CLEO Bachelor Wildcard Terms and Conditions
1. Variables
1.1 Resident of: Australia only
1.2 Entrants Minimum age: 18 years
1.3 Start time: 10am (Sydney time)
1.4 Start date:19 October 2009
1.5 Closing time: 11.5912:00pmpm (Sydney time)
1.6 Closing date: 115 February March 2010
1.7 Judging dates: Between 02/03/2010 and 14/03/201015 February 2010
1.71.8 Judging time: 4pm (Sydney time)
1.81.9 Winner notified: 154 March 2010 at 5pm (Sydney time)
2. How to enter
2.1 To enter this competition (the ‘Bachelor Wildcard Competition’), entrants must:
a) Read and accept these terms and conditions;
b) Nominate themselves as a CLEO ‘Wildcard’ in the CLEO Bachelor 2010 Competition (the ‘Major Competition’) by visiting www.cleo.com.au and following the links to the Bachelor Wildcard Competition registration page;
c) Complete the Bachelor Wildcard Competition registration form by submitting their details (entrant’s name, contact telephone number email and all other required details); and
d) Upload a photo of themselves
2.2 All entrants (the ‘Wildcard’) must be:
a. A resident of Australia only
b. Male
c. 18 years of age or above
d. a bachelor: to be deemed a bachelor, nominees must not be married, engaged or in a de-facto relationship; and
e. able and willing to participate in the CLEO Bachelor 2010 Competition
2.3 Instructions on how to enter and prizes form part of these conditions of entry.
2.4 Participation in this promotion is deemed acceptance of these conditions of entry.
3. Prizes
3.1 One (1) entrant will win the opportunity to compete as one of the top 50 contestants in the Major Competition. The Major Competition will commence on 15 March 2010. This prize is of ‘money-can’t-buy’ value.
3.4 The judges’ decision in relation to any aspect of the competition will be final and binding on every person who enters. No correspondence will be entered into.
3.5 The prize/s is not transferable, exchangeable or redeemable for cash.
3.6 The Promoter makes no representations or warranties as to the quality/suitability/merchantability of any of the goods/services offered as prizes; and accepts no responsibility for loss or damage to prizes in transit.
4. Who may enter
4.1 The only persons who may enter and be awarded prizes are residents of the place specified in Condition 1.1, who have attained the age specified in Condition 1.2 (if an age is specified in that condition), who comply with conditions set out in Condition 2.2 and who are not (i) employees of, or contractors to, the Promoter or any of its agencies involved with this competition, or (ii) members of the immediate family of such employees and contractors.
4.2 "Immediate family" means spouse, de facto spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the employee/contractor.
“Promoter” means ninemsn Pty Ltd ABN 33 077 753 461.
5. Entrants bound by conditions
5.1 By participating, entrants agree to be bound by these conditions.
6. Judging time and dates and wWinner notification
6.1 The winner will be selected on 14 March 2010 at 10am (Sydney time) and will be notified on the same daydate and time specified in Condition 1.9 by telephone and/or email, using the details provided in their entry.
7. Selection of the winner
7.1 The fifty (50) entrants who have received the most overall aggregate audience votes in the Cleo Nomination Wildcard Competition (judged by CLEO website users by means of online voting) will be deemed to be the finalists of this competition (‘Finalists’).
7.27.1 At the time and date specified in Conditions 6.11.7 and 1.8, a panel of the judges comprised of members of the CLEO Magazine editorial team will choose one (1) winner from the fifty (50) Finalists. The winner will be selected by the editorial team of CLEO Magazine based on the following criteria: (a) the number of audience votes the entrant received in the Cleo Nomination Wildcard Competition (judged by CLEO website users by means of online voting); (b) the visual merit of the Finalistentrant; and (c) the literary and/or creative merit of the Finalist’s entrant’s entryies.
7.37.2 Chance plays no part in determining the Finalists or the winner.
7.47.3 The Promoter reserves the right to disqualify any entrant submitting an entry which infringes a third party’s intellectual property rights, or in the opinion of the Promoter, includes objectionable content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language.
8. Special conditions of entry
8.1 All entries must be:
a. the original independent creation of the entrant;
b. owned by the entrant; and
a. free of any claims, including copyright or trademark claims by other parties.
8.2 Entries must not:
a. have been published previously;
b. have won prizes or awards in other competitions;
c. be restricted in any way; or
d. infringe any third party rights.
8.3 By uploading a photograph to the Bachelor Wildcard Competition, the entrant warrants that the entrant is the author of the photograph and that the photograph is the original creation of the entrant and not the property of any other person. Entrants agree to waive and not to asset any moral rights in any such content. Entrants hereby grant to the Promoter (and ACP Magazines Ltd) an irrevocable licence to reproduce, publish and communicate to the public (by means of any and all media) the entrant’s photograph for the purpose of (a) facilitating the entrant’s participation in this Bachelor Wildcard Competition; (b) facilitating the winner’s participation in the Major Competition; and (c) promoting, advertising and/or marketing this Bachelor Wildcard Competition and/or the Major Competition.
8.4 By uploading a photograph to the Bachelor Wildcard Competition, the entrant warrants that the person appearing in the photograph is the entrant.
8.5 It is a condition of the awarding of the prize that the winner must, if requested to do so by the Promoter, sign and return any Affirmation of Eligibility to Enter, Ownership of Entry/Intellectual Property and Release and Compliance statements and confidentiality agreement provided to the winner by the Promoter. The failure to return the signed statements will result in the entitlement to the prize being forfeited and the selection of another winner.
8.6 The Promoter reserves the right, at any time, to verify the validity of entries, entrants and nominees (including an entrant or nominee’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.
8.7 It is a condition of the awarding of the prize that the winner confirms he is available between March 2010 and September 2010 to appear in photo-shots, media opportunities, interviews and any other promotional opportunities (including in connection to the Major Competition) that is deemed necessary by the Promoter or ACP Magazines Ltd.
9. Limitations on entry
10.1 Only one entry per person will be permitted.
10. Ownership of entries
10.1 All entries become the property of the Promoter.
10.2 The Promoter reserves the right to use the content of all entries (including images and photographs) for future promotional, marketing and publicity purposes.
11. Use of Personal Information
11.1 All entrants (including the winner) consents to the Promoter and ACP Magazines Limited, using their personal information for promotional, marketing, publicity and/or advertising purposes in connection with this Bachelor Wildcard Competition, the Major Competition and any other future promotional, marketing and publicity purposes.
11.2 The PI of the all entrants (including the winner) may be provided to other parties assisting the Promoter conduct this competition, including ACP Magazines Ltd, prize suppliers and deliverers, and to authorities that regulate this competition.
11.3 If an entrant does not truthfully provide all requested PI, the Promoter may determine that they are not eligible to win a prize. By participating, the entrant consents to receipt of any communication regarding the promotion, and other emails which inform the entrant of the Promoter’s products, services and events.
11.4 A request to access, update or correct any personal information should be directed to the Promoter.
12. Duration
13.1 This competition starts at the Sydney time and date specified in Conditions 1.4 and 1.5. Entries must be received by the Sydney time and date specified in Conditions 1.6 and 1.7
13. The Official CLEO Bachelor 2010 Competition
13.1 The winner may be required to read and accept any separate terms and conditions which may govern the Major Competition. In the event that the winner does not agree to those terms and conditions, he will be ineligible to participate in the Major Competition.
14. No quality, etc, representations/exclusion of liability
The Promoter:
14.1 makes no representations or warranties as to the quality/suitability/merchantability of any of the goods/services offered as prizes;
14.2 accepts no responsibility for loss or damage to prizes in transit;
14.3 accepts no responsibility for late, lost or misdirected registrations; and;
14.4 is not liable, to the extent permitted by law, for any loss suffered or sustained, to person or property and including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to the prize winner and, where applicable, to any family/persons accompanying the winner.
14.5 If the prize involves entry to an event and/or transport and accommodation, the winner and his or her guests must sign and return any liability release provided by the Promoter and/or its contractors as a condition of the prize being awarded.
14.6 Condition 14 does not affect, and is not intended to affect, any rights a consumer might have, which are not able to be excluded under applicable Australian consumer protection laws. To the fullest extent permitted by law, any liability of the Promoter or its servant or agents for breach of any such rights is limited to the payment of the cost of having the prize supplied again.
15. Use of Headings
15.1 Headings and subheadings are inserted for convenience only and shall not be used to interpret the text of these conditions in any way adverse to an interpretation in favour of the Promoter.
16. Internet
16.1 If for any reason this competition is not capable of running as planned, including but not exclusively infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the competition.
16.2 The Promoter assumes 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.
16.3 The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this competition.
16.4 CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
17.Liability, indemnity and release
17.1 In consideration for the Promoter accepting the Entrant’s entry, the Entrant releases and forever discharges the Promoter from all claims that the Entrant may have or may have had but for this release arising from or in connection with any entrant’s participation in this promotion; the winner’s acceptance and use of the Prize, and the winner’s guest’s acceptance and use of the Prize.
17.2 The entrant indemnifies and holds harmless the Promoter to the extent permitted by law in respect of any claim by any person (including but not limited to other entrants in the promotion), arising as a result of or in connection with the entrant’s participation in the promotion.
17.3 In this Condition 17, “all claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising.
17.4 Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence) for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) 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; (d) any variation in prize value to that stated in these conditions of entry; (e) any tax liability incurred by a winner or entrant; and/or (f) participation in the prize.
17.5 In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right (subject to reference to all relevant state and territory regulations) to cancel, terminate, modify or suspend the promotion.
18. Promoter
18.1 The Promoter is ninemsn Pty Limited, ABN 33 077 753 461, Level 7 Tower Building, Australia Square, 264 George Street, Sydney NSW 2000.
19. Entire conditions
19.1 These conditions constitute the entire agreement of the parties relating to the entry and the conduct of the competition.