Terms and Conditions
Diabetic Living Terms and Conditions - ‘You Tell Us’ section
1. Information on how to enter and ‘prizes’ form part of these Terms and Conditions. By submitting an entry and any other material (“Entry”) to Diabetic Living’s ‘You Tell Us’ section, you are agreeing to these Terms and Conditions.
2. Each Entry submitted relating to the question posed on the ‘You Tell Us’ section must be a unique and original submission. Entries must be posted to the address displayed in the ‘You Tell us’ section or emailed to email@example.com. If submitting an Entry via mail the Promoter encourages entrants to clearly write on their envelope the full name and address displayed for ease of processing by Australia Post.
3. Entry is open to all residents of Australia and New Zealand. Employees and immediate families of the Promoter, associated companies and agencies and participating outlets are ineligible to enter. Immediate family means any of the following: spouse, ex spouse, defacto spouse, child or stepchild (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or 1st cousin. The Promoter is Pacific Magazines Pty Ltd, 8 Central Ave, Eveleigh NSW 2015 (ABN 16 097 410 896).
4. Entries will be eligible for publication in an issue of Diabetic Living magazine in Australia if the Promoter receives them by the date specified in the ‘You Tell Us’ section of the immediately prior issue. Prizes will only be awarded for those issues of Diabetic Living magazine that offer a prize or prizes. The best Entry/Entries will be determined by the Promoter each issue having regard to creativity and originality of the Entry/Entries submitted.
5. Winners of any prizes will be notified by phone, email or mail and their names and letters may be published in a subsequent issue of Diabetic Living magazine.
6. All Entries submitted to Diabetic Living’s ‘You Tell Us’ section may be published in part or whole (whether or not any prize is awarded). Publication of an Entry does not indicate that an Entry is a winning submission and does not entitle an entrant to any prize or other form of consideration. Entries may be altered in any way by the Promoter without prior notice to an entrant. By submitting an Entry to the ‘You Tell Us’ section of Diabetic Living magazine, an entrant expresses consent to such publication and/or alteration of their Entry.
7. Any prize will be sent within 8 weeks of the Promoter’s decision to award that prize.
8. All entrants under the age of 18 must obtain the prior permission of their legal parent or guardian over the age of 18 to enter. The parent or guardian may be called to verify consent and may be required to sign a release at the discretion of the Promoter.
9. All Mail Entries must be able to be posted to and received at the post office box address supplied. No hand delivered or bulky submissions will be accepted at the Promoter’s premises, unless otherwise stated herein. Mail submissions that contain any objects that have not been requested by the Promoter (such as backing cards or excess paper) will
not be accepted. Any Entries that do not follow these requirements will be invalid and
will not be accepted by the Promoter or its agents. The Promoter and its agents take no responsibility whatsoever for any Entries that do not follow these prescribed guidelines.
The Promoter advises entrants not to send Entries to the Promoter’s street address as these may be declared invalid by the Promoter (in its absolute discretion).
10. The Promoter reserves the right to amend these Terms and Conditions from time to time by posting them on this website. The Promoter may also cancel or suspend all or any aspect of any promotion if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of it. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of the activities described in these Terms and Conditions.
11. All entrants must submit ONLY their own original submissions. Any such submissions cannot be previously published in any forum worldwide. All submissions become the property of the Promoter and cannot be returned. Submissions that are found to have been derived from the work 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 and ownership of the Entry. Without limiting the generality, the Promoter reserves the right to take legal action against anyone found to have breached this clause. 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. The Promoter’s legal rights to recover damages or other compensation are reserved.
12. As a condition of submitting an Entry, each entrant irrevocably grants to the Promoter a non-exclusive perpetual worldwide licence to use and exploit all Intellectual Property
Rights including, without limitation, copyright in and to the their Entry and consents to
the Promoter doing (or omitting to do) any acts in respect of the Entry which may otherwise constitute an infringement of the entrant’s moral rights. Each entrant must,
upon request by the Promoter, execute all documents and perform all acts necessary to vest all Intellectual Property Rights in their Entry in the Promoter. Each entrant expressly consents pursuant to Part IX of the Copyright Act 1968 (Commonwealth) to the Promoter having an unfettered right to treat an entrant’s Entry in any manner at its sole discretion, to alter the Entry in any manner and to the Promoter not attributing authorship of the Entry to the winner.
13. If a 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 relevant legal requirements. 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.
14. The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential prize delivery. Any prizes will be sent by registered mail to the address provided by the winning entrant. The Promoter will not be liable or responsible for prizes dispatched but not received by the recipient.
15. Any decision made by the judge/s 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.
17. By accepting or participating in any prize, the winner/s agree to participate and co-operate as required in all editorial activities relating to their Entry, including but not limited to being interviewed and photographed. The winner/s (and their companions) agree to grant 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 winner/s (and their companions) will not be entitled to any fee for such use.
18. 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.
19. Nothing in these Terms and Conditions limit, excludes or modifies 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 and any other circumstances or matter related to the ‘You Tell Us’ section (or any of them).
20. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and its associated companies and the agencies used in any promotion (including their respective officers, employees and agents) are not responsible for and exclude 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 or communication 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 misadventure, accident, loss or damage that may occur in the awarding of a prize or the taking of the prize by a winner (including while taking any travel); (f) any injury or damage to an entrant’s (or any other person’s) computing system or phone (or both) related to or resulting from participation or from sending or receiving any communications or any materials in a competition; (g) any tax liability incurred by a winner or Entrant; or (h) use of a prize.
Information on the Website
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Limitation of liability
Except as expressly set forth herein, you expressly acknowledge that the Website is provided ‘as is’ and any download of or use by you of the Website is at your own risk.
To the maximum extent permitted by law, in no event will Pacific or its Associated Entities nor its third party licensors be liable for any loss or damage, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Website, any linked site, the downloading of any software or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Pacific or its Associated Entities are advised of the possibility of such damages, losses or expenses.
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To the maximum extent permitted by law, all other terms, conditions and warranties, whether express or implied are expressly excluded. To the maximum extent permitted by law, liability under any condition or warranty which cannot be legally excluded is limited at Pacific's option to replacement or resupply of goods or services or payment for the same.
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