Terms and Conditions –Show Us a Strange Bed

 

General

  1. Information on how to enter and prizes form part of the Terms and Conditions of Entry. Entry into this competition deems acceptance of these Terms and Conditions.  To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.
  2. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to the Promoter and not to Facebook. By entering this competition you acknowledge that you provide Facebook with a complete release.

 

Who can enter?

  1. Subject to clause 4, entry is open to all residents of Australia over the age of 18 who have fulfilled the requirements set out below.
  2. Employees, and their immediate families, of the Promoter and associated agencies and companies are not eligible to enter this competition. Immediate family means any of the following: spouse, ex-spouse, defacto spouse, child or step child (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step brother, step sister or 1st cousin. The Promoter is Forty Winks Franchising Pty Ltd (ABN 38 059 512 640) of 8 Holly Drive, Dingley VIC 3172

 

How to enter

  1. Entrants may enter the competition by visiting the Forty Winks Facebook page and ‘Like’ the page at www.facebook.com/fortywinksaustralia to access the entry form, then fill out their details and upload their ‘strange bed’ photo.
  2. Entries must include all requested contact details to be eligible to win. Entrants may only enter in their own name. Inaudible, incomprehensible, illegible, and incomplete entries will be deemed invalid.

 

Number of Entries permitted  

  1. All entrants may enter a maximum of one unique entry (with a new ‘strange bed photo’ uploaded) per week unless they have won a prize in any prior week, in which case they may not enter again.

 

Open, Close, Draw and Publish dates

  1. The competition commences 08/06/12 at 09:00am AEST and closes 20/07/12 at 23:59pm AEST.  Entries must be received by the Promoter prior to the competition close date and time.
  2. The Promoter will conduct a total of 6 draws (taken from entries in the six weeks running up to 23:59 AEST on each Friday) drawing one winner at each draw. The draws will be conducted at the Head Office of Forty Winks Franchising Pty Ltd at 8 Holly Drive, Dingley VIC 3172 on 18/06/12, 25/06/12, 02/07/12, 09/07/12, 16/07/12 and 23/07/12 at 11:00am AEST. All valid entries received up to 23:59 AEST on Friday prior to the draw will be included in the draw for that following Monday.
  3. The winners will be notified by email and phone within two business days of the draw and winners’ names will be published on the Forty Winks website at www.fortywinks.com.au on 27/07/12.
  4. The Promoter may conduct such further draws on 26/10/12 at the same time and place as the original draw in order to distribute any prizes unclaimed by this date, subject to State and Territory legislation. Winners of any further draws will be notified by phone and email within two business days of the draw and, if the prize they have won is valued at over $250, their names will be published on the Forty Winks website at www.fortywinks.com.au on 30/10/12.

 

Prize on offer

  1. Total prize value is $1,188.00, as at 27/05/12.

 

Further Terms and Conditions

  1. The Promoter reserves the right, in its sole discretion, to disqualify any individual who tampers with any aspect of the entry process or attempted to gain an unfair advantage over other entrants. In particular, SMS entries via the internet, computer generation or “scripting” are invalid and will not be accepted. Website entries using “scripting” for multiple entries will not be accepted.
  2. If for any reason this competition is not capable of running as planned including infection by computer virus, mobile phone failure, 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 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 and their associated agencies and companies will not be liable or 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 misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur during the draw; whilst undertaking any travel won on or connected with their entry into the draw; in the participation in any prize; as a consequence of late, lost or misdirected mail, email SMS or phone call; 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; any injury or damage to entrant's or any other person's computer software or phone; or any combination thereof, related to or resulting from participation or sending or receiving of any communication or of any materials in this competition.
  3. Any entrant found to have used a third party (including online competition entry site) to enter on their behalf will have all entries invalidated and any claim they have to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter.  The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
  4. Any entrant found to be entering incorrect contact details, including incorrect email contact details, will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
  5. 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 and territory legislation. Cash will not necessarily be awarded as a substitute. 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.
  6. The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential prize delivery. The Promoter makes all reasonable efforts to deliver prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to the prize winner.
  7. The Promoter reserves the right to request winners to sign a winner’s deed of release or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency 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.
  8. The Promoter reserves the right to redraw in the event that an entrant, claiming to be a winner, is unable to satisfy these Terms and Conditions or has breached these Terms and Conditions.
  9. The Promoter’s decision in relation to any aspect of the competition is final and binding on each person who enters. 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.

 

Copyright, Statutory guarantees, Waiver and liability

  1. All entries and any copyright subsisting in the entries become and remain the property of the Promoter who may publish or cause to be published any of the entries received. The Promoter and its related entities collects entrants’ personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners) and for related purposes which would reasonably be expected without your permission. For example, we may from time to time use your personal information to provide you with information about products and services which we expect may be of interest to you. However, we do respect your right to direct us not to do this if and when any future communication is sent to you by the Promoter. We may disclose personal information to essential service providers who provide services in connection with our products and services. You may request access to your personal information by writing to The Privacy Officer, Legal Compliance Department, 8 Holly Drive, Dingley VIC 3172.
  2. 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, including online social networking sites, and the winners (and their companions) will not be entitled to any fee for such use.
  3. 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.
  4. The Promoter (subject to State and Territory Legislation) reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
  5. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used.
  6. Nothing in these Conditions of Entry limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia ("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.
  7. 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 Conditions of Entry; (e) any tax liability incurred by a winner or Entrant; or (f) use of a prize The Promoter (including its’ officers, employees and agents) excludes all liability for any loss (including, without limitation, indirect, special or consequential loss or loss of profits or opportunity), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition including taking or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law), including the Non-Excludable guarantees. 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.

 

Authorised under

  1. NSW Permit No. LTPS/12/04659. ACT Permit No. TP 12/02160