Mindscape Glee Competition Terms and Conditions
1. Instructions on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is open to residents of Australia only. Employees of the Promoter, advertising agencies and their immediate families, are not eligible to enter.
3. Only one entry per person will be permitted.
4. The promotion commences 12.01am AEDST on 11 January 2012 and closes 11.59pm AEDST on 7 February 2012. The judging will take place at the Promoter’s premises at 54 Park Street, Sydney NSW 2000 and will begin on 8 February 2012. The winners will be notified by phone and mail using the contact details given in their entry.
5. To enter, individuals must send an email to gleecomp@acpmagazines.com.au that it is received during the promotional period, including “DOLLYGlee” in the subject line and their full name, postal address, daytime telephone and an answer in 25 words or less to the promotional question: “What is your favourite Glee song and why?”
6. This is a game of skill; chance plays no part in determining the winners. Each entry will be individually judged based on its literary and creative merit of the answer to the promotional question provided. The judges’ decision in relation to any aspect of the promotion will be final and binding on every person who enters. No correspondence will be entered into.
7. When an entrant submits any materials via the promotion including comments, recordings and images (“Content”), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove 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) they will obtain prior consent from any person or property that appears in their Content; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) 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.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
7.8. Each entrant warrants to the Promoter that the entry submitted is an original literary work of the entrant that does not infringe the rights of any third parties. If an entry or any part of the information provided by the entrant in relation to the entry was provided by a third party, the entrant warrants that they have obtained the relevant copyright permission to submit the entry for the purposes of this promotion. Each entrant agrees to indemnify the Promoter against all claims and costs by third parties arising from a breach of the warranty set out in this condition.
8. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth). The Promoter is entitled to use any of the entries submitted in any manner and for any purpose at its absolute discretion, including using the entries for future promotional, marketing and publicity purposes without any further reference or payment or other compensation to the entrant. The Promoter is entitled to amend, edit, select, crop, retouch, add to or delete from any part of the submitted entry.
9. 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
10. The five (5) best valid entries as determined by the judges will each be deemed a prize winner and will receive a ‘Glee Karaoke Revolution’ volume 3 Wii game and a Glee Concert 3D’ DVD combo pack valued at a total of $102.94.
11. Total prize pool is valued at $514.70.
12. All prizes must be taken as offered. Prizes are not transferable or exchangeable and cannot be redeemed as cash. Prizes are valued in Australian dollars. The Promoter accepts no responsibility for any variation in the prize value. Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize.
13. The Promoter is neither responsible nor liable for any late lost or misdirected mail (including but not limited to prizes).
14. The Promoter is not responsible or liable for any prize damaged in transit in the delivery of their prize.
15. If for any reason a winner does not a prize, then the prize will be forfeited.
16. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.
17. Entries not completed in accordance with the Terms and Conditions or received after the closing date will not be considered. Indecipherable or incomplete entries will be deemed invalid.
18. Any cost associated with an entry via email is the entrant’s responsibility and is dependent on the Internet service provider used.
19. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States 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.
20. 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.
21. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
22. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and, prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter.
23. All entries become the property of the Promoter and will not be returned. The collection, use and disclosure of personal information provided in connection with this promotion is governed by the Privacy Notice (see www.acpmagazines.com.au for location of privacy notice).
24. By entering this promotion, the entrant consents to receipt of any email regarding the promotion, and other emails which inform the entrant of the Promoter’s other publications, products, services and events and to promote third party goods and services it may be interested in.
25. The Promoter is ACP Magazines Ltd (ABN 18 053 273 546) of 54 – 58 Park Street, Sydney, NSW 2000. Phone: (02) 8268 8000.