This competition (“Competition”) is conducted by The Australian Financial Review (ABN: 33 003 357 720) of Level 24, 201 Sussex Street, Sydney NSW 2001. (“Promoter”).
Entry to the Competition constitutes acceptance of these terms and conditions (“Conditions”). All entry instructions and prize information published by the Promoter form part of these Conditions.
The Competition is only open to “Eligible Entrants”, being individuals who: (i) are residents of Australia; and (ii) are not employees of, or contractors to, the Promoter, or any of its related corporations or franchisees or any of their agencies associated with the Competition; and (iii) are not a spouse, defacto spouse, parent, child or sibling (whether natural or by adoption) of such an employee or contractor.
Competition entry commences at 12.01am on 01/09/07 and closes at 11.59pm on 31/10/07 ("Entry Period"). All times and dates are times and dates in Sydney which may be AEST or AEDST.
To enter, an Eligible Entrant must use a compatible browser to visit www.afr.com and click through the competition banners ("Competition Website") and follow the directions there. For each entry, the entrant must provide: (a) the entrant’s Proposed AFR Ad, and (b) all other details requested at the Competition Website, including first and last names, phone number, postal address (including Post Code) and e-mail address.
An Eligible Entrant must not submit the same Proposed AFR Ad in more than one entry. Each Proposed AFR Ad must be substantially unique.
All entrants must ensure that their entries are received by the Promoter during the Entry Period. The Promoter takes no responsibility for late or misdirected entries or for any delays or failures in any telecommunications service or equipment.
All entries to the Competition may be subject to verification by the Promoter. An entrant MUST, within 7 days of being asked, at the Promoter's cost, allow the Promoter to inspect and copy any documents the Promoter may request establishing eligibility to enter or win, including evidence of age, residence or identity. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
The Promoter may, at its absolute discretion, declare any or all entries made by an entrant invalid if the entrant: (i) fails to establish their entitlement to enter the Competition to the Promoter's satisfaction; (ii) tampers with the entry process or benefits from such tampering; or (iii) submits an entry which in the Promoter's sole opinion is not in accordance with these Conditions. The Promoter may also decide not to publish any entry on the gallery, or at any time remove an entry from the gallery, at their discretion without prior notification.
Any costs associated with accessing the Competition Website are the responsibility of the person seeking access and are dependent on the internet service provider used.
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.
Every entry must include, as directed, the entrant’s proposed headline for an advertisement for the Australian Financial Review (a “Proposed AFR Ad”).
Each Proposed AFR Ad may comprise one or more “words”, but must comprise no more than 40 English language characters (including any spaces) and contain no foreign language characters.
The Promoter may exclude any entry if it forms the opinion that the Proposed AFR Ad in the entry may infringe any intellectual property rights or other rights of any person, including but not limited to rights in respect of trademarks of any type and copyright.
This is a game of skill and chance plays no part in determining the winners.
All the Proposed AFR Ads submitted will be judged by a judging panel no later than Friday 16 November 2007.
The criteria ("Judging Criteria") by which each entry's Proposed AFR Ad will be judged are:
Equal weight will be given to each of the three Judging Criteria.
Subject to these Conditions, the valid entry with the best Proposed AFR Ad, as determined by the judges, will win the Major Prize of an 1830 limited edition Hampton Square Steel Baume & Mercier timepiece, recalling its origins with the inscription William Baume Collection engraved on the case, valued at $5,950.
In addition, Proposed AFR Ads will be published in a gallery on the Competition Website where individuals will be invited to give each Proposed AFR Ad a star rating out of five during the Entry Period and until 12pm on the 11 November 2007.
Subject to these Conditions, the valid entry with the Proposed AFR Ad that scores the highest aggregate star rating (based on a formula determined by the Promoter in its absolute discretion) at the close of the voting will win a People’s Choice Prize. In the event that multiple entries are tied for the highest aggregate star rating, a judging panel will judge the tied entries based on the above criteria in order to determine the winner of the People’s Choice Prize.
The People’s Choice Prize winner will win the minor prize of a dozen bottles of the richly textured and exceedingly fine Croser 2004 wine valued at $425.
If a prize (or part of a prize) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods of no lesser retail value and/or specification. The Promoter accepts no other liability or responsibility for any loss incurred by a winner or any other party a prize is unavailable for any reason.
If the winner of a prize is under 18 years of age, the prize will be awarded to a parent or guardian of the winner, as determined by the Promoter, on the winner's behalf.
The right to receive a prize is not transferable or exchangeable and the prize cannot be taken as a monetary payment.
If for any reason a winner does not redeem an element of the prize by the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited.
The winners will be notified by email or post. The notification may include instructions as to how the winners are to claim the prize and establish his/her entitlement to it.
The names of the winners will be published in The Australian Financial Review on the 28 November 2007.
If a prize is: (i) not claimed by the winner within 3 months of the date on which is won; or (ii) claimed but then forfeited for any reason; the prize will be awarded to the next best entry in accordance with the methods set out in these Conditions. In this case, the name of the subsequent winner will be published in The Australian Financial Review on 28 March 2008.
In order to be entitled to the prize, the winner must, if requested by the Promoter, sign:
A winner who does not comply with this condition forfeits their prize.
By entering the Competition, each entrant agrees that his/her Proposed AFR Ad may, for no further consideration, be used by any one or more of the Promoter, its related entities and franchisees, for any purpose, including but not limited to use in relation to any products marketed by any of them, at any time, for an unlimited period, in any media, anywhere in the world. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
Each entrant warrants to the Promoter that each Proposed AFR Ad 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.
All entries (which shall include photographs) submitted become the property of the Promoter.
Each entrant must, at the Promoter’s request, assign all intellectual property and/or other rights that he/she may hold in or to his/her Proposed AFR Ad to the Promoter.
Notwithstanding any other provision of these conditions, neither the Promoter nor any related entity is obliged to use any Proposed AFR Ad, including any winning name, in relation to the AFR Ad, or any other product.
The Promoter maintains the right to edit any Proposed AFR Ad, which includes, but is not limited to, size, art direction, and copy, prior to use. The Promoter maintains the right to use the entrants name, suburb and post code on the Competition Website and in regards to the use of announcements.
If for any reason the conduct or operation of the Competition is interfered with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, computer bugs or viruses, tampering or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Competition.
The Promoter assumes no responsibility for: (i) any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise; (ii) any theft, destruction or unauthorized access to, or alteration of such communications; (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition; (iv) any incorrect or incomplete information which may be communicated in the course of the administering this Competition (whether as a result of one of the foregoing causes or otherwise).
CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THIS PROMOTION, OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY SUCH AN ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY SUCH DAMAGE, INTERFERENCE OR UNDERMINING.
All of the Promoter’s decisions are final and no correspondence will be entered into.
The Promoter accepts no responsibility for any tax liability incurred as a result of an entrant participating in the Competition. Entrants should obtain independent tax and financial advice.
To the full extent permitted by law, the Promoter, its associated companies and agencies and any of their personnel (the "Relevant Parties") exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any Eligible Entrant in connection with the Competition or prizes, including but not limited to: (i) any indirect, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; (iii) any liability for personal injury or death; (iv) any variation in prize values to those stated in these Conditions; (v) any tax liability incurred by a winner or entrant..
Each winner consents to the Promoter using their name, likeness, image and/or voice (including any photograph, film and/or recording of them) in any media at any time or times without remuneration for the purpose of promoting this Competition, the Promoter and/or any of the Promoter's products.
Entrants' personal information will be collected by or on behalf of the Promoter to enable it to administer the Competition and publicise its winner(s) and, if an entrant consents, may be used to market its products to the entrant. The personal information of each winner may be provided to others assisting in the conduct of the Competition, including the Competition administrator, prize suppliers and deliverers, and to regulatory authorities. Persons may contact the Promoter by post at the address stated in these Conditions to request access to, or corrections of, any of their collected personal information that is held by the Promoter. If an entrant does not provide accurate personal information the Promoter may determine that they are not eligible to win a prize.