FAIRFAX MEDIA PTY LTD
Fairfax Media MySmallBusiness Survey 2012
TERMS AND CONDITIONS
1. Information on how to enter forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions.
2. The Promotion is a game of skill, and chance plays no part in determining the winners.
3. Entry is open to all residents of Australia. However, employees and their immediate families of Fairfax Media Publications Pty Limited, Salmat Digital Pty Limited, and their associated agencies and companies are not eligible to enter.
4. The competition commences on Tuesday 20th November, 2012 at 00:01 (AEDT) and concludes on Tuesday 18th December, 2012 (AEDT).
5. The competition may be advertised on any of Fairfax Media’s affiliated websites and publications including the following:
- The Age and The Sydney Morning Herald newspaper
- The MySmallBusiness email newsletter
- MySmallBusiness and BusinessDay solus email
6. To enter, participants must either:
a. Log on to either:
And register their details including (but not limited to) first name, last name, email address phone number and answer to the question “please tell us in 25 words or less what suggestions you have for features or functions in MySmallBusiness” to complete their entry.Or;
b. The recipients of the The MySmallBusiness email newsletter and/ or MySmallBusiness and BusinessDay solus email can click on the Take a survey now link supplied within the email and register their details including (but not limited to) first name, last name, email address , phone number answer to the question “please tell us in 25 words or less what suggestions you have for features or functions in MySmallBusiness” to complete their entry.
7. Entrants under the age of 18 must obtain the prior permission of a parent or guardian over the age of 18 to enter.
8. Incomprehensible and incomplete entries will be deemed invalid.
9. Only one prize per person is permitted.
10. The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill or store receipt for purchase requirement) in order to claim a 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.
11. 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 the Promoter. The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
12. Entries must be received by 23:59 (AEDT) Tuesday 18th December, 2012. The time of entry will in each case be the time the entry is received by the Promoter. The Promoter accepts no responsibility for any late, lost or misdirected entries not received by the Promoter or delays in the delivery due to technical disruptions, network congestion or delays due to postal service disruptions or for any other reason.
13. The winner will receive One (1) $1,000 ANZ Visa Prepaid Card.
14. Any entry that is made on behalf of an entrant by a third party will be invalid.
15. Total prize value is $1,000 (Including GST)
16. Prizes cannot be transferred or redeemed for cash.
17. Unless expressly stated in these terms and conditions all other expenses (including installation costs) become the responsibility of the winner.
18. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State Regulation.
19. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter determines, in their absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the prize. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
20. Once prizes have left the Promoter’s premises, the Promoter takes no responsibility for prizes damaged, delayed or lost in transit.
21. By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the duration of the prize.
22. In consideration for the Promoter awarding the prize to the winner, the winner hereby assigns to the Promoter all right, title and interest in and to all copyright in any material created pursuant to the winner’s participation in any aspect of the prize (Works). The winner acknowledges that the Promoter is free to use the Works and to exercise its rights in relation thereto and the winner will not be entitled to any fee for such use.
23. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection Fairfax Media Publications Pty Limited or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.
24. In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.
25. Prize values are based upon the recommended retail prices at the time of printing (inclusive of GST). The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.
26. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.
27. If the competition winner is under 18 years of age, the prize will be awarded to the winner’s parent or legal guardian.
28. Each valid entrant who has entered the competition over the duration of the promotional period will be judged based on their answer to the entry question. One valid entrant, who in the sole opinion of the judging panel, has submitted the most creative entry will be selected to become the winner. The prize determination will take place at Fairfax Media Publications Pty Limited, of Level 3, 1 Darling Island Road, Pyrmont, NSW, 2009, on Thursday 20th December, 2012 at 10:00 (AEDT).
29. If any particular prize determination is scheduled on a public holiday, the prize determination will be conducted on the following business day.
30. The winners will be notified within 2 days of the prize determination. The winners will be notified of their prize in writing.
31. Prizes will be awarded to person named in the entry. However, in a dispute, will be awarded to the account holder of the entry mechanism used to submit their entry (i.e. mobile phone account holder or land line account holder).
32. Should an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to Promoter.
33. All reasonable attempts will be made to contact the Winners. If a prize remains unclaimed by a winner or unallocated or forfeited for any reason, by 9:00 (AEDT) on Wednesday 20th March, 2013, the prizes will be re-allocated to the entrant that has submitted the entry which best meets the judging criteria excluding the entrant that has failed to claim the prize. This unclaimed prize determination will take place at Fairfax Media Publications Pty Limited, of Level 3, 1 Darling Island Road, Pyrmont, NSW, 2009 on Wednesday 20th March 2013 at 10:00 (AEDT). The winners will be notified within 2 days of the prize determination.
34. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the Competition result.
35. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements.
36. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
37. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any written directions given under State Regulation.
38. 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. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any 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 network failure, theft or destruction or unauthorised access to or alteration of entries.
39. 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.
40. Fairfax Media Publications Pty Limited, Salmat Digital Pty Limited and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
41. 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 causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or 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 direction given under State Regulation.
42. All entries become the property of the Promoter. The Promoter collects personal information about you to enable you to participate in this promotion but no further use of this information will be made without prior consent.
43. Salmat Digital Pty Limited, on behalf of Fairfax Media Publications Pty Limited is collecting the entrant's personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winner). The entrant's personal information may be disclosed to Salmat Digital Pty Limited for this purpose. If you are not willing for this to occur you cannot participate in the promotion.
44. Entrants’ personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation. For purposes of public statements and advertisements the Promoter will only publish the winner’s surname, initial and state. A request to access, update or correct any information should be directed to the Promoter.
45. The Promoter is Fairfax Media Publications Pty Limited, ((ABN: 33 003 357 720) of Level 3, 1 Darling Island Road, Pyrmont, NSW, 2009.