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Terms and Conditions
AUSTRALIAN PRIZE GIVEAWAY
CONDITIONS OF ENTRY
1. Information on how to enter, mechanics of how to enter and prizes form part of these Conditions of Entry. Entry into this promotion is deemed acceptance of these Conditions of Entry by each Entrant. Entry is via the Internet only, via any one (1) or more of the Promoter’s websites as advertised for a relevant promotion, or any other online platform, as advertised for a relevant promotion (each, the Promotional Website).
2. Blanket period commences at 12:01am (AEST) 10th September 2011 and closes at 11:59pm (AEDT) 9th September 2012. The start, finish and draw date and time will be as advertised on the Promotional Website. The draws will take place at Rock Live Pty Ltd, Suite 402, 275 Alfred Street, North Sydney NSW 2060. The winner/s for each draw will be notified in writing. Winners will have their names and localities published in The Australian within seven (7) days of the relevant draw as follows: NSW winners for prizes greater than $500.00 and VIC winners for prizes greater than $250.00. All reasonable steps to notify winners will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into.
3. Entry is open to residents of Australia aged 18 years or older (Entrants). The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion.
4. To enter an advertised promotion, Entrants must, during the promotional period for that promotion, fully and correctly complete and successfully submit the online entry form via the Promotional Website, in the manner required as advertised for the relevant promotion. Entrants will be required to provide all mandatory information required for an advertised promotion they enter in order to complete their entry. Such information may include, but is not limited to, the Entrant’s name, address, current and valid email address and telephone number.
5. Multiple entries accepted however each Entrant may only submit a maximum of ten (10) entries for each promotion, and each entry must independently comply with these Conditions of Entry. Internet entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries. Entries must be received by the Promoter during the promotional period for an advertised promotion.
6. Up to the amount of eligible entries (as advertised for a relevant promotion) will be drawn from all entries received in each advertised promotion, and each will win one (1) prize pack containing the prizes as advertised for a given promotion. Prize packs will contain prizes that may include a combination of one (1) or more of the following prize types: vouchers, subscriptions, clothing, accessories, footwear, perfume, cosmetics, personal items, toys and consumer goods. Prize pack value for a promotion will be as advertised. Each prize pack may be valued at up to $1,000.00. For each promotion, the total prize value of all prize packs awarded will not exceed $5,000.00.
7. Vouchers, tickets and subscriptions offered as part of a prize pack (if any) are subject to prevailing terms and conditions of use including expiration dates and are not replaceable if lost.
8. Prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). Prizes must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price including GST.
9. Any costs associated with accessing the Promotional Website remain the responsibility of each Entrant and may vary depending on the Internet service provider used. Any contact details entered incorrectly on the Promotional Website by an Entrant will deem an entry invalid.
10. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim a prize and any information submitted by the Entrant in entering the promotion, before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or entry has not been verified or validated to the Promoter’s satisfaction then all the entries of that Entrant will be ineligible and deemed invalid.
11. An unclaimed prize draw will take place no earlier than three months and one day after the original draw date of each promotion’s draw for any unclaimed prizes and will take place at the same time and place as the original draw, subject to any written directions given under applicable State or Territory legislation. Winners in any unclaimed prize draw will be notified in writing. Winners will have their names and localities published in The Australian within seven (7) days of the relevant unclaimed prize draw as follows: NSW winners for prizes greater than $500.00 and VIC winners for prizes greater than $250.00.
12. The Promoter reserves the right to verify the validity of any and all entries and reserves the right to disqualify any Entrant for: (a) tampering with the entry process; (b) submitting an entry which is not in accordance with these Conditions of Entry; or (c) if the Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
13. A prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
14. The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.
15. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Promotional Website or the information on the Promotional Website, or to otherwise undermine the legitimate operation of this promotion 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. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
16. If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu, subject to any written directions made under applicable State or Territory legislation.
17. The Promoter and its associated agencies and companies shall not be liable for any loss (including, without limitation, indirect or consequential loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person's negligence) in connection with using any prize, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). The Promoter and its agents associated with this promotion take no responsibility for a prize (or part of a prize) damaged or lost in transit (if relevant). All warranty claims in regards to a prize should be directed to the applicable manufacturer and not the Promoter.
18. The Promoter and its associated agencies and companies are not responsible for any problems, delays or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a network or a mobile network or any combination thereof, or any other technical failures including any damage to entrant's or any other person's mobile handset, computer or peripherals related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion.
19. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter including but without limitation technical malfunctions or failures.
20. If for any reason this promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any other causes beyond the reasonable control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion, and/or if necessary to provide an alternative prize or prizes to the same value as an original prize or prizes, subject to any written directions under applicable State or Territory legislation.
21. As a condition of entering this promotion, an Entrant consents to, in the event they are a winner, the Promoter using the Entrant’s name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that, in the event they are a winner, the Entrant will participate in all reasonable promoted activities in relation to the Promotion as requested by the Promoter and its agents.
22. An entry and any copyright subsisting in an entry irrevocably becomes, at time of entry, the property of the Promoter. The Promoter collects personal information about an Entrant to include the Entrant in the promotion and, where appropriate, award prizes. If the personal information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible.
23. An Entrant also agrees that the Promoter may, in the event the Entrant is a winner, publish or cause to be published the Entrant winner’s name and locality in any media, as required under the relevant State or Territory lottery legislation. An Entrant can gain access to, update or correct any personal information held by the Promoter by contacting the Promoter’s Privacy Officer at: Suite 402, 275 Alfred Street North Sydney 2060. All personal information will be stored at the office of the Promoter. A copy of the Promoter’s Privacy Policy in relation to the treatment of personal information collected may be obtained by contacting the Promoter.
24. By participating in the promotion, an Entrant also acknowledges that a further primary purpose for collection of the Entrant’s personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact the Entrant in the future with coupon codes or special offers or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. Where an Entrant ‘opts-in’ on the online entry form to receive communications from any of the Promoter’s Australian related companies or promotional partners, the Entrant acknowledges that the Promoter may share their information with the Australian related companies or promotional partners selected by the Entrant who may then also contact the Entrant with special offers in this way. By entering the promotion, an Entrant acknowledges and agrees that the Promoter may use the Entrant’s personal information in the manner set out in this condition.
25. Promoter: Rock Live Pty Ltd, Suite 402, 275 Alfred Street North Sydney 2060. ABN: 85 139 261 822.
NSW Permit No. LTPM/11/00745. ACT Permit No. TP 11/03579.
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