THE LIFESTYLE CHANNEL’S “RATE MY PET” COMPETITION
TERMS AND CONDITIONS
ENTRY INTO THE COMPETITION
THE LIFESTYLE CHANNEL’S “RATE MY PET” COMPETITION
TERMS AND CONDITIONS
ENTRY INTO THE COMPETITION
1. Entry into The LifeStyle Channel’s “Rate My Pet” competition (the “Competition”) is open to all residents of Australia over the age of 13. The Promoter is Foxtel Management Pty Ltd (ABN: 65 068 671 938) of 5 Thomas Holt Drive, North Ryde, NSW 2113, Australia (the “Promoter”). Information on how to enter forms part of the terms of entry. It is a condition of entry that all entrants under the age of 18 must have their parent or legal guardian’s express permission to enter this Competition in accordance with these Terms and Conditions. Entry into the Competition is deemed acceptance of these Terms and Conditions.
2. The officers, management and employees (or immediate family of an officer, manager or employee) of the Promoter, Optus, Telstra and the agencies associated with this Competition, or their related bodies corporate, are not eligible to enter.
3. Competition begins at 12:00am on Saturday 10 October 2015 and closes at 23:59hrs on Friday 16 October 2015 at (the “Competition Period”).
4. All times and dates are times and dates in Sydney, which may be AEST or AEDT depending on the date. All times are stated using the 24-hour clock. 00:00hrs is the start of a day and 24:00hrs is the end of a day.
5. To enter the Competition and be eligible to win, entrants must, during one of the entry periods listed in clause 25:
(a) Go to www.lifestyle.com.au/ratemypet (the “Competition Website”) or www.facebook.com/TheLifeStyleChannel (the “Facebook Page”) and click on the Competition tab; and
(b) Complete the online entry form; and
(c) sign up for membership with The LifeStyle Channel’s website (www.lifestyle.com.au); and
(d) Upload an original JPEG image (no more than 2 MB in size) which relates to one of the following categories (the “Photo”):
- Cutest Pets
- Naughtiest Pets
- Dressed-Up Pets
- Animal Friends
- Owners & Pets
- Talented Pets
- Sleeping Pets
- Funniest Pets
6. An entrant’s Photo must not be:
(a) late;
(b) delayed;
(c) incomplete;
(d) incomprehensible;
(e) unlawful;
(f) obscene;
(g) defamatory;
(h) libellous;
(i) threatening;
(j) pornographic;
(k) harassing;
(l) hateful;
(m) racially or ethnically offensive;
(n) capable of encouraging conduct that would be considered a criminal offence;
(o) capable of violating any law; and/or
(p) capable of giving rise to civil liability.
7. Entrants may enter multiple times during the Competition Period and during each entry period. However, each Photo submitted by an entrant must be unique and original and must not incorporate material which has been previously published. The same photograph cannot be submitted in more than one category.
8. Entrants must ensure that their entries are received by the Promoter during the Competition Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the entrant. The Promoter takes no responsibility for late, lost or misdirected entries or for any delays or failures in any telecommunications services or equipment.
9. Entry via the Competition Website/Facebook Page is free. However, any costs associated with accessing the Competition Website/Facebook Page are the responsibility of the person seeking access and are dependent on the internet service provider used.
10. Entrants are only permitted to have one entry included in the Weekly Top 10. If an entrant has more than one Photo in the Weekly Top 10, the Photo/s with the least votes will be removed from the Weekly Top 10 or if Photos have equal votes, the Promoter, in its sole discretion, has the right to remove one of the Photos from the Weekly Top 10.
11. All eligible entries will be uploaded to a gallery on the LifeStyle Group Channels website at www.lifestyle.com.au (the “Website”) and will be displayed to the public. Visitors to the Website will be able to vote for their favourite Photo from each category. Visitors will be permitted one vote per Photo per day during the Competition Period. For example, a visitor can vote once for 1 or more Photos but not the same Photo twice within a 24 hour period. Visitors are encouraged to vote for their favourite Photos. The 10 Photos that receive the highest number of votes each week will form the basis of the Weekly Top 10. Subject to these Terms and Conditions, the Promoter will choose the winner each week from the Weekly Top 10.
12. All entries must include the entrant’s name, address, postcode, email address and date of birth. Incomplete entries or those which, in the opinion of the Promoter, do not comply with clauses 6 and 32 of these Terms and Conditions, will be ineligible to win a prize. It is each entrant’s responsibility to inform the Promoter if his/her residential address, email address or phone number changes during the Competition Period.
13. Any entry that is made on behalf of an entrant by a third party will be invalid. Entrants must make their Competition Website/Facebook Page entries manually using an internet browser. The use of any automated software or any other mechanical or electronic means that permits the participant automatically to enter repeatedly is prohibited (a “Repeat Entry Device”). If the Promoter reasonably believes that an entrant is using any Repeat Entry Device, the Promoter may disqualify that entrant without notice.
14. All entries to the Competition may be subject to verification by the Promoter. An entrant must, within seven (7) days of being asked, at the Promoter’s cost, allow the Promoter to inspect and copy any documents the Promoter may request establishing eligibility to enter the Competition, including but not limited to evidence of age, residence and/or identity.
15. The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that a winner cannot provide suitable proof of eligibility, they will forfeit their prize in whole and no substitute or compensation will be offered.
16. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant:
(a) fails to establish their entitlement to win the Competition to the Promoter’s satisfaction; or
(b) fails to produce items as required by clause 14 or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
(c) appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or
(d) has submitted an entry that is not in accordance with these Terms and Conditions.
PRIZE
17. There is ONE (1) prize in total to be won over the entire Competition Period (one Prize for the entry period). Each prize consists of one (1) x Philips Pasta & Noodle Maker worth $339.00 RRP.
THE TOTAL MAXIMUM PRIZE POOL VALUE IS $339.00
18. All prize values are the recommended retail values as provided by the suppliers and are correct at the time of printing. The Promoter is neither responsible nor liable for any change in the value of a prize occurring between publishing date and date the prize is claimed. All prize values are in Australian dollars.
19. If a prize (or any part of a prize, if applicable) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification. The Promoter accepts no other liability or responsibility for any loss incurred by a winner or any other party if a prize (or any part of a prize, if applicable) is unavailable for any reason.
20. Prizes will be sent to the winner’s residential address. Once a prize has left the Promoter’s/supplier’s premises, the Promoter and the supplier will not be responsible for any delay in delivery or loss or damage to the prize.
21. Prizes are not transferable or redeemable for cash. Prizes or any element of a prize cannot be exchanged for any other prize/s. The contents of the prizes will be at the Promoter’s sole discretion. Prizes are subject to availability and the terms and conditions of the entities supplying the prize.
22. Winners are advised that tax implications may arise from them winning a prize and they should seek independent financial advice prior to accepting a prize.
JUDGING AND AWARD OF PRIZE
23. The Competition is a game of skill and chance plays no part in the selection of the winners. Winners will be chosen by the Promoter at 5 Thomas Holt Drive, North Ryde, NSW on the dates listed in clause 25. The Winners will be the entrants who, in the sole opinion of the Promoter, have submitted the most creative entry. Total number of votes and average rating received by an entry may be taken into consideration; however, they are not necessarily indicative of its chance of winning.
24. The Promoter’s decisions are final and no correspondence will be entered into.
25. One (1) winner will be chosen per entry period. The entry periods, closing dates, determination dates and winner notification dates are as follows:
Entry Period Closing Date Determination Date Winner Notification Date
WEEK 1 October 16 @ 23:59 October 20
@ 11:00 October 20
@ 11:30
26. Winners will be notified by email on the Winner Notification Date for the relevant entry period set out in clause 25. The winners’ names will be published on the Competition Website on the following business day.
27. Prizes must be claimed within 30 days of the publication of the winner’s name. All reasonable attempts will be made to contact the winners. If a winner cannot be contacted or does not claim the prize by the stipulated date, then that prize will be forfeited and a substitute prize will not be offered.
28. If the Determination Date is a public holiday, the determination will be conducted on the following business day.
29. Prizes will be awarded to the people named in the winning entries.
30. Prizes will be awarded to the winners in the Promoter’s sole discretion.
CONSENTS, WARRANTIES AND LICENCES
31. As a condition of entering this Competition, you consent to having your Photo and written answer (the “Entry Material”), name and state published on the Competition Website.
32. An entrant’s Entry Material must be the entrant’s original work and must not infringe the copyright, moral rights, trademark rights or any other rights of any third party. Each entrant warrants that:
(a) the Entry Material is their own original work and is not copied in any manner from any other works;
(b) he/she owns all rights and interests in the Entry Material and has obtained all express consent from:
i. any persons appearing in the Entry Material (or where a person appearing in a Photo is under the age of 18, consent must be obtained from that person’s parent or legal guardian); and
ii. the owner of any private property (including any items, objects, or real property) photographed;
(c) he/she has the full power and capacity to grant the rights and consents set out in these Terms and Conditions; and
(d) he/she will fully indemnify the Promoter against any loss or damages suffered by the Promoter in the event any of the warranties given by the entrant are false, or as a result of any breach of these Terms and Conditions by the entrant.
33. Entrants will retain ownership of copyright in their Entry Material. However, by submitting their Entry Material, entrants hereby grant the Promoter an irrevocable, non-exclusive, worldwide, royalty free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the Entry Material for the purposes of conducting and promoting this Competition, awarding a prize and advertising and marketing the Promoter or the Competition on all media now known or later devised, in perpetuity.
34. By entering the Competition, entrants consent to any use of their Entry Material by the Promoter which may otherwise infringe an entrant’s moral rights in the Entry Material, including (without limitation);
(a) Exercising any of the rights in the Entry Material without identifying the entrant; and
(b) Using the Entry Material in any way that the Promoter sees fit, even if it results in derogatory treatment of the Entry Material (as defined in the Copyright Act 1968 (Cth)).
GENERAL
35. The Promoter reserves the right to take any action necessary in its sole discretion at any time.
36. To the full extent permitted by the law, Facebook and the Promoter will not be liable for any loss, damage, claim, cost, expense or personal injury suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any entrant in connection with the Competition or the prizes, including:
(a) any indirect, economic or consequential loss or loss of profits; and
(b) any liability for personal injury or death.
37. This Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. Any questions, comments or complaints about this Competition must be directed to the Promoter (not Facebook) at the address given in clause 1 of these Terms and Conditions.
38. Entry and continued participation in the Promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at http://www.facebook.com/terms.php.
39. If, for any reason, the Competition is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of the Promoter that corrupt or affect the administration, security, fairness or integrity, or proper conduct of the Competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or take any other action, including to cancel, terminate, modify, or suspend the Competition.
40. Winners acknowledge that prizes may be subject to additional terms and conditions imposed by third parties. Winners must become acquainted with any such additional terms and conditions prior to taking a prize. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of a prize, or for the breach of those conditions by any person.
41. Except for any liability which cannot be excluded by law, the Promoter is not responsible for:
(a) any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Competition;
(b) any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Competition, or by any technical error that may occur in the course of the Competition; or
(c) any error; omission; interruption; deletion; defect; delay in operation or transmission; communications line failure; theft; or destruction or unauthorised access to, or alteration of, entries or entrants’ details.
42. Any attempt to cause damage to any website or the information on any website associated with this Competition or to otherwise undermine the fair and legitimate operation of this Competition may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.
43. These Terms and Conditions are governed by the laws of New South Wales. The Promoter and all Entrants irrevocably submit to the non-exclusive jurisdiction of New South Wales.
44. These rules are Terms and Conditions and constitute the entire terms and conditions between the Entrant and the Promoter with respect to the Competition and cannot be altered, modified, or amended.
45. All entries become the property of the Promoter.
PRIVACY
46. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected, used and disclosed as set out in the Foxtel Competition Privacy Notice for this Competition (at http://www.foxtel.com.au/got/support/new-to-foxtel/comp-privacy-notice.html) and the Foxtel Privacy Policy (at http://www.foxtel.com.au/about-foxtel/privacy/default.htm).
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