Take 5 Issue 14, 2018, “Win a fridge full of chocolate” Promotion
TERMS AND CONDITIONS
1. Information on how to enter and prizes forms part of these terms and conditions. By participating in the Promotion, you agree to be bound by these terms and conditions.
2. The promotion commences on 29th March 2018 and ends with last mail received 13th April 2018 (“Promotional Period”).
3. If you are under the age of 18 years, you must have the prior consent of your parent or legal guardian to enter. Entry is open to Australian residents who purchase or are a subscriber (and receive as part of their subscription) Take 5 magazine Issue 14. Employees of the Promoter and their immediate family and other persons associated with the Promotion are ineligible to enter.
4. To enter, during the Promotional Period, you must purchase or subscribe to Issue 14 of Take 5 magazine and submit at least one photo with a caption detailing who is in the photo, their ages and where and when it was taken. You can also include why the photo means a lot to you or how it makes you feel, if relevant. You must provide a caption for each photo you submit. You must include your full name, mailing address, daytime telephone number and then either post your entry to Take 5 Fridge Full of Chocolate comp, GPO Box 3525, Sydney NSW 2001 or email your entry to Take5@bauer-media.com.au with the subject line “Take 5 Fridge Full of Chocolate comp”, including your full name, mailing address and telephone number.
5. Multiple entries are permitted, subject to each entry being submitted separately and in accordance with the entry requirements.
6. An entry must not be: (a) late; (b) incomplete; (c) indecipherable; (d) incomprehensible; (e) illegible; (f) unlawful; (g) obscene; (h) defamatory; (i) discriminatory; (j) threatening; (k) pornographic; (l) harassing; (m) hateful; (n) racially or ethnically offensive; (o) capable of encouraging of conduct that would be considered a criminal offence; (p) capable of violating any law; or (q) capable of giving rise to civil liability. Any such entry will be ineligible and will be discarded. Any entry that the judges deem otherwise inappropriate will be ineligible and will be discarded.
7. 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. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
8. The Promoter is not responsible or liable for late, lost or misdirected mail enclosing an entry, or an entry not being received by the Promoter for any reason whatsoever.
9. Any costs associated with entering the Promotion, including data costs, are the entrant’s responsibility.
10. You must not engage in any illegal or unsafe behaviour whilst participating in the Promotion (including while taking the entry photograph). To the extent permitted by law, the Promoter and its partners exclude any legal liability or responsibility for incidents or activities, whether legal or otherwise, engaged in by you or any other person during participation in the Promotion (including while taking the entry photograph).
11. You should not send in original versions of photos, as entries will not be returned. No responsibility will be taken by the Promoter if an original photo is lost or damaged.
12. The Promotion is a game of skill; chance plays no part in determining the winner. Each entry will be individually judged based on its artistic and creative merit. The judges’ decision will be final and binding on every person who enters. No correspondence will be entered into.
13. All decisions relating to the conduct of the Promotion, including, but not limited to, the selection of any and all parts of an entry to be published, and the awarding of prizes, are at the sole and exclusive discretion of Promoter and are final and binding on every person who enters. No correspondence will be entered into.
14. Failure to comply with these terms and conditions or any other applicable terms may result in disqualification and/or forfeiture of prizes at the Promoter’s sole discretion.
15. You warrant to the Promoter that your entry is an original work that does not infringe the rights of any person. You warrant that you own or have all necessary licences, rights, consents and permissions to use and authorize the Promoter to use all trademark, trade secret, copyright or other proprietary rights in and to your entry to enable inclusion and use of your entry in the manner contemplated by these terms and conditions. If any part of the information provided by you in relation to you entry was provided by a third party, you warrant that you have obtained the relevant copyright permission to submit the entry for the purposes of the Promotion.
16. You warrant that you have obtained the written consent, release or permission of each and every identifiable individual person in your entry (including, if the individual is a child, the child’s parent or legal guardian) to use their name and likeness to enable inclusion and use of your entry in the manner contemplated by these terms and conditions.
17. You indemnify the Promoter against all claims and costs by third parties arising from a breach of the warranties contained in these terms and conditions.
18. You grant to the Promoter an irrevocable, worldwide and perpetual licence to use your entry in any manner and for any purpose at its absolute discretion, including using your entry in connection with book publication and promotional, marketing or publicity purposes without any further reference or payment or other compensation to you. The Promoter may amend, edit, select, crop, retouch, add to or delete from any part of your entry.
19. The Promoter will not be liable for any breach of copyright in connection with your entry. You will be solely responsible your entry and the consequences of submitting it.
20. The winning entry and a selection of other entries will be featured in ‘The Time of Our Lives’ section of Take 5 magazine. The Promoter may use and may permit others to use your entry at its absolute discretion, including in connection with a story or feature on the Promotion to be published in any of its print or digital publications, without further remuneration or reference to you. Judging and award of prize
21. The judging will be conducted by a panel of judges appointed by the Promoter. The judging will take place at Bauer Media, 54 Park Street, Sydney NSW 2000 and will begin on 20th April 2018.
22. The best (1) valid entry as determined by the judges will win the following prize:
- 1 x Westinghouse 605L Stainless Steel French Door Refrigerator, valued at up to $2599
- 1 x $250AUD cash, awarded in the form of a cheque.
The TOTAL PRIZE POOL IS VALUED AT UP TO AUD$2849 (including GST).
23. The winner will be notified by telephone and in writing within 7 business days of the draw using the contact details provided in their entry.
24. The winner must take the prize as offered. The prize, or any unused portion of the prize, is not exchangeable and cannot be redeemed as cash. The prize cannot be used in conjunction with any other special offer.
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 the winner’s behalf. It is the responsibility of the winner’s parent or legal guardian to prove their parental or guardianship status at the time of winner notification. If a person incorrectly represents themselves to be a winner’s parent or legal guardian, that person will be liable for all costs associated with re-delivering or re-awarding the prize (including but not limited to any 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 directions that relate to any ongoing family law negotiations or determinations. These are the responsibility of the winner and their respective parent or legal guardian.
26. If, for any reason, the winner does not take the prize at the time stipulated by the Promoter, the prize will be forfeited by the winner and cash will not be awarded in lieu of the prize.
27. If a prize, or part of a prize, is unavailable, the Promoter may substitute an alternative prize to substantially the same recommended retail value and/or specification, subject to any written direction from the various regulatory authorities.
28. The prize will be delivered to the nominated address of the winner, provided that address is in Australia or New Zealand. The Promoter is not responsible or liable for any delay or failure in delivery of the prize by a third party or for any damaged caused to the prize during delivery.
29. The prize does not include any ancillary costs associated with redeeming the prize, which are the responsibility of the winner.
30. The prize does not include any installation or set-up of any of the products.
31. Products included in a 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.
32. In accepting the prize, the winner acknowledges that they may incur ongoing costs associated with the prize that are the responsibility of the winner.
33. The prize is subject to the standard terms and conditions of individual prize and service providers.
34. Cash: Cash prizes will be awarded in the form of a cheque in favour of the winner.
35. Fridge: For the avoidance of doubt, the prize does not include: (a) any gas, electricity, water or associated costs incurred before, during or after claiming, installing or using of the prize; (b) any construction, electrical, tiling or plumbing services; (c) any ongoing maintenance costs; (d) any costs in excess of the allocated budget per component of the prize; or (e) any other ancillary or incidental expenses incurred in connection with the prize, whether before, during or after claiming, installing or using of the prize.
36. The Promoter’s decision in relation to all aspects of the Promotion is final and no correspondence will be entered into.
37. In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including but not limited to natural disaster) the Promoter may cancel, terminate, modify or suspend the Promotion.
38. 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 or similar applicable laws (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) excludes all liability (including negligence) for any: (a) personal injury arising in any way out of the Promotion; or (b) any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of: (i) the Promotion; (ii) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (iii) any theft, unauthorised access or third party interference; (iv) 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; (v) any variation in prize value to that stated in these terms and conditions; (vi) any tax liability incurred by a winner or entrant; or (vii) use of the prize.
39. Subject to the Non-Excludable Guarantees, the Promoter makes no representations or warranty as to the quality, suitability or merchantability of any of the goods or services offered as a prize.
41. The Promoter is Bauer Media Pty Ltd (ABN 18 053 273 546) of 54 Park Street, Sydney, NSW 2000. Phone: (02) 8268 8000.