Competition Terms & Conditions - Men's Health Magazine Australia

Tarocash x Men’s Health Competition Terms

General

  1. The Promoter is Paragon Media Pty Ltd (ABN: 49 097 087 860) of 174 Willoughby Rd, Crows Nest, NSW 2065. Telephone number (02) 9439 1955.
  2. Information on how to enter and prizes forms part of the terms of entry. Entry into the Promotion is deemed acceptance of these terms and conditions. If there is any inconsistency between these terms and conditions and anything else that refers to this Promotion, these terms and conditions will prevail.

Who can enter?

  1. Entry is open to all residents of Australia.
  2. Directors, contractors and employees (and immediate families) of the Promoter and of companies, suppliers and agencies associated with Paragon Media Pty Ltd are not eligible to enter the Promotion.
  3. Entrants under 18 years of age must obtain prior permission of parent or legal guardian to enter. The Promoter may require any such entrant’s parent or legal guardian to sign a release at the Promoter’s sole discretion in which the parent or legal guardian accepts responsibility for the acts and forbearances of the winner. The release will include the parent or legal guardian’s full name, address and telephone number. Failure to agree to the release and provide these details will invalidate the winner’s entitlement to the prize, subject to State and Territory legislation. The prize will be awarded to the winner’s parent or legal guardian.
  4. The Promoter reserves the right at its sole discretion to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity or proof of registration ownership in order to claim a prize. If a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

When to enter

  1. Promotion opens at 09:00 on 01/09/2022 and closes at 23:59 on 29/09/2022 AEST. Entries must be received by the Promoter in the Promotion Period.
  2. All entries are deemed received at the time of receipt by the Promoter not at the time of transmission by the entrant.
  3. Promoter accepts no responsibility for any late, lost, misdirected, delayed, ineligible, incomplete or corrupted entries or delays in the delivery of entries due to technical disruptions, network congestion or for any other reason. SMS entries via the internet or computer generation and not attributable to a valid mobile phone account are invalid and will not be accepted.

How to enter

  1. Entrants may enter the competition by:

Answer the question in 50 words or less: How would you spend the voucher? And the multiple choice question: What occasion are you shopping for? – Races, Formals, Weddings, Weekend or Work. The most creative submissions will win. Entrants must take full responsibility for their entry content and ensuring that their entry complies with these terms and conditions. “Entry content” includes any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry. An entrant’s entry must not include: (a) any image or voice of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person; (b) any content that contravenes any law, infringes the rights of any person or is potentially insulting, inflammatory, defamatory, obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and (c) any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these terms and conditions. The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry includes content as described in any of paragraphs (a) to (c) above.

  1. Entrants must not:

(a) tamper with the entry process; (b) engage in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion (c) submit an entry that is not in accordance with these terms and conditions; (e) use a third party (including online competition entry site) to enter on their behalf, except where the entrant needs to use those services of that third party to enter due to a disability; or (f) engage in conduct in entering the Promotion which, in the opinion of Promoter, is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. If an entrant is found to have breached these terms and conditions including this clause, the entrant will be disqualified so that they will have all their entries invalidated, any claim to any prize will be invalidated and where such an entrant has already been awarded a prize before being found to have breached these terms and conditions, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if these terms and conditions have been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm or deny its suspicions in this regard and any failure to provide such requested documentation to the Promoter on request gives Promoter the right to disqualify the entrant. The Promoter’s legal rights to recover damages or other compensation from any offender are reserved.

Number of Entries permitted

  1. One entry per person. Maximum of one prize will be awarded each of the three winners.

Draw and Notification of winner

  1. The winner will be the valid entry submitted in accordance with these terms and conditions that is judged by the Men’s Health team to be the most creative response at 10:00 on 03/10/2022 at 174 Willoughby Rd, Crows Nest, NSW 2065.

This competition is a game of skill. Chance plays no part in determining the winner.

  1. If any particular draw is scheduled on a public holiday, the draw will be conducted on the following business day.
  2. The Promoter’s decision is final, and the Promoter will not enter into correspondence regarding the competition result or any other decisions the Promoter makes in connection with the Promotion.
  3. The winner/s will be notified by email within 3 business days of the draw. Failure to respond to the email within 5 business days of receiving will void the prize.
  4. Prizes will be awarded to the person named in the winning entries. However, in a dispute, will be awarded to the account holder of the entry mechanism used to submit their entry (i.e. mobile phone account holder or land line account holder).
  5. If an entrant’s contact details change during the Promotion Period, entrant must notify the Promoter. A request to access or modify any information provided in an entry should be sent to the Promoter.
  6. If the winner has not claimed the prize by 13/10/2022 then he or she will forfeit the prize and the prize will be awarded to the valid entry submitted in accordance with these terms and conditions that is judged by Women’s Health to be the next most creative submission at 10:00 on 15/10/2022 at 174 Willoughby Rd, Crows Nest, NSW 2065. The winner of the unclaimed prize will be notified by DM within two days of the date on which they are judged to be the unclaimed prize winner.

Prize on offer

  1. Total prize pool value is up to $3,000 AUD (including GST) as at 03/08/2022. Three winners will be awarded a $1,000 AUD voucher each. Prize packs will be chosen by the promoter and can not be changed or picked by the winner:
  2. Unless otherwise expressly stated, prize values are based on the recommended retail prices at the time of first publication of these terms and conditions (inclusive of GST). The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.
  3. Prizes cannot be transferred, exchanged or redeemed for cash.
  4. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. It is the responsibility of the winner to confirm such conditions with the prize supplier or other relevant third parties.
  5. All entrants agree that if they win the prize, they will not, and their companions will not, sell or otherwise provide their story and/or photographs in relation to the taking of the prize, to any media or other organisation, without the Promoter’s prior written consent. Photographs will be allowed to be taken only at the discretion of the Promoter and the prize provider.
  6. The prize winner must allow up to 30 days for the prize to delivered once the postal address has been confirmed.

Prize clauses

  1. 26. Gift vouchers are subject to the terms and conditions imposed by the gift card provider. Once awarded, the Promoter is not liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way.

Further Terms and Conditions

  1. If for any reason this Promotion is not capable of running as planned, including (without limitation) due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter reserves the right in its sole discretion to take any action that may be available, and (without limitation) to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.
  2. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State and Territory legislation. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
  3. If the prize includes attendance at an event which is cancelled for any reason beyond the control of the Promoter, including due to pandemic or epidemic or illness of a performer, the Promoter reserves the right to take action under either of the previous two clauses.
  4. The Promoter will make reasonable efforts to deliver prizes to the addresses provided by competition entrants. If a prize is returned to the Promoter because it could not be delivered to the address provided, the Promoter cannot guarantee that it will be able to resend the prize to the prize winner. The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.

Copyright

  1. In consideration of the Promoter awarding the prize to the winner, the winner permits the winner’s submission, image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with the Promoter or any of its related bodies corporate or the goods and services of any of them or the advertising or marketing of any of them, in any media whatsoever throughout the world and the winner will not be entitled to any fee.
  2. The Promoter acknowledges that the entrant may own intellectual property rights (including copyright) in any material created or otherwise submitted to the Promoter in connection with the entrant’s entry or participation in any aspect of the promotion (Works). The entrant does not transfer their intellectual property rights to the Promoter by submitting an entry. The entrant grants the Promoter a non-exclusive, irrevocable, perpetual, worldwide, sublicensable licence to use the Works (including modifying, adapting or publishing the Works, whether in original or modified form, in whole or in part, to use, modify, delete from, add to, publicly display and reproduce, the photo(s), including without limitation, in any online media formats and through any social media channels, pages or accounts) for the sole purpose of running the Promotion, promoting and celebrating the promotion and future promotions and agrees that the Promoter may assign and/or sublicense the Works to third parties for this same purpose. Should the Promoter wish to use an entrant’s Works for any other purposes, it will contact the entrant to discuss licensing opportunities.
  3. The entrant acknowledges and agrees that neither the entrant nor any third party shall be entitled to any fee, royalty or other consideration in respect of such licence. If the entrant holds, now, or at any time in the future, any so called “droit moral” or moral rights in connection with the Works, the entrant unconditionally and irrevocably consents, for the benefit of the Promoter and all of its assignees, licensees and sub licensees to minor alterations to the Works which may be required for print or display purposes such as resizing and minor colour correction notwithstanding that such conduct may amount to derogatory treatment of the Works for the purposes of the Copyright Act 1968 (Cth) (Copyright Act). All Entrants consent to attribution by either full name or social media handle in satisfaction of their right to attribution under the Copyright Act.

Limitation of Liability

  1. The Promoter does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australian Consumer Law) which cannot be excluded, restricted or modified. However, the remainder of this clause will apply to the fullest extent permitted by law and the Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s (including without limitation due to attendance at an event or travel undertaken when there is any current health warning, epidemic or pandemic declared which would apply to or could be considered to impact, effect or apply to the relevant event or travel) except for any liability which cannot be excluded by law.
  2. The Promoter is not responsible for any incorrect or inaccurate information, either caused by entrant or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.

Social Media involvement

  1. 36. Entry and continued participation in the Promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at http://www.facebook.com/terms.php
  2. This promotion adheres to the terms and conditions set out in the Facebook promotion guidelines which can be found at: http://www.facebook.com/promotions_guidelines.php. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. All entrants unconditionally and irrevocably release and discharge Facebook from any and all liability in relation to this Promotion.
  3. Instagram membership and the use of Instagram generally are subject to the Instagram prevailing terms and conditions of use available at http://instagram.com/legal/terms/. The promotion is in no way sponsored, endorsed or administered by Instagram, or associated with, Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, the Promoter, Instagram and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram.
  4. All Instagram accounts must be public in order for the Promoter to communicate with them and notify if they’re winners for the promotional period and the judging period. If they are not, they will not be considered for judging.

Entry details and privacy

  1. The Promoter and Tarocash Pty Ltd collects information about you, including your name, email, contact details, DOB and postcode which you provide when registering or using our services as well as information from data houses, social media services, our affiliates and other entities you deal or interact with for example by using their services. We collect and use that information to provide you with our goods and services, to promote and improve our goods and services, to provide you with targeted advertising based on your online activities, for the purposes described in our Privacy Policy and for any other purposes that we describe at the time of collection. We may disclose your information to our related companies, including those located outside Australia. Any of us may contact you for those purposes (including by email and SMS) at any time. We may also disclose your information to our service and content providers, including those located outside Australia. If you do not provide us with requested information we may not be able to provide you with the goods and services you require. We may disclose your personal information to authorities if you are a prize winner or otherwise as required by law. Further information about how we handle personal information, how you can complain about a breach of the Australian Privacy Principles, how we will deal with a complaint of that nature, how you can access or seek correction of your personal information and our contact details can be found in our Privacy Policyhttps://www.menshealth.com.au/privacy-policy/