Michael Hill – WIN A SPOT TO PLAY IN THE 2014 NZ Pro-Am Golf OPEN

Michael Hill “NZ Pro-Am Championship player” Competition
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Instructions on how to enter the Michael Hill “NZ Pro-Am Championship player” Competition (“Competition”) and prizes form part of these Rules. However, in any conflict between an instruction and these Rules, the Rules will prevail. By entering the Competition you agree that you have read and understood and agree to be bound by the Rules. Participation in this Competition is deemed acceptance of these Rules.
2. ELIGIBILITY: Entrants must have an official AGA golfing handicap of 18 or less for men or 21 and less for women. The Winner and guest must hold a valid current passport each (and neither must be subject to any visa or other entry/exit restrictions in New Zealand or exit/entry restrictions in Australia) and be able to travel on Wednesday 26th February – Monday 3rd March 2014. The Winner must provide and play with their own golf clubs and golfing attire. The Competition is open to legal adult residents of Australia, Officers, directors, employees, agents and representatives of the Sponsor (as defined below), any independent Competition judging organization, each of their respective parent, affiliated and related companies, associated agencies, suppliers of the materials and services related to this Competition and their immediate families, are not eligible to enter. A person who validly enters the competition is an “Entrant”.
3. COMPETITION PERIOD: The Competition will commence at 9:00am (AEST) on Saturday 11th January 2014 and will close at 11:59pm (AEST), Wednesday February 5th 2014 (“Competition Period”).
HOW TO ENTER: NO PURCHASE NECESSARY. Internet access required. For the purposes of this Competition and these Rules, an “Entry” shall include the “Submission”, and the “Entry Form”, as defined herein. Entrants can enter the Competition through the Competition page available on the Michael Hill website www.michaelhill.com.au. To enter, Entrants must visit the Competition Page during the Competition Period and complete and submit the entry form (“Entry Form”) as instructed, including Entrant’s first and last name, city, state, province/territory of residence, daytime telephone number and email address, and, answering the competition question, in fifty (50) words or less, “ Tell us your most memorable golfing moment” (“Submission”). Each Submission must adhere to the Submission Guidelines outlined herein. The Entrant must also sign up to the Sponsors mailing list by checking the necessary box on the Competition Page (Please note: an Entrant can subsequent to the conclusion of the Competition unsubscribe form the Sponsors mailing list at any time). Once completed, Entrant must click “submit” and Entrant will be entered into the Competition. If you do not want your Submission to be made public do not enter this Competition. An Entrant may submit one entry per day during the Competition Period.
4. Any entry that is made, or suspected to have been made, through automated means or scripts will be disqualified in Sponsor’s sole discretion. The clock used by the Sponsor in connection with this Competition is the official clock to determine the date and time the entry was received. All fields on the Entry Form must be complete unless indicated as optional. Entries must be received during the Competition Period. You can only use one (1) email address during the Competition. Any attempt to negate or by-pass these restrictions may result in disqualification.
By entering this Competition, you agree to be bound by these Competition Rules and the decisions of the Sponsor relating thereto. The judges’ decision in relation to any aspect of the Competition will be final and binding.
5. SUBMISSION GUIDELINES (“Submission Guidelines”):
Your Submission must be submitted to Sponsor through the Competition Page during the Competition Period. By participating in the Competition and submitting a Submission, each Entrant warrants and represents that his/her Submission:
a) Is an original work, created solely by the Entrant registered on the Competition Page, and over which the Entrant has all necessary rights, title and interest, including copyright (Note: altering a third party’s pre-existing work does not qualify as your original creation);
b) Does not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased;
c) Does not use the brand names, trade names, or trade-marks of any third parties;
d) Does not contain any reference to or likeness of any identifiable third parties;
e) Is suitable for family audiences and for display and publication on the Competition Page, in the sole determination of the Sponsor. Without limitation, Submissions shall not contain any content that is or contains: the promotion of unlawful behaviour, political in nature, profanity, nudity, explicit sexuality, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or is hatefully, racially, ethnically or otherwise offensive or objectionable;
f) Has been created specifically for this Competition, and has not been previously published, or entered into, or received any awards in, any other Competition or competition;
g) Is consistent with the Sponsor’s corporate image; and
h) Complies with these Competition Rules.
Each Entrant agrees to indemnify the Sponsor against all claims against the Sponsor or a third party and costs incurred by the Sponsor or a by third parties arising from a breach of the foregoing warranties and representations.
By entering this Competition and submitting a Submission, you agree that your Submission may be posted on the Competition Page (or other website as the Sponsor so determines) for public viewing. You hereby irrevocably, perpetually, and without limitation, grant the Sponsor the right and permission to use, post, publish, adapt, amend, crop, retouch, edit and/or modify such Submission (and your name in connection with your Submission) on the Competition Page (or other website as the Sponsor so determines), and waive all your rights, including moral rights, in and to the Submission, without notice or compensation. You will be required to sign a talent release form so images of yourself or your Entry or Submission may be used on behalf of the sponsor and agree to do so.
If you are selected as the winner, you agree to grant, without additional consideration, unless prohibited by law, all right, title and interest in and to your Submission to Sponsor for use in any manner or media (whether now known or hereafter devised) anywhere in the world, in perpetuity, for any purpose, including without limitation, for purposes of advertising Sponsor’s product or services and you agree to sign a release to this effect.
6. HOW TO WIN: This is a game of skill, chance plays no part in determining the winners. Each valid Entry will be individually judged based on: Literary Merit (50%) and Creative Merit (50%) (collectively, the Judging Criteria). At the end of the Competition Period, all Entries will be reviewed and judged by a judge or panel of judges (“Judges”) appointed by the Sponsor. The judging will take place at premises determined by the Sponsor in its absolute discretion
and will begin on Thursday February 6th and will be concluded within seven (7) days. The Judges will review the eligible Entries according to the Judging Criteria and determine one (1) winner.
In the event of the first winner selected cannot take the prize, there will be another winner selected.
The likelihood of being selected will depend on a combination of: (i) the total number of eligible Entries received and (ii) the skill exhibited by the Entrant in his/her Submission in satisfying the Judging Criteria. The judge’s decision as to the winning Entry is final and is entirely in the absolute discretion of the judges. No correspondence will be entered into.
7. PRIZE: There is only one Prize in this Competition and there will only be one winner. At the time of issuing of these Rules, the Prize value is NZ$14,000.00. The Prize comprises the following:
a. Economy return airfares (on an airline to be determined by the Sponsor at its absolute discretion) for two from your nearest Australian capital city to Queenstown, New Zealand. (Please note, the entrant is responsible for getting to and from the airport – this segment of the trip is not included in the transfers)
b. Airport transfers.
c. 6 nights accommodation (one room – the type of room will be determined by the Sponsor at its absolute discretion and is subject to availability at the hotel) at the Five Star Hilton Queenstown, including full breakfast daily.
d. A NZ$100 spa voucher for EFOREA at the Hilton (to be used during the 6 nights accommodation at the Hilton provided as part of the Prize).
e. Participation for one player in the NZ Pro-Am Championship (alongside the NZ Open) and you will be partnered with a professional (There is no guarantee by the Sponsor which professional the winner will be paired with and the winner agrees that it must accept the Sponsors determination as to the professional that the winner is paired with).
f. Transfers to the course daily.
g. A practice round on Wednesday 26th of February at either the Hills or Millbrook golf course (to be chosen by the winner).
h. Invitation for you to attend the opening ceremony function on Wednesday 26 February – this invitation is for all amateur and professional players only (partners are not included in this invitation).
i. Invitation to the official Cocktail Party for each player and their guests (2 people in total).
j. 1 player pass and 1 guest pass to Corporate Hospitality at The Hills to enjoy food and beverage each tournament day.
k. 1 player pass and 1 guest pass to players lounge at Millbrook during tournament days at Millbrook.
l. Car passes for VIP car parking at both the Hills and Millbrook during tournament days.
m. Entry passes into the golf for your guest for the four days of play.
n. Vouchers for 2 rounds of golf at The Hills, 2 rounds at Millbrook and 2 rounds at Jacks Point – to be used anytime within the following 12 months.
The prize must be taken as offered. The prize is not transferable or exchangeable and cannot be redeemed (in whole or part) as cash or as a credit however, Sponsor reserves the right to substitute a prize (or any part of the Prize) of equal or greater monetary value, in cash or otherwise, at its sole discretion, if a prize (or any part of the Prize) cannot be awarded for any reason. The prize is not valid in conjunction with any other offer, discount or promotion. The Sponsor accepts no responsibility for any variation in the prize value. Prize winners are advised that tax implications may arise from their prize winnings and should seek independent financial advice prior to acceptance of the prize. Winners are solely responsible for any taxes on winning a prize. Sponsor will not replace any lost or stolen prize. Any
ancillary costs associated with redeeming the prize are not included. These are the responsibility of the winners. The winners acknowledge and agree that the Sponsor may determine in its absolute discretion whether a part or parts of the Prize may be replaced with an alternative of equal value at eh Sponsors discretion.
8. PRIZE CLAIM CONDITIONS: The Selected winner will be notified via phone and by e-mail using the contact details given in their Entry, within 7 days of the Judges’ concluding their judging. Please check your email and spam filters are not set so as to prevent receipt of an email from the Sponsor. The Sponsor will provide the selected winner with further instructions regarding the process that the selected winner must follow to claim their prize. Selected winner may also be required to complete and return to Sponsor (or its authorized agent) by the deadline specified in the documents a written declaration/affidavit of eligibility and liability/publicity release or a declaration and release form, releasing the Sponsor and its respective affiliates or related companies, including without limitation each of their respective parent, sister and subsidiary companies, advertising and promotion agencies, suppliers of material and services related to the Competition, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Competition and their respective officers, directors, employees, agents, and other representatives from any liability in connection with this Competition or the acceptance, possession, use or misuse of any prize. The winners’ names may be published on the Michael Hill Facebook page and the Michael Hill website for a period of up to 28 days after winner determination.
The winners must claim their prize within three (3) days of the winners being notified they have won. If a winner does not claim their prize by 5.00pm (AEST) (3) three days after they have been notified by the Sponsor, cannot be contacted for any reason within three (3) days of winner determination, fails to provide release documents (as applicable), or other required documentation within the time and in the manner required by the Sponsor, or is unwilling or unable to comply with these Rules he or she will be disqualified and another Entry may be selected from the remaining valid Entries received by the Sponsor during the Competition Period (whom will be subject to the same provisions and requirements of this clause). In the circumstance where the prize is not awarded after two (2) Entrants are selected and subsequently disqualified, the prize will be forfeited and will remain the property of the Sponsor.
9. PERSONAL INFORMATION: Sponsor and its authorized agents and Competition service providers will collect, use, and disclose the personal information you provide when you enter the Competition for the purposes of administering the Competition and prize fulfillment. By entering into the Competition and accepting a prize, you consent to such collection, use, and disclosure of your personal information. The Sponsor may transfer or disclose such information to third parties as permitted by law, including but not limited to agents, contractors, service providers, prize suppliers and, for such purposes as required, to Australian, New Zealand, or US or other regulatory authorities. Entry is conditional on providing this information.
To the extent permitted by applicable law, Entrants consent to the Sponsor promoting the winner, and consent to the Sponsor (and other Competition Service providers) collecting their personal information to distribute marketing material via the e-mailing list Entrants join. Entrants are free to unsubscribe from the mailing list at any time. Personal information collected may be stored on servers outside of Australia; (and the personal information you provide may therefore also be subject to the laws of another jurisdiction).
To the extent permitted by applicable law, by accepting a prize, winner agrees to Sponsor’s, or its agents, use of his/her name (first name, last initial), city/state/province/territory of residence, Entry, Submission, picture, biographical information, statements, voice and likeness in any book publications, advertising and publicity Sponsor may conduct relating to the Competition in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without any further reference or payment or other compensation to the Entrant. To the extent permitted by law, the Sponsor and its service providers to the Competition may, for an indefinite period, unless otherwise advised, use the information 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 information to the Sponsor.
To the extent permitted by applicable law, by entering this Competition, the Entrant consents to receipt of any email regarding the Competition, and other emails which inform the entrant of the Sponsors (or other Competition service providers) other publications, products, services and events and to promote third party goods and services it may be interested in. If you do not want your information provided to any organisation not associated with this competition, please indicate this clearly to the Sponsor in writing.
The collection, use and disclosure of personal information provided in connection with this Competition is governed by Michael Hill Jeweller (Australia) Pty Ltd (please go to http://www.michaelhill.com.au/customer-service-privacy-security/privacy-policy.html
10. GENERAL CONDITIONS:
a) Any Entry which the Judges deem inappropriate will be invalid. All Entries become the property of the Sponsor. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. Competition is subject to all applicable federal, provincial and municipal laws and is void where prohibited.
b) The Sponsor reserves the right, at any time, to verify the validity of Entries and Entrants (including an Entrant’s identity, age and place of residence) by requiring proof of identity and to disqualify any Entrant who submits an Entry that is not in accordance with these Rules or who tampers with or attempts to tamper with or is suspected of tampering with the entry process the operation of the Competition and/or Competition Page, violates the Rules, or acts with intent to annoy, abuse, threaten or harass any other person. Sponsor may require a copy of such proof for its records. Acceptable forms of identification are at the sole discretion of Sponsor. Errors and omissions will be accepted at the Sponsor’s discretion. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights. If any provision of the Rules is determined to be invalid or otherwise unenforceable, then the Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS COMPETITION OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
c) It is the Entrant’s responsibility to provide correct details and ensure their Entry complies with and is received by the Sponsor in accordance with these Rules. Proof of Entry submission does not constitute proof of receipt. Sponsor accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible or misdirected Entries whether, without limitation, due to error, omission, alteration, tampering or theft or otherwise.
d) In the event of a dispute as to the identity of the person who submitted any Entry, the authorized account holder of the e-mail address submitted at entry will be deemed to be the entrant. The potential winner may be required to show proof of being the authorized account holder.
e) Any cost associated with accessing the Competition Page is the Entrant’s responsibility and is dependent on the Internet service provider used.
f) If this Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated by Sponsor, due to any reason beyond the reasonable control of the Sponsor, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, Sponsor 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, extend, terminate or cancel the Competition, or these Competition Rules, as appropriate, in whole or in part, at any time and without notice or obligation.
g) The Entrant also acknowledges and agrees that Sponsor require it to participate in other promotional activities, such as photo shoots, and agrees to participate in such activities and provide any further consents required by Sponsor for these activities.
h) Any flights that are provided as a part of the Prize in this Competition, will be provided and arranged at the absolute discretion of the Sponsor. The Sponsor will choose the airline to be flown and the type and value of any tickets. The winner has no right and agrees not to make any demands in relation to the airline tickets or the airline flown. Any airline tickets provided as part of this Prize will be subject to the terms and conditions of the airline (including any frequent flyer program rules and there is no guarantee of any frequent flyer point entitlements).
i) The Sponsor does not endorse or make any warranties or representations about any other service provider or other party that it may partner with or associate with during or to facilitate this Competition (a “Third Party”). It is the responsibility of the Entrant to satisfy itself regarding any Third Party and any dealings the Entrant has with that party including, but not limited to, the use of such party’s website.
To ensure clarity, any dealings with the Sponsor and a Third Party relating to this Competition do not constitute an agency relationship and the Third Party is not acting as the Sponsors agent.
The Sponsor accepts no responsibility or liability that any Entrant or other person may suffer or incur from the acts or omissions of a Third Party or the use by the Entrant or any other person of a Third Party’s website or other services and the Entrant specifically acknowledges and agrees to release and hold the Sponsor harmless in this regard.
11. LIMITATIONS OF LIABILITY AND RELEASES: Nothing in these Rules 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 State and Territories of Australia and New Zealand (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Sponsor (including its respective affiliates or related companies, including without limitation each of their respective parent, sister and subsidiary companies, advertising and promotion agencies, suppliers of material and services related to the Competition, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Competition and their respective officers, directors, employees, agents, and other representatives (the “Releasees”) 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 Competition, including the acceptance, possession, use or misuse of any prize.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Releasees are not responsible for and exclude 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 Sponsor’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 Sponsor) due to any reason beyond the reasonable control of the Sponsor; (d) any variation in prize value to that stated in these Competition Rules; (e) any tax liability incurred by a winner or entrant, as applicable; or (f) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections (g) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs (h) garbled transmissions or miscommunications; (f) failure of any e-mail to be received by or from the Competition judging organization or Sponsor for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Competition; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein. (j) any part of the Prize not being available or the cancellation of any part or the whole of the Prize that is necessitated due to factors beyond the Sponsor’s control.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you.
12. Facebook: This Competition is in no way sponsored, endorsed or administered by, or associated with Facebook. Each entrant acknowledges that they are providing their information to Michael Hill International Ltd and the Michael Hill Group and not to Facebook. Entrants unconditionally and irrevocably release and discharge Facebook from any and all liability in relation to this Competition.
13. The Sponsor is Michael Hill Jeweller (Australia) Pty Ltd (the “Sponsor”) of 7 Smallwood Place, Murrarie, Brisbane, QLD 4172 Australia and the phone number is (07) 3399 0200.
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