PENGUIN RANDOM HOUSE AUSTRALIA CONSUMER WEBSITE PROMOTION
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1 PENGUIN RANDOM HOUSE AUSTRALIA CONSUMER WEBSITE PROMOTION This promotion commences on 1 August 2016 at 12.01am AEST and concludes on 13 September 2016 at 11.59pm AEST. One (1) winner and their three (3) nominated companions (comprising of two (2) children accompanied by two (2) adults who must be their parent or legal guardian) will each receive 1 x ticket for Matilda the Musical in Brisbane, return flights to Brisbane from any capital city in Australia and accommodation for 2 nights at Mantra Midtown,127 Charlotte Street, Brisbane QLD (total prize valued at RRP $2,600 $4,700 plus GST). The winner/s will be judged on 23 September 2016 at 11.00am AEST at Penguin Random House Australia Pty Ltd at 707 Collins Street, Docklands, Victoria HOW TO ENTER Australian residents aged 18 years or over, and Australian residents aged under 18 years who have obtained the consent of their parent or legal guardian, (excluding the directors, management, employees (and their immediate families) of the Promoter, its related entities, participating outlets, printers, suppliers, providers or agencies associated with the advertised promotion) will be eligible to enter the advertised promotion. Eligible entrants are encouraged to see how many of the 14 specified Roald Dahl books they can read during the promotional period. There are 14 different quizzes that correspond to the 14 different books. To enter the promotion, eligible entrants must, during the promotional period: a) read seven of the 14 specified Roald Dahl books and complete seven quizzes at the promotional website readathon/ to unlock the entry form; b) complete the entry form at the promotional website; and c) answer the question Who is your favourite character from Roald Dahl s Matilda, and why? at the promotional website. CONDITIONS OF ENTRY 1. Information in relation to the promotion including, without limitation, information on how to enter, mechanics of how to enter and prizes form part of these Conditions of Entry. Entry into this promotion is deemed acceptance of these Conditions of Entry by each entrant. Entry is via Internet only. 2. Any costs associated with accessing the promotional website remain the responsibility of each entrant and is dependent on the Internet service provider used. 3. Entry is open to Australian residents. The directors, management, employees (and their immediate families) of the Promoter, its related entities, participating outlets, printers, suppliers, providers and agencies associated with this promotion are ineligible to enter. 4. Entrants aged under 18 years must obtain the consent of their parent or legal guardian to enter the promotion. All entries of entrants who enter the promotion without disclosing (or who enter the promotion by attempting to conceal) their age (as and where required) and/or do not provide the required parental consent (as and where required) will be deemed invalid. These Conditions of Entry will bind the entrants and any parent or legal guardian who gives their consent, for entrants aged under 18 years.
2 5. Eligible entrants may enter on only one (1) occasion for each advertised promotion. Any subsequent entry after the first valid entry received from an entrant will be deemed invalid. Internet entries will be deemed to be accepted at the time of receipt and not at the time of transmission. Incomplete, ineligible, inaccurate, erroneous or incomprehensible entries will be deemed invalid. Entries must be received by the Promoter during the promotional period for the relevant advertised promotion. 6. The start, finish and judging date and time for the promotion will be as stated above or advertised on the promotional website The judging will take place by a panel of judges at Penguin Random House Australia Pty Ltd, 707 Collins Street, Docklands, Victoria Chance plays no part in determining the winner. Each entry will be judged based on the following criteria: accuracy, originality and creativity. The judges decision is final and no correspondence will be entered into. 7. The winner/s will be notified by on 23 September 2016 The winner must respond within 30 days of such notification to claim their prize, subject to the winner complying with these Conditions of Entry. If no response is received from the winner within 30 days of such notification, or if the winner refuses or is unable to accept their prize, or there are eligibility or verification issues in relation to the winner, the Promoter shall have the right to forfeit the prize in respect of that winner and award the prize to another entrant whose entry is judged to be second-best. 8. One (1) winner and their three (3) nominated companions (comprising of two (2) children accompanied by two (2) adults who must be their parent or legal guardian) will each receive 1 x ticket for Matilda the Musical in Brisbane, return flights to Brisbane from any capital city in Australia and accommodation for 2 nights at Mantra Midtown,127 Charlotte Street, Brisbane QLD (total prize valued at RRP $2,600 $4,700 plus GST). 9. It is a condition of accepting the prize that the winner must comply and must ensure that the winner s nominated companions must comply with all the conditions of use of the prize and the prize supplier s requirements. 10. The winner shall ensure that the prize is used in connection with attending Matilda the Musical in Brisbane. The Promoter does not warrant that the prize will cover all of the travel, transportation, accommodation or other costs in connection with attending Matilda the Musical in Brisbane. The Promoter shall not be liable to pay any difference between the value of the prize and any costs actually incurred by the winner or the winner s nominated companions. The winner and the winner s nominated companions are responsible for all expenses not covered by the prize including, without limitation, spending money, meals, drinks, transfers, laundry charges, activities, incidentals, taxes (excluding departure and any other flight associated taxes included within the prize), gratuities, services charges, passports, visas, travel insurance and all other ancillary costs. The winner is responsible for ensuring that the winner and the winner s nominated companions are fit to travel and have received appropriate immunisations and/or health checks prior to taking the prize. The above stated value of the prize comprises the Recommended Retail Price plus GST. The prize, or any portion of the prize, is not exchangeable or transferable and cannot be taken as cash. If the winner or the winner s nominated companions is/are, for any reason, unable to travel in accordance with any travel booking made using the prize or any element thereof, or does not take or use the prize or any element thereof within the timeframe stipulated by the Promoter, then that prize or element thereof will be forfeited. Cash will not be awarded in lieu of the prize or any element thereof. The Promoter shall not be liable for any variation in prize value. The Promoter shall not be liable for prizes lost or damaged in the process of delivery or transit. The Promoter shall not be liable for any tax implications that may arise from the prize winnings. Each entrant shall be responsible for seeking independent financial advice. 11. The Promoter makes no representation as to the safety, conditions or other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the website of the Department of Foreign Affairs and Trade of the Australian Government. By entering
3 this promotion, or by accepting the prize, the winner and the winner s nominated companions acknowledge and agree that driving, travel and any other activities associated with using the prize, may be inherently dangerous and may result in death, injury, incapacity, damage to property or other losses. The Promoter is not responsible for any acts of God (such as adverse weather conditions) or industrial action or civil commotion that may occur whilst the winner or the winner s nominated companions is/are travelling or at any destination. It is the responsibility of the winner and the winner s nominated companions to enquire about local issues and conditions at destinations prior to travel. The Promoter does not guarantee that the winner or the winner s nominated companions will enjoy the prize or be suited to the type of travel associated with using the prize. 12. Compliance with any health or other government requirements is the responsibility of the winner and the winner s nominated companions. All travel will be subject to the relevant carrier s conditions of carriage. It is the traveller s personal responsibility to ensure that they have valid documentation, including but not limited to valid passports and visas, which meet the requirements of immigration and other government authorities at every destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the traveller. 13. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all entries of an entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter may require entrants to produce (within the requested time) appropriate photo identification or other documentation (to the Promoter s satisfaction, at its sole discretion) in order to confirm or verify an entrant s identity, age, residential address, eligibility to enter the promotion or claim a prize or any information or material provided or submitted by the entrant in entering the promotion or in connection with the promotion (including, where the entrant is under 18 years of age, the consent of the entrant s parent or legal guardian), before issuing a prize. If any entrant or nominated companion is under 18 years of age, the Promoter may also require the entrant s or nominated companion s parent or legal guardian to produce (within the requested time) appropriate photo identification or other documentation (to the Promoter s satisfaction, at its sole discretion) in order to confirm or verify the identity or consent of the entrant s or nominated companion s parent or legal guardian, before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent), or the entrant or entry has not been verified or validated to the Promoter s satisfaction within the time requested, that entry will be deemed invalid. All prizes will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion. 14. Each entrant agrees not to create, post or transmit on or through any of the Promoter s websites, in connection with the promotion, any material that is inaccurate, incomplete, false, misleading or deceptive or likely to mislead or deceive, or that contains any defamatory, libellous, abusive, offensive, threatening, harmful, vulgar, obscene, pornographic or otherwise objectionable material (including, without limitation, any material that contains or describes any nudity or drug use). 15. To the fullest extent permitted by law, the Promoter and its associated agencies and companies shall not be liable for any direct loss, indirect or consequential loss (including, without limitation, loss of profit, loss of revenue, loss of expected savings, loss of data, opportunity costs, loss of business, loss of business opportunities (including opportunities to enter into or complete arrangements with third parties), loss or reduction of goodwill, damage to reputation, loss of management time or damage to credit rating), damage, personal injury or death which is suffered, incurred or sustained (including but not limited to that arising from any person's negligence) in connection with using any prize. 16. The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant: (a) for tampering with the entry process; or (b) for submitting an entry which is not in accordance with these Conditions of Entry; or (c) if the entrant has or is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The
4 Promoter s legal rights to recover damages or other compensation from such an offender are reserved. 17. Caution: Any attempt, deliberate or otherwise, to cause damage or interference with the normal functioning of the promotion s website or the information on the promotion s website, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and should such an attempt be made, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers losses or damage or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation, or applicable law, by an entrant, the entrant agrees to indemnify the Promoter for those losses, damage and costs. 18. The Promoter is not responsible for any problems, delays or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a network, or any combination thereof, or any other technical failures including any damage to any entrant's or any other person's computer or peripherals related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion. 19. To the fullest extent permitted by law, the Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter including but without limitation technical malfunctions or failures. 20. If the promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion, subject to any written directions made under applicable State or Territory legislation or regulation. 21. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid. 22. As a condition of entering this promotion, each entrant consents to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing this promotion (including any outcome), and/or promoting any products manufactured, distributed and/or supplied by the Promoter. The entrant agrees that, in the event they are a winner, the entrant will participate in all reasonable promotional activities in relation to this promotion as requested by the Promoter or its agents. 23. Any entry and all intellectual property rights (including copyright) subsisting in any entry submitted by any entrant ( Material ) irrevocably becomes, at the time of submission, the property of the Promoter. Each entrant represents and warrants to the Promoter that: i. the entrant has good legal and beneficial title to the Material, free and clear of all charges, encumbrances, liens and interests; ii. iii. iv. the entrant has the right to assign all intellectual property rights (including copyright) in the Material to the Promoter; the use by the Promoter of the Material will not infringe any intellectual property rights (including, without limitation, copyright or trade mark rights), moral rights or other rights of any person or entity, nor give rise to any liability for payment by the Promoter of any royalty or compensation to any person or entity, and will not give rise to any breach by the entrant of any agreement to which the entrant is a party; there is no actual or threatened litigation or claim, challenging or disputing the ownership of the Material; and
5 v. the entrant has obtained without duress from each author of, or performer in, the Material, to the fullest extent permitted by law, unconditional and irrevocable consents to any acts or omissions (that may occur before or after those consents are given) by or on behalf of the Promoter that would otherwise infringe the moral rights the author or performer holds in respect of the Materials, and unconditional and irrevocable waivers of all moral rights the author or performer holds in respect of the Materials, anywhere in the world. 24. Each entrant indemnifies and shall keep indemnified the Promoter against all actions, claims, proceedings, demands, liabilities, losses, damages, charges, expenses and costs (including legal costs on an indemnity basis) suffered, incurred or sustained by the Promoter as a result of or in connection with any one or more of the following: i. any breach by the entrant of any provision in these Conditions of Entry (including, without limitation, paragraph 23); or ii. any wrongful, wilful, negligent or unlawful act or omission of the entrant. 25. Each entrant has read, understands and agrees to the Promoter s Privacy Collection Statement. 26. The Promoter is Penguin Random House Australia Pty Ltd (ABN ), 707 Collins Street, Docklands, Victoria 3008.
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