1. Instructions 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.
2. Entry is open to Australian residents 18 years or over who own a business operating in Australia. Employees (and their immediate families) of the Promoter, agencies associated with this promotion are not eligible to enter.
3. The promotion commences on 26 March 2013 and closes 5.00pm AEST on 1 May 2013 (“Promotional Period”). The judging will be done by a panel of judges appointed by the Promoter. The judging will take place at the Promoter’s premises, 66-68 Goulburn Street, Sydney, NSW 2000 and will begin on 2 May 2013. The winner will be notified by telephone and in writing using the contact details given in their entry.
4. To enter, eligible business owners must visit smarterbusinessideas.com.au/competitions, follow the prompts to the promotion entry page, input the requested details including their full name, full street address, daytime telephone number and answer to the competition question in one hundred (100) word or less: ‘How will a Blackberry Z10 help you be more productive?’ and submit the fully completed entry form as instructed.
5. Only one (1) entry permitted per entrant.
6. This is a game of skill, chance plays no part in determining the winner. Each entry will be individually judged based on its literary and creative merit of the answer to the question provided. The judges’ decision in relation to any aspect of the competition will be final and binding on every person who enters. No correspondence will be entered into.
7. The Entrant warrants to the Promoter that the entry submitted is an original artistic work of the Entrant that does not infringe the rights of any third parties. If the entry or any part of the information provided to the Entrant in relation to the entry was provided by a third party, the Entrant warrants that they have obtained the relevant copyright permission to submit the entry for the purposes of this promotion. The entrant agrees to indemnify the promoter against all claims and costs by third parties arising from a breach of the warranty set out in this condition.
8. The Promoter is entitled to use any of the entries submitted in any manner and for any purpose at its absolute discretion, including using the entries for future promoter’s or their agents book publications, promotional, marketing and publicity purposes without any further reference or payment or other compensation to the entrant. The promoter is entitled to amend, edit, select, crop, retouch, add to or delete from any part of the submitted entry.
9. Entries must not be offensive, defamatory or racist. Any entry which the judges deem inappropriate will be invalid. The entrant agrees to indemnify the Promoter.
10. 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. Errors and omissions will 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.
11. The best ten (10) valid entries, as determined by the judges, will be deemed the major prize winners and will win:
One (1) x Blackberry Z10 Mobile Phone valued at up to $696.
Total prize pool is valued at up to $6960 (including GST). Any ancillary costs associated with redeeming the prize are not included. These are the responsibility of the winner.
12. The prize does not include any installation or set-up of any of the products.
13. Prize must be taken as offered. The prize, or any unused portion of the prize, is not exchangeable or cannot be redeemed as cash. The prize cannot be used in conjunction with any other special offer. The prize is valued in Australian dollars. The Promoter accepts no responsibility for any variation in the prize value. Prize winner is advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize.
14. Products included in prize package (including but not limited to titles, colour, design, sizing, model, finish, style, memory capacity etc) will be determined by the promoter in its complete discretion. All prizes must be taken as offered.
15. The prize will be delivered to the nominated address of the Prize winner. Delivery of the Prize is valid to any state and/or city in Australia.
16. In acceptance of the prize, the Winner acknowledges that they may incur ongoing costs associated with the prize which are the entire responsibility of the winner.
17. Prize is subject to the standard terms and conditions of individual prize and service providers.
18. In the event that for any reason whatsoever the Winner does not take the prize at the time stipulated by the Promoter, then the prize will be forfeited by the Winner and cash will not be awarded in lieu of the prize.
19. In the event that a prize, or part of a prize, is unavailable, the Promoter reserves the right to substitute the prize or part of the prize in its discretion with an alternative prize or part of the prize to the same and equal recommended retail value and/or specification subject to any written directions from the various Lottery Departments.
20. The promoter is neither responsible nor liable for any late lost or misdirected mail (including but not limited to prizes).
21. The Promoter is not responsible nor liable for any prize damaged in transit in the delivery of their prize
22. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
23. 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 (“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.
24. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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) use of the prize.
25. 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.
26. 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 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, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
27. All entries become the property of the Promoter. The collection, use and disclosure of personal information provided in connection with this promotion is governed by the Privacy Notice (see www.bauer-media.com.au for location of privacy notice).
28. By entering this promotion, the entrant consents to receipt of any email regarding the promotion, and other emails which inform the entrant of the Promoter’s other publications, products, services and events and to promote third party goods and services it may be interested in.
29. The Promoter is Bauer Media Limited (ABN 18 053 273 546) of 54 – 58 Park Street, Sydney, NSW 2000. Phone: 02 9282 8000.