Competitions Terms and Conditions
Terms and Conditions - Pacific Magazines Nexus Win Christmas Cash Promotion
General1. Information on how to enter and prizes form part of the Terms and Conditions. Entry into this competition deems acceptance of these Terms and Conditions. To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.
Who can enter2. Subject to clause 3, entry is open to all residents of Australia except employees and immediate families of the Promoter, associated companies and agencies and participating outlets. Immediate family means any of the following: spouse, ex-spouse, defacto 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. The Promoter is Pacific Magazines Pty Ltd, 8 Central Ave, Eveleigh NSW 2015 (ABN 16 097 410 896).
3. All entrants under the age of 18 must obtain the prior permission of their legal parent or guardian over the age of 18 and the bill payer to enter. The parent or guardian of the entrant must read and consent to all Terms and Conditions. The parent or guardian may be called to verify consent and may be required to sign a release at the discretion of the Promoter. The release may require the winner's parent or guardian to accept responsibility for the acts and forbearances of the winner. The release will include the full name, address and telephone number of the winner's legal guardian. Failure to provide such proof, particulars or releases will immediately invalidate the winner's entitlement to the prize, subject to State and Territory legislation.
How to enter4. Entrants may enter the competition by purchasing an eligible Pacific Magazines title (Famous, New Idea, That's Life!, or Who magazines) from a participating newsagent during the open and close dates of the competition ('Eligible Purchase') and submitting their entry via one of the following entry mechanics:
Online: Entrants must visit
http://www.nexusprogram.com.au and find the 'Win Christmas Cash Promotion' link. They must then complete the online entry form and enter the barcode number from the magazine that they purchased.
SMS: Entrants must send an SMS message, containing their full name, address and the barcode number from the magazine that they purchased to 19702200. m.Net Group. SMS cost $0.55 including GST. Helpdesk 1300 851 419 (m.Net Group).
5. Entrants must retain the barcode from the magazine that they purchased as proof of the Eligible Purchase. Entrants who refund or return the purchase used to meet this requirement, will not be entitled to any prize and if they are awarded a prize, must return it to the Promoter.
6. Entries must include all requested contact details to be eligible to win. Entrants may only enter in their own name. Inaudible, incomprehensible, illegible, and incomplete entries will be deemed invalid. All entries become the property of the Promoter and cannot be returned.
Number of Entries permitted7. One entry per Eligible Purchase is permitted. All entrants must retain their original barcodes to validate proof of purchase during the Promotional Period. Such evidence must, on request by the Promoter, be provided to the reasonable satisfaction of the Promoter, which demonstrates that the winner is an eligible entrant and has complied with these Terms and Conditions. Any entrant found to be sharing any receipt or other proof to demonstrate Proof of Purchase with any other entrant, whether or not related in any way, will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize back to the Promoter. In the event that a winner cannot provide receipts, documents or tags to validate proof of purchase the Promoter will replace the winner with another drawn entrant. If the Promoter is unable to replace a winner, who cannot provide receipts, documents or tags to validate proof of purchase, the Promoter will conduct a further draw immediately. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
Open, Close, Draw and Publish dates8. The competition commences 11/11/11 at 00:01 (AEDT) and closes 14/12/11 at 23:59 (AEDT). The winners will be first valid entries computerised randomly drawn at the premises of m.Net Group Ltd Level 1, 16 Anster Street, Adelaide SA 5000 16/12/11 at 11:00 (AEDT). The Promoter will ensure that all entries have an equal chance of winning a prize.
9. The winners will be notified by mail within two days of each draw and names of winners will be published in That's Life! Magazine on sale 11/01/12.
10. Prizes will be sent within 28 days.
11. The Promoter may conduct such further draws on 26/03/12 at the same time and place as the original draw in order to distribute any prizes unclaimed by this date, subject to State and Territory legislation. Winners of any further draws will be notified by mail and their names will be published in The Australian newspaper on 06/04/11.
Prize on offer12. Total prize value is up to $4,000.00 (including GST), as at 12/09/11. Four (4) prize winners will each receive a cheque, to the value of $1,000, made payable to each winner.
13. For any cash prizes your name on your entry must be that of an eligible bank account to which a cheque can be cashed. All prize values are in Australian dollars. The Promoter makes all reasonable efforts to send cheques in the names as specified in the original entry. Winning entries with only a family name or reference to a family as the entrant cannot be cashed by banks. If the winner of any prize is under 18 years, the prize may be awarded to the winner's nominated parent or guardian on behalf of the winner, at the discretion of the Promoter.
Further Terms and Conditions14. The Promoter (subject to state gaming agency approval) reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
15. The Promoter and their associated agencies and companies is not liable or responsible for any problems or technical malfunction of any telephone network or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems of the phone or of any phone network, or any misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur during the draw; whilst undertaking any travel won on or connected with their entry into the draw; in the participation in any prize; as a consequence of late, lost or misdirected mail, email SMS or phone call; due to the broadcast of any program relating to the competition or the publication of any material, including any statements made by any compere, staff member, journalist, other entrants or any other person; any injury or damage to entrant's or any other person's computer software or phone; or any combination thereof, related to or resulting from participation or sending or receiving of any communication or of any materials in this competition.
16. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet Service Provider used.
17. The Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process. In particular, SMS entries via the internet, computer generation or 'scripting' are invalid and will not be accepted. Website entries using 'scripting' for multiple entries will not be accepted. The cost of sending an SMS message is the entrant's responsibility and will not exceed 55 cents including GST. Entrants must use their own mobile phone for SMS entries. Some service providers and call plans may not provide access to Premium SMS. Entrants must ensure that all care is taken when sending messages to enter this SMS promotion. It is the entrant's responsibility to SMS the correct number. The Promoter will not be liable for costs incurred, responses received or any other consequences of user error. Any SMS entries submitted after the promotion period has closed will not be included in the promotion and will be charged 55 cents (including GST). Entries submitted by SMS will be deemed to be received at the time of receipt by the Promoter and not the time that they were sent by the entrant.
18. Any entrant found to be using any form of software or third party application to enter multiple times (including scripting software) will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
19. Any entrant found to have used a third party (including online competition entry site) to enter on their behalf will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
20. Any entrant found to be entering incorrect contact details, including incorrect email contact details, will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
21. 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. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier's requirements.Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
22. The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential prize delivery. The Promoter makes all reasonable efforts to deliver prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to the prize winner.
23. The Promoter reserves the right to request winners to sign a winner's deed of release or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize. Proof of identification, residency, age 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.
24. The Promoter reserves the right to redraw in the event of an entrant, claiming to be a winner, being unable to satisfy these Terms and Conditions.
25. The Promoter's decision in relation to any aspect of the competition is final and binding on each person who enters. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries. Prizes are subject to availability, not transferable or exchangeable and, with the exception of cash prizes, cannot be taken as cash. Prizes will be sent to the winner's nominated address as stated in their original entry. The Promoter and their associated agencies, and companies associated with this promotion will take no responsibility for prizes damaged or lost in transit.
Copyright, Statutory guarantees, Waiver and liability26. All entries and any copyright subsisting in the entries become and remain the property of the Promoter who may publish or cause to be published any of the entries received. Pacific Magazines Pty Ltd and its related entities collects entrants' personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners) and, if you consent, for the purpose of Pacific Magazines and/ or its third party business partners and related bodies corporate sending you marketing offers and promotional messages, including via email and SMS, regarding products and services available from Pacific and/ or those third parties (as applicable). We may disclose personal information to essential service providers who provide services in connection with our products and services. You may request access to your personal information by writing to The Privacy Officer, Legal Compliance Department, Pacific Magazines Pty Ltd, 8 Central Ave, Eveleigh NSW 2015.
27. In participating in the prizes, the winners agree to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. The winners (and their companions) agree to granting the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide, including online social networking sites, and the winners (and their companions) will not be entitled to any fee for such use.
28. Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.
29. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), 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.
30. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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:
(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 Terms and Conditions;
(e) any tax liability incurred by a winner or Entrant; or
(f) use of a prize.
Authorised under31. NSW Permit No. LTPM/11/00791, ACT Permit No. TP 11/03811.
