1. Instructions on "How to Enter" form part of these Terms and Conditions.
2. Participation in this Promotion constitutes acceptance of these Terms and Conditions.
3. Each enterprise carrying on business at each Harvey Norman complex under a name or style including the words “Harvey Norman” or at Harvey Norman PhotoCentre Online, is operated by an independent franchisee (Franchisee) pursuant to a franchise granted by a subsidiary of Harvey Norman Holdings Limited ACN 003 237 545 (Harvey Norman) (Franchisor).
4. The Promotion is open to all residents of Australia aged 18 years and over, who are a parent or legal guardian of a child (aged 0 to 3 years), except employees, officers and immediate families of officers and employees, of the Promoter, Franchisees, the Franchisor, any other organisation associated with this Promotion including their related entities.
5. The Promotion commences at 00:01am AEDST on 16 January 2012 and closes at 23:59pm AEDST 25 March 2012 (“Promotional Period”).
6. For the avoidance of doubt, the entrant is deemed to be the person entering the Promotion and not the child included in the photograph.
7. Entrants must be the parent or legal guardian of a child (aged 0 to 3 years) and have personally taken a photograph of the child in the last 12 months (period) prior to submission of their entry (“Photograph”). When completing an entry form, entrants must include a “caption” (in 25 words or less) that best describes the moment captured in their Photograph.
8. To enter the Promotion, entrants must complete an entry form and submit their entry by any of the following methods:
a) Place their completed entry in an official entry box located at a Harvey Norman PhotoCentre in any Harvey Norman Complex; or
b) Post their completed entry to “Harvey Norman Competition” PO Box 449, Eastern Suburbs MC NSW 2004; or
c) by the entrant registering to become a member of Harvey Norman PhotoCentre Online, or otherwise where the entrant is already a member by logging into the Harvey Norman PhotoCentre Online, and by the entrant uploading a soft copy of their Photograph and following the instructions to send the completed entry electronically to the Promoter (or to www.harveynormanphotos.com.au/photocomp.html)
Entry forms are available from any Harvey Norman PhotoCentre located in a Harvey Norman Complex or are available to download or complete electronically from Harvey Norman PhotoCentre Online at www.harveynormanphotos.com.au.
A completed entry must include a hard copy of their Photograph including the entrants full name written on the back of the Photograph and the photograph must be attached securely to the completed entry form.
9. By submitting their entry into this Promotion an entrant consents to receiving an email from the Promoter regarding a discount offer from Harvey Norman PhotoCentre Online. This offer will be sent to the entrant during the promotional period or after the judging date.
10. If the entrant further indicates its consent on the entry form to receive further information and marketing material from Harvey Norman, the entrant consents to receive this information and marketing material from or on behalf of the Franchisees, the Franchisor or their related entities, unless the entrant opts out by giving notice to the sender.
11. By entering this Promotion, each entrant consents to their entry (including but not limited to their name, their child’s name and their Photograph) being used in any feature created by the Promoter. The Promoter is entitled to use any such feature for any purposes at its discretion, including for any future promotion, marketing and publicity purposes in any form of media. Features may appear in/on the Promoters media and/or on media owned or controlled by Harvey Norman.
12. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, proof of age, 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. Failure by the Promoter to enforce any of its rights at any time does not constitute a waiver of those rights.
13. Entries that are incomplete, indecipherable, illegible, or do not comply with these Terms and Conditions are invalid.
14. Only one (1) entry is permitted per child.
15. This is a game of skill and chance plays no part in determining the winner.
16. Judging of the entries will commence on 28 March 2012 at the Promoter’s premises. The Promotion will be judged by a panel of judges appointed by the Promoter. Each entry will be individually judged based on literary and creative merit and suitability for the Promotion.
Winners will be notified by phone using contact details provided in their entry.
17. It is the responsibility of the winner’s parent/legal guardian to proof their parental status/ legal guardianship at the time of winner notification. In the event that for any reason whatsoever a person/s mistakenly represents themselves to be a winners parent and/or legal guardian, then that person will be liable for all costs associated with relocating and/or re-awarding the prize (including but not limited to and administrative/ legal fees incurred by the Promoter) and may be subject to penalties and/or punishment under other laws of Australia. Where relevant the Promoter is only responsible for ensuring that the prize is awarded to a nominated investor who is either a parent or legal guardian of the nominated child. The Promoter is not responsible for determining any other delivery details or taking direction that relates to any ongoing family law negotiations and/or determinations. These are the responsibility of the respective parent/s and/or legal guardian/s.
18 The best (1) entry as determined by the judges will be deemed the Major Prize winner and will win a single payment of AUD $10,000 deposited directly into a Commonwealth Bank Youthsaver Account issued by the Commonwealth Bank of Australia ABN 48 123 123 124. And a Prize pack valued at $204.75 consisting of a 16 x 16 inch canvas art of the winner’s Photograph provided by Harvey Norman PhotoCentre Online (RRP $89.00), JBY08 Harvey Norman Baby Bath Thermometer (RRP $19.95), JPS07 Harvey Norman family scale with large LCD display measurement from 5kg to 150kg (RRP $39.95),a copy of The Australian Women’s Weekly’s, The Happy Baby Cookbook (RRP $29.95), Healthy Babies: food for healthy babies & toddlers (RRP $12.95) and Fresh Food for Babies & Toddlers (RRP $12.95)
If the winner already has a Youth Saver Account, the $10,000 will be credited to that account nominated by the winner. If the winner does not have a Youth Saver Account, the winner will be required to open one subject to the Commonwealth Bank of Australia's terms and conditions that can be found at http://www.commbank.com.au/personal/accounts/savings-accounts/youthsaver/default.aspx
19. The next best twenty five (25) entries as determined by the judges will be deemed the Runners Up winners and will each receive a Prize pack valued at $204.75. This pack consists of a 16 x 16 inch canvas art of the winner’s Photograph provided by Harvey Norman PhotoCentre Online (RRP $89.00), JBY08 Harvey Norman Baby Bath Thermometer (RRP $19.95), JPS07 Harvey Norman family scale with large LCD display measurement from 5kg to 150kg (RRP $39.95),a copy of The Australian Women’s Weekly’s, The Happy Baby Cookbook (RRP $29.95), Healthy Babies: food for healthy babies & toddlers (RRP $12.95) and Fresh Food for Babies & Toddlers (RRP $12.95).
20. The Promoter is not responsible if the value of the prizes change between the date of publication of these Terms and Conditions and the date the prizes are awarded.
21. All prizes must be taken as offered. The prize, or any unused portion of the prize, is not transferable, exchangeable and cannot be redeemed as cash.
22. The prize is not valid in conjunction with any other offer. The prize is valued in Australian dollars. The Promoter accepts no responsibility for any variation in the prize value. Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize.
23. Products included in prize package (including but not limited to titles, colour, design, sizing, model, finish, style etc) will be determined by the promoter in its complete discretion. All prizes must be taken as offered.
24. Prize is subject to the standard terms and conditions of individual prize and service providers.
25. In the event that for any reason whatsoever the Winner does not take the prize at the time stipulated by the Promoter, then the prize will be forfeited by the Winner and cash will not be awarded in lieu of the prize.
26. In the event that a prize, or part of a prize, is unavailable, the Promoter reserves the right to substitute the prize or part of the prize in its discretion with an alternative prize or part of the prize to the same and equal recommended retail value and/or specification subject to any written directions from the various Lottery Departments.
27. The promoter is neither responsible nor liable for any late lost or misdirected mail (including but not limited to prizes).
28. The Promoter is not responsible nor liable for any prize damaged in transit in the delivery of their prize
29. Where the prize is awarded in the form of a letter, the Promoter will not be liable for any letter that has been lost, stolen, forged, damaged or tampered with in any way. Redemption of letter is subject to the terms and conditions specified on the letter.
30. If this Promotion 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.
31. Except for any liability that cannot be excluded by law, the Promoter, Harvey Norman, their related entities and their officers, employees and agents, exclude 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, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorized 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 Promoters) due to any reason beyond the reasonable control of the Promoters; (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) redemption of the prizes and/or (g) participation in the Promotion.
32. If the Promoter, in its absolute discretion, considers a Photograph is in violation of any laws, the Promoter may report the entrant to the appropriate law enforcement authority and the entrant will have no claim against the Promoter, including for any loss or damage it may suffer as a result.
33. All entries and Photographs submitted become the property of the Promoter. Entries, including hard and soft copies of the Photographs, will not be returned to any entrant. By entering the Promotion each entrant warrants to the Promoter that each entry submitted (including but not limited to Photographs) is an original artistic work of the entrant which does not infringe the rights of any third party. The entrant agrees to indemnify the Promoter, Harvey Norman, their related entities and their officers, employees and agents, against all claims and costs by third parties arising from a breach of the warranty set out in this condition. The entrant grants to the Promoter, and their related entities an irrevocable and unrestricted right to use and publish any of the entries (including but not limited to the Photographs), for any purpose at their discretion and in any manner and/or medium, to alter the Photographs without restriction and to retain all copyright in the Photographs, including (but not limited to) for any future promotion, marketing and publicity purposes.
34. By entering the Promotion, the entrant consents to receipt of any email regarding the competition, and other emails which inform the entrant of the Promoter’s other publications, products, services and events and to promote third party goods and services the Promoter considers the entrant may be interested in receiving.
35. By entering the Promotion, entrants consent to their personal information being used by the Promoter and Harvey Norman or their related entities or on any of their behalf for the purpose of conducting this Promotion and supplying any prizes, notifying the winners, and for any other purpose contemplated by these Terms and Conditions. The Promoter may share the personal details of the entrants with Harvey Norman or their related entities, and the personal details of entrants may be stored in hard and/or soft copy format at the offices of the Promoter, Harvey Norman or their related entities unless the entrant requests for their information to be deleted or destroyed. A request to access, update or correct any information should be directed to the party communicating with the entrant. The collection, use and disclosure of personal information otherwise provided in connection with this Promotion is governed by The Privacy Notice (see contents page of any ACP Magazines magazine title for location in each issue).
36. The Promoter is ACP Magazines Ltd of 54 Park St Sydney NSW 1028. ABN 18 053 273 546.