TERMS AND CONDITIONS
1. Information on how to enter and prizes form part of these terms and conditions. Submission of an Entry, defined below, in the Daily Mail Promotion (Promotion), is deemed acceptance of these terms and conditions.
2. The promoter is Daily Mail Australia (ABN 94 166 912 465), 12/207 Kent St, Sydney NSW 2000 (Promoter).
3. The Promotion commences at 10:00AM AEDT on Friday 25 January 2021 and closes at 11:59PM AEDT on Friday 19 February 2021 (Promotional Period).
HOW TO ENTER
4. Entry is only open to Australian residents aged 18 years or over (Entrants).
5. Employees and contractors (and their immediate families) of the Promoter (including the Promoter's related bodies corporate), are not eligible to enter the Promotion. In this clause, "immediate family" means spouse, de facto 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 or contractor.
6. To enter the Promotion, Entrants must during the Promotional Period:
a) Answer the competition question “Tell us in 25 words or less, your favourite way/place to enjoy an espresso martini”
b) All entries must meet the 25 words or less requirement to be a successful entry (Entry).
7. Entries in any other form are invalid and will not be accepted by the Promoter.
8. 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.
9. The Promoter reserves the right to disqualify any Entrant submitting an Entry which does not comply with the Special Conditions (defined below), infringes a third party’s intellectual property rights, or in the opinion of the Promoter, includes objectionable content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language.
10. The Promoter’s decision to disqualify an Entry is final and no correspondence will be entered into. The Promoter accepts no responsibility for lost, late or misdirected entries. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. Incomplete, indecipherable or illegible Entries will be deemed invalid. Multiple Entries permitted provided that each Entry is substantially unique, is submitted separately and complies with these terms and conditions. Automated Entries, bulk Entries and third-party Entries are not allowed and will be disqualified. Entries from email sources which are recognised by the Promoter as spam will also be disqualified.
SPECIAL CONDITIONS OF ENTRY
12. All Entries must:
a) be the original independent creation of the Entrant;
b) be owned by the Entrant;
c) be free of any third-party claims, including copyright or trade mark claims by other parties; d) not have been published previously; and
e) not have won prizes or awards in other competitions. (Special Conditions)
SELECTING A WINNER
13. There will be five (5) winners selected from all valid Entries received (Winners).
14. Each Entry will be individually judged based on literary and creative merit. Chance plays no part in determining the Winners.
15. The judges will select the best five (5) entrants who have been judged to have validly entered the most creative, humorous and original entries.
16. The judging will take place at 10:00AM AEDT on Monday 22 February 2021 at the offices of the Promoter.
17. The Promoter reserves the right to select five (5) additional reserve Entries, and record them in order of merit in case an original winner is found to be ineligible.
18. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the judging result or any other decisions the Promoter makes in connection with the Promotion.
19. Winners will be notified by telephone and/or email, using the details provided in their respective Entries.
20. Winners will be required to provide both proof of age and a valid postal address to receive their prize. All personal details will only be kept on file for the purpose of issuing prizing and will be immediately deleted once promoter has issued all prizing.
21. There are five (5) prizes to be won in this Promotion.
22. Each prize consists of:
a) 1x Breville The Bambino Plus Espresso Coffee Machine (Prize).
b) 1x Cocktail Kit (Prize)
c) 2x Bottle of Kahlua – 700ml (Prize)
d) 1x Bottle of Absolut – 700ml (Prize)
23. The total retail value of each Prize is $796.30 (AUD). The total retail value of the Prize pool is $3,981.50 (AUD).
24. Each Prize will be will be distributed to the winner via post.
25. Prizes are valued inclusive of GST and the Promoter will not be responsible for any variation in Prize values. Prizes may not be transferred or exchanged for cash. If the Winner does not use the entire value of the Prize on the Prize Date they will forfeit the remaining amount and cash will not be awarded in lieu. If a Prize is unavailable for any reason, the Promoter reserves the right, in its absolute discretion, to substitute a Prize with an item of equal or greater value.
26. The Promoter will not be liable for any Prize or coupons for the Prize that have been lost, stolen, forged, damaged or tampered with in any way, including due to late, lost or misdirected mail, which is outside of the control of the Promoter.
27. It is a condition of accepting a Prize that the winner must, if requested by the Promoter, sign and return the following documents:
a) Affirmation of Eligibility to Enter;
b) Ownership of Entry; and
c) Release and Compliance Statement.
28. Failure to sign and return the documentation specified in clause 27 above within the time specified by the Promoter, will result in forfeiture of the Prize and an alternative winner will be selected.
LIMITATION OF LIABILITY
29. Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these terms and conditions would contravene any statute or cause any part of these terms and conditions to be void (Non-Excludable Guarantees). Subject to the limitations in the preceding sentence, the Promoter excludes from these terms and conditions all conditions, warranties and terms implied by statute, general law or custom. Except for liability in relation to a Non Excludable Guarantee, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise, for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, without limitation, the following: (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 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 tax implications;
(e) any variation in Prize value to that stated in these terms and conditions;
(f) any tax liability incurred by a successful claimant or Entrant and/or
(g) a Prize or use of a Prize.
30. If the 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.
31. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of or in connection with the Promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter including, without limitation, technical malfunctions or computer error.
32. Any work submitted as an Entry or part of an Entry including responses to a question that needs to be answered to enter the competition (Work) becomes the property of the Promoter. Work(s) will not be returned to any Entrant. As a condition of Entry, each Entrant irrevocably grants to the Promoter a non-exclusive perpetual worldwide licence to use and exploit all intellectual property rights (including without limitation, copyright) in and to the Work and consents to the Promoter doing (or omitting to do) any acts in respect of the Work which may otherwise constitute an infringement of the Entrant’s moral rights. For the avoidance of doubt, the Promoter may use all or any part of an Entrant’s Work(s) for any purposes at its discretion, including, without limitation, using the Entrant’s Work(s) for promotional, marketing or publicity purposes, whether in respect of this promotion, the Promoter, or otherwise. Each Entrant warrants to the Promoter that the Work submitted is an original literary work of the Entrant which does not infringe any rights of any third party. A breach of the warranty set out in this condition by an Entrant will result in the Entry being disqualified. In addition, each Entrant indemnifies the Promoter against all loss, damages and costs incurred by the Promoter arising from that Entrant’s breach of the warranty set out in this condition.
34. As a condition of accepting the Prize, the Winner must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) including any social media activity surrounding the winning of the Prize, free of charge. The Winner consents to the Promoter using their name and image in promotional material relating to the Promotion.
35. These terms and conditions constitute the entire agreement between the Promoter and Entrants relating to the Entry and the conduct of the Promotion.