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DOLLY Newsletter sign-up competition Ts & Cs

Thursday, October 8, 2009
DOLLY Newsletter sign-up competition Ts & Cs

DOLLY Newsletter sign-up competition

Conditions

1. VARIABLES

General:
1.1 Resident of: Australia only
1.2 Minimum age, if any: None
(Condition 2)
Dates/Times:
1.3 Commencement time: 9 am
1.4 Commencement date: 4th November 2009
1.5 Closing time: 5pm
1.6 Closing date: 4th December 2009
1.7 Judging time: 11 am
1.8 Judging date: 9th December 2009
1.9 The names of the winners names will appear on www.dolly.ninemsn.com.au from 10th December 2009 until 10th January 2010
2. WHO MAY ENTER
The only persons who may enter and be awarded prizes are residents of the place specified in Condition 1.1, who have attained the age specified in Condition 1.2 (if an age is specified in that Condition), who are not (i) employees of, or contractors to, the Promoter or any of its agencies involved with this competition, or (ii) members of the immediate family of such employees and contractors.

"Immediate family" means spouse, defacto spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the employee/contractor.

3. ENTRANTS BOUND BY CONDITIONS
By participating, entrants agree to be bound by these conditions.

4. HOW TO ENTER
4.1 To enter, entrants must:

a) Read and accept these terms and conditions;
b) Be a ninemsn member (membership is free);
c) Subscribe or be subscribed to the monthly DOLLY newsletter before the 4th November 2009;
d) Open the newsletter sent on the 4th of November 2009 and click on the link to access the competition page;
e) Complete the official competition entry form with all requested details;
f) Answer in 25 words or less the following question: “What was your favourite item on this month’s newsletter?”
g) Submit their entry by clicking on the "Agreed and Enter" button which appears immediately before these conditions.
h) The entry form can only be accessed by newsletter subscribers.

4.2 Entries must be:
a) the original independent creation of the entrant
b) owned by the entrant, and
c) free of any claims, including copyright or trademark claims, by other parties.

4.3 Entries must not have been:
a) published previously,
b) won prizes or awards in other competitions,
c) be restricted in any way, or
d) infringe any third party rights.

4.4 It is a condition of the awarding of each prize that the winners must, if requested to do so by the Promoter, sign and return any Affirmation of Eligibility to Enter, Ownership of Entry, Release and Compliance statements provided to the winner by the promoter. The failure to return the signed statements will result in the entitlement to the prize being forfeited and the selection of another winner.

5. LIMITATIONS ON ENTRY
There is no limit to the number of entries per entrant.

6. DURATION
6.1 This competition commences at the Sydney time and date specified in Conditions 1.3 and 1.4.

6.2 Entries must be received by the Sydney time and date specified in Conditions 1.5 and 1.6.

7. SELECTION OF WINNERS
7.1 At the time and date specified in Conditions 1.7 and 1.8, the judges will choose one First Prize winner as the entrant with the most creative and original response to the question asked. The judges will then choose five runners up with the next most creative and original responses to the questions asked.

7.2 Chance plays no part in determining the winners.

7.3 The promoter reserves the right to disqualify any entrant submitting an entry which, in the opinion of the promoter, includes objectional content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language.

7.4 Incomplete or Indecipherable entries will be deemed invalid.

7.5 The judges' decision is final and no correspondence will be entered into.

8. PRIZES
8.1 First Prize is a $500 Sportsgirl voucher. The total value of the First Prize is $500.

8.2 Each of the five runners up prize packs includes a $100 Sportsgirl voucher and $240 worth of Universal Music CDs, including the following CDs:
i. X 1 Short Stack ‘Stack Is The New Black’
ii. X 1 Miley Cyrus ‘Time Of Our Lives’
iii. X 1 Selena Gomez ‘Kiss and Tell’
iv. X 1 Dash & Will ‘Up In Something’
v. X 1 Pixie Lott ‘Turn It Up’
vi. X 1 Demi Lovato ‘Here We Go Again’
vii. X 1 Colbie Caillat ‘Breakthrough’
viii. X 1 Various Artists ‘So Fresh Spring’
The value of each runner up prize pack is $340.

8.3 The total value of the Prize Pool is $2,200.

8.4 All prize items are valued in Australian Dollars, inclusive of GST and the Promoter takes no responsibility for any variations in item values. The prize is not transferable, exchangeable or redeemable for cash. In the event of that any prize item is unavailable, the Promoter reserves the right to substitute a prize item of equal or greater value. Any taxes (other than GST, if any) which may be payable as a consequence of a winner receiving the prize are the sole responsibility of the winners.

9. NO QUALITY, ETC, REPRESENTATIONS/EXCLUSION OF LIABILITY
9.1 The Promoter makes no representations or warranties as to the quality/suitability/merchantability of any of the goods/services offered as prizes; and accepts no responsibility for loss or damage to prizes in transit.

9.2 To the extent permitted by law, the Promoter is not liable for any loss suffered or sustained, to person or property and including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to the prize winner and, where applicable, to any family/persons accompanying the winner.

9.3 The winners must sign and return any liability release provided by the Promoter and/or its contractors as a condition of the prize being awarded. If a winner is under 18 years, a parent or guardian must also sign any provided liability release and indemnity as a condition of the prize being awarded. Failure to return the signed releases and indemnities will result in the entitlement to the prize being forfeited and the selection of another winner.

9.4 Condition 9 does not affect, and is not intended to affect, any rights a consumer might have, which are not able to be excluded under applicable Australian consumer protection laws. To the fullest extent permitted by law, any liability of the Promoter or its servant or agents for breach of any such rights is limited to the payment of the cost of having the prize supplied again.

10. WINNER NOTIFICATION AND PUBLICATION
The winners will be notified by telephone and/or email, using the details provided in their entry, and the name and suburb of the winners will be published as specified in Condition 1.9.

11. OWNERSHIP OF ENTRIES
11.1 All entries become and remain the property of the Promoter.

11.2 The Promoter reserves the right to use the content of winning and runners-up entries for the purpose of future promotions.

12. INTERNET
12.1 If for any reason this competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the competition.

12.2 The Promoter assumes 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.

12.3 The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this competition.

12.4 CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

13. LIABILITY, INDEMNITY AND RELEASE
13.1 In consideration for the Promoter accepting the Entrant’s entry, the Entrant releases and forever discharges the Promoter from all claims that the Entrant may have or may have had but for this release arising from or in connection with any entrant’s participation in this promotion; the winner’s acceptance and use of the Prize, and the winner’s guest’s acceptance and use of the Prize.

13.2 The entrant indemnifies and holds harmless the Promoter to the extent permitted by law in respect of any claim by any person (including but not limited to other entrants in the promotion), arising as a result of or in connection with the entrant’s participation in the promotion.

13.3 In this Condition 13, “all claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising.

14. PROMOTER
The Promoter is ninemsn Pty Ltd, ABN 33 077 753 461, Level 7 Tower Building, Australia Square, 264 George Street, Sydney NSW 2000.

15. WINNERS
A reference to ‘winner(s)’ in these Terms and Conditions is a reference to both the First Prize winner and all runners up.

16. ENTIRE CONDITIONS
These conditions constitute the entire agreement of the parties relating to the entry and the conduct of the competition.

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