Better Homes and Gardens Code Cracker Issue 9 (prize valued at $4,200)

Expert advice. Practical solutions. Personal service.
Level 11, 575 Bourke Street Melbourne VIC 3000
GPO Box 38 Melbourne VIC 3001 ” DX 400
T (03) 8621 2888 F (03) 9614 0880 ” www.mckeanpark.com.au
1280680
Terms and Conditions of Entry
for
“Win with Otifleks Earplugs”
JA Davey Pty Ltd
Copyright in this document and the concepts it represents are strictly reserved to McKean Park – 2019. No unauthorised use or copying permitted. All rights reserved.
JA Davey Pty Ltd – Win with Otifleks Earplugs Page 1
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McKEAN PARK
Level 11, 575 Bourke Street
Melbourne VIC 3000 Australia
Postal Address
GPO Box 38
Melbourne VIC 3001
Tel: (03) 8621 2888
Fax: (03) 9614 0880
DX 400 Melbourne
mark.flynn@mckeanpark.com.au
Ref: Mr M Flynn:ACH:121360
Terms and Conditions of Entry
1. Entire Terms
These terms and conditions constitute the entire agreement of the parties relating to the entry into and
conduct of this Competition. Information on how to enter the Competition form part of these terms and
conditions.
2. Acceptance of Terms and Conditions of Entry
Entry into the Competition is deemed acceptance of these terms and conditions.
3. Governing Law
These terms and conditions are governed by the laws of the State of Victoria.
4. Eligible Entrants
Entry into the Competition is only open to Eligible Entrants who are Australian residents aged 18 years
and over, excluding:
4.1 management, employees, directors and contractors of the Promoter, its related entities, the
participating outlets and other agencies, firms or companies associated with the Competition
(including suppliers of the Prizes);
4.2 A spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in
clause 4.1 of these terms and conditions;
4.3 Persons who have breached the terms and conditions of any competition run by or on behalf of
the Promoter.
The persons referred to in clause 4.2 of these terms and conditions include natural and non-natural
relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a
person is an Eligible Entrant in its absolute discretion.
5. Entrants to Ensure Familiarity
Each Entrant is responsible for ensuring familiarity with these terms and conditions at the time of
participation in this Competition. The Promoter’s decision not to enforce a specific restriction (whether
McKean Park Terms and Conditions
Copyright in this document and the concepts it represents are strictly reserved to McKean Park- 2019. No unauthorised use or copying permitted. All rights reserved.
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communicated to an Entrant or not) does not constitute a waiver of that restriction or of the terms and
conditions generally.
6. Entrants Acknowledgment
All Entrants acknowledge that the Promoter can rely on these terms and conditions even if the Promoter
only learns of a person’s ineligibility after the Promoter has awarded a Prize to an ineligible person.
Return of a Prize or payment of its equivalent value to the Promoter may be required by the Promoter if
this occurs.
7. Promoter
The Promoter is JA Davey Pty Ltd (ABN 35 109 032 322) of 626 Lorimer Street Fishermans Bend VIC
3207.
8. Entry Period
8.1 The Competition will commence at 00:01 AEST on 01/03/2019 and close at 23:59 AEST on
30/06/2019 (Entry Period).
8.2 An Entry must be made during the Entry Period and through the Australian website of the
Promoter.
9. How to Enter
9.1 To enter and be eligible to win, Eligible Entrants must, during the Entry Period, purchase any
Otifleks Earplugs product (Eligible Product) from an authorised Australian retailer or an
authorised Australian distributor (Qualifying Purchase) and complete an entry in accord with
these terms and conditions (Eligible Entry).
9.2 Entry into the competition must be via the Internet (Web Entry) on the Australian website of the
Promoter.
9.3 Entrants shall be permitted to send a hard copy entry (not required but if they wish) only after
they have completed their Web Entry and this should be noted on the online entry form. A hard
copy entry alone shall not be deemed an Eligible Entry.
10. Conditions of Entry
10.1 Each Qualifying Purchase counts towards one (1) Entry only.
McKean Park Terms and Conditions
Copyright in this document and the concepts it represents are strictly reserved to McKean Park- 2019. No unauthorised use or copying permitted. All rights reserved.
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10.2 Eligible Entrants may enter the Competition multiple times, up to a maximum of four (4) times
per household for the Entry Period.
10.3 Entrants can only enter the Competition in their own name. Entrants who enter using multiple
addresses or aliases may be disqualified and their Entries rendered invalid.
11. Web Entry
Eligible Entrants can complete their Entry during the Entry Period by:
11.1 visiting https://estore.jadavey.com.au and following the links to the Competition entry page
(Online Entry Site);
11.2 completing and submitting the online Competition Entry Form on the Online Entry Site (Online
Entry Form), including:
11.2.1 All details required on the Online Entry Form, including their First Name, Surname,
Street Address, Suburb, State, Postcode, Phone Number and Email Address;
11.2.2 Age;
11.2.3 Eligible Products Name;
11.2.4 Product Barcode;
11.2.5 In 25 words or less, why they chose Otifleks Earplugs?;
11.2.6 indicating acceptance of these terms and conditions; and
11.2.7 indicating that they have in their possession a copy of the original purchase receipt,
which can be presented upon request (Web Entry).
11.3 Eligible Entrants must retain their original purchase receipt for the Eligible Product they
purchased as part of their Qualifying Purchase (Proof of Purchase) which corresponds to each
entry they submit in the Competition in order to claim a Prize (if won).
11.4 Only after an Eligible Entrant has completed their Web Entry are they allowed to post a hard
copy entry (not required, but if they wish) during the Entry Period by mailing it to:
Otifleks Earplugs Promotion
PO Box 84
Port Melbourne, VIC 3207
McKean Park Terms and Conditions
Copyright in this document and the concepts it represents are strictly reserved to McKean Park- 2019. No unauthorised use or copying permitted. All rights reserved.
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11.5 Any hard copy entries must be received before AEST 12 noon on 08/07/2019.
12. Time of Entry
Entries are deemed to be received at the time of receipt into the Promoter’s database, not at the time of
transmission by the Entrant.
13. No Entry Fee
13.1 Entry to the Competition is free.
13.2 Entrants are responsible for their own costs associated with entering the Competition which
may include costs associated with accessing the internet or mailing the entry form.
14. Entries to be Own Work
By entering this Competition, Entrants confirm and promise that their entry is original and does not
infringe the intellectual property rights of any third party.
15. Invalid Entries
15.1 Eligible Entrants must submit their Entries manually using an internet browser. The use of any
automated entry software or any other mechanical or electronic means that allows an Entrant to
automatically enter the Competition repeatedly is prohibited and will render all Entries submitted
using such means as invalid.
15.2 Incomplete, illegible, indecipherable, incorrect or corrupted Entries, or which contain offensive
or defamatory comments, or which breach any law or infringe any third party rights, including
intellectual property rights, are invalid and not eligible to win a Prize.
15.3 Any Entry not complying with these terms and conditions is invalid.
15.4 The Promoter assumes no responsibility for any failure to receive any Entry or for any
inaccurate information or for any loss, damage or injury as a result of technical or
telecommunications problems with entry mechanisms or otherwise, including security breaches.
If such problems arise, then the Promoter has the right to modify, cancel, terminate or suspend
the Competition.
McKean Park Terms and Conditions
Copyright in this document and the concepts it represents are strictly reserved to McKean Park- 2019. No unauthorised use or copying permitted. All rights reserved.
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16. Verification
16.1 The Promoter reserves the right to request at its discretion, within a time prescribed by the
Promoter, verification of age, identity, eligibility, Proof of Purchase, compliance with these terms
and conditions, residential address of Entrants and/or any other information relevant to entry
into, participation or claiming a Prize in the Competition. Verification is at the discretion of the
Promoter, whose decision is final.
16.2 If the information requested is not received by the Promoter or an Entrant has not been verified
to the satisfaction of the Promoter within the time prescribed by the Promoter, any Entry
submitted by the Eligible Entrant will be deemed as invalid. A Prize will only be awarded
following all validation and verification requirements of the Promoter being met to its satisfaction
and at its discretion. In the event that an Eligible Entrant cannot provide suitable validation or
verification, the Eligible Entrant’s right to a Prize will be forfeited and no substitute will be
offered.
17. Game of Skill
The Competition is a game of skill. Chance plays no part in determining the Winners. Each Eligible Entry
will be judged individually by one or more representatives of the Promoter on its merits based on
creativity. The decision of the judge/s regarding all aspects of the Competition will be final and binding.
18. Selection of Prize Winners
19. All Eligible Entries will be judged based on the most creative answer in 25 words or less at JA Davey Pty
Ltd 626 Lorimer Street Port Melbourne 3207 (Competition Location) and Prize Winners will be selected
by representative/s of the Promoter (Judge) at AEST 12 noon on the 08/07/2019.
20. Total Value of the Prize
The Prizes include 20 x Bose® Soundsport® Wireless Headphones Black WW valued at $229.95 RRP
(including GST). Total prize pool is valued at $4599.00 (Prize). Each Prize Winner will be eligible to win
one (1) Bose® Soundsport® Wireless Headphone.
21. General Prize Conditions
21.1 A Prize must be taken as stated and may not be varied. No compensation will be payable if a
Prize Winner or a Substitute Prize Winner is unable to use a Prize as stated. A Prize or any
component is not transferable or exchangeable and cannot be redeemed for cash.
McKean Park Terms and Conditions
Copyright in this document and the concepts it represents are strictly reserved to McKean Park- 2019. No unauthorised use or copying permitted. All rights reserved.
JA Davey Pty Ltd – Win with Otifleks Earplugs Page 6
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21.2 If for any reason a Prize Winner or a Substitute Prize Winner does not take an element of a
Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited and
no cash or other alternative will be supplied in lieu of that element of the Prize.
21.3 All costs associated or arising in connection with collecting and using a Prize are the
responsibility of the respective Prize Winner or the Substitute Prize Winner.
21.4 A Prize cannot be sold, scalped, auctioned, raffled, pledged, or promoted as an incentive or
reward by any third party as an inducement for any person or other entity to enter into any
commercial or other arrangements with that third party. If a Prize is obtained through any of
these methods, it will not be honoured.
21.5 A limit of one (1) Prize per person applies to the Competition.
21.6 The Promoter accepts no responsibility for any variation in the value of a Prize from the time of
printing promotion materials.
21.7 Any Prize that is awarded must be accepted subject to any terms and conditions imposed by
the Prize supplier, including periods of validity.
21.8 If more than one person attempts to claim a Prize, the Promoter has sole and absolute
discretion to determine the Prize Winner or the Substitute Prize Winner.
21.9 If the Promoter is unable to provide a Prize Winner or the Substitute Prize Winner with the
nominated Prize, the Promoter reserves the right to supply an alternative Prize of similar
monetary value to the nominated Prize.
22. Winner Notification and Publication
All Prize Winners will be:
22.1 notified by email and telephone; and
22.2 Names of all Prize Winners will be published in ‘The Australian’ within one month of the Prize
draw.
23. Unclaimed Prize
If a Prize remains unclaimed by 12 noon AEST on 15/08/2019, that Prize Winner’s entry will be deemed
invalid. The Promoter reserves the right to select the next best Eligible Entry for that Prize on the same
date at the Competition Location by a representative of the Promoter from all remaining Eligible Entries
McKean Park Terms and Conditions
Copyright in this document and the concepts it represents are strictly reserved to McKean Park- 2019. No unauthorised use or copying permitted. All rights reserved.
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received in the Competition, subject to any directions from the relevant State Gaming Departments
(Substitute Prize Winner).
24. Substitute Prize Winner Notification and Publication
Any Substitute Prize Winner, will be:
24.1 notified by email and telephone; and
24.2 The name(s) of the Substitute Prize Winner(s) will be published in ‘The Australian’ within one
month of any unclaimed Prize draw.
25. Promoter’s Rights
25.1 The Promoter’s decision in relation to the Competition and any aspect of these terms and
conditions is final and binding. No correspondence will be entered into.
25.2 The Promoter reserves the right to amend any details of the Competition without notice.
26. Tampering and Other Failures
26.1 If, for any reason, the Competition is not capable of being run as planned, including due to
infection by computer virus, bugs, network failure, tampering, unauthorised intervention, fraud or
any other cause beyond the control of the Promoter, which corrupts or affects the
administration, security, fairness, integrity or proper conduct of the Competition, the Promoter
reserves the right in its absolute discretion to take any action that may be available to it, subject
to State and Territory regulations, including cancelling, terminating, modifying or suspending the
Competition.
26.2 Any Entrant who, in the opinion of the Promoter, tampers or interferes with the entry or selection
mechanism in any way, engages in any unlawful or improper conduct which jeopardises or is
likely to jeopardise the fair or proper conduct of the Competition, or who does not properly
comply with the entry process, will be ineligible to win a Prize.
26.3 Any attempt to deliberately damage any website or information on a website, or to otherwise
undermine the legitimate operation of this Competition may be a violation of criminal and civil
laws and should such an attempt be made, whether successful or not, the Promoter reserves
the right to seek damages to the maximum extent permitted by law.
McKean Park Terms and Conditions
Copyright in this document and the concepts it represents are strictly reserved to McKean Park- 2019. No unauthorised use or copying permitted. All rights reserved.
JA Davey Pty Ltd – Win with Otifleks Earplugs Page 8
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27. No warranties or Representations
27.1 The Promoter makes no warranty or representation as to the quality / suitability / merchantability
of any goods and or services offered as a Prize.
27.2 The Promoter does not warrant that the entry mechanism will be available at all times during the
Entry Period.
28. Exclusion of Liability
28.1 The Promoter, the Promoter’s related entities, all participating outlets and all agencies
associated with the Competition and all employees, agents, directors and contractors, of all
such entities shall not be liable for any loss or claim, action, demand, liability, damage, cost,
expense, personal injury or death whatsoever (including but not limited to any direct, indirect
and / or consequential loss or loss of profits), incurred, suffered or sustained (whether or not
arising from any person’s negligence) by any person or entity (without limitation) in connection
with, or arising from, the Competition or the acceptance or use of any Prize, except that which
cannot be excluded by law (in which case that liability is limited to the maximum extent
allowable by law).
28.2 The Promoter accepts no responsibility for any late, lost, incomplete, incorrectly submitted,
delayed, corrupted or misdirected Entries due to error, omission, tampering, deletion, theft,
communications failure or otherwise.
28.3 The Promoter is not responsible for:
28.3.1 any problems or technical failures of any kind, including malfunction of any telephone
network or lines, computer online systems or networks, servers or providers, computer
equipment, or software;
28.3.2 the unavailability or inaccessibility of any service whether or not caused by traffic
congestion on the internet or at any website;
28.3.3 any electronic or human error (without limitation);
28.3.4 any unauthorised human intervention;
or any consequences thereof, in association with this Competition.
McKean Park Terms and Conditions
Copyright in this document and the concepts it represents are strictly reserved to McKean Park- 2019. No unauthorised use or copying permitted. All rights reserved.
JA Davey Pty Ltd – Win with Otifleks Earplugs Page 9
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28.4 To the maximum extent permitted by law, any liability of the Promoter or its servants or agents
for breach of any rights a consumer might have which cannot be excluded under applicable
consumer protection laws, is limited to the payment of the cost of having a Prize supplied again.
29. Tax Liability
The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the
benefit of a Prize. Independent financial advice should sought by each Entrant for any tax implications
arising from Prize winnings. For GST purposes where the Competition involves, supplies being made for
non-monetary consideration, Entrants will follow the Australian Taxation Office’s view that where the
parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
30. Publicity
30.1 The Prize Winners consent to the use of their name, suburb or town of residence, text and
image of any Entry for promotional or marketing purposes (including publicity online and social
media) and agree to participate in any reasonable promotional activity (such as publicity and
photography) relating to the winning of a Prize, free of charge, at the request of the Promoter.
30.2 Entrants agree that the Promoter has an unrestricted, irrevocable, transferable, divisible right
and licence to use and modify any Entry for the purposes of the Promoter’s business (including
publicity online and social media) without the payment of further fee or compensation. Each
Entrant agrees to sign any further documentation required by the Promoter to give effect to this
arrangement as a precondition of being awarded any Prize.
30.3 To the extent permitted by law, Entrants unconditionally and irrevocably consent to any act or
omission that would otherwise interfere with any moral rights in any Entry.
31. Ownership of Entries
All Entries become and remain the sole property of the Promoter.
32. Personal Information
32.1 All information provided by Entrants (Personal Information) will be used by the Promoter for
the purpose of conducting this Competition and may be entered into a database and the
Promoter, the Promoter’s related entities, agencies engaged by the Promoter, or any other third
party(s) nominated by the Promoter, for the Promoter’s current and future promotional and
marketing purposes without further reference or compensation to them.
McKean Park Terms and Conditions
Copyright in this document and the concepts it represents are strictly reserved to McKean Park- 2019. No unauthorised use or copying permitted. All rights reserved.
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32.2 The Promoter may disclose Entrants’ Personal Information to its contractors and agents to
assist in conducting this Competition and as required, to Australian regulatory authorities.
32.3 Entrants can request to access, update or correct their Personal Information held by the
Promoter and may request that they not receive further promotional or marketing
communications from the Promoter by contacting the Promoter at the address above. Should an
Entrant’s contact details change during the Entry Period, it is the Entrant’s responsibility to notify
the Promoter.
33. Privacy
All Personal Information will be securely stored by the Promoter. The Promoter is bound by the National
Privacy Principles in the Privacy Act 1988 as amended from time to time. These terms and conditions are
supplemented by the Privacy Policy published by the Promoter from time to time.
34. Headings
The headings in these terms and conditions are for convenience only and do not affect interpretation of
these terms and conditions.