TERMS & CONDITIONS
http://www.tvwinners.com.au/Competitions/Competition.aspx?PageId=38125 WOL What is the best excuse you'd give to your partner if you thought you would miss the birth of your child?PARTICIPATION
1. This competition (the “PROMOTION”) is conducted by Multi Channel Network Pty Ltd (MCN) ABN: 72 077 436 974, Level 4, 19 Harris Street, Pyrmont NSW, 2009. Phone: 02 9209 6300 (the “PROMOTER”).
2. The Promotion is a game of skill, and chance plays no part in determining the winners.
3. Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the Prize if they are a winner.
4. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.
5. The Promotion is only open to eligible entrants (the “ENTRANTS”), being individuals who are:
a) permanent residents of Australia; and
b) over the age of 18, or if under the age of 18 have their parents’ or guardians’ permission;
and must not be:
c) employees of the Promoter or Roadshow Films (the “SUPPLIERS”) or an employee of the Promoter’s or Suppliers’ related body corporate as defined under the Corporations Act 2001 (Cth) or agencies or any other company associated with the Promoter and/or the Promotion; or
d) a spouse, de facto spouse, parent, child or sibling (whether natural or by adoption) of such an employee.
6. Entry to the Promotion commences at 18:01hrs on Monday 15 November 2010 and closes at 23:59hrs on Monday 5 December 2010 (the “ENTRY PERIOD”). All times and dates are times and dates in Sydney, which may be AEST or AEDT depending on the date. All times are stated using the 24 hour clock. 00:00hrs is the start of a day and 24:00hrs is the end of a day.
ENTRY
7. To enter the Promotion, during the Entry Period an Entrant must:
a) log on to
www.tvwinners.com.au (the “WEBSITE”);
b) fill in all the required data fields on the entry form; and
c) answer the following question in 25 words or less “What is the best excuse you would give to your partner if you thought you would miss the birth of your child?” (the ”ENTRY QUESTION”).
8. The Entrant’s entry must not be:
a) late;
b) delayed;
c) incomplete;
d) incomprehensible;
e) unlawful;
f) obscene;
g) defamatory;
h) libellous;
i) threatening;
j) pornographic;
k) harassing;
l) hateful;
m) racially or ethnically offensive;
n) capable of encouraging conduct that would be considered a criminal offence;
o) capable of violating any law; and/or
p) capable of giving rise to civil liability.
9. Entry via the Website is restricted to 1 entry per person per day.
10. Entry via the Website is free, however, any costs associated with accessing the Website are the responsibility of the person seeking access and are dependent on the internet service provider used.
11. Entrants must make their Website entries manually using an internet browser. The Promoter may reject entries if it reasonably forms the opinion that an entry has been made using automated entry means or by use of a computer entry service.
12. Entrants must ensure that their entries are received by the Promoter during the Entry Period. All entries are deemed to be received at the time of receipt by the Promoter, not time of transmission by the Entrant. The Promoter takes no responsibility for late, lost or misdirected entries or for any delays or failures in any telecommunications service or equipment. The Promoter accepts no responsibility for any entries not received by the Promoter or for any delays in the delivery of any entries due to technical disruptions, network congestion or for any other reason.
13. Should an Entrant’s contact details change at any time between the date that they enter the Promotion and Wednesday 19 January 2011, the Entrant must notify the Promoter of their new details immediately.
14. All entries to the Promotion may be subject to verification by the Promoter. An Entrant must, within 7 days of being asked, at the Promoter’s cost:
a) hand over to the Promoter any receipt (if applicable) issued at the point of entering; and
b) allow the Promoter to inspect and copy any other documents, the Promoter may request establishing eligibility to enter or win, including evidence of age, residence or identity.
15. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof that winner will forfeit their prize in whole and no substitute will be offered.
16. Any entry that is made on behalf of an Entrant by a third party or otherwise by proxy will be invalid.
17. The Promoter may, at its absolute discretion, declare any or all entries made by an Entrant to be invalid if the Entrant:
a) fails to establish their entitlement to enter the Promotion to the Promoter’s satisfaction; or
b) fails to produce items as required by condition 14 or produces items that are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
c) appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or
d) has submitted an entry that is not in accordance with these Terms and Conditions.
WINNERS
18. There will be six (6) prize winners (the “WINNERS”) in total over the entire Entry Period.
19. There will be one (1) major prize winner (the “MAJOR PRIZE WINNER”) over the entire Entry Period.
20. There will be five (5) runner up winners (the “RUNNER UP WINNERS”) over the entire Entry Period.
21. The Winners will be the Entrants who, in the sole opinion of the judges, have most creatively answered the Entry Question. The Winners will be determined by the Promoter on Wednesday 8 December 2010 (the “PRIZE DETERMINATION DATE”) at 10:00hrs by the Promoter at Level 8, 401 Docklands Drive, Docklands, VIC, 3008. The Winners’ names will be posted on the Website on Wednesday 15 December 2010.
22. The Promoter’s decisions are final and no correspondence will be entered into.
23. Subject, where relevant, to any directions given under the legislation regulating the Promotion, if any Prize is: (i) not claimed by a Winner within one (1) month of the Prize Determination Date; or (ii) forfeited for any reason, the Prize will be awarded to another Entrant in an unclaimed prize determination (the “UNCLAIMED PRIZE DETERMINATION”) commencing at 10:00hrs on Wednesday 19 January 2011 by the Promoter at Level 8, 401 Docklands Drive, Docklands, VIC, 3008. The winner/s of the Unclaimed Prize Draw (also “WINNER/S”) will be notified in writing and by telephone within two (2) business days of the Unclaimed Prize Determination. The Winner/s’ names will be posted on the Website on Wednesday 26 January 2011.
PRIZES
24. The Major Prize Winner will win a Kumuka Worldwide (“KUMUKA”) Canyon Park 15 day Tour for two people departing from Las Vegas, Nevada, United States of America, returning to Las Vegas, Nevada, United States of America (the “MAJOR PRIZE”), valued at a maximum of $5,500.00 per person. The Major Prize includes:
• 2 x adult return economy airfares from the Major Prize Winner’s nearest capital city in Australia (Brisbane, Sydney, Melbourne, Adelaide, Perth, Darwin, Canberra or Hobart) to Las Vegas, Nevada, United States of America, valued at a maximum of $2,750.00 each (subject to availability).
• Fourteen (14) nights accommodation for two people at a Las Vegas hotel to be determined, subject to availability;
• 2 x fully escorted 15 day tour with Kumuka tour leader and/or local guide;
• All activities as per itinerary as provided at
http://www.kumuka.com/TourPage.aspx?ContinentId=na&TourId=na30 (Itinerary);
• All entrance fees into National Parks, National Monuments, State Parks, Museums and other attractions as per Itinerary; and
• Six (6) breakfasts, one (1) BBQ Lunch, one (1) American Navajo Dinner with a dance show for two adults.
THE TOTAL MAJOR PRIZE POOL IS VALUED AT A MAXIMUM OF $11,000.00
25. The five Runner Up Winners will each win a Due Date Prize Pack (the “RUNNER UP PRIZE”), valued at a maximum of $193.00 each. The Prize includes:
• 1 x Dog Carrier, valued at a maximum of $60.00;
• 1 x Plush Dog, valued at a maximum of $25.00;
• 1 x Road Trip Bingo Game, valued at a maximum of $15.00;
• 1 x X-Large Men's t-shirt, valued at a maximum of $25.00;
• 1 x Worn Hat, valued at a maximum of $25.00;
• 1 x Luggage Tag, valued at a maximum of $5.00; and
• 1 x In Season Double Pass to see “Due Date” at the movies during the theatrical season, valued at a maximum of $38.00.
THE TOTAL RUNNER UP PRIZE POOL IS VALUED AT A MAXIMUM OF $965.00
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $11,965.00
26. Further details about the Major Prize and the Kumuka Canyon Park Tour, are available at
http://www.kumuka.com/TourPage.aspx?ContinentId=na&TourId=na30.
27. The Winners must provide their correct address details to receive their Prizes. The Winners will be notified of their prizes and expected delivery dates within 14 days of the Prize Determination Date The Major Prize Winner must contact Kumuka by telephone (1300 667 277) or by email (
sales@kumuka.com.au) to claim their respective Prizes. The Runner Up Prizes will be mailed by the Suppliers to the addresses provided by the Runner Up Winners within 28 days of notification. The Promoter does not take any responsibility for delayed delivery of the Prizes.
28. Travel must commence by 30 October 2011 otherwise the Major Prize will be forfeited by the Major Prize Winner and no substitute will be offered. Travel must be booked within 2 months of winner notification.
29. All inclusions of the Major Prize are subject to availability at time of booking. The travel period excludes public holidays and school holiday periods
30. The prize is non-transferable to other persons and non-redeemable for cash. Any attempt to resell or auction all or any part of this prize will result in an immediate cancellation of the prize. Prize cannot be exchanged for another tour. In the event that for any reason whatsoever the Major Prize Winner does not take an element of the prize at the time stipulated by Kumuka then that element of the prize will be forfeited by the Major Prize Winner and cash will not be awarded in lieu of that element of the Major Prize.
31. Additional spending money, meals, insurance, taxes, passports, visas, items of a personal nature, inoculations, travel to and from the departure point, and all other ancillary costs are not included as part of the prize and are the responsibility of the Major Prize Winner.
32. The Major Prize Winner is required to obtain the relevant and suitable travel insurance at their own expense in order to be able to take the holiday prize. It is the traveller’s personal responsibility to ensure that they have valid documentation, including but not limited to valid passports, visas and health requirements, which meet the requirements of immigration and other government authorities at every destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the traveller/s.
33. The Major Prize Winner must be one of the travelling parties and all travel companions must travel on the same tour as the Major Prize Winner.
34. The Major Prize Winner and any travel companions must depart from and return to the same point of departure and travel together for the duration of the tour
35. A valid credit card imprint or cash deposit may be required by the Major Prize Winner and/or their travel companions at check-in to the hotels for all incidental charges.
36. Unless expressly stated all other costs and expenses associated with taking the Prize become the responsibility of the Major Prize Winner, including, but not limited to, the following:
a) costs associated with passport applications,
b) costs associated with visa applications;
c) additional taxes;
d) any domestic flights;
e) transfers (other than those included in the Major Prize);
f) costs associated with inoculations;
g) meals (other than those included in the Major Prize);
h) all airline taxes;
i) sightseeing or activities (other than those included in the Major Prize);
j) any additional accommodation;
k) personal spending money; and
l) all other incidental and ancillary costs, incurred by the Major Prize Winner and/or their travel companion as a direct or indirect result of taking the Major Prize that are not otherwise stated as included in the Major Prize
37. Frequent flyer points cannot be earned on any of the flights included in the Major Prize.
38. Any changes and/or cancellations to accommodation or flight bookings may be subject to fees, payment of which will be the responsibility of the Major Prize Winner.
39. The Promoter makes no representation as to the safety conditions or any other conditions that may exist at any destination.
40. By accepting the prize the Major Prize Winner agrees with these terms and conditions. The Major Prize Winner’s travel companion must agree to these Terms and Conditions to be eligible to accompany the Major Prize Winner on the Prize and the Promoter may require such acceptance in writing in its absolute discretion.
41. The Major Prize is subject to availability as determined by Kumuka Worldwide. Should the Major Prize not be available, Kumuka reserves the right to substitute an alternative tour and international flights to equal or lesser value.
42. If a Prize (or part of a Prize, if applicable) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification, subject to the approval of the authorities that have issued permits for the conduct of the Promotion. The Promoter accepts no other liability or responsibility for any loss incurred by a Winner or any other party if any Prize (or part of a Prize, if applicable) is unavailable for any reason.
43. Upon confirmation of booking of the airfares as part of the Major Prize, the departure dates cannot be changed or cancelled, otherwise the Major Prize will be forfeited by the Major Prize Winner and no substitute will be offered.
44. All Prize values and components of Prize values are correct as at Friday 22 October 2010. Prize values are reflective of the Recommended Retail Price and are in Australian Dollars. All costs are subject to change without notice and exclude GST. The Promoter takes no responsibility for any variations in Prize values.
45. If a Prize (or part of a Prize, if applicable) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification, subject to the approval of the authorities that have issued permits for the conduct of the Promotion. The Promoter accepts no other liability or responsibility for any loss incurred by a Winner or any other party if any Prize (or part of a Prize, if applicable) is unavailable for any reason.
46. The right to receive the Prizes is not transferable or exchangeable and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.
47. The Winners are advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to the acceptance of the Prize.
48. Unless expressly stated in these Terms and Conditions, all expenses incurred in relation to the enjoyment of any Prize are the responsibility of the Winner.
49. Once the Prizes have left the Promoter’s/Supplier’s premises, the Promoter and its agencies and companies associated with the Promotion will not be responsible for any delay in delivery, or damage caused to the Prizes.
NON-PUBLICATION
50. The Major Prize Winner must not publish any written information or material about the tour or Kumuka in any publication (online or otherwise) or website without Kumuka’s prior written approval.
GENERAL
51. The Promoter reserves the right to take any action necessary in its sole discretion at any time, subject to any direction given under State permit regulations.
52. To the full extent permitted by the law, the Promoter and its agencies and companies associated with the Promotion (the “RELEVANT PARTIES”) will not be liable for any loss, damage, claim, cost, expense or personal injury which is suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any Entrant in connection with the Promotion or the Prizes, including: (i) any indirect, economic or consequential loss or loss of profits; (ii) any loss arising from the negligence of a Relevant Party; and (iii) any liability for personal injury or death.
53. If, for any reason, the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, including to cancel, terminate, modify or suspend the Promotion subject to any direction given under the relevant state/territory permit regulations.
54. The Winner acknowledges that the Prize may be subject to additional terms and conditions imposed by third parties. The Winner must become acquainted with any such additional terms and conditions prior to taking the Prize. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, nor for the breach of those conditions by any person.
55. Except for any liability which cannot be excluded by law, the Promoter:
a) is not responsible for any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Promotion;
b) is not responsible for any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; and
c) is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries or entrants’ details.
56. Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.
57. These rules are Terms and Conditions and constitute the entire terms and conditions between the Entrant and the Promoter with respect to the Promotion and cannot be altered, modified or amended.
58. These Terms and Conditions are subject to the applicable State or Territory trade promotion lottery laws and are governed by the laws of the State of New South Wales.
59. All entries become the property of the Promoter.
PRIVACY
60. Your privacy is important to us. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected by or on behalf of the Promoter to enable it to administer the Promotion, publicise its Winners and to send Entrants marketing information where Entrants have consented. Entrants’ personal information may be disclosed to marketing and communications agencies in order to conduct this Promotion. Personal information about Entrants may also be disclosed to the authorities responsible for the regulation of gaming and lotteries. Winners’ names will be published and retained as required by relevant legislation and as specified in these Terms and Conditions. The personal information of each Winner may be provided to others assisting in the conduct of the Promotion, including the Promotion administrator, Prize suppliers and deliverers, and to regulatory authorities. Entrants can contact the Promoter by mail at Level 4, 19 Harris St Pyrmont New South Wales 2009 or by telephone on (02) 9209 6300, to request access to, or corrections of, any of the personal information that the Promoter holds about them. Entrants can access a copy of the Promoter’s Privacy Policy at:
www.tvwinners.com.au.
Australian Competitions Club
