Yahoo7 – Compeed #RACEDAYSHOES – Win $2,000 Myer gift card

Terms and Conditions

COMPEED SOCIAL WALL COMPETITION

August-October

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. The Promoter is Pacific Magazines Pty Ltd, 8 Central Ave, Eveleigh NSW 2015 (ABN 16
097 410 896).
3. To the extent of any inconsistency between these Terms and Conditions and any other
reference to this competition, these Terms and Conditions prevail.
4. For individuals who enter via Instagram: This competition is in no way sponsored,
endorsed or administered by, or associated with, Instagram. Entrants are providing their
information to the Promoter and not to Instagram. The information an entrant provides
will only be used for the purposes outlined in these Terms and Conditions. Entry and
continued participation in the competition is dependent on individuals following and
acting in accordance with the Instagram Terms of Use, which can be viewed at
http://instagram.com/legal/terms.
5. Any questions, comments or complaints about this competition must be directed to the
Promoter at yahoo7promo@yahoo-inc.com.
Who can enter
6. Entry is open to all residents of Australia. Employees (and the immediate families of) the
Promoter, associated companies and agencies (including Johnson & Johnson Pacific Pty
Ltd, 45 Jones Street, Ultimo NSW 2007 (“JJP”)) and participating outlets are not eligible
to enter. 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.
7. All entrants under the age of 18 must obtain the prior permission of their legal parent or
guardian (i.e. who is over the age of 18) to enter. The parent or guardian may be called
to verify consent and may be required to sign a release at the discretion of the Promoter.
The release will also require the winner’s parent or guardian to accept responsibility for
the acts and forbearances of the winner. The release must include the full name, address
and telephone number of the winner’s legal guardian. Failure to provide such proof,
particulars or releases will immediately invalidate the winner’s entitlement to the prize,
subject to State and Territory legislation.
How to enter
8. The competition commences on 04/08/14 at 09:00 AEST and closes on 31/10/14 at 17:00
AEDT (“Competition Period”).
9. To be eligible to enter, individuals must take an original and creative ‘selfie’ photograph
that incorporates both themselves and their shoes (“Photograph”).
10. To enter, individuals must then complete one (1) the following entry methods during the
Competition Period:
Internet:
Log on to www.yahoo7.com.au/whatsunstoppablenow (“Website”), Follow the
prompts to the competition entry page, input the requested details (including the
entrant’s full name, address including postcode, current and valid email address,
telephone number), provide Photograph caption (at the entrant’s discretion), upload
their Photograph and submit the fully completed entry form. Uploaded files must not
exceed 10MB file size; OR
Instagram:
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Log-on to their Instagram account, upload the Photograph and include the
hashtag “#racedayshoes” in the caption field.
11. Entrants must have their Instagram accounts set to public in order to be an eligible entry
into the Competition.
12. Photographs that contain prohibited or inappropriate content, or that are otherwise in
breach of these Terms and Conditions, as determined by the Promoter, will be deemed
invalid, and any entrant that submits such a Photograph will not be eligible to win.
13. Entrants agree that they are fully responsible for any materials they submit via the
competition including but not limited to Photographs (“Content”). The Promoter shall not
be liable in any way for such Content to the full extent permitted by law. The Promoter
may remove or decline to publish any Content without notice for any reason whatsoever.
Entrants warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter
may deem in breach of any intellectual property, privacy, publicity or other rights,
defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent,
abusive, harassing, threatening, objectionable with respect to race, religion, origin or
gender, not suitable for children aged under 15, or otherwise unsuitable for
publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or
entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property
that appears in their Content;
(d) the Content is the original artistic work of the entrant that does not infringe the rights
of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content
creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant
that they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation,
those governing copyright, content, defamation, privacy, publicity and the access or
use of others’ computer or communication systems;
(g) have not been published in any form in any country in the world.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for
any breach of the above terms.
14. As a condition of entering this competition, each entrant agrees to assign all of their
rights, title and interest (including copyright) in and to their entry (which shall include
Content) to the Promoter, and to execute any documents to confirm such assignment.
Entries will not be returned to any entrant.
15. Entries that are found to have been derived from the designs of a third party will be
considered invalid and, if awarded the prize, that prize must be returned to the Promoter.
The winner may be required to sign a statutory declaration regarding the originality of
their winning entry. Without limiting the generality, the Promoter reserves the right to
take legal action against anyone found to have breached this term.
16. 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 conditions, or engaged in any unlawful or other improper
misconduct calculated to jeopardise the fair and proper conduct of the competition. The
Promoter’s legal rights to recover damages or other compensation are reserved.
17. Any entrant found to have (a) 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.
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18. Failure by the Promoter or JJP to enforce any of their rights at any stage does not
constitute a waiver of those rights.
19. Multiple entries permitted, subject to the following: (a) each Photograph must be
substantially unique; and (c) each entry must be submitted separately and in accordance
with entry requirements.
20. The date and time of entry will be the date and time the Photograph entry is displayed on
the @Pac_Unstoppable Instagram account, as recorded by Instagram (for Instagarm
entries), or alternatively the date and time the entry is uploaded to
www.yahoo7.com.au/whatsunstoppablenow (for Internet entries). Entries received
outside of the Competition Period will be deemed invalid and ineligible to enter the
Competition.
Winner Determination & Notification
21. This is a game of skill and chance plays no part in determining the winner. Each entry will
be individually judged based on the originality and creative merit of the Photograph
submitted. The winner will be the best valid entry received during the Competition Period,
as judged by the judging panel at the Promoter’s premises on 07/11/14 at 11:00
AEDT. The Promoter may select additional next best 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 the prize.
22. The winner will be notified by 17:00 AEDT on 13/11/14 via one of the methods below:
– If the winner entered via Instagram they will be notified by a post on the
promotional Instagram account (@Pac_unstoppable). The winner’s Instagram
handle will be tagged, and the notification will request the winner email the
Promoter (to the address specified in clause 5 above) with their phone number
and mailing address. The Promoter will then call the winner using the phone
number provided to verify their mailing address.
– If the winner entered via desktop/mobile upload at
www.yahoo7.com.au/whatsunstoppablenow, they will be contacted by the phone
number/email address provided in the completed entry form.
23. The Winner’s name will be published online at
www.yahoo7.com.au/whatsunstoppablenow, on 14/11/14.
24. The prize will be delivered to the winner’s nominated Australian mailing address within 8
weeks.
Prize on Offer
25. Total prize value is $2,000, as at 04/06/14. One (1) winner will receive one (1) x
$2,000 Myer Gift Card.
26. Any ancillary costs associated with redeeming the Gift Card are not included. Any unused
balance of the Gift Card will not be awarded as cash. Redemption of the Gift Card is
subject to any terms and conditions of the issuer including those specified on the Gift
Card.
27. Prize must be taken by 14/12/14. 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.
28. 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 competition. The Promoter will not be liable if the winner cannot be
contacted and therefore forfeits their prize, and no correspondence will be entered into.
29. The Promoter, JJP and their respective agencies and companies associated with the
competition will not be responsible for any delay in delivery, loss or damage to the prize.
30. Each entrant warrants that the Photograph has been taken within two years of the date
of submission.
Further General Terms and Conditions
31. 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
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Promoter will disqualify any individual who has tampered with the entry process or any
other aspect of this competition.
32. Each entrant is responsible for the entry they submit and responsible for paying the costs
associated with entering the competition.
33. The Promoter and JJP are not liable for any consequences of user error including (without
limitation) costs incurred. Any cost associated with accessing the promotional website is
the entrant’s responsibility and is dependent on the Internet service provider used.
34. The Promoter and JJP 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.
35. 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. 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.
36. 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 nondelivery
at the provided address will be re-sent to the prize winner.
37. The Promoter reserves the right to request the winner 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.
38. 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.
39. The Promoter’s 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 cannot be taken as cash.
Privacy, statutory guarantees, Waiver and liability
40. 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 entrants’ personal information for the purpose of conducting and promoting this
competition, including for the purpose of identifying and notifying the winner and
understanding their audiences. Pacific will otherwise handle entrants’ personal
information in accordance with Seven West Media’s Privacy Policy which is available at
http://www.sevenwestmedia.com.au/privacy-policies (and which contains information
regarding how entrants can access their personal information, correct it and/or make a
complaint about our handling of their personal information). By providing their personal
information, entrants agree to the terms of the Privacy Policy. Without limiting the
foregoing, Pacific may disclose the entrant’s personal information to its related entities,
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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, entrants consent to Pacific using their personal
information for the purpose of Pacific and its related entities sending them information
regarding programs, products and services available through them and/or through their
business partners, and to Pacific from time to time sharing their personal information with
carefully selected business partners for the purpose of them sending them such
information directly. We will always provide entrants with the ability to opt out of those
communications. Pacific will not disclose entrants’ personal information to any entity
outside of Australia.
41. By accepting the prize, the winner agrees 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 winner agrees 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 winner will not be entitled to any fee for
such use.
42. 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.
43. 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 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 and JJP (including their
respective officers, employees and agents) 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 the competition.
44. Except for any liability that cannot by law be excluded, including the Non-Excludable
Guarantees, the Promoter and JJP (including their respective officers, employees and
agents) is 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 Promoter’s or JJP’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 the winner or an entrant; or (f) use of the prize.