1) Entry into the “Yellowtrace 7th Birthday Giveaway” competition (“Competition”) is deemed acceptance of these Terms and Conditions. Instructions on ‘How to enter’ also form part of these Terms and Conditions.

2) For the purpose of these Terms and Conditions, the promoter is Yellowtrace Pty Ltd of Suite 5, 13 Kirketon Road, Darlinghurst NSW 2010 (ABN: 80 798 417 363) (“Promoter”).

3) Entry is open to Australian residents who are 18 years or older and living in Australia (excluding employees of the Promoter and associated agencies and companies, and their immediate families) (“Entrant”). For the purposes of this clause, “immediate families” of an employee includes his or her spouse, ex-spouse, de facto spouse, child, step child, adopted child, parent, step-parent, grandparent, uncle, aunt, siblings, step-siblings, or first cousin.

4) The Competition commences at 5:30am AEST on 30 November 2016 and ends at 23:59pm AEST on 15 January 2017. (“Competition Period”). Entries received outside of the Competition Period will not be accepted by the Promoter and will be deemed to be invalid.

 

HOW TO ENTER:

5) This Competition is a game of skill. Chance plays no part in determining the winner.

6) Entrants must be an email subscriber of Yellowtrace in order to enter this Competition. If an Entrant is not an email subscriber of Yellowtrace and wishes to participate in this Competition, the Entrant should first visit and complete the Yellowtrace 7th Birthday Giveaway competition page to become an email subscriber. Existing subscribers must confirm their subscription by also completing the Yellowtrace 7th Birthday Giveaway competition page.

7) To enter, the Entrant must fully complete and submit the 2016 Annual Reader Survey. The same email address used when subscribing must be provided in the survey in order to match to subscriber information (an “Entry”).

8) Only one entry is permitted per Entrant.

9) Judging of all valid Entries received within the Competition Period will be conducted by a panel of judges at the Promoter’s head office at Suite 5, 13 Kirketon Road, Darlinghurst NSW 2010 (or if it has changed, the Promoter’s current office address at the time of Judging) by 5:00pm AEST on 20 January 2016. One winning Entry will be selected based on what the judges deem to be the most informative, inspiring or creative entry (“Winning Entry”).

10) The entrant who submits the Winning Entry will win:

1. One Featherstone Scape Armchair courtesy of Grazia & Co
2. The exact specification of the chair frame and upholstery given away will depend on availability

11) The maximum total value of the Prize awarded in this Competition is AUD4,500

12) The Winner will be notified via email by 6:00pm AEST on 27 January 2017 of their success and will be directed to email the Promoter acknowledging their Winning Entry and accepting the Prize, as well as providing any additional details required to deliver the Prize.

13) The Promoter will take no responsibility if the Winner’s details provided are incorrect or incomplete and the Winner cannot be contacted.

14) The Promoter reserves the right to appoint a new winner if the Winner cannot be contacted within 24 hours or if the Prize cannot be redeemed by the Winner. This new winner will be appointed by conducting a second judging of the Entries, such judging to take place in the same manner and at the same premises as the initial judging on a date to be determined by the Promoter.

15) The judges’ decision is final and no correspondence will be entered into regarding it.

 

GENERAL

16) The Prize is not transferable and is not redeemable for cash. The Prize must be taken as stated and no compensation will be paid if the Winner is unable to use the Prize.

17) No responsibility will be taken by the Promoter for any changes in dates, times or cancellations or other arrangements that may prevent a winner from accepting, taking or using a prize.

18) In the event that a Prize becomes unavailable, at any time before or after awarding the Prize, for reasons beyond the Promoter’s control, the Promoter may substitute or withdraw the Prize in its absolute discretion.

19) The Promoter reserves the right, in its absolute discretion, at any time before the awarding of the prizes to cancel or vary the Competition, or cancel, vary or withdraw its prizes. If the Promoter cancels or varies a Competition, or cancels, varies or withdraws its prizes, it is not: a) liable to any person for any costs, loss or damage whatsoever arising out of, or in connection with, such cancellation, variation or withdrawal; or b) required to conduct the Competition at any other time.

20) An Entrant’s Entry must not be late, incomplete, incomprehensible, unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, capable of encouraging conduct that would be considered a criminal offence, capable of violating any law or giving rise to any civil liability.

21) Any Entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.

22) By entering this Competition each Entrant warrants to the Promoter that their submitted Entry is an original work of the Entrant and does not contain any material which would infringe the rights of any third party, including any copyright, trademark or other third party intellectual property rights. The Entrant agrees to indemnify the Promoter and keep the Promoter indemnified against all claims and costs incurred by third parties arising from a breach of the warranties set out in this clause.

23) Each Entrant assigns all proprietary rights (including any intellectual property rights) they have in their Entry to the Promoter. Each Entrant acknowledges and agrees that their Entry becomes the property of the Promoter and the Promoter has the right to alter and use the Entry across any communication or marketing platform owned or used by the Promoter. The Promoter is entitled to use any of the submitted Entries for any purpose, including (but not limited to) any future promotion, marketing or publicity purposes.

24) The Promoter reserves the right to remove, at any time, from any communication channels or platforms, on which the Entries have been published, any Entry it deems, in its sole discretion, to not be in the spirit of this Competition, to be offensive or in breach of these Terms and Conditions, any legislation, regulations or by-laws.

25) 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 interferes or tampers with the Entry process or if the Entrant is engaged in any unlawful or other misconduct calculated to jeopardise the fair and proper conduct of the Competition. The Promoter’s legal rights to recover damages or other compensation from such an Entrant are reserved.

26) Despite anything to the contrary in these Terms and Conditions, errors and omissions may be accepted at the Promoter’s complete discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

27) The Promoter’s decision in relation to any or all aspects of this Competition is at its complete discretion, final and binding on all persons who enter into this Competition and no correspondence will be entered into.

28) Any costs associated with entering this Competition are the responsibility of each Entrant.

29) The Promoter accepts no responsibility for late, lost or misdirected Entries or other communications. Entries will be deemed void if forged, manipulated or tampered with in any way. Incomplete, indecipherable, or illegible Entries will also be deemed invalid and will not be included in the Competition. All Entries are deemed to be received at the time of receipt by the Promoter and not the time of transmission by the Entrant. The Promoter cannot accept responsibility for any entry not received. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches.

30) Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees or implied warranties as provided under any applicable consumer protection laws.

31) Except for any liability which cannot be excluded by law, the Promoter and its associated companies are not responsible for and exclude 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 problems or technical malfunction (whether or not under the Promoter’s control) of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to Entrants or any other person’s property related to or resulting from participation in this Competition;
b) any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with this Competition, or by any technical error that may occur in the course of this Competition;
c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or third part interference or unauthorised access to or alteration of entries or entrants details;
d) any Entry that is late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter);
e) any tax liability incurred by a winner or entrant (independent financial advice should be sought);
f) participation in this Competition; or
g) cancellation of this Competition.

32) This Competition, or any aspect of it, may be changed or withdrawn by the Promoter at any time without prior notification. In the event of any dispute, the Promoter will be the sole arbitrator and its decision will be final (subject to any laws that may apply).

33) Any attempt to deliberately damage the Promoter’s promotional website or the information on the website, to cause malicious damage or interference with the normal functioning of the website, or to otherwise undermine the legitimate operation of this Competition may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.

34) The Promoter will collect Entrants’ personal information in order to conduct the Competition. If the information requested is not provided, the Entrant may not participate in the Competition.

35) By entering the Competition, the Entrant consents to receipt of any email regarding the Competition and other emails or communications which inform the Entrant of the Promoter’s other publications, products, services and events and to promote third party goods and services the Entrant may be interested in, and as otherwise specified in these Terms and Conditions. The Promoter may use any personal information in accordance with its privacy policy available at its website https://www.yellowtrace.com.au. Entrants may access and correct their personal information held by the Promoter, upon request to the Promoter.

36) These Terms and Conditions are governed by, and are to be construed in accordance with, the laws enforceable in NSW, Australia. Each party submits to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia and any court hearing appeals from those courts.

37) These Terms and Conditions embody the entire agreement between the Promoter and each Entrant with respect to this Competition.

38) These Terms and Conditions may be amended or replaced by the Promoter in its absolute discretion and at any time.

39) Entry into the Competition is deemed acceptance of the Terms and Conditions (as amended from time to time).

40) Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

41) The Promoter can be contacted at:
Email: hello [at] yellowtrace.com.au
Phone: (02) 9331 0444