Take 5 Reverse Auction Terms and Conditions
1. By entering any bid in the Take 5 Reverse Auction, bidders confirm they have read and understood these Terms and Conditions. Participation in Take 5 Reverse Auction is deemed acceptance of these terms and conditions.
2. Bidding is open to all residents of Australia. Bidders under the age of 18 years must have parental or legal guardian consent to participate and must have bill payer’s permission.
3. Employees and their immediate families of the Promoter and its agencies associated with the Take 5 Reverse Auction are ineligible to participate in Take 5 Reverse Auction.
4. The Take 5 Reverse Auction is open each Thursday at 12:01am (ADST/AEST when applicable) from 29th December 2016 to 21st December 2017 and ends each Wednesday at 11:59pm (ADST/AEST when applicable) from 4th January 2017 to 27th December 2017.
5. To place a bid for the item(s) as advertised (printed) on the Reverse Auction page in Take 5, consumers must SMS the word BID and their bid in whole cents to the SMS number advertised (printed) on the page during the relevant bidding period as advertised (printed).
Once a bid has been submitted, consumers will receive a reply SMS message, notifying them that (a) their bid is currently the lowest unique bid; or (b) their bid is currently unique but not the lowest bid; or (c) their bid is not unique; or (d) their bid is invalid. SMS messages will be sent throughout the course of the bidding if the bid changes from one of these categories to another.
6. Premium SMS cost in Australia is AUD$0.55 including GST. Entrants must have premium service access in Australia. SMS entries via the internet are not valid and will not be accepted. SMS service provider in Australia is Salmat Digital Pty Ltd. Individuals under the age of 18 must obtain bill payer's permission to send an SMS. SMS helpline: 1300 131 276.
7. A new item(s) will be offered for bidding each week as advertised (printed) in each issue of Take 5 magazine. The consumer who has placed the lowest unique bid that week will be deemed the successful bidder for the item(s) on offer for that week just ended. The lowest unique bid is the lowest value offered (in whole cents) for the item(s), which has not been offered by any other bidder for that item(s). If there is no lowest unique bid, the successful bidder is determined by the lowest bid amount with exactly two bids. The first bidder to have placed the bid is determined the winner. If this does not produce a winner (if there is no low unique bid with exactly two bids the same) the process keeps repeating for the highest bid amount with exactly three bids. This will continue until a successful bidder is determined.
8. By placing a bid during the bidding period, consumers are offering to buy the relevant item(s) at that price as accepted by the Promoter. Ownership and title in the item(s) does not pass to the successful bidder until the Promoter receives full and clear payment, and risk in the item(s) passes to the successful bidder when the Promoter dispatches the item(s) to the successful bidder.
9. The successful bidder of an item(s) will be notified at the end of the bidding period by phone, to arrange payment for the item(s). If the successful bidder does not contact the Promoter to pay for the item(s) within 14 business days of first contact, then the bid is forfeited and the next lowest unique bidder will be contacted.
10. The successful bidder will be required to pay for the item(s), at the price (being the successful bid rounded up to the nearest whole legal tender cent) placed by the person, within 14 business days of being notified of the bid's success. Payment will be accepted by Bankcard, Mastercard, Visa, Diners, Amex, cheque or money order. If payment is not received within 14 business days, the bidder will be deemed to have revoked the offer and will no longer be able to purchase the item(s).
11. All bids must be sent by SMS. SMS via the internet not accepted. Bids are deemed to be received at the time of receipt into the Take 5 Reverse Auction database and NOT at the time of transmission by the bidder.
12. All bids must be submitted by an individual and must not be computer generated. The use of any automated software or any other mechanical or electronic means that allows a bidder to automatically bid repeatedly is prohibited and will render all bids submitted by that bidder invalid.
13. All bids are processed in the order that they are received into the database. No responsibility accepted for any late, lost, incomplete, incomprehensible, incorrect, delayed or misdirected bids as a result of technical disruptions or for any other reason.
14. The Promoter reserves the right to verify the validity of bids and to disqualify any bidder who tampers with the bid process or who places a bid that is not in accordance with these Terms and Conditions. Successful bidder must provide proof of identity, proof of residency and proof of relevant mobile bill before item will be dispatched. Pre-paid mobile users will be required to provide proof of purchase of all pre-paid recharge cards. Acceptance of alternate identification as verification is at the complete discretion of the Promoter.
15. The item(s) will be delivered within 21 working days after payment is received to the address provided by the successful bidder.
16. In the event that an item(s), or part of a item(s), is unavailable, the Promoter reserves the right to substitute the item(s) or part of the item(s) in its discretion with an alternative item(s) or part of the item(s) to the same and equal recommended retail value and/or specification.
17. The item(s) do not include any installation or set-up of any of the products. Products including but not limited to titles, colour, design, sizing, model, finish, style etc. will be determined by the promoter in its complete discretion. All item(s) must be taken as offered.
18. The Promoter reserves the right in their absolute discretion to cancel, withdraw, reject, suspend or bar a bidder and their bid at any stage during the bidding period.
19. The Promoter's decision in relation to all aspects of the Take 5 Reverse Auction is final and no correspondence will be entered into.
20. 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.
21. 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 item(s) 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 item(s) value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the item(s).
22. If this Take 5 Reverse Auction 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 Take 5 Reverse Auction, as appropriate.
23. As a condition of entry, successful bidders agree to provide information and a photograph of themselves for publicity purposes as requested by the Promoter. Bidders consent to the Promoter using their name, likeness, image and/or voice in the event they are successful (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting the Take 5 Reverse Auction (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
25. The Promoter is Bauer Media Pty Ltd (ABN 18 053 273 546) of 54 – 58 Park Street, Sydney, NSW 2000. Phone: 02 9282 8000.