TERMS AND CONDITIONS:
1. Information on how to enter and prizes form part of these Conditions of Entry. Entries not
completed in accordance with the Conditions of Entry or received after close of entry will not
be considered. Incomplete or inaudible entries will be disregarded. The judge’s decision in
relation to any aspect of the promotion is final and binding on every person who enters. No
correspondence will be entered into. Participation in this promotion is deemed acceptance of
the terms and conditions of entry.
2. Entry is open to all persons of Australian residence, except for employees of the Promoter,
5th Finger Pty Ltd and their immediate families, and all companies and agencies associated
with this promotion. Persons aged under 18 years must obtain parental / guardian consent
to enter prior to entering.
3. Promotion commences Thursday 18th November at 1930 AEDST and closes on Sunday 21st
November at 2359 AEDST. The draw will take place at 5th Finger Pty Ltd, 264 George St,
Sydney NSW 2000 on Monday 22nd November at 1000 AEDST. All times are in AEST and
AEDST during the daylight saving period. The winners will be notified by phone and mail
and published in the Australian newspaper on Thursday 25th November, 2010.
4. There are two ways of entering the promotion:
a. 1-90 Call: Participants can enter the promotion by calling and registering their full name,
address and a daytime telephone number on 1902 555 999. Maximum 1-90 entry cost
per message is 55c including GST. Calls from mobiles and pay phones may attract a
higher rate. Service provider 5th Finger
b. SMS: Text their name and address to 191 999. Maximum SMS entry cost per message
is 55c including GST. The SMS entry mechanic is only open to consumers with a SMS
compatible mobile phone connected to a service provider which permits text messaging
to the promotional SMS number. It is recommended that entrants check with their
individual service provider in this regard. Service provider 5th Finger. Helpline: 1300 464
866
5. Multiple competition entries are permitted, subject to the following: (a) only one entry
permitted per SMS message or 190 call; and (b) each entry must be submitted separately
and in accordance with the entry requirements.
6. Each draw will be conducted as a separate promotional period. For the removal of doubt,
entries received for each period will go into the draw for that period only and will not be
included in subsequent periods. There is no limit to the number of entries by each viewer.
7. No responsibility accepted for late, lost, misdirected, incomplete or inaudible entries.
8. The winners of the promotion will be determined by the first (1) valid entry randomly drawn
by the Promoter in each entry period.
9. The first (1) valid entry drawn in each entry period will win;
1 x $15,000 cash awarded in the form of a cheque made in favour of the winner.
10. The prize is not valid in conjunction with any other offer. The prize is valued in Australian
dollars. The Promoter accepts no responsibility for any variation in the prize value. 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 the prize is awarded to the winner in the form of a voucher / ticket / pass,
redemption of that portion of the prize will be subject to the terms and conditions stipulated
on the voucher / ticket / pass. The Promoter will not be liable for any voucher / ticket / pass
that has been lost, stolen, forged, damaged or tampered with in any way.
11. Cash prizes will be awarded in the form of a cheque. Prizes are not transferable or
exchangeable. Any prizes won by a contestant will be sent to their last known address within
28 days of broadcast of the episode of the program.
12. By entering the promotion via SMS an entrant consents to the Promoter using the their
personal details for the purposes of sending one (1) mobile terminated (MT) reply message
which includes a confirmation of your entry in the promotion AND details of a special offer
made by one of our partners.
13. If a medical circumstance in some way restricts your ability to enter the competition through
the required mechanic, you are still eligible to enter however you must briefly state your
circumstances upon entry.
14. If your entry is selected as a winning entry, validation of your circumstances/ the validity of
your entry will be undertaken by the Promoter. Method of validation (without limitation) will
be determined by the Promoter in its complete discretion. If the winning entry is deemed to
be a winner, the winner will be notified as per the terms and conditions herein. In the event
that the Promoter requests the entrant to sign any legal documents relating to the
verification of their medical circumstance, the legal documents will take the form determined
by the Promoter. It is a condition of accepting the prize the winner sign any such legal
documentation.
15. The promoter is neither responsible nor liable for any late lost or misdirected mail (including
but not limited to prizes).
16. The promoter is not responsible nor liable for any prize damaged in transit in the delivery of
their prize.
17. It is a condition of accepting a prize that the winner agrees to be interviewed, photographed
and filmed at any time during the acceptance of the prize by the Promoter or their agents for
a story or feature on this promotion to be developed and featured on the Nine Network (or
any other form of media it deems suitable) without further remuneration or reference to the
participant. Details may feature on Nine Network on a date to be determined by the
Promoters. The inclusion of any such feature (including but not limited to creative control of
the feature) will remain with the Promoter at all times.
18. Participants must ensure that all care is taken when dialing or sending messages to the
promotional number. It is the complete responsibility of the participant to ensure that they
dial or SMS the correct number, in the event that an error occurs the Promoter accepts no
responsibility for either, costs incurred, responses received or all other consequences. This
is the responsibility of the participant.
19. The Promoter accepts no responsibility for any SMS messages not received by the
Promoter or delays in the delivery of the SMS message due to technical disruptions or for
any other reason. An entry will only be counted as being received when it has been received
by the Promoter’s software system, not when it was sent from the handset.
20. The Promoter reserves the right to verify, at any time during or after the closing of the
promotion, the validity of all entries and to disqualify any entrant who tampers with the entry
process, including techniques designed to avoid payment of call costs. SMS entries via the
internet are not valid and will not be accepted. The use of any automated entry software or
any other mechanical or electronic means that permits the participant to automatically enter
repeatedly are not valid and will not be accepted.
21. The Promoter may conduct such further draws at the same time and place as the original
draw as are necessary at 10am AEDST on Monday, 28 February, 2011 in order to distribute
any prize that remain unclaimed by that date, subject however to all reference to any
relevant state and territory regulations. In the event of a winner in the unclaimed prize draw,
they will be notified in writing and their name will be published in The Australian on
Thursday, 3 March, 2011.
22. The Promoter is not responsible for any incorrect or inaccurate information, either caused by
the phone user or for any of the equipment or programming associated with or utilised in this
competition, or for any technical error, or any combination thereof that may occur in the
course of the administration of this competition including any omission, interruption, deletion,
defect, delay in operation or transmission, communications line or telephone, mobile or
satellite network failure, theft or destruction or unauthorised access to or alteration of
entries.
23. If for any reason this competition is not capable of running as planned (including but not
limited to) technical failures, unauthorised intervention, fraud or any other causes beyond
the control of the Promoter which corrupts or affect the administration, security, fairness,
integrity or proper conduct of this competition, the Promoter reserves the right in its sole
discretion to disqualify any individual who tampers with the entry process, and, subject to
any written directions given by the various Lottery Departments, to cancel, terminate, modify
or suspend the competition.
24. All entries become the property of the Promoter. The collection, use and disclosure of
personal information in connection with this promotion are governed by the Promoter’s
Privacy Notice available from Channel 9 and these Conditions of Entry. The Promoter may
use information it collects in relation to you to provide you with information regarding further
offers, promotions or goods and services provided by the Promoter and/or the Promoter’s
partners and sponsors. The Promoter may also disclose information about you to its service
providers to enable the Promoter to provide you with services. Your personal information
may be disclosed to State and Territory lottery departments and winners’ names published
as required under the relevant lottery legislation. You consent to the Promoter’s use and
disclosure of information about you as contemplated by this condition. To remove your
information from the Promoter’s records, please send an email to
competitions@nine.com.au with your name, mobile phone number and your request to
cancel the service. If you wish to update or modify your details, please email
competitions@nine.com.au with your name, mobile phone number and your request to
update or modify your details.
25. Except for any liability that cannot be excluded by law, the Promoter (including its 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, including, but not limited to, where
arising out of the following: (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
conditions of entry; (e) any tax liability incurred by a winner or entrant; (f) participation in the
promotion and/or (g) redemption of the prize.
26. The Promoter is Nine Network Australia Pty Limited, ABN 88 008 685 407 of 24 Artarmon
Rd, Willoughby, NSW 2068. You can contact the Promoter in relation to the promotion by
mail to this address or by telephone to (02) 9906 9999.
27. Authorised under permit number: NSW: LTPS/10/0825, VIC: 10/3151, SA: T10/2089, ACT:
TP10/03811.1
