Legals

Leah Jay Holiday Giveaway Terms and Conditions

1. This holiday giveaway promotion (Promotion) is run by Morplea Pty Ltd T/As Leah Jay, ABN 31 069 994 921 of Suite 1, 74 – 84 Tudor Street, Hamilton NSW 2303 (Promoter).
2. The Promoter’s telephone number is (02) 4965 3153
3. All information on how to enter the Promotion, including any information contained on an entry form or advertisement in respect of the Promotion forms part of these conditions of entry. Participation in the Promotion constitutes acceptance of these conditions of entry.
4. Entry to the Promotion is open to all persons who are Eligible Entrants. An Eligible Entrant is person who is 18 years or older, resides in Australia, who is able to use the prize before 31^st January 2012 and who fulfills the entry requirements specified in these conditions of entry. Directors, management, employees, trade customers, officers and contractors (and their immediate families) of the Promoter or any of the agencies or companies associated with the Promoter are not Eligible Entrants. For the purposes of this clause, “immediate families” means any spouse, parent, guardian, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, trade customer, officer or contractor.
5. The Promotion begins on 27^th June 2011and closes 11:55pm (Sydney time) on 7^th August 2011 (Promotion Period).
6. Entry to the Promotion can only be made by the internet. No other method of entry (including without limitation mail) will be accepted by the promoter. Any entry received other than via the internet will be deemed invalid.
7. To enter the promotion, the Eligible Entrant must go to the Leah Jay website at www.leahjay.com.au (Promotion Website), follow the instructions to locate the ‘mystery property’, and complete and submit the online entry form. All entry forms must include the Eligible Entrant’s name, email address, daytime telephone number and answers to mandatory questions.
8. Any costs associated with the Eligible Entrant accessing the Promotion Website will be the responsibility of the Eligible Entrant. These costs may vary and depend upon the internet service provider used by the Eligible Entrant.
9. Multiple entries are not permitted.
10. All entries which are received outside the Promotion Period or which are incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected will be deemed invalid. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
11. The prize draw will be conducted at 10am (Sydney time) on 8th August 2011 at Suite 1, 74-84 Tudor Street, Hamilton NSW 2303.
12. The winner will be notified by telephone and email. The name and state of residence of the winner will be published in the Newcastle Herald on 10^th August 2011. The Promoter may also publish the name and state or territory of residence of the winner on its website or in a trade publication. By entering the Promotion, each entrant requests that his or her full address not be published.
13. The first valid entry randomly drawn will win the prize. The prize is an ‘Indulge the Senses Package’ gift voucher at the Wolgan Valley Resort to the value of $5,030.00. This voucher will be supplied to the winner and will be redeemable at Wolgan Valley Resort. The prize is to be used before 28^th February 2012.
14. Subject to clause 23 and the Promoter being able to contact the winner, the winner must confirm their availability to use the prize before 28^th February 2012 by 5.00pm (Sydney time) 31^st August 2011. In the event that the winner is unable to use the prize before 28^th February 2012, or has not confirmed their availability to use the prize before 28^th February 2012 by 5:00pm (Sydney time) on 31^st August 2011, then the winner’s entry will be deemed to be invalid and the Promoter reserves the right to conduct further draws at 10am on 1^st September 2011 at the same location as the original draw to distribute the prize, if permitted by relevant legislation.
15. The winners acceptance of the prize is conditional on the winner complying with all of the conditions specified in these conditions of entry.
16. If a winning entry or the winner is deemed not to comply with these conditions of entry, the entry will be deemed an invalid entry and a new winner of the prize will be determined by drawing a further valid entry.
17. The prize does not include, and the winner will be responsible for:
    1. Ensuring that all necessary documentation and clearances to travel are obtained (including valid passports and required visas);
    2. Any costs associated with cancelling, changing or amending the accommodation bookings; and
    3. All spending money, meals, taxes, insurances (including travel insurance), additional transfers and all other ancillary costs, including any costs with passports, visas and transport, including transport from the winner’s place of residence to Wolgan Valley Resort.
18. The prize winner and participants agree to comply with any reasonable directions or guidelines notified to them by the Promoter or its agents. The prize is subject to booking availability and must be taken to coincide with the dates specified by the promoter. No extension will be permitted. Any alterations to confirmed prize details will be at the expense of the winner and will only be permitted with the Promoter’s prior written consent.
19. At the Promoter’s request, the winner must participate in all promotional activities (such as publicity and photography) surrounding the winning of the prize, free of charge, and the winner consents to the Promoter using its name and image in promotional material.
20. The Promoter may require entrants to validate its entry in the Promotion at any time during the Promotion before the entrant is eligible to claim the prize. The Promoter may require the winner to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of compliance with any other eligibility or entry criteria. Identification considered suitable for verification is at the Promoter’s discretion.
21. The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in the Promotion by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the Promotion or acts in violation of these conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
22. The judges’ decision is final and no correspondence will be entered into.
23. Subject to any direction from any relevant state or territory regulatory authority, if the prize is unclaimed or the winner cannot be contacted a re-draw will take place on 5^th September 2011 at the same time and place as the original draw. The name of the new winner will be published in the Newcastle Herald on 7^th September 2011.
24. Failure by the Promoter to exercise or enforce in full or part any of its rights at any time does not constitute a waiver of that right or any other rights that the Promoter has.
25. The Eligible Entrant hereby unconditionally and irrevocably waives and releases and holds harmless the Promoter and its respective subsidiaries or associated companies and its shareholders, officers, employees, agents, trade customers contractors and partners and any other organisation or person associated with or connected with this Promotion including in each case its successors and/or assigns, from and against any and all cause(s) of action, proceedings, claims, demands, losses, injuries, liabilities, damages, fees, costs or expenses of any nature whatsoever, (including, without limitation, indirect, special or consequential loss or loss of profits), whether accrued, absolute, contingent or otherwise, including (without limitation) personal injury, death or disability to the entrant or damage to their property or loss of any kind which is suffered or sustained (whether or not arising from any person’s negligence) by them directly or indirectly as a result of, attributable to or in connection with their involvement in the Promotion or accepting or using a prize, except that nothing herein is intended to limit or exclude (nor shall it in any way limit or exclude) any liability which cannot be limited or excluded by law (in which any case that liability is limited or excluded only to the extent permitted by law).
26. The prize is not transferrable or exchangeable and cannot be redeemed for cash or any other form of compensation. In the event for any reason a prize winner does not take an element of the prize at the time stipulated by the Promoter, then that element of the prize will be forfeited by the winner and neither cash nor any other form of compensation will be supplied in lieu of that element of the prize. The value of the prize is accurate as at the commencement of the Promotion. The Promoter accepts no responsibility for any variation in the value of the prize after that date. If for any reason the prize is not available, the Promoter reserves the right to substitute another item for it, in its sole discretion, of equal or higher value, subject to the approval of the gaming authorities in each state and territory, where relevant.
27. If for any reason any aspect of the Promotion is not capable of running as planned, including by reason of infection by computer virus, mobile network failure, bugs, tampering, unauthorized intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to the approval of the gaming authorities in each state and territory, where required.
28. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of the Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
29. All entries will be the property of the Promoter. The information entrants provide will be used by the Promoter for the purposes of collection as set out in the Promoter’s privacy policy which is available on the Promoters Website. The Promoter may disclose entrant’s personal information to its contractors and agents to assist in conducting the Promotion or communicating with entrant’s and to State and Territory lottery departments and winner’s names may be published as required under the relevant legislation. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Entrants can request access to the personal information the Promoter holds about them by contacting Leah Jay on (02) 4965 3153.

  30.   Authorised under NSW Permit No. LTPS/11/04704