"WIN 1 of 3 Roswell Cybox Bluetooth Receivers with Trade-a-Boat" Terms and Conditions

TERMS AND CONDITIONS

  1. Information on how to enter and prize forms part of the terms and Conditions of Entry.  Participating in this promotion is deemed acceptance of these Conditions of Entry.
  1. Entry is only open to residents of New Zealand aged 18 years and over, except employees (and their immediate families) of the Promoter, companies and agencies associated with this promotion are ineligible to enter.
  1. The entire Promotion commences 15 September, 2015 at 00.01 (AEST) and promotion closes 23.59 (AEDST) 3 December, 2015. Each individual promotional period will open and close on the dates and times stipulated in Table A. The judging will be done by a panel of judges appointed by the Promoter. The judging will take place at Bauer Trader Media, 73 Atherton Road, Oakleigh Victoria 3166 on the dates stipulated in table A. The winners will be notified in writing using the contact details provided in their entry (email entry) or for Facebook entries Trade A Boat will message on the winning entry and the winner must follow instructions within the comment to redeem their prize. The winner’s names will be published in http://www.tradeaboat.co.nz/competitions/ on the dates stipulated in Table A.
  1. Table A:

Draw Period

Open Date and Time (AEST)

Close Date

Close Time (AEDST)

Winners Judged Date

Publication date in the event of winners

1

15th September, 2015 at 00.01

8th October, 2015

23.59pm

9th October, 2015

#259 TAB – 29th October

2

12th October, 2015 at 00.01

5th November, 2015

23.59pm

6th November, 2015

#260 TAB – 26th November

3

9th November, 2015 at 00.01

3rd December, 2015

23.59pm

4th December, 2015

#261 TAB – 28th December

  1. Entrants must during each individual promotional period can enter by one of the following ways:

Email– entrants must email to tab@bauertrader.com.au including in the subject line ‘WIN a Roswell Cybox with Trade-a-Boat and in the body of the email include their full name, contact number, full mailing address including postcode, a photograph of their boat and answer to the competition question in 25 words or less:, “What makes your boat special to you, and why?”

    1. Facebook– entrants must go to Trade A Boat Facebook page at https://www.facebook.com/TradeABoatMagazine and locate the competition post and comment within the competition post including a photograph of their boat and answer to the competition question in 25 words or less, “What makes your boat special to you, and why?”

The photograph must be no more than 3 MB. Facebook entries must not include any personal details including but not limited to their full name, telephone number or mailing address on the comment/post (entry) as a part of their entry.  

The entry must not be, without limitation:

  1. late;
  2. delayed;
  3. incomplete;
  4. incomprehensible;
  5. unlawful;
  6. obscene;
  7. defamatory;
  8. discriminatory;
  9. libelous;
  10. threatening;
  11. pornographic;
  12. harassing;
  13. hateful;
  14. racially or ethnically offensive;
  15. capable of encouraging of conduct that would be considered a criminal offence;
  16. capable of violating any law;
  17. capable of giving rise to civil liability.
  1. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook.  Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook.
  2. The entrant must not engage in any illegal or unsafe behaviour whilst participating in the entry (photograph). To the extent allowable by law, the Promoter and its partners exclude any legal liability or responsibility for legal or otherwise incidents or activities engaged in by the entrant or any person during participation in the entry (photograph)
  3. This promotion is being conducted for entertainment purposes only.
  1. Only one entry per person is permitted during the entire promotion.
  1. For the removal of doubt, non-winning entries will roll over into the next entry period of judging. Incomplete, indecipherable entries will be deemed invalid.
  1. By submitting an entry in the Competition, all Entrants warrant to the Promoter that each entry media 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 Promoters against all claims and costs by third parties arising from a breach of the warranty set out in this condition.
  1. All entry media submitted becomes the property of the Promoter. As a condition of entering into this promotion, each entrant agrees to assign all of their rights, title and interest (including copyright) in and to their entries to the Promoter. 
  1. The promoter will not be liable for any breach of copyright. The entrant will be solely responsible for their own entry and the consequences of submitting them. The entrant represents and warrants that:

Their entry is their own and:

  1. They own or have all necessary licences, rights, consents and permissions to use and authorize the promoter to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all entries to enable inclusion and use of the entries in the manner contemplated by these terms and conditions; and
  1.  They have the written consent, release, and/or permission of each and every identifiable individual person in the entry (including if the individual is a child – the child’s parent or legal guardian) to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the entry in the manner contemplated by these Terms and Conditions
  1. All decisions relating to the conduct of the Bauer Media and Promotion, including, but not limited to, the selection of any and all parts of an entry to be published, and the awarding of prizes, are at the sole and exclusive discretion of Promoter and are final and not subject to appeal. The judge’s decision in relation to any aspect of the promotion is final and binding on every person who enters. No correspondence will be entered into.
  1. Failure to comply with any term or condition may result in disqualification and/or forfeiture of Prizes at the Promoter’s sole discretion.
  1. The Promoter’s decisions in relation to all aspects of this promotion are final and binding on all who enter and no correspondence will be entered into.
  1. This is a game of skill; chance plays no part in determining the winner. Each entry will be individually judged based on its literary and creative merit of the answer to the question provided and suitability to the promotion. The judges’ decision in relation to any aspect of the competition will be final and binding on every person who enters. No correspondence will be entered into.
  1. The Entrant warrants to the Promoter that the entry submitted is an original artistic work of the Entrant that does not infringe the rights of any third parties. If the entry or any part of the information provided to the Entrant in relation to the entry was provided by a third party, the Entrant warrants that they have obtained the relevant copyright permission to submit the entry for the purposes of this promotion. 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.
  1. The Promoter is entitled to use any of the entries submitted in any manner and for any purpose at its absolute discretion, including using the entries for future promoter’s or their agents book publications, promotional, marketing and publicity purposes without any further reference or payment or other compensation to the entrant. The promoter is entitled to amend, edit, select, crop, retouch, add to or delete from any part of the submitted entry.
  1. Entries must not be offensive, defamatory or racist.  Any entry which the judges deem inappropriate will be invalid.  The entrant agrees to indemnify the Promoter.
  1. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  1. The best (1) valid entry in each individual promotional period, as determined by the judges, will be deemed the major prize winner and will receive:

 One (1) x Roswell Cybox Bluetooth Receiver valued at up to $159.00.

The total prize pool is valued at up to $477.00 (including GST). Any ancillary costs associated with redeeming the prize are not included. These are the responsibility of the winner.
For the removal of doubt there will be three (3) major prizes given away during the entire promotional period.

  1. It is a condition of entering the promotion that the entrants agree to be interviewed, photographed and filmed or the use of their or entry (including their photograph) at any time by the Promoter or their agents for a story or feature on this promotion to be developed and featured in Trade A Boat magazine (including but not limited to the magazine, website, iPad edition, social media pages etc. or any other form of media it deems suitable) without further remuneration or reference to the participant. Details may feature in Trade-a-Boat magazine on a date to be determined by the Promoter. The inclusion of any such feature (including but not limited to creative control of the feature) will remain with the Promoter at all times.
  1. Prize must be taken as offered. The prize, or any unused portion of the prize, is not exchangeable or cannot be redeemed as cash. The prize cannot be used in conjunction with any other special offer. The prize is valued in Australian dollars. The Promoter accepts no responsibility for any variation in the prize value. Prize winner is advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize. 
  1. The prize does not include any installation or set-up of any of the products.
  1. Products included in prize package (including but not limited to titles, colour, design, sizing, model, finish, style etc.) will be determined by the promoter in its complete discretion. All prizes must be taken as offered.
  1. The prize will be delivered to the nominated address of the Prize winner. Delivery of the Prize is valid to any state and/or city in New Zealand.
  1. In acceptance of the prize, the Winner acknowledges that they may incur on-going costs associated with the prize which are the entire responsibility of the winner.
  1. In the event that for any reason whatsoever the Winner does not take the prize at the time stipulated by the Promoter, then the prize will be forfeited by the Winner and cash will not be awarded in lieu of the prize.
  1. In the event that a prize, or part of a prize, is unavailable, the Promoter reserves the right to substitute the prize or part of the prize in its discretion with an alternative prize or part of the prize to the same and equal recommended retail value and/or specification.
  1. The promoter is neither responsible nor liable for any late lost or misdirected mail (including but not limited to prizes).
  1. The Promoter is not responsible nor liable for any prize damaged in transit in the delivery of their prize
  1. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
  1. In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including  but not limited to natural disaster)the  Promoter reserves the right to subject to reference to all relevant  state and territory rules and regulations, to cancel, terminate, modify or suspend the promotion.
  1. If a medical circumstance in some way restricts your ability to enter the competition through the required mechanic, you are still eligible to enter however you must briefly state your circumstances upon entry.
  1. If your entry is selected as a winning entry, validation of your circumstances/ the validity of your entry will be undertaken by the Promoter. Method of validation (without limitation) will be determined by the Promoter in its complete discretion. If the winning entry is deemed to be a winner, the winner will be notified as per the terms and conditions herein. In the event that the Promoter requests the entrant to sign any legal documents relating to the verification of their medical circumstance, the legal documents will take the form determined by the Promoter. It is a condition of accepting the prize the winner sign any such legal documentation.
  1. 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 New Zealand (“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.
  1. 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.
  1. 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, 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.
  1. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.

Privacy:

  1. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to New Zealand regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its privacy policy, which can be accessed by visiting http://www.tradeaboat.co.nz/privacy-policy/. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may also, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct PI to the Promoter and direct any complaints regarding treatment of their PI according to the Privacy Policy. All entries become the property of the Promoter.
  1. The Promoter is Bauer Media Pty Ltd (ABN 18 053 273 546) Trading as Bauer Trader Media of 54 – 58 Park Street, Sydney, NSW 2000.  Phone: 02 9282 8000.