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. Entrants under the age of 18 years must have prior parental or legal
guardian consent to enter this competition.
3. The entire Promotional period commences and ceases on the times and dates
stipulated in the table below. The competition lines will remain open for entire promotional
period. The draw will take place at 5th Finger Pty Ltd, 264 George St, Sydney NSW 2000 on
the times and dates stipulated in the table below.. 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 23 December 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 555 900 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 199 55 900. 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 86
TABLE A
Open Draw Close Draw Published
Time
24hour
clock
(AEDST)
Day &
Date:
Time
24hour
clock
(AEDST)
Day & Date: Day & Date: Time
24hour
clock
(AEDST)
Day & Date:
1.(1 X Winner) 05:30 Monday
13/12/2010
16:00
Monday
13/12/2010
Monday
13/12/2010
16:30 Thursday
23/12/2010
2.(1 X Winner) 16:01 Monday
13/12/2010
16:00
Tuesday
14/12/2010
Tuesday
14/12/2010
16:30 Thursday
23/12/2010
3.(1 X Winner) 16:01 Tuesday
14/12/2010
16:00 Wednesday
15/12/2010
Wednesday
15/012/2010
16:30 Thursday
23/12/2010
4.(1 X Winner) 16:01 Wednesday
15/12/2010
16:00 Thursday
16/12/2010
Thursday
16/12/2010
16:30 Thursday
23/12/2010
5.(1 X Winner) 16:01 Thursday
16/12/2010
16:00 Friday
17/12/2010
Friday
17/12/2010
16:30 Thursday
23/12/2010
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.
1 x Zamel’s Gift Voucher valued at $5000.00.
o Voucher is valid for 6 Months from the date of issue
o The voucher can be redeemed in any of the 96 participating stores across
the following states/ territories: SA / WA / QLD / ACT / TAS / VIC / NSW. Go
to
www.zamels.com.au to find your nearest store.
If the winner is a resident of the NT, Zamel’s will send a catalogue to the
winner and the winner will be able to choose from the catalogue. Zamel’s will
deliver the product/products to the winner. Redemption of prize is subject to
availability at time of redemption. In the event of the winner being a resident
of the NT the Promoter will make all reasonable attempts to supply
product/products as selected by the winner, however in the event that for any
reason whatsoever the product/s is unavailable at the time of redemption, the
Promoter will supply the products in the next style available closest to that
stipulated by the winner.
Total prize pool for each individual draw is valued at $5,000.00 inc. GST. Prize does not
include any ancillary costs associated with redeeming this prize. These are the responsibility
of the winner.
9. All prizes must be taken as offered. The prize, or any unused portion of the prize, is not
transferable or exchangeable and cannot be redeemed as cash. 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. Redemption of the voucher is subject to the
normal business rules and guidelines of the Zamel’s
10. This prize does not include transport to and from the Zamels store. Additional sizing costs,
changes to the settings of the jewelry, postage and handling or any other ancillary costs
associated with redeeming the prize. These are the responsibility of the winner.
11. If a prize winner is under the age of 18 years, the prize will be awarded to the winner’s
nominated parent or legal guardian.
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. In the event that the prize, or part of the prize, is unavailable, the Promoter reserves the
right to substitute the prize or part of the prize in its discretion with an alternative prize or
part of the prize to the same and equal recommended retail value and/or specification
subject to any written directions from the various Lottery Departments.
14. The promoter is neither responsible nor liable for any late lost or misdirected mail (including
but not limited to prizes).
15. The promoter is not responsible nor liable for any prize damaged in transit in the delivery of
their prize.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. The Promoter may conduct such further draws at the same time and place as the original
draw as are necessary at 10am AEST on Monday 21 March 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, their
name will be published in The Australian on Thursday, 24 March 2011.
23. 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 the
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.
24. 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.
25. Entries will not be returned to any entrant. As a condition of entering into this promotion,
each entrant agrees to assign all of their rights, title and interest in and to their entry to the
Promoter. Each entrant warrants to the Promoter that (a) each photograph/ clip/ material /
entry submitted is an original artistic work of the entrant which does not infringe the rights of
any third party, (b) if entering a clip/ photograph/ entry which includes an individual who is
not the entrant, the entrant has obtained permission from the individuals appearing in the
clip (including if the individual is a child – the child’s parent or legal guardian. The entrant
agrees to indemnify the Promoter against all claims and costs by third parties arising from a
breach of the warranty set out in this condition. The promoter is entitled to amend, edit,
select, crop, retouch, add to or delete from any part of the submitted entry and to use any of
the entries submitted for any purposes at its discretion, including for any future promotion,
marketing and publicity purposes.
26. 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.
27. 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; o
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.
28. 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.
29. Authorised under permit numbers: NSW: LTPS/10/10565, ACT: TP10/04840.1
