NINE NETWORK AUSTRALIA
NINE NETWORK – THE VOW COMPETITION (“THE COMPETITION”)
CONDITIONS OF ENTRY (“THE RULES”)
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 all residents of Australia. Employees of the Promoter, 5th Finger Pty Ltd and their immediate families, and all companies and agencies associated with this promotion are ineligible to enter. Entrants under the age of 18 years old, must have prior parental or legal guardian consent before entering the competition.
3. The promotion commences on Sunday 29 January 2012 at 00:01 AEDST and concludes on Saturday 11 February 2012 at 23:59 AEDST. The draw will take place at 5th Finger Pty Ltd, Australia Square, Level 7, 264 George Street, Sydney, NSW 2000 on Monday, 13 February 2012 at 10:00 AEDST. The winner will be notified by telephone and in writing and the winner’s name will be published in the public notices section of The Australian on Thursday, 16 February 2012.
4. There are two ways of entering the promotion:
190: Call 1902 555 150 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
SMS: SMS their full name and address to 199 55 150 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 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 winner of the promotion will be determined by the first (1) valid entry randomly drawn by the Promoter.
The first (1) valid entry drawn by the Promoter will be deemed the Major Prize winner and will receive the Major Prize valued at up to $10,150 (depending on point of departure). This prize consists of the following:
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Two (2) Return economy flights from the winner’s nearest capital city to Bora Bora valued at up to $5800.00 (depending on point of departure)
Return airport/hotel transfers in Bora Bora only valued at up to $300
Four (4) nights hotel accommodation in a standard twin share room for two (2) people in a minimum of four (4) star hotel valued at up to $2000
Bora Bora sunset photo tour for two (2) people valued at up to $600. Includes Boat tour of Lagoon, Photographer, and Photo’s on disc, Champagne and coconuts for 1.5 hour tour.
Luxury Spa session for two (2) valued at up to $800 – This component of the prize will be pre-booked by the prize supplier at the time of booking confirmation.
Dinner at Lagoon Restaurant for two (2) valued at up to $350 (awarded in the form of a money that will be transferred into the winner’s nominated bank account at the time of winner notification)
Standard Travel insurance valued at $300
Total prize valued at up to $10,150.00 (depending on point of departure)
9. Prize must be taken to in full and as a package by 13 February 2013. Prize is subject to availability at the time of booking and blackout periods may apply. Prize cannot be taken of school holidays or public holidays.
10. The Promoter is neither responsible nor liable for any loss or damage suffered in the event that any components of the prize including tours are postponed, cancelled, rescheduled or relocated for any reason whatsoever.
11. 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, 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.
12. Unless expressly stated in these terms and conditions all other expenses (including travel to and from the departure point) become the responsibility of the winner.
13. A valid passport is required for all international journeys. It the responsibility of the winner and their travel companions to ensure they have all required travel documentation (including but not limited to passports & visas) as required for travel to the destination point. All costs associated with obtaining this travel documentation is the responsibility of the winner.
14. The two (2) flights must be utilized at the same time, for the same travel dates, to the same destination.
15. 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.
16. If the winner is under the age of 18 years, the winner must be accompanied by their parent or legal guardian when redeeming the prize.
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17.
18. Transport to and from Departure point including but not limited to additional Domestic airfares if required, 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.
19. It is a condition of accepting the prize that the winner may be requested to present their credit card upon arrival at any hotel to cover all incidentals they may incur including their stay at that hotel.
20. Prize must be taken as offered. The prize, or any unused portion of the prize, is not exchangeable or cannot be redeemed as cash. The prize cannot be used in conjunction with any other special offer. The prize is valued in Australian dollars. The Promoter accepts no responsibility for any variation in the prize value. Prize winner is advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize. 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 prize at a venue is subject to the standard rules and regulations of that venue/s.
21. Prize is subject to the standard terms and conditions of individual prize and service providers.
22. In the event that for any reason whatsoever the Winner does not take the prize at the time stipulated by the Promoter, then the prize will be forfeited by the Winner and cash will not be awarded in lieu of the prize.
23. In the event that a prize, or part of a 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. 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.
25. 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.
26. Prize winner will be notified within 2 days of the end of the prize draw by telephone, and will also be notified in writing.
27. 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.
28. 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
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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.
29. The Promoter reserves the right to verify, at any time during or after the closing of the promotion, the validity of all entries (including but not limited to an entrants name, medical condition if relevant to their entry, age, etc) and to disqualify any entrant who is (without limitation) deemed to have an invalid entry, who tampers with the entry process, including techniques designed to avoid payment of call costs and has in any way hindered the fair and proper administration of this promotion (not including instances where each individual entry is deemed to be a legitimate entry for the purposes of this promotion). SMS entries via the internet are not valid and will not be accepted. 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. In the event the Promoter deems an entry to be invalid and could in some way be connected to other entries by the same entrant (or is unidentifiable as to whether that particular entry is in fact a valid entry, the Promoter reserves the right (with reference to all relevant state and territory regulations) to request to see proof of validity of all of that entrants entries and then, if unsatisfied with the validity of all of those entries either deem some or all of that entrants entries invalid. Determination of this will be made by the Promoter in its complete discretion (with reference to relevant state and territory regulations).
30. As this is and event based promotion, the Promoter may conduct such further draws at the same time and place as the original draw as are necessary at 10:00 AEST on Monday, 21 May 2012 order to distribute any prize that remain unclaimed by that date, subject however to all reference to any relevant state and territory regulations. In the event of a winner in the unclaimed prize draw, the winner will be notified in writing and their name will be published in The Australian on Thursday 24 May 2012.
31. 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.
32. 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.
33. Entries will not be returned to any entrant. As a condition of entering into this promotion, each entrant agrees to assign all of their rights, title and interest in and to their entry to the Promoter. Each entrant warrants to the Promoter that (a) each photograph/ clip/ material / entry submitted is an original artistic work of the entrant which does not infringe the rights of any third party, (b) if entering a clip/ photograph/ entry which includes an individual who is not the entrant, the entrant has obtained permission from the individuals appearing in the clip (including if the individual is a child – the child’s parent or legal guardian. The entrant agrees to indemnify the Promoter against all claims and costs by third parties arising from a breach of the warranty set out in this condition. The promoter is entitled to amend, edit, select, crop, retouch, add to or delete from any part of the submitted entry and to use any of the entries submitted for any purposes at its discretion, including for any future promotion, marketing and publicity purposes.
34. 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
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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.
35. 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.
36. 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.
37. Authorised under permit number: NSW: LTPS/12/00247, VIC: 12/91, SA: T12/84, ACT: TP12/00145
