http://everydayhero.com.au/event/bs2012“BLUE SEPTEMBER” PROMOTION
TERMS AND CONDITIONS
1.Information on how to enter and the prize forms part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2.Promotion commences at 9:00am on 24/08/12 and
closes at 11:59pm on 30/09/12 (“Promotional Period”).
3.Entry is only
open to Australian residents aged 16 years or over. Employees (and their immediate families) of the Promoter, Big Health Foundation, the Australian Cancer Research Foundation, the Australian Prostate Cancer Research 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.To be eligible to enter, individuals must, during the Promotional Period,
make a minimum donation of at least $10 via www.blueseptember.org.au, by calling 1300 300 817, or directly to the Promoter’s representative at selected events. To enter, individuals must then, during the Promotional Period, either (a) visit www.blueseptember.org.au, input the requested details, including an answer to the question; or (b) complete an entry form at selected events, including an answer to the question, and place in the barrel. The question is: In 25 words or less, if you wanted to paint someone’s face blue, who would it be and why? 5.Funds raised via this promotion will be wholly donated to the Promoter who will distribute part of the funds for cancer research to the Australian Cancer Research Foundation, and the Australian Prostate Cancer Research.
6.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 will 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.
7.Incomplete or indecipherable entries will be deemed invalid.
8.
Only 1 entry permitted per person.9.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.
10.The winner will be notified by telephone and email. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on literary and creative merit of the answer provided to the question. The Promoter’s and judges’ decisions are final and no correspondence will be entered into.
11.
The best entry, as determined by the judges, will win a Hyundai Veloster with Dual Clutch Transmission with Mica paint and is valued at the recommended retail price of up to $33,384, which varies from State to State. The prize includes on road costs and taxes such as stamp duty, GST, 12 months registration, and compulsory third party insurance, but will not include comprehensive insurance. The winner will be required to collect the car from a dealer as determined by the Promoter. Any ancillary costs associated with collecting the prize will be the responsibility of the winner.
12.Winner must have a current valid drivers licence issued in an Australian State or Territory in order to collect the prize. If the winner is, through any legal incapacity or otherwise, unable to register the car in their own name, or collect the car due to not having a licence, then such winner may assign the motor vehicle prize to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the winner and the assignee. The winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the car is awarded.
13.The Promoter reserves the right to select reserves and record them in order of merit in the event that the original person selected to win the prize is deemed ineligible.
14.If for any reason the winner does not take the prize at the time stipulated by the Promoter, then the prize will be forfeited and will not be redeemable for cash.
15.If the 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.
16.The prize is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
17.It is a condition of receiving the prize, that the winner: (a) consents to 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 without remuneration for the purpose of promoting this promotion (including any outcome), and promoting the Promoter, and its services and that of the Australian Cancer Research Foundation and the Australian Prostate Cancer Research; and (b) agrees to all reasonable requests to appear in radio and television for the purpose of promoting this promotion (including any outcome), and promoting the Promoter, and its services and that of the Australian Cancer Research Foundation and the Australian Prostate Cancer Research Foundation. If an individual does not agree, they will be deemed ineligible.
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, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
19.Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
20.The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
21.All entries submitted become the property of the Promoter. Entries will not be returned to any entrant. As a condition of entering this promotion, each entrant licences the Promoter to use their entry in any media for an unlimited period for any reason including but not limited to future promotional, marketing or publicity purposes. Each entrant warrants to the Promoter that each entry submitted is an original literary work of the entrant that does not infringe the rights of any third party. Entrants agree to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
22.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, 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.
23.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 the winner or any entrant; or (f) use of the prize.
24.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.
25.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 agents, contractors, service providers, and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.
26.The Promoter is The Big Health Foundation Limited (ABN 75 149 193 699) of 131a Chapel St, Prahran VIC 3181.
