1. Information on how to enter and prizes form part of these Terms and Conditions. Any entry not complying with these Terms and Conditions is invalid. Participation in this competition is deemed acceptance of these Terms and Conditions.
2. Entry is open to all residents of Australia. Officers, employees and immediate families of officers and employees of the Promoter, the associated companies and contractors of the Promoter, the Promoter’s Competition Partner, retailers at Direct Factory Outlet (DFO) shopping centres and any other agencies associated with this competition are ineligible to enter. Immediate family 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.
3. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this competition.
4. Entries open at 1.30pm AEDST on 6th February 2012 and close at 12noon AEDST on 2nd March 2012 (“Competition Period”).
5. To enter, individuals must visit www.shoptilyoudrop.com.au/shopperoftheyear, input all the requested details including their first name, last name, date of birth, gender, residential address, valid email address, daytime telephone number and area code, nominate a preferred DFO centre where they would like to attend the promotional event if chosen as a semi-finalist (from those outlined in clause 11 below) and provide an answer to the question “What makes you Australia’s top savvy fashion shopper?” in 25 words or less, and submit the fully completed entry form during the Competition Period.
6. Multiple entries by the same person are permitted, however each entry submitted must be substantially unique. The Promoter may, in its absolute discretion, disqualify any individual (and invalidate all entries/submissions submitted by that individual) that the Promoter suspects has provided fake name(s), email address(es) or any other incorrect details or who enters under someone else's name.
7. Incomplete, indecipherable or illegible entries will be deemed invalid.
8. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
9. The Promoter reserves the right to verify the validity of entries, entrants' 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 may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of their rights at any stage does not constitute a waiver of those rights.
10. First round of judging will take place at ACP Magazines, 54 Park Street, Sydney NSW 2000 and will commence on 2nd March 2012. Entries will be divided depending on the DFO centre selected by the entrant at the time of entry and will be judged within that group. Each entry will be individually judged based on the creative merit of the answer provided to the promotional question. The judges will then determine fifty (50) of the best entries from each group and these fifty (50) entrants will be deemed semi-finalists for their DFO store and will be chosen to compete at the promotional event at their nominated DFO centre. The semi-finalists will be notified by telephone and mail by the 8th March 2012.
11. If chosen as a semi-finalist, entrants must be available and attend the promotional event taking place at the DFO centre selected by them at the time of entry on the following dates and times:
• DFO, 3-5 Underwood Road, Homebush, Sydney, NSW on Friday 9th March 2012 between 1.30pm and 6pm;
• DFO, 4-9 South Wharf Rd, South Wharf, Melbourne, Victoria on Friday 16th March 2012 between 1.30pm and 6pm;
• DFO, 100 Bulla Rd, Essendon Fields, Melbourne, Victoria on Friday 23rd March 2012 between 1.30pm and 6pm;
• DFO, 250 Centre Dandenong Road, Moorabbin, Victoria on Friday 30th March 2012 between 1.30pm and 6pm;
Each semi-finalist will be given a Prepaid Universal VISA Gift Card with $200 value on the day of their event and 45 minutes to shop for an outfit. The outfit chosen by each semi-finalist must be at minimum a dress and shoes or pants/shorts/skirt, a top and shoes. Semi-finalists must be changed into their outfit by the end of the 45 minutes and before the commencement of the fashion parade. Two changing rooms will be found next to the stage of the fashion parade, however the Promoter recommends that all Semi-finalists change into their outfit at the store at which they purchased their outfit or at one of the restroom facilities at the DFO, so they do not miss out on taking part in the fashion parade. Semi-finalists must hand back their Gift Card (including any unused credit) to the Promoter at the end of the 45 minutes. At the end of the 45 minute period the semi-finalists will compete in a fashion parade in front of a panel of judges where they will display their chosen outfit (by wearing the outfit). The outfit chosen by each semi-finalist must not be pornographic, sexually inappropriate, or contain any message/imagery that is or may in any way due to the choice/combination of clothes be abusive, harassing, threatening, objectionable/offensive with respect to race, religion or gender. If an outfit chosen by a semi-finalist is in breach of these Terms and Conditions, the semi-finalist will be disqualified from the competition and will not be permitted to compete in the fashion parade. The top 2 best outfits at each promotional event as determined by the judges on the day (based on how fashionable and creative the outfits are) will proceed to become a finalist (8 in total). All semi-finalists will be able to keep their purchased outfit valued at up to $200.
The 8 finalists will be photographed wearing the outfit they purchased on the day of the event and will be featured online at www.shoptilyoudrop.com.au/shopperoftheyear. The photographs will also be published in various magazines (the exact magazines will be determined by the Promoter in its absolute discretion). The photo-shoot will occur on the same say of the event at which the finalist appears. The public will then be able to vote for their favourite outfit by clicking on the outfit they deem is best (from the 8 outfits displayed on the shop til you drop website), input all requested details as prompted and submit the fully completed voting form. Voting will commence at 12noon AEDST on 31st May 2012 and close at 12noon AEDST on 29th June 2012. Maximum of three (3) votes per person per day. Each vote must be submitted separately and in accordance with the voting requirements.
The major prize winner will be determined from the public voting. The major prize winner will be the entrant with the greatest number of valid votes at the end of the voting period. The major prize winner will be awarded one (1) x Visa Debit Gift Card valued at $5,000. The major prize winner will be notified by phone or via email on Monday 23rd July. The major prize winner’s name will be also be published on the Shop Till You Drop website at 12noon AEST on 23rd July 2012.
12. The Promoter reserves the right, at any time, to invalidate any votes which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or votes that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts.
13. This is a game of skill and chance plays no part in determining the semi-finalists, finalists and major prize winner.
14. Total prize pool for the entire competition is valued at $45,000.
15. Prizes, or any unused portion of a prize, are not transferable or redeemable for cash. Any ancillary costs associated with redeeming a prize will be the responsibility of the winner, including travel costs incurred in travelling to any DFO shopping centre and travel insurance. Entrants must agree to be available for their nominated event date, failure to confirm event attendance by the time and date stipulated by the Promoter will result in a forfeit and the next best entry will be awarded a semi-finalist place at the event.
16. Any ancillary costs associated with redeeming a gift card are not included. Any unused balance of a gift card will not be awarded as cash. Redemption of any gift card is subject to any terms and conditions of the issuer including those specified on the gift card. Gift cards are valid for six (6) months from the date of issue. The Promoter will not be liable for any gift card that has been lost, stolen, forged, damaged or tampered with in any way. All semi-finalists must participate in the event to be eligible to retain the outfit and cannot simply retain the $200 gift card.
17. All prizes must be taken as offered. If for any reason a winner does not take/redeem a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be redeemed as cash. Prizes are not valid in conjunction with any other offer. Prizes are valued in Australian dollars. 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.
18. 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.
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 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.
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, unauthorized 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 tax liability incurred by a semi-finalist, finalist, the major prize winner or entrant; and (e) redemption of a prize and/or participating at a promotional event.
21. The Promoter’s decision in relation to all aspects of this competition is final and binding on all who enter and no correspondence will be entered into.
22. In the event that a prize is unavailable despite the Promoter’s reasonable endeavours to procure the prize within Australia, the Promoter reserves the right to substitute the prize with a different prize item of equal or greater value and/or specification.
23. Entrants consent to the Promoter and their Competition Partner using the entrant's name, likeness, image and/or voice in the event they are a semi-finalist, finalist or major prize winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any services supplied and products manufactured, distributed and/or supplied by the Promoter and/or the Promoter’s Competition Partner.
24. All entries submitted in connection with this competition become the property of the Promoter. Entries will not be returned to any entrant. As a condition of entering into this competition, each entrant agrees to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter. Each entrant warrants to the Promoter that each entry submitted is an original creative/literary work of the entrant which does not infringe the rights of any third party. The 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. 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 for any purposes at its discretion, including for any future promotion, marketing and publicity purposes without any further reference or payment or other compensation to the entrant.
25. Entrants’ personal details may be disclosed to and used by the Promoter and their Competition Partner for the purposes of administering this competition and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and prize suppliers. By entering this competition entrants consent to the Promoter and their Competition Partner so using or disclosing their personal information for the abovementioned purposes. Entry is conditional on providing this information. If an entrant “opts in" to receive marketing material from the Promoter and their Competition Partner, the Promoter and the Promoter’s Competition Partner 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 contact the Promoter or their Competition Partner if they do not wish for the Promoter and/or their Competition Partner to use their personal information for these purposes, or, if they wish to opt-out, access, correct or update the information. The collection use and disclosure of personal information collected in associated with this competition is governed by the ACP Magazines Privacy Notice (see contents page of any ACP Magazines Ltd magazine for location in each issue).
26. Any cost associated with accessing the competition website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry or voting software or any other mechanical or electronic means that allows an entrant to automatically enter or vote repeatedly is prohibited and will render all entries/votes submitted by that entrant invalid.
27. As a condition of accepting a prize, a semi-finalist/finalist/major prize winner (and friend/family member, in the case that a finalist nominates a friend/family member to model their chosen outfit on their behalf) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
28. The Promoter is ACP Magazines Ltd, 54 Park Street, Sydney NSW 2000 (ABN 18 053 273 546).
29. The Promoter’s Competition Partner is Colonial First State Property Management Pty Ltd (ACN 101 504 045) as disclosed agent for the owners of the DFO Centre at Essendon, 100 Bulla Road, Essendon Fields, VIC, 3041, Moorabbin, 250 Centre Dandenong Road, Moorabbin Airport, VIC, 3939, Homebush, 3-5 Underwood Road, Homebush, NSW, 2140, and South Wharf, 20 Convention Centre Place, South Wharf, VIC, 3006.