TERMS AND CONDITIONS1. Information on how to enter and the prizes 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 and New Zealand residents aged 18 years
or over who are current members of The Hoopla.
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, stepgrandparent,
uncle, aunt, niece, nephew, brother, sister, step-brother, stepsister
or 1st cousin.
4. The Promoter reserves the right, at any time, to verify the validity of entries
and entrants (including an entrantʼs 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.
5. Incomplete or indecipherable entries will be deemed invalid.
6. You may enter as many times as you wish.
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 on 15/12/13 and entries close 5pm AEST on
13/01/14.
9. To enter, individuals must visit
http://thehoopla.com.au, follow the prompts
to the promotional page, “In 25 words or less, whatʼs your funniest encounter
with your bastard boss?” and fill out the entry form by 5pm AEST on 13/01/14.
10. The winners will be notified by email.
11. This is a game of skill and chance plays no part in determining the
winners.
Each entry will be individually judged based on the originality the answer
provided to the promotional question.
12. The Promoterʼs decision is final and no correspondence will be entered
into. The best ten (10) valid entries, as determined by the judges, will each
win 1 x Gambit DVD, valued at $39.95 AUD.
14. If for any reason a winner does not take a prize, then the prize will be
forfeited.
15. If any 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. Total prize pool value is $399.50.
17. Prizes are not transferable or exchangeable and cannot be taken as cash.
18. When an entrant submits any comments via the promotion (“Content”), the
Content submitted becomes the property of the Promoter.
Entrants agree that they are fully responsible for the Content they submit. The
Promoter shall not be liable in any way for such Content to the full extent
permitted by law. The Promoter may choose to upload or remove any Content
without notice for any reason whatsoever. Entrants warrant and agree that: (a)
they will not submit any Content that is unlawful or fraudulent, or that the
Promoter may deem in breach of any intellectual property, privacy, publicity or
other rights, defamatory, obscene, derogatory, pornographic, sexually
inappropriate, violent, abusive, harassing, threatening, objectionable with
respect to race, religion, origin or gender, not suitable for children aged under
15, or otherwise unsuitable for publication; (b) they will obtain prior consent
from any person or property that is mentioned in their Content; (c) the entry
submitted is an original literary work of the entrant that does not infringe the
rights of any third party; (d) their Content shall not contain viruses or cause
injury or harm to any person or entity; and (e) they will comply with all
applicable laws and regulations, including without limitation, those governing
copyright, content, defamation, privacy, publicity and the access or use of
others' computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the
Promoter for any breach of the above terms.
19. Entrants consent to the Promoter using their 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 promotion (including any
outcome), and promoting any products manufactured, distributed and/or
supplied by the Promoter.
20.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.
21. Any cost associated with accessing the promotional website is the
entrantʼs responsibility and is dependent on the Internet service provider
used.
22. Nothing in these Terms and Conditions limits, excludes or modifies 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 Promoterʼs 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.
24. As a condition of accepting a prize, each 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.
26. The Promoter is We Magazine Pty. Ltd. (ABN 361 286 044 37) of Suite 1,
17 Thurlow Street, Redfern, NSW, Australia, 2016.
