Terms and Conditions – Practical Parenting's Magical Milestones Promotion in association with TOMY

February 18, 2013, 2:36 pmYahoo!7

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General
1. Information on how to enter and prizes form part of the Terms and Conditions. Entry into this competition deems acceptance of these Terms and Conditions.
2. To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.

3. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to the Promoter and not to Facebook.

Who can enter?
4. Entry is open to all residents of Australia except employees and immediate families of the Promoter, associated companies and agencies and participating outlets. Immediate family means any of the following: spouse, ex-spouse, defacto 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. The Promoter is Pacific Magazines Pty Ltd, 8 Central Ave, Eveleigh NSW 2015 (ABN 16 097 410 896).
5. Entrants may enter only once per child and only one prize will be awarded per person.
6. Entrants into this competition must be 18 years of age or older as at the date of entry.

7. Entrants must have a current Facebook account to be eligible to enter this competition.

How to enter
8. Entrants may enter only once per child. Enter your original submission by:
- Going to Practical Parenting Magazine’s FACEBOOK competition app at
www.pp-magicalmilestones.com.au
- Enter full details as required
9. For successful entry, you must adhere to the following video guidelines:
• Entrants are to declare the “magical moment” in the entry field
• Videos must only include the baby/toddler.
• Videos must not include naked images. Entrant’s child must be at least wearing a nappy
• It is advised that videos are not edited or ‘touched up’ so they can be judged naturally and equally amongst other entries
• You must have permission to enter another baby/toddler by the parent or guardian if the child you are entering is not yours
• The video quality required is suggested to be in high resolution (720pixels to 1080pixels). Avoid filming on mobile phones with low quality as the winning video may be used for Practical Parenting television promotion.

• Videos must be 1 minutes or less in length.

10. Entries must include all requested contact details to be eligible to win. Each entry must be unique and received by the Promoter prior to the competition close date and time.
11. Videos of the entrant must not be older than six months from the date of submission.

12. The age of the entrant must fit within the age bracket of 0-5 years of age as at the closing date of the competition, which is 17/04/13.

When to enter
13. The competition commences on 20/02/13 at 09:00 AEDT and closes on 17/04/13 at 17:00 AEST. The top 10 finalists will be the best valid entries as judged by the judging panel, having regard to skill, creativity and originality, at the Promoter’s premises on 19/04/13 at 11:00 AEST. Finalists will be notified by email on 21/04/13.
14. Public voting for the winner of the top 10 entries will commence on the 22/04/2013 at 09:00 AEST and closes on 05/05/13 at 17:00 AEST.
15. Voting will be restricted to only one vote per day per video.
16. The major prize winner will be the entry that receives the most public votes at the end of the voting period. The major prize winner and runners up, based on the number of votes received at the close of the public voting period, will be judged on 08/05/13 at 11:00 AEST at the promoter’s premises.
17. The Promoter may select additional entries to be used as replacements in the event that the first entrant chosen as a winner cannot satisfy these Terms and Conditions or take a prize.
18. The winners will be notified by mail and their names will be published online at www.practicalparenting.com.au

19. Prizes will be sent within 8 weeks.

Prize on offer
20. Total prize value is (up to) $6861.56, as at 21/01/13. There will be 1 major prize winner and 9 runners up:
i. 1 x One winner will receive a major prize of AU$5000 cheque plus the opportunity to have their entry video featured in the Practical Parenting Milestone Television Commercial

ii. 9 x Nine runners-up may have their entry video featured in the Practical Parenting Milestone Television Commercial and receive a minor prize of Tomy gift pack valued at $206.84 containing:

Boon
Grass Drying Rack - RRP $35.00

Gnaw (Snack attacher/holder) - RRP $12.00

JJ Cole
Nappy Bag - Satchel - RRP $99.95

Hooded Towel Set (With matching Face washer) - RRP $24.53

Lamaze
Play & Grow Plush - RRP $22.41

Peek-a-Boo Clutch Cube - RRP $12.95

Total prize package $ 206.84

21. If the Promoter is unable to contact the winner to claim fulfilment of the promotional prize or if the winner is unable to attend any element of the prize, that winner will forfeit the prize in its entirety and it shall be awarded to the next runner up in the promotion. 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.
22. For any cash prizes your name on your entry must be that of an eligible bank account to which a cheque can be cashed. The Promoter makes all reasonable efforts to send cheques in the names as specified in the original entry. Winning entries with only a family name or reference to a family as the entrant cannot be cashed by banks. If the winner of a cash prize is under 18, the prize will be given to the winners’ parent or guardian on behalf of the winner.
23. Photos/videos that are copyrighted cannot be submitted unless you have permission from the photographer/owner. Photos/videos cannot be returned. By entering the competition entrants agree and understand that their written entries and/or photos/videos may be used for promotional purposes without any further reference, payment or other compensation to the entrant and/or owner of the photograph/video.

24. Each entrant warrants that the photograph/video is a genuine and accurate representation and that the photo/video has been taken within 6 months of the date of submission. The Promoter reserves the right to disqualify any entrant submitting an entry which, in the opinion of the Promoter, includes objectionable content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language. All photographs/video will be reviewed by the Promoter.

Further Terms and Conditions
25. The Promoter reserves the right to amend these Terms and Conditions if this competition cannot be run as originally planned. The Promoter may also cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
26. The Promoter and their associated agencies and companies will not be liable or 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 misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur; whilst undertaking any travel won on or connected with their entry; in the participation in any prize; as a consequence of late, lost or misdirected mail, email SMS or phone call; due to the broadcast of any program relating to the competition or the publication of any material, including any statements made by any compere, staff member, journalist, other entrants or any other person; any injury or damage to entrant's or any other person's computer software or phone; or any combination thereof, related to or resulting from participation or sending or receiving of any communication or of any materials in this competition.
27. 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 entry. 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.
28. 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.
29. 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 re-sent to the prize winner.
30. The Promoter reserves the right to request winners to sign a winner’s deed of release or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency 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.
31. 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.
32. If any impropriety is detected during the public voting process, giving the finalist an unfair advantage over the other finalist, that finalist may be disqualified from winning the major prize at the discretion of the Promoter.

33. 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.

Copyright, Statutory guarantees, Waiver and liability
34. 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. Pacific Magazines Pty Ltd (“Pacific”) and its related entities collects entrants’ 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 its magazines and products and services available through Pacific and its business partners for related purposes which would reasonably be expected without your permission. For example, we may from time to time use your personal information to provide you with information about products and services which we expect may be of interest to you. However, we do respect your right to direct us not to do this if and when any future communication is sent to you by the Promoter. We do not sell personal information to other organisations. We may disclose personal information to essential service providers who provide services in connection with our products and services. You may request access to your personal information by writing to The Privacy Officer, Legal Compliance Department, Pacific Magazines Pty Ltd, 8 Central Ave, Eveleigh NSW 2015.
35. The promoter is entitled to use any of the entries submitted in any manner and for any purpose at its absolute discretion, including using the entries for future marketing, promotional and publicity purposes. The promoter is entitled to amend, edit, select, crop retouch, add or delete from any part of the submitted entry. This includes, but is not limited to, using the finalist entries in any manner for the Practical Parenting Magical Milestones Television Commercial.
36. The Entrant acknowledges that their entry may be published on both the internet and broadcast on the Seven network together with their name.
37. 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, including online social networking sites, and the winners (and their companions) will not be entitled to any fee for such use.
38. 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.
39. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), 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) 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 the promotion.
40. 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); (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 a winner or Entrant; or (f) use of a prize.

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