TERMS

Take 5/Lucky Break Monthly Car Competition Promotion
Issue 48, 2017 to Issue 52, 2017

TERMS & CONDITIONS

1. Information on how to enter and the prize forms part of these terms and conditions. By participating in the Promotion, you agree to be bound by these terms and conditions. 

Entry

2. The entire Promotion commences on 23rd November 2017 and closes at 11:59pm AEST (AEDST, when applicable) on 12th January 2018.  The Promotion comprises five preliminary draws and associated promotional periods (each a “Promotional Period”), each of which commences, closes and will be drawn on the dates and times specified in Table A, and a final draw.

TABLE A

Issue

Take 5 Open Date

Take 5 Close Date

Lucky Break Open Date

Lucky Break Close Date

Draw Date

Time of Draw

(AEST (AEDST, when applicable))

48

23-Nov-17

15-Dec-17

20-Nov-17

11-Dec-17

12-Jan-18

9.30am

49

30-Nov-17

22-Dec-17

27-Nov-17

18-Dec-17

19-Jan-18

9.30am

50

07-Dec-17

29-Dec-17

04-Dec-17

25-Dec-17

29-Jan-18

9.30am

51

14-Dec-17

05-Jan-18

11-Dec-17

01-Jan-18

02-Feb-18

9.30am

52

21-Dec-17

12-Jan-18

18-Dec-17

08-Jan-18

09-Feb-18

9.30am

3. Entry is open to Australian residents who purchase (or receive as a subscription) any one of Issue 48 to Issue 52 of Take 5 during the Promotional Period applicable to that issue. Entry is open to New Zealand residents who purchase (or receive as a subscription) any one of Issue 48 to Issue 52 of Lucky Break during the Promotional Period applicable to that issue. Purchase of Take 5 or Lucky Break must be from an authorised outlet. If you are under the age of 18 years, you must have the prior consent of your parent or legal guardian to enter. Employees of the Promoter and their immediate family and other persons associated with the Promotion are ineligible to enter.

4. To enter by mail (Australia and New Zealand): You can enter by completing the entry coupon in the magazine and sending the completed coupon by mail so it is received by the Promoter during the applicable Promotional Period. Mail entries are to be sent to the PO Box as published in the magazine. You may enter by mail as many times as you wish, however, each mail entry must be posted in a separate stamped business-sized envelope (220mm x 110mm or smaller) and contain an official entry coupon. Only original entry forms from magazines in official circulation are valid. Entries from newsagents' returns will not be accepted.

5. To enter online (Australia only): You can enter by going to https://www.nowtolove.com.au/take5mag and following the prompts to the coupon entry page. At the coupon entry page, you submit an online entry by completing the entry form (including your full name, mailing address, email address and daytime telephone number) and submitting the entry as instructed during the Promotional Period. Only one online entry is accepted per person per puzzle per issue.

6. You must retain the original of all purchase receipts for all entries as proof of purchase. If a receipt is not available from the store where the magazine(s) were purchased, you must retain an original of the magazine cover as proof of purchase.  Failure to produce the required valid purchase receipt or original magazine cover for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of all of your entries and forfeiture of any right to a prize. Each entry must relate to a separate, qualifying purchase. Photocopies or scanned copies of the magazine cover or purchase receipt will not be accepted.

7. An entry must not be: (a) late; (b) incomplete; (c) indecipherable; (d) incomprehensible; (e) illegible; or (f) unlawful. Any such entry will be ineligible and will be discarded. Any entry that the Promoter deems 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. 

Draw and award of prize 

11. A finalist will be drawn for each Promotional Period and entered in the final draw. For each Promotional Period, the draw will take place on the date and at the time specified in Table A. For the avoidance of doubt, five (5) finalists will be entered into the final draw. The final draw will take place on 9th February 2018 at 9:30am AEST (AEDST, when applicable). All draws will take place at Greeneagle Distribution and Fulfilment, Unit 5/9 Fitzpatrick Street, Revesby NSW 2212.

12. On each draw date, the Promoter will conduct a random draw to determine, for each Promotional Period, a finalist and, for the final draw, the winner from valid mail (Australia and New Zealand) and online (Australia only) entries. The Promoter will also draw reserve winners in the event an original drawn finalist or winner is invalid or ineligible. If this process does not result in the prize being awarded, the prize will be awarded in the unclaimed prize draw as set out below.

13. The first (1) valid entry drawn from the five finalists’ entries will win one (1) x Toyota Corolla valued at up to AUD$23,758.00.

The TOTAL PRIZE POOL IS VALUED AT UP TO AUD$23,758.00 (including GST).

14. The finalists and the winner will be notified in writing within seven (7) business days of each applicable draw using the contact details provided in their entry. The winner’s name will be published in Issue 10, 2018 of Take 5 on sale 1st March 2018 and in Issue 10, 2018 of Lucky Break on sale 26th February 2018.

15. The winner must take the prize as offered. The prize is not exchangeable and cannot be redeemed as cash.

16. If the winner is under the age of 16 years, the prize will be awarded to the winner's parent or legal guardian on the winner’s behalf. It is a condition of being awarded the prize that the winner or the winner’s parent or legal guardian (as applicable) provides the Promoter with their full name and address and a copy of their current Australian or New Zealand driver’s licence. The winner or the winner’s parent or legal guardian (as applicable) must have a current valid Australian or New Zealand driver’s licence. If the winner is, through any legal incapacity or otherwise, unable to register the vehicle in their own name, then the winner may assign the vehicle to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the winner and the assignee. The winner must provide the Promoter with certified copies of all documentation as required by the Promoter before the prize is awarded.

17. 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.

18. 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.

19. If the 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.

20. If necessary, an unclaimed prize draw will be held on 14th May 2018 at the same time and place as the final draw in order to distribute the unclaimed prize, subject to any directions from a regulatory authority. The winner from this draw, if any, will be notified in writing using the contact details provided in their entry within seven (7) business days of the unclaimed prize draw and their name will be published on http://www.bauer-media.com.au/terms/competition-terms for 28 days from 17th May 2018.

Prize

21. The prize includes standard fittings, registration, compulsory third party insurance, stamp duty and dealer delivery charges (which may vary between States). Any ancillary costs associated with redeeming the prize are the responsibility of the winner.  All optional extras and accessories, comprehensive insurance and any other insurance not stated as included in the prize, fuel, personal costs and any other ancillary associated with redeeming the prize are excluded and are the responsibility of the winner.

22. The external and interior colour of the prize is at the discretion of the supplying dealer and will be based on availability. Any number plate details used in the promotional material are representational only. Subject to agreement by the supplying dealer, stock availability and subject to the winner agreeing to pay any additional amount requested by the supplying dealer, the winner may choose to include optional extras and accessories. Except as stated in these terms and conditions, the supplying dealer will not provide a substitute model.

23. The winner must provide all information and sign all documentation necessary to enable Promoter to register the prize in the winner's name prior to collection. Receipt of the prize is subject to the winner being able to lawfully take possession of the prize and comply with all registration and compulsory third party insurance requirements of the State or Territory in which the winner elects for the vehicle to be registered.

24. The winner must collect the prize from their nearest dealership, as specified by the Promoter.   If the winner is unable to collect the prize, the winner may incur cost of transporting the prize, from their nearest dealership to an alternate prize collection location as nominated by the winner and deemed acceptable by the Promoter. Any costs associated with the transport of the prize to an alternate location will be responsibility of the winner.

25. The Promoter takes no responsibility for any mechanical, body or paint repairs from the date and time of delivery. 

General

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

27. In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including but not limited to natural disaster) the Promoter may, subject to relevant state and territory rules and regulations, cancel, terminate, modify or suspend the Promotion.

28.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.

29. Subject to the Non-Excludable Guarantees, the Promoter makes no representations or warranty as to the quality, suitability or merchantability of the prize.

30. The Promoter collects personal information (“PI”) in order to conduct the Promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian 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.

31. The Promoter in Australia is Bauer Media Pty Ltd (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.

32. Authorised under permit numbers: NSW:LTPS/17/18985; SA:T17/2068; ACT: TP 17/02209

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