Lifestyle Channel – Submit your #MySpringHappy Photo to Win $500
My Spring Happy Competition
TERMS & CONDITIONS
DEFINITIONS
1. The following definitions apply to these Terms and Conditions:
a) “Closing Date” means 23:59hrs on Sunday 5 October 2014.
b) “Commencement Date” means 00:00hrs on Monday 1 September, 2014.
c) “Determination Date” means the dates outlined in clause 25.
d) “Entrant” means a person who enters the Promotion.
e) “Entry Material” has the meaning given in clause 13.
f) “Facebook Page” means the official LifeStyle Channel Facebook page located at www.facebook.com/lifestylechannel
g) “Instagram Page” means the official LifeStyle Channel Instagram page located at http://instagram.com/lifestylechannels/
h) “Prize” means a prize offered in the Promotion. “Prizes” means all of the prizes offered in the Promotion.
i) “Promoter” means Foxtel Management Pty Ltd ABN 65 068 671 938, of 5 Thomas Holt Drive, North Ryde, NSW, 2113.
j) “Promotion” means this competition.
k) “Promotion Period” means the period between the Commencement Date and the Closing Date.
l) “Relevant Parties” means the Promoter and the agencies and companies that are associated with the Promoter or the Promotion.
m) “Supplier” means the supplier of the Prizes.
n) “Website” means the LifeStyle Channel website located at http://www.lifestyle.com.au
o) “Winner” means an Entrant who wins a Prize including in the Unclaimed Prize Determination.
p) “Unclaimed Prize Determination” has the meaning set out in clause 29.
q) “Unclaimed Prize Determination Date” means Wednesday 10 December 2014.
2. 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.
PARTICIPATION
3. The Promotion is conducted by the Promoter.
4. The Promotion is a game of skill and chance plays no part in determining the Winners.
5. 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 a Prize if they are a Winner.
6. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.
7. This Promotion will be advertised on the Facebook Page and the Instagram Page.
8. An Entrant is eligible to win a Prize if they:
a) are a permanent resident of Australia; and
b) are over the age of 13 and, if under the age of 18, have their parent’s or guardian’s permission before entering the Promotion;
and are not:
c) employees of:
i. the Promoter, Optus, or Telstra;
ii. the Supplier;
iii. any corporations or agencies related to the entities in paragraphs (i) and (ii) above; or
iv. any of the Relevant Parties; or
d) a spouse, de facto spouse, parent, child or sibling (whether natural or by marriage or adoption) of a person who is an employee of any of the entities listed in paragraph (c) above.
9. Entry to the Promotion commences on the Commencement Date and closes on the Closing Date.ENTRY
10. To enter the Promotion, an Entrant must, during one of the Entry Periods listed below:
Entry Period Entry Opens Entry Closes Determination Date Weekly Judge
1 Monday 1 September 2014 @ 00:00hrs Sunday 7 September 2014 @ 23:59hrs Tuesday 9 September 2014 @ 10:00hrs Matt Moran
2 Monday 8 September 2014 @ 00:00hrs Sunday 14 September 2014 @ 23:59hrs Tuesday 16 September 2014 @ 10:00hrs Veronica Morgan
3 Monday 15 September 2014 @ 00:00hrs Sunday 21 September 2014 @ 23:59hrs Tuesday 23 September 2014 @ 10:00hrs Charlie Albone
4 Monday 22 September 2014 @ 00:00hrs Sunday 28 September 2014 @ 23:59hrs Tuesday 30 September 2014 @ 10:00hrs Andrew Winter
5 Monday 29 September 2014 @ 00:00hrs Sunday 5 October 2014 @ 23:59hrs Tuesday 7 October 2014 @ 10:00hrs Peter Maddison
For Facebook Entry
a) go to the Facebook Page;
b) become a fan of the Facebook Page; and
c) upload an image to Facebook (in JPEG format) which is consistent with all instructions provided by the Promoter and with these Terms and Conditions with the hashtag “#myspringhappy” and an answer to the following question in 10 words or less “what it is about Spring that makes you happy” (the “Entry Question”).
For Instagram Entry
a) follow the Instagram Page;
b) upload an image to Instagram (in JPEG format) which is consistent with all instructions provided by the Promoter and with these Terms and Conditions with the hashtag “#myspringhappy” and an answer to the following question in 10 words or less “what it is about Spring that makes you happy” (the “Entry Question”).
11. An Entrant’s entry must not be:
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.
12. Entrants may enter the Promotion multiple times provided that each Entry is unique. Only one (1) Prize will be awarded per person.
13. An Entrant’s image and answer (together the “Entry Material”) must be the Entrant’s original work and must not infringe the copyright, moral rights, trademark rights or any other rights of any third party. Each Entrant warrants that all Entry Material is their own original work and is not copied in any manner from any other work or works;
14. Entrants retain all ownership in their Entry Material. However, by submitting their Entry Material, Entrants hereby grant the Promoter an irrevocable, non-exclusive, worldwide, royalty free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the Entry Material for the purposes of conducting and promoting this Promotion, awarding the Prize and advertising and marketing the Promoter or the Promotion on all media now know or later devised, in perpetuity.
15. By entering the Promotion, Entrants consent to any use of their Entry material by the Promoter which may otherwise infringe an Entrant’s moral rights in the Entry Material, including (without limitation);
a) Exercising any of the rights in the Entry Material without identifying the Entrant; and
b) Using the Entry Material in any way that the Promoter sees fit, even if it results in derogatory treatment of the the Entry Material (as defined in the Copyright Act 1968 (Cth).
16. Each Entrant warrants that;
a) he/she has the full power and capacity to grant the rights, warranties and consents set out in these Terms and Conditions; and
b) he/she will fully indemnify the Promoter against any loss or damage suffered by the Promoter:
i. in the event any of the warranties given by the Entrant are false; and
ii. as a result of any breach of these Terms and Conditions by the Entrant.
17. Entrants must ensure that their entries are received by the Promoter during the Promotion Period. All entries are deemed to be received at the time of receipt by the Promoter, not the 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 services or equipment.
18. Entry via Facebook or Instagram is free. However, any costs associated with accessing Facebook or Instagram are the responsibility of the person seeking access and are dependent on the internet service provider used.
19. Entrants must make their entries manually using an internet browser. The Promoter may reject an entry if it reasonably forms the opinion that the entry has been made using automated entry means or by use of a computer entry service.
20. Should an Entrant’s contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Determination Date, that Entrant must notify the Promoter of their correct contact details immediately.
21. 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, allow the Promoter to inspect and copy any documents the Promoter may request establishing eligibility to enter the Promotion, including but not limited to evidence of age, residence and/or identity.
22. The Promoter may 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 of eligibility, that Winner will forfeit their Prize in whole and no substitute or compensation will be offered.
23. Any entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
24. 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 win the Promotion to the Promoter’s satisfaction; or
b) fails to produce items as required by Condition 21 or produces items that appear to be 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
25. There will be one (1) Winner determined from all entries received during each Entry Period (five (5) Winners in total). Each Winner will receive one (1) Prize.
26. The Winners will be chosen on the Determination Dates listed in clause 10 by The LifeStyle Channel judges outlined in clause 10. If a judge is unavailable for any reason, the Winner for that Entry Period will be selected by the Promoter at 5 Thomas Holt Drive, North Ryde, NSW, 2113. The Winners will be the Entrants who, in the sole opinion of the judges/Promoter, have most creatively answered the Entry Question.
27. The Promoter’s decisions are final and no correspondence will be entered into.
28. The Winners will be notified within three (3) business days of the relevant Determination Date, in writing to the Facebook or Instagram account used to enter.
29. All reasonable attempts will be made to contact the Winners. If a Prize is:
a) not claimed by the Winner by 9:00hrs on the Unclaimed Prize Determination Date; or
b) forfeited for any reason,
the Prize will be awarded to another Entrant in an unclaimed prize determination (the “Unclaimed Prize Determination”), which will take place at 11:00hrs on the Unclaimed Prize Determination Date and will be conducted by the Promoter at 5 Thomas Holt Drive, North Ryde, NSW 2113. The Winner/s of the Unclaimed Prize Determination will be notified in writing to the Facebook or Instagram account used to enter within three (3) business days of the Unclaimed Prize Determination Date.
PRIZES
30. Each prize consists of $500.00 cash, which will be paid either in the form of a cheque in the Winner’s name and crossed “not negotiable” or via EFT to a bank account nominated by the Winner.
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $2,500.00
31. All Prize values are correct as at 18 August 2014 and are expressed in Australian dollars. The Promoter takes no responsibility for any variations in the Prize values.
32. If a Prize 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. The Promoter accepts no other liability or responsibility for any loss incurred by any Winner or any other party if any Prize is unavailable for any reason.
33. Prizes cannot be refunded, transferred or exchanged and, except as expressly permitted by these Terms and Conditions cannot be taken as a monetary payment.
34. Once a Prize has left the Promoter’s/Supplier’s premises, the Promoter and the Relevant Parties will not be responsible for any delay in delivery or loss or damage to the Prize.
35. Prizes will be awarded to the person who owns the Facebook or Instagram account which submits the winning entry.
36. Unless expressly stated, all costs and expenses associated with taking a Prize become the responsibility of the Winner.
37. The Prize cannot be used in conjunction with any other discounts or special offers.
38. Winners are advised that tax implications may arise from them winning a Prize and they should seek independent financial advice prior to accepting a Prize.
39. If the Determination Date or Unclaimed Prize Determination Date is a public holiday, the determination will be conducted on the following business day.
GENERAL
40. 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.
41. To the full extent permitted by the law, Facebook, Instagram and the Relevant Parties will not be liable for any loss, damage, claim, cost, expense or personal injury 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:
a) any indirect, economic or consequential loss or loss of profits;
b) any loss arising from the negligence of a Relevant Party; and
c) any liability for personal injury or death.
42. Entry and continued participation in the Promotion is dependent on Entrants’ acting in accordance with the Facebook Statement of Rights and Responsibilities, available at https://www.facebook.com/legal/terms and/or the Instagram Terms of Use, available at http://instagram.com/about/legal/terms/# (as applicable).
43. This Promotion is in no way sponsored, endorsed, or administered by, or associated with, Facebook or Instagram. Entrants understand that they are providing their information to the Promoter and not to Facebook. Any questions, comments or complaints about this Promotion must be directed to the Promoter (not Facebook) at the address given in clause 1 of these Terms and Conditions.
44. 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 that 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 or take any other action, including to cancel, terminate, modify, or suspend the Promotion subject to any direction given under the relevant State/Territory permit regulations.
45. The Winners acknowledge that the Prizes may be subject to additional terms and conditions imposed by third parties. The Winners must become acquainted with any such additional terms and conditions prior to taking a Prize. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of a Prize, or for the breach of those conditions by any person.
46. Except for any liability which cannot be excluded by law, the Promoter is not responsible for:
a) any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, or 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) any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; or
c) 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.
47. 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.
48. These Terms and Conditions are governed by the laws of New South Wales. The Promoter and all entrants irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.
49. 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.
50. All entries become the property of the Promoter.
PRIVACY
51. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected, used and disclosed as set out in the Foxtel Competition Privacy Notice for this Promotion and the Foxtel Privacy Policy (at http://www.foxtel.com.au/about-foxtel/privacy/default.htm).