Better Homes & Gardens – APT – Win this Amazing Prize (prize valued at $14,890)

Terms and Conditions (Skill Based Competition)
APT GIVEAWAY
General
1. Information on how to enter and prizes form part of the Terms and Conditions. Entry into this
competition deems acceptance of these Terms and Conditions.
2. To the extent of any inconsistency between these Terms and Conditions and any other reference to
this competition, these Terms and Conditions prevail.
3. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
You are providing your information to the Promoter and not to Facebook.
Who can enter
4. Entry is open to all residents of Australia except employees and immediate families of the Promoter,
associated companies and agencies and participating outlets. Immediate family means any of the
following: spouse, ex spouse, defacto 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. The Promoter is Pacific Magazines Pty Ltd, 8 Central Ave, Eveleigh
NSW 2015 (ABN 16 097 410 896).
5. All entrants may enter as many times as they like but only one prize will be awarded per person.
6. Entrants into this competition must be 18 years of age or older as at the date of entry.
How to enter
7. Enter as many times as you wish, by telling us in 25-words-or-less, your answer to the question
posed in the March issue of Better Homes and Gardens Magazine – “why would you like to go on a
luxury Vietnam and Cambodia river cruise with APT?” and posting your original answer online at
www.bhg.com.au/win
8. Entries must include all requested contact details and a 25-words-or-less answer to be eligible to
win. Each entry must be unique and received by the Promoter prior to the competition close date
and time.
When to enter
9. The competition commences on 01/02/18 at 09:00 AEDT and closes on 28/02/18 at 17:00
AEDT. The winner will be the best valid entry as judged by the judging panel, having regard to skill,
creativity and originality, at the Promoter’s premises on 05/03/18 at 11:00 AEDT. The Promoter
may select additional entries to be used as replacements in the event that the first entrant chosen as
a winner cannot satisfy these Terms and Conditions or take a prize.
10. The winner/s will be notified by email and published online at www.bhg.com.au on 09/03/18.
11. Prizes will be sent within 8 weeks.
Prize on offer
12. Total prize value is (up to) $14,890.00, as at 01/12/17. One (1) winner will each receive:
An eleven (11) day/ten (10) night APT Vietnam and Cambodia Highlights River
Cruise for two (2) adults in one (1) Deluxe Twin Balcony Suite (Cat. C) valued at
up to $11,890 – The prize includes a total of 26 meals for each of the two (2)
adults.
Two (2) x Economy return airfares to Ho Chi Minh City (Saigon), and returning
from Siem Reap or vice versa depending on the direction of the cruise, from the
winner’s nearest Australian capital city valued at up to $1,500 (per person)
(including taxes, depending on point of departure).
The total prize pool is valued at up to $14,890 (including taxes) (depending on
point of departure).
13. If the Promoter is unable to contact the winner to claim fulfilment of the promotional prize, that
winner will forfeit the prize in its entirety and it shall be awarded to the next runner up in the
promotion. The Promoter will not be liable for a winner who cannot be contacted and therefore
forfeits their prize and no correspondence will be entered into. And cash will not be awarded in lieu
of the prize.
14. The Prize must be redeemed in full and as a total package for two (2) and for travel in 2018 on the
scheduled departure dates between 10 September 2018 and 7 December 2018 only as determined
by APT. In the event, that the winner is unable to redeem the prize on the dates stipulated by the
Promoter and APT, and the winner is unable to transfer the prize to a nominated person, then the
prize will be forfeited by the winner and neither cash nor another prize will be awarded in lieu of the
forfeited prize. In the event that the entire prize is forfeited by the winner, the Promoter will award
the prize to the next best valid entry as determined by the judges.
15. The winner (and their companion) is responsible for all other expenses including passports, spending
money, meals (unless specified), drinks, transfers (unless specified), laundry charges, activities
(unless specified), incidentals, energy surcharges, gratuities, services charges, tours and activities,
visas, travel insurance and all other ancillary costs. Travel insurance is highly recommended to
protect against the additional costs incurred in the event of unforeseen circumstances.
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16. Prize must be taken by 07/12/18. In the event a winner does not take the prize by the time
stipulated, then the entire prize will be forfeited by the winner and cash will not be awarded in lieu
of the prize.
17. In the event that for any reason whatsoever a winner does not take an element of the prize at the
time stipulated by the Promoter then that element of the prize will be forfeited by the winner and
cash will not be awarded in lieu of that element of the prize.
18. A valid passport is required for all international journeys. It is the responsibility of the winner and
their travel companions to ensure they have all required passports and visas as required for travel to
the destination point. All costs associated with obtaining this travel documentation is the
responsibility of the winner.
19. The two (2) flights must be utilized at the same time, for the same travel dates, to the same
destination, to travel on the same cruise.
20. Transport to and from Departure point including but not limited to additional Domestic airfares if
required, any additional meals, any extra sightseeing or activities, any additional accommodation,
personal spending money, and all other ancillary costs, as well as obtaining any of these, are the
responsibility of the winner and their travel companions. Prize also excludes medical expenses, items
of a personal nature, beverages, optional tours not outlined, laundry, telephone calls, additional
nights, room upgrades or other ancillary costs associated with redeeming the prize other than those
specified. These costs and expenses are the responsibility of the winner. Any extension to the
duration of the prize is at the winner’s sole expense and subject to availability at the time of
booking. For the removal of doubt, taxes for international travel are included in the prize winning
international airfares provided by the Promoter.
21. Date changes are not permitted once the booking has been finalised. Once the booking is confirmed
and ticketed, normal APT cancellation charges apply and will be the sole responsibility of the winner.
Refer to www.aptouring.com.au/conditions for full booking conditions.
22. If unforeseen circumstances beyond the Promoter or APT’s control require a change in the prize,
departure or any part of the tour, APT will provide the winner with an alternate holiday of equal
value at their discretion.By entering the competition, and by collecting a prize, the winner
acknowledges and accepts that driving, travel and any other activities comprising the prize, are
inherently dangerous and may result in death, injury, incapacity, damage to property or other
losses. The Promoter is not responsible for any acts of god, such as adverse weather conditions or
industrial action or civil commotion that may occur whilst the winner is travelling. It is the
responsibility of the prize-winner to enquire about local issues and conditions at destinations prior to
travel. The Promoter does not guarantee that the winner will enjoy the travel prize or be suited to
the type of travel prize that is offered.
23. Compliance with any health or other government requirements is the responsibility of the prize
winner and their travel companions. All prize travel will be subject to the carrier’s General Conditions
of Carriage. The Promoter and carrier make no representation as to the safety, conditions or other
issues that may exist at any destination. International travel advice can be obtained from various
sources, including local government, local consular offices and the web site of the Australian
Department of Foreign Affairs and Trade at www.smartraveller.gov.au. Prizes for travel for a
particular event or attraction must be taken to coincide with the event or the times and dates during
which the attraction is available.
Further Terms and Conditions
24. The Promoter reserves the right to amend these Terms and Conditions if this competition cannot be
run as originally planned. The Promoter may also cancel or suspend this competition if an event
beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity
or proper conduct of this competition. The Promoter will disqualify any individual who has tampered
with the entry process or any other aspect of this competition.
25. The Promoter and their associated agencies and companies will not be liable or responsible for any
problems or technical malfunction of any telephone network or lines, computer on line systems,
servers, or providers, computer equipment, software, technical problems of the phone or of any
phone network, or any misadventure, accident, injury, loss (including but not limited to
consequential loss) or claim that may occur; whilst undertaking any travel won on or connected with
their entry; in the participation in any prize; as a consequence of late, lost or misdirected mail, email
SMS or phone call; due to the broadcast of any program relating to the competition or the
publication of any material, including any statements made by any compere, staff member,
journalist, other entrants or any other person; any injury or damage to entrant’s or any other
person’s computer software or phone; or any combination thereof, related to or resulting from
participation or sending or receiving of any communication or of any materials in this competition.
26. All entrants must submit ONLY their own original answers, designs and works. Any such answers,
designs or works cannot be previously published in any forum worldwide. All entries become the
property of the Promoter and cannot be returned. Entries that are found to have been derived from
the designs of a third party will be considered invalid and, if awarded a prize, that prize must be
returned to the Promoter. The winner may be required to sign a statutory declaration regarding the
originality of the entry. Without limiting the generality, the Promoter reserves the right to take legal
action against anyone found to have breached this term. The Promoter reserves the right in its sole
discretion to disqualify any individual who the Promoter has reason to believe has breached any of
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these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise
the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or
other compensation are reserved.
27. Any entrant found to have (a) be used any form of software or third party application to enter
multiple times (including scripting software), (b) used a third party (including online competition
entry site) to enter on their behalf or (c) entered incorrect contact details, including incorrect email
contact details, will have all entries invalidated and any claim to the Prize will be invalidated. If such
an entrant is awarded the Prize and then found to have breached this clause, the entrant must
immediately return the Prize to the Promoter. The Promoter has sole discretion to determine if this
clause has been breached by any entrant. The Promoter reserves the right to request whatever
documentation it deems necessary to confirm if the entrant has breached this clause. An entrant
must provide any requested documentation to the Promoter upon request. Failure by the Promoter
to enforce any of its rights at any stage does not constitute a waiver of those rights.
28. If the prize (or an element of the prize) is unavailable, for whatever reason, the Promoter reserves
the right to substitute the prize (or an element of the prize) for a prize of equal or greater value,
subject to State Regulation. It is a condition of accepting the prize that the winner must comply with
all the conditions of use of the prize and prize supplier’s requirements. Each prize must be taken as
stated and no compensation will be payable if a winner is unable to use the prize as stated.
29. The Promoter highly recommends a current residential street address be provided when requested
for ease of correspondence and potential prize delivery. The Promoter makes all reasonable efforts
to deliver prizes to the addresses provided by competition entrants. The Promoter cannot guarantee
that any prizes returned to the Promoter due to non-delivery at the provided address will be re-sent
to the prize winner.
30. The Promoter reserves the right to request winners to sign a winner’s deed of release or any other
relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof
of age, proof of residency at the nominated prize delivery address and/or proof of entry validity
(including phone bill) in order to claim a prize. Proof of identification, residency, age and entry
considered suitable for verification is at the discretion of the Promoter. In the event that a winner
cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be
offered.
31. The Promoter reserves the right to rejudge in the event of an entrant, claiming to be a winner, being
unable to satisfy these Terms and Conditions.
32. The judges’ decision in relation to any aspect of the competition is final and binding on each person
who enters. Chance plays no part in determining any winner. No correspondence will be entered
into. No responsibility is accepted for late, lost or misdirected entries. Prizes are subject to
availability, not transferable or exchangeable and, with the exception of cash prizes, cannot be taken
as cash. Prizes will be sent to the winner’s nominated address as stated in their original entry. The
Promoter and their associated agencies, and companies associated with this promotion will take no
responsibility for prizes damaged or lost in transit.
Copyright, Statutory guarantees, Waiver and liability
33. All entries and any copyright subsisting in the entries become and remain the property of the
Promoter who may publish or cause to be published any of the entries received. Pacific Magazines
Pty Ltd (ABN 16 097 410 896) and its related entities (“Pacific”), is collecting your personal
information for the purpose of conducting and promoting this Competition, including for the purpose
of identifying and notifying winners and understanding our audiences. Pacific will otherwise handle
your personal information in accordance with Seven West Media’s Privacy Policy which is available
on our website at http://www.sevenwestmedia.com.au/privacy-policies (and which contains
information regarding how you can access your personal information, correct it and/or make a
complaint about our handling of your personal information). By providing your personal information,
you agree to the terms of the Privacy Policy. Without limiting the foregoing, Pacific may disclose the
entrant’s personal information to its related entities, business partners and external service providers
for research and profiling purposes as well as other purposes reasonably related to the entrant’s
relationship with Pacific. In addition, by entering this competition, you consent to Pacific using your
personal information for the purpose of Pacific and its related entities sending you information
regarding programs, products and services available through them and/or through their business
partners, and to Pacific from time to time sharing your personal information with carefully selected
business partners for the purpose of them sending you such information directly. We will always
provide you with the ability to opt out of those communications.
34. In participating in the prizes, the winners agree to participate and co-operate as required in all
editorial activities relating to the Competition, including but not limited to being interviewed and
photographed. The winners (and their companions) agree to granting the promoter a perpetual and
non-exclusive licence to use such footage and photographs in all media worldwide, including online
social networking sites, and the winners (and their companions) will not be entitled to any fee for
such use.
35. Prize winners are advised that tax implications may arise from their prize winnings and they should
seek independent financial advice prior to acceptance of that prize.
36. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or
modify the statutory consumer guarantees as provided under the Competition and Consumer Act
2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer
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protection laws in the State 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.
37. 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
of a prize.