July 2009 subscription promotion terms and conditions

1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to residents of Australia aged 18 years and over who subscribe (or renew their existing subscription) to Australian NetGuide between 10/06/09 and 07/07/09 (for a minimum period of 12 months). Employees of the Promoter (and their immediate families), and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto 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 first cousin.
3. Entry is automatic upon and subject to the processing of a valid credit card payment, or, if payment is made by cheque, the cheque must be cleared for payment. Subscriptions are to be submitted by sending to Australian NetGuide, Reply Paid 3357, Sydney 2001; or by calling 136 116; or via the internet at www.netguide.magshop.com.au. Only one entry per subscription is permitted. This offer is not valid in conjunction with any other offer. The entrant will be deemed to be the person who is nominated at the time of payment to receive the subscription. If the subscription is a gift, only the gift recipient will be entered into the draw to win. Prize will be awarded to the subscriber at the delivery address stipulated on their subscription.
4. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
5. Incomplete, indecipherable, inaudible or illegible subscription requests will be deemed invalid to receive an entry.
6. By subscribing to this ACP Magazines Ltd magazine title you acknowledge that you understand that ‘tip ons’ and gifts that may be available with non-subscriber copies may not be provided with subscriber copies, depending on the sole discretion of ACP Magazines Ltd.
7. Promotional period commences 10/06/2009 and closes 23:59 AEST on 07/07/2009. The draw will take place at 11:00 AEST at 54-58 Park Street, Sydney NSW 2000, on 22/07/2009. The winners will be notified by mail (using contact details provided in the subscription), and their names will be published in The Australian on 30/7/2009. Promoters’ decision is final and no correspondence will be entered into.
8. The first 25 valid entries drawn from all entries received will each win Family Historian from Mindscape, worth $99.95 each. Prizes do not include any ancillary costs associated with redeeming this prize. These are the responsibility of the winner. Total prize pool is $2498.75. Prizes are not transferable or exchangeable and cannot be taken as cash.
9. If any prize is unavailable (or part of any prize), the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
10. A draw for any unclaimed prizes may take place on 23/10/2009 at the same time and place as the original draw, subject to reference to all relevant rules and regulations and any directions from a regulatory authority. The winners will be notified by mail (using contact details provided in the subscription) and their name will be published in The Australian on 28/10/2009.
11. Except for any liability that cannot be excluded by law, the Promoter (including its 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, including, but not limited to, where arising out of the following: (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; (f) redemption of a prize and/or (g) participation in the promotion.
12. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
13. 13 call cost will not exceed 55c. Calls from payphones and mobile phones may attract a higher rate.
14. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to (a) disqualify any entrant; and/or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
15. All entries become the property of the Promoter. The collection, use and disclosure of personal information provided in connection with this offer is governed by the Privacy Notice (see Contents Page for location in this issue).
16. The Promoter is ACP Magazines Ltd (ABN 18 053 273 546) of 54 – 58 Park Street, Sydney, NSW 2000.
17. Authorised under NSW Permit No: LTPS/09/03451, ACT permit No: TP09/01532.