MEN EXPERT
WIN A GRAND PRIX 2012 EXPERIENCE
COMPETITION TERMS & CONDITIONS
1 Information regarding prizes and how to enter forms part of these conditions. By entering, entrants accept these conditions.
2 Entry is open only to Australian residents aged 18 years of age or over who are able to take the prize between 15/03/12 and 18/03/12 (inclusive). Directors, management and employees (and the immediate families of directors, management and employees) of the Promoter or of the agencies or companies associated with this competition are not eligible to enter.
3 The competition begins on 16/01/12 and closes at 5pm (AEDT) on 29/02/12 (Competition Period).
4 To enter, entrants must during the Competition Period:
(a) purchase any L'Oréal Paris Men Expert product from a participating My Chemist or Chemist Warehouse store (Eligible Purchase);
(b) visit www.lorealmenexpert.com.au and follow the links to the competition page; and
(c) fully complete and submit the online entry form including by entering their full name, email address, telephone number, the last 4 digits of the Eligible Purchase barcode and by answering the following question in 25 words or less: "Which Formula 1 racing driver looks sharp not tired, and why?"
5 Entries must be received by the Promoter during the Competition Period. Entrants may only enter this competition once. Entrants must retain their original receipt to verify entry. Failure to provide this (without alteration) to the Promoter upon request will result in an invalid entry (and, at the Promoter's discretion, in all of the entrant's entries being invalid). Entries are deemed to be received at the time of receipt into the Promoter's database, not time of transmission by an entrant. Entrants who enter using multiple aliases/email addresses may be disqualified. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence due to error, omission, tampering, deletion, theft, communications failure or otherwise. The Promoter has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
6 This competition is in no way sponsored, endorsed, administered by or associated with Facebook. Entrants are providing their information to the Promoter and not to Facebook. Each entrant completely releases Facebook from any and all liability.
7 Entries not fully complying with these conditions of entry may be deemed invalid at the Promoter's discretion. This is a game of skill; chance plays no part in determining the winners. Each valid entry will be individually judged (by representatives of the Promoter) based on, among other things, literary and creative merit. The judges' decisions are final and no correspondence will be entered into.
8 All entries become the property of the Promoter and will not be returned to the entrant. Each "25 words or less" statement must be the entrant's original work. By entering this competition entrants:
(a) consent to the Promoter making copies of or publishing the whole or any part of their entry (including the "25 words or less" statement) and otherwise exploiting the entry and any rights in relation to the entry, to publicise this competition or for any other purposes; and
(b) undertake to the Promoter that their entry is not, and its use by the Promoter will not be, in breach of any third party intellectual property rights.
9 The best four valid entries, as determined by the judges at the end of the Competition Period, will each win a prize. Each prize is a trip for the winner and 1 companion (who must each be 18 years of age or over) to Melbourne to attend the 2012 Formula 1TM Australian Grand Prix. Each prize consists of:
(a) Return economy airfares from the winner's nearest Australian capital city to Melbourne (not included if the winner is from Victoria) for the winner and companion;
(b) 3 nights' 4 star (twin share) accommodation for the winner and companion;
(c) 4 day reserved Fangio Grandstand tickets at the 2012 Formula 1TM Australian Grand Prix for the winner and companion;
(d) Access to the exclusive Advantage Bar on all 4 days for the winner and companion;
(e) Pit Lane Walk Passes to be undertaken on one day between 15/03/11 and 18/03/11 (as determined by the Promoter) for the winner and companion; and
(f) 2012 Formula 1TM Australian Grand Prix Paddock tour on 18/03/12 for the winner and companion.
10 Each prize is valued at up to $4,000 (inc GST), depending on each winners' point of departure.
11 All other costs associated with each prize, including but not limited to any transfer costs, meals, additional taxes, insurance and other ancillary costs are the responsibility of each winner and his/her companion, as incurred. The winners and their respective companions must depart and return at the same time.
12 Flights, accommodation and all other prize inclusions are subject to booking and availability. Each prize must be taken between 15/03/12 and 18/03/12 (inclusive). Flights are not included if a winner resides in Melbourne. All other costs associated with the prizes that are not specified, including but not limited to any meals, additional transfer costs, taxes, insurances, additional spending money and other ancillary costs are the responsibility of each winner and their companions as incurred.
13 All elements of the prizes are subject to any additional terms and conditions specified by the prize supplier/s. The winners and their companions must comply with all directions of the Promoter or any prize supplier.
14 The winners will be notified by phone and in writing. Each prize must be claimed by 5pm (AEDT) on 09/03/12. If the Promoter, after making all reasonable attempts to contact a winner, is unable to contact a winner or a prize is not accepted or claimed by 5pm (AEDT) on 09/03/12, the relevant winner's entry will be deemed invalid and the Promoter will distribute that prize to the next best valid entry that has not already received a prize.
15 Entrants and winners' companions acknowledge that there are inherent risks in some aspects of the prizes and that using the prizes involves participating in dangerous activities. By entering this competition and/or accepting the prizes, entrants and companions accept that risk.
16 In order to participate in the activities awarded as part of the prizes, the winners and their companions must comply with applicable height, weight, health, fitness and any other requirements normally associated with a particular activity. It is each winner's responsibility to ensure that they and their companions are sufficiently healthy and fit so as to safely undertake the activities awarded as part of the prizes. The Promoter reserves the right to deem that a winner or their companions are not sufficiently healthy or fit. The winners must comply with all requirements and directions of the people responsible for the conduct of the relevant activity and must ensure that their companions also comply. Where requested by the Promoter or its representatives, the winners and their companions must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this competition and/or providing the prizes prior to undertaking the activities included in the prizes. If a winner or any of their nominated companions do not sign the indemnity form provided by the Promoter within the time requested by the Promoter, the relevant winner's entry or claim will be deemed invalid.
17 The Promoter is not responsible for any additional expenses incurred by a winner (and their companions) due to change in scheduling of the 2012 Formula 1TM Australian Grand Prix. If any aspect of the 2012 Formula 1TM Australian Grand Prix is abandoned, cancelled or postponed for any reason, other than as set out in the Conditions of Sale of tickets to the event (available at www.grandprix.com.au), the winners and companions forfeit any rights to attend the 2012 Formula 1TM Australian Grand Prix and/or take part in other prize components as applicable, and no cash or alternative tickets will be substituted in lieu.
18 The winners must, at the Promoter's request, participate in all promotional activity (such as publicity and photography) surrounding the winning of any prize, free of charge, and they consent to the Promoter using their name and image in promotional material.
19 The Promoter may require the winners to provide proof of identity, proof of age and proof of residency. Identification considered suitable for verification is at the Promoter's discretion.
20 ENTRANTS ARE REMINDED AND AGREE, ACCEPT AND ACKNOWLEDGE THAT MOTOR RACING, THE 2012 Formula 1TM Australian Grand Prix ("THE EVENT") AND CERTAIN ACTIVITIES ASSOCIATED THEREWITH (INCLUDING, WITHOUT LIMITATION, PARTICIPATION IN THE PRIZE) ARE DANGEROUS AND ACCIDENTS CAN HAPPEN.
Entrants are warned that there is a possibility of an accident causing injury, death or property damage or loss and attendance at the Event and participation in the prize is at entrants' own risk. Entrants acknowledge that the risks associated with attending the Event and participating in the prizes include but are not limited to the risk of suffering harm as a result of cars (or parts of them) colliding with other cars, persons or property. Entrants acknowledge that entry to and remaining at the Event and participating in the prizes has a degree of danger and, to the extent permitted by law (in particular section 32N of the Fair Trading Act 1999 (Vic) and section 68B of the Trade Practices Act 1974 (Cth)), hereby exclude, release and forever discharge the Promoter, the Crown in right of the State of Victoria, the Minister administering the Australian Grands Prix Act 1994 (Vic), the Minister administering the Crown Land (Reserves) Act 1978 (Vic), Fédération Internationale de l'Automobile, Formula One Administration Limited, Formula One Management Limited, Confederation of Australian Motor Sport Limited (CAMS), Parks Victoria, the State Sports Centres Trust, APP Corporation Pty Limited (ACN 003 764 770), Event sponsors and all other persons involved in the organisation, conduct and promotion of the Event or the prizes (Associated Entities) from all liability for present or future claims, loss, damage, costs or expenses arising from any personal injury or death (whether arising from negligence (but excluding gross negligence) or otherwise), arising from or connected with participation in Recreational Services (as defined below) at the Event, including the prizes.
To the extent permitted by law (in particular section 32N of the Fair Trading Act 1999 (Vic) and section 68B of the Trade Practices Act 1974 (Cth)), entrants acknowledge that, to the extent to which they participate at the Event in:
• a sporting activity or similar leisure time pursuit; or
• an activity that:
a) involves a significant degree of physical exertion or physical risk; and
b) is undertaken for the purposes of recreation, enjoyment or leisure,
(Recreational Services),
including, without limitation, participation in the prizes, the Associated Entities do not make any warranty that the Recreational Services at the Event, including the prizes, will be provided with due care and skill or that any materials provided in connection with the Recreational Services, including the prizes, will be fit for the purposes for which they are supplied. Entrants acknowledge that, to the extent that any warranty is implied it is excluded to the full extent permitted by law.
WARNING: If an entrant participates in these activities their right to sue the supplier under the Fair Trading Act 1999 (Vic) if they are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this notice.
NOTE: The change to entrants' rights as set out in this notice, does not apply if their death or injury is due to gross negligence on the supplier's part. "Gross negligence" is defined in the Fair Trading (Recreational Services) Regulations 2004.
For the purpose of this paragraph 20 "the supplier" shall mean and include the Associated Entities.
Without limiting any other release or limitation of liability contained in the Conditions, the Associated Entities will not be liable for any indirect or consequential loss suffered by any entrant caused by any acts or omissions of the Associated Entities, their directors, employees, agents and contractors arising out of or in relation to the Event or the prizes.
Nothing in this paragraph 20 or these Conditions generally affects entrants' rights under the Competition and Consumer Act 2010 (Cth), Fair Trading Act 1999 (Vic) or similar legislation regarding implied conditions and warranties to the extent that such implied conditions and warranties cannot be excluded by law.
21 The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this competition by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the competition or acts in violation of these conditions, acts in a disruptive manner or acts with the intent or effect of annoying, abusing, threatening or harassing any other person. The Promoter may in its absolute discretion cancel a prize or otherwise cease to provide any benefit of a prize to a winner (and their companion) if the applicable winner (or their companion), in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate or the agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate.
22 The prizes are not transferable or exchangeable and cannot be redeemed for cash. If for any reason a winner does not take an element of a prize at the time stipulated by the Promoter then that element of that prize will be forfeited by the winner and cash will not be supplied in lieu of that element of the prize. The Promoter accepts no responsibility for any variation in prize value. If a prize or any element of a prize is unavailable for any reason, the Promoter may substitute for that prize or element of the prize another item of equal or higher value as determined by the Promoter.
23 The Promoter and its associated agencies and 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, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
24 Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage or delay in transit to prizes.
25 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, or invalidate any affected entries.
26 The Promoter is not liable for any tax implications arising from prize winnings. Independent financial advice should be sought. Where this competition involves, for GST purposes, supplies being made for non-monetary consideration, entrants will 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.
27 The information entrants provide will only be used by the Promoter for the purpose of conducting this competition. The Promoter may disclose entrants' personal information to its contractors and agents to assist in conducting this competition or communicating with entrants. If the entrant has marked the "opt-in" box on the online entry form, the entrant consents to the storage of their personal information on the Promoter's database and the Promoter may use this information for future promotional and marketing purposes regarding the Promoter's products including contacting the entrant via electronic messaging. 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 the Promoter at the address below.
28 The Promoter is L'Oréal Australia Pty Ltd (ABN 40 004 191 673), 564 St Kilda Road, Melbourne VIC 3004.
