ZOO & AUSTRALIAN GRAND PRIX COMPETITION
GAME OF SKILL TERMS AND CONDITIONS OF ENTRY
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this competition is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years or over who are available to travel and take the prize from 14 March 2012 to 19 March 2012. Employees (and their immediate families) of the Promoter, the Australian Grand Prix Corporation companies and 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. Competition commences at 00:01 AEDST on 23/01/2012. Entries close at 23:59 AEDST on 13/02/2012 (“Competition Period”).
4. To enter individuals must complete the following steps during the Competition period:
a) take an original photograph of themselves dressed up as a Grand Prix Grid Babe (guy or girl). Photographs must be creative and humorous. Individuals in the photograph must wear adequate clothing that covers all private areas on their bodies (so as to ensure that the photograph is not obscene, pornographic or sexually explicit in any way);
b) send an email to Grandprix@zooweekly.com.au (so that it is received by 23:59 AEDST on 13/02/2012) with the following:
• “Aust Grand Prix Competition” in the subject line;
• their full name, residential address, valid email address, date of birth and daytime contact number in the body of the email;
• attach the photograph of themselves dressed up as Grand Prix Babe.-Attachment must be in a JPEG format and must not exceed 3MB in size. No responsibility will be taken by the Promoter in the event that the entry is lost or damaged in editing.
5. Entries must not be (in the reasonable opinion of the Promoter), without limitation:
• late;
• delayed;
• incomplete;
• incomprehensible;
• unlawful;
• offensive;
• obscene;
• defamatory;
• discriminatory;
• libellous;
• threatening;
• pornographic or sexually explicit or inappropriate;
• harassing;
• hateful;
• racially or ethnically offensive;
• capable of encouraging of conduct that would be considered a criminal offence;
• capable of violating any law; or
• capable of giving rise to civil liability.
6. Incomplete and indecipherable entries will be deemed invalid and discarded.
7. Only one entry permitted per person.
8. It is a condition of entering the competition that the entrants accept that their entry (including their details and the photograph submitted) may, at any time, be used in a story or feature on this competition to be developed and featured in Zoo Weekly magazine (or any other form of media the Promoter deems suitable) without further remuneration or reference to the entrant. The entry may feature in Zoo Weekly Magazine on a date to be determined by the Promoter. The rights to inclusion of any such feature (including but not limited to creative control of the feature) will remain with the Promoter at all times.
9. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on the creativity and the humour of the photograph submitted and how well it addresses the entry criteria. 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. Each entrant warrants to the Promoter that the entry submitted is an original artistic work of the Entrant that does not infringe the rights of any third parties. If the entry or any part of the information provided to 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 competition. 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 clause.
11. 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 Promoter’s or its agents book publications, 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.
12. Further to clauses 8, 10 and 11, when an entrant submits any materials via the competition 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 18, 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.
13. Any entry which the judges deem inappropriate and in breach of these Terms and Conditions will be invalid.
14. This competition is being conducted for entertainment purposes only.
15. 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.
16. The judging will be done by a panel of judges appointed by the Promoter. The judging will take place at the Promoter’s premises and will commence on 14/02/2012. Winners will be notified by email and telephone using the contact details provided in their entry.
17. The best (1) valid entry, as determined by the judges, will be deemed the prize winner and will win a prize consisting of the following:
• Four (4) nights’ twin share accommodation for two (2) adults in a four (4) star hotel in Melbourne over the 2012 Formula 1™ Australian Grand Prix event weekend. Hotel will be determined by the Promoter at its complete discretion.[NB: YOU ARE NOT REQUIRED TO SPECIFY THE VALUE OF EACH COMPONENT OF THE PRIZE FOR GAME OF SKILL PROMOTIONS. WE HAVE THEREFORE REMOVED THESE VALUES AND ONLY SPECIFIED THE OVERALL VALUE. PLEASE CONTACT US IF YOU STILL WISH FOR THESE VALUES TO BE INCLUDED]
• Two (2) x grandstand tickets to the 2012 Formula 1™ Australian Grand Prix event (tickets include entry to the event for all three four (43) days of the event;
• Meet and Greet with selected members of the Crusty Demons at the 2012 Formula 1™ Australian Grand Prix event (on the day and time determined by the Promoter) and VIP access to watch the Crusty Demons closing performance at the 2012 Formula 1™ Australian Grand Prix event, on Sunday 18th March 2012.
If the winner is from NSW, ACT, SA, WA, TAS, NT or QLD, the prize also includes two (2) return economy class airfares from the winner’s nearest capital city to Melbourne, VIC departing Thursday 14 March 2012 and returning Monday 19 March 2012, valued at up to $2,000 (depending on point of departure) and two (2) return ground transfers from Melbourne Tullamarine Airport to the accommodation venue for two (2) adults. If the winner is from VIC then the prize does not include airfares or transfers and the airfare/transfer component of the prize is not redeemable for cash.
Total prize is valued at up to $4,710 (depending on point of departure).
18. The prize must be redeemed in full and as a package from 14 March 2012 to 19 March 2012, to coincide with 2012 Formula 1™ Australian Grand Prix. Redemption of prize is subject to booking and flight availability. Prize is a single event holiday and cannot be separated into different holiday vacations.
19. The winners (and their companion) are responsible for all other expenses including but not limited to surcharges, taxes (excluding airport and airline taxes), spending money, meals, insurance, drinks, transfers (unless specified), transport to and from departure point, laundry charges, activities (unless specified), incidentals, energy surcharges, gratuities, services charges, items of a personal nature, in-room charges and all other ancillary costs.
20. A credit card imprint or cash deposit will be required from the winner at check-in of the hotel for all incidental charges. If any accommodation vouchers are issued they are non-changeable.
21. Travel restrictions may apply. Prize does not include travel insurance. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances. [NB: WE QUERY WHAT TRAVEL RESTRICTIONS MAY APPLY. IF ONEROUS RESTRICTIONS ARE APPLICABLE THEN THESE RESTRICTIONS MUST BE SPECIFIED]
22. Itinerary to be determined by the Promoter in its absolute discretion.
23. The winner and their companion must travel on the same dates, depart from and return to the same point of departure and travel together. Frequent flyer points will not form part of the prize. Standard conditions for tickets and accommodation apply. The Promoter’s decision is final and no correspondence will be entered into. It is each winner’s responsibility to ensure that they have all relevant documentation in order to travel. All elements of a prize must be taken together within the one trip. Winners will not be compensated for unused portions of the prize.
24. The AGPC reserves the right (but has no obligation) to refuse to allow a winner and any companions to take part in any or all aspects of a prize if the AGPC determines, in its absolute discretion, that the winner and companions are not in the mental or physical condition necessary to safely participate in that aspect of the prize. Notwithstanding any other conditions set out herein, the AGPC at all times reserves the right to prevent any individual from participating in a prize for any reason whatsoever. The winner also agrees to comply, and will procure that their prize companions comply, with these Conditions of Entry.The 2012 Formula 1 Australian Grand Prix event ticket prizes 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.
25.24. To the extent permitted by law, the Promoter is neither responsible nor liable for any loss or damage suffered in the event that the 2012 Formula 1™ Australian Grand Prix is postponed, cancelled, rescheduled or relocated for any reason whatsoever or for any loss or damage suffered in the event that members of the Crusty Demons team are unavailable or postpone, cancel, reschedule the meet and greet for any reason whatsoever. What members of the Crusty Demons team will be available to participate in the meet and greet will be subject to the individual team members’ schedule and availability at the time of the arranged meet and greet. The Promoter makes no guarantees to the availability of all members of the Crusty Demons Team at the time of the meet and greet.
26.25. The prize must be taken as offered. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be redeemed as cash. The prize is not valid in conjunction with any other offer. The prize is 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. In the event that a portion of the prize is awarded to the winner in the form of a voucher / ticket / pass/ online, redemption, that portion of the prize will be subject to the terms and conditions stipulated on the voucher / ticket / pass/ online. The Promoter will not be liable for any voucher / ticket / pass that has been lost, stolen, forged, damaged or tampered with in any way.
27.26. Prize is subject to the standard terms and conditions of individual prize and service providers.
28.27. In the event that for any reason whatsoever the winner does not take the prize at the time stipulated by the Promoter, then the prize will be forfeited by the winner and cash will not be awarded in lieu of the prize.
29.28. In the event that a prize, or part of a prize, is unavailable, the Promoter reserves the right to substitute the prize or that part of the prize in its discretion with an alternative prize or part of the prize to the same and equal recommended retail value and/or specification.
30.29. The Promoter is neither responsible nor liable for any late lost or misdirected mail (including but not limited to prizes).
31.30. As a condition of accepting the prize, the winner (and their 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.
32.31. Any cost associated with sending the email to the address specified is the entrant’s responsibility and is dependent on the Internet service provider used.
33.32. 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.
34.33. 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) taking of the prize.
35.34. 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, 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.
36.35. The Promoter collects personal information in order to conduct the competition 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. All entries become the property of the Promoter.
37.36. 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.
37. ENTRANTS ARE REMINDED AND AGREE, ACCEPT AND ACKNOWLEDGE THAT MOTOR RACING, THE V8 SUPERCAR HOT LAP AND CERTAIN ACTIVITIES ASSOCIATED THEREWITH (INCLUDING, WITHOUT LIMITATION, PARTICIPATION IN THE PRIZE) ARE DANGEROUS AND ACCIDENTS CAN HAPPEN.
Entrants are warned that there is a possibility of an accident causing injury, death or property damage or loss and participation in the prize is at the entrants’ own risk. Entrants acknowledge that the risks associated with participating in the prize include but are not limited to the risk of suffering harm as a result of cars (or parts of them) colliding with other cars, persons or property. Entrants acknowledge that participating in the prize has a degree of danger and, to the extent permitted by law (in particular section 32N of the Fair Trading Act 1999 (Vic) and section 139A of the Competition and Consumer Act 2010 (Cth)), hereby exclude, release and forever discharge the AGPC, the Crown in right of the State of Victoria, the Minister administering the Act, the Minister administering the Crown Land (Reserves) Act 1978 (Vic), Federation Internationale de l’Automobile, Formula One World Championship Limited, Allsport Management S.A., Formula One Management Limited, Formula One Licensing B.V., Formula One Asset Management Limited, Beta Prema (UK) Limited, Confederation of Australian Motor Sport Ltd, Parks Victoria, State Sport Centres Trust, APP Corporation Pty Limited, ACP Magazines Limited, Sky News New Zealand, Crown Limited, AGPC sponsors and all other persons involved in the organisation, conduct and promotion of the Event and prize (Associated Entities) from all liability for claims, loss, damage, costs or expenses arising from any personal injury or death (whether arising from negligence (but excluding gross negligence) or otherwise), arising from or connected with participation in Recreational Services (as defined below) including the prize.
To the extent permitted by law (in particular section 32N of the Fair Trading Act 1999 (Vic) and section 139A of the Competition and Consumer Act 2010 (Cth)), entrants acknowledge that, to the extent to which they participate in the prize in:
• a sporting activity or similar leisure time pursuit; or
• an activity that:
a. involves a significant degree of physical exertion or physical risk; and
b. is undertaken for the purposes of recreation, enjoyment or leisure,
(Recreational Services), including, without limitation, participation in the prize, the Associated Entities do not make any warranty that the Recreational Services including the prize, will be provided with due care and skill or that any materials provided in connection with the Recreational Services, including the prize, will be fit for the purposes for which they are supplied. Entrants acknowledge that, to the extent that any warranty is implied it is excluded to the full extent permitted by law.
WARNING: If you participate in these activities your rights to sue the supplier under the Fair Trading Act 1999 (Vic) if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in the Conditions of Entry.
NOTE: The change to your rights as set out in this notice, does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross negligence” is defined in the Fair Trading (Recreational Services) Regulations 2004.
For the purpose of this Condition 16 “the supplier” will mean and include the Associated Entities.
Without limiting any other release or limitation of liability contained in the Conditions of Entry, the Associated Entities will not be liable for any indirect or consequential loss suffered by any entrant caused by any acts or omissions of the Associated Entities, their directors, employees, agents and contractors arising out of or in relation to the prize.
Nothing in this Condition 16 or these Conditions of Entry generally affects your rights under the Competition and Consumer Act 2010 (Cth), Fair Trading Act 1999 (Vic) or similar legislation regarding implied conditions and warranties to the extent that such implied conditions and warranties cannot be excluded by law.
38. The Promoter is ACP Magazines Limited (ABN 18 053 273 546) of 54 – 58 Park Street, Sydney, NSW 2000. Phone: 8268 8000.