Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
Entry is open to residents of Australia and New Zealand aged 18 to 100 years of age as at the closing date, who receive a Magnamail catalogue including the Birthday Draw cover letter. Employees and the immediate families of the Promoter and its agencies associated with this promotion are ineligible to enter. Entries can only be made by ordering from the relevant accompanying Magnamail catalogue. Employees and the immediate families of the Promoter and its agencies associated with this promotion are ineligible to enter. Entries can only be made by ordering from the accompanying Magnamail catalogue, either received via mail or email. Entrants must submit all requested information at the time of placing an order. If ordering via the website www.magnamail.com.au or www.magnamail.co.nz orders must include the prompted Media Code and Customer Number as stated on the Birthday Draw cover letter, in order to be eligible to receive a prize. Entry into the draw is automatic on receipt of a completed order. Only one (1) entry permitted per order. Incomplete, indecipherable or illegible orders will be deemed invalid.
The Promoter reserves the right, at any time, to verify the validity of entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an order 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.
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.
Promotion commences on the 13 August 2012. Entries close last mail received on the 29 October 2012. The draw will take place at Handling Matters, 1/3 Green Street, Brookvale NSW 2100, Australia on the 5 November 2012 at 3pm. Winners will be notified in writing by mail or email within two (2) business days of the draw and their prize will be mailed to them within 28 days.
The names of winners will be published in The Australian on the Tuesday 20 November 2012 and Sunday Star Times in New Zealand on Sunday 18 November 2012. The Promoter’s decision is final and no correspondence will be entered into.
The first valid entry drawn from all valid entries received will win the Major Prize, which consists of $25,000, and the chance to win additional prize money up to the value of $75,000 in accordance with the Birthday Game, which will be determined in accordance with condition 8.
The Promoter, or its agent, will program into a computer all dates between 30 October 1911 and 29 October 1994 (inclusive). The computer will then randomly select a date from this range. This draw process will take place at the same time as the original draw. The Major Prize winner‘s birth date, as stipulated on the order form, will be compared to the drawn birth date, and additional prize money may be awarded as follows: (a) if the month stipulated in the drawn date matches the winner’s month of birth an additional $10,000 (odds of winning 1 in 12); (b) if the day stipulated in the drawn date matches the winner’s day of birth an additional $15,000 (odds of winning 1 in 31); (c) if the year stipulated in the drawn date matches the winner’s year of birth an additional $25,000 (odds of winning 1 in 84); and (d) if all three elements of the drawn date (i.e. day, month and year) match the winner’s complete date of birth, then all of the above mentioned prize money will be awarded, as well as an additional $25,000 (odds of winning 1 in 30,681). The winner’s birth certificate (or any other form of proof of age as determined by the Promoter in its absolute discretion) will be required to verify his/her birth details.
Total prize pool is valued at up to $100,000. All prizes are valued in Australian dollars. Prizes are not transferable or exchangeable and cannot be taken as cash unless otherwise stated. All cash prizes will be awarded in the form of a cheque.
In the event the Major Prize, as offered, is won but unclaimed, a draw for the unclaimed Major Prize may take place on 4 February 2013 at the same time and place as the original draw, subject to any written directions from a regulatory authority. The winner (if any) will be notified in writing by mail or email within two (2) business days of the draw. In the event the Major Prize is awarded the winner’s name will be published in The Australian on Tuesday 12 February 2013 and in the Sunday Star Times on Sunday 17 February 2013. For the sake of clarity, in the event the unclaimed prize draw is required to take place, the unclaimed prize draw winner will win the Major Prize as offered. Namely, they will be offered $25,000 and the chance to win up to a further $75,000 via the Birthday Game. A second Birthday Game will be conducted at the same time as the unclaimed prize draw, in accordance with condition 8, to determine if the unclaimed prize draw winner will win any further prize money.
Entrants consent to the Promoter using their 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
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, including but not limited to technical difficulties, unauthorised intervention or fraud, 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.
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 Australia and 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.
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: (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) a prize.
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 as required, to Australian or New Zealand regulatory authorities. Entry is conditional on providing this information. By entering the promotion, unless otherwise advised by the entrant, each entrant consents to the information they submit with their entry being entered into a database and the Promoter may use this information in any media for future promotional, marketing and publicity purposes without any further reference or payment or other compensation to the entrant. All personal details of the entrants will be stored at the office of the Promoter. A request to access, update or correct any information should be directed to that office.
The Promoter is Magnamail Pty Ltd of Unit 4A, 5 Talavera Road, North Ryde NSW 2113.