#DomainDeliversBuyers – Win A $10k Luxury Wardrobe (prize valued at $10,000)

‘Domain delivers buyers’ Competition Terms and Conditions
Promotion Details:
Promotion: ‘Domain delivers buyers’
Promoter: The Promoter is Domain Operations Pty Ltd (ABN 21 617 803 460) of 1 Darling
Island Road, Pyrmont, NSW 2009 (Domain) . Telephone (02) 8596 4556.
The Promoter is part of the Fairfax Media group of companies owned or
controlled by Fairfax Media Limited (ACN 008 663 161) (Fairfax Group).
Promotional
Timings:
Start date: 31st August 2017 at 12:01 pm AEDT
End date: 31 st October 2017 at 11:59 pm AEST
Promotional Period: from the Start Date until the End Date.
Entrants: Entry is only open to Australian residents who are 18 years and over.
Directors, employees and their Immediate Family Members of the Promoter, it’s
related bodies corporate and any agencies or companies associated with the
Promoter or the Promotion are not eligible to enter. Immediate Family Member
means any of the following: spouse, ex-spouse, de-facto 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.
Prize
description
Prize description: One $10,000 Mr-Porter or Net-A-Porter voucher
Total value of prize(s): $10,000
This prize is not exchangeable or redeemable for cash.
Type of
promotion
This promotion is a game of skill
How to enter To enter, participants must:
Take an image that captures how ‘Domain delivers buyers’ for them, and
share this image on their social channels (Facebook, Instagram or Twitter) using
the hashtag ‘#DomainDeliversBuyers’
Participants may enter as many times as they wish, however, only one prize will
be allocated to one winner.
Winner
selection
This is a game of skill and chance plays no part in determining the winner. The
judging and selection of the winner(s) will be conducted by judge(s) selected at
the discretion of the Promoter. The selection of the winner(s) will take place at
Domain Operations Pty Ltd, at 55 Pyrmont Street, Pyrmont, NSW 2009 on 6th
November 2017.
The judges will select the winning entry or entries from the valid entries received
during the Promotional Period. The judges may select additional reserve entries
which they determine to be the next best, and record them in order, in case of
an invalid entry, ineligible Entrant or a prize being rejected or not collected.
Each entry will be judged at the sole discretion of the judges based on creativity,
originality and overall stand out of the entry. The judges’ decision is final and the
Promoter will not enter into any correspondence regarding the result.
All reasonable attempts will be made to contact the winner(s). If a prize remains
unclaimed by a winner or unallocated for any reason by 5:00 pm AEST on 20th
November 2017, the prize will be forfeited and no cash or other alternative will
be offered to that winner. Subject to any direction or requirement under State
legislation, unclaimed prize(s) will be reallocated to the entrant that has
submitted the next best entry after the first selected winner(s) based on the
judging criteria. The selection of the winner(s) of any unclaimed prize(s) will take
place at the Promoter’s address on 20th February 2018,
Special
conditions
Full details of how to redeem the prize will be provided to the winner after the
winner has been notified that they have won.
Detailed Terms:
Entry into the Promotion
1. The Promotion Details above and all Detailed Terms below form part of these Terms and
Conditions. The Entrant agrees and acknowledges that they have read these Terms and
Conditions
2. It is a condition of entry that all Terms and Conditions are accepted as final and the Entrant
agrees to abide by these Terms and Conditions. Submission of an entry is deemed to be an
acknowledgement by the Entrant that they have read these Terms and Conditions and
accepted them.
3. Any capitalised terms used in these Terms and Conditions have the meaning given in the
Promotion Details, unless stated otherwise.
4. The Promotion commences on the Start Date and runs for the Promotional Period ending on
the End Date.
5. Valid entries by eligible Entrants will be accepted during the Promotional Period. No entries
will be accepted after this time. Entries are deemed to be received at the time of receipt by
the Promoter and not at the time of transmission or deposit by the Entrant. Records of the
Promoter and its agencies are final and conclusive as to the time of receipt. The Promoter
accepts no responsibility for any late, lost or misdirected entries due to technical disruptions,
network congestion, social media platforms faulting or for any other reason.
6. Illegible, incomprehensible and incomplete entries will be deemed invalid. An entry that is
made on behalf of another person will also be deemed invalid.
7. The Promoter reserves the right to disqualify any entry which, in the opinion of the Promoter,
includes objectionable content, profanity, inflammatory, offensive or defamatory comments, or
which breach any law or infringes any third party rights, including intellectual property rights.
8. The Promoter reserves the right to disqualify any Entrant who tampers with the entry process
or who submits an entry that is not in accordance with these Terms and Conditions or who
has, in the opinion of the Promoter, engaged in conduct in entering the Promotion which is
fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the
Promotion or Promoter.
9. The Promoter reserves the right, at any time, to validate and check the authenticity of entries
and entrant’s details including the right to request proof of an entrant’s identity, age and
residency. In the event that a winner cannot provide suitable proof, the winner will forfeit the
prize in whole and no substitute will be offered.
10. The Promoter reserves the right to disqualify an Entrant or entries in the event of
non-compliance with these Terms and Conditions. In the event that there is a dispute
concerning the conduct of the Promotion, the decision of the Promoter is final and binding on
each Entrant and no correspondence will be entered into.
11. An Entrant who uses any automated entry software or any other mechanical or electronic
means that allows an individual to automatically enter repeatedly is prohibited and may render
all entries submitted by that individual invalid.
12. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed
online, there is no additional cost to enter the Promotion other than any cost paid by the
Entrant to access the website or social media platform of entry via their internet service
provider.
13. Should an Entrant’s contact details change during the Promotion, it is the Entrant’s
responsibility to notify the Promoter. A request to access or modify any information provided
in an entry should be directed to the Promoter.
14. If for any reason any aspect of this Promotion is not capable of running as planned, including
by reason of computer virus, communications network failure, bugs, tampering, unauthorised
intervention, fraud, power or technical failure, acts of God, civil unrest, strike, war, act of
terrorism or any other cause beyond the control of the Promoter, the Promoter may in its sole
discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected
entries, or suspend or modify a prize, subject to State or Territory regulation.
Prize
1. The winner(s) will be notified by email together with further instructions on how to arrange the
collection of their prize within 2 days of the winner(s) being determined.
2. Each prize will be awarded to the person named in the winning entry. If there is a dispute as
to the identity of an Entrant or winner, the Promoter reserves the right, in its sole discretion, to
determine the identity of the Entrant or winner.
3. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize
by the time specified by the Promoter, they forfeit the prize and the Promoter is not obliged to
substitute the prize or provide a cash alternative.
4. The details of the prize(s) are set out in the Promotion Details. The value of the prize(s) is
accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the
Start Date of the Promotion. The Promoter accepts no responsibility for any variation in the
value of the prizes after that date.
5. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the
prize (or that portion of the prize) to a prize of equal or greater value and/or specification,
subject to any written directions of a regulatory authority.
6. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and
conditions of the third party prize supplier. The Promoter and the third party prize supplier
reserve the right to refuse to allow a winner to use or take part in any or all aspects of the
prize, if either determine, in their absolute discretion, that a winner is not in the mental or
physical condition necessary to be able to safely use or participate in the prize.
7. If the prize consists of any gift cards of any third party supplier, the gift card(s) may not be
redeemed or exchanged for cash, traveller’s cheques, cash passports or any other form of
currency, and will not be replaced or refunded if the gift card is lost or stolen
8. It is a condition of accepting the prize that the winner may be required to sign a legal release
in a form determined by the Promoter in its absolute discretion.
9. If a prize is provided to the Promoter by a third party supplier and/or is to be delivered directly
to the winner(s), the Promoter accepts no responsibility or liability for any delay or failure by
the third party to deliver the prize, any delay or failure relating to the prize itself or failure by
the third party supplier to meet any obligations in these Terms and Conditions or otherwise.
The terms and conditions which apply to a prize at the time it is issued to the winner will
prevail over these Terms of Conditions, to the extent of any inconsistency.
Personal Information, marketing and publicity
1. As part of the Promotion, the Promoter will collect Entrants’ personal information. If the
Entrant does not provide their personal information as requested, they may be ineligible to
enter or claim a prize in the Promotion. Submission of an entry is deemed to be consent by
the Entrant to the Promoter collecting their personal information.
2. The Promoter will use the personal information to enable an Entrant to participate in the
Promotion.
3. The Promoter may disclose Entrants’ personal information to third parties including its
contractors and agents, prize suppliers, Promotion sponsors and service providers to assist in
conducting this Promotion and to the State and Territory lottery departments as required
under the relevant lottery legislation.
4. The Fairfax Group may use Entrants’ personal information for future marketing purposes
regarding its products, including contacting the Entrant electronically.
5. If there is a Promotion Sponsor, the Promotion Sponsor may use the personal information of
an Entrant for marketing purposes if the Entrant has given their consent to be contacted by
the Promotion Sponsor.
6. Personal information will be stored by the Promoter on a database controlled by the Fairfax
Group or by a third party service provider of the Fairfax Group.
7. For the purposes of public statements and advertisements, the Promoter may only publish the
winner’s surname, initial and State/Territory or postcode of residence.
8. Further details on how the Fairfax Group will collect and use personal information is set out in
the Fairfax Group privacy policy which is located at http://www.fairfax.com.au/privacy.html .
9. The Fairfax Group privacy policy contains information about how an Entrant may access,
update and seek correction of the personal information the Fairfax Group holds about them
and how an Entrant may complain about any potential breach by the Promoter of the
Australian Privacy Principles or any other Australian privacy laws and how such complaints
will be dealt with.
10. By accepting the prize, the winner agrees to participate in and co-operate as required with all
reasonable marketing and editorial activities relating to the Promotion, including (but not
limited to) being recorded, photographed, filmed or interviewed and acknowledges that the
Promoter and the Fairfax Group may use any such marketing and editorial material without
further reference or compensation to them.
11. The winner agrees not to sell or otherwise provide their story and or photographs related to
the Promotion or being a winner of the Promotion to any other media organisation.
Intellectual property rights
1. The following conditions apply where the Promotion involves submission of any materials
including but not limited to answers to questions, a statement, idea or opinion, video or voice
recordings, images, works of art, designs or photographs (Content):
I. the Content must not contain any viruses or cause or be likely to cause any injury or
harm to any person or entity;
II. the Content must be the work of the individual submitting it;
III. the Content must not have been published elsewhere or have won a prize in any other
competition or promotion;
IV. before submitting the Content, Entrants must obtain consent from any person (or the
parent or guardian of any person under 18 years) who appears in any content and from the owner(s)
of any property that appears in the Content. Entrants must obtain any other permissions required for
the submission of the Content;
V. each Entrant must warrant that the submission of the Content does not infringe the
intellectual property rights of any third party. Entrants must warrant that the Content they are
submitting is their own work and that they own the copyright for it;
VI. the Promoter may remove or decline to publish any Content without notice to the
relevant Entrant;
VII. the intellectual property rights in the Content submitted by the Entrant remains with the
relevant Entrant and does not transfer to the Promoter. However, in consideration of the Promoter
providing the Promotion, each Entrant grants a worldwide, irrevocable, perpetual licence to the Fairfax
Group to use and reproduce any or all of the submitted Content including but not limited to in any of
their publications, their websites and/or in any promotional material connected to this Promotion. The
Entrant acknowledges that the Promoter is free to use the Content and to exercise its rights in relation
thereto and the Entrant will not be entitled to any fee for such use; and
VIII. the Entrant hereby consents to the Fairfax Group using their likeness, image and/or
voice in the event that the Entrant is the winner (including photograph, film or recording) in any media
whatsoever throughout the world for the purpose of promoting this Promotion or other similar
promotions and promoting any products manufactured, distributed and or supplied by the Fairfax
Group. The Entrant will not be entitled to any remuneration for such use.
Use of social media
1. The following terms apply to the extent that the Promotion is conducted on, advertised or
promoted on a social media platform owned by a third party (Platform Operator):
I. the Entrant acknowledges and agrees that the Promotion is in no way sponsored,
endorsed or administered by, or associated with, any Platform Operator.
II. the Entrant releases each Platform Operator and its associated companies from all
liabilities arising in respect of the Promotion; and
III. to the extent relevant to the Promotion, Fairfax agrees and each Entrant must agree to
adhere to the terms and conditions and promotions guidelines of each Platform Operator which are
available to view online on their social media platforms.
IV. Limitation of liability
1. Any guarantee or warranty given in relation to a prize is in addition to any relevant statutory
guarantees and warranties and nothing in these Terms and Conditions restricts, excludes or
modifies or purports to restrict, exclude or modify any statutory consumer rights under any
applicable law including the Competition and Consumer Act 2010 (Cth).
2. The Promoter and its associated agencies and companies will not be liable for any loss
(including, without limitation, indirect, special or consequential loss or loss of profits),
expense, damage, personal injury or death which is suffered or sustained (whether or not
arising from any person’s negligence or wilful misconduct) in connection with this Promotion
or accepting, taking part in or using any prize (or recommendation), except for any liability
which cannot be excluded by law (in which case that liability is limited to the minimum
allowable by law).
3. Neither the Promoter, nor any Promotion Sponsor or third party prize supplier, or their
associated companies is responsible, to the extent permitted by law, for acts of god, acts of
terrorism or war (declared or undeclared) or other events beyond their control which prevent
awarding or acceptance of the prize in accordance with the prize description.
4. The Promoter accepts no responsibility for any tax implications of this Promotion and Entrants
must seek their own independent financial advice in regards to their own personal
circumstances and any tax implications relating to the prize or acceptance of the prize.
5. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver
of these rights.