ACP

1. Instructions on how to enter and prizes form part of these Terms and Conditions. Participation in this competition is deemed acceptance of these Terms and Conditions. 2. Entry is open to residents of Australia only. 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. Employees of the Promoter, advertising agencies and their immediate families, are not eligible to enter. . Only one (1) entry per person will be permitted. 3. The competition commences on 7th September 2011 and closes 4pm AEDT on 5th October 2011 (“Promotional Period”). The judging will take place at the Promoter’s premises 54 Park Street, Sydney NSW 2000 and will begin on 6th October 2011. The winners will be notified by phone and mail. 4. To enter, individuals must send an email to philips@acpmagazines.com.au during the Promotional Period, with the subject title “Take the Challenge Whiter Teeth Competition”, containing their full name, address, daytime telephone number and an answer to the question (in 25 words or less): "Why should you take on the 28 Day Challenge and receive your very own Sonicare FlexCare + worth $229.95 to keep.”? 5. 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. 6. The best twenty (20) valid entries received as determined by the judges will each win a prize: A Sonicare FlexCare + worth $229.95 each. Information and details about Sonicare FlexCare + can be viewed online at www.[INSERT URL]..philips.com.au. If selected to participate in the 28 day challenge as one (1) of the twenty (20) winners, it is a condition of accepting a prize that entrants will need to send before and after photographs of themselves to the Promoter. Further details about this prize requirement will be provided to winners by the Promoter. Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same, and including photographs submitted by a winner to the Promoter) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. 7. Total prize pool value is $229.95 x 20 = $4,599. If a winner of a prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf. 8. Any ancillary costs associated with redeeming a prize are not included. These are the responsibility of the winners. 9. 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 question provided. The judges’ decision in relation to any aspect of the competition will be final and binding on every person who enters. No correspondence will be entered into. 10. All prizes must be taken as offered. Prizes, or any unused portion of a prize, is 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. The Promoter accepts no responsibility for any variation in prize values. 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. 11. Prizes do not include any installation or set-up of any of the products. 12. Products included in prize packages (including but not limited to titles, colour, design, sizing, style) will be determined by the Promoter in its complete discretion. All prizes must be taken as offered. 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 nor liable for any prize damaged in transit in the delivery of their prize. 15. 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. 16. If for any reason a winner does not redeem an element of a prize by the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited. 17. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification. 18. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid. 19. 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, 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 competition. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its 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 the competition, including, but not limited to, where arising out of the following: (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; and (f) use of a prize. 20. If this competition 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, 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 competition, as appropriate. 21. All entries submitted become the property of the Promoter. Entries will not be returned to any entrant. As a condition of entering into this competition, each entrant licences the Promoter to use their entry in any media for an unlimited period for any reason including but not limited to future promotional, marketing or publicity purposes. Each entrant warrants to the Promoter that each entry submitted is an original literary work of the entrant that does not infringe the rights of any third party. The entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth). 22. All entries become the property of the Promoter. The collection, use and disclosure of personal information provided in connection with this competition is governed by The Privacy Notice (see contents page for location in this issue). By entering the competition, unless otherwise advised by the entrant, each entrant consents to the information they submit with their entry being entered into a database and the Promoter may use this information in any media for future promotional, marketing and publicity purposes without any further reference or payment to the entrant. A request to access, update or correct any information should be directed to the Promoter. 23. As a condition of accepting a prize, the winner 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. 24. The Promoter is ACP Magazines Limited, ABN 18 053 273 546, 54 Park Street, Sydney NSW 2000.