THE LIFESTYLE CHANNEL'S “MERRY MEMORIES” COMPETITION
TERMS AND CONDITIONS
ENTRY INTO THE COMPETITION
THE LIFESTYLE CHANNEL'S “MERRY MEMORIES” COMPETITION
TERMS AND CONDITIONS
ENTRY INTO THE COMPETITION
1. Entries into this competition (the “Competition”) are open to all permanent residents of Australia aged 18 years or over and possess a valid passport. 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. Entry into the Competition is deemed acceptance of these terms and conditions.
2. There are 2 stages to the Competition. Stage 1 of the Competition is game of skill in which chance plays no part in determining the winner. Stage 2 of the Competition is a game of chance in which skill plays no part in determining the winner.
3. The officers, management and employees (or immediate family of an officer, manager or employee) of the Promoter, the agencies associated with this Competition, Foxtel, Telstra Optus TV and their related bodies corporate are not eligible to enter.
4. The Competition begins at 00:01hrs (AEDT) on Monday, 1 December 2014 and closes at 23:59 hrs (AEDT) on Sunday, 28 December 2014 (the “Competition Period”).
5. There are two components this Competition:
? Stage 1: entrants can upload an original photograph that they feel captures the magic of Christmas. They can select from the following categories
a) Family
b) Pets
c) Holiday & Travel
d) Home & Garden
e) Food
f) Other
(“Photo”).
Viewers will be encouraged to vote for their favourite Photos. The 10 photographs that get the highest number of votes each week will form the basis of the Weekly Top 10 each week. And the Promoter will choose an entry each week to win the Weekly Prize. At the end of the competition period one entrant will win the Major Prize.
? Stage 2: One voter will win the Minor Prize at the end of the competition period.
Each entrant can elect to enter into either or both Stages of the Competition. Refer to the „Prizes? section on details of Prizes awarded in each Stage.
6. All eligible entries will be uploaded to a gallery on the LifeStyle Group Channels website at www.lifestyle.com.au (“Website”) and will be displayed to the public. Visitors to the Website will be able to vote for their favourite photo from each category. Votes will be taken into consideration when The LifeStyle Channel selects the winners (see Judging and Award of
Prizes? section for full details). Each Member of the website is allowed one vote per photo per day during the Competition Period. For example, a member can vote once for 1 or more photos but not the same photo twice within a 24 hour period.
7. All entries must include the entrant?s name, address, postcode, daytime phone number (including area code), mobile phone number (if applicable), email address and date of birth. All entries must be original and must not incorporate material which has been previously published. Incomplete entries or those which, in the opinion of the Promoter, infringes the intellectual property rights of any third party, contains any objectionable content, profanity or is potentially insulting, inflammatory or defamatory will be ineligible to win the 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.
ENTRY METHOD
8. Stage 1: To enter the Competition and be eligible to win a Stage 1 Prize, entrants must enter using the below method:
(a) Go to www.lifestyle.com.au/christmas
(b) Complete the online entry form;
(c) sign up for membership with The LifeStyle Channels website (www.lifestyle.com.au); and
(d) Upload an original JPEG image (no more than 2 MB in size) which captures the magic of Christmas and choose a relevant category:
- Family
- Pets
- Holiday & Travel
- Home & Garden
- Food
- Other
9. All entries uploaded to the „Merry Christmas? competition will be moderated. Please allow up to 72 hours for any eligible entry to appear on the application. Eligible entries will receive a confirmation email to confirm their entry has been uploaded to the application.
To be an eligible entry, each Photo must:
(a) the photograph must be an original work taken by the entrant personally.
Stage 1 entry limit: Entrants may upload as many Photos as they like, provided that each Photo is unique and original. Each valid Photo uploaded in Stage 1 constitutes one entry into the Stage 1 prize pool. Only one entry per person will be valid to be included in the top 10 each week. If an entrant has more than one submission in the top 10, the submission/s with the least votes will be removed from the top 10.
10. Stage 2: To enter the Competition and be eligible to win the Stage 2 Prize, entrants must enter using the below method:
a. Go to www.lifestyle.com.au/christmas;
b. Go to the gallery and vote for their favourite Photo that has been uploaded; and
c. Complete the entry form with all the details required, including (but not limited to) full name, email address and phone number. Mandatory details will be indicated on the entry form.
Stage 2 entry limit: Entrants can only vote once per photo, per day. Registered Stage 1 entrants cannot vote for themselves. Each vote constitutes one entry into the Stage 2 prize pool.
11. Any entry that is made on behalf of an entrant by a third party will be invalid. The use of any automated software or any other mechanical or electronic means that permits the participant automatically to enter repeatedly is prohibited (“Repeat Entry Device”). If the Promoter reasonably believes that an entrant is using any Repeat Entry Device or is entering the Competition using multiple accounts, the Promoter may disqualify that entrant without notice.
12. The Promoter reserves the right to verify the validity of entries and to immediately disqualify any entry which, in the opinion of the Promoter, includes inappropriate and objectionable content, profanity, and potentially insulting, inflammatory or defamatory statements. These entries will be disqualified from the Promotion and removed from the website page. The Promoter reserves the right to refuse to publish or remove from the website page, any entries that the Promoter reasonably believes infringes any third party?s intellectual property rights or otherwise breaches these Terms & Conditions.
13. Incomprehensible and incomplete entries will be deemed invalid.
14. Entries must be received by 23:59hrs (AEDT) on Sunday, 28 December 2014. No responsibility will be accepted by the Promoter for late, lost or misdirected entries and all entries are deemed to be received at the time of receipt of the entry into the Promoter?s database and NOT time of transmission by the entrant. The Promoter will accept no responsibility for any delays to entry caused by technical disruptions or malfunctions. The Promoter accepts no responsibility for out-dated or incorrect contact details or contact details by which the entrant cannot be contacted during business hours on the relevant dates.
PRIZE
Stage 1 Prizes
15. The number of votes received for each entry in Stage 1 of the Competition, will determine the top 10 each week and of these entrants one will win the Weekly Prize.
16. There are five (5) prizes to be won, consisting of four (4) Weekly Prizes and one (1) Major Prize available for the entrants. The Weekly Prizes and the Major Prize will be together referred to as the Prizes.
a. There is one (1) x weekly prize to be awarded for each week of the Competition Period. Each weekly prize consists of one (1) x $1000 gift voucher from Myer. The gift voucher is valid for 12 months from issue date (“Weekly Prizes”).
b. There is one (1) x major prize to be awarded at the close of the competition. The Major Prize will be a Holiday for 4 People to LEGO Land in Malaysia, valued at up to $13,300RRP and will consist of:
i. Return economy class airfares for 4 from Sydney to Singapore;
ii. All airline and airport taxes;
iii. Return private transfers from airport to accommodation;
iv. 6 nights? accommodation at The Legoland Malaysia Resort (or similar) family share;
v. Daily breakfast; and
vi. AUD$2,000.00 spending money.
(“Major Prize”)
17. The Major Prize winner will be selected by the Promoter from all eligible entries received by the close of the Competition Period. Public votes will be taken into consideration, but all selections will be at the sole discretion of the promoter.
Stage 2 Prizes
18. There is one (1) x minor prize to be awarded to at the close of the Competition. The minor prize will consist of one (1) x $1,000.00 gift voucher from Myer
(„”Minor Prize”)
Prize Terms
19. The total prize pool for the Competition is valued at a maximum of $18,300RRP. All Prize values are in Australian dollars and are based upon the recommended retail prices at the time of printing (inclusive of GST). The Promoter is neither responsible nor liable for any change in the value of the Prize occurring between publishing date and date the Prize is claimed.
20. Only one prize per household will be awarded for the Competition.
21. The Major Prize is subject to availability at all times and maybe dependent on select seat class with airlines or specific room category availability with accommodation partner. Travel is valid until Thursday 10 December 2015. Block out periods include Wednesday 10 December 2014 until Tuesday 20 January 2015 and from Saturday 20 June 2015 until Monday 10 August 2015 along with all other special event periods. All bookings must be made a minimum of 45 days in advance of requested departure dates.
22. For the Major Prize all bookings and documentation regarding the prize must be made via Free-2-Travel Holidays Pty Ltd or their agents. Redeeming the prize is conditional on acceptance of the terms and conditions of travel as detailed by Free-2-Travel Holidays Pty Ltd and the airline carriers in accordance with normal travel practices. No portion of the prize is redeemable for cash. The prize is no refundable or transferable.
23. Winner and companion must be in possession of a valid passport with a minimum of 6 months validity on it prior to departure.
24. The Major Prize Winner is responsible for any amendment fees issued by airlines or suppliers once booking is confirmed and ticketed. Visas, valid passports, additional spending money, meals (other than those included) and any other ancillary costs, including but not limited to insurance and any applicable insurance excesses, not listed in the travel prize package descriptions above are the responsibility of the travel prize winner and his/her nominated traveling companions as incurred. It is the winner's responsibility to organise transport to/from the airport departure/return point. Prize winner and travel companions must have valid travel insurance for their period of travel.
25. Entrants are advised that the Minor Prize and Voter Prize may be subject to prevailing terms and conditions of the prize supplier. It is each Prize winner?s responsibility to first check with the Prize supplier in respect of any such conditions of use. The prize supplier?s terms and conditions can be found at https://retail.myergiftcards.com.au/.
26. The Prizes are not transferable. The Prizes cannot be exchanged for any other prize. The content of the Prizes will be at the Promoter?s sole discretion. Product colours will be selected by the Promoter in its absolute discretion. Products are subject to availability and the terms and conditions of the entities supplying the Prize.
27. The Promoter takes no responsibility for any Prizes that are damaged, delayed or lost in transit. It is a condition of accepting the Prizes that each Prize winner must comply with any conditions of use of the Prize and the Prize supplier?s requirements.
28. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the Prize for a prize of equal or greater value, subject to State Regulation.
29. Unless expressly stated in these Terms and Conditions all ancillary expenses incurred in partaking in any of the Prizes are the responsibilities of the Prize winners.
30. All entrants understand that there may be tax or other implications following the award of the Prize and should seek independent advice. All entrants acknowledge that the Promoter may require the Prize winner to (and the Prize winner will) reasonably execute such further documents to limit the Promoter?s liability in relation to the Prize.
WINNER
31. The Stage 1 prize winners will be judged and awarded in the following format:
i. LifeStyle will establish a shortlist of 10 finalists from entrants with the highest number of votes. From this shortlist LifeStyle will choose a winner weekly for the Weekly Prize. Judging will take place at LifeStyle, Level 3, 5 Thomas Holt Drive, North Ryde, NSW 2113 at 10:00 hrs (AEDT) every Tuesday commencing 9 December 2014. Chance plays no part in the selection of the Stage 1 winners. The Stage 1 winners will be notified in writing within 3 business days of judging and their names published on the LifeStyle website.
ii. At the end of the competition period LifeStyle will choose a Major Prize winner from the complete pool of entrants. Judging will take place at LifeStyle, Level 3, 5 Thomas Holt Drive, North Ryde, NSW 2113 at 10:00 hrs (AEDT) on Monday, 5 January 2015. Chance plays no part in the selection of the Stage 1 Major Prize winner. The Stage 1 Major Prize winner will be notified in writing within 3 business days of judging and their names published on the LifeStyle Website.
All reasonable attempts will be made to contact the Stage 1 Winners. If a prize remains unclaimed by a winner or unallocated or forfeited for any reason, by 11:00 (AEDT) on Thursday, 5 February 2015, the prizes will be re-allocated by LifeStyle to the entrant that has submitted the entry which best meets the judging criteria excluding the entrant that has failed to claim the prize. The winner of the unclaimed prize judging will be notified in writing within 2 business days of this judging.
32. The Stage 2 Prize winner will be randomly selected from all eligible entries received by Salmat Digital Pty Limited at Level 2, 116 Miller Street, North Sydney NSW 2060 at 10:00 hrs (AEDT) on Monday 5 January 2015 . The Stage 2 winner will be notified in writing within 3 business days of the draw and will have their name published on the LifeStyle Website and in The Australian newspaper on Monday 12 January, 2015.
33. The Promoter shall conduct such further redraws as may be deemed necessary at Salmat Digital Pty Limited, Level 2, 116 Miller Street, North Sydney NSW 2060 at 11:00 hrs (AEDT) on Monday 6 April 2015 to distribute the Prize (if unclaimed by that date), subject to State Regulation. The redrawn winner of any unclaimed Prize will be notified in writing within 2 business days of the draw and will have their name published on the LifeStyle Website and in The Australian newspaper on Monday 13 April 2015
34. If a Prize winner cannot be contacted or does not claim the Prize by the stipulated date, then the Prize will be forfeited and a substitute prize will not be offered in lieu of the Prize subject to State Regulation.
35. It is the entrants? responsibility to inform the Promoter if their residential address, email address or phone number changes during the Competition Period. A request to access or modify any information provided in an entry should be directed to Promoter.
36. Prizes will be awarded to the person named in the entry. However, in a dispute, it will be awarded to the account holder of the entry mechanism used to submit the winning entry (i.e. internet account holder).
37. By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the duration of the prize.
CONSENTS, WARRANTIES AND LICENCES
38. As a condition of entering this Competition, entrants consent to having their Photo(s) and their name and state displayed on the Website.
39. Each photograph entry submitted by an entrant must be that entrant?s original work and must not infringe the copyright or any other rights of any third party. Each entrant warrants that:
a) each entry (including both the written answer and photograph) is their own original work and is not copied in any manner from any other works;
b) he/she owns all rights and interest in the Photo(s) submitted and have obtained all express consent from:
i. any persons appearing in the photos (or where a person appearing in a photo is under the age of 18, consent must be obtained from the minor?s parent or legal guardian); and
ii. the owner of any private property (including any items, objects, or real property) photographed
to enter the photo(s) for this Competition in accordance with these Terms & Conditions;
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 set out in this clause are false.
40. Entrants will retain ownership of copyright in their photograph; however, as a condition of entry, each entrant:
a) agrees that their name, image, biography and entries (including, but not limited to, any written answers, photographs/images and videos) may be reproduced, published, communicated, broadcast or shown to the public by the Promoter in any media for its promotional purposes, without compensation to the entrants; for this purpose, each entrant grants to the Promoter a non-exclusive, perpetual, worldwide, transferable and royalty-free licence in any such written answers, photographs /images and videos; and
b) consents to any act or omission by the Promoter which may infringe any of the entrant?s moral rights (within the meaning of the Copyright Act 1968 (Cth)), including: i) failing to attribute (or correctly attribute) the entrant?s authorship of the entry; or ii) making any modification, variation or amendment of any nature to the entry, whether or not it results in a material distortion or derogatory treatment of the entry.
41. Each entrant consents to any act or omission by the Promoter which may infringe any of the entrant?s moral rights (within the meaning of the Copyright Act 1968 (Cth)), including: i) failing to attribute (or correctly attribute) the entrant?s authorship of the entry; or ii) making any modification, variation or amendment of any nature to the entry, whether or not it results in a material distortion or derogatory treatment of the entry.
GENERAL
42. Any costs of using and accessing the website via a mobile phone, tablet or other devices will be dependent on the entrant?s individual mobile and internet service provider. The Promoter is not responsible for any costs associated with any mobile, telephony, internet, access and usage. The Promoter is not responsible for any other costs associated or incurred as a result of the entrant?s entry into the Competition.
43. All entrants agree to provide the Promoter or the Promoter?s authorised agent with proof of identity, residency, age and/or proof of entry validity if selected as a Prize winner or if reasonably requested by the Promoter or the Promoter?s authorised agent. Proof of age, identification, residency and entry considered suitable for verification is at the sole discretion of the Promoter. In the event that the Prize winner cannot provide suitable proof, the Prize winner will forfeit the Prize in whole and no substitute will be offered.
44. No responsibility will be taken by the Promoter, The LifeStyle Channel, LifeStyle YOU, LifeStyle FOOD, LifeStyle HOME, Foxtel, Telstra or Optus TV for any changes in dates, times or cancellations or other arrangements that may prevent the Prize winner from winning the Prize.
45. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter?s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation.
46. Subject to relevant state authority approval, the Promoter reserves the right, in its absolute discretion, at any time before the awarding of the Prize to cancel the competition or to vary or cancel the award of the Prize including, without limitation, circumstances where in the Promoter?s opinion (which it shall form in its absolute discretion):
(a) a Prize winner does not satisfy the Competition entry requirements; or
(b) the Promoter cannot conduct the Competition or award the Prize for any reason beyond its control.
47. Subject to relevant state authority approval, in the event that the Promoter cancels the Competition or varies or withdraws the Prize it shall not:
(a) be liable to any person for any loss or damage (including loss or damage caused by any negligence) arising out of, or in connection with, such cancellation, variation or withdrawal; and
(b) be required to conduct the Competition at any other time.
48. A decision of the Promoter in relation to the conduct of the Competition is binding and conclusive and no correspondence will be entered into.
49. Entrants enter the Competition at their sole risk. With the exception of liability which cannot be excluded by law, the Promoter shall not be liable for any loss or damage which is suffered (including but not limited to indirect or consequential loss) or for personal injury or illness suffered or sustained as a result of accepting or using the Prize or entering the Competition.
50. The Promoter reserves the right to cancel the award of Prize/s to, and/or disqualify any individual who, as determined in the sole discretion of the Promoter, has engaged in unlawful or improper conduct that is designed to jeopardise the fair conduct of the Competition. The Promoter reserves the right to cancel the award of the Prize where it has determined that the individual has engaged in unlawful or improper conduct or where it has otherwise breached these terms and conditions subject to State Regulation.
51. The Promoter reserves the right to disqualify any entrant in its absolute discretion including (without limitation) any entrant that breaches any term of these terms and conditions.
52. Salmat Digital Pty Limited and their associated agencies and companies assume no responsibility for 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, and reserves the right to take any action that may be available.
53. If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.
54. 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 Promotion and the Foxtel Privacy Policy (at http://www.foxtel.com.au/about-foxtel/privacy/default.htm).
55. If you require any further entry details please write to the Promoter at GPO Box 99, Sydney, New South Wales, 2001.
56. These Terms and Conditions are governed by the laws of New South Wales and each of the relevant State authorities.
Authorised under permit numbers NSW: LTPS/14/09081, ACT: TP 14/03990, VIC: 14/5719, S T14/2141.
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