Sunday Magazine
The Best Exotic Marigold Hotel Promotion
TERMS AND CONDITIONS
By entering the ‘Sunday Magazine The Best Exotic Marigold Hotel Promotion’, you are agreeing to the following terms and conditions:
1. STANDARD TERMS
1.1 Information on how to enter forms part of the terms of entry. Entry into the promotion is deemed acceptance of these conditions of entry.
2. WHO CAN ENTER
2.1 Subject to clauses 2.2 and 2.3 entry is open to residents of Victoria 18 years or older only.
2.2 Directors, management, employees and their immediate families of the Herald and Weekly Times Pty Ltd, 20th Century Fox and their associated agencies and companies are not eligible to enter. Immediate family means any of the following: spouse, ex-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 Sunday September 16, 2012 at 00:01 (AEST) and concludes on Sunday September 23, 2012 at 23:59 (AEST) (‘the Competition Period’).
3.2 To enter the competition, readers must SMS their full name, address, with postcode and state to 1970 0498. SMS cost $0.55 (including GST).
3.3 The SMS entry mechanic is only open to readers with an 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. For SMS help call 1300 131 276.3.4 SMS entries via internet or computer generation are invalid and will not be accepted.
3.5 The time of entry will, in each case, be the time that the call or SMS is received by Salmat IDR Pty Ltd.
3.6 The Promoter, its agents, affiliates or representatives will not be liable for any lost, late or misdirected entries.
4. HOW TO WIN
4.1 Each entrant who has entered the competition over the Competition Period and registered all details in accordance with all clauses in section 2 and 3 will be entered into the prize draw. The draw will take place at Salmat IDR Level 2, 116 Miller Street North Sydney NSW 2060 on Monday September 24, 2012 at 10:00 (AEST).
4.2 The major prize winner will be the first entry randomly selected from all valid entries received over the Competition Period.
4.3 The major prize winner will be notified by phone call and in writing within 5 days of the draw. The winner will also have their name published in the Sunday Herald Sun Public Notices on Sunday September 30, 2012.
4.4 The Promoter’s decision in relation to any aspects of the competition is final and the Promoter will not enter into any correspondence regarding the result.
4.5 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 their absolute discretion.
4.6 Entries not completed in accordance with these terms and conditions will not be considered valid and will not be included in the draw. Indecipherable or incomplete entries will be deemed invalid.
4.7 The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity in order to claim the prize. 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, the winner will forfeit the prize in whole and no substitute will be offered.
4.8 The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of the Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these terms and conditions of entry, or who has, in the opinion of the Promoter, engaged in conduct in entering the promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the promotion and/or Promoter. The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
4.9 Subject to any written directions given by the relevant state permit regulatory authorities, an unclaimed prize draw will take place at Salmat IDR Level 2, 116 Miller Street North Sydney NSW 2060 on Monday December 17, 2012 at 10:00 (AEDT) and the winner will be notified in writing within five days of the draw and published in the Sunday Herald Sun Public Notices on Sunday December 23, 2012.
5. PRIZES
5.1 One (1) major prize winner will receive:
-An 11 day Insights Vacation Essence of India Tour with Spiritual Divine Extension for two people valued at $6848 -
http://www.insightvacations.com/au/essence-of-india-with-spiritual-divine-extension-2012-Return economy airfares for two from Melbourne to Indira Gandhi, valued at $2698
-Two copies of The Best Exotic Marigold Hotel on Blu-ray valued at $39.95.
Total Prize Valued at AUD $ $9625.90 (Incl GST).
5.2 The Essence of India with Spiritual Divine option is valid for departures until 30 March 2013 and is non-transferable and non-redeemable for cash. Travel restrictions apply during certain periods.
5.3 Prize is subject to tour availability and conditions as listed. Savings and Discounts are not applicable on this tour.
5.4 Prize is for two people based on twin share accommodation. Single Supplements apply.
5.5 Prize winners are subject to Insight Vacations normal booking conditions detailed in the back of Insight Vacations 2012/13 India & Nepal brochure. Children under 5 years of age are not accepted on any Insight Vacations escorted tour.
5.6 If unforeseen circumstances, beyond Insight Vacations’ control require a change in the holiday destination, departures or any part of the itinerary, Insight Vacations will provide an alternative holiday of equal value at our discretion.
5.7 All other incidental costs unless otherwise stated, including any costs related to passports, taxes (other than departure taxes), visas, meals, (other than as listed on the brochure page as included in the tour), beverages, optional excursions whilst on tour, transfers to and from departure points, additional accommodation and insurances will be the sole responsibility of the winner.
5.8 Insight Vacations highly recommend that the prize winner purchases adequate travel insurance from a reputable travel insurance provider prior to their departure from Australia.
5.9 Return Economy airfares is based on Singapore Airlines and valid for travel September 24, 2012 – November 30, 2012 and February 1, 2013 – March 31, 2013 exiting Melbourne airport. Airfares outside these travel dates are available for an additional cost.
5.10 Blackout periods apply and will be subject to seat availability at the time of booking.
5.11 Prize values are based on the recommended retail prices at the time of printing and may vary depending on the exchange rate at the time of redemption. The Promoter accepts no responsibility for changes in prize value between now and the ultimate prize redemption date.
5.12 It is the responsibility of the major winner and their guest to ensure that they have valid documentation, including but not limited to valid passports and visas 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 travellers.
5.13 Prizes are not redeemable for cash or for any other products or services. The Prizes can only be redeemed for travel products and services as described in term 5.1.
5.14 Prize is subject to suppliers booking conditions and availability. Additional spending money, meals, insurance, passports, visas, travel to and from departure point, and all other ancillary costs are the responsibility of the winner and their guest.
5.15 Prizes must be taken as offered and are not transferable, exchangeable or redeemable for cash. The Promoters strongly recommend travel insurance valid for the entire duration of your holiday, to protect against the additional costs incurred in the event of unforeseen circumstances, and this is not part of or included in the Prize. The Promoters and suppliers are not liable for any costs incurred if the winner or their companion/s travel without insurance. A credit card imprint or cash deposit may be required from the Winner
at check-in to the hotel, for all incidental charges.
5.16 The prize does not cover any expenses for flights to Melbourne.
5.17 The major prize winner and their guest must travel together on the same flight as each other to their destination and must share the same itinerary. All components of the major prize must be taken together.
5.18 The major prize winner and their guest will not accrue any frequent flyer points from taking this prize.
5.19 Once booked, any changes made may incur a cancellation or amendment fee at the cost of the major prize winner.
5.20 All additional costs incurred, whereby the major prize winner wishes to make variations to the travel are the winner’s responsibility and cost and must be booked separately by the winner. Travel variations include, but are not limited to, extension of travel duration, travellers outside the age restrictions and additional travellers.
5.21 The major prize winner and their guest will be subject to, and must abide by the terms and conditions the airline and hotels. Any breaches of such terms and conditions may affect the ability to receive benefits of the prize. In that case, such benefits will be forfeited.
5.22 The Promoter makes no representation as to the safety, conditions or other issues that may exist at any destination. It is the travellers’ responsibility to enquire about local issues and conditions at the destination before travel. International advice can be obtained from various sources including local government, local consular offices and the website of the Australian Department of Foreign Affairs and Trade. Compliance with any health or other government requirements is the responsibility of the winner.
5.23 In the event that the winner does not take the prize in the time stipulated, then the prize will be forfeited by the winner and cash will not be awarded in lieu of the prize. Prizes must be taken as offered and cannot be varied. Any unused portion of the prize is not-transferable, non-refundable and non-redeemable for other goods or services and cannot be taken as cash.
5.24 Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.
5.25 If for any reason a prize or part of a prize becomes unavailable the Promoter will endeavour to provide a substitute prize of equal value.
5.26 In participating in the prizes, the winner agrees to participate and co-operate as required in all 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 winner (and their guest) will not be entitled to any fee for such use.
5.27 The winner agrees that they will not sell or otherwise provide their story and/or photographs to any media or other organisation.
5.28 The winner must, on request by the Promoter, be able to provide evidence which, to the reasonable satisfaction of the Promoter, demonstrates that the winner is an eligible entrant (as per sections 2 and 3) and has complied with these terms and conditions.
6. NO LIABILITY
6.1 The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. Neither is the Promoter responsible for any incorrect or inaccurate information, either caused by the entrant or any of the equipment or programming associated with, or utilised in this competition, or for any technical error, or 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 failure, theft or destruction or unauthorised access to, or alteration of, entries.
6.2 If for any reason, this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, 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 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 any written directions given under State Legislation.
6.3 Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) exclude all liability (including negligence) for any personal injury, loss or damage (including loss or 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 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) the broadcast of any program relating to the competition or the publication of any material, including statements made by any compere, staff member, journalist, other entrants or any other person; and/or
g) participation in the prize.
6.4 Once prizes have left the Promoter’s premises, the Promoter and their associated agencies take no responsibility for prizes damaged, delayed or lost in transit.
6.5 The Promoter reserves the right, in their sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or 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.
6.6 The prize winner and their companions 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. PRIVACY CONSENT
7.1 To provide you with this promotion, the Promoter needs to collect personal information about you. If you do not provide the information requested, the Promoter may not be able to provide you with the promotion entry.
7.2 Each entrant agrees, that subject to the Privacy Act, the Promoter or its agents may do the following: transfer personal information confidentially to the Promoter or other organisations that provide services in relation to this promotion; disclose personal information to State and Territory lottery departments; publish the winners’ names as required under applicable law; and/or use the prize winners’ personal information in any media for publicity purposes associated with the promotion without any further payment or other compensation, unless the prize winner otherwise notifies the Promoters at the time of accepting the prize.
7.3 Entry details remain the property of the Promoters, and their related entities and are collecting the entrant's personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners). The entrant may request access to his or her personal information by writing to The Herald and Weekly Times Pty Ltd Privacy Officer by email at privacy@hwt.newsltd.com.au (VIC) or by mail: PO Box 14999 Melbourne 8001
8. PROMOTER’S DETAILS
8.1 The Promoter is the Herald and Weekly Times Pty Ltd (ABN 49 004 113 937) of HWT Tower, 40 City Road, Southbank VIC 3006.
8.2 VIC permit number: 12/2365
Australian Competitions Club
