Terms and Conditions
DOLLY – Instagram Competition - Mad Love Sleepover
CONDITIONS OF ENTRY
1. Instructions on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. All entrants must have parental or legal guardian permission to have and/or participate in the sleepover between 30th September 2016 to 3rd October 2016 (9:00am AEDST).
3. The entrant will be solely responsible for their own entry and the consequences of submitting them. The entrant represents and warrants that: They have the written consent, release, and/or permission of each and every identifiable individual person in the entry (including if the individual is a child – the child’s parent or legal guardian) to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the entry in the manner contemplated by these Terms and Conditions.
4. Entry is open to residents of Australia, aged 13 years and over, who has a public Instagram account. Entrants under the age of 18 years must have parent or legal guardian permission to enter. Employees of the Promoter, associated agencies and their immediate families, are not eligible to enter.
5. Only one entry per person will be permitted. In the event, multiple individuals at the same sleepover enter the competition; each entry must be substantially unique and submitted separately in accordance to clause 7. For the removal of doubt the winner will be deemed by the owner/name of the Instagram account and not the host of sleepover (in the winning entry/entrant is a guest attending).
6. The promotional period commences on 30th September, 2016 and closes at 09:00am (AEDST) on 3rd October, 2016. The judging will be done by a panel of judges appointed by the Promoter. The judging will take place at Bauer Media, 54 Park Street Sydney NSW 2000 on 4th October 2016. The judges will determine the best five (5) entries to be submitted to Katy Perry for judging to pick the major prize winner. The Promoter will notify the major prize winner by commenting on the entrant’s post. The winner must follow the instructions within that comment to contact the Promoter to redeem their prize.
7. To enter, individuals must host their own sleep over at their home during the promotional period and take a photograph of their friends (guests who are attending the sleepover) and themselves at the sleepover and then upload the photograph to their Instagram account and hashtag #DollyMadLoveSleepover on the photograph.
8. The choice of colour, black and white and filter of the image is at the discretion of the entrant. No responsibility will be taken by the promoter in the event that the original entry (including but not limited to the submitted photograph) is lost or damaged in editing or during the process of submission. In addition to other requirements in these Conditions of Entry, entries must not contain anything unlawful, misleading, discriminatory or defamatory; not contain content that is otherwise inappropriate; and not bully, intimidate or harass.
9. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram.
10. The photograph must not be, without limitation:
n) racially or ethnically offensive;
o) capable of encouraging of conduct that would be considered a criminal offence;
p) capable of violating any law;
q) capable of giving rise to civil liability.
11. The entrant must not engage in any illegal or unsafe behaviour whilst participating or taking the entry (photograph). To the extent allowable by law, the Promoter and its partners exclude any legal liability or responsibility for legal or otherwise incidents or activities engaged in by the entrant or any person during participation in the entry (photograph).
12. This is a game of skill, chance plays no part in determining the winner. Each entry will be individually judged based on its creativity, originality merit and suitability to the promotion. The judges’ decision in relation to any aspect of the competition will be final and binding on every person who enters. No correspondence will be entered into.
13. By submitting an entry in the Competition, all Entrants warrant to the Promoter that each visual entry media submitted is an original artistic work of the entrant which does not infringe the rights of any third party. The entrant agrees to indemnify the Promoters against all claims and costs by third parties arising from a breach of the warranty set out in this condition.
14. All entry media submitted becomes the property of Bauer Media (Promoter). As a condition of entering into this promotion, each entrant agrees to assign all of their rights, title and interest (including copyright) in and to their entries to the Bauer Media Pty Ltd.
15. The promoter will not be liable for any breach of copyright. The entrant will be solely responsible for their own entry and the consequences of submitting them. The entrant represents and warrants that:
Their entry is their own and:
a) They own or have all necessary licences, rights, consents and permissions to use and authorize the promoter to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all entries to enable inclusion and use of the entries in the manner contemplated by these terms and conditions; and
16. All decisions relating to the conduct of the Bauer Media Pty Ltd and Promotion, including, but not limited to, the selection of any and all parts of an entry to be publish, and the awarding of prizes, are at the sole and exclusive discretion of Promoter and are final and not subject to appeal. The judge’s decision in relation to any aspect of the promotion is final and binding on every person who enters. No correspondence will be entered into.
17. The Promoter is entitled to use any of the entries submitted in any manner and for any purpose at its absolute discretion, including using the entries for future promoter’s or their agents book publications, promotional, marketing and publicity purposes without any further reference or payment or other compensation to the entrant. The promoter is entitled to amend, edit, select, crop, retouch, add to or delete from any part of the submitted entry.
18. Entries must not be offensive, defamatory or racist. Any entry which the judges deem inappropriate will be invalid. The entrant agrees to indemnify the Promoter.
19. 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 Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
20. The best (1) entry as determined by the judges will be deemed the major prize winner and will win the following prize:
- One (1) x signed bottle of Katy Perry Mad Love (100mL) valued at up to $250
- One (1) x Katy Perry signed Poster valued at up to $150
The Total prize pool is valued at up to $400 (including GST). Any ancillary costs associated with redeeming the prize are not included. These are the responsibility of the winner.
21. Prize must be taken as offered. The prize, or any unused portion of the prize, is not exchangeable or cannot be redeemed as cash. The prize cannot be used in conjunction with any other special offer. The prize is valued in Australian dollars. The Promoter accepts no responsibility for any variation in the prize value. Prize winner is advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize.
22. The prize does not include any installation or set-up of any of the products.
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. The prize will be delivered to the nominated address of the Prize winner. Delivery of the Prize is valid to any state and/or city in Australia.
25. If the winner is under the age of 18 years, the prize will be awarded to the winner’s parent or legal guardian on behalf of the winner. It is the responsibility of the winner’s parent/legal guardian to prove 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 fees incurred by the Promoter). Where relevant, the Promoter is only responsible for ensuring that the prize is awarded to a person who is either a parent or legal guardian of the winner. 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 winner and their respective parent/s and/or legal guardian/s.
26. Prize is subject to the standard terms and conditions of individual prize and service providers.
27. 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.
28. 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.
29. The promoter is neither responsible nor liable for any late lost or misdirected mail (including but not limited to prizes).
30. The Promoter is not responsible nor liable for any prize damaged in transit in the delivery of their prize.
31. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
32. In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including but not limited to natural disaster)the Promoter reserves the right to subject to reference to all relevant state and territory rules and regulations, to cancel, terminate, modify or suspend the promotion.
33. If a medical circumstance in some way restricts your ability to enter the competition through the required mechanic, you are still eligible to enter however you must briefly state your circumstances upon entry.
34. If your entry is selected as a winning entry, validation of your circumstances/ the validity of your entry will be undertaken by the Promoter. Method of validation (without limitation) will be determined by the Promoter in its complete discretion. If the winning entry is deemed to be a winner, the winner will be notified as per the terms and conditions herein. In the event that the Promoter requests the entrant to sign any legal documents relating to the verification of their medical circumstance, the legal documents will take the form determined by the Promoter. It is a condition of accepting the prize the winner sign any such legal documentation.
35. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“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) 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.
36. 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:
(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; or (f) use of the prize.
37. 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
39. The Promoter is Bauer Media Pty Ltd (ABN 18 053 273 546) of 54 – 58 Park Street, Sydney, NSW 2000. Phone: 02 9282 8000.