TERMS

Take 5 / Lucky Break Issue 51, 2017, “Win your two front teeth for Christmas” Promotion

(“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. Entry is open to Australian and New Zealand residents aged 18 years and over, who purchase or are a subscriber (and receive as part of their subscription) Take 5 magazine Issue 51 or residents of New Zealand who purchase or are a subscriber (and receive as part of their subscription) Lucky Break magazine Issue 51. Employees of the Promoter and their immediate family and other persons associated with the Promotion are ineligible to enter.

Entry

3. The Promotion commences:

(a) In Australia, on 14th December 2017 and ends at 5:00pm AEST/AEDST on 1st March 2018; and

(b) In New Zealand, on 11th December 2017 and ends at 5:00pm NZT on 27th February 2018 (“Promotional Period”).

4. To enter, during the Promotional Period:

(a) Purchase or subscribe to Issue 51 of Take 5 magazine (in Australia) or Issue 51 of Lucky Break magazine (in New Zealand);

(b) Complete the official entry form found within the magazine (including your full name, mailing address, email address, daytime telephone number) or sending an email and;

(c) Answering the competition question, in 100 words or less – “Why your teeth have ruined your life and why you want them fixed?” 

(d) Include one (1) x 6x4 clear photograph or no more than 5MB attachment photograph showing your full face including teeth and sending the completed entry form via either:

i. Posting your entry to:

1. (in Australia) Take 5 Win a New Set of Teeth Promotion, GPO Box 3525, Sydney NSW 2000; or

2. (in New Zealand)  Lucky Break Win a New Set of Teeth Promotion, PO Box 90423, Victoria Street West, Auckland 1142.

ii. Emailing your entry to:

1. Take5@bauer-media.com.au with the subject line “Take 5 Win a New Set of Teeth Promotion” including your full name, mailing address and telephone number.

2. Luckybreak@bauer-media.co.nz with the subject line “Lucky Break Win a New Set of Teeth Promotion” ” including your full name, mailing address and telephone number.

5. Only one entry per person will be permitted.

6. Mail entries must be submitted on the original entry form found in Issue 51 of Take 5 magazine or Lucky Break magazine. No copies of the official entry form will be accepted. All mail entries must be sent by standard Australia Post/New Zealand post.

7. 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 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.

8. 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.

9. 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.

10. Any costs associated with entering the Promotion, including data costs, are the entrant’s responsibility.

11. 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).

12. You should not send in original versions of the entry as entries will not be returned. No responsibility will be taken by the Promoter if an original entry is lost or damaged.

13. 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.

14. 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.

15. 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.

16. 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.

Use of entries

17. 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.

18. 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.

19. 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

20. The winner will be determined by a panel of judges appointed by the Promoter from all eligible entries submitted in both Australia and New Zealand. The judging will take place at Bauer Media, 54 Park Street, Sydney NSW 2000 and will begin on 15th March 2018. The winner will be notified by telephone and in writing using the contact details provided in their entry.

21. This is a game of skill; chance plays no part in determining the winner. Each entry will be individually judged based on its originality, creative merit and suitability to the promotion. Each entry must be the original work of the relevant entrant. 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.

22. The judges may select additional reserve entries which they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible entrant.

23. The individual in the photograph must be the entrant (name and mailing address) who enters the promotion. The entrant cannot be nominated by another person. By entering you warrant and represent that the photograph submitted with your entry shows your own face.

24. The best (1) valid entry as determined by the judges will win the following prize(s):

(a) If the winner is a resident of Australia; AUD$3000.00 (awarded in the form of a cheque made in favour of the winner); or

(b) If the winner is a resident of New Zealand; NZD$3000.00 (awarded in the form of a cheque made in favour of the winner).

The TOTAL PRIZE POOL IS VALUED AT UP TO AUD$3000 (including GST).

25. For the sake of clarity, the prize is awarded in form of a cash payment intended to go towards dental work for the winner. If the winner elects to go through with any dental procedure, the dental work must be completed by a certified dental practitioner of the winner’s choosing and the winner assumes all risk in undertaking the dental work. The prize does not include any ancillary costs associated with redeeming the prize, which are the responsibility of the winner.

General

26. The Promoter’s decision in relation to all aspects of the Promotion is final and no correspondence will be entered into.

27. 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.

28. The Promoter collects personal information (“PI”) to conduct the Promotion and may disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to regulatory authorities. Entry in the Promotion is conditional on providing this PI. The Promoter will also use and handle PI as set out in its privacy policy, which, for Australia, is available at http://www.bauer-media.com.au/privacy and, for New Zealand, is available at http://www.bauermedia.co.nz/privacy. In addition to any use that may be outlined in the Promoter’s privacy policy, the Promoter may also, for an indefinite period, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning you. For New Zealand entrants, under the Privacy Act 1993, you have the right to access and request the correction of any PI held by the Promoter. You should direct any request to opt out, access, update or correct PI to the Promoter and direct any complaints regarding treatment of you PI as set out in the Promoter’s privacy policy. All entries become the property of the Promoter.

29. The Promoter in Australia is Bauer Media Pty Limited (ABN 18 053 273 546) of 54 Park Street, Sydney, NSW 2000 (phone: (02) 8268 8000) and in New Zealand is Bauer Media Group (NZ) LP of City Works Depot, Shed 12, 90 Wellesley Street, Auckland.

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