Fairfax Media Ltd – The Sun Herald “Experience More” Promotion Terms and Conditions

1. Information on how to enter forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions.

2. Entry is open to all residents of Australia who are members of the Adcentre (property of Fairfax Media Ltd) email database. However, employees and their immediate families of Fairfax Media Ltd and their associated agencies and companies are not eligible to enter.

3. The competition commences on Monday, 28th June 2010 at 09:00 (AEST) and concludes on Friday, 16th July 2010 at 17:00 (AEST).

4. To enter:

Adcentre database members will receive an email during the promotional period inviting them to enter the promotion.

To enter, participants must:

• Take a photo of themselves “experiencing more with The Sun Herald” in the most creative way; then
• Send in an email to smhtrademarketing@fairfaxmedia.com.au with the subject line The Sun Herald ‘Experience More’ Promotion, with the photo attached (photo must be <3MB), and in the email body your full name and company name.

5. By entering the competition the entrant agrees that their images may be used for trade marketing purposes, including being published on the Adcentre website (www.adcentre.com.au) and the Adcentre monthly newsletter. If you do not wish for your entry to be used for this purpose you may not enter the promotion.

6. Entrants under the age of 18 must obtain the prior permission of a parent or guardian over the age of 18 to enter.

7. Incomprehensible and incomplete entries will be deemed invalid.

8. Entrants in the competition may only enter once. 

9. The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. 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 verify the validity of entries and to disqualify any entry which, in the opinion of Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.

11. Entries must be received by 17:00 (AEST) on Friday, 16th July 2010.  The time of entry will in each case be the time the entry message is received by the Promoter. The Promoter accepts no responsibility for any late, lost or misdirected entries including entries not received by the Promoter or delays in the delivery of the entry due to technical disruptions, network congestion or for any other reason.

12. The cost of entry will be dependant on the entrant’s individual Internet Service Provider.

13. There will be one (1) winner only. The winner will receive 1 x Samsung 46” (116cm) LED LCD TV valued at $3,699 (incl. GST)

14. Total prize value is $3,699 (incl. GST)

15. Prizes cannot be transferred and cannot be redeemed for cash.

16. Unless expressly stated in these terms and conditions all other expenses (including installation costs) become the responsibility of the winner.

17. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State Regulation.

18. The promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the promoter determines, in their absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the prize.  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.

19. Once prizes have left the Promoter’s premises, the Promoter takes no responsibility for prizes damaged, delayed or lost in transit.

20. By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the duration of the prize.

• In consideration for the Promoter awarding the prize to the winner, the winner hereby assigns to the Promoter all right, title and interest in and to all copyright in any material created pursuant to the winner’s participation in any aspect of the prize (Works). The winner acknowledges that the Promoter is free to use the Works and to exercise its rights in relation thereto and the winner will not be entitled to any fee for such use.

• In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with Fairfax Media Ltd or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.

23. In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.

24. Prize values are based upon the recommended retail prices at the time of printing (inclusive of GST). The promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.

25. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.

26. Judging will take place at The Promoters offices at Fairfax Media Ltd of 1 Darling Island Road, Pyrmont NSW 2009. The winner will be determined by 17:00 (AEST) on Friday, 23rd July 2010. The criteria for judging will be based on originality and creative merit as judged by the promoter. There will be one (1) winner only.

27. The winners will be notified within 7 days of determining the winner. The winners will be notified of their prize in writing. Winners of prizes valued over $250 will be published in a winner announcement email sent to Adcentre members on Monday, 26th July 2010.

28. Prizes will be awarded to person named in the entry. However, in a dispute, will be awarded to the account holder of the entry mechanism used to submit their entry (i.e. email address account holder). 

• Should an entrant’s contact details change during the promotional period, 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 Promoter.

30. The prize must be claimed by Monday, 25th October 2010 at 09:00 (AEST) and if the major prize remains unallocated or unclaimed, the prize will be reallocated to the entrant that has submitted the entry which best meets the judging criteria after excluding the entrant that has failed to claim the prize. In the event of a reallocated winner, their details will be published in the November Adcentre e-newsletter.

31. The promoter’s decision is final and the promoter will not enter into correspondence regarding the Competition result.

32. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements.

33. 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.

34. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation.

35. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law.  The Promoter is not responsible for any incorrect or inaccurate information, either caused by any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, network failure, theft or destruction or unauthorised access to or alteration of entries.

36. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion.  The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

37. Fairfax Media Ltd and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.

38. If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.

39. All entries become the property of the Promoter. The Promoter collects personal information about you to enable you to participate in this promotion but no further use of this information will be made without prior consent. 

40. Entrants’ personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter.

41. The Promoter is Fairfax Media Ltd, (ABN: 15 008 663 161) of Level 3, 1 Darling Island Road, Pyrmont, NSW 2009.