http://www.acpmagazines.com.au/tacs/tip-top-top-tips-competition.htmTip Top - Top Tips CompetitionTerms and Conditions1. Instructions on how to enter and 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 residents of Australia aged 18 years and over, who are able to travel to Sydney on 9 October 2012. Employees of the Promoter, associated agencies and their immediate families, are not eligible 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.
3. Only one entry per person will be permitted.
4. The promotion commences on 29th of August 2012 and closes at 06:00pm AEST on 01st October 2012. The judging will be done by a panel of judges appointed by the Promoter in its absolute discretion. The judging will take place at the Promoter’s premises; 54 Park Street, Sydney NSW 2000 and will begin on 2nd of October 2012. The winner will be notified by telephone and in writing using the contact details given in their entry.
5. There are two ways of entering:
Email: To enter via this method, individuals must send an email to
tiptoptips@acpmagazines.com.au with the subject title ‘Tip Top - Top Tips Competition’ and the body of the email containing their best Tip Top tip regarding family food and/or parenting generally, together with their full name, residential address and daytime telephone number, so that the email is received by 06:00pm AEST on 01st October 2012.
Online: To enter via this method, individuals must go to [http://aww.ninemsn.com.au/comps-and-offers/] and follow the prompts to the competition entry page and fully fill in the entry form including their best Tip Top tip regarding family food and/or parenting generally, their full name, residential address and daytime telephone number and submit the entry form as instructed so that it is received by 06:00pm AEST on 01st October 2012.
6. This is a game of skill, chance plays no part in determining the finalists or the winner. Each entry will be individually judged based on originality, practical value and the literary and creative merit of the tip provided. The judges’ decision in relation to any aspect of the competition will be final and binding on every person who enters. No correspondence will be entered into.
7. Each entrant warrants to the Promoter that the entry submitted is either an original literary work of the entrant that does not infringe the rights of any third parties or if the entry or any part of the information provided to the entrant in relation to the entry was provided by a third party, the entrant warrants that they have obtained the relevant permission from those third parties to submit the entry for the purposes of this promotion and for the entry to be used in the manner and for the purposes outlined in clauses 8 and 9. Without limiting any other terms herein, the entrant agrees to indemnify the promoter against all claims and costs by third parties arising from a breach of the warranties set out in this condition 7 and in conditions 8 and 9.
8. When an entrant submits any materials via the promotion including comments, tips and images (“Content”), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media (including but not limited to online and in magazine), without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
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 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 appears in their Content; (c) as outlined in clause 7, they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (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.
9. Further to clause 8, the Promoter is entitled to use any of the Content submitted in any manner and for any purpose at its absolute discretion, including using the entries for the Promoter’s or their agent’s current or future book and magazine publications and promotional, marketing and publicity purposes without any further reference or payment or other compensation to the entrant. The promoter is entitled to amend, edit, select, crop, retouch, add to or delete from any part of the submitted Content.
10. Any entry which the judges deem inappropriate will be invalid.
11. 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. 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.
12. The best thirty (30) valid entries as determined by the judges will be deemed the finalists of the competition and will each receive the finalist prize valued at up to $[800 ], depending on the point of departure. Each finalist prize consists of the following:
• One (1) x ticket to the ‘All Mums Talk’ breakfast event on Tuesday the 9th of October in Sydney (at an exact location to be determined by the Promoter in its absolute discretion) valued at $[200]; and
• If the winner does not live within the Sydney metropolitan area (as reasonably determined by the Promoter), one (1) x return economy flight from the winner’s nearest capital city to Sydney on 9 October 2012 valued at up to $[600] (depending on point of departure).If any finalist lives within the Sydney metropolitan area (as reasonably determined by the Promoter), then the flight component of the prize will not be included and will be forfeited and will not be redeemable for cash.
13. The judges will also select the best five (5) valid entries out of the thirty (30) finalist entries (in their absolute discretion, based on the judging criteria outlined in these Terms and Conditions) who will be deemed the major prize winners and will each receive one (1) [ School Holiday Family Fun Pack] gift card valued at $[ $500]. The five (5) major prize winners will be announced at the ‘All Mums Talk’ breakfast event and awarded their prize at the event. Individuals must be present at the event to be eligible to win the major prize.
14. The Total prize pool for the entire promotional period is valued at up to $[26500].
15. The finalist prize must be redeemed in full on 9 October 2012 to coincide with the ‘All Mums Talk’ event. The booking time of the flights will be determined by the Promoter in its complete discretion and is subject to availability. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the finalist prize.
16. It is a condition of accepting a prize that each winner agrees to be interviewed, photographed and filmed at any time during their attendance at the ‘All Mums Talk’ event on 9 October 2012. Each winner agrees to the content of any such interviews and to any photographs and or footage taken at the All Mums Talk’ event to be used by the Promoter or their agents for a story or feature on this promotion to be developed and featured in any ACP Magazine title (or any other form of media it deems suitable) or in any advertising campaign for Tip Top (or any advertising campaign generally for George Weston Foods Limited ABN 45008429632 ]) at any time determined suitable by the Promoter without further remuneration or reference to the winner. The inclusion (or non-incusion) of any such interviews, photographs and footage in any feature, story or advertising campaign (including but not limited to creative control of the feature, story or advertising campaign) will remain with the Promoter at all times.
17. Further to clause 16, 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.
18. If an entrant selected as a provisional winner of a finalist prize or a major prize is unavailable to travel on the dates stipulated by the Promoter and attend the ‘All Mums Talk’ event on 9 October 2012, that entrant will forfeit the prize and neither cash nor another prize will be awarded in lieu of the forfeited prize. In the event that the entire prize is forfeited by a winner, the Promoter will award the prize to the next valid entry selected in accordance with the judging criteria outlined in these Terms and Conditions.
19. To the extent permitted by law, the Promoter is neither responsible nor liable for any loss or damage suffered in the event that the ‘All Mums Talk’ breakfast event is postponed, cancelled, rescheduled or relocated for any reason whatsoever.
20. Redemption of prizes is subject to the standard terms and conditions of individual prize and service providers. Prizes do not include any ancillary costs associated with redeeming the prize.
21. Each winner of a prize is responsible for all expenses incurred while taking/redeeming a prize, including spending money, meals (unless specified), drinks, transfers and all other ancillary costs. Finalist prize does not include transfers to and from the winner’s place of residence to the departure point and to and from the event venue. These costs are the responsibility of the winner and will not be borne by the Promoter. For the sake of clarity, no accommodation is included in the finalist prize.
22. Transport to and from departure point including but not limited to additional domestic airfares if required, any additional meals, any sightseeing or activities, any accommodation, personal spending money, and all other ancillary costs incurred are the responsibility of the winner. Prizes also excludes medical expenses, items of a personal nature, beverages, optional tours, laundry, telephone calls or other ancillary costs associated with redeeming the prize other than those specified. These costs and expenses are the responsibility of each winner. Any variations to the prize or extension to the duration of the prize are at the winner’s sole expense and subject to availability and approval by the Promoter 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 (where applicable).
23. Prizes must be taken as offered. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be redeemed as cash. The prizes cannot be used in conjunction with any other special offer. The prizes are valued in Australian dollars. The Promoter accepts no responsibility for any variation in the prize values. Prize winners are 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 a 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.
24. All elements of the prize are subject to availability with no cash alternative and the prizes are non-transferable and non-refundable.
25. If a winner is unable to take a prize during the time period specified, the winner forfeits the prize package with no compensation or further liability of the Promoter. Cash will not be awarded in lieu of a prize.
26. If a prize or portion of a prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value.
27. 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.
28. Any cost associated with accessing the promotional website or sending the entry email is the entrant’s responsibility and is dependent on the Internet service provider used.
29. 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 States 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 or redemption or taking of a prize and attendance at the prize event.
31. 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.
32. All entries become the property of the Promoter. The collection, use and disclosure of personal information provided in connection with this competition is governed by The Privacy Notice (see contents page for location in this issue). 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. By entering the promotion, unless otherwise advised by the entrant, each entrant consents to the information they submit with their entry being entered into a database and the Promoter may use this information, for an indefinite period unless otherwise advised, in any media for future promotional, marketing and publicity purposes without any further reference or payment to the entrant. A request to opt out, access, update or correct any information should be directed to the Promoter.
33. The Promoter is ACP Magazines Pty Ltd, ABN 18 053 273 546, 54 Park Street, Sydney NSW 2000.
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