People's Choice Ts & Cs

CARSGUIDE.COM.AU PEOPLE’S CHOICE PROMOTION
TERMS AND CONDITIONS

By entering ‘Carsguide.com.au People’s choice’ promotion, you are agreeing to the following terms and conditions:

1. STANDARD TERMS

1.1 Information on how to enter forms part of the terms of entry. Entry into the promotion is deemed acceptance of these conditions for entry.

2. WHO CAN ENTER

2.1 Subject to clause 2.2 and 2.3 entry is open to all residents of Australia.

2.2 Directors, management, employees and their immediate families of Nationwide News and their associated agencies and companies are not eligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether by natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.

3. HOW TO ENTER

3.1 The competition commences on Friday 14 December 2012 at 12:01am (AESDT) and concludes on Sunday 20 January 2013 at 11:59pm (AESDT) (“the Competition Period”).

3.2 To enter the competition, readers must visit www.carsguide.com.au/caroftheyear/peoples-choice_x during the competition period, and enter all details as directed within the competition page, including answering in 25 words or less “why you choose the your overall winner”

3.3 Entrants (including winners) in the competition may only enter once.

3.4 The time of entry will, in each case, be the time of entry recorded by News Digital Media servers.

3.5 The Promoter, its agents, affiliates or representatives will not be liable for any lost, late or misdirected entries.

3.6 Incomprehensible and incomplete entries will be deemed invalid.

4. HOW TO WIN

4.1 Each entrant who has entered the competition over the Competition Period and registered all details in accordance with clauses 2 and 3 will be entered into the prize draw. The draw will take place at Carsguide.com.au 175 Liverpool Street, NSW 2000 on Thursday 24 January 2013 at 10:00am (AESDT).

4.2 One (1) winner will be selected from all valid entries as judged to have best answered the question in clause 3.2.

4.3 Winner will be notified by email and published online at Carsguide.com.au by Friday 25 January 2013.

4.4 The Promoter’s decision in relation to any aspects of the competition including judging is final and the Promoter will not enter into any correspondence regarding the result.

4.5 It is a condition of accepting the prize that the winners may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.

4.6 Entries not completed in accordance with these terms and conditions will not be considered valid and will not be included in the draw. Indecipherable or incomplete entries will be deemed invalid.

4.7 The Promoter reserves the right to request that the winners provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bills) in order to claim the 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.

4.8 The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of the 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 and conditions of entry, or who has, in the opinion of the 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 the Promoter becomes aware that the winner and/or the winner’s entry if of a type described in this clause.

5. PRIZES

5.1 One (1) winner will each receive:
- $5,000.00 cash (cheque, EFT or prepaid credit card)
- Oscar Natural package valued at $200
Total prize pool value is $5,200

5.2 Oscar Natural is responsible for the fulfilment of the prize directly with the winners.

5.3 The prize is not exchangeable and cannot be taken as cash, may not be sold, or used in any other promotion. Any additional charges such as spending money and travel are the responsibility of the winner. The Promoter accepts no responsibility for any variation in the prize value.

5.4 If a winner, for whatever reason, is unable to attend the event or redeem prize, or does not take an element of the prize within the time stipulated by the Promoter then that element of the prize will be forfeited by the winner. Cash will not be awarded in lieu of the prize or element thereof.

5.5 If the prize or any part of the prize becomes unavailable for reasons beyond the Promoters’ control, the Promoters will endeavour but are not obliged to provide a substitute prize of equivalent value.

5.6 To the full extent permitted by the law, the Promoters exclude liability for any loss, damage or injury whatsoever suffered or sustained (including, but not limited to direct, indirect, special or consequential loss or damage, loss of opportunity revenue or profit) arising directly or indirectly out of or in connection with this promotion.

5.7 The winner must, on request by the Promoter, be able to provide evidence which, to the reasonable satisfaction of the Promoter, demonstrates that the winner is an eligible entrant (as per clauses 2.1, 2.2 and 2.3) and has complied with these terms and conditions.

5.8 Any taxes (other than GST, if any) which may be payable as a consequence of a winner receiving this prize are the sole responsibility of the winner.

5.9 In participating in the prizes, the winners agree to participate and co-operate as required in all editorial activities relating to the promotion, including but not limited to being interviewed and photographed. The winners grant the Promoter a perpetual and non exclusive licence to use such footage and photographs in all media world wide and the winner (and their companions) will not be entitled to any fee for such use.

5.10 The winners agree that they will not sell or otherwise provide their story and/or photographs to any media or other organisation.

6. NO LIABILITY

6.1  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. Neither is the Promoter responsible for any incorrect or inaccurate information, either caused by the entrant or any of the equipment or programming associated with, or utilised in this competition, or for any technical error, or 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, communications line or telephone, mobile or satellite failure, theft or destruction or unauthorised access to, or alteration of, entries.

6.2  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 other causes beyond the reasonable control of the Promoter which corrupt or affect the administration, security, fairness, 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 written directions given under State Legislation.

6.3  Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence) for any personal injury, loss or damage (including loss or opportunity) whether direct, indirect, special or consequential, arising in any way out of the promotion, 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 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 conditions of entry;
e)  any tax liability incurred by a winner or entrant;
f)  the broadcast of any program relating to the competition or the publication of any material, including statements made by any compere, staff member, journalist, other entrants or any other person; and/or
g)  participation in the prize.

6.4  Once prizes have left the promoter’s premises, the Promoter and their associated agencies take no responsibility for prizes damaged, delayed or lost in transit.

6.5  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.

7.  PRIVACY CONSENT

7.1  Nationwide News, as the Promoter of this competition, collects your personal information to assist us in providing the goods or services you have requested, to process your competition entries and to improve our products and services. We or any of our Australian related companies may be in touch by any means (including email or SMS) at any time to let you know about goods, services or promotions which may be of interest to you. We may also share your information with other persons or entities that assist us in providing our services, running competitions (including administering the competition or distributing prizes) or with other companies who provide prizes for competitions or reader offers. We may also disclose your personal information in accordance with these terms and conditions if you are a prize winner or finalist.

This company is part of a global media and entertainment company. We would like to share your information with these overseas-related companies so that they can contact you with special offers. If you would prefer us not to, please contact our Privacy Officer on (02) 9288 3212. You can gain access to your personal information by contacting our Privacy Officer.

8.  PROMOTER’S DETAILS

8.1  The Promoter is One Way Traffice Pty Ltd (ABN 37 150 757 574) of 175 Liverpool Street, Sydney, NSW, 2000

8.2  This competition is a game of skill.