1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Employees (and their immediate families) of the Promoter and agencies associated with this promotion, including without limitation the Promoter’s promotional partners Seiko (“Partner”), are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto 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.
3. Promotion commences 22/03/2016 and entries close at 11:59pm AEST on 13/04/2016 (“Promotional Period”).
4. To enter:
(a) locate the competition entry form page contained on the Star Observer website: www.starobserver.com.au;
(b) allow the Application to connect to their profile and enter all requested details including their name, partner’s name, email address, contact phone number, age, State of residence, post code;
(c) upload a recent photograph of themselves and their partner(s); and
(d) submit the completed entry.
5. Individuals submitting entries in accordance with the above acknowledge that they are entering for themselves and on behalf of their partner(s), and that they have their partner’s consent to enter this promotion. Individuals and their partners will be regarded as a single entrant for the purposes of this promotion.
6. Uploaded photographs must be submitted in JPEG, GIF or PNG format and must not be edited, distorted or enhanced in any way.
7. Entry and continued participation in the promotion by any Facebook Platform user is dependent on the user following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
8. Without limiting the generality of the above, entries and accompanying photographs must not contain any material determined by the Promoter or its Partners in its absolute discretion to be obscene, offensive or inappropriate. The Promoter will review each entry and accompanying photograph for suitability for entry into the promotion. The Promoter may then, in its absolute discretion, allow the entry and accompanying photograph to appear in any relevant section of the Page. The Promoter reserves the right, at any time, to refuse to accept any entry or remove any entry or accompanying photograph from display that it deems, in its absolute discretion, to be obscene, offensive or inappropriate, or infringing upon the rights of any third party.
9. When an individual submits any materials to the promotion including comments, recordings and images (“Content”), the individual, unless the Promoter advises otherwise, licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Individuals agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
10. Individuals agree that they are fully responsible for the Content they submit and that they hold the copyright and are fully responsible for the images submitted. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. Individuals warrant and agree that: (a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) they will obtain prior consent from any person or property that appears in their Content; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
11. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
12. The Promoter, and its Partners, reserve the right, at any time, to verify the validity of entries and entrants (including an individual’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 or its Partners’ discretion. Failure by the Promoter or its Partners to enforce any of their rights at any stage does not constitute a waiver of those rights.
13. Incomplete, indecipherable or illegible entries will be deemed invalid.
14. Only one (1) entry permitted per entrant and their partner(s).
15. This is a game of skill and chance plays no part in determining the winning couple. Each entry will be individually judged based on the photographic merit of the entry.
16. The judging will take place at the Promoter’s office, Level 3, 21 Oxford Street, Darlinghurst NSW 1300 on 14/04/2016. The judges may select additional reserve entries which they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible entrant couple.
17. The winner will be notified by telephone and email and their name will be announced at the Diversity Expo. The winner will have until 5pm AEST on 30/04/2016 to confirm their acceptance of the prize. If they fail to contact the Promoter by this time, the winner will be disqualified and the Promoter will select a reserve winner, who must also respond in the timeframe as advised by the Promoter. This process will continue until a winner is confirmed by the Promoter. The winner will be announced on starobserver.com.au
18. All decisions of the Promoter and its Partners in respect of any and all aspects of the promotion are final and no correspondence will be entered into.
19. The best valid entry, as determined by the judges, will win two (2) SEIKO Premier Chronograph Model SPC159P RRP – $850
20. Prize, or any unused portion, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
21. As a condition of accepting the prize, the winning partner(s) consents to the Promoter and its Partners using their details and photographs for promotional and media publicity purposes and consents to participate in any publicity arrangements (including interviews) reasonably required by above parties. The winning couple agree to sign any legal documentation as and in the form required by the Promoter and/or its Partner in their absolute discretion, including but not limited to a legal release and indemnity form, in order to give effect to the above.
22. 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, 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 couple; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
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) and its Partner 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 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) and its Partner 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 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 any individual participating in the promotion or the prize.
25. 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 it Partners, agents, contractors, service providers and prize suppliers. 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. Entry is conditional on providing this information. Individuals should direct any request to access, update or correct information to the Promoter or its Partner. All entries become the property of the Promoter.
26. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Individuals understand that they are providing their information to the Promoter and not to Facebook. The information an individual 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. Facebook will not be liable for any loss or damage or personal injury that is suffered or sustained by any person, as a result of participating in the promotion (including taking/use of a prize), except for any liability that cannot be excluded by law.
27. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
40. The Promoter is Gay and Lesbian Publishing Community Ltd trading as SSO Media (ABN 57 03 397 582) of Level 3, 21 Oxford Street, Darlinghurst NSW 1300. Telephone: 1300 500 379.