TERMS AND CONDITIONS – nextmedia Blanket Promotions

General

1. Information on how to enter the draws and win prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. To the extent of any inconsistency between these Terms and Conditions and any other reference to this promotion, these Terms and Conditions prevail.
3. Entry is only open to Australian and New Zealand residents aged 18 years or over, as of the date of entry, unless otherwise specified in the details on how to enter. Employees of nextmedia Pty Ltd, Chevron Publishing and their advertising agencies, newsagents, subagents, respective employees and their immediate families are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, defacto spouse, child or step child (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step brother, step sister or 1st cousin. 
4. The Promoter is nextmedia Pty Ltd (ABN 84 128 805 970) of Level 8, 205 Pacific Highway, St Leonards, NSW 2065.

Promotions under the blanket

5. Various promotions will be conducted under these Terms and Conditions during the period that commences 12:00am on Saturday  27^th January 2024 and ends 11:59pm on Sunday 26th January 2025. All times are Australian Eastern Standard Time or Australian Eastern Daylight Savings Time, whichever is applicable in NSW.
6. Instructions on how to enter, including prizes and specific terms will be printed in the magazine title that is running the individual promotion under this blanket. Each individual promotion will be subject to these Terms and Conditions. 

How to Enter

1. To enter, readers must follow the instructions as printed on the promotional page or online entry form in the nextmedia magazine title or website that is running the promotion. nextmedia Magazines titles include and are not limited to; Australian Muscle Car, Australian Muscle Car Premium, ABC Gardening Australia, Golf Australia, Frankie, Healthy Food Guide, Healthyfood.com, K-Zone, Old Bike Australasia, ABC Organic Gardener, Prevention, Science Illustrated, Total Girl, and their associated publications, and any other Nextmedia brands. Promotions may also be run online, on Twitter or on Facebook and Instagram with entry details displayed on the promotional entry site.
8. Incomplete, indecipherable or illegible entries will be deemed invalid.
9. 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, subject to State and Territory legislation, to disqualify any entrant who submits an entry that is not in accordance with the Terms and Conditions or who tampers with the entry process (including but not limited to using automated means to enter). Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
10. There is no limit to the number of entries per person in each draw unless a limit is specified in the instructions on how to enter. If a limit is specified in the instructions on how to enter, entrants may only enter the promotion in accordance with those instructions.
11. The Promoter reserves the right, in its sole discretion but subject to State and Territory legislation, to disqualify any individual who tampers with any aspect of the entry process or attempted to gain an unfair advantage over other entrants. In particular, SMS entries via the internet, computer generation or “scripting” are invalid and will not be accepted. Website entries using “scripting” for multiple entries will not be accepted. 

Draws

12. Manual draws will be conducted at the Promoter’s Premises at nextmedia Level 8, 205 Pacific Highway, St Leonards, NSW 2065 as per the promotional panel printed in the nextmedia magazine title or online. Electronic random draws will be conducted at nextmedia Level 8, 205 Pacific Highway, St Leonards, NSW 2065 within one week after the close date of each promotion or as per the promotional panel printed in the nextmedia magazine title or online. Entries in each draw will NOT be entered into any subsequent draws.  
13. There will be an estimated 200 draws over the Promotional Period.
14. Prizes will be sent within 28 days of the draw. The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential prize delivery. The Promoter makes all reasonable efforts to deliver prizes to the addresses provided by competition entrants. 
15. Winners will be notified in writing and phone within two business days of the draw date. Winners details will only be published if prize value exceeds $750, and will be published in one of the following methods: 1) online at www.mymagazines.com.au   or  https://frankiepress.mymagazines.com.au/ (if the promotion is solely advertised online) 2) in the relevant magazine and within 30 days of the draw date, or 3) in the public notices section of The Australian newspaper for prizes over $250 within two weeks of the draw date.
16. Each individual prize will not exceed $1,000 AUD, each draw will not exceed a total prize value of $5,000 nor will the total prize value of all promotions under this blanket permit exceed $100,000.
17. Any unclaimed prizes from a draw will be re-drawn no less than 3 months from the original draw date at the same time and place as the original draw.
18. Should any unclaimed prizes be an event based prize with a redemption date, the unclaimed prize draw for that prize will be drawn in a timely manner to allow for any unclaimed prize winners to attend the event. 
19. Winners of the unclaimed prize draw will be notified in writing within 2 days of the draw. Winners will be notified in writing and phone within two business days of the draw date and published in one of the following methods: 1) online at www.mymagazines.com.au  or https://frankiepress.mymagazines.com.au/  (if the promotion is solely advertised online) 2) in the relevant magazine and within 30 days of the draw date. 

Further Terms and Conditions  

20. If entrants are required to enter a promotion using Facebook, entrants are advised that Facebook membership and the use of Facebook generally are subject to the Facebook prevailing terms and conditions of use available at www.facebook.com. Promotions are 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. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other internet users via Facebook. To the extent permitted by law, each entrant agrees to indemnify, defend and forever hold harmless, Facebook and its 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 Facebook.
21. Any entrant found to have used a third party (including online competition entry site) to enter on their behalf will have all entries invalidated and any claim they have to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
22. Any entrant found to be entering incorrect contact details, including incorrect email contact details, will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
23. 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. Cash will not necessarily be awarded as a substitute. 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.
24. The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential prize delivery. The Promoter makes all reasonable efforts to deliver prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to the prize-winner. 
25. The Promoter reserves the right to request winners to sign a winner’s deed of release or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
26. The Promoter reserves the right to redraw in the event that an entrant, claiming to be a winner, is unable to satisfy these Terms and Conditions or has breached these Terms and Conditions.
27. The Promoter’s decision in relation to any aspect of the competition is final and binding on each person who enters. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries. Prizes are subject to availability, not transferable or exchangeable and, with the exception of cash prizes, cannot be taken as cash. Prizes will be sent to the winner’s nominated address as stated in their original entry. The Promoter and their associated agencies, and companies associated with this promotion will take no responsibility for prizes damaged or lost in transit.

Copyright, Statutory guarantees, Waiver and liability

28. In participating in the prizes, the winners agree to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. The winners (and their companions) agree to granting the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide, including online social networking sites, and the winners (and their companions) will not be entitled to any fee for such use.
29. Prize-winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.
30. The Promoter (subject to State and Territory Legislation) reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
31. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used.
32. Nothing in these Conditions of Entry limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), 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.
33. 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 Conditions of Entry; (e) any tax liability incurred by a winner or Entrant; or (f) use of a prize The Promoter (including its’ officers, employees and agents) excludes all liability for any loss (including, without limitation, indirect, special or consequential loss or loss of profits or opportunity), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition including taking or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law), including the Non-Excludable guarantees. Any change in value of the prize occurring between the publishing date and date the prize is claimed is not the responsibility of the Promoter.

Privacy Collection Statement

34. 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 regulatory authorities. Entry is conditional on providing requested information. Entrants should direct any request to access, update or correct information or complaints to the Promoter (address listed below). The Promoter will otherwise handle personal information in accordance with its privacy policy available at www.nextmedia.com.au/next-mediaprivacy-statement.html. All entries become the property of the Promoter.

The Promoter is nextmedia Pty Ltd Level 8, 205 Pacific Highway, St Leonards, NSW 2065. ABN 84 128 805 970. 

Authorised under: ACT Permit No. TP 23/02416
Authorised under: NSW Authority No. TP/01427