The New South Wales Prize System
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1 BHG Live KitchenAid Ticketing Promotion HOW TO ENTER To enter and automatically receive one (1) entry into the prize draw, individuals must: a) Purchase a ticket for the Better Homes and Gardens Live - Sydney event through the designated ticket web site during the Promotion Period b) Complete, in 25 words or less, the answer to the question What is your favourite smoothie flavour? TERMS AND CONDITIONS 1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. 2. Entry is only open to residents of New South Wales, who have an Internet connection and a website browser capable of accepting cookies or other devices used by the Promoter to track entries, and who have a valid address. 3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Those engaged in the process of fundraising (such as members of sporting clubs and other community organisations) using the Promotor s products or services are eligible to enter. 4. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant's identity 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 may 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. 5. Incomplete, automated, indecipherable or illegible registrations/entries will be deemed invalid. 6. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant. 7. The Promotion Period commences 12.00am AEST on 9 September 2015 and closes 11.59pm AEST on 23 September Draw will take place at Reed Exhibitions Australia Pty Ltd, Tower 2, 475 Victoria Ave, Chatswood NSW 2067 on 24 September 2015.
2 Winners will be notified by and their names will be published on the Better Homes and Gardens Live site ( on 1 October The Promoter's decision is final and no correspondence will be entered into. Any ancillary costs associated with redeeming any of the above prizes are not included. 10. Entrants may receive and telephone communications from the Promoter. These communications will always appear to come from the Promoter and are considered to include the following: Promotional s and Calls Communication for research purposes Communication as part of a survey Any other based communications sent from the Promoter. 11. Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize by the time stipulated by the Promoter, then the prize will be forfeited. 12. If a prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority. 13. Total prize value is $ The prize is not transferable or exchangeable. 15. A draw for any prize if unclaimed may take place on 20 November 2015, at the same time and place as the original draw, subject to any directions from a regulatory authority. Unclaimed prize draw winners will be notified by and their name published on the Better Homes and Gardens Live web site ( on 20 November Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. 17. 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. 18. Any cost associated with accessing the promotional websites is the entrant's responsibility and is dependent on the Internet service provider used.
3 19. Except for any liability that cannot be excluded by law, the Promoter (including its 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, including, but not limited to, where arising out of 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 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 tax liability incurred by a winner or entrant; or (e) redemption/use of the prize; or (f) any variation in prize value to that stated in these Terms and Conditions. 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 States and Territories of Australia ("Non-Excludable Guarantees"). 20. As a condition of accepting the prize, the winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. 21. 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, prize suppliers and competition facilitators 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 and publicity purposes including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter via the related websites. All entries become the property of the Promoter. 22. The Promoter is not responsible for the terms and conditions of any of the affiliated websites or partner offers on our website. We make an effort to screen our offers to ensure the best possible experience for our users. However, we are not responsible for any ensuing charges or contracts incurred between a user and an offer provider. Users should carefully read the requirements, terms and conditions, privacy policy and billing information for each offer. All users complete offers through affiliates at their own risk. We are not responsible for services or products associated with our affiliate offer providers. If there is a complaint about services or products received from an affiliate, users should directly contact the offer provider in question. 26. You understand and agree that you are personally responsible for your behaviour on all websites. You agree to indemnify, defend and hold harmless the Promoter, its affiliates, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, indirect, incidental, consequential, and/or exemplary damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the website or the content, or any violation by you of these Terms and Conditions. 27. The Promoter is Reed Exhibitions Australia Pty Ltd, Tower 2, 475 Victoria Ave, Chatswood NSW ABN The Promoter is not affiliated with, sponsored by or endorsed by any of the listed products or retailers. Trademarks, service marks, images, logos, (including, without limitation, the individual names of products and retailers) are the property of their respective owners. GENERAL PROVISIONS These Terms and Conditions will be governed by and construed in accordance with the laws of New South Wales, Australia as contracts entered into in that state, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms and Conditions to be unenforceable, the remainder of the Terms and Conditions will continue in full force and effect. We recognize the global nature of the Internet. You agree to comply with any and all local laws or rules regarding your conduct online including the downloading
4 of documents that may be prohibited under laws that apply to your country of residence. No Waiver These Terms and Conditions and the Privacy Policy incorporated herein by reference constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by the Promoter of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Correction of Errors & Inaccuracies The Content may contain typographical errors or other errors or inaccuracies and may not be correct or current. The Promoter reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. The Promoter does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. DISCLAIMER OF WARRANTIES THIS WEBSITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT. THE PROMOTER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. THE PROMOTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICES PROVIDED BY THE PROMOTER, AND THE CONTENT. THE PROMOTER DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE PROMOTER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED "WITH ALL FAULTS," ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIMITATION OF LIABILITY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROMOTER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE OR THE CONTENT. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE PROMOTER BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF THE PROMOTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
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