http://www.tvwinners.com.au/Competitions/Competition.aspx?PageId=481
TERMS & CONDITIONSPARTICIPATION
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 chance, and skill 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 16.
and must not be:
c) employees of the Promoter or Paramount Pictures (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 00:01hrs on Sunday 02 January 2011 and closes at 23:59hrs on Saturday 15 January 2011 (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”) and fill in all the required data fields on the entry form; or
b) SMS the word “GLORY” to 1999 1555 (the “SMS NUMBER”).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. Entrants may enter as many times as they like during the Entry Period, however entry via the Website is restricted to 1 entry per person per day.
10. Entrants can enter as many times as they like via SMS entry. 11. 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.
12. SMS entry cost will not exceed $0.55 cents per entry including GST.
13. SMS entries via the internet or computer generation are invalid and will not be accepted.
14. 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.
15. 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 SMS Number. Entrants should check with their individual service provider in this regard.
16. 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.
17. Should an Entrant’s contact details change at any time between the date that they enter the Promotion and Wednesday 27 April 2011 at 09:00hrs, the Entrant must notify the Promoter of their new details immediately.
18. 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.
19. 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.
20. Any entry that is made on behalf of an Entrant by a third party or otherwise by proxy will be invalid.
21. 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 18 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.
WINNER
22. There will be one (1) major prize winner (the “WINNER”) over the entire Entry Period.
23. The Winner will be drawn electronically on Wednesday 19 January 2011 (the “DRAW DATE”) at 10:00hrs by the Promoter at Level 8, 401 Docklands Drive, Docklands, VIC, 3008.
24. The Promoter’s decisions are final and no correspondence will be entered into.
25. The Winner will be notified in writing and/or by telephone within 2 days of the Draw Date. The Winner’s names will be published in The Australian newspaper on Tuesday 25 January 2011.
26. Subject, where relevant, to any directions given under the legislation regulating the Promotion, if any Prize is: (i) not claimed by the Winner within 3 months of the Draw Date; or (ii) forfeited for any reason, the Prize will be awarded to another Entrant in an unclaimed prize draw (the “Unclaimed Prize DRAW”) commencing at 10:00hrs on Wednesday 27 April 2011 by the Promoter at Level 8, 401 Docklands Drive, Docklands, VIC, 3008. The winner of the Unclaimed Prize Draw (also “WINNER”) will be notified in writing and by telephone within 2 days of the Unclaimed Prize Draw. The Winner’s name will be published in The Australian on Tuesday 03 May 2011.
PRIZES
27. The Winner will receive an Optimum Wellbeing 5 night retreat for two people (the “PRIZE”), valued at a maximum of $8,196.00. The Prize includes:
• 2 x adult return economy flights to the Gold Coast, Queensland, Australia, from the Winner’s nearest capital city in Australia (Brisbane, Sydney, Melbourne, Adelaide, Perth, Darwin, Canberra or Hobart);
• 5 nights’ accommodation in a 2 bedroom Orchard Suite room at the Gwingana Lifestyle Retreat (subject to availability);
• All organic meals, snacks and beverages for two people for the duration of the retreat;
• 2 classic massages and 1 facial per person;
• Lifestyle seminars and an organic cooking demonstration for two people;
• All scheduled activities and use of all facilities details of which are provided at www.gwinganna.com;
• 2 x limousine transfer from Gold Coast Airport at set times (subject to availability);
• One copy of “Gwinganna ….from garden to gourmet” recipe book; and
• $100 credit for The Store.
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $8,196.0028. Further details and program dates for Gwinganna Lifestyle Retreat are available online at
www.gwinganna.com?29. All inclusions of the Prize are subject to availability at the time of booking and may not be combined with any other voucher or offer. Bookings must be made at least 45 days in advance. Travel must commence within 6 months from the Draw Date.
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 the Prize will result in an immediate cancellation of the Prize. In the event that for any reason whatsoever the Winner does not take an element of the Prize as arranged at the time of booking then that element of the Prize will be forfeited by the Winner and cash will not be awarded in lieu of that element of the Prize.
31. The Winner’s guest must be at least 16 years of age.
32. The Winner must provide their correct address details to receive the Prize. A gift voucher to be used to receive the Prize will be mailed to the Winner by the Suppliers within 28 days of notification. The Winner must use the gift voucher to confirm travel dates. The Winner must then notify the Suppliers of the confirmed travel dates to receive the Prize. The Promoter does not take any responsibility for delayed delivery of the Prize.
33. All Prize values and components of Prize values are correct as at Wednesday 24 November 2010. Prize values are reflective of the Recommended Retail Price and are in Australian Dollars. All costs and Prize values are subject to change without notice and exclude GST. The Promoter takes no responsibility for any variations in Prize values.
34. 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 Winner.
35. The Winner and their guest are required to obtain relevant and suitable travel insurance at their own expense in order to be able to take the Prize. It is the travellers’ 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.
36. A valid credit card imprint or cash deposit may be required by the Winner and/or the Winner’s travel companion at check-in to the hotel for all incidental charges.
37. The Winner and their travel companion must depart from and return to the same point of departure and travel together.
38. Unless expressly stated all other costs and expenses associated with taking the Prize become the responsibility of the Winner including:
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 Prize);
f) costs associated with inoculations;
g) meals (other than those included in the Prize);
h) all airline taxes;
i) sightseeing or activities (other than those included in the Prize);
j) any additional accommodation;
k) personal spending money; and
l) all other incidental and ancillary costs, incurred by the Winner and/or their travel companion as a direct or indirect result of taking the Prize that are not otherwise stated as included in the Prize.
39. Frequent flyer points cannot be earned on any of the flights included in the Prize.
40. Any changes and/or cancellations to accommodation or flight bookings may be subject to fees.
41. The Promoter makes no representation as to the safety conditions or any other conditions that may exist at any destination.
42. By accepting the prize the Winner agrees with these terms and conditions. The Winner’s travel companion must agree to these Terms and Conditions to be eligible to accompany the Winner on the Prize and the Promoter may require such acceptance in writing in its absolute discretion.
43. The Winner is 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.
44. 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 the Winner or any other party if any Prize (or part of a Prize, if applicable) is unavailable for any reason.
45. The right to receive the Prize is not transferable or exchangeable and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.
46. Unless expressly stated in these Terms and Conditions, all expenses incurred in relation to the enjoyment of the Prize are the responsibility of the Winner.
47. Once the Prize has 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 Prize.
GENERAL
48. 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.
49. 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.
50. 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.
51. 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.
52. 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.
53. 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.
54. 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.
55. All entries become the property of the Promoter.
56. Authorised under permit numbers: NSW: LTPS/10/12039; ACT: TP 10/05386.3; SA: T10/2964; VIC: 10/4363.
PRIVACY
57. 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
