Winners and Losers Promotion
1. STANDARD TERMS
1.1 Information on how to enter forms part of the terms of entry.
1.2 By entering the Winners and Losers Promotion you are agreeing to the following terms and conditions.
2. WHO CAN ENTER?
Entry is open to residents of Victoria only aged 18 years and above. Employees and their immediate families of The Herald & Weekly Times Pty Ltd (“the Promoter”) and their associated agencies and companies, The Seven Network (Operations) Ltd, and MNET Group Limited are not eligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether by natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
3. HOW TO ENTER
3.1 The competition commences on Monday March 28, 2011 at 00:01am, (AEDT) and concludes on Tuesday March 29, 2011 at 23.59pm (AEDT) (“the Competition Period”).
3.2 In order to enter the competition entrants must register their entry by sending a text message/SMS to 1977 3777 and registering their full name and address.
3.3 SMS entrants can register as many times as they like.
3.4 The time of entry for SMS entrants will in each case be the time the SMS is received by the MNET Group Limited database.
3.5 For SMS entrants, each entry must be charged to a mobile account and SMS entries via the internet, computer generation or “scripting” are invalid and will not be accepted.
3.6 Each SMS entry will be charged at premium rate, namely $0.55 (including GST), which covers the entry and the reply message. SMS entrants will receive a reply message to their entry.
3.7 Incomplete, incorrect or incomprehensible details will, at the sole and absolute discretion of the Promoters, invalidate the participant's entry into the Competition.
4. PRIZES
4.1 There will be one (1) major prize winner.
4.2 The prize package consists of:
[ number ] [ full details ] [ Prize Values ]
1 x Major Travel Prize
• Return economy flights to Sydney for four (4) adults
• Two (2) nights accommodation at The Establishment Boutique Hotel (two (2) studio rooms with two (2) adults per room)
• Dinner and drinks at Uccello Restaurant for one (1) night
• Westfield Vouchers
o 1 x voucher for the winner
o 3 x vouchers for each friend (@ $150 each)
• Transfers in Sydney $1,500
$1,500
$600
$500
$450
$300
TOTAL PRIZE VALUE $4,850
Maximum prize value is $4,850 (including GST). Prize values are based upon the recommended retail prices and are correct as at Wednesday March 23 2011. The Promoters accept no responsibility for any change in prize value between that date and the ultimate date on which the prize is taken.
4.3 This prize must be redeemed and travel completed by March 30, 2012.
4.4 Unless expressly stated in these terms and conditions all other expenses become the responsibility of the winner and his/her companions. This includes but is not limited to some meals (unless specified), incidentals, travel insurance, spending money, and activities. The Promoter and Sponsors strongly recommend the winner and his/her companions obtain travel insurance for the entire travel/holiday duration.
4.5 The prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated. The prize is not transferable, not exchangeable, nor redeemable for cash and cannot be on-sold to a third party. There can be no changes made to travel arrangements once tickets are issued. The winners are not entitled to receive any money from any party if there is a difference between the maximum prize value and the actual prize value at the time of the draw. Winners must take the prizes as offered. Prize is non-refundable, and cannot be used in conjunction with any other offer.
4.6 Flights leave from the winner’s capital city Melbourne and the major winner and their travelling companions must travel together on the same flights. Travel arrangements to and from the major winner’s place of residence and the capital city airport do not form part of the prize and are the responsibility of the winner.
4.7 Travel prize is valid for four adults. The Promoters reserve the right to request the winner and their traveling companions to provide proof of age (18 years and over) identification. Identification considered suitable for verification is at the discretion of the Promoters. Prize travel is subject to availability at the time of booking. Travel restrictions and blackout dates apply. Prizes cannot be taken during school holidays or public holidays – blackouts apply across December, January and Easter.
4.8 The accommodation type offered is specified in clause 4.2 and must be taken in consecutive nights stay.
4.9 The Promoters reserve the right to refuse to allow a winner to take part in any of all aspects of the prize, if the promoter or prize supplier determines, in their absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the prize. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the promoter in its absolute discretion.
4.10 In participating in the prize, the winner agrees to participate and co-operate as required in all Herald Sun editorial activities relating to the promotion, including but not limited to being interviewed and photographed. The winner grants the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide and the winners will not be entitled to any fee for such use. The winners agree they will not (and will ensure that their companions do not) sell or otherwise provide their story and/or photographs to any media or other organisation.
4.11 Compliance with any health or other government requirements is the responsibility of the prize winner and their travelling companions. It is the responsibility of the prize winner to enquire about local issues and conditions at destinations prior to travel. The Promoter makes no representation as to the safety, conditions or other issues that may exist at any destination.
4.12 Full details of prizes can be obtained by telephoning the Seven Network in Melbourne 03 9697 7777.
5. HOW TO WIN
5.1 Each entrant who has entered the Competition over the Competition Period and who has validly registered all their contact details in accordance with clause 3 of these terms and conditions (“Qualifying Entrant”) will be entered into the draw. There will be one winner drawn randomly from the national pool of Qualifying Entrants.
5.2 The major draw will take place at MNET Group Limited, Level 2, 8 Leigh Street Adelaide SA 5000, on Wednesday March 30 2011 at 10:00 AEDT.
5.3 The major winner will be notified by a telephone call, and a letter advising the winner of their prize will also be express posted. The winner’s details will be published in the Public Notices section of the Herald Sun on Monday April 4 2011.
5.4 The Promoters may in their absolute discretion deem the “winning” entry invalid subsequently to the Winner being notified or the Winner’s name being announced if it is discovered that the winner did not enter the Competition in accordance with these terms and conditions. In these circumstances, an additional draw will be conducted. The Promoters decision is final and the Promoters will not enter into correspondence regarding the result.
5.5 It is a condition of accepting the prize that the winner (and their companions) must comply with all the conditions of use of the prize and prize supplier’s requirements.
5.7 Subject to state government legislation an unclaimed prize draw will take place at MNET Group Limited, Level 2, 8 Leigh Street, Adelaide, SA, 5000 on Tuesday July 5 2011 at 11:00 AEDT and winners will be notified by mail and the winner’s name will be published in the Public Notices section of The Australian newspaper on Monday July 11 2011.
6. NO LIABILITY
6.1 In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoters ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to State Legislation.
6.2 The Promoters and their associated agencies and companies will take no responsibility for the prize being damaged or lost in transit, or late, lost or misdirected mail.
6.3 The Promoters and their associated agencies and companies will not be liable for any misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur:
a) during the draw;
b) whilst undertaking any travel won on or connected with their entry into the draw; or
c) in the participation in any prize;
d) as a consequence of late, lost or misdirected mail;
e) due to the broadcast of any program relating to the competition or the publication of any material, including any statements made by any staff member, journalist, other entrants or any other person;
f) in relation to failure of an online entry to be received by the Promoter on account of technical problems or traffic congestion;
g) arising from or related to any problem or technical malfunction of any telephone or internet network or lines or mobile communications network or website related to or resulting from participation in this promotion; or
h) due to circumstances outside the Promoter’s reasonable control.
The Promoters do not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, the Promoter excludes all rights, remedies, conditions and warranties in respect of goods or services from your use of this site, your entry into this competition or your enjoyment of the prize whether based in statute, common law or otherwise to the extent permitted by law.
To the extent permitted by law, the winning entrant and their companion must exclude, release and forever discharge the Promoters, and all other persons involved in the conduct, promotion and organisation of this promotion, and their respective employees, officers, agents and contractors from all liability for claims, loss, damage, cost or expenses (whether arising under statute, from negligence, personal injury, death, property damage, infringement of third party rights or otherwise) arising from or in connection with the participation in the prize or otherwise howsoever arising.
6.4 The Promoters and their affiliates assume no responsibility 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, and reserves the right to take any action that may be available.
6.5 If, for any reason, this competition is not capable of being conducted as planned, including, but not limited, due to tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoters which corrupt or affect the administration security, fairness, integrity or proper conduct of this competition, the Promoters reserve the right, in their sole discretion, to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to State Legislation.
6.6 The winning entrant and their companion acknowledge that he or she participates in the prize at his or her own risk. If a winning entrant becomes aware of any medical condition or impairment that will be detrimental to their health if they participate in the prize they must withdraw from the prize. The Promoter reserves the right to deem that a winning entrant or their companion is not sufficiently healthy or fit to participate in the prize.
7. PROMOTER’S DETAILS
The Promoters are the Herald and Weekly Times Pty Ltd, ABN 49 004 113 937, of HWT Tower, 40 City Road, Southbank VIC 3006 and The Seven Network (Operations) Ltd, ABN 65 052 845 262, of 160 Harbour Esplanade, Docklands, VIC 3008.
8. TAX STATEMENT
The Promoters accept no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this competition results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office's stated view that where the parties are at arm's length, goods and services exchanged are of equal GST inclusive market value.
9. PRIVACY POLICY
9.1 The Herald & Weekly Times' use of your personal information is subject to The Herald & Weekly Times' privacy policy which is available from
http://www.news.com.au/heraldsun/privacy. You can gain access to your personal information held by The Herald & Weekly Times by contacting The Herald & Weekly Times’ privacy officer at
privacy@hwt.newsltd.com.au. The Seven Network (Operations) Ltd’s use of your personal information is subject to The Herald & Weekly Times' privacy policy which is available from
http://info.yahoo.com/privacy/au/yahoo/.
Australian Competitions Club
