Conditions of Entry - In Style Promotion July 2008
1. Information on "how to enter" and prizes form part of conditions of entry. Entry into this competition deems acceptance of these terms and conditions.
2. Enter as many times as you wish, by telling us in 10-words-or-less why you are the 1? [Why you should go to LA for the ultimate GRAMMYs experience]. Enter an original submission online by visiting www.bmw.com.au/instyle. All entries must include a 10-words-or-less answer to be eligible to win.
3. Entry is only open to all residents of Australia except employees and immediate families of the Promoter, BMW Australia Ltd, associated companies and agencies and participating outlets and people who have won a competition with In Style within the last 12 months. The Promoter is Pacific Magazines Pty Ltd, 35-51 Mitchell Street, McMahons Point, NSW, 2060 (ABN 16 097 410 896).
4. The competition commences on 01/06/08 at 00:01 and closes on 20/07/08 at 23:59 AEST. A selection of semi-finalists will be chosen on August 4, 2008. Each semi-finalist will be interviewed by representative/s of In Style magazine and will be required to talk about their 10 word response and reiterate why they are the 1. Any interstate semi-finalists will be interviewed over the phone.
The winner will be the best valid entry selected by the judging panel, having regard to skill, creativity and originality, at the Promoter's premises on 11/08/08 at 11am.
5. Total prize value is up to $24,081, as at 23/05/08. One winner will receive the following:
- Return economy class flights for two people on Thai Airways International from the winner's nearest
capital city to Los Angeles, valued at up to $8,400;
- 5 nights accommodation for two people at the Beverly Wilshire, valued at up to $3,425;
- 2 tickets to the 51st GRAMMY Awards valued at a total of $1,256;
- A personal stylist, including hair and make-up for two people valued at $2,500;
- The use of a BMW 1 Series cabriolet for 5 days, valued at $5,000;
- A dress for the winner and the winner's friend to wear to the GRAMMY Awards valued at a total of $1,500
- $2000 spending money, made payable in the form of a cheque to the winner.
6. The winner will be required to complete a standard "Loan of Vehicle Agreement" from BMW of North America, agreeing to all terms outlined in the document prior to use of the BMW cabriolet. Please click here to view an example of the vehicle loan document. The winner must hold a valid Australian driving license and will be required to obtain, prior to departure of the holiday, an international driving license. This is a condition precedent to use of this portion of the prize. BMW will cover the cost of the car insurance for the winner to drive the 1 Series Convertible for the 5 days in Los Angeles.
7. Prize must be taken between 3 February 2009 and 12 February 2009. The travel dates must include 8 February, 2009.
8. GRAMMY® is a registered trademark of The Recording Academy® and is used under license.
9. Unless expressly stated in these terms and conditions all other expenses are the responsibility of the winners (and their companions) including but not limited to current passports, visas, meals, spending money, transport to and from departure and arrival points, transfers, drinks, incidentals, mini-bar, laundry, room service, telephone calls, activities, airport taxes (including departure taxes), energy surcharges, gratuities, services charges, travel insurance, pre and post accommodation, optional activities or excursions and all other ancillary costs. A credit card imprint or cash deposit may be required from the winner at check-in to the hotel, for all incidental charges. Holidays are subject to flight and booking availabilities. Winners under the age are not eligible to enter. In the event a winner is not able to travel during the time stipulated by In Style magazine, then the entire prize will be forfeited by the winner and cash will not be awarded in lieu of prize. Prize winner must hold a current Australian driver's licence. The Promoter and sponsor take no responsibility for petrol (however the car will come with 1 full tank), comprehensive insurance, health, transport, body, paint or mechanical damage, or any other costs or damages, from date of delivery. The winner will be responsible for any expenses incurred in getting to and from an Australian capital city.
10. By entering the competition, and by collecting a prize, the winner acknowledges and accepts that driving, travel and any other activities comprising the prize, are inherently dangerous and may result in death, injury, incapacity, damage to property or other losses. The winner, for themselves and their executors, releases the Promoter, its agents, officers and employees, from any and all legal claims in connection with any death, injury, incapacity, damage to property or other losses arising from or connected with the collection or enjoyment of the prize. Before being eligible to collect a prize, each winner must provide to the Promoter proof of age. Failure to provide such proof, particulars or releases will immediately invalidate the winner's entitlement to the prize, subject to state legislation.
11. Inaudible, incomprehensible, illegible, and incomplete entries will be deemed invalid. All entries become the property of the Promoter and cannot be returned.
12. If the prize is unavailable, for whatever reason, including but not limited to the cancellation of the GRAMMY Awards 2009, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State Regulation. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier's requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
13. If the Promoter is unable to contact the winner to claim fulfilment of the promotional prize, that winner will forfeit the prize in its entirety and it shall be awarded to the first runner up in the promotion. A new runner up shall then be judged. The Promoter will not be liable for a winner who cannot be contacted and therefore forfeits their prize and no correspondence will be entered into.
14. Entrants must be over the age of 18 years to be eligible.
15. The Promoter reserves the right to request winners to provide proof of identity, proof of residency, proof of age at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize. Proof of identification, residency, age 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.
16. All entrants must submit ONLY their own original answers, designs and works. Any such answers, designs or works cannot be previously published in any forum worldwide. All entries become the property of the Promoter and cannot be returned. Entries that are found to have been derived from the designs of a third party will be considered invalid and, if awarded a prize, that prize must be returned to the Promoter. The Winner may be required to sign a statutory declaration regarding the originality of the design. Without limiting the generality, the Promoter reserves the right to take legal action against anyone found to have breached this term. 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 are reserved.
17. The Promoter reserves the right to rejudge in the event of an entrant, claiming to be a winner, being unable to satisfy these Terms and Conditions.
18. Compliance with any health or other government requirements is the responsibility of the prize winner and their travel companion. It is the responsibility of the prize-winner to enquire about local issues and conditions at destinations prior to travel. All prize travel will be subject to the carriers General Conditions of Carriage. The Promoter and carrier make 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 local government, local consular offices and the web site of the Australian Department of Foreign Affairs and Trade at www.smartraveller.gov.au. Prizes for travel for a particular event or attraction must be taken to coincide with the event or the times and dates during which the attraction is available.
19. The judges' decision in relation to any aspect of the competition is final and binding on each person who enters. Chance plays no part in determining the winner. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries. Prizes are subject to availability, not transferable or exchangeable and, with the exception of cash prizes, cannot be taken as cash. Prizes will be sent to the winner's nominated address as stated in their original entry. The Promoter and their associated agencies, and companies associated with this promotion will take no responsibility for prizes damaged or lost in transit.
20. 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 is travelling. Accommodation is twin share standard room. Travel arrangements to and from the winner's nearest capital city airport (Sydney, Melbourne, Brisbane, Adelaide and Perth) do not form part of the prize and are the responsibility of the winner and their travelling companion. The winner must travel on the same flights and itinerary as their travelling companions. . If the winner is from the Northern Territory or South Australia, In Style will arrange a connecting flight to the closest capital city which is serviced by Thai Airways International. The travel prize cannot be used as part payment for another airfare package. Frequent flyer miles cannot be accrued on this prize. Flights and accommodation are subject to availability at the time of booking and cannot be exchanged for other destinations. Travel restrictions & blackout dates apply. Prizes cannot be taken during peak periods or school holidays, and the winners must provide all suppliers with a minimum of 21 days advance notice of intention to travel. Embargo restrictions apply during certain periods. Bookings are subject to all suppliers booking conditions & availability (including but not limited to capacity limitations and other restrictions. 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. The Promoter does not guarantee that the winner will enjoy the travel prize or be suited to the type of travel prize that is offered.
21. A valid return street address must be provided for ease of correspondence. The Promoter makes all reasonable efforts to deliver letters and prizes to the addresses provided by the entrants. Entrants should take care to provide all necessary address details when submitting their original entry. Any such letters or prizes returned to the Promoter for whatever reason become the property of the Promoter and no correspondence will be entered into.
22. The Promoter, and their associated agencies and companies will not be liable for any misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur during the promotion; whilst undertaking any travel won on or connected with their entry into the promotion; in the participation in any prize; as a consequence of late, lost or misdirected mail; due to the broadcast of any program relating to the competition or the publication of any material, including any statements made by any compere, staff member, journalist, other entrants or any other person; in relation to failure of an SMS entry message to be received by the Promoter on account of technical problems or traffic congestion; or in relation to failure of an entry to be received on the website on account of technical problems or traffic congestion; arising from or related to any problem or technical malfunction of any telephone network or lines or mobile communications network related to or resulting from participation in this promotion; arising from or related to any problem or technical malfunction of any computer equipment, software, internet connection, any injury or damage to entrant's or any other person's computer software related to or resulting from participation in this promotion.
23. If for any reason this competition is not capable of running as planned including infection by computer virus, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupts or affect the administration security, fairness, integrity or proper conduct of this promotion, the Promoter [subject to any written directions given under Regulation 37 of the Lottery And Gaming Regulations 1993 (SA) or other state and territory legislation] reserves the right to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the promotion. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems of the phone or of any phone network, or any combination thereof, including any injury or damage to participants or any other person's phone related to or resulting from participation or sending or receiving of any communication or of any materials in this competition.
24. The winner will be notified by phone and mail, and their name will be published online at www.instyle-magazine.com.au on 08/09/08.
25. Please allow 8 weeks for delivery of your prize.
26. All entries and any copyright subsisting in the entries become and remain the property of the promoter. The Promoter collects personal information about entrants to include entrants in the promotion and where appropriate award prizes. If the personal information requested is not provided, the entrant may not participate in the promotion. By participating in the promotion, each entrant also acknowledges that a further primary purpose for collection of entrants personal information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact entrants in the future with information on special offers or provide entrants with marketing materials via any medium including, but not limited to, mail, telephone and commercial electronic messages. The Promoter may share information with its Pacific related companies or promotional partners who may contact entrants in this way with special offers.
27. By entering the promotion, each entrant agrees that the Promoter may use entrants' personal information in this manner. The entrant also agrees that the Promoter may publish or cause to be published the winner's name and locality in any media as required under the relevant lottery legislation. Entrants can also gain access to, update or correct any personal information by contacting the Privacy Officer, Pacific Magazines Pty Ltd, 35-51 Mitchell Street, McMahons Point, NSW 2060. All personal information will be securely stored by the Promoter.
28. In participating in the prizes, the winners agree to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. The winners (and their companions) agree to granting the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide and the winners (and their companions) will not be entitled to any fee for such use.
29. Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.
30. If the Promoter is unable to contact the winner to claim fulfilment of the promotional prize, that winner will forfeit the prize in its entirety and it shall be awarded to the first runner up in the promotion. A new runner up shall then be judged. The Promoter will not be liable for a winner who cannot be contacted and therefore forfeits their prize and no correspondence will be entered into.
31. Winners of any age may be required to provide satisfactory identification and sign a winner's deed of release or any other relevant forms or agreements that the Promoter deems necessary before a prize can be awarded.
32. The Promoter shall not be liable for any loss or damage whatsoever suffered, including but not limited to direct or consequential loss, or personal injury suffered or sustained during the course of prize winning trips or in connection with the redemption of and/or use of any other prizes. Any change in value of the prize occurring between the publishing date and date the prize is claimed is not the responsibility of the Promoter.