http://channelnine.ninemsn.com.au/section_wide.aspx?sectionid=6678543§ionname=showtopdesign&subsectionid=7802150&subsectionname=hyundai#flashanchor"Win a Hyundai ix35" Top Design Promotion Terms and Conditions
"Win a Hyundai ix35" Top Design Promotion
Terms and Conditions
All information provided in this document form part of the Terms and Conditions for this competition. Participation in this competition is deemed to be acceptance of these Terms and Conditions on the part of the participant.
Entry Instructions
Throughout the 2011 season of Channel Nine's weekly television show, Top Design ("Show"), the Show's contestants will be separated into teams and each team will design a new space ("Designed Spaces") each week, throughout the duration of the eight (
week Show series.
At the conclusion of each week's episode of the Show ("Judging Episode") the Show's judges will select which Designed Space they believe is that week's winning design. An individual from the winning team will be selected by the Show's judges as that week's 'Top Designer'.
To be eligible to enter the draw to win a Hyundai ix35 vehicle ("Competition"), participants must, following a weekly Judging Episode of the Show (and prior to the closing time for that week's round #&151; see Competition Schedule Condition 1.6.1 below), go online to
http://www.ninemsn.com.au/ix35 and follow the prompts to select either "like" or "dislike" in relation to each of the displayed images of that week's Designed Spaces.
Each Designed Space image that is either "liked" or "disliked" by participants, will have been put into a pre-determined category according to the "style, " "adventure" or "technology" of the Designed Space.
After selecting "like" or "dislike" for all of the Designed Space images, entrants will be able to see whether they prefer stylish, adventurous or technologically-savvy designs.
After validly selecting either "like" or "dislike" in relation to each of the Designed Spaces images, participants will then be required to enter the Competition by completing the online entry form with all required details, including name and address, amongst other things.
PRIVACY
Entrant personal information ("PI") will be collected to enable the Promoter to administer and promote this competition and its winner. Entry is conditional on collecting and using this information. Entrants consent to the Promoter using their name, likeness, image, suburb of residence, voice and other PI in the event they are a winner (including photograph, film and/or other recording) in any media for an unlimited period without remuneration for the purpose of marketing, publicity and promoting this competition (including any outcome) and promoting any products manufactured, distributed and/or supplied by the Promoter. The winner also agrees to participate in any other reasonable promotional activities as requested by the Promoter. The Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter. The PI of winners may be provided to third parties, including but not limited to those assisting, prize suppliers and deliverers, agents, contractors, service providers of the Promoter and to authorities that regulate this competition. If an entrant does not truthfully provide or refuses to provide all requested PI, the Promoter may at its absolute discretion determine that they are not eligible to win the prize.
Conditions
1. VARIABLES
WHO MAY ENTER (See Condition 2)
1.1 Residents of: Australia only
1.2 Meet these criteria: Correctly follow the Competition 'Entry Instructions' above
1.3 Minimum age: 18 years
1.4 Excluded entity / entities beyond Promoter and involved agencies: Employees and immediate family members of ninemsn, Nine Entertainment Co. Pty Ltd (ABN: 59 122 205 065 ) and Hyundai Motor Company Australia Pty Ltd (ABN: 58 008 995 588) of Cnr of 394 Lane Cove Road and Hyundai Drive, Macquarie Park NSW 2113 ("Hyundai").
NUMBER OF ENTRIES PER ENTRANT See Condition 6)
1.5 Maximum number of entries per entrant: Entries each week:
Each entrant can enter the Competition a maximum of one (1) time per weekly entry round of the Competition, according to the times and dates specified in the Competition Schedule below (which equates to a maximum of eight ( entries in total).Maximum amount of Competition entries per entrant:
If an entrant validly votes in each of the eight ( weeks of competition that entrant will have a maximum of eight ( entries into the Competition at the conclusion of the Competition.How to Enter (See Entry Instructions above)
1.6 Website
http://www.ninemsn.com.au/ix35DURATION (see Condition 7)
1.6.1 Competition Schedule
Entries Open Entries Close
Episode Number Entry Round Date Time
(approximate times) Date Time
(approximate times)
Ep 3 Week 1 27/7/2011 1930 3/8/2011 1900
Ep 4 Week 2 3/8/2011 1930 10/8/2011 1900
Ep 5 Week 3 10/8/2011 1930 17/8/2011 1900
Ep 6 Week 4 17/8/2011 1930 24/8/2011 1900
Ep 7 Week 5 24/8/2011 1930 31/8/2011 1900
Ep 8 Week 6 31/8/2011 1930 7/9/2011 1930
Ep 9 Week 7 7/9/2011 1930 14/9/2011 1930
Ep 10 Week 8 14/9/2011 1930 20/9/2011 1930
The Opening and Closing times listed in the above Competition Schedule correlate approximately to the scheduled commencement and conclusion of each week's Judging Episode. These times may vary, subject to any broadcaster delays or scheduling changes which are outside the Promoter's control.
In the event that 2011 Top Design television series is cancelled prior to the first Judging Episode, the Competition will be cancelled. In the event that 2011 Top Design television series ceases to be broadcast at some time after the completion of the first Judging Episode, all entries received prior to the cancelled round's scheduled Closing time (as stipulated in the above Competition Schedule) will be entered into the draw. Any entries received following that Closing time will not be included in the Competition.
1.7 Commencement time: 19:30
1.8 Commencement date: 27th July 2011
1.9 Closing time: 19:30 (Sydney time)
DRAW TO DETERMINE WINNERS (See Condition
1.11 Place: Level 7, Tower Building, Australia Square, 264-278 George Street, Sydney NSW 2000
1.12 Time: 10:00am (Sydney time)
1.13 Date: 26th September 2011
PRIZE (See Condition 9)
1.14 Prize, the method by which it is awarded, any additional conditions that apply to the prize, and their individual values There will be one (1) prize winner ("Winner").
The Winner will receive: One (1) x Hyundai ix35 2.4 AWD Highlander Auto (petrol) car (valued at MLP: $35,490) ("Prize").
The Prize also includes the following related on-road costs ("Costs"):
Dealer delivery charges. The Prize will be delivered to the Australian Hyundai dealership closest to the Winner's place of residence, as stated in their entry details. It is the Winner's responsibility to collect the Prize from that dealership; and
Twelve (12) months' of registration, compulsory third-party insurance and other government charges. Registration and compulsory third party insurance will expire 12 months after the registration date.
The value of the Costs depends on the Winner's individual circumstances, but will be awarded at a maximum value of $4,180.
If the Winner expresses a preference for a Metallic Paint finish on the Prize and this option is available, this feature will form part of the Prize, and is valued at approximately $375.
The total MaximumPrize Pool is valued at approximately $40,045.00.
Other Prize Conditions
The Prize, nor any component thereof, cannot be redeemed for cash and is not exchangeable or transferrable (except in accordance with these Terms and Conditions). It is a condition of being awarded the Prize that the Winner must, following Winner Notification and prior to the awarding of the Prize, confirm their full name and address, and provide the Promoter with a copy of their current and valid Australian driver's license.
The Winner must provide all information and sign all documentation necessary to enable the Promoter (or its nominated Dealer) to register the Prize in the Winner's name prior to the Winner's collection of the car from the Hyundai dealership. Receipt of the Prize is subject to the Winner being able to lawfully take possession of the Prize and comply with all registration and compulsory third party insurance requirements of the Australian State/Territory in which the Winner elects to register the Prize. If the Winner is unable to have the car lawfully registered in their name, through any legal incapacity or otherwise, then the Winner may assign the motor vehicle prize to another person (who consents to such assignment) ("Assignee") with legal capacity for the purpose of registration and who possess a current and valid Australian driver's license. The Promoter takes no responsibility for any such arrangements between the Winner and the Assignee.
All optional extras and accessories relating to the car, including but not limited to, comprehensive insurance and any other insurance, fuel, personal costs, any other ancillary or incidental costs related to the Prize or anything else not specifically mentioned in the above Condition 1.14 does not form part of the Prize. Additional insurance, options, accessories, fuel and all other ancillary costs are the responsibility of the Winner. It is a condition of accepting the Prize that the Winner acknowledges that they may incur ongoing costs associated with the Prize which are the entire responsibility of the Winner. The Winner can specify a colour preference for the Prize, but colour selection is subject to availability and remains in the Promoter's sole and absolute discretion.
The Prize will be available for collection by the Winner at the Hyundai Dealership closest to the Winner's place of residence as stated in their entry details. Further details and locations of Hyundai dealerships can be found at URL:
http://www.hyundai.com.au/Subject to availability, delivery of the Prize to the Hyundai Dealership may take up to 8 weeks or longer from the date of Winner Notification specified in Condition 10.
The Promoter accepts no responsibility for any mechanical, body or paint repairs or repairs or maintenance of any kind relating to the Prize after the date and time of prize collection by the Winner.
Any vehicles depicted in any promotional material are not necessarily the same colour or grade as the Prize vehicle, and are for illustration purposes only.
1.15 Maximum total value of all prizes: $40,045.00
WINNER NOTIFICATION (See Condition 11)
1.16 By: Telephone and Email
WINNER PUBLICATION - Print media (See Condition 11)
1.17 Where: The Australian
1.18 Date: 1 November 2011
WINNER PUBLICATION - Website (See Condition 11)
1.19 Web address (URL):
http://www.ninemsn.com.au/ix351.20 First date of publication: 1 November 2011
1.21 Last date of publication: 30 November 2011
UNCLAIMED PRIZE DRAW (See Condition 12)
1.22 Time, Date and Place to be held: At 10:00am on 16th January 2012 at ninemsn Pty Ltd, ABN 33 077 753 461, Level 7, Tower Building, Australia Square, 264-278 George Street, Sydney, NSW 2000
1.23 Where published: The Australian
1.24 Date published: 21st January 2012
PROMOTER (See Condition 21)
1.25 Promoter name and address: Hyundai Motor Company Australia Pty Ltd at Cnr of 394 Lane Cove Road & Hyundai Drive, Macquarie Park NSW 2113 and includes all its employees, officers, successors, assigns and agents.
PERMIT NUMBERS (See Condition 22)
1.26 Permit Numbers:
Authorised under NSW Permit No LTPS/11/
6130
ACT Permit No. TP11/ 2708
VIC Permit No. 11/ 1400
SA T11/ 1397
2. WHO MAY ENTER
The only persons who may enter and be awarded prizes are those who (i) are residents of the place specified in Condition 1.1; (ii) meet the criteria, if any, specified in Condition 1.2; (iii) if an age is specified in Condition 1.3, have attained the age specified in that Condition; (iv) are not (a) employees of, or contractors to, the Promoter or any of its agencies involved with this competition, or of any entity specified in Condition 1.4, or (b) members of the immediate family of any such employees or contractors.
"Immediate family" means spouse, de-facto spouse, natural or step parent, natural or step sibling, and natural or adopted child, whether or not they live in the same household as the employee/contractor.
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will be accepted at the Promoters discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
3. ENTRANTS BOUND BY CONDITIONS
By participating, entrants agree to be bound by these Terms and Conditions.
Subject to applicable law, the Promoter reserves the right at any time to amend these Terms and Conditions, to cancel, terminate, modify and/or suspend the Competition as it determines to be appropriate in the circumstances (Amendments), and the entrants agree to be bound by these Amendments.
5. AUTOMATIC AND NON-PERMITTED ENTRIES
Any entry that is not lodged by the entrant personally, but that is lodged by automatic, repetitive, robotic, programmed or similar entry methods or by agents of the entrant, including the use of a competition entry service, will void all entries by that entrant.
The Promoter may, at its absolute discretion, declare any or all entries made by an entrant invalid if the entrant: (i) fails to establish their entitlement to enter the Competition to the Promoter's satisfaction; or (ii) submits an entry which is not in accordance with these Terms and Conditions.
6. NUMBER OF ENTRIES PER ENTRANT
An entrant may enter no more than the number of times specified in Condition 1.5.
7. DURATION
This competition commences at the Sydney time specified in Condition 1.7 on the date specified in Condition 1.8.
Entries must be received by the Sydney time specified in Condition 1.9 on the date specified in Condition 1.10.
8. DRAW TO DETERMINE WINNER
The draw to determine the Winner will take place at the address specified in Condition 1.11 at the Sydney time specified in Condition 1.12 on the date specified in Condition 1.13.
The Promoter's decisions are final and binding and the Promoter will not enter into any correspondence. All decisions are made at the sole and absolute discretion of the Promoter.
9. PRIZE CONDITIONS
The prize, the method by which it is awarded, any additional conditions that apply to the prize, and its individual value in Australian dollars, are as specified in Condition 1.14. The Promoter takes no responsibility for any variations in prize values.
The maximum total value of all prizes in this competition, in Australian dollars, is as specified in Condition 1.15.
Except with the written consent of the Promoter, prizes are not transferable or exchangeable and non-cash prizes cannot be taken as cash. The Promoter has absolute discretion as to whether it will provide such consent and need not provide any reason to any person for providing or withholding consent.
10. WINNER NOTIFICATION
The Winner will be notified by the means specified in Condition 1.16, using the contact details provided in their entry.
11. WINNER PUBLICATION
The name and suburb of the Winner will be published (i) in the publication specified in Condition 1.17 on the date specified in Condition 1.18, and (ii) on the website specified in Condition 1.19, from the date specified in Condition 1.20 until the date specified in Condition 1.21.
12. UNCLAIMED PRIZES
Subject, where relevant, to any written directions given under the legislation regulating this promotion, if a prize is unclaimed by the winner drawn under Condition 8 within 1 week of the Prize having been delivered to the Hyundai Dealership closest to the Winner's place of residence as stated in their entry details, (i) that winner will forfeit all entitlement to their prize, and (ii) the prize will then be awarded in a further draw to be held at the time, on the date and at the place specified in Condition 1.22. The names and suburbs of the winner in this unclaimed prize draw will be published in the publication specified in Condition 1.23 on the date specified in Condition 1.24.
13. TAXES
Any taxes which may be payable as a consequence of a winner receiving the prize are the sole responsibility of the winner.
14. NO QUALITY, ETC, REPRESENTATIONS
Subject to applicable law, the Promoter makes no representations or warranties as to the quality/suitability/merchantability of any of the goods/services offered as prizes.
15. EXCLUSION OF LIABILITY
Incomplete, indecipherable or illegible entries will be deemed invalid. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence, whether due to error, omission, alteration, tampering, deletion, theft, destruction, communications failure or otherwise. The Promoter is not liable for any consequences of user error including without limitation, costs incurred by any entrant or any other person.
It is the responsibility of the entrant to ensure that his/her contact details are correct and to notify the Promoter of any changes to the contact details prior to the date for announcing winners. The Promoter will not be liable if it cannot contact any winner because of any incorrect contact details provided to it by an entrant. The Promoter has no control over telephone communications, networks or lines and is not liable for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
The Promoter will not be responsible for any act, omission, failure or delay not reasonably within its control.
Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Non Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (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 Terms and Conditions; (e) any tax liability incurred by a winner or entrant; (f) if the Show or any Judging Episode is cancelled for any reason beyond the reasonable control of the Promoter; (g) acceptance or use of the prize by the entrant or any other person; (h) if this promotion is cancelled, suspended, terminated or modified for any reason beyond the reasonable control of the Promoter; (i) participation in this promotion; or (j) inaccurate or incorrect information provided by any person in relation to entry and conduct of this competition.
To the fullest extent permitted by law, any liability of the Promoter or its servant or agents for any breach of the Non Excludable Guarantees or any other law is limited to supply of the prize again or the payment of the cost of having the prize supplied again (at the Promoter's sole discretion).
The winner must sign and return any liability release and indemnity provided by the Promoter and/or its contractors as a condition of a prize being awarded. Failure to return the signed releases and indemnities will result in the entitlement to the prize being forfeited and the selection of another winner.
16. OWNERSHIP OF ENTRIES
All entries become and remain the property of the Promoter.
18. TAMPERING AND OTHER FAILURES
If this competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, computer virus, bugs, tampering, bad weather or other acts of God, unauthorised intervention or fraud, or any other causes beyond the control of the Promoter which corrupts or otherwise affects the administration, security, fairness, integrity or proper conduct of the competition, the Promoter reserves the right, in its sole and absolute discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
29. HEADINGS
The headings in these Terms and Conditions are for convenience only and do not affect interpretation.
20. ENTIRE CONDITIONS
These conditions constitute the entire agreement of the parties relating to the entry into and the conduct of this competition.
21. PROMOTER
The Promoter is the entity specified in Condition 1.25.
22. PERMITS
The permits/licence issued for the conduct of this competition are specified in Condition 1.26.
Australian Competitions Club
