legal guardian to prove their parental status/ legal guardianship at the time of winner notification. In the event that for any reason whatsoever a person/s mistakenly represents themselves to be a winners parent and/or legal guardian, then that person will be liable for all costs associated with relocating and/or re-awarding the prize (including but not limited to and administrative fees incurred by the Promoter). Where relevant., the Promoter is only responsible for ensuring that the prize is awarded to a person who is either a parent or legal guardian of the winner. The Promoter is not responsible for determining any other delivery details or taking direction that relates to any ongoing family law negotiations and/or determinations. These are the responsibility of the winner and their respective parent/s and/or legal guardian/s.
13. Redemption of prizes is subject to the standard terms and conditions of individual prize and service providers. Prizes do not include any ancillary costs associated with redeeming the prize.
14. The winner (and their companions) are responsible for all other expenses including spending money, meals (unless specified), drinks, transfers (unless specified), laundry charges, activities (unless specified), incidentals, energy surcharges, gratuities, services charges, and all other ancillary costs.
15. It is a condition of accepting the prize that the winner may be requested to present their credit card or a cash deposit upon arrival at any accommodation to cover all incidentals they may incur during their stay.
16. Four (4) flights must be utilized at the same time, for the same travel dates, to the same destination.
17. Transport to and from departure point including but not limited to additional domestic airfares if required, transfers to and from any theme parks listed on the VIP Passes, any additional meals, any extra sightseeing or activities, any additional accommodation, personal spending money, and all other ancillary costs, as well as obtaining any of these, are the responsibility of the winner and their travel companions. Prize also excludes medical expenses, items of a personal nature, beverages, optional tours not outlined, laundry, telephone calls, additional nights, room upgrades or other ancillary costs associated with redeeming the prize other than those specified. These costs and expenses are the responsibility of the winner. Any extension to the duration of the prize is at the winner’s sole expense and subject to availability at the time of booking. For the removal of doubt, taxes for domestic travel are included in the prize winning domestic airfares provided by the Promoter.
18. Prize must be taken as offered. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be redeemed as cash. The prize cannot be used in conjunction with any other special offer. The prize is valued in Australian dollars. In the event that a portion of the prize is awarded to
the winner in the form of a voucher / ticket / pass/ letter, redemption of that portion of the prize will be subject to the terms and conditions stipulated on the voucher / ticket / pass/ letter. The Promoter will not be liable for any voucher / ticket / pass/ letter that has been lost, stolen, forged, damaged or tampered with in any way. Redemption of the prize subject to the standard terms and conditions and guidelines of the accommodation venue and the activity service provider. Failure to follow the standard rules and guidelines presented will result in the winner forfeiting their right to participate in the said activity.
19. All elements of the prize are subject to availability with no cash alternative and the prize package is non-transferable and non-refundable. Winner(s) cannot change, vary, substitute or extend any element of the prize (in whole or in part).
20. If winner is unable to fulfil prize during time period, winner forfeits the prize package with no compensation or further liability of the promoter. Cash will not be awarded in lieu of the prize.
21. As a condition of accepting the prize, the winner (and their companions) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
22. By entering the promotion via SMS an entrant consents to the Promoter using the their personal details for the purposes of sending one (1) mobile terminated (MT) reply message which includes a confirmation of your entry in the promotion AND details of a special offer made by one of our partners.
23. In the event that the prize, or part of the prize, is unavailable, the Promoter reserves the right to substitute the prize or part of the prize in its discretion with an alternative prize or part of the prize to the same and equal recommended retail value and/or specification subject to any written directions from the various Lottery Departments.
24. It is a condition of accepting a prize that the winner agrees to be interviewed, photographed and filmed at any time during the acceptance of the prize by the Promoter or their agents for a story or feature on this promotion to be developed and featured on the Nine Network (or any other form of media it deems suitable) without further remuneration or reference to the participant. Details may feature on Nine Network on a date to be determined by the Promoters. The inclusion of any such feature (including but not limited to creative control of the feature) will remain with the Promoter at all times.
25. Participants must ensure that all care is taken when dialling or sending messages to the promotional number. It is the complete responsibility of the participant to ensure that they dial or SMS the correct number, in the event that an error occurs the Promoter accepts no responsibility for either, costs incurred, responses received or all other consequences. This is the responsibility of the participant.
26. The Promoter accepts no responsibility for any SMS messages not received by the Promoter or delays in the delivery of the SMS message due to technical disruptions or for any other reason. An entry will only be counted as being received when it has been received by the Promoter’s software system, not when it was sent from the handset.
27. The Promoter reserves the right to verify, at any time, the validity of all entries and to disqualify any entrant who tampers with the entry process, including techniques designed to avoid payment of call costs. The use of any automated entry software or any other mechanical or electronic means that permits the participant to automatically enter repeatedly are not valid and will not be accepted.
28. The Promoter may conduct such further draws at the same time and place as the original draw as are necessary at 10:00 AEDST on Monday, 3 October 2011 order to distribute any prize that remain unclaimed by that date, subject however to any relevant State and Territory regulations. In the event of
a winner in the unclaimed prize draw, their name will be published in The Australian on Thursday 6 October 2011 and notified in writing within two days of the draw.
29. In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including but not limited to natural disaster)the Promoter reserves the right to subject to reference to all relevant state and territory rules and regulations, to cancel, terminate, modify or suspend the promotion.
30. 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.
31. If for any reason this competition is not capable of running as planned (including but not limited to) technical failures, unauthorised intervention, fraud or any other causes beyond the control of the Promoter which corrupts 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, subject to any written directions given by the various Lottery Departments, to cancel, terminate, modify or suspend the competition.
32. All entries become the property of the Promoter. The collection, use and disclosure of personal information in connection with this promotion are governed by the Promoter’s Privacy Notice available from Channel 9 and these Conditions of Entry. The Promoter may use information it collects in relation to you to provide you with information regarding further offers, promotions or goods and services provided by the Promoter and/or the Promoter’s partners and sponsors. The Promoter may also disclose information about you to its service providers to enable the Promoter to provide you with services. Your personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation. You consent to the Promoter’s use and disclosure of information about you as contemplated by this condition. To remove your information from the Promoter’s records, please send an email to
competitions@nine.com.au with your name, mobile phone number and your request to cancel the service. If you wish to update or modify your details, please email
competitions@nine.com.au with your name, mobile phone number and your request to update or modify your details.
33. Nothing in these Conditions of Entry 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 (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes 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.
34. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes 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, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’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; (d) any variation in prize value to that stated in these conditions of entry; (e) any tax liability incurred by a winner or entrant; (f) participation in the promotion and/or (g) redemption of the prize.
Copyright Nine Network Australia
Unauthorised publishing, editing or reproduction is a breach of copyright and subject to legal action.
35. The Promoter is Nine Network Australia Pty Limited, ABN 88 008 685 407 of 24 Artarmon Rd, Willoughby, NSW 2068. You can contact the Promoter in relation to the promotion by mail to this address or by telephone to (02) 9906 9999.
36. Authorised under permit numbers: NSW LTPS/11/04724 ACT TP11/02100.1 VIC 11/1099 SA T11/1065
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