"The Giver - Take40 Promotion" ("Promotion")
Roadshow.com.au Terms and Conditions
1. The Promoter is Roadshow.com.au ABN 28 100 746 870 of Level 1, 500 Chapel Street, South Yarra, VIC 3141.
"The Giver - Take40 Promotion" ("Promotion")
Roadshow.com.au Terms and Conditions
1. The Promoter is Roadshow.com.au ABN 28 100 746 870 of Level 1, 500 Chapel Street, South Yarra, VIC 3141.
2. Information on how to enter, mechanics of entry, and prizes form part of these Conditions of Entry. Entry into the Promotion is deemed acceptance of these Conditions of Entry.
3. Entry is open to Australian residents . Entrants under 18 years old must seek parental/guardian consent before entering this Promotion ("Eligible Entrants").
4. Employees (and their immediate families) of the Promoter, agencies associated with this Promotion are ineligible to enter. Immediate family 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. The Promotion commences at (12.00pm) (AEDT/AEST) on (January 12, 2015) and closes at (12.00pm) (AEDT/AEST) on (January 27,2015) ("Promotion Period").
6. To enter, Eligible Entrants must log onto www.take40.com/competitions and follow the prompts to the Promotion entry page and complete the details required for entry into this Promotion.
7. The prize draw will take place at 11:00am on February 4, 2015 at Oxygen Interactive Marketing, Level 1, 16 Palmer Parade, Cremorne VIC 3121. The winner(s) will be notified via email within two days of the prize draw and their name(s) published online at www.Roadshow.com.au. Any winner(s) of a prize valued over $250 will have their name and postcode published in The Australian on February 9.
8. The prize will consist of 1 x Dangerfield online voucher valued at $1000. The voucher will be valid for 12 months as listed on the voucher.
9. There are a total of (1) prizes to be won in this Promotion.
10. The total prize pool value for this Promotion is $($1,000.00)
11. A draw for any unclaimed prizes may take place on (May 4,2014) at the same time and place as the original draws, subject to any directions from a regulatory authority. Winner(s), if any, will be notified via writing within two days and their name(s) published online at www.Roadshow.com.au. Any second chance winner(s) of a prize value over $250 will have their names and postcode published in The Australian on (May 11, 2015).
12. 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 (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
13. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
14. 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. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
15. Incomplete or indecipherable entries will be deemed invalid.
16. If a prize winner is under the age of 18 years, the prize will be awarded to the winner's parent or guardian on behalf of the winner
17. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
18. The Promoter reserves the right to substitute the prize with a prize of equal or greater value if the prize is for some reason unavailable subject to gaming authority approval.
19. The Promoter accepts no responsibility for loss or damage to prizes in transit. To the extent permitted by law, the Promoter makes no representations or warranties as to the quality/suitability of any of the goods/services offered as prizes.
20. As a condition of accepting any prize, a winner or recipient of a prize may be requested to sign legal documentation as and in the form required by the Promoter in their absolute discretion, including but not limited to a legal release and indemnity form.
21. All values and amounts that appear in these Terms and Conditions are inclusive of GST unless expressly stated otherwise.
Facebook acknowledgements
22. Participation in this Promotion is considered acceptance of the following:
a. a complete release of Facebook by any entrant or participant;
b. an acknowledgement that this Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook; and
c. that the information provided by each entrant is provided the Promoter (as detailed in these Terms and Conditions) and not to Facebook.
23. Participation and entry in this Promotion is conditional upon the entrant complying with all rules, regulations and guidelines set down by Facebook.
24. Entrants acknowledge that their Facebook profile photograph may be featured on the Application and/or any associated Facebook page for public viewing. Facebook membership and the use of Facebook generally are subject to the Facebook prevailing terms and conditions of use available at www.facebook.com. Entrants understand that they are providing their information to the Promoter and not to Facebook. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other internet users via Facebook. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Facebook and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant's participation in the promotion. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Facebook.
Disclaimers
25. Taxation implications may arise from the winning of the prize and the winner(s) should seek independent financial advice prior to accepting the prize. The Promoter is in no way responsible for any tax implications arising as a result of the winner accepting the Prize.
26. To the extent permitted by law, the Promoter is not liable for any loss suffered to person or property by reason of any act or omission, deliberate or negligent, by the Promoter or its employees or agents, in connection with the arrangement for the supply, or the supply, of goods and services by any person to the prize winner and, where applicable, to any persons accompanying the prize winner. This clause does not affect any rights a consumer may have which are unable to be excluded under Australian law. To the fullest extent permitted by law, any liability of the Promoter or its employees or agents for breach of any such rights is limited to the payment of the costs of having the prize supplied again.
27. The Promoter accepts no responsibility for change in prize value between that date and the ultimate prize redemption date.
28. The details contained in entrants entry are protected by security safeguards as detailed in the Promoter's Privacy Policy, which is also available at www.Roadshow.com.au. The personal information collected as part of the entry is collected to enable identification of the winner and for future marketing and promotional purposes. Entrants personal information will only be disclosed to the Promoter and its related bodies corporate for these purposes
29. In the event of war, terrorism, state of emergency, disaster or (without limitation) any other event outside our reasonable control, the Promoter are entitled to cancel, terminate, modify or suspend the Promotion - subject to any written directions from the various regulatory bodies responsible for supervising the conduct of the Promotion (the Lotteries Departments).
Exclusions and our liability
30. The law implies various conditions and warranties that might apply to the Promoter supplying goods or services to entrants. The Promoter exclude all of those conditions and warranties to the fullest extent permitted by law, including without limitation implied warranties of merchantability and fitness for a particular purpose.
31. Provisions of the Trade Practices Act 1974 and other statutes in some cases either cannot be excluded, restricted or modified; or can only be restricted or modified to a limited extent. If any of those provisions apply, then to the extent permitted our liability under those provisions is limited as set out below. Our liability in relation to goods the Promoter supply is limited at our option to: a) replacement of the goods or the supply of equivalent goods; or b) repair of the goods; or c) payment of the cost of replacing the goods or of acquiring equivalent goods; or d) payment of the cost of having the goods repaired; and our liability in relation to services the Promoter supply, is limited at our option to: a) the supplying of the services against; or b) the payment of the cost of having the services supplied again.
Virus Warning
32. In entering the Promotion, entrants assume the risks and responsibility for any loss, damage or consequence resulting directly or indirectly from viruses, damage or other defects.
Termination
33. The Promoter may terminate or cancel entrant's entry in the Promotion immediately in our reasonable discretion or if entrants breach any of entrant's obligations under these conditions.
Entrant personal information
34. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
35. All entries become the property of the Promoter. By entering the Promotion, entrants are agreeing to receive further information from the Promoter delivered via email to the email address entrants provide to enter the Promotion. If entrants wish to stop receiving this information, entrants may unsubscribe by clicking on the unsubscribe link within any future emails entrants receive. Entrant's details will then be removed from the Promoter's database. The Promoter collects entrant's information so that entrants can participate in the Promotion. If entrants do not give the Promoter the information, entrants cannot participate. The Promoter may use this information for the purposes of the conduct of the Promotion and the compilation of survey results and evidence. The Promoter may disclose this information to third parties who provide the Promoter with administrative services. This information will be stored at the office of the promoter. Entrants can contact our Privacy Officer if entrants would like details of the personal information the Promoter hold about entrants at: (Level 1, 500 Chapel Street, South Yarra, Victoria 3141 Email: privacy@roadshow.com.au)
36. By entering the Promotion, entrants consent to the Promoter using and disclosing entrants personal information in these ways. The Promoter will not otherwise disclose entrant's personal information to third parties. If entrants advise the Promoter that entrants do not wish the Promoter to use entrants personal information for any particular purpose, The Promoter will endeavour to take the necessary measures to meet entrants request. Exceptions to this are: (i) where the Promoter are required to disclose information by law; (ii) where the Promoter believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security as a necessary part of their business; and (iii) if the Promoter notify entrants of an intended use or disclosure of entrants information and entrants do not object to that use or disclosure.
Telephone equipment and network access
37. Entrants are responsible for ensuring that entrants have the equipment and network service or online access required to enter the Promotion.
Entrants indemnify the Promoter
38. Entrants release and agree to keep the Promoter indemnified from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) suffered or incurred by the Promoter, our directors, employees, agents and representatives arising out of entrants entry in the Promotion or any claim by a third party arising from an act or omission by entrants.
Failure to comply and severability
39. The Promoter is not liable for any failure to comply with these conditions. If any part or provision in these conditions is found to be invalid, unenforceable or illegal for any reason, that part or provision shall be severed and the remaining provisions shall continue in full force.
Entire agreement and governing law
40. These conditions constitute the entire agreement between entrants and the Promoter as to its subject matter. By entering the Promotion, entrants accept that this agreement is to be interpreted, and any disputes are to be determined by the courts having jurisdiction in New South Wales, in accordance with the laws in force in New South Wales from time to time.
Promotion authorised under NSW permit number: LTPM/14/00704, ACT Permit Number: TP 14/02246.
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