Woman’s Day ‘Letter of the Week’ (Issues 18-28)
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 16th April 2018 and ends at 11:59AEST on 18th June 2018 (“Promotional Period”).
3. You must be aged 18 years or over to enter. Entry is open to Australian residents. Employees of the Promoter and their immediate family and other persons associated with the Promotion are ineligible to enter.
4. To enter by mail: You can enter by sending your submission for ‘Letter of the Week’ (including your full name, mailing address, email address and daytime telephone number) by mail so it is received by the Promoter during the Promotional Period. Mail entries are to be sent to You’re telling us, Woman’s Day, GPO Box 5245 Sydney NSW 2001 in a stamped envelope.
5. To enter by email: You can enter by emailing your submission for ‘Letter of the Week’ to firstname.lastname@example.org. Email your submission (including your full name, mailing address, email address and daytime telephone number) so it is received by the Promoter during the Promotional Period.
6. Multiple entries are permitted, subject to each entry being submitted separately and in accordance with the entry requirements.
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. The Promotion is a game of skill; chance plays no part in determining the winner. Each entry will be individually judged based on its literary, artistic and creative merit. The judges’ decision will be 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 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 16th April 2018.
22. Each week, the best (1) valid entry as determined by the judges will win the following prize(s):
1 x Mystery Gift Box valued at up to AUD$200 each
There is 1 prize per week available, with a total of 10 prizes. The TOTAL PRIZE POOL IS VALUED AT UP TO AUD$2000 (including GST).
23. 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.
24. 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.
25. 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.
26. The prize will be delivered to the nominated address of the winner, provided that address is in Australia. 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.
27. The prize does not include any ancillary costs associated with redeeming the prize, which are the responsibility of the winner.
28. 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.
29. The Promoter’s decision in relation to all aspects of the Promotion is final and no correspondence will be entered into.
30. 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.
31. 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.
32. 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.
33. The Promoter is Bauer Media Pty Limited (ABN 18 053 273 546) of 54 Park Street, Sydney, NSW 2000 (phone: (02) 8268 8000).
Conditions apply, see www.bauer-media.com.au/terms/competition-terms. Commences 16 April 2018. Ends at 11:59AEST on 18 June 2018. AU residents 18+. This is a game of skill, not a game of chance. The Promoter is Bauer Media Pty Limited (ABN 18 053 273 546) of 54 Park Street, Sydney, NSW 2000.
Notes relating to short terms:
1. Short terms are not required for games of skill but it is our preference to include them where the layout permits.
2. Any changes made to the terms and conditions may affect the information to be included in the details above.
3. The short terms may be shortened further if any of the above details are present in the copy of the collateral. Appropriate details on how to enter should be included in the artwork.
4. If using an online entry form, in addition to the applicable opt-out language, include the following tick box:
5. If the promotion involves an SMS entry mechanic and an SMS number is to be included on any advertising material, then due to the Mobile Premium Services Code, you must also:
- Include the cost of each SMS (ie 55c including GST) prominently in the main body of advertisements, and next to the SMS number, to make it obvious that it applies to that number, and in the same orientation and direction as the SMS number, e.g. “To enter send an SMS to 19 xxx xxx (Premium SMS cost 55c)...”; and
- place an asterisk next to the SMS number and include the following information in the short terms:
“*Entrants must have premium service access. [INSERT NAME OF SERVICE SUPPLIER]. SMS helpline: [INSERT HELPLINE].”
6. The following specific requirements also apply in relation to SMS cost placement, depending on the nature of the advertising material:
- specific requirements for print media:
- must be on the same page as the rest of the advertisement;
- if the SMS number is 24–48 pt font, must be at least 25% size of the SMS number; and
- if the SMS number is larger than 48 pt, must be at least 12 pt font size;
- specific requirements for television advertising:
- must appear simultaneously and for the same duration as the SMS number, where applicable;
- must appear for long enough to allow it to be read or heard, and understood, by an average person (having regard to the target audience);
- must be at least 50% of the size of the SMS number; and
- the SMS number and cost must be shown for at least 10 seconds; and
- specific requirements for online advertising:
- must appear above the fold (i.e., visible without scrolling);
- must appear on same page as the SMS number, at least 50% size of the SMS number; and
- if the SMS number is not displayed, it must appear on the first page of the advertisement so that the cost information is obvious to customers.