Magnamail’s M194 Prize Draw
Magnamail Pty Ltd Terms and Conditions of Entry
1. 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. There will be a total of 565,000 Magnamail catalogues and 85,000 email offers distributed amongst residents of Australia and New Zealand.
2. Entry is open to residents of Australia and New Zealand. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion. 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. Entrants must submit all requested information at the time of placing an order. If ordering via the website http://www.magnamail.com.au orders must include the prompted media code and claim number as specified on the promotional letter, in order to be eligible to receive the prize. Entry is automatic on receipt of a completed order. Only 1 entry permitted per order. Incomplete, indecipherable or illegible orders will be deemed invalid.
3. Prior to any catalogues being distributed, winning claim numbers are preselected by an approved computer program by Handling Matters, 1/3 Green Street, Brookvale NSW 2100, Australia in descending order of value with the Major Prize of $20,000 cash randomly selected first and so on with the Minor Prizes of the FM/AM Handheld Radio selected last. The major prize winning claim numbers are sent to our auditors for safe-keeping. On receiving entries the number allocated to each customer order will be compared against the list of winning claim numbers. When a matching entry is received the prize will be dispatched to the customer.
4. 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.
5. 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.
6. Promotion commences on 23 September 2013. Entries close last mail received on 23 December 2013 (“Promotional Period”) and all claims must be received by that date.
7. A second chance draw for any unclaimed major prizes will take place at Handling Matters, 1/3 Green Street, Brookvale NSW 2100, Australia, on 7 January 2014 at 3pm AEDST. All entrants that have ordered from the accompanying catalogue during the Promotional Period will be included in the second chance draw for unclaimed major prizes. Draw winners will be notified in writing by mail within 2 business days and their prize will be mailed to them within 28 days. The names of winners of prizes valued at over $250 will be published in The Australian on Tuesday 21 January 2014 and Sunday Star Times in New Zealand on Sunday 19 January 2014. Promoter’s decision is final and no correspondence will be entered into.
8. The Major Prizes are: 1 x $20,000 Cash, 1 x $1,000 Cash, 1 x HP Notebook Pack (15-J003TU) valued at $1059, 1 x Canon Camera (1100DKISB) valued at $536. HP Notebook Pack includes including 1 x laptop, 1 x wireless mouse, 1 x Microsoft Office 2013 and 1 x anti-virus software. In the event of a second chance draw or unclaimed prize draw, prizes will be awarded in descending order of value. The Minor Prizes include: 79,100 x FM/AM Handheld Radio (X181) valued at $15. There will be 60,200 x FM/AM Handheld Radio awarded to winners in Australia (excluding South Australia), valued to $903,000 and 18,900 awarded in New Zealand, valued to $283,500. Total projected prize pool value for Australia (excluding South Australia) and New Zealand is $1,209,095. Total projected prize pool value in Australia only (excluding South Australia) is $925,595. All prizes are valued in Australian dollars. For SA Residents Only: Total maximum Minor Prizes available in SA is 25,800 x FM/AM Handheld Radio valued at $15. For the purposes of the South Australian Lottery Licensing Regulations, the maximum potential total prize pool in SA is valued at up to $409,595 based on everybody who receives the Magnamail catalogue, claiming their prize.
9. Unless otherwise due to fraud or ineligibility under these terms and conditions all prize claims in excess of the advertised prize pool will be honoured.
10. Prizes are not transferable or exchangeable and cannot be taken as cash unless otherwise stated. If a winner of any major prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.
11. If any 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.
12. In the event that winners of the second chance draw cannot be located, an additional unclaimed prize draw will be conducted. A draw for any unclaimed major prizes from the second chance draw may take place on 8 April 2014 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners will be notified in writing by mail within 2 business days of the draw and their names be published in The Australian on Tuesday 15 April 2014 and Sunday Star Times in New Zealand on Sunday 13 April 2014.
13. Printing and other quality control errors will not invalidate an otherwise valid prize claim.
14. Official game materials void if stolen, forged, mutilated or tampered with in any way.
15. 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.
16. 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.
17. 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.
18. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, 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.
19. 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 agents, contractors, service providers, 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.
20. The Promoter is Magnamail Pty Ltd of Unit 4A, 5 Talavera Road, North Ryde NSW 2113. A.B.N. 13 001 229 376.
21. Authorised under: NSW Permit No. LTPS/13/5857; VIC Permit No. 13/1649; ACT Permit No. TP13/2505 SA Permit No. T13/1253