How to enter and conditions of entry.1. Participation in and gaining the benefit of this promotion is deemed acceptance of these terms and conditions.2. This is a game of skill and chance plays no outcome in determining the winner.3. This competition is open to all people aged 13 or over whom are permanently residing in Australia.4. Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies or companies associated with this Promotion are ineligible to enter.5. Entries open at 5:30am on Friday 30th November 2012 – Australian Eastern Standard Time.6. Entry to the giveaway is automatic upon the valid completion and submission of the YELLOWTRACE Survey hosted by Survey Monkey. A valid entry will have all compulsory questions answered and the entrant will provide a valid email address. An entry will be invalid if either or both are incorrectly completed or incomplete.7. The last date for entries to be received is 11.59pm on Friday the 14th December 2012 – Australian Eastern Standard Time.8. Every valid entry will be judged on the skill of entering.9. The Promoter reserves the right, at its sole discretion and without notice, to cancel, modify or suspend these terms and/or this promotion in whole or in part, including, but not limited to in the event of fraud, technical or other difficulties or if the integrity of the Promotion is compromised, subject to any written directions from the various state lottery departments and without liability to the participant.10. The Promoter is Yellowtrace Pty Ltd, PO Box 1614, Potts Point NSW 1335; ABN: 51 132 740 348, email: [email protected]How winners will be determined and notified.11. Only one entry can be entered per person.12. The Promoter’s decision regarding all matters concerning the promotion is final and no correspondence will be entered into.13. The Prize winners are the entries best based on the above criteria.14. The Prize winners will be determined at the offices of Yellowtrace Pty Ltd, PO Box 1614, Potts Point NSW 1335; ABN: 51 132 740 348, on 17th December 2012. The short listing may occur at any time between the closing date for entries and the determination of the Prize winners.15. The Prize winners will be notified within seven (7) business days of the selection by email.16. Should the Winner fail to acknowledge the email advice of them winning the prize by the Promoter, by return email to the Promoter within seven (7) business days, this entry shall be deemed invalid and a new Winner shall be determined.The Prizes.17. There will be one (13) prizes including as follows:1 x Volley Lounger (Volley Chair shown) from Tait, designed by Adam Goodrum.1 x Muuto Unfold Pendant in Yellow, from Safari Living.1 x Swedese Spin Stool in Yellow, from Fred. Designed by Staffan Holm.1 x Limited Edition Nessino Lamp in Yellow, from Artemide. Designed by Giancarlo Mittioli & Gruppo Architetti Urbanisti.5 x Christian Lacroix LOVE A6 Journal, from Designers Guild.1 x Showtime Porcelain Vase 2 in Electrical Yellow, from KE-ZU. Designed by Jaime Hayon.1 x Big Bold Ball Wall Art in Yellow, from I Need Nice Things.1 x Keith Melbourne ‘The Glass Collection’ Yellow Stool, from Zenith.1 x S&B Colour Block Bed Linen in Yellow, from Corporate Culture. Designed by Scholten & Baijings for Hay.18. The total value of the prizes is up to AU$3,200.00.19. The prizes are not redeemable as cash.20. The prizes are not transferable.21. Unless alternate agreements are made with the prize suppliers, the Winners will be required to pay at their own expense, the cost for delivery of the prize to their chosen destination. Alternatively, the Winner may make arrangements to collect the prize in person with the prize suppliers.22. The Winners will not be required to sign a liability waiver form to accept the prize.23. It is a condition of accepting the prize that the winners (and his/her) must comply with all the conditions of use of the prize and prize supplier’s requirements.24. The prizes are subject to the standard terms and conditions of individual prize and service providers.General Rules.25. The Promoter reserves the right to determine the validity of entries (including an entrant’s email address, age and Country of residence), at any time during or after the Promotion Period, and reserves the right to disqualify any entrant (and all entries submitted by that entrant) for dishonesty or breach of these Terms and Conditions. Errors and Omissions may be accepted at the Promoter’s discretion. Failure of the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.26. Cost of the Internet is the entrant’s responsibility. Any costs associated with accessing the promotional website are the entrant’s responsibility and are dependent on the Internet Provider used. Any incorrect contact details entered shall invalidate the entry. The Promoter is not responsible for receipt of incomplete, damaged or incomprehensible entries. Any entry that does not comply with these terms and conditions will be invalid.27. The Promoter accepts no responsibility for any tax implications that may arise from acceptance of the prize winnings. Independent financial advice should be sought.28. 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 States and Territories of Australia (‘Non-Excludable Guarantees’). Except for any liability that cannot by law be excluded, including 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 or opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.29. 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) including any incorrect or inaccurate information, either caused by the telephone or internet user or for any of the equipment or programming associated with or utilized in this promotion, or for any technical error, or any combination thereof that may occur in the course of the administration of this promotion including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, technical problems or traffic congestion on the internet or website, software failure, theft or destruction or unauthorised access to or alteration of entries; (b) any injury or damage to entrants or any other person’s computer related to or resulting from participating in or downloading any materials in the promotion; © any theft, unauthorised access or third party interference; (d) 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; (e) any variation in prize value to that stated in these Terms and Conditions; (f) any tax liability incurred by a winner or entrant; or (g) use of a prize.30. In the event of war, terrorism, state of emergency or disaster the Promoter reserves the right to cancel, terminate, modify or suspend the promotion subject to any written directions from a relevant Regulatory Authority.31. If this promotion is interfered with in any way or is not capable of being conducted as reasonable anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, 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.32. All entries become the property of the Promoter, The Promoter collects entrants’ personal information in order to conduct the promotion. If the information requested is not provided, the entrant may not participate in the promotion. By entering this promotion, unless otherwise advised, each entrant also agrees that the Promoter may use this information in any media for future promotional, marketing, research, profiling and publicity purposes without any further reference, payment or other compensation to the entrant, including sending the entrant electronic messages or telephoning the entrant and to disclose to third parties, including but not limited to agents, contractors, service providers, prize suppliers. Entrants’ personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation.33. Entrants consent to the Promoter using the entrant’s name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
