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Ola Prizes 2010-2011 Promotion
HOW TO ENTER
To enter and automatically receive one (1) entry into the prize draw, individuals must visit
www.olaprizes.com/au, follow the prompts to the competition entry page, complete the registration form, agreeing to receive marketing communications from Winning Surveys Pty Ltd, submit the fully completed entry form and confirm their email address, during the Promotional Period (07/09/2010 - 11.59pm AEST on 06/09/2011).
Eligible Entrants that complete the registration form will be deemed Active Subscribers. Eligible Entrants must continue to be Active Subscribers and must not Unsubscribe during the Promotion Period in order remain as an Eligible Entrant. Eligible Entrants agree to receive further marketing communications from Winning Surveys Pty Ltd upon entering. Cookies are required to login to the related User Section, if available.
TERMS AND CONDITIONS
1. Information on how to enter and the prize 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 who have an Internet connection capable of accepting cookies or other devices used by the Promoter to track entries, and who have a valid email address.
3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
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. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
5. Incomplete, automated, indecipherable or illegible registrations/entries will be deemed invalid.
6. Only one registration and entry permitted per person throughout the Promotional Period.
7. 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.
8. Promotion commences 07/09/2010 and entries close 11.59pm AEST on 06/09/2011. The draw will take place at Anisimoff Legal, Level 4, 448 St Kilda Road, Melbourne, VIC, 3004 on 15/09/2011 at 3pm AEST. Winner will be notified by email and their name published on the Ola Prizes Australia website and in The Australian on 20/09/2011.
9. The Promoter's decision is final and no correspondence will be entered into.
10. The first valid entry drawn will win one prize from their choice of one of the following options:
•$700.00 cash, paid by bank cheque or directly by EFT into the winner's nominated account; OR
•$700.00 Universal VISA Shop Till You Drop Gift Voucher; OR
Any ancillary costs associated with redeeming any of the above prizes are not included. Any unused balance of any gift voucher will not be awarded as cash. Redemption of a gift voucher is subject to any terms and conditions of the issuer, including those specified on the gift voucher. Mobile phone prize is a handset only. Winner will be responsible for making all arrangements for connection with a service provider and payment of all associated connection, access and call charges.
11. Entrants may receive email communications from Winning Surveys Pty Ltd. These messages will always appear to come from Winning Surveys Pty Ltd and are considered to include the following:
•Promotional Emails
•Emails sent for research purposes
•Emails sent as part of a survey
•Any other email based communications sent from Winning Surveys Pty Ltd.
12. Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize by the time stipulated by the Promoter, then the prize will be forfeited.
13. If a prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
14. Total prize pool value is AU$700.00.
15. The prize is not transferable or exchangeable, and can only be taken as cash if the winner selects the AU$700.00 cash prize.
16. A draw for the prize if unclaimed may take place on 20/12/2011, at the same time and place as the original draw, subject to any directions from a regulatory authority. The unclaimed prize draw winner will be notified by email and their name published on all websites involved in this promotion and in The Australian on 05/01/2012.
17. Entrants consent to the Promoter using the entrant's 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 competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
18. 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
19. Any cost associated with accessing the promotional websites is the entrant's responsibility and is dependent on the Internet service provider used.
20. 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 tax liability incurred by a winner or entrant; or (e) use of the prize.
21. As a condition of accepting the prize, the winner 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. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including, but not limited to, prize suppliers and as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period unless otherwise advised, use the information for promotional, marketing and publicity purposes including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter via the related websites. All entries become the property of the Promoter.
23. Winning Surveys Pty Ltd is not responsible for the terms and conditions of any of the affiliated websites or partner offers on our website. We make an effort to screen our offers to ensure the best possible experience for our users. However, we are not responsible for any ensuing charges or contracts incurred between a user and an offer provider. Users should carefully read the requirements, terms and conditions, privacy policy and billing information for each offer. All users complete offers through affiliates at their own risk. We are not responsible for services or products associated with our affiliate offer providers. If there is a complaint about services or products received from an affiliate, users should directly contact the offer provider in question.
24. User Section Account: Each user is personally responsible for maintaining the security of his or her account, if available. A user should not share his or her account information and is responsible for keeping his or her password confidential. Winning Surveys Pty Ltd is not liable for any losses incurred through the access of your account by a third party or the disclosure of your password or account.
25. Country Restrictions: The offers and their associated requirements on all related websites may change without notice for any participating country. Available offers may also vary from country to country, and user to user for all related websites.
26. Cancellation of Account: To deactivate your Account, please fill out the Contact Form directly or contact us at
contact_au@olaprizes.com.
27. Indemnification. You understand and agree that you are personally responsible for your behaviour on the
www.olaprizes.com/au website. You agree to indemnify, defend and hold harmless Winning Surveys Pty Ltd, its affiliates, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, indirect, incidental, consequential, and/or exemplary damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the website or the content, or any violation by you of these Terms and Conditions.
28. The Promoter is Winning Surveys Pty Ltd (ABN 20 132 219 320) of Suite 1308, 109 Pitt Street, Sydney 2000 N.S.W. Australia.
Winning Surveys Pty Ltd is not affiliated with, sponsored by or endorsed by any of the listed products or retailers. Trademarks, service marks, images, logos, (including, without limitation, the individual names of products and retailers) are the property of their respective owners.
APPLICABLE LAW
These Terms of Service which govern your use and access to this Site are governed by and to be interpreted in accordance with the laws of New South Wales, Australia and where applicable the laws of the Commonwealth of Australia. By participating in any service, you submit to the jurisdiction of New South Wales, Australia.
DISCLAIMER OF WARRANTIES
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT. OLAPRIZES.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. OLAPRIZES.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICES PROVIDED BY OLAPRIZES.COM, AND THE CONTENT.
OLAPRIZES.COM DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. OLAPRIZES.COM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED "WITH ALL FAULTS," ON AN "AS IS" AND "AS AVAILABLE" BASIS.
LIMITATION OF LIABILITY
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, OLAPRIZES.COM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE OR THE CONTENT. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL OLAPRIZES.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF OLAPRIZES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
NSW Permit No. LTPS/10/6509 ACT Permit No. TP10/3026
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THE PROMOTER IS WINNING SURVEYS PTY LTD ABN 20132219320 NSW Permit No LTPS/10/6509 ACT Permit No TP10/3026
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