“FAIRFAX MEDIA “ADS BETTER RICH” PROMOTION.

TERMS AND CONDITIONS 

  1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. Promotion commences on 03/09/2018 and entries close at 11:59pm AEDST on 19/10/2018 (“Promotional Period”).
  3. Entry is only open to residents of NSW, VIC, SA, WA and QLD aged 18 years or over who are employed by a creative or media agency in NSW, VIC, SA, WA and QLD, in a full time capacity. Individuals must obtain the consent of their employer to participate in this promotion.
  4. Employees (and members their immediate family) of the Promoter and agencies associated with this promotion 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.
  5. To enter, eligible individuals must undertake the following steps during the Promotional Period:
  • Visit www.adsbetterrich.au and follow the prompts to the competition entry form. Complete all required details and confirm acceptance of the outlined terms and conditions and submit. The entrant will then receive an invitation via email to register for build only access via the Fairfax Media Celtra account;
  • Follow the prompts in the email to register for access to the Fairfax Media Celtra account;
  • Once their form is checked and deemed valid, it will be registered and Fairfax Media will provide the entrant build only access to Celtra (3rd party CMS supplier at celtra.com.au) in order for the entrant to complete the further required steps as part of their entry in this promotion;
  • Log into their Fairfax Media Celtra account and follow the prompts to design and build x1 rich media ad unit. For the basis of this promotion the ad unit must be a Mobile Interscroller, as illustrated at https://ad-specs.adcentre.com.au/adspecs/smartphone-celtra-interscroller/. The ad unit must be built in Fairfax Media’s preferred CMS platform (Celtra). The ad unit must creatively communicate an awareness message, specifically promoting the entrant’s employer. The entrant must seek permission from his/her employer to produce a rich media display ad unit and the ad must comply with the content provisions of these Terms and Conditions. Further instructions and details regarding the ad unit that must be created will be featured at www.adsbetterrich.adcentre.com.au;
  • Switch the status of the ad unit from “building” to “reviewing” within their Fairfax Media Celtra account by 11.59pm (AEDST) on 19/10/2018. For the designed and built Mobile Interscroller ad format to be recognised as a complete entry, the entrant must switch the status of the ad by the specified date; not doing so may result in the entry being invalidated at the Promoter’s discretion.

The Promoter reserves the right to verify the date and timestamp of updates to the ad unit in Celtra to ensure the entry was completed within the outlined Promotional Period.

  1. Each person who submits an entry (“Entrant”) warrants to the Promoter that each entry submitted is an original creative work of the Entrant that does not infringe on the rights of any third party. All entries, including text, images, sounds, music and videos used in an ad item, must comply with the provisions contained in these Terms and Conditions and must not infringe the rights or third parties.
  2. Upon completion of the above steps, subject to verification by the Promoter, the Promoter may upload entries on various blogs and/or websites at its discretion, for public viewing. The Promoter reserves the right to review all entries, prior to and after publication, for compliance with these Terms and Conditions. Entries that contain prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions (as determined by the Promoter in its absolute discretion) will not be posted to the Promoter’s microsite or will be removed, as appropriate. In addition, any Entrant that submits such content will not be eligible to win. The Promoter is under no obligation to publish any entry and whether an entry is published (and where) will be determined by the Promoter in its absolute discretion.
  3. The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s identity, age, place of residence and place of employment) and reserves the right, in its sole discretion, to disqualify any Entrant who the Promoter has reason to believe is not an eligible individual, has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of this promotion. Errors and omissions may 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. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  4. Incomplete or indecipherable entries, entries which do not have the build status as “reviewing” by the above outlined completion date and any entries submitted by a person who is not an eligible individual, will be deemed invalid.
  5. Only one (1) entry is permitted per eligible individual.
  6. 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.
  7. This is a game of skill and chance plays no part in determining the winner. The judging will be conducted by judge(s) selected by the Promoter at Fairfax Media 1 Darling Island Road, Pyrmont NSW 2009 commencing on 24/10/2018. The judge(s) will select one winning entry from the valid entries received during the Promotional Period. The judge(s) may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible Entrant. Each entry will be individually judged based on creativity and how they have best designed, and built a mobile interscroller, as deemed to be by the judge(s).
  8. The Entrant who submits the best valid entry, as determined by the judge(s) (acting in their absolute discretion), will win a trip for two (2) adults to Austin, Texas USA (as outlined below) and a digital advertising package across the Fairfax Media AMP network valued at $30,000 (market value), with placement for each ad dictated by Fairfax Media in its discretion, and ad unit build requirements and production costs to be covered and paid for by the entrant’s employer. The advertising package is subject to the standard Terms and Conditions of Fairfax Media. The full value of the digital advertising package must be redeemed by 30 June 2019. The following products will be excluded from the advertising package; Headlines, Hero products (Unmissable, Audience Hero, Day in the life, Branded Content) D&A, Video and may/may not run on the outlined brand websites (at the Promoter’s discretion) AFR.com.au, Essentialbaby.com.au, essentialkids.com.au and traveller.com.au. The digital advertising package will run at “site” level ie. Run of SMH, Run of AGE etc under a ratecard CPM. In the delivery of the digital advertising package all Ad Operations SLA’s/Lead times and product rules will apply.
  9. For the avoidance of doubt, only one (1) prize will be awarded. The determination of the judge(s) will be final and not subject to any appeal. The Promoter will not enter into any correspondence.
  10. The winner will be notified by phone and email by no later than 31 October Winner will be required to complete a prize acceptance form within 5 business days (a business day being any day Monday-Friday, excluding public holidays in New South Wales, Australia) of being notified as the winner to formally accept the prize. Winner must also provide a copy of their valid passport with minimum 6 months validity past the proposed return date to Australia within 5 business days of being notified as the winner, or that person shall be deemed to have forfeited the prize and an alternative winner (being the next reserve winner judged as next best entry at the same time of the original judging) shall be notified by email and phone. The reserve winner will then be required to complete a prize acceptance form and provide a copy of their valid passport within 5 business days.
  11. The trip to Austin, USA is valued at up to AUD$22,000, depending on the date and point of departure. The trip is valid for two (2) adults. The details of the trip are as follows:
  • Two (2) return economy flights between winner’s choice of Sydney, Melbourne, Adelaide, Perth or Brisbane to Austin, Texas USA;
  • Return private car transfers between airport and hotel in Austin, Texas;
  • 7 nights accommodation (twin/double share);
  • Travel insurance for two (2) adults, up to the value of AU$200 per person. Travel insurance is subject to the terms of and approval of the Promoter’s chosen insurer. If the travellers do not meet the conditions specified for the travel insurance, travel insurance will not be included and will not be awarded as cash;
  • 2 x platinum tickets to the world’s leading interactive, film, music and comedy conference in Austin Texas, with the conference and tickets chosen by the Promoter in its discretion.

Trip must be taken between 8 March 2019 and 17 March 2019, with the exact dates of travel determined by the Promoter in its absolute discretion subject to availability. The trip is subject to the following conditions:

  • The winner may select a guest aged 18 years of age or older.
  • A guest of a winner will be required to complete a prize acceptance form (and will need to provide a copy of their valid passport with minimum 6 months validity past the proposed return date to Australia within 5 business days of the winner being notified to enable the travel booking to be made.
  • Winner and guest must finalise the prize booking within 7 business days of the original winner notification and all travel must be completed on set dates outlined herein.
  • Trip prize package is a single event holiday and cannot be separated into different holiday segments.
  • The winner and their guest must travel together on the same flights and stay in the same accommodation.
  • No compensation or alternative travel plans will be arranged should the prize winner and/or their guest miss their outbound or return flights or fail to meet any check in requirements for any reason. These costs will be the sole responsibility and expense of the winner and their guest.
  • A credit card imprint will be required from the winner at check-in to the hotel for all incidental charges.
  • Once booking is confirmed no changes are allowed, unless otherwise authorised by the Promoter in its absolute discretion and if permitted will incur a fee of $150 including GST plus supplier charges which is payable by the winner.
  • Comprehensive travel insurance is compulsory and will be the responsibility of the winner and their guest (where not provided with the prize, as stated above)
  1. Travel suppliers/airlines to be chosen at the discretion of 33 Degrees Worldwide Pty Ltd (the “Prizing Agency”).
  2. In the event that an element of the prize is cancelled or postponed for any reason, the winner forfeits the specified element and no cash alternative will be granted in lieu of the part of the prize.
  3. Unless expressly stated in these terms and conditions all other expenses become the responsibility of the winner and his/her companion including but not limited to all meals, additional spending money, incidentals, mini-bar, laundry, room service, telephone calls, transfers and all other ancillary costs. All travel and bookings are subject to availability.
  4. The winner agrees that neither he/her nor his/her companion will sell or otherwise provide their story and/or photographs to any media or other organisation, without the prior written permission of the Promoter.
  5. The winner (and his/her companion) must depart from and return to the same departure point and travel together. Itineraries are to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers.
  6. If for any reason the winner does not take the prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash. If a winner does not take or redeem a prize or an element of a prize by the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited.
  7. In the event of war, terrorism, state of emergency, disaster, any fire, flood, earthquake, act of God, riot, civil disorder, rebellion, revolution or similar event to the foregoing that adversely affects the Promoter’s ability to perform any of its obligations, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion, or suspend or modify a prize or any part of a prize.
  8. If the prize (or part of the prize) is unavailable, the Promoter, in its absolute discretion, reserves the right to substitute the prize (or that part of the prize) with a prize of similar value and/or specification
  9. Any tickets that form part of the winner’s prize are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
  10. Total prize value is up to AUD$52,000. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  11. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to answers, text, recordings, music, videos and images (“Content”). The Promoter shall not be liable in any way for Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
  • 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;
  • their Content shall not contain any viruses or cause or be likely to cause any injury or harm to any person or entity;
  • they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
  • the Content is the original work of the Entrant that does not infringe the rights of any third party;
  • they consent to any use of the Content which may otherwise infringe any Content creator’s moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
  • 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.

  1. As a condition of entering this promotion, each Entrant 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 their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Each Entrant must ensure that they have the full and unrestricted right to grant the license contemplated herein, including but not limited to, from their employer.
  2. Each Entrant consents to the Promoter using his/her name, likeness, image and/or voice in the event he/she are the winner and agree to obtain the consent of their employer to use the employer’s details (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  3. 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.
  4. Any cost associated with accessing the promotional website is the Entrant’s responsibility and is dependent on the Internet service provider used.
  5. The Promoter will not be liable for any Tax arising out of participation in this promotion (including acceptance of a prize). Eligible Individuals and the Entrant’s employer should seek independent financial advice in this regard. For the purposes of these Terms and Conditions, “Tax” means all past, present and future taxes of any name, kind or description imposed by Australia, or any of its States or Territories and includes any interest, fine, penalty, charge or additional amount payable in relation to a tax. For the avoidance of doubt, “Tax” includes GST, including any over-claimed or input tax credits.
  6. 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 2010, as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).
  7. Except for any liability that cannot by law be excluded (including for fraud, the Non-Excludable Guarantees and personal injury or death caused by negligence), the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability for loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of this promotion, including: (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) if a scheduled event that forms part of the winner’s prize is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or Entrant; or (g) use of and/or participation in a prize.
  8. As a condition of accepting the prize, the winner (and his/her companion) 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.
  9. The Promoter collects personal information (“PI“) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors (including Celtra), service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at fairfax.com.au/privacy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter and its agencies on it’s behalf may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Entrant. The Privacy Policy also contains information about how Entrants may opt out, access, update or correct their PI, how Entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter may disclose Entrants’ PI to its related bodies corporate, external service providers and other third parties located overseas as set out in its Privacy Policy. This includes related bodies corporate located in New Zealand and South East Asia, data hosting and Cloud-based IT service providers and other external service providers located in the Philippines and U.S. Additionally, PI may be disclosed to other third parties operating in jurisdictions including China, India, Indonesia, New Zealand, Hong Kong and the United States where the Entrant has authorised the Promoter to do so.
  10. When an individual registers on the Celtra platform, they also agree that they may receive promotional emails and communications from Celtra and agree to the Celtra privacy policy, available at http://www.celtra.com/privacy-policy.
  11. The Promoter is Fairfax Media Limited (ABN 15 008 663 161) of 1 Darling Island Road, Pyrmont NSW 2009.
  1. In these terms and conditions, anything mentioned after the words includes, including, for example, or similar expressions, does not limit what else might be included.