Take 5 Issue 43 Instant Scratch-Its 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.

Entry

  1. The Promotion commences on 18th October 2018 and ends at 11:59pm AEST/AEDST on 11th November 2018 (“Promotional Period”).
  2. You must be aged 18 years or over to enter. Entry is open to Australian residents, excluding residents of Western Australia and South Australia. Employees of the Promoter, and their immediate family and other persons associated with the Promotion are ineligible to enter.
    1. To enter online: You can enter by going to nowtolove.com.au/take5scratchiecomp and following the prompts to the competition entry page. At the competition entry page, you submit an online entry by completing the entry form (including your full name, mailing address, email address, daytime telephone number and [answer, in 25 words or less, to the competition question – “Who would you share the joy with this Christmas and why?”
  3. Only one entry per person will be permitted.
  4. 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.
  5. 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.
  6. 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.
  7. Any costs associated with entering the Promotion, including data costs, are the entrant’s responsibility.
  8. 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 and creative merit. The judges’ decision will be final and binding on every person who enters. No correspondence will be entered into.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. 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

  1. 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 8th November 2018.
  2. The best 300 valid entries as determined by the judges will win the following prize(s):

1 x Christmas Instant Scratch-Its Pack valued at up to AUD$20.00 each

The TOTAL PRIZE POOL IS VALUED AT UP TO AUD$6000.00 (including GST).

  1. Winner/s will be notified by telephone and in writing within 7 business days of the draw using the contact details provided in their entry.  Winner/s will be required to verify that their place of residency and that they are over 18 years old, by providing Bauer with valid photo identification.
  2. 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.
  3. 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.
  4. 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.

Prizes

  1. The prize will be delivered to the nominated address of the winner, provided that address is in Australia (excluding Western Australia and South Australia, whose residents are not eligible to enter this Promotion). 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 prize does not include any ancillary costs associated with redeeming the prize, which are the responsibility of the winner.
  3. In accepting the prize, the winner acknowledges that they may incur ongoing costs associated with the prize that are the responsibility of the winner.
  4. The prize is subject to the standard terms and conditions of individual prize and service providers.
  5. 26.          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.

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 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”) 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 is available at 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, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning you. 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.   By entering this Promotion, you agree to the Promoter disclosing your PI to the prize suppliers.
  6. 32.          The Promoter is Bauer Media Pty Limited (ABN 18 053 273 546) of 54 Park Street, Sydney, NSW 2000 (phone: (02) 8268 8000).