Bauer Media – Aust. House & Garden Sept 2017 Issue-The Kitchen – Win a Freedom Kitchen package valued at up to $14,000

AUST. HOUSE & GARDEN SEPT 2017 ISSUE- THE KITCHEN

Terms and Conditions

Instructions on how to enter and Prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Entry is open to residents of Australia aged 18 years and over only. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are not eligible to enter. . Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin. All entrants must enter the competition for recreational purposes only.
Only one entry per person will be permitted.

The promotional period commences on 7th August, 2017 and closes at 11:59pm (AEST) on 3rd September, 2017 (“Promotional Period”). The judging will be done by a panel of judges appointed by the Promoter. The judging will take place at Bauer Media, 54 Park Street, Sydney NSW 2000 and will begin on 8th September, 2017. The winner will be notified by email and telephone using contact details provided in their entry.

To enter, entrants must go to http://www.homestolove.com.au/ahg, follow the prompts to the competition entry page, complete the entry form including their full name, mailing address, current email address, daytime telephone number and answer to the competition question in 25 words or less ‘What would be your ‘must have’ in your dream kitchen, and why?’ and submit the entry as instructed so that it is received during the Promotional Period.
This is a game of skill; chance plays no part in determining the winner. Each entry will be individually judged based on its literary and creative merit of the answer provided to the competition question and suitability to the promotion. 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.
To the extent permitted by law, the Promoter is neither responsible nor liable for late, lost or misdirected entries, or entries not received by the Promoter for any reason whatsoever. No responsibility will be taken by the Promoter in the event that the original entry is lost or damaged in editing.
Incomplete or incomprehensible entries will be ineligible and discarded.
An entry must not be, without limitation:

a) late;
b) delayed;
c) incomplete;
d) incomprehensible;
e) unlawful;
f) obscene;
g) defamatory;
h) discriminatory;
i) libellous;
j) threatening;
k) pornographic;
l) harassing;
m) hateful;
n) racially or ethnically offensive;
o) capable of encouraging of conduct that would be considered a criminal offence;
p) capable of violating any law;
q) capable of giving rise to civil liability.

10. Any entry which the judges deem inappropriate or a breach of this clause will be invalid.

11. All decisions relating to the conduct of the Promoter and Promotion, including, but not limited to, the selection of any and all parts of an entry to be published, and the awarding of Prize, are at the sole and exclusive discretion of Promoter and are final and, to the extent permitted by law, are not subject to appeal.

12. Failure to comply with the Terms and Conditions may result in disqualification and/or forfeiture of Prize at the Promoter’s sole discretion.

13. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

14. Entrants warrant to the Promoter that the entry submitted is an original literary work of the entrant that does not infringe the rights of any third parties. If the entry or any part of the information provided to the entrant in relation to the entry was provided by a third party, the Entrant warrants that they have obtained the relevant copyright permission to submit the entry for the purposes of this promotion. The entrant agrees to indemnify the Promoter against all claims and costs by third parties arising from a breach of the warranty set out in this condition.

15. Each entrant grants to the Promoter an irrevocable, worldwide and perpetual license to use any of the entries submitted in any manner and for any purpose at its absolute discretion, including using the entries for future Promoter’s or their agents book publications, promotional, marketing and publicity purposes without any further reference or payment or other compensation to the entrant. The Promoter is entitled to amend, edit, select, crop, retouch, add to or delete from any part of any submitted entry. Entrants consent to any use of their entry which may otherwise infringe the creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights.

16. The Promoter will not be liable for any breach of copyright. The entrant will be solely responsible for their own entry and the consequences of submitting such entry. The entrant represents and warrants that:

a) Their entry is their own; and
b) They own or have all necessary licenses, rights, consents and permissions to use and authorize the Promoter to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all entries to enable inclusion and use of the entries in the manner contemplated by these Terms and Conditions.

17. It is a condition of entering the competition, that the entrant agrees to the use of their entry as determined by the Promoter or its agents, including but not limited to for a story or feature on the promotion to be developed and featured in Australian House & Garden magazine, website or social media pages (or any other form of media the Promoter deems suitable) without further remuneration or reference to the entrant. The inclusion of any such feature (including but not limited to creative control of the feature) will remain with the Promoter at all times.

18. The best (1) entry, as deemed by the judges, will be deemed the winner and will win a Freedom Kitchen package (“Prize”), comprised of:

a) Kitchen cabinets from the DIY Essential Kitchens range and a Caesarstone® Classico benchtop, valued at up to a total of AU$12,000, including delivery; and
b) Inalto or Teka kitchen appliance pack, including an oven, gas cooktop, slide-out rangehood and dishwasher valued at up to $2,000.

The total Prize pool is valued at up to $14,000.00 (including GST). The winner will have a choice of (including but not limited to) specific colours and finishes to include in the kitchen, subject to availability and the allocated value at all times. The lists of available choices will be provided by the service provider at the time of winner notification.

19. For the removal of doubt, the Prize does not include:
(a) installation of kitchen (including cabinets, benchtop or appliances), trades works, kitchen lighting and glass splashbacks, tiles, appliances other than specified, ceiling lighting or flooring or other kitchen accessories including but not limited to sink, taps, refrigerator, etc;
(b) any gas, electricity, water or associated costs incurred in before, during or after the claiming, installing and using of the Prize;
(c) any accommodation, meals or other spending money incurred in relation to or ancillary to claiming or using the Prize;
(d) any other ancillary or incidental expenses incurred in connection with the Prize, whether before, during or after installation;
(e) any insurances or taxes;
(f) any construction, electrical, tiling or plumbing services;
(g) any ongoing maintenance costs;
(h) any costs in excess of the allocated budget per component of the Prize or any other ancillary costs associated with redeeming this Prize.

20. Winner is responsible for all of the trade works required, such as plumbing, electrical and tiling. Much of this work will need to be completed before the kitchen can be installed. The Freedom Kitchens team will make all reasonable attempts to assist the winner with contacts for these trades where needed. Any ancillary costs associated with redeeming the Prize are not included. These are the responsibility of the winner.

21. Prize must be taken as offered. The Prize, or any unused portion of the Prize, is not transferable or exchangeable and cannot be redeemed as cash. The Prize cannot be used in conjunction with any other special offer. The Prize is valued in Australian dollars. The Promoter accepts no responsibility for any variation in the Prize value. Prize winner is advised that tax implications may arise from their Prize winnings and they should seek independent financial advice prior to acceptance of their Prize.

22. Products included in Prize package (including but not limited to available titles, colour, design, sizing, model, finish, style etc) will be determined by the Promoter in its complete discretion. Prize must be taken as offered.

23. The Prize will be delivered to the nominated address of the Prize winner. Delivery of the Prize is valid to any state and/or city in Australia.

24. The Prize must be redeemed in full, as a package by 31st December, 2017. Freedom Kitchens will contact the winner after winner notification to organise redemption of the Prize.

25. In the event that for any reason whatsoever the Winner does not take the Prize at the time stipulated by the Promoter, then the Prize will be forfeited by the winner and cash will not be awarded in lieu of the Prize.

26. In the event that a Prize, or part of a Prize, is unavailable, the Promoter reserves the right to substitute the Prize or part of the Prize in its discretion with an alternative prize or part of the prize to the same and equal recommended retail value and/or specification.

27. To the extent permitted by law, the Promoter is neither responsible nor liable for any late lost or misdirected mail (including but not limited to Prize).

28. To the extent permitted by law, the Promoter makes no representations or warranties as to the quality/suitability/merchantability of any of the goods/services offered as prizes.

29. The Promoter is not responsible nor liable for any Prize damaged in transit in the delivery of their Prize

30. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

31. In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including but not limited to natural disaster) the Promoter reserves the right to cancel, terminate, modify or suspend the promotion.

32. If a medical circumstance in some way restricts your ability to enter the competition through the required mechanic, you are still eligible to enter however you must contact the Promoter and briefly state your circumstances upon entry.

33. If your entry is selected as a winning entry, validation of your circumstances/ the validity of your entry will be undertaken by the Promoter. Method of validation (without limitation) will be determined by the Promoter in its complete discretion..

34. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective 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.

35. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (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 Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use or installation of the Prize.

36. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

37. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

Privacy:
38. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its privacy policy, which can be accessed by visiting http://www.bauer-media.com.au/privacy.htm. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may also, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct PI to the Promoter and direct any complaints regarding treatment of their PI according to the Privacy Policy. All entries become the property of the Promoter. . The Promoter may share PI overseas, see the Privacy Policy for more details.

39. The Promoter is Bauer Media Pty Ltd (ABN 053 273 546) of 54 – 58 Park Street, Sydney, NSW 2000. Phone: 02 9282 8000.