TERMS

Winner Takes All Promotion
Woman’s Day Issue 41 and Take 5 / Lucky Break Showcase Issue 38-41, 2017
Terms and Conditions

1. Instructions on how to enter and prizes form part of these Terms and Conditions. Participating in this promotion is deemed acceptance of these Terms and Conditions.

2. Entry is only open to residents of Australia who purchase either Issue 38-41 of Take 5 magazine or who are a subscriber of Take 5 and receive either Issue 38-41 (as a part of their subscription) of Take 5 magazine, residents who purchase Issue 41 of Woman’s Day or who are a subscriber of Woman’s Day magazine and receive Issue 41 (as a part of their subscription) of Woman’s Day magazine or residents of New Zealand who purchase either Issue 38-41 of Lucky Break magazine or who are a subscriber of Lucky Break and receive either Issue 38-41 (as a part of their subscription) of Lucky Break magazine during the promotional period. Purchase of Take 5, Woman’s Day or Lucky Break magazine must be from an authorised outlet during the promotional period. Employees of the Promoter, their immediate families and agencies associated with this promotion are ineligible to enter.

3. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to all terms and conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to this Promotion.

4. How to enter:

In Australia: Consumers must purchase or receive as part of their subscription Take 5 magazine (either issue 38-41) OR Woman’s Day Issue 41 (on sale 02/10/2017) and can enter by completing the official entry coupon as instructed provided in Take 5 magazine Issues 38-41 OR official entry coupon found in Woman’s Day Issue 41 and send it, with their details to the corresponding issues addresses during the Promotional Period (defined below):

- Take 5 Winner Takes All Promotion Issues 38-41, PO Box 403, Eastern Suburbs MC, NSW 2004

- Woman’s Day Winner Takes All Promotion Issue 41, PO Box 446, Eastern Suburbs MC, NSW 2004

In New Zealand: Consumers must purchase or receive as part of their subscription Lucky Break magazine (either issue 38-41) and can enter by completing the official entry coupon as instructed provided in the magazine Issues 38-41. Mail entries are to be sent to Lucky Break Winner Takes All Promotion Issues 38-41, Response Bag 500225, Victoria St West, Auckland 1142 during the Promotional Period (defined below).

5. Mail (for Australian and New Zealand residents) entries are to be sent to the PO Box as published in the magazine. Consumers may enter as many times as they 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.

6. The Promoter reserves the right, at any time, to verify the validity of claims 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 (including but not limited to tampering by way of use of techniques designed to avoid the payment of SMS or 190 call costs). Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. Errors and omissions will be accepted at the Promoter's discretion. Identification considered suitable for verification includes a driver's license or passport. Acceptance of alternative identification as verification is at the complete discretion of the Promoter.

7. The promotion commences:
(a) in Australia, on 14th September 2017 and closes at 5:00pm (AEST) on 27th October 2017; and
(b) in New Zealand, on 11th September 2017 and closes at 5:00pm (NZT) on 23rd October 2017 (“Promotional Period”).


8. The draw will take place at Greeneagle Distribution and Fulfilment - Unit 5/9 Fitzpatrick Street, Revesby, NSW 2212 at 11:00am (AEST) on 24th November 2017. The winner will be notified in writing and telephone using the contact details provided in their entry. The winner’s name will be published in Take 5 Issue 51, 2017 on sale 14th December 2017 and in Woman’s Day Issue 50, on sale 4th December 2017.

9. If necessary, an unclaimed prize draw will be held on 26th February 2018, at the same time and place as the original draw in order to distribute any unclaimed prize, subject to any directions from a regulatory authority. The winner, if any, will be notified in writing using the contact details in their entry within seven (7) business days of the unclaimed prize draw and will be published on www.take5mag.com.au on 1st March 2018.

10. The first (1) valid entry drawn from all valid entries received will be deemed the major prize winner and will receive the following:

• One (1) Toyota Yaris 1.3L Petrol Manual Hatch valued at up to $18,678.00 (prize includes registration, compulsory third party insurance, stamp duty and dealer delivery charges (which may vary State by State/ country)
• Trip to Bail, Indonesia for two (2) adults including:
o Two (2) x return economy airfares from winners’ Australian nearest capital city to Bali or for NZ residents – Two (2) return economy flights departing from Auckland NZ only to Bail Indonesia;
o Five (5) nights’ accommodation at the Kasih Villas and Spa in a one-bedroom Royal Pool Villa share room for two (2) adults including daily breakfast, return airport transfers and early check-in/late check-out, valued at up to $6,750.00 (depending on point of departure) (including taxes)
• One (1) x Samsung Galaxy Phone J7 (model: (SM-G610YZKEXSA), valued at up to $499.00
• One (1) x Samsung Smart TV (model: UA32M5500AWXXY), valued at up to $749.00
• AUD$3,500.00 - awarded in the form of a cheque made in favour of the winner.

The total prize pool is valued at up to AUD$30,176.00 (including GST). Any ancillary costs associated with redeeming the prize are not included. These are the responsibility of the winner.

11. Unless otherwise stated all prizes are in Australian dollars. Some prizes may not be available or prohibited in New Zealand under New Zealand law. In that case prizes will be offered to an equivalent New Zealand dollar value either in cash, vouchers or as a prize determined by the Promoter in its absolute discretion.

Car Prize terms:

12. Prize includes standard fittings, registration, compulsory third party insurance, stamp duty and dealer delivery charges (which may vary State by State/country). Any ancillary costs associated with redeeming this 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.

13. If the winner of the vehicle prize is under the age of 16 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf. It is a condition of accepting the prize that the prize winner provides the Promoter with their full name, address, license and a copy of their current Australian or New Zealand driver’s license prior to the awarding of the vehicle prize. Winner must have a current valid Australian or New Zealand driver’s license. If the winner is, through any legal incapacity or otherwise, unable to register the vehicle in their own name, then such winner may assign the vehicle prize 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 required documentation as required by the Promoter before the vehicle is awarded.

14. Any additional optional extras and accessories, comprehensive insurance and any other insurance, fuel personal costs and any other ancillary costs associated with redeeming the prize are excluded and are the responsibility of the winner. The colour of the vehicle prize is at the discretion of the supplying dealer and will be based on availability. 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 expressly stated in these conditions, the supplying dealer will not provide a substitute model. The supplying dealer will not exchange the vehicle prize for cash.

15. The winner must provide all information and sign all documentation necessary to enable Promoter to register the vehicle prize in the winner's name prior to collection. Receipt of the vehicle 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/Territory in which the winner elects to register the prize.

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

17. The Promoter takes no responsibility for any mechanical, body or paint repairs from the date and time of delivery. Comprehensive insurance, petrol/ fuel/ diesel costs and any other ongoing costs are the responsibility of the winner

18. The external and interior colour of the vehicle prize is subject to availability at time of redemption of prize. Any number plate details used in the promotional material are representational only.

Bali Holiday:

19. The Kasih Villas and Spa accommodation is awarded in the form of a voucher and is subject to availability at the time of booking.

The prize must be redeemed as a package in full by 31st August 2018. Blackout periods includes travel during any school holiday period in Australia, all major holiday (Christmas and Easter) and Australian public holiday periods and cannot be redeemed 20th December 2017 to 10th January 2018. Voucher is valid for six (6) months from date of issue. Redemption of the voucher prizes are subject to the terms and conditions stipulated on the voucher. The Promoter will not be liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way. Any ancillary costs associated with redeeming a voucher are not included. Any unused balance of the voucher will not be awarded as cash. In the event that a portion of the prize is awarded to the winner in the form of a voucher / ticket / pass/ letter, redemption of that portion of the prize will be subject to the terms and conditions stipulated on the voucher / ticket / pass/ letter. The Promoter will not be liable for any voucher / ticket / pass/ letter that has been lost, stolen, forged, damaged or tampered with in any way. Redemption of the prize subject to the standard terms and conditions and guidelines of the accommodation venue.

20. Prize does not include travel to and from the accommodation venue, spending money, all other meals and beverages (unless specified above), insurance and or ancillary costs associated with redeeming the prize. These are the responsibility of the winner.

21. All the components of the prize must be taken as a package in one (1) holiday. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age.

22. The winner (and their companion) are responsible for all other expenses including but not limited to surcharges, taxes (excluding airport and airline taxes), spending money, meals, insurance, drinks, transfers (unless specified), transport to and from departure point, laundry charges, activities (unless specified), incidentals, energy surcharges, gratuities, services charges, items of a personal nature, in-room charges and all other ancillary costs.

23. A credit card imprint or cash deposit will be required from the winner at check-in of the hotel for all incidental charges. Once accommodation vouchers are issued they are non-changeable.

24. Travel restrictions may apply. Prize does not include travel insurance. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.

25. Itinerary to be determined by the Promoter in its absolute discretion.

26. Each winner (and any companion) must travel on the same dates, depart from and return to the same point of departure and travel together. Frequent flyer points will not form part of the prize. Standard conditions for tickets and accommodation apply. The Promoter’s decision is final and no correspondence will be entered into. It is each winner’s responsibility to ensure that they have all relevant documentation in order to travel. All elements of a prize must be taken together within the one trip. Winners will not be compensated for unused portions of a prize.

27. Transport to and from Departure point including but not limited to additional Domestic airfares if required, any additional meals, any extra sightseeing or activities, any additional accommodation, personal spending money, and all other ancillary costs, as well as obtaining any of these, are the responsibility of the winner and their travel companions. Prize also excludes medical expenses, items of a personal nature, beverages, optional tours not outlined, laundry, telephone calls, additional nights, room upgrades or other ancillary costs associated with redeeming the prize other than those specified. These costs and expenses are the responsibility of the winner. Any extension to the duration of the prize is at the winner’s sole expense and subject to availability at the time of booking. For the removal of doubt, taxes for domestic/international (if required) travel are included in the prize winning domestic/international (if required) airfares provided by the Promoter.

28. All prize items are valued inclusive of GST and the Promoter takes no responsibility for any variations in item values. The components of the Prize may alter for reasons beyond the Promoter’s control. The Prize is not, nor any component thereof, transferable, exchangeable or redeemable for cash. No components of the Prize can be exchanged for other travel or accommodation at other destinations. In the event that any prize item is unavailable, the Promoter reserves the right to substitute a prize item of equal or greater value. Any taxes (other than GST, if any) which may be payable as a consequence of a winner receiving the prize are the sole responsibility of the Winner.

29. It is a condition of accepting the prize that the winner (and any traveling companions) must comply with all the conditions of use of the prize and prize supplier’s requirements

Prize Terms:

30. Any ancillary costs associated with redeeming any prize are not included. These are the responsibility of the winner.

31. Prizes must be taken as offered. Any prize, or any unused portion of any prize, is not exchangeable or cannot be redeemed as cash. The prizes cannot be used in conjunction with any other special offer. The prizes are valued in Australian dollars. The Promoter accepts no responsibility for any variation in prize value. Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize. In the event that a portion of a prize is awarded to the winner in the form of a voucher / ticket / pass/ letter, redemption of that portion of the prize will be subject to the terms and conditions stipulated on the voucher / ticket / pass/ letter. The Promoter will not be liable for any voucher / ticket / pass/ letter that has been lost, stolen, forged, damaged or tampered with in any way. Redemption of a prize at a venue is subject to the standard rules and regulations of that venue/s.

32. The prizes do not include any installation or set-up of any products.

33. Products included in prize packages (including but not limited to titles, colour, design, sizing, model, finish, style etc) will be determined by the Promoter in its complete discretion.

34. The prizes will be delivered to the nominated addresses of the prize winners. Delivery of a prize is valid to any state and/or city in Australia.

35. If a winner is under the age of 18 years, the prize will be awarded to the winner’s parent or legal guardian on behalf of the winner. It is the responsibility of the winner’s parent/legal guardian to prove their parental status/ legal guardianship at the time of winner notification. In the event that for any reason whatsoever a person/s mistakenly represents themselves to be a winners parent and/or legal guardian, then that person will be liable for all costs associated with relocating and/or re-awarding the prize (including but not limited to and administrative fees incurred by the Promoter). Where relevant, the Promoter is only responsible for ensuring that a 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 direction that relates to any ongoing family law negotiations and/or determinations. These are the responsibility of the winner and their respective parent/s and/or legal guardian/s.

36. In acceptance of a prize, the winner acknowledges that they may incur ongoing costs associated with the prize which are the entire responsibility of the winner.

37. Prizes are subject to the standard terms and conditions of individual prize and service providers.

38. In the event that for any reason whatsoever a winner does not take a prize at the time stipulated by the Promoter, then the prize will be forfeited by the winner and cash will not be awarded in lieu of the prize.

39. In the event that a prize, or part of a prize, is unavailable, the Promoter reserves the right to substitute the prize or part of the prize in its discretion with an alternative prize or part of the prize to the same and equal recommended retail value and/or specification subject to any written directions from the various Lottery Departments.

40. The Promoter is neither responsible nor liable for any late lost or misdirected mail (including but not limited to prizes).

General terms:

41. Printing and other quality control errors will not invalidate an otherwise valid prize claim. In the event of a query as to the validity of an entry, the judges will determine whether or not the entry is to be deemed valid, taking into consideration all mitigating circumstances and knowledge available to them at the time of the judging. No correspondence will be entered into.

42. In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including but not limited to natural disaster)the Promoter reserves the right to subject to reference to all relevant state and territory rules and regulations, to cancel, terminate, modify or suspend the promotion.

43. Ineligible, illegible, inaudible, incomprehensible or incomplete claims or entries received will be considered null and void. Instant win game materials are rendered void if stolen, forged, mutilated, incomplete or tampered with in any way. Photocopied or faxed claims or entries will not be accepted.

44. The Promoter's decision in relation to all aspects of this promotion is final and no correspondence will be entered into.

45. 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 to (a) disqualify any entrant; and (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

46. Nothing in these Terms and Conditions limit, exclude or modify 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 and New Zealand (“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.

47. 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) use of a prize.

Privacy:

48. Australia: You consent to the Promoter collecting your personal information (“PI”) in order to conduct the promotion and also consent to the Promoter disclosing your PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to regulatory authorities for the purpose of conducting the promotion. Entry is conditional on providing this PI and consent. You also consent to the Promoter using and handling your PI as set out in its privacy policy, which can be accessed by visiting http://www.bauer-media.com.au/privacy/. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may also, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including telephoning the entrant. Entrants should direct any request to opt out, access, update or correct PI to the Promoter and direct any complaints regarding treatment of their PI according to the Privacy Policy. All entries become the property of the Promoter.

49. New Zealand: 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 regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its privacy policy, which can be accessed by visiting http:///www.bauermedia.co.nz/privacy (NZ). In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may also, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Under the Privacy Act 1993, entrants have the right to access and request the correction of any PI held by the Promoter. Entrants should direct any request to opt out, access, update or correct PI to the Promoter and direct any complaints regarding treatment of their PI according to the Privacy Policy.

50. The Promoter in Australia is Bauer Media Pty Limited of 54 Park Street, Sydney, NSW 2000, ABN 18 053 273 546, Ph: (02) 9282 8000 and in New Zealand, Bauer Media (NZ) LP, 100 Beaumont Street, Westhaven, Auckland.

Authorised under permit numbers: NSW:LTPS/17/16795, SA:T17/1492, ACT:TP 17/01603.1

 

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