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TERMS & CONDITIONS
PARTICIPATION
1. This competition (the “PROMOTION”) is conducted by FOXTEL Management Pty Ltd (“FOXTEL”) ABN: 65 068 671 938 of 5 Thomas Holt Drive, North Ryde, NSW, 2113 (the “PROMOTER”).
2. The Promotion is a game of chance, and skill plays no part in determining the winners.
3. Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the Prize if they are a winner.
4. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.
5. The Promotion is only open to eligible entrants (the “ENTRANTS”), being individuals who:
a) are permanent residents of Australia; and
b) are FOXTEL, AUSTAR, Optus, or Telstra subscribers, or live in a household with a FOXTEL, AUSTAR, Optus or Telstra subscription and have the subscriber’s permission, and the subscriber’s account is not in arrears for the duration of the Promotion up to and including 13 July 2009; and
c) are over the age of 18, or if under 18 years of age have their parent’s or guardian’s permission before entering the Promotion;
and are not:
d) employees of the Promoter, AUSTAR, Optus, Telstra, or an employee of these companies’ related corporations or agencies or any other company associated with the Promoter and/or the Promotion; or
e) a spouse, de facto spouse, parent, child or sibling (whether natural or by adoption) of such an employee.
6. Entry to the Promotion commences at 19:30hrs on 06 April 2009 and closes at 23:59hrs on 10 April 2009 (the “PROMOTION PERIOD”). 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.
ENTRY
7. To enter the Promotion, during the Promotion Period an Entrant must watch the W Channel Drama Shows between 19:30hrs to 22:00hrs (the “DRAMA SHOWS”) each weeknight on the W Channel on the following dates:
i. Monday 06 April 2009;
ii. Tuesday 07 April 2009;
iii. Wednesday 08 April 2009;
iv. Thursday 09 April 2009; and
v. Friday 10 April 2009.
and enter using one of the following entry methods:
a) Look out for the code word (the “CODE WORD”) throughout the screening of the Drama Shows between 19:30hrs and 22:00hrs; and
b) SMS the Code Word along with your name, address and phone number to 199 44 144 (the “SMS NUMBER”);
OR
c) log on to www.wchannel.com.au (the “WEBSITE”) and fill in all the required data fields on the entry form and enter the Code Word.
8. The Entrant’s entry must not be, without limitation:
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.
9. Subject to the other conditions, an Entrant may enter the Promotion multiple times during the Promotion Period.
10. Entry via the Website is free; however, any costs associated with accessing the Website are the responsibility of the person seeking access and are dependent on the internet service provider used.
11. Entrants must make their internet entries manually using an internet browser. The Promoter may reject entries if it reasonably forms the opinion that an entry has been made using automated entry means or by use of a computer entry service.
12. SMS cost $0.55 cents per entry including GST.
13. SMS entries via the internet or computer generation are invalid and will not be accepted.
14. Entrants must ensure that their entries are received by the Promoter during the Entry Period. All entries are deemed to be received at the time of receipt by the Promoter, not 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 service or equipment. The Promoter accepts no responsibility for any SMS messages not received by the Promoter or for any delays in the delivery of any SMS message due to technical disruptions, network congestion or for any other reason.
15. The SMS entry mechanic is only open to consumers with a SMS compatible mobile phone connected to a service provider which permits text messaging to the SMS Number. Entrants should check with their individual service provider in this regard.
16. Should an Entrant’s contact details change at any time between the date that they enter the Promotion and 13 July 2009, the Entrant must notify the Promoter of this change immediately.
17. All entries to the Promotion may be subject to verification by the Promoter. An Entrant must, within 7 days of being asked, at the Promoter’s cost:
a) hand over to the Promoter any receipt (if applicable) issued at the point of entering; and
b) allow the Promoter to inspect and copy any other documents the Promoter may request establishing eligibility to enter or win, including evidence of age, residence or identity.
18. The Promoter can 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, that Winner will forfeit their prize in whole and no substitute will be offered.
19. Any entry that is made on behalf of an Entrant by a third party or otherwise by proxy will be invalid.
20. 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 enter the Promotion to the Promoter’s satisfaction; or
b) fails to produce items as required by condition 17 or produces items that are 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.
WINNERS
21. There will be 5 prize winners (the “WINNERS”) over the entire Promotion Period.
22. The Winners will be drawn electronically on 15 April 2009 at 10:00hrs (the “DRAW DATE”) by Beinteractive, Level 9, 155 George St, Sydney, NSW, 2000.
23. The Promoter’s decisions are final and no correspondence will be entered into.
24. Each Entrant can only ever win once, regardless of how many times they enter. However, this requirement does not apply to South Australian Entrants, in line with South Australian trade promotion regulations. South Australian Entrants can win multiple times for multiple entries.
25. The Winners will be notified by telephone and in writing within 2 days of the Draw Date. The Winner’s name will be published in The Australian newspaper on 29 April 2009.
26. All reasonable attempts will be made to contact the Winner. Subject, where relevant, to any directions given under the legislation regulating the Promotion, if any Prize is: (i) not claimed by a Winner within 3 months of the Draw Date; or (ii) forfeited for any reason, the Prize will be awarded to another Entrant in an unclaimed prize draw (the “UNCLAIMED PRIZE DRAW”) commencing at 12:00hrs on 15 July 2009 by Beinteractive, Level 9, 155 George St, Sydney, NSW, 2000. The Winner of the Unclaimed Prize Draw (also “WINNER”) will be notified by telephone and in writing within 2 days of the Unclaimed Prize Draw. The Winner’s name will be published in The Australian newspaper on 29 July 2009.
PRIZES
27. The Winner will win 1 of 5 Samsung 40" Full High definition LCD TV series 5, valued at a maximum of $2,000.00 (the “PRIZE”).
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $10,000.00
28. All Prize values are correct as at 6 March 2009. Prize values are reflective of the Recommended Retail Price and are in Australian Dollars. The Promoter takes no responsibility for any variations in Prize values.
29. If any Prize (or part of any 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, subject to the approval of the authorities that have issued permits for the conduct of the Promotion. The Promoter accepts no other liability or responsibility for any loss incurred by any Winner or any other party if any Prize (or part of any Prize, if applicable) is unavailable for any reason.
30. Prizes cannot be exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.
31. The Prize can be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow a Winner to transfer the Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.
32. Winners are advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to the acceptance of the Prize.
33. Once any Prize has left the Promoter’s/supplier’s premises, the Promoter and its agencies and companies associated with the Promotion will not be responsible for any delay in delivery, loss or damage to the Prize.
GENERAL
34. The Promoter reserves the right to take any action necessary in its sole discretion at any time, subject to any direction given under State permit regulations.
35. To the full extent permitted by the law, the Promoter and its agencies and companies associated with the Promotion (the “RELEVANT PARTIES”) will not be liable for any loss, damage, claim, cost, expense or personal injury which is suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any Entrant in connection with the Promotion or the Prizes, including: (i) any indirect, economic or consequential loss or loss of profits; (ii) any loss arising from the negligence of a Relevant Party; and (iii) any liability for personal injury or death.
36. If, for any reason, the Promotion 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, which corrupt or affect the administration, security, fairness or integrity or proper conduct of the 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, including to cancel, terminate, modify or suspend the Promotion subject to any direction given under the relevant State/Territory permit regulations.
37. The Winner acknowledges that the Prizes may be subject to additional terms and conditions imposed by third parties. The Winner must become acquainted with any such additional terms and conditions prior to taking the Prizes. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prizes, nor for the breach of those conditions by any person.
38. Except for any liability which cannot be excluded by law, the Promoter:
a) is not responsible for any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, 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 Promotion;
b) is not responsible for any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; and
c) is not responsible 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 or Entrants’ details.
39. Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion 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.
40. These Terms and Conditions are governed by the laws of the State of New South Wales.
41. These rules are Terms and Conditions and constitute the entire terms and conditions between the Entrant and the Promoter with respect to the Promotion and cannot be altered, modified or amended.
42. All entries become the property of the Promoter.
43. Authorised under permit numbers: NSW: LTPS/09/01887, ACT: TP 09/00853, VIC: 09/767, SA: T09/524.
PRIVACY
44. Your privacy is important to us. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected by or on behalf of the Promoter to enable it to administer the Promotion, publicise its Winners and to send Entrants marketing information where Entrants have consented. Entrants’ personal information may be disclosed to marketing and communications agencies in order to conduct this Promotion. Personal information about Entrants may also be disclosed to the authorities responsible for the regulation of gaming and lotteries. Winners’ names will be published and retained as required by relevant legislation and as specified in these Terms and Conditions. The personal information of each Winner may be provided to others assisting in the conduct of the Promotion, including the Promotion administrator, Prize suppliers and deliverers, and to regulatory authorities. Entrants can contact the Promoter by mail at PO Box 612, Moonee Ponds, Victoria, 3039 or by telephone on 131999, to request access to, or corrections of, any of the personal information that the Promoter holds about them. Entrants can access a copy of the Promoter’s Privacy Policy at: http://www.foxtel.com.au/privacystatement.htm.
