About the competition:
Hey kids, are you in Year 5 or 6?
Write an awesome story about school and you could win a $250 book pack! Plus get your story published in a kids magazine!
You could write a story about:
Teachers
School friends
Excursions
Homework
Getting in trouble
Recess or lunchtime
Sports Day
Swimming Carnival
All of the above
Make sure your story:
Is no more than 500 words
Uses words and ideas that make the writing interesting
Is all your own work
is original and has not been previously published
How To Enter:
Download and fill in the entry form below
Make sure your entry form is signed by a parent or guardian
Read the terms and conditions
Send your signed entry form and story to :
Attention Sarana Behan
Random House Australia
Level 3, 100 Pacific Hwy
North Sydney 2060
Alternatively send your signed and scanned entry form and story to
sbehan@randomhouse.com.au All entries must be received by 5pm on Monday 30 July.
http://www.randomhouse.com.au/competitions/entryform.aspx?id=437JAMES PATTERSON’S RANDOM SHORTS WRITING COMPETITION
ABBREVIATED CONDITIONS OF ENTRY
Starts 1/5/12 & ends 30/7/12 (AEST). Open to Aust residents aged 10-12 (incl) who are & remain grade 5 or 6 students enrolled at Aust primary school. Parent/legal guardian consent required.
To enter:
(i) visit
www.randomhouse.com.au/middleschool; (ii) download, print & complete online entry form & ensure parent/legal guardian completes online release form/s in manner required;
(iii) submit completed entry & release forms & 1 short story about experiences at school in manner & format required via EITHER mail in a stamped envelope to ‘Attention Sarana Behan, Random House Australia, 100 Pacific Hwy, North Sydney NSW 2060’ OR email to sbehan@randomhouse.com.au; &
(iv) have entry accepted as a valid entry by Promoter.
Entries must be original & unpublished (whether or not for profit). 1 entry per person. Schools nominated on entries will be automatically eligible to win a prize, unless an authorised representative of school notifies Promoter in writing that school does not wish to participate. Entries judged by 7/8/12. Winners notified by 9/8/12. Chance plays no part in determining winners. Prize for 1 boy winner & 1 girl winner: 1x pack of children’s books (valued up to $250ea) + opportunity to have entry published in edition of Mania Magazine (for boy winner) or Girl Power Magazine (for girl winner). Prize for schools of winners: 1x pack of children’s books (valued up to $250ea). Books & magazine editions selected by Promoter in its sole discretion. Total max prize pool value up to $1,000. By entering & opting-in, entrants agree that Promoter may collect their personal info to enable it to provide them with marketing materials by mail, tel & electronic msgs & may share info with its Aust related companies & promotional partners who may also contact entrants in this way. Promoter: Random House Australia Pty Limited (ABN 28 004 815 703) of Lvl 3, 100 Pacific Hwy, North Sydney NSW 2060. Full Terms: see above website
JAMES PATTERSON’S RANDOM SHORTS WRITING COMPETITION
CONDITIONS OF ENTRY
1. Information on how to enter, mechanics of Entry and prizes form part of these Conditions of
Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry. Entry is via
Internet only.
2. The promotion starts at 12:01am (AEST) on 1/5/2012 and ends at 11:59pm (AEST) on 30/7/2012
(Promotional Period).
3. Entry is only open to residents of Australia aged between 10 and 12 years (inclusive) who are
grade 5 or 6 students enrolled at an Australian primary school (School) and who remain enrolled
in this capacity at the School for the duration of the Promotional Period (Entrants). The directors,
management and employees (and their immediate families) of the Promoter, its related entities,
printers, suppliers, providers and agencies whom are directly associated with the conduct of this
promotion are ineligible to enter the promotion. Schools nominated by an Entrant in their Entry
will be automatically eligible to win a prize, unless an authorised representative of the School
notifies the Promoter in writing that the School does not wish to participate in this promotion.
4. Each Entrant must obtain the consent of their parent or legal guardian (Legal Guardian) to enter
the promotion and provide personal information about themselves. Each Legal Guardian must
agree to a legal release or releases in a form determined by the Promoter in its absolute
discretion confirming the Legal Guardian accepts these Conditions of Entry and that the Entrant’s
Entry is their own work. All Entries of Entrants who enter the promotion without disclosing (or
attempting to conceal) their age (as and where required) and/or do not provide the required Legal
Guardian consent (as and where required) will be deemed invalid. These Conditions of Entry will
bind the Entrants and any Legal Guardian who gives their consent. A prize will be awarded to the
Legal Guardian who consented to the winner entering the promotion on behalf of the winner, at
the sole discretion of the Promoter.
5. For the purposes of this promotion, an eligible School is a recognised, registered and/or verifiable
Government, independent or religious primary school located in Australia. The Promoter at all
times and in its sole discretion may determine whether a primary school is an eligible School with
regards to the nature of the activities of the school, the structure of the school and any other
relevant considerations as determined by the Promoter in its sole discretion.
6. To enter the promotion, Entrants must, during the Promotional Period:
a. visit
www.randomhouse.com.au/middleschool (Promotional Website);
b. download and print the online entry form and the online release form(s), and fully and
correctly complete the online entry form and ensure their Legal Guardian fully and
correctly completes the online release form(s) in the manner required. In order to
complete these forms, Entrants must provide their full name, gender, date of birth, current
and valid email address, contact telephone number and School name and the full name,
contact telephone number and current and valid email address of the Legal Guardian
who consented to the Entrant entering the promotion. Entrants must also provide one
original (1) short story about their experience at their School:
i. of five hundred (500) words or less;
ii. in one (1) of the following formats (if applicable): .doc, .docx or .pdf; and
iii. that is their own work, unpublished (whether or not for profit) and in accordance
with any other criteria specified on the Promotional Website;
2
c. submit the completed and signed (where applicable) entry form and release form(s)
together with their short story via either:
i. mail in a stamped envelope to ‘Attention Sarana Behan, Random House
Australia, 100 Pacific Hwy, North Sydney NSW 2060’; or
ii. email to sbehan@randomhouse.com.au; and
d. have their entry accepted as a valid entry in this promotion. An entry is not complete and
accepted until this step has occurred,
(together, an Entry).
7. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and
no correspondence will be entered into. Once an Entry is submitted, Entrants acknowledge that
the Entry may not be withdrawn, altered or deleted (except as and where required by the
Promoter).
8. Without limiting any of the provisions of these Conditions of Entry, the Promoter requires that an
Entry fully complies with these Conditions of Entry and must not include or make reference to any
Intellectual Property Rights of any person, corporation or entity, including but not limited to any
visible logos, drawings, cartoons, phrases, copyrighted material, trade marks, marks that identify
a brand or other third party materials, unless the Entry is submitted with the written consent of the
owner of the applicable Intellectual Property Rights. An Entry submitted without obtaining such
written consent may result in the Entry becoming invalid for the purposes of this promotion and/or
the Entrant being subject to legal liability. Any Entries that have been published (whether or not
for profit) or contain content that the Promoter, in its sole discretion, considers to not be the
Entrant’s own work, constitute plagiarism or be offensive, inappropriate or objectionable in any
way or to infringe any Intellectual Property Rights or other rights of any person, corporation or
entity, will not be accepted as eligible Entries into the promotion. This includes, but is not limited
to, any Entry which the Promoter considers to be disparaging of its products and/or services or
any School, or is otherwise not in keeping with the spirit of the promotion.
9. Only one (1) entry per person permitted. Any subsequent entry after the first valid entry is
received will be deemed invalid (with the exception of Resubmitted Entries, as defined below).
10. An Entrant may, during the Promotional Period, be requested by the Promoter to resubmit their
Entry via the Promotional Website if the Promoter considers the Entry submitted to be ineligible to
be accepted as a valid Entry (Resubmitted Entry). The decision by the Promoter to request a
Resubmitted Entry, or to accept or reject a Resubmitted Entry as a valid Entry, is in the
Promoter’s sole discretion and no correspondence will be entered into. If a Resubmitted Entry is
accepted by the Promoter, in its sole discretion, as a valid Entry, the Resubmitted Entry will be
deemed to be the Entry for the Entrant for the remainder of the promotion. If a Resubmitted Entry
is rejected by the Promoter as a valid Entry, or is not received by the Promoter by 11:59pm
(AEST) on 30/7/2012, the Entrant will not have gained an Entry into the promotion.
11. Entries and Resubmitted Entries submitted via email will be deemed accepted at the time of
receipt and moderation by the Promoter and not at the time of transmission. Entries and
Resubmitted Entries received will be considered final by the Promoter. Incomplete, inaccurate,
erroneous, ineligible or incomprehensible Entries and Resubmitted Entries will be deemed invalid.
The Promoter accepts no responsibility for late, lost or misdirected Entries and Resubmitted
Entries. Contact details entered incorrectly on the Promotional Website by an Entrant will deem
an Entry or Resubmitted Entry invalid.
12. Costs associated with accessing the Promotional Website remain an Entrant’s and Legal
Guardian’s responsibility and may vary depending on the Internet service provider used.
3
13. All valid Entries will be judged by a panel of appropriately qualified judges by 7/8/2012 at the
Promoter’s premises to determine one (1) boy winner and one (1) girl winner judged to be the
best from all eligible Entries received. All eligible Entries will be judged on a basis of originality,
creative merit. This is a game of skill and chance plays no part in determining the winners. The
winners and their Schools will be notified by telephone and in writing and their names will be
published on the Promotional Website by 9/8/2012. All reasonable steps to notify the winners of
the results of the judging will be taken by the Promoter. Judges’ decision is final and no
correspondence will be entered into.
14. The one (1) boy Entrant judged to have submitted the best Entry from all eligible boy Entries
received will win one (1) pack of children’s books selected by the Promoter in its sole discretion,
valued at up to $250.00, plus the opportunity to have their Entry published in an edition of Mania
Magazine. The particular edition will be selected by the Promoter in its sole discretion.
15. The one (1) girl Entrant judged to have submitted the best Entries from all eligible girl Entries
received will win one (1) pack of children’s books selected by the Promoter in its sole discretion,
valued at up to $250.00 each, plus the opportunity to have their Entry published in an edition of
Girl Power Magazine. The particular edition will be selected by the Promoter in its sole discretion.
16. The Schools of each of the boy winner and girl winner will also win one (1) pack of children’s
books selected by the Promoter in its sole discretion, valued at up to $250.00 each. The Schools
nominated in the winning Entries must confirm in writing their acceptance of the prize within the
time frame nominated by the Promoter in its sole discretion. In the event that the nominated
School does not respond within the time frame required, or elects not to accept the prize, the
winning Entrant will be required to nominate another School to be awarded the prize. The
Promoter will continue this process with until the prize has been awarded.
17. In the event of a dispute between the School nominated on an Entrant’s Entry (as stated on that
Entrant’s online entry form) and another School at which the Entrant is alleged to be enrolled at
time of Entry, the Promoter will require the Entrant provide sufficient evidence (as determined in
its sole discretion) in order to confirm the School at which the Entrant is enrolled. In the event that
an Entrant does not nominate a valid (or any) School on their Entry, or an Entrant nominates a
School at which they are not enrolled at time of Entry, that Entrant’s Entry will be deemed
ineligible for the purpose of this promotion. Schools acknowledge that their opportunity to win a
prize is dependent upon an eligible Entrant fully and correctly nominating the School at which
they are enrolled on the online entry form in the manner required and submitting a valid Entry in
the promotion. The Promoter is not responsible in any way for: (a) an invalid Entry or ineligible
Entrant; (b) an Entry that does not nominate a School; or (c) an Entry that incorrectly nominates a
School.
18. Total maximum prize pool value is up to $1,000.00. The prizes are not transferable or
exchangeable and cannot be taken as cash (unless otherwise indicated). Prizes must be taken as
offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that
may arise from the prize winnings. Independent financial advice should be sought. The Promoter
accepts no responsibility for any variation in prize value. All prize values are the recommended
retail price including GST.
19. The Promoter may award a prize to the next best judged Entry by 14/8/2012 at the Promoter’s
premises in order to award the prize if unclaimed by that date. The unclaimed prize winner(s) and
their Schools will be notified by telephone and in writing and their names will be published on the
Promotional Website by 16/8/2012. All reasonable steps to notify the winners of the results of the
judging will be taken by the Promoter. Judges’ decision is final and no correspondence will be
entered into.
4
20. Entrants can only enter in their own name. Entrants and Legal Guardians who provide incorrect,
misleading or fraudulent information are ineligible to participate in the promotion and all Entries of
an Entrant (or information supplied by a Legal Guardian) who is deemed by the Promoter to have
provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be
deemed invalid. The Promoter reserves the right to request the Entrant and Legal Guardian
produce (within the requested time) appropriate photo identification or other documentation (to
the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age,
residential address, School, eligibility to enter and claim a prize, and any information submitted by
the Entrant in entering the promotion, before issuing a prize (including confirming consent of an
Entrant’s Legal Guardian and the name, age and address of the Legal Guardian that gave their
consent and the School at which the Entrant is enrolled). If the documentation required by the
Promoter is not received by the Promoter (or its nominated agent) or an Entrant, Legal Guardian
or Entry has not been verified or validated to the Promoter’s satisfaction then all the Entries of
that Entrant will be ineligible and deemed invalid.
21. It is a condition of accepting a prize that the winner may be required to sign a legal release or
releases in a form determined by the Promoter in its absolute discretion.
22. The Promoter reserves the right to verify the validity of any and all Entries and Schools and
reserves the right to disqualify any Entrant for: (a) tampering with the Entry process; (b)
submitting an Entry which is not in accordance with these Conditions of Entry, including but not
limited to where an Entrant does not have Legal Guardian consent; or (c) if the Entrant is
engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and
proper conduct of the promotion. The Promoter’s legal rights to recover damages or other
compensation from such an offender are reserved. A prize will only be awarded following any
Entrant, Legal Guardian and School validation and verification that the Promoter requires in its
sole discretion.
23. Any Entries that contain content that the Promoter, in its sole discretion, considers to be one (1)
or more of the following content types will not be considered eligible Entries into the promotion:
a. content that does not strictly comply with the Entry requirements as set out in these
Conditions of Entry and on the Promotional Website;
b. content that depicts, alludes to or promotes offensive, lewd or illegal behaviour or any
swearing, alcohol or smoking;
c. content that parodies, disparages or makes fun of in any way the Promoter;
d. content that is patently offensive and promotes racism, bigotry, hatred or physical harm of
any kind against any group or individual;
e. content that harasses or advocates harassment of another person;
f. content that exploits people in a sexual or violent manner;
g. content that contains nudity, violence, or offensive subject matter or contains a link to an
adult website;
h. content that solicits personal information from anyone;
i. content that provides any telephone numbers, street addresses, last names, URLs or
email addresses;
j. content that promotes information that Entrants know is false or misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
k. content that promotes an illegal or unauthorised copy of another person's copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files;
l. content that involves the transmission of "junk mail," "chain letters," or unsolicited mass
mailing, instant messaging, "spamming";
m. content that furthers or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but not limited to making or
5
buying illegal weapons, violating someone's privacy, or providing or creating computer
viruses;
n. content that solicits passwords or personal identifying information for commercial or
unlawful purposes from other users;
o. content that involves commercial activities and/or sales without the Promoter’s prior
written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
p. content that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter
eggs or other computer programming routines that may damage, modify, delete,
detrimentally interfere with, surreptitiously intercept, access without authority or
expropriate any system, data or personal information;
q. content that has been used in previous marketing materials or promotions for any third
party or where any third party has been granted use of that content for any purpose
whatsoever, including commercial purposes;
r. content that includes an image or reference to another person that you have submitted
without that person's consent; or
s. content that uses sexually suggestive imagery or any other unfair, misleading or
deceptive content.
24. By entering this promotion, each Entrant warrants to the Promoter:
a. that their participation in the promotion has been consented to by the Legal Guardian;
b. that their Entry submitted is original and their own work;
c. that they have the authority and all permissions necessary to submit their Entry;
d. that they own the content of their Entry and have the right to assign copyright ownership
and other Intellectual Property Rights in the Entry to the Promoter;
e. that their Entry does not violate the privacy rights, copyright, contract rights or other rights
(including but not limited to Intellectual Property Rights) of any person, corporation or
entity;
f. in respect of Entries that include images or references to third parties or third party
property, that they have, before submitting their Entry, obtained the required written
consents and releases from those third parties (or third party property owners) to include
such images or references in their Entry and submit that Entry into this promotion;
g. in respect of Entries that include images or references to third parties, that the third party
participant has been informed by the Entrant and agrees in writing that such third party
participant’s image or reference may be used by the Promoter in any media for an
unlimited period of time without remuneration or compensation to the third party
participant for the purpose of promoting, publicising or marketing this promotion
(including any outcome), promoting any products and/or services manufactured,
distributed and/or supplied by the Promoter and/or promoting the Promoter generally;
h. that they will not use the Promotional Website to offend, vilify, defame, upset, hurt,
criticise or cause loss or damage to any other person;
i. that their Entry does not contain content that is illegal, contrary to any Laws, indecent,
obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory,
libellous, offensive or objectionable;
j. that their Entry does not contain content that is contrary to the requirements or directions
of relevant regulators;
k. that their Entry does not contain content that has been used in previous marketing
materials or promotions for any third party or where any third party has been granted use
of that content for any purpose whatsoever, including commercial purposes;
l. that their Entry does not contain content that contains any viruses, Trojan horses, worms,
time bombs, cancelbots, easter eggs or other computer programming routines that may
damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access
without authority or expropriate any system, data or personal information;
m. that their Entry does not contain any misrepresentations or suggestion that any entity has
the approval or sponsorship of any other entity which it does not have;
6
n. that during the course of creating their Entry, their conduct was not illegal, contrary to any
laws, indecent, obscene, threatening, discriminatory or harassing to any person; or
o. that the Entrant agrees that if their Entry is accepted by the Promoter, their Entry may be
used by the Promoter in any media for an unlimited period of time without remuneration
or compensation for the purpose of promoting, publicising and/or marketing this
promotion (including any outcome) and/or promoting any products and/or services
manufactured, distributed and/or supplied by the Promoter and/or the Promoter generally.
25. By entering this promotion, each Entrant’s Legal Guardian warrants to the Promoter:
a. that the Entrant’s Entry is their own work and otherwise complies with these Conditions of
Entry;
b. that the Legal Guardian acknowledges that he or she may be required to provide proof of
age and identity of the Entrant;
c. that the Legal Guardian is aged 18 years or older as at the date of Entry and
acknowledges that he or she may be required to provide proof of their age and identity;
d. that the Legal Guardian is a parent or legal guardian of the affairs of the Entrant;
e. that the Legal Guardian is fully authorised to agree to these Conditions of Entry on his or
her own behalf for and on behalf of the Entrant;
f. that no other person is required to authorise or consent to agree to these Conditions of
Entry on behalf of the Entrant;
g. that these Conditions of Entry are valid and binding upon the Legal Guardian and the
Entrant;
h. that the Legal Guardian and Entrant (as the original copyright holder) are personally
liable to indemnify the Promoter for any breaches of any rights generally (including
Intellectual Property Rights); and
i. the rights (including Intellectual Property Rights) in the Entrant’s Entry have not been and
will not be assigned or licensed or otherwise granted in whole or in part to any person
other than the Promoter.
26. Each Entrant and Legal Guardian indemnify, and must defend and hold harmless, the Promoter
and its employees, servants, agents and contractors, from and against all Losses arising from: a
breach by the Entrant of any of these Conditions of Entry; any third party claim arising directly or
indirectly from a breach by the Entrant of any of these Conditions of Entry; a negligent, wilful or
otherwise wrongful act or omission of the Entrant; fraudulent or dishonest acts or omissions by
the Entrant; any breach by the Entrant of any applicable Laws; any claim by any third party
(including individuals, legal entities and governmental departments or agencies) arising directly or
indirectly as a result of the Entrant entering this promotion; the death of, or personal injury to, any
person or any damage to, or loss or destruction of, any real or tangible personal property, to the
extent caused by any act or omission of the Entrant; any Entrant’s use of the Promotional
Website; any postings or contributions on the Promotional Website by any party in connection
with the Entrant’s use of the Promotional Website; any error, defamation, libel, obscenity,
profanity or inaccuracy of any content or information transmitted in connection with any Entrant’s
use of the Promotional Website; and any claim or allegation that the Entrant’s Entry infringes a
third party’s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or
misappropriation of another parties trade secret or confidential information.
27. All rights, title and interest in all Intellectual Property Rights in all of the Promoter’s brands, logos,
trading names, products and/or services and the Promotional Website will remain or be vested in
the Promoter. Participation in this promotion by an Entrant will not under any circumstances be
taken to constitute a transfer, assignment or grant of any ownership rights in any of the
Promoter’s brands, logos, trading names and products and/or services. The Promoter, on a case
by case basis and to the extent required, grants to each Entrant a non-exclusive licence for the
Promotional Period use of the Promoter’s brands, logos, trading names and products and/or
services solely for the purpose, and to the extent necessary, to enable each Entrant to create
their Entry.
7
28. By entering this promotion, the winning Entrants agree to grant the Promoter a perpetual,
worldwide, irrevocable, unconditional, non-exclusive, transferable licence (and agree to use their
best endeavours to procure any relevant third parties to grant to the Promoter such licence) to
use their Entry for the purposes of marketing and promoting the Promoter and/or its goods and
services without the further consent of the winning Entrant and without any further payment or
compensation payable to the winning Entrant. Each winning Entrant expressly consents pursuant
to the Copyright Act 1968 (Cth) to the Promoter having an unfettered right to treat their Entry in
any manner at its sole discretion, to alter the Entry in any manner and to the Promoter not
attributing authorship of the Entry to the winning Entrant.
29. Entrants are solely responsible and liable for the content of their Entries and any other
information they transmit to other Internet users. The Promoter may delete or request the deletion
of any content posted on the Promotional Website in accordance with its prevailing terms and
conditions of use. Any Entries that are removed by the Promoter will not be considered eligible
Entries for the purposes of this promotion. The Promoter is not responsible and excludes all
liability (to the greatest extent allowable by law) for the content of any Entries submitted for the
purposes of this promotion (including but not limited to any illegal, incorrect or inaccurate content
and third party advertising).
30. A Regulator or any member of the public may wish to submit a notice, request, direction,
complaint or instruction (Notification) to the Promoter in respect of any Entry. Except for
Regulators, Notifications must be submitted to the Promoter during the Promotional Period at:
sbehan@randomhouse.com.au. If, during the Promotional Period, the Promoter receives a
Notification in respect of any Entry, the Promoter will consider the issues raised in the Notification
and determine, in its sole discretion, whether the relevant contribution should be removed. The
Entrant acknowledges and agrees that the Promoter may, without any liability, take any steps
necessary in order to respond or comply with a Notification (to the extent the Promoter is legally
authorised and obliged to do so) to ensure compliance with any relevant Laws and/or the
requirements of a Regulator and may take these steps at any time and without further notice to
the Entrant.
31. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal
functioning of the Promotional Website or the information on the Promotional Website, or to
otherwise undermine the legitimate operation of this promotion 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. If the Promoter suffers
loss or incurs any costs in connection with any breach of these Conditions of Entry or any other
legal obligation by an Entrant, the Entrant and Legal Guardian agree to indemnify the Promoter
for those losses, damages and costs.
32. The use of any automated Entry software or any mechanical, electronic or other means that
allows an Entrant to automatically enter repeatedly is prohibited and will render all Entries
submitted by that Entrant invalid.
33. If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s
reasonable control, then a comparable prize or prize element of equal or greater value will be
awarded in lieu.
34. If this promotion is not capable of running as planned for any reason beyond the reasonable
control of the Promoter, including but not limited to war, terrorism, state of emergency or disaster
(including natural disaster), infection by computer virus, bugs, tampering, unauthorised
intervention, technical failures or anything which corrupts or affects the administration, security,
fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole
discretion, to cancel, terminate, modify or suspend the promotion and/or, if necessary, to provide
an alternative prize or prizes to the same value as an original prize or prizes.
8
35. The Promoter, its associated agencies and companies excludes all liability (including negligence)
except for any liability that cannot be excluded by law, for any direct or indirect injury, loss and/or
damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical
malfunctions, delays or failures, including those resulting from accessing any materials related to
this promotion and any incorrect, inaccurate or incomplete information communicated in the
course of, or in connection with, this promotion as a result of any technical malfunctions, delays
or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged Entries,
prize claims or prizes; and/or (iv) acceptance and/or use of any prize. Applicable manufacturers
and/or distributors should be contacted in regards to all prize warranty claims.
36. As a condition of entering this promotion, an Entrant consents to, in the event the Entrant is a
winner, the Promoter using the Entrant’s Entry, name, likeness, image and/or voice (including
photograph, film and/or recording of the same) in any media for an unlimited period of time
without further notification, remuneration or compensation for the purpose of promoting,
publicising or marketing the promotion (including any outcome), and/or promoting any products or
services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that, in
the event the Entrant is a winner, the Entrant will participate in all reasonable promoted activities
in relation to the promotion as requested by the Promoter and its agents.
37. The Promoter collects personal information about an Entrant to include the Entrant in the
promotion and, where appropriate, award prizes. If the personal information requested is not
provided, the Entrant cannot participate in the promotion and is deemed ineligible. An Entrant
also agrees that the Promoter may, in the event the Entrant is a winner, publish or cause to be
published the Entrant winner’s name and locality in any media. An Entrant can gain access to,
update or correct any personal information held by the Promoter by contacting the Promoter’s
Privacy Officer at:
privacyofficer@randomhouse.com.au. All personal information will be stored at
the office of the Promoter. A copy of the Promoter’s Privacy Policy in relation to the treatment of
personal information collected may be viewed at
www.randomhouse.com.au.
38. If an Entrant participates in the promotion and also chooses to “opt-in” in the manner required on
the online entry form, the Entrant acknowledges that a further primary purpose for collection of
the Entrant’s personal information by the Promoter is to enable the Promoter to use the
information to assist the Promoter in improving goods and services and to contact the Entrant in
the future with information on special offers or to provide the Entrant with marketing materials via
any medium as indicated including mail, telephone and commercial electronic messages (SMS
(Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and
email) or any other form of electronic, emerging, digital or conventional communications channel
whether existing now or in the future. The Promoter may share information with its Australian
related companies or promotional partners who may contact the Entrant with special offers in this
way. By entering the promotion and opting-in, an Entrant acknowledges and agrees that the
Promoter may use the Entrant’s personal information in the manner set out in this condition.
39. In these Conditions of Entry: “Intellectual Property Rights” means all present and future rights
of whatever nature anywhere in the world including, but not limited to, rights in respect of or in
connection with copyright, inventions (including patents), trade marks, service marks, trade
names, domain names, designs, confidential information, trade secrets and know-how and similar
industrial, commercial and intellectual property rights, whether or not registered or registrable,
and includes the right to apply for the registration of such rights, and whether existing in Australia
or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes,
regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements,
statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders,
injunctions, judgments, and Australian generally accepted accounting principles. “Losses” means
loss, damage, liability, charge, expense or cost (including all reasonable legal and other
professional costs on a full indemnity basis) of any nature or kind. “Regulators” means any
regulatory agency or any private entity that functions in a quasi-regulatory manner, having any
9
applicable jurisdiction and includes the Advertising Standards Bureau, the Australian Association
of National Advertisers, the Australian Communications and Media Authority, the Commonwealth
Department of Broadband, Communications and the Digital Economy, the Australian Competition
and Consumer Commission, the Office of the Australian Information Commissioner, the
Classification Board, the Telecommunications Industry Ombudsman and any authority, agency or
entity that is substituted for, or takes over the functions of, any of those organisations.
40. Promoter: Random House Australia Pty Limited (ABN 28 004 815 703) of Level 3, 100 Pacific
Highway, North Sydney NSW 2060.
Australian Competitions Club
