General Terms and Conditions for Planners Avenue Competitions
We encourage you to carefully review the individual competition requirements and details (“Competition Rules”) for each competition before registering or submitting an entry since each competition may have unique eligibility requirements, methods of entry, content and technical requirements.
All our competitions are skill-based and are governed by these Competition Terms as well as the specific Competition Rules. If there are any inconsistencies between the clauses in these Competition Terms and the specific Competition Rules, these Competition Terms will govern.
A person who enters a Competition will be bound by these terms and conditions as varied from time to time as well as the Competition Rules for that Competition.
You are required to read the Competition Rules for each competition before you participate. Please read these terms and conditions as well as the Competition Rules for that Competition carefully.
To the extent of any inconsistency, the Competition Rules for a Competition will prevail over these terms and conditions.
Planners Avenue reserves the right to vary these terms and conditions at any time and without notice. Please check these terms and conditions on the Competition Page at regular intervals for any changes.
Eligibility for entry into Competition
Competitions are open to all residents of Australia except officers, employees, suppliers, retailers and contractors of Planners Avenue and its related bodies corporate and members of the immediate families of such persons.
You must be over the age of 18 years of age at the time of lodging your Entry Content in any competition and a legal resident of Australia.
Entries
To enter the promotion, eligible entrants must comply with entry terms and conditions contained in the Competition Rules and the Competition Terms during the Competition Period.
Entry into any competition constitutes acceptance of Competition Rules and Competition Terms.
All Entry Content must be original, unique and belong solely to you.
By entering any of our competitions, displaying, publishing, or otherwise posting any Entry Content on or through our website, you hereby grant to us a perpetual, irrevocable, royalty free, worldwide license to use, adapt, publicly display, sublicense, modify, create derivative works and distribute such Entry Content without the requirement to make payment to you or any third party or the need to seek any third-party permission.
Entry details will be used for the purposes of the competition and may be used for further marketing activities. The winners agree to the use of their name, image and photograph(s) for publicity and promotional purposes, without compensation.
All entries will be judged based on literary and creative merit as well as originality. In the event that the Entry Content is not unique, original and/or if we have reason to believe it is not owned by you, we reserve the right, in our sole and absolute discretion, to remove your Entry Content from the competition and you forfeit the right any prize or compensation.
An eligible entrant may enter the competition by submitting their details and Entry Content in the manner outlined in the Competition Rules. Entry may be dependent on the Entrant subscribing to www.plannersavenue.com email newsletters, a Facebook ‘like’ or other requirement as specified in the individual Competition Rules.
Only one entry permitted per person.
We reserve the right to disqualify any Entry Content or Entrants that we believe have an unfair advantage or if we feel the entry submission may not be original, unique, or may breach any legislation, regulation or any of our terms. We have the sole and absolute discretion to disqualify and terminate an Entrant from any further and future competitions for breach of any of the Competition Rules and/or Competition Terms at any time.
Any entry for a Competition which Planners Avenue determines is incomplete, illegible or incomprehensible, or fails to meet the requirements for that entry under these terms and conditions or the Competition Rules for the Competition, will be rejected. Although Planners Avenue will endeavour to notify any Entrant whose entry is rejected, Planners Avenue will not be responsible for failing to provide such notice.
Entries must not contain any information, images or other material:
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that is inaccurate or misleading or deceptive in any material respect;
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in respect of which a third party holds the Intellectual Property Rights where the Entrant has not obtained all necessary consents to copy, disclose, distribute, incorporate or otherwise use the material for the Competition and to grant to Planners Avenue the licences in respect of that material set out in these terms and conditions and the Competition Rules for the Competition
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that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in Australia
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that is harmful in nature including computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data
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that may be used in connection with spamming, spimming, phishing, trolling or similar activities.
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Entries must not contain any images of another person without that person's permission (or in the case of a minor, the minor's parent or legal guardian).
Planners Avenue will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person contravening the above requirements.
Verification
Planners Avenue may require an Entrant to provide proof of the Entrant's identity, age, residency or other qualification for entry into a Competition to Planners Avenue's satisfaction.
Prizes
The description of the Prizes and number of Prizes (prize pool) to be awarded for a Competition is as set out in the Competition Rules for the Competition.
Prizes are subject to availability. Planners Avenue makes no guarantee that a Prize for a Competition will correspond with its description in the Competition Rules for the Competition and reserves the right to substitute a Prize for an item of equal or higher value or for store credit.
Planners Avenue makes no warranty or representation in connection with any Prizes as to the value, quality, suitability for any purpose, dimensions or other property or attribute of the Prize. Any element of a prize that is unused will be forfeited. The prize values are stated in Australian dollars as at the time of publication of the competition.
Prizes will be awarded or delivered to winners, or made available for collection by Winners, as set out in the Competition Rules for the Competition.
Winners are required to pay for any shipping, handling, taxes or any ancillary costs associated with the prize, where stated in any Competition Rules.
If the prize is not claimed or winner does not respond or claim the prize by time specified in notification or in competition terms, the right to the prize is forfeited. We then reserve the right to give the prize to the next winning entry or not award the prize at all as we determine.
The judges’ decision is final and binding. No correspondence or discussions will be entered into about the winner or individual entries.
Tickets and vouchers as Prizes
Where the Prize is a ticket, the ticket will be valid for the date or period indicated on the ticket and will be subject to the terms and conditions determined by the vendor of the ticket.
Winning entries
All valid entries for a Competition will be judged and the Winners determined in accordance with the Competition Rules for the Competition. Planners Avenue's determination of the Winners will be final and binding on all Entrants.
The winning Entrants will be notified of their win in accordance with the Competition Rules and by the information provided by the Entrant using the contact details submitted with their entries.
Planners Avenue may also publish the winning Entrants' details in any Planners Avenue newsletter, on the Planners Avenue Website, by email or other social media.
Minors
Where the winner of a Competition is under the age of 18 years, Planners Avenue may award the Prize to the winner's parent or guardian or may require the winner to be accompanied by the winner's parent or guardian when the Prize is awarded.
No transfer or exchange
Prizes are not transferrable and cannot be exchanged or redeemed for cash.
Social Media
From time to time, we may use social media such as Facebook and Twitter to advertise or promote our website and competitions. Entrants acknowledge that all Entry Content that may be posted on Facebook must be in accordance with Facebook terms.
Entry and continued participation in any competition is dependent on Entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities.
Where the Competition is promoted on Facebook, or any information, images or other content in respect of the Competition is posted on Facebook, such information, images and content is collected by Planners Avenue and not by Facebook. In addition, the Entrants:
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acknowledge that the Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook
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completely release Facebook in respect of all liability arising from the Competition.
The information an Entrant provides will only be used for the purposes outlined in these Condition Terms and any Condition Rules. Any questions, comments or complaints about any competition must be directed to us and not to Facebook.
Entrants acknowledge that all Entry Content published on Twitter must be in accordance with Twitter Rules.
Promotion
All Entrants must at their own cost comply with all reasonable requests by Planners Avenue for the participation of Entrants in promotional activities in respect of the Competition. All Entrants consent to:
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their name being used in promotional material in connection with the Competition
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being filmed, photographed or otherwise recorded in connection with the Competition
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such films, photographs and recordings being broadcast or otherwise made public at any time.
Termination of participation
Planners Avenue may terminate the participation of an Entrant in a Competition, refuse to award a Prize to an Entrant or recover a Prize awarded to an Entrant without notice for any reason including, without limitation, if that Entrant:
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submits an entry otherwise than in accordance with these terms and conditions or the Competition Rules for the Competition or tampers with the process for making an entry
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commits any breach of these terms and conditions or the Competition Rules for the Competition
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abuses any privilege afforded to the Entrant under the Competition
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supplies any misleading information or makes any misrepresentations to Planners Avenue or its agents in connection with the Competition
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is otherwise dishonest or fraudulent in its dealings in connection with the Competition
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behaves in a manner which diminishes the name or reputation of Planners Avenue, is unlawful or otherwise inappropriate.
An Entrant may terminate their participation in a Competition at any time by emailing notice to Planners Avenue via our contact us page here.
Planners Avenue will not be liable for any loss or other consequence arising out of termination of an Entrant's participation in a Competition whatsoever.
Suspension and termination of Competition
Planners Avenue may suspend or terminate a Competition at any time at its discretion without prior notice subject to licensing approval.
Planners Avenue will not be liable for any loss or other consequence arising out of suspension or termination of a Competition whatsoever.
Planners Avenue Website
While Planners Avenue takes all reasonable care in the construction, operation and content of the Planners Avenue Website, it makes no guarantee or warranty that:
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the use of the Planners Avenue Website will be uninterrupted or virus and error free
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any information contained on the Planners Avenue Website is complete, accurate or up to date.
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Entrants must take their own precautions to ensure that the process which they employ for accessing the Planners Avenue Website in making an entry in a Competition does not expose them to the risk of viruses, malicious computer code or other forms of interference which may damage their computer system. Planners Avenue is not responsible for any interference or damage to computer systems which may arise in connection with accessing the Planners Avenue Website or any other website linked to the Planners Avenue Website.
Access to the Planners Avenue Website may be terminated at any time without notice.
Intellectual Property
Entrants grant to Planners Avenue an irrevocable, perpetual non-exclusive royalty free license to download, print, display, perform, reverse engineer, modify, adapt copy, reproduce, transmit, disseminate and publish any images or material contained in or submitted with an Entrant's entry and to create derivative works from any part of such image or material for any purpose and to grant sublicenses of the same.
Disclaimer
Planners Avenue makes no express or implied warranty or representation in connection with any Competition other than those set out in these terms and conditions or the Competition Rules for the Competition.
Tax Liability
Liability for tax on Prizes received may vary in accordance with individual circumstances. Entrants should seek their own independent tax advice in respect of any Prizes received.
Any tax, liability or duty arising from Prizes received by an Entrant is the responsibility of the Entrant.
Limitation on Liability
To the fullest extent permitted by law:
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any liability that Planners Avenue may have to an Entrant whether for negligence, breach of contract or otherwise in respect of a Competition is, to the fullest extent permitted by law, limited to conducting the Competition and awarding Prizes in accordance with these terms and conditions and the Competition Rules for the Competition
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Planners Avenue will have no liability whatsoever for any loss of profits or any other incidental, consequential or indirect loss or other consequence in connection with the Competition.
No waiver
No granting of time indulgence or failure to enforce a provision of these terms and conditions shall constitute a waiver by Planners Avenue of the same.
Release and indemnity
Each Entrant releases and indemnifies Planners Avenue from and against any liability arising from:
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any breach of these terms and conditions or the Competition Rules for the Competition by the Entrant
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any use or misuse of a Prize by the Entrant
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any other conduct by the Entrant which entitles Planners Avenue to terminate the participation in the Competition of the Entrant.
Privacy
Planners Avenue collects personal information to provide and market its products and services. That information may be disclosed to Planners Avenue's contractors who assist it with these activities. Planners Avenue does not disclose personal information to overseas recipients without consent unless required or authorised by law.
Planners Avenue's Privacy Policy contains information about how an individual may access or correct information Planners Avenue holds about the individual, how complaints about a breach of privacy can be made to Planners Avenue and how such complaints will be dealt with.
Any Entrant who does not consent to Planners Avenue using the Entrant's personal information to market products and services should email us via our contact us page here.
Severability
If any part or all of any provision of these terms and conditions becomes or is found to illegal or unenforceable that provision may be severed from these terms and conditions and the remaining provisions of these terms and conditions shall continue in force.
Governing Law
These terms and conditions will be construed according to and governed by the law of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts in and of New South Wales in relation to any dispute arising under these terms and conditions.
DEFINITIONS
"Competition" means any trade promotion or competition other than a lottery or game of chance, promoted by Planners Avenue from time to time
"Competition Page" means in respect of a Competition the web page on the Planners Avenue Website promoting the Competition
"Competition Period" means in relation to a Competition, the Competition Period as set out in the Competition Rules for the Competition
“Competition Rules” means in respect of a Competition, the terms and conditions of entry for that individual Competition published by Planners Avenue at or about the time of the competition, specified for that particular competition.
“Entry Content” means your entry submitted or proposed to be submitted to a competition and all property and material included that forms part of your entry including all photographs, images, words, concepts or ideas.
“We”, “us” or “our” means www.plannersavenue.com
“Entrant” or “you” means you as an eligible entrant to enter the competition in accordance with these terms and conditions
Prize means in respect of a Competition, the prize, award or other benefit to be awarded to the winner of the Competition as set out in the Competition Rules for the Competition
Intellectual Property and Intellectual Property Rights includes property and rights in connection with copyright (including future copyright and rights in the nature of or analogous to copyright), know-how, trade mark, service mark, design, inventions (including patents), semi-conductor or circuit layout rights, trade, business or company names, or other proprietary rights, or any rights to registration of such rights (including all renewals and extensions)
Planners Avenue Website means the website at www.plannersavenue.com
Interpretation
In these terms and conditions, and in the Competition Rules for a Competition, unless the context otherwise requires:
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headings do not affect interpretation
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singular includes plural and plural includes singular
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words of one gender include any gender
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a reference to a party includes its executors, administrators, successors and permitted assigns
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a reference to a person includes a partnership, corporation, association, government body and any other entity
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a provision is not to be construed against a person because that person prepared it;
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an unenforceable provision or part of a provision may be severed, and the remainder of the terms and conditions continues in force, unless this would materially change the intended effect of those terms and conditions
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the meaning of general words is not limited by specific examples introduced by ‘including', ‘for example' or similar expressions.
