“ACP PRINTWORKS 2012” TRADE PROMOTION -Terms and Conditions
1. Information on how to enter and prizes form part of these terms and conditions. Participation in this promotion is deemed acceptance of these terms and conditions.
2. Entry is open to any resident of NSW, Victoria or Queensland, aged 18 years and over who acting as the authorised representative of any corporate entity, purchase and complete a special ACP PRINTWORKS 2012 package (“Package”). Limited to one (1) advertiser per Package. For the removal of doubt, the winner will be deemed as the person who signed the ACP PRINTWORKS 2012 Contract unless the corporate entity provides ACP with a letter within one (1) week of the draw date stating otherwise.
3. All employees of Nine Entertainment Co and its group of companies and their immediate family members (including spouses, children, parents, brothers and sisters) are not eligible to participate.
4. To receive entry into the promotion, entrants must ensure they complete their Package in accordance with the Package terms and conditions which are detailed in the ACP Printworks 2012 brochure.
5. ACP Magazines Ltd however reserves the right to reject or not to publish any advertisement without having to assign any reason whatsoever whereupon ACP Magazines Ltd will refund all amounts paid less any amount utilised corresponding to such number of advertisement published as full and final settlement of the matter.
6. Entrants who cancel their Package without completing the full term are not eligible to be in the prize draw.
7. To be eligible to be included in the draw, payment of accounts for all Packages must be paid up to date with no arrears as at Friday February 22, 2013.
8. Entries into the draw will be given for each Package deemed eligible under Clause7 and will be awarded on the following basis:
- Package purchased to the value of $24,999 = one (1) entry into draw
- Package purchased to the value of $25,000 to 49,999 = three (3) entries into draw
- Package purchased to the value of $50,000 to $99,999 = seven(7) entries into draw
- Package purchased to the value of $100,000 or more = fifteen (15) entries into draw
9. The promotion commences Thursday, March 1, 2012 at 09.00 AM (AEDST) and closes at 05.00 PM (AEDST) on Friday, February 22, 2013.
10. The draw will take place on Monday, February 25, 2013 at 2.00 PM (AEDST) at ACP Magazines, 54-58 Park Street, Sydney NSW 2000. The winner will be notified in writing within two (2) business days of the draw and their name will be published in The Australian on Thursday, March 7, 2013.
11. The first valid entry drawn will win the prize. The prize is a Mercedes-Benz C 180 Coupé, 1.8 litre turbo, 4 Cylinder, 7-speed automatic (“Vehicle”). Prize includes twelve (12) months registration in winner’s state/territory of residence, standard fittings, twelve (12) months third-party compulsory insurance, stamp duty and dealer delivery. Total prize package is valued at up to RRP $65,257 depending upon the winner’s location. All optional extras and accessories, comprehensive insurance and any other insurance not stated, fuel, personal costs and all other ancillary or related costs are excluded. The winner must provide all information and sign all documentation necessary to enable the dealer to register the vehicle in the name of the winner prior to collection. Receipt of a prize vehicle is subject to the winner being able to lawfully take possession of the prize vehicle and comply with all registration and compulsory third-party insurance requirements of the state/territory in the state/territory the winner elects to register the prize vehicle. Vehicles depicted in all promotional material are not necessarily the same colour as the prize vehicle. The colour of the prize vehicle will be able to be chosen by the winner from the list of available colours as advised by the dealer at the time of selection. If the winner is not a resident of the Sydney or Melbourne Metropolitan Area, the prize vehicle will be available for collection from the dealership nominated by the Promoter nearest to the winner’s place of residence. Prize value is recommended retail drive away price given at 23rd November, 2011 and the Promoter takes no responsibility for any change in value. Delivery of the prize will be in accordance with normal business operations of the nominated dealership. If the Vehicle is unavailable for any reason, the Promoter reserves the right to substitute another vehicle prize of equal or greater value for that prize subject to the approval of any relevant authority.
12. The Vehicle will be delivered immediately subject to stock availability and the winner acknowledges a firm order being placed with the dealer constitutes the winning of the Vehicle. ACP Magazines Ltd is not responsible for any damage or alterations to the Vehicle once it is won.
13. The Vehicle is not redeemable for cash or kind and must be taken as offered.
14. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
15. A draw for the prize, if unclaimed, may take place on Monday, May 27, 2013 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner (if any) will be notified in writing within two (2) business days of the draw and their name will be published in The Australian on Monday, June 3, 2013.
16. 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
17. All decisions concerning any aspects or dispute connected in any way with the PRINTWORKS trade promotion will be made by ACP Magazines Ltd, whose decision is final. No correspondence or appeal will be entertained.
18. 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.
19. 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) use of the prize.
20. All entries become the property of the Promoter. The collection, use and disclosure of personal information provided in connection with this competition is governed by the Privacy Notice (see the contents page of the latest issue of any ACP magazine for its location). All entries submitted become the property of the Promoter. Entries will not be returned to any entrant. By entering this promotion each entrant warrants to the Promoter that each entry submitted is an original artistic work of the entrant which does not infringe the rights of any third party. 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 condition. The Promoter is entitled to use any of the entries submitted for any purposes at its discretion, including (but not limited to) for any future promotion, marketing and publicity purposes. By entering the competition, the entrant consents to receipt of any email regarding the competition, 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.
21. ACP Magazines Limited shall reserve the right to use the names and/or photographs of the entrants as material for the purposes of advertising and publicity and the entrants shall not be entitled to claim ownership or other forms of compensation on the materials. It is a condition of entry that each entrant also provide the Promoter with any comments for press releases, photographs, video, media interviews, and at any announcement event as requested by the Promoter.
22. The Promoter is ACP Magazines Limited, ABN 18 053 273 546 of 54 Park Street, Sydney NSW 2000. You can contact the Promoter in relation to the promotion by mail to this address or by telephone to 02 9282 8000. Authorised under permit numbers: NSW Permit No. LTPS/11/ 11611 VIC Permit No. 11/ 2691
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