TERMS AND CONDITIONS
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to NSW and VIC residents aged 18 years or over who are employed by a creative or media agency or are in the marketing role in NSW or VIC for their company. Individuals must obtain the consent of their employer to participate in this promotion.
3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
4. Promotion commences at 9:00am AEST on 14/05/2018 and closes at 5:00pm AEST on 29/06/2018 (“Promotional Period”).
5. To enter, individuals must complete the following steps during the Promotional Period:
- Visit baueradvertising.com.au/heartland-competition and input the requested details including (but not limited to) full name, address, postcode, phone number and email address;
- Upload an interesting photo of themselves and/or a friend (minimum file size 1.5Mb) showing how they escape, connect or have fun with one of the Heartland Brands (being Australian Women’s Weekly, Woman’s Day, NW, OK!, TV Week, Australian Women’s Weekly Food and Take 5); and
- Submit the fully completed online entry form.
If uploading a photograph of their friend, the entrant must have the consent of their friend before they upload the photograph.
6. 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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry processor engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of thepromotion. Errors and omissions may 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
7. Incomplete, indecipherable or illegible entries will be deemed invalid.
8. Multiple entries permitted, subject to the following: (a) each entry must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.
9. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
10. The judging will take place at Bauer Media Australia, 54 Park Street, Sydney NSW 2000 on 02/07/2018 at 4:00pm AEST.The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. The winnerwill be notified by telephone and email. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on the creative merit of the uploaded photo.
11. The Promoter’s decision is final and no correspondence will be entered into.
12. The best valid entryas determined by the judges, will win a trip for two (2) adults to Hobart, Tasmania valued at up to $7,000 depending on date andpoint of departure. Prize includes:
- Two (2) x return economy airfares from winner's nearest capital city to Hobart, Tasmania;
- Return airport to hotel private transfers;
- Two (2) nights twin or double share 5-staraccommodation;
- Two (2) entry passes to MONA; and
- Dinner for two (2) at a restaurant selected by the Promoter to the value of $250.
Spending money, additional meals, insurance, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken by 02/07/2019 and is subject to booking and flight availability. Prize cannot be taken during Australian school holidays, public holidays or other peak periodsincluding Dark Mofo, the Sydney to Hobart yacht race and Taste of Tasmania festival. The winner (and their companion) must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in agreement with the winner but in the event that agreement cannot be reached, the Promoter reserves the right to determine the itinerary. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.
13. If for any reason the winner does not take theprize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
14. Subject to the terms and conditions of the participating prize provider(s), if for any reason the winner does not, once the prize has been booked, take theprize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
15. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion, or suspend or modify a prize.
16. If the prize (or part of theprize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
17. The MONA entry passes are subject to the event venue and entry pass terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
18. Total prize pool value is up to $7,000.
19. Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
20. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) the Content is their original work or they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
21. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
22. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
23. 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, including but not limited to technical difficulties, unauthorised intervention or fraud, 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.
24. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
25. 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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) or similar consumer protection laws in the States 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.
26. 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) taking of the prize.
28. The Promoter is Bauer Media Pty Limited(ABN 18 053 273 546)of54 Park Street, Sydney NSW 2000.
Phone: (02) 8268 8000.