Take 5 Issue 28 Code Cracker Special Terms & Conditions

(“Conditions of Entry”)

Schedule
Promotion: Bauer Marketing Blanket
Promoter: Bauer Media Pty Limited ABN 18 053 273 546, 54 Park Street, Sydney, NSW 2000, Australia. Ph: 02 9282 8000
Promotional Period: Start date: 04/07/2019 at 12:01AM

End date: 26/07/2019 at 11:59PM

 

All times specified in these terms are in AEST/AEDT, as applicable in NSW, unless otherwise specified.

Eligible entrants: Entry is only open to Australian residents. Entrants under the age of 18 must have parent or legal guardian approval to enter.
How to Enter: To enter the Promotion, the entrant must visit the Competition Website (defined below); and fully complete and submit the online entry form with their personal details (first name, last name, email address, phone number and full address) during the Promotional Period.
Competition Website: www.nowtolove.com.au/take5mag
Entries permitted: Only one (1) eligible entry per person and email address will be accepted. By completing the entry method, the entrant will receive one (1) entry.
Total Prize Pool: AUD $750.00
Prize/s: The number, type and value of prize/s available to be won for this Promotion are specified in Schedule A below.
Draw: ·         The draw will take place at Bauer Media Pty Ltd, 54 Park Street, Sydney NSW 2000, Australia at 02:30 pm on 23 August 2019 using computerised random selection (“Original Draw”).

·         Prize/s will be drawn in descending order of number and value.

Winner notification: The winner/s will be contacted by email and phone within two (2) business days of the draw. Winner/s of prizes valued at over $250 will be published on the Competition Website within seven (7) days of the draw.
Unclaimed Prizes: Prizes must be claimed within three (3) months of the Original Draw. In the event of an unclaimed prize, the prize will be redrawn on 25/11/2019 at 02:30 pm at Bauer Media Pty Ltd, 54 Park Street, Sydney NSW 2000, Australia. The winner/s of the redraw will be notified by email and phone within two (2) business days of the redraw. Winner/s of prizes valued at over $250 will be published on the Competition Website within seven (7) days of the redraw.
Prize Conditions: ·         No part of a prize is exchangeable, redeemable for any other prize or transferable.

·         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.

·         The prize does not include any ancillary costs associated with redeeming the prize, which are the responsibility of the winner.

 

 

  1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
  2. The Promotion commences on the Start Date and ends on the End Date (“Promotional Period”). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
  3. Valid and eligible entries will be accepted during the Promotional Period.
  4. Employees (and the immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. “Immediate family member” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  5. If a prize is won by a person under the age of 18, the prize may be awarded to the winner’s parent or guardian and where applicable to the prize a nominated parent/guardian must accompany any person under 18 years of age.
  6. The draw conductor may draw additional reserve entries in case an invalid entry or entrant is drawn.
  7. If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance
  8. All reasonable attempts will be made to contact each winner.
  9. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
  10. The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
  11. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification.
  12. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.
  13. Each prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
  14. Entrants’ personal information will be collected by the Promoter. Personal information will be stored on the Promoter’s database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at http://www.bauer-media.com.au/privacy/. The Promoter’s privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants’ personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.
  15. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that a winner (or their parent or legal guardian if under the age of 18) may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize. If a winner is under the age of 18, a nominated parent or legal guardian of the winner will be required to sign the legal release on the winner’s behalf.
  16. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
  17. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
  18. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
  19. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant’s details (including an entrant’s identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter’s discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
  20. All material submitted on entry (e.g. photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and answer(s) to a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Entrants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and Conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph.The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Terms and Conditions including this clause.
  21. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
  22. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  23. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
  24. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
  25. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.

 

Schedule A – Prize Details

Prize Description Number of this prize Value (per prize)
$50.00 15 $50.00

 

Australian Women’s Weekly Puzzle Book Competition

Issue 51, 2019

(“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.

Entry

  1. For Australian residents, the Promotion commences on 13th May 2019. For New Zealand residents, the Promotion commences on 3rd June 2019. For Australian residents, the Promotion closes with last mail received on 22nd July 2019 and closes for online entry at 11.59pm AEST/AEDST, on 22nd July 2019. For New Zealand residents, the Promotion ends with the last mail received on 22nd July 2019 (“Promotional Period”).
  2. If you are under the age of 18 years, you must have the prior consent of your parent or legal guardian to enter. Entry is open to Australian and New Zealand residents who purchase from an authorised outlet Issue 51 of The Australian Women’s Weekly Puzzle Book (on-sale 13th May 2019 in Australia and 3rd June 2019 in New Zealand). Employees of the Promoter and their immediate family and other persons associated with the Promotion are ineligible to enter.
  3. To enter by mail (Australia and New Zealand): You can enter by completing the entry coupon in the magazine, filling in the correct answers to the relevant puzzles and sending the completed coupon by mail so it is received by the Promoter during the applicable Promotional Period. Entries are to be sent to: (a) for Australian residents, The Australian Women’s Weekly Puzzle Book #51, PO Box 456, Eastern Suburbs MC NSW 2004; and (b) for New Zealand residents, The Australian Women’s Weekly Puzzle Book #51, Response Bag: 92046 VICTORIA ST WEST, AUCKLAND 1142.
  4. To enter online (Australia only): You can enter by going to https://www.prizestolove.com.au/puzzles 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.
  5. Multiple entries are permitted, subject to each entry being posted in a separate stamped business-sized envelope (220mm x 110mm or smaller) and containing an official entry coupon. Only original entry forms from magazines in official circulation are valid. Entries from newsagents’ returns will not be accepted.
  6. For the avoidance of doubt, you do not have to complete every puzzle; you may complete only the puzzles relevant to the prizes that you wish to win. 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

  1. The draw will take place at Greeneagle Distribution and Fulfilment, Unit 5/9 Fitzpatrick Street, Revesby NSW 2212 on 5th August 2019 at 9:00am AEST/AEDST.
  2. On the draw date, the Promoter will conduct a random draw to determine the winners from valid entries. The Promoter will also draw reserve winners in the event an original drawn winner is invalid or ineligible. If this process does not result in all prizes being awarded, the remaining prize(s) will be awarded in the unclaimed prize draw as set out below.
  3. The prizes to be won in relation to each puzzle are as follows:
Puzzle Prize Value (AUD) Quantity Total Value
Page 11 Casa Domani Tableware Set $275.65 13 $3,583.45
Page 13 MasterCraft Bakeware Set $251.70 14 $3,523.80
Page 17 Protect a Bed Pack $105.00 19 $1,995.00
Page 19 Samsung TV $749.00 1 $749.00
Page 27 Pan Macmillan Book Pack $84.97 24 $2,039.28
Page 36 Samsung Tablet $599.00 1 $599.00
Page 50 CASH  $100.00 1 $100.00
Page 63 CASH  $100.00 1 $100.00
Page 67 Scanpan Classic 6 Piece Cookware Set (17939) $1,599.00 1 $1,599.00
Page 74 AWW and Woman’s Day Cookbook Collection  $107.70 197 $21,216.90
Page 84 7 Piece Knife Block Set  $955.00 4 $3,820.00
Page 93 Black Tote Bag  $149.00 10 $1,490.00
Page 99 CASH  $100.00 1 $100.00
Page 110 Silver Necklace  $129.00 20 $2,580.00
Page 112 Ladies’ Scarf  $129.00 2 $258.00
Page 131 CASH  $100.00 1 $100.00
Page 137 3 Piece Glass Storage Cannister Set & 6 Piece Kitchen Utensil Set  $114.90 30 $3,447.00
Page 149 Kid’s PlayDoh Pack & AWW Nursery Rhyme Cookbook  $38.95 10 $389.50
Page 158 Shaver Kit  $59.00 11 $649.00
Page 169 Samsung Phone  $549.00 1 $549.00
Page 175 CASH  $100.00 1 $100.00

 

The TOTAL PRIZE POOL IS VALUED AT UP TO AUD $48987.93 (including GST).

  1. Some prizes may not be available or may be 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 subject to legislative approval.
  2. Only one prize will be awarded per person, per puzzle (excluding South Australian residents).
  3. The winners will be notified by mail within seven (7) business days of the draw. The winners’ names will be published at prizestolove.com.au/winners for 28 days from 12th August 2019.
  4. 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.
  5. If the winner is under the age of 18 years, the prize will be awarded to the winner’s parent or legal guardian on the winner’s behalf. 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.
  6. 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.
  7. 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.
  8. If necessary, an unclaimed prize draw will be held on 11th November 2019 at the same time and place as the original draw in order to distribute any unclaimed prize(s), subject to any directions from a regulatory authority. A 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 at prizestolove.com.au/winners for 28 days from 18th November 2019.

Prizes

  1. The prize will be delivered to the nominated address of the winner, provided that address is in Australia or New Zealand. 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.
  2. The prizes do not include any ancillary costs associated with redeeming the prizes, which are the responsibility of the winner.
  3. The prizes do not include any installation or set-up of any of the products.
  4. 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.
  5. In accepting the prize, the winner acknowledges that they may incur ongoing costs associated with the prize that are the responsibility of the winner.
  6. The prizes are subject to the standard terms and conditions of individual prize and service providers.
  7. Cash: Cash prizes will be awarded in the form of a cheque in favour of the winner.
  8. Electrical appliances: For the avoidance of doubt, the prize does not include: (a) any gas, electricity, water or associated costs incurred before, during or after claiming, installing or using of the prize; (b) any construction, electrical, tiling or plumbing services; (c) any ongoing maintenance costs; (d) any costs in excess of the allocated budget per component of the prize; or (e) any other ancillary or incidental expenses incurred in connection with the prize, whether before, during or after claiming, installing or using of the prize.
  9. Vouchers, gift cards, tickets and passes: Redemption of vouchers, gift cards, tickets or passes is subject to the terms and conditions stipulated on the voucher, gift card, ticket or pass. The Promoter will not be liable for any voucher, gift card, ticket or pass that has been lost, stolen, forged, damaged or tampered with in any way. Any unused balance of a voucher, gift card, ticket or pass will not be awarded as cash. Vouchers, gift cards, tickets and passes are subject to availability at the time of booking/redemption. Unless specifically stated otherwise, tickets do not include travel to and from a venue, spending money or meals and beverages, which are the responsibility of the winner.

General

  1. The Promoter’s decision in relation to all aspects of the Promotion is final and no correspondence will be entered into.
  2. 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.
  3. 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.
  4. 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.
  5. The Promoter collects personal information (“PI”) in order 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.
  6. 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.
  7. Authorised under permit numbers: NSW: LTPS/19/33018, SA: T19/417, ACT: TP 19/02963