This Terms and Conditions document includes the rules and guidelines that users must agree in order to use this website and enter the competition.
1) Definitions and specific words used in this document
a) “Competition”, “contest”, “game of skill” are either used to caracterize this competition.
b) The company who organises this game of skill: “the Promoter”.
c) A person who meets all the requirements defined by the Promoter in order to entry: “Eligible Person”.
d) The period during which the Eligible Persons are able to participate:”Competition period”
e) A person who submits his entry (either male or female): “the Entrant”.
f) An entry who meets all the requirements set up by the Promoter: “Valid Entry; Valid Entrant”.
g) The Selection organised by the Promoter in order to select the Winner of this game of skill: “the Selection”.
h) The person who is selected as the best Entrant: “the Winner”.
i) A person who meets all the requirements set up by the Promoter to be awarded and who has claimed the prize: “Valid Winner”.
j) The companies who advertise on this game of skill: “the Partners”, “the Sponsors”
k) The description made by the Entrant, on which the competition is based: “the Works”.
l) The currency used in this document and in the competition is the Australian Dollar, mentionned with the symbol “$” or “Aud”.
a) The Promoter is the company Audience Serv PTE. Ltd.,101 Upper Cross Street, #04-51A People’s Park Centre, Singapore 058357, Co. Reg. No. 201710957W.
b) Use the following form to contact us: http://www.keepfingerscrossed.com/contact
c) Every Entrant declares being aware and accepting this Terms and Conditions.
d) Date and hours mentionned in this Terms and Conditions document are based on Sydney (NSW, Australia) time.
e) The name of this competition is “KeepFingersCrossed Prime 16”.
3) Conditions of entry
a) Entry is open to residants of Australia who are aged 18 years old or more, with a connexion to the internet and a valid email adress held and used by the Entrant.
b) The only way to paticipate is to fill in and validate the contest’s form directly on the website or on one of the websites of the list accessible here http://kfcprime16.gos.keepfingerscrossed.com. Any other way of entry will not be considered. This websites have different designs or prizes for advertising purposes, but the competition is still the same: “KeepFingersCrossed Prime 16”.
c) The Promoter reserves the right, at any time, to validate and check the authenticity of entries and Entrant’s details (including Entrant’s identity, age and place of residence), and it’s up to the Entrant to supply the proof. Any entry that is made on behalf of an Entrant or by a third party will be invalid. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an Entrant’s entry.
d) This game of skill is involving the Entrant in several participation steps who has to be completed in order to the entry beeing taken into account. Each Entrant must fill in or fill out the electronic form providing the following mandatory informations: gender, first & last name, email, street and postcode, city, state, date of birth, phone number, and his Works in English language on which the competition is based. The Promoter will not consider for the Selection an incomplete entry. No entry will be considered as a potential Valid Entry in the event of the Entrant fails to provide one or more of these mandatory informations.
f) Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the Entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
g) If an Entrant submits multiple entries, only the first one will be taken into account by the Promoter. In case of multiple entries, the Entrant has the right to inform the Promoter the entry he wants to retain for the competition, and any other entry recorded before or after that selected entry will be automatically cancelled and kicked out of the competition.This possibility can only be used once.
h) The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms and Conditions.
i) Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010.
4) Excluded entries
a) An entry will be not be considered as a Valid Entry in the following cases (non-exhaustive list): if an Entrant submits multiple entries using different email adresses, uses a false or misleading identity, or fills wrong informations to the entry form, or incomplete informations (see list on 3d).
b) The Promoter may requires the Entrant to justifiy the veracity of the informations the Entrant has supplied, and may consider not Valid the entry of an Entrant who would refuses to justify these informations.
c) Every Entrant selected as a Winner who has submitted a non-Valid Entry will have his potential award being automatically cancelled. A partcipant can only participate once and doesn’t increase his chance of winning by sending multiple entries.
d) Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter’s discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
e) Works must be original and created by the Entrant himself. Any third party copy or anything that can be considered as plagiarism is strictly prohibited and will not be considered as a valid entry.
f) Directors, management, employees, officers and contractors (and their immediate families) of the Promoter, participating venues, agencies or companies associated with this competition and distributors, suppliers and associated companies and agencies are not eligible to enter. “Immediate families” means spouse, partner, 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, officer or contractor.
5) Cost of participation
a) Participation to this game of skill is free.
b) There’s no additional cost to the Entrant to register other than the cost paid by the Entrant to access the website via the internet service provider.
c) Entrants are responsible for any cost associated with accessing the promotional website . Access to that site is dependent on the internet service provider.
a) The total value of the awarded prize is the value of the prize mentionned in this competition.
b) The Winner will be asked choosing one of the following options:
Option 1: to receive the prize for which he competes for (the prize promoted in the competition)
Option 2: Choosing one prize among prizes available on this list: http://kfcprime16.gos.keepfingerscrossed.com/dotation.html
Option 3: A cheque or a bank account transfer, which can’t exceed the value of the most expensive prize available in the list, based on the prices mentionned in the list: http://kfcprime16.gos.keepfingerscrossed.com/dotation.html
a) In case the winner choose an option with a cheque or a bank account transfer, the Promoter will proceed respectively by sending a cheque to Valid Winner’s adress (the Valid Winner will need to confirm to the Promoter his adress by email) or by transfer on his personnal bank account (the Valid Winner will need to provide to The Promoter his bank account details).
b) The Promoter is in charge of the price awarding process, including the Selection.
c) If a prize (or portion of a prize) is unavailable, the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification.
d) If a prize is provided to the Promoter by a third party, the prize is subject to the Terms and Conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Terms and Conditions or otherwise.
e) The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
f) The Promoter accepts no responsibility for any tax implications and the Entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
g) The prize list will be updated during the competition. Some prizes might be added, but not removed.
h) In case the winner choose a prize which has a lower price compared to the price of the prize promoted in the competition he entered, the winner can’t not claim any refund or receiving a compensation from the company.
a) A Winner will be selected among all Valid Entries. The Winner will be decided base on the quality of his Works. The Entrant as no way to modify his Works once he validates his entry.
b) The Winner is determined by skill and merit. Chance plays no part in determining the Winners.
c) The Promoter is the judge and will decide which Entrant is the Winner. The Selection which select a Winner among the Entrants will take place in Sydney at the date: see 10)
d) A winning Entrant does not need to be present during the Selection to claim a prize.
e) If any particular Selection is scheduled on a public holiday or on a weekend, the Selection will be conducted at the same time and location on the following business day.
a) The Winner will be notified via the email he provided while entering within two business days following the Selection. All reasonable attempts will be made to contact each Winner during three months. No re-Selection will be conduct in case the winner doesn’t claim the prize or if it occurs the Winner submitted a non-Valid Entry
b) The Winner will be considered as an Valid Winner when he claims the prize and when is entry is checked as valid.
c) For the purposes of public statements and advertisements, the Promoter may only publish the Winner’s surname, initials, State, and Works on the website www.keepfingerscrossed.com for an undefined period.
d) Depending on Winner’s choosen option, Winner will be asked to provide whether an Australian adress in order to receive the prize, or his Australian or bank account details in order to receive the payment. Any fail providing these information within 3 months after the Selection will lead the Promoter to consider the Winner as a non-Eligible Person.
e) The Promoter reserves the right to ask any additional details to the Winner. In the event that a Winner cannot provide suitable proof, the Winner will forfeit the prize in whole and no substitute will be offered and no re-Selection will be conducted.
f) As in any competition, this competition can only have one single winner, and so the Promoter will not conduct a re-Selection if for example (non-exhaustive list): if the Winner didn’t claim the prize 3 months after the first contact attempt made by the Promoter, if the Winner is not an Eligible Person or if his submission is not Valid, if the Winner isn’t not able to justifiy the information to provide a valid delivery adress or bank account details, if the Winner refuses to being awarded.
Competition Period: September 1st 2017 - August 31st 2018
Selection: September 3rd 2018
Winner’s notification: two business days after the Selection
Winner’s publication: seven days after the Selection
Claiming period: first 3 months after the Selection
a) If for any reason any aspect of this competition is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition and invalidate any affected entries, subject to state or territory regulation.
b) In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these Terms and Conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation.
c) The Promoter and its associated agencies, sponsors, partners, or companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
d) Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
12) Personnal Data
a) Entrants’ personal informations will be collected by the Promoter and the Promoter may use this informations for future competitions or promotionals, research and marketing purposes, including contacting the Entrant electronically, by SMS, or phone call.
d) Should an Entrant’s contact details change during the competition period, it is the Entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
e) The Promoter acknowledges that the Entrant may own intellectual property rights (including copyright) in any material created or otherwise submitted to the Promoter in connection with the Entrant’s entry or participation in any aspect of the prize (Works). The Entrant hereby grants the Promoter a non-exclusive, irrevocable, perpetual, worldwide licence to use the Works (including modifying, adapting or publishing the Aorks, whether in original or modified form, in whole or in part or not at all). The Entrant acknowledges and agrees that neither the Entrant nor any third party shall be entitled to any fee, royalty or other consideration in respect of such licence. If the Entrant holds, now, or at any time in the future, any so called “droit moral” or moral rights in connection with the Works, the Entrant unconditionally and irrevocably consents, for the benefit of the Promoter and all of its assignees, licensees and sublicensees to material alterations to the Works (including, without limitation, any copying, editing, adding to, taking from, adapting and/or translating the Works, in any manner or context) for any purpose, notwithstanding that such conduct may amount to derogatory treatment of the Anwser for the purposes of the Copyright Act 1968 (Cth).
f) All entries become the property of The Promoter (with the exception of any intellectual property rights comprised therein). All opt-in entries will be entered into a database and The Promoter may use the Entrant’s names, email, addresses and telephone numbers for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the Entrant. By opting-in, Entrants confirm that they allow their details to be used for this purpose. If Entrants no longer consent to their details being used for future marketing purposes by the Promoter, the Entrant should contact The Promoter on their details set out below. Any request to update, modify or delete the Entrant’s details should be directed to The Promoter.