Terms and Conditions
Schedule to the Terms and Conditions
Harlequin Enterprises (Australia) Pty Limited
ABN: 47 001 180 918 of Level 13, 201 Elizabeth Street, Sydney, New South Wales, Australia.
Entry Restrictions (Clause 4)
1. Entry to the Competition is open to: all residents of Australia
If an entrant is under 18 years of age, they must obtain the permission of their parent or guardian before entering this competition.
Competition Period (Clause 5)
Commences: 9:00am AEST on Monday 16th December 2018
Ends: 11:00pm AEDT on 3rd March 2019
Entry Details (Clause 6)
To enter, entrants must:
Maximum Number of Entries
One per person
Judging Details (Clause 8)
The entries that are judged by the Promoter’s panel of judges to be the best, most original and creative will each win the prize. Chance plays no part in determining the prize winners.
The one prize winner and five runners up will receive:
Prize Restrictions (Clauses 10 - 18)
In the event that any of the prizes become unavailable, the Promoter reserves the right to provide a similar product to the same or greater value as the original prize, subject to any applicable laws or written directions made under applicable legislation.
Winner Notification (Clause 19)
Unless advertised differently, the prize winners will be notified by phone, email and/or mail at the end of the competition period and by no later than 08/03/2019 and posted on www.harpercollins.com.au/hqcompetitionwinner
Rights in Your Entry
(Clauses 20 - 24)
A non-exclusive, irrevocable, royalty-free licence.
The prize winner must be over 18 years of age
Terms and Conditions
1. By entering the Competition, you agree to be bound by these Terms and Conditions. Any instructions relating to the Competition on the Promoter’s Website form part of these Terms and Conditions.
2. Any capitalised terms used in these Terms and Conditions have the meaning given in the Schedule, unless stated otherwise. In the event of any inconsistency between the Schedule to the Terms and Conditions (“Schedule”) and these Terms and Conditions, the Schedule will take precedence.
3. The Promoter may in its discretion refuse to award any Prize to any entrant who fails to comply with these Terms and Conditions.
4. Eligibility to enter the Competition is subject to the Entry Restrictions. An entrant of the Competition must be an individual and not a company or organisation. Directors, employees and their immediate families of Harlequin Enterprises (Australia) Pty Limited, and their associated agencies and companies are not eligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether by natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
5. The Competition will be conducted during the Competition Period. Any entry received after the expiry of the Competition Period will be deemed invalid. No responsibility is accepted for late, lost, delayed or misdirected entries.
6. To enter the Competition, entrants must complete the Entry Details during the Competition Period.
7. Entrants can enter the Competition up to the Maximum Number of Entries. Entries must be submitted separately and each entry must individually meet the requirements in the Schedule and are subject to the Entry Restrictions. 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 tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
8. The entrant(s) whose entry is judged by the Promoter’s panel of judges to be the most original and creative (and any judging criteria set out in Judging Details of the Schedule) will win the Prize. The Promoter and its panel of judges may, in their absolute discretion, decline to award any or all Prizes, including where the judges determine that the entry is not of publication standard. Chance plays no part in determining the Prize winners. Decisions of the Promoter and its panel of judges are final and will be binding on each person who enters the Competition and no correspondence will be entered into.
9. The Prize will be awarded as specified in the Schedule. The Prize values are the recommended retail value, are in Australian dollars and are correct as at the time of the commencement of the Competition Period. The Promoter accepts no responsibility for any variation in the Prize value.
10. The Promoter will not be responsible for any additional costs associated with use of the Prize. The Prize winner is responsible for all costs associated with using the Prize including (if applicable) travel and/or transfer costs, expenses with respect to food and beverages, travel and medical insurance costs and spending money.
11. If a Prize is available in various locations, the Prize winner is only eligible to claim the Prize in their nearest capital city. If the Prize occurs in the Prize winner’s home city, the Prize winner will not be eligible to receive any accommodation or airfares (which may otherwise have formed part of the Prize).
12. If the Prize is date specific, the Prize winner must be available to redeem the Prize on the dates stipulated by the Promoter. If the Prize winner is not able to redeem the Prize on that date, the Promoter may determine another Prize winner in its absolute discretion.
13. No component of the Prize can be transferred or redeemed for cash.
14. All Prizes are subject to availability. In the event that any of the Prizes or part of a Prize becomes unavailable due to circumstances beyond the Promoter’s reasonable control, the Promoter reserves the right to provide a similar product to the same or greater value as the original prize, subject to any applicable laws or written directions made under applicable legislation.
15. It is a condition of accepting the Prize that the winner (and any guests participating in using the Prize) must comply with all the conditions of use of the Prize and Prize supplier’s requirements.
16. If the Prize includes flights, entrants agree that:
a. the Prize does not include transfers to and from the winner’s place of residence to the departure point and transfers between the accommodation and airport (unless otherwise specified in these Terms and Conditions);
b. the flights must be utilised at the same time, for the same travel dates, to and from the same destination;
c. no frequent flyer (or equivalent rewards program) points will accrue to the Prize winner (and any guest participating in using the Prize) on the Prize flights or accommodation; and
d. the booking time of the flights will be determined by the Promoter in its complete discretion and blackout periods may apply including all public holidays.
17. If the Prize includes accommodation, it is a condition of accepting the Prize that the Prize winner may be requested to present their credit card or a cash deposit upon arrival at any accommodation to cover all ancillary costs they may incur during their stay. For the avoidance of doubt, the Prize winner acknowledges that the accommodation part of the Prize includes room charges only (and no ancillary costs such as room service).
18. If the Prize involves tickets to an event, the Promoter is not responsible for any changes in times or dates, or cancellations or rescheduling of events that may prevent the Prize winner from redeeming the Prize or any part of it.
19. Unless advertised differently, the Prize winners will be notified in accordance with the Winner Notification details in the Schedule. Please allow at least twenty-eight (28) days from the date of notification for the delivery of the Prize.
Rights in Your Entry
20. All entries become the property of the Promoter and will not be returned to the entrants.
21. To be eligible for a Prize your entry must only include original material created by you or material which you have permission to use, which may be included in your entry.
22. By submitting your entry to the Promoter, you grant the Promoter and its licensees and assignees:
a. the Rights in Your Entry specified in the Schedule to exercise all rights in your entry, including without limitation, the right to reproduce and communicate your entry to the public in whole or in part, in perpetuity and throughout the world in any media; and
b. the right to publicise, broadcast and communicate to the public your name, character, likeness or voice for any promotion or matter incidental to the Competition with no compensation to you for such use.
23. You understand and agree that your entry may be edited or adapted at any time by the Promoter for legal, editorial or operational reasons.
24. 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.
25. If the method of entry instructs you to include any material owned by the Promoter (“Harlequin Material”) such as a Harlequin trade mark or logo, you agree that:
a. you must not use the Harlequin Material for any purpose other than for the purpose of including it in your entry in the Competition;
b. any use of the Harlequin Material by you will not give you or any other person (other than the Promoter) any right, title or interest in the Harlequin Material;
c. you must not carry on a business under a name which includes the Harlequin Material or any trade mark similar to the Harlequin Material; and
d. you must not apply to register a trade mark similar to the Harlequin Material.
26. No other party may use the Harlequin Material without prior approval of the Promoter.
27. To provide you with this Competition, the Promoter needs to collect personal information about you. If you do not provide the information requested, the Promoter may not be able to provide you with the Competition entry.
28. You agree that, subject to the Privacy Act, the Promoter or its agents may do the following
a. transfer personal information confidentiality to organisations that provide services in relation to this Competition;
b. disclose personal information to State and Territory lottery departments;
c. publish the winners’ names as set out in these Terms and Conditions and as required under applicable law; and/or
d. use the prize winners’ personal information in any media for publicity purposes associated with the Competition without any further payment or other compensation, unless the prize winner otherwise notifies the Promoter at the time of accepting the prize.
29. Entry details remain the property of the Promoter, and their related entities and are collecting the entrant’s personal information for the purpose of conducting and promoting this Competition (including but not limited to determining and notifying winners). The entrant may request access to his or her personal information by calling the Harlequin Privacy Officer on 02 9952 5000.
30. Any attempt to interfere with the normal functioning of the Website or to otherwise undermine the legitimate operation of this Competition is prohibited and will render all entries submitted by that entrant invalid.
31. You warrant that:
a. your entry is your original work, and to the extent it is not, you have obtained the relevant permission;
b. all details provided with your entry are true and accurate;
c. you have all necessary rights to grant the Promoter the rights granted under these Terms and Conditions;
d. use of your entry by the Promoter, in accordance with these Terms and Conditions, will not infringe the rights of any third parties;
e. your entry does not breach any law; and
f. your entry is free from viruses and similar destructive programs.
32. You agree to indemnify the Promoter against any loss or damage resulting from any breach of the warranties above and acknowledge that the Promoter may, in its absolute discretion, not award the Prize to you for breach of the warranties above.
33. You acknowledge that the Promoter is under no obligation to use your entry, and any reproduction and/or communication of your entry to the public by the Promoter (in accordance with these Terms and Conditions) is at the complete discretion of the Promoter.
34. You acknowledge this Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any questions, comments or complaints regarding this Competition must be directed to Harlequin rather than to Facebook.
35. If there is any event that prevents or hinders the Promoter’s conduct of the Competition or the Promoter’s ability to deliver the Prize to the Prize winner(s), the Promoter may, in its discretion, cancel the Competition and recommence it at another time under the same conditions.
36. The Promoter is not responsible for any incorrect or inaccurate information, or for any failure of the equipment or programming associated with or utilised in the Competition, or for any technical error that may occur in the course of the administration of the Competition. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries.
37. To the full extent permitted by the law, the Promoter will not be liable for any delay, death, injury, damages, expenses, or loss whatsoever (whether direct or consequential) to persons or property as a result of any person entering into the Competition or accepting or using any Prize, including without limitation non-receipt of any Prize or damage to any Prize in transit and the Prize winner’s failure to comply with the terms and conditions (if any) specified by any third party.