CLEO Wildcard Competition 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: 12pm (Sydney time)
1.6 Closing date: 15 February 2010
2. How to enter
2.1 There are two (2) ways to enter this competition:
A. Nominate a bachelor
To enter, entrants must:
a) Read and accept these terms and conditions (the ‘Nomination Wildcard Competition’ Terms and Conditions);
b) visit www.cleo.com.au and follow the links to the Bachelor Wildcard Competition registration page
c) Register their details (entrant’s name, contact telephone number email and all other required details); and
d) Send an official nomination email (‘Nominating Email’) to a person they wish to nominate for the CLEO ‘Wildcard’ in the CLEO Bachelor 2010 competition. The nominee (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;
In order to be a valid entry, the Wildcard nominated by the entrant must register himself in the CLEO Bachelor Wildcard Competition as a CLEO ‘Wildcard’ by clicking on the hypertext link contained in the Nominating Email to the Bachelor Wildcard Competition registration page, completing the relevant registration form on the registration page www.cleo.com.au, and reading and accepting the terms and conditions of the CLEO Bachelor Wildcard Competition available from www.cleo.com.au.
B. Nominate yourself
To enter, entrants must:
a) Meet all of the criteria specified in Condition 2.1(a)(d)
b) Read and accept these terms and conditions;
c) visit www.cleo.com.au and follow the links to the Bachelor Wildcard Competition registration page ;
d) Nominate themselves as a Wildcard for the CLEO ‘Wildcard’ in the CLEO Bachelor 2010 competition by completing the relevant registration form (including providing all of their details (entrant’s name, contact telephone number email and all other required details) and uploading a photograph of themselves)).
e) Read and accept the terms and conditions of the CLEO Bachelor Wildcard Competition available from www.cleo.com.au.
2.2 Instructions on how to enter and prizes form part of these conditions of entry.
2.3 Participation in this promotion is deemed acceptance of these conditions of entry.
3. Prizes
Four (4) Monthly Prizes and one (1) Major Prize will be awarded.
A. Monthly Prize:
3.1 Four (4) entrants will win of 1 x Red Balloon “Dollar gift certificate” valued at $250 (‘Monthly Prize’). There will be one (1) Monthly Prize winner for each of the following monthly periods:
• Monthly Period 1: 19 October 2009 to 18 November 2009
• Monthly Period 2: 19 November 2009 to 18 December 2009
• Monthly Period 3: 19 December 2009 to 18 January 2010
• Monthly Period 4: 20 January 2010 to 15 February 2010
The total value of each Monthly Prize is $250
B. Major Prize:
3.2 One (1) entrant will win 1 x Red Balloon gift voucher valued at $250 and 1 x yearly subscription (12 issues) to CLEO Magazine valued at $69.95 (‘Major Prize’)
The total value of this Prize is $319.95
3.3 The total value for the Prize Pool is $1,069.95
Terms applicable to all Prizes
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 All prize items are valued in Australian dollars inclusive of GST and the Promoter takes no responsibility for any variations in item values. The prize/s is not transferable, exchangeable or redeemable for cash. In the event that any prize item is unavailable, the Promoter reserves the right to substitute a prize item of equal or greater value. Any taxes (other than GST, if any) which may be payable as a consequence of a winner receiving the prize are the sole responsibility of the winner.
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.
3.7 The gift voucher must be redeemed in full by the closing date stated on the voucher. The promoter shall not be liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way. Redemption of the gift voucher is subject to terms and conditions stipulated on the voucher.
For more information on Red Balloon experiences and how to redeem the vouchers, visit the Red Balloon website, at http://www.redballoondays.com.au/
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 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.
5. Entrants bound by conditions
5.1 By participating, entrants agree to be bound by these conditions.
6. Judging time and dates and winner notification
6.1 One (1) winner will be selected for each Monthly Period:
• Monthly Period 1 – the winner will be selected on 20 November 2009 at 11am (Sydney time) and will be notified the same day.
• Monthly Period 2 - the winner will be selected on 21 December 2009 at 11am (Sydney time) and will be notified on the same day.
• Monthly Period 3 - the winner will be selected on 20 January 2010 at 11am (Sydney time) and will be notified on the same day.
• Monthly Period 4 - the winner will be selected on 15 February 2010 at 1pm (Sydney time) and the winner will be notified on the same day.
6.2 The Major Prize Winner will be selected on 15 February 2010 at 10am (Sydney time) and will be notified on the same day.
6.3 All winners will be notified by telephone and/or email, using the details provided in their entry.
7. Selection of the winner
7.1 At the times and dates specified in Conditions 7, the judges will choose the winners.
7.2 The Monthly Winners will be selected as the entrant who has nominated the Wildcard who has received the most audience votes in a Monthly Period as at the times and dates specified in Condition 7.1 (judged by CLEO website users by means of online voting). Votes received for a Wildcard in a previous Monthly Period will not be carried forwarded to subsequent Monthly Periods.
7.3 The Major Prize Winner will be selected as the entrant who nominated the Wildcard who has received the most overall aggregated audience votes across the four (4) Monthly Periods (19 October 2009 to 15 February 2010) as at the time and date specified in Condition 7.2 (judged by CLEO website users by means of online voting).
7.4 Chance plays no part in determining the winner/s.
7.5 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 It is a condition of the awarding of each prize that the winner/s must, if requested to do so by the Promoter, sign and return any Affirmation of Eligibility to Enter, Ownership of Entry, 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/s.
8.4 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.
9. Limitations on entry
9.1 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 for future promotional, marketing and publicity purposes.
11. Use of Personal Information
11.1 The use of the personal information of all entrants (including the winners) may be used for promotional, marketing and publicity purposes in connection with this competition, the CLEO Bachelor 2010 Competition and any other future promotional, marketing and publicity purposes
11.2 The PI of the all entrants (including the winners) may be provided to other parties assisting the Promoter conduct this competition, including 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
12.1 This competition starts at the Sydney time and date specified in Conditions 1.3 and 1.4. Entries must be received by the Sydney time and date specified in Conditions 1.5 and 1.6.
13. No quality, etc, representations/exclusion of liability
The Promoter:
13.1 makes no representations or warranties as to the quality/suitability/merchantability of any of the goods/services offered as prizes;
13.2 accepts no responsibility for loss or damage to prizes in transit;
13.3 accepts no responsibility for late, lost or misdirected registrations; and;
13.4 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.
13.5 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.
13.6 If the winner or any guests are under 18 years old, the underage persons must be accompanied by a parent or legal guardian who signs any liability indemnity provided by the Promoter as a condition of the prize being awarded. Failure to return the signed releases and indemnities will result in the entitlement to the prize being forfeited and the selection of another winner.
13.7 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.
14. Use of Headings
14.1 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.
15. Internet
15.1 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.
15.2 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.
15.3 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.
15.4 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.
16.Liability, indemnity and release
16.1 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.
16.2 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.
16.3 In this Condition 17, “all claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising.
16.4 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.
16.5 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.
17. Promoter
17.1 The Promoter is ninemsn Pty Limited, ABN 33 077 753 461, Level 7 Tower Building, Australia Square, 264 George Street, Sydney NSW 2000.
18. Entire conditions
18.1 These conditions constitute the entire agreement of the parties relating to the entry and the conduct of the competition.