Conditions of Entry – HB Product of the Year 2009
1. Information on “how to enter” and prizes form part of conditions of entry. Entry into this competition deems acceptance of these terms and conditions.
2. Enter as many product categories as you wish. Each entry must be a separate email submission and sent to productoftheyear2009@pacificmags.com.au with the designer or business name and the name of product in the subject heading. Each email submission(s) must include the answer to the questions posed on the Home Beautiful website in the body of the email together with attached digital images of the product design or works supporting the entry.
3. All product designs or works must be released on the Australian market between 01/07/08 and 31/07/09.
4. Entry is open to all residents of Australia and New Zealand except employees and immediate families of the Promoter, associated companies and agencies and participating outlets. The Promoter is Pacific Magazines Pty Ltd, 35–51 Mitchell Street, McMahons Point, NSW, 2060 (ABN 16 097 410 896).
5. The competition commences on 15/06/09 at 09:00 and all email submissions must be received by 03/08/09 at 17:00 AEST. The finalists will be notified by the 17/08/09 and will consist of the best valid entries selected by the judging panel, having regard to design, innovation and practicality for each respective category at a venue to be advised by the promoter to take place during the week commencing 24/08/09.
6. Finalists must be able to provide a sample of their work(s) for judging and photo shooting at a specified location during the week commencing 24/08/09. Entrants unable to deliver the work(s) to the photo shoot will forfeit their placement for final round judging.
7. Finalists must pay for associated courier, freight, transport and/or insurance costs required for delivery and/or pick-up of their work(s) to and from the photo shoot.
8. The 12 winners will be broken down in the following categories:
• 1 Winner from each of the 10 categories will be selected for possessing the best product,
• 1 overall winner will receive the Product of the Year Award,
• 1 overall winner will receive the title as the Australian Designer of the Year. (Open to Australian residents only)
9. Winner’s names will be published in the Australian Home Beautiful magazine on sale 12/10/09.
10. Winners will be announced on The Morning Show in October 2009.
11. All entries remain the property of the Promoter and cannot be returned. The Promoter reserves the right to publish photographs of winners and their works.
12. 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 the promotion, unless otherwise advised, each entrant also agrees that the Promoter may use this information, or disclose it to other organizations that may use it, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the entrant. Entrants can also gain access to, update or correct any personal information by contacting the Privacy Officer, Pacific Magazines Pty Ltd, 35-51 Mitchell Street, McMahons Point, NSW 2060. All personal information will be securely stored by the Promoter.
13. The Promoter shall not be liable for any loss or damage whatsoever suffered, including but not limited to direct or consequential loss, or personal injury suffered or sustained in connection the Finalists Works whilst participating in this promotion before, during or after the judging at the Location.
14. Finalists agree to grant the Promoter exclusive rights to deal with their Works at the Location for the duration of the Judging Period to prepare it for any judging preparations the Promoter deems necessary to successfully give all Finalists an equal and unbiased opportunity to be judged according to the prescribed criteria.
15. All entrants must submit ONLY their own original answers, designs and works. Any such answers, designs or works cannot be previously published in any forum worldwide. All entries become the property of the Promoter and cannot be returned. Entries that are found to have been derived from the designs of a third party will be considered invalid and, if awarded a prize, that prize must be returned to the Promoter. The winner may be required to sign a statutory declaration regarding the originality of the design. Without limiting the generality, the Promoter reserves the right to take legal action against anyone found to have breached this term. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation are reserved.
16. If for any reason this competition is not capable of running as planned including infection by computer virus, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupts or affect the administration security, fairness, integrity or proper conduct of this promotion, the Promoter, subject to any written directions given under any State or Territory Legislation or Regulations, reserves the right to disqualify any individual who tampers with the entry or judging process, and to cancel, terminate, modify or suspend the promotion. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems of the phone or of any phone network, or any combination thereof, including any injury or damage to participants or any other person’s phone related to or resulting from participation or sending or receiving of any communication or of any materials in this competition.
17. The Promoter reserves the right to request Finalists and Winners to provide proof of identity, proof of residency, proof of age at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a placement in the promotion or 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.
18. 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 resent to the prize winner.
19. 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 Regulation. 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.
20. If the Promoter is unable to contact the winner to claim fulfilment of the promotional prize, that winner will forfeit the prize in its entirety and it shall be awarded to the first runner up in the promotion. A new runner up shall then be judged. The Promoter will not be liable for a winner who cannot be contacted and therefore forfeits their prize and no correspondence will be entered into.
21. The Promoter reserves the right to request winners to provide proof of identity, proof of residency, proof of age 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.
22. The Promoter reserves the right to rejudge in the event of an entrant, claiming to be a winner, being unable to satisfy these Terms and Conditions.
23. The judges’ decision in relation to any aspect of the competition is final and binding on each person who enters. Chance plays no part in determining any winner. 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.
24. All entries and any copyright subsisting in the entries become and remain the property of the Promoter who may publish or cause to be published any of the entries received. If you consent, we would like to contact you for an unlimited period to keep you informed about future products, services and events, until you decide to opt out. Pacific Magazines Pty Ltd and its related entities collects entrant's personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners), and, if you consent, for the purpose of Pacific sending you promotional and direct marketing material in relation to Pacific’s magazines and products and services available through Pacific and its business partners. You may request access to your personal information by writing to The Privacy Officer, Legal Compliance Department, Pacific Magazine’s Pty Ltd, 35-51 Mitchell Street McMahons Point NSW 2060.
25. 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 and the winners (and their companions) will not be entitled to any fee for such use.
26. 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.
27. Winners of any age may be required to provide satisfactory identification and sign a winner’s deed of release or any other relevant forms or agreements that the Promoter deems necessary before a prize can be awarded.
28. The Promoter shall not be liable for any loss or damage whatsoever suffered, including but not limited to direct or consequential loss, or personal injury suffered or sustained during the course of prize winning trips or in connection with the redemption of and/or use of any other prizes. 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.