The following terms and conditions shall apply to the online Free Choice contest ("Contest") which is organized by Planet49 Australia Pty Ltd ("Planet49") ABN 90 143 868 320 with the registered address Level 2, 215 Spring Street, Melbourne VIC 3000. Planet49 Australia Pty Ltd is a subsidiary of Planet49 Asia Pacific Pte Ltd, a company incorporated in Singapore whose main business activity is to collect data for purposes of promoting and marketing of products or services offered by sponsors and clients. Planet49 Asia Pacific Pte Ltd registered address is 1 Maritime Square #11-19, Harbourfront Centre, Singapore 099253, Telephone +65 62718790.
a. To participate in the Contest, participants are required to register at the website www.free-choice.com.au or www.free-test.com.au or www.palm-fortune.com.au by providing the following information:
2. Eligibility for Contest
a. The Contest is open to all Australians who are at least 18 years of age at the time of participation but excluding residents of SA.
b. Employees, representatives, assignees and agents of Planet49 as well as all sponsors, advertising agencies and event coordinators of Planet49, including their family and household members are not eligible to participate in the Contest.
3. Other Conditions of Participation
a. Participation in the Contest shall be via the Internet after 31 December 2012 at midnight ("Start Date"). All entries for the Contest must be submitted to Planet49 via the internet on or before 31 December 2013 midnight ("Closing Date").
b. Participation in the Contest does not depend on the purchase of any merchandise, the use of any non-gratuitous services and/or the payment of any charges and/or user fees to Planet49 or other companies involved in the organization of the Contest.
4. Details and Conduct of the Contest
a. The Contest will be held on 11 January 2014 at 4pm ("Draw Date") at Level 2, 215 Spring Street, Melbourne VIC 3000.
b. The winners of the Contest will be determined solely by a draw selected at random, by means of a computerized system executed by Planet49 Australia Pty Ltd
c. Planet49´s decision as to the winners of the Contest shall be final and binding on all parties concerned, and no correspondence will be entertained by Planet49.
d. At the draw, Planet49 may draw reserve "winners" to replace any winner subsequently disqualified.
5. Notification of the winners
a. The results of the Contest will be announced on the website of Planet49 at www.planet49.com.sg/winner-announcement within seven (7) days of the Draw Date and also be published in the The Age on the 7th work day after the Draw Date.
b. Winners will be notified within three (3) days of the Draw Date by email and phone, followed by a written confirmation.
6.1 Contest Prizes
The prize for the Contest is a choice between an Apple iMac with a retail value of A$1599, an Apple iPhone with a retail value of A$719 or an Apple iPad with a retail value of A$629.
6.2 Non-Transferability of Prizes
Prizes are non-transferable and non-exchangeable for cash, credit or any other item, unless allowed by Planet49 as it deems appropriate and in its sole and absolute discretion.
6.3 Claim for Prizes
a. The relevant prize will be delivered to the winner’s home address or to a collection point close to his/her city of residence in Australia.
b. Prize winners are required to produce their identity cards when collecting their prizes.
c. In the event that the prize remains unclaimed by the winner Planet49 will conduct an "Unclaimed Prize Draw" to determine another winner on 11 April 2013 at 4pm ("Unclaimed Prize Draw Date") at Level 2, 215 Spring Street, Melbourne VIC 3000.
d. The winner of the Unclaimed Prize Draw will be notified within three (3) days of the Unclaimed Prize Draw Date by email and phone, followed by a written confirmation and will also be announced on the website of Planet49 at www.planet49.com.sg/winner-announcement within seven (7) days of the Unclaimed Prize Draw Date and also be published in The Age on the 7th work day after the Unclaimed Prize Draw Date.
6.4 Replacement of Prizes
In the event the relevant stated prize is not available for whatever reason, Planet49 may substitute or replace such a prize with another prize of equal or greater value.
6.5 Prizes to be accepted "as is"
a. Planet49 reserves the right to determine the specifications and composition of the prizes. The winners shall accept the prizes on an "as is" basis.
b. Planet49 makes no representation or warranty as to the quality or fitness for purpose of the prizes, and all implied terms and conditions with respect to the prizes are hereby expressly excluded and disclaimed. The prizes shall exclude installation, registration fee and any other fees incurred by the prize winner in connection with the use of the prize.
7. Promotional, Marketing and Publicity Activities
Planet49 reserves the right to disclose and publish the name and any other particulars of the winners (including photographs) for publicity purposes and the winners agree to co-operate with and participate in the activities organized by Planet49 for such purposes.
8. Rules of conduct and disqualification
Planet49 reserves the right to disqualify any participants from the Contest who fail to comply with the terms and conditions stipulated herein, manipulate the participation process or the website of Planet49 and/or otherwise act unfairly or dishonestly or who try to influence the draw by disruption, harassment, annoyance of employees/software of Planet49, the sponsors or other participants.
9. Frequency, Termination or Cancellation of the Contest
a. Planet49 intends to conduct the Contest on an annual basis. However, this shall not be construed as a commitment on the part of Planet49 as Planet49 reserves the right to change the frequency of the Contest without any reason whatsoever.
b. Planet49 reserves the right to cancel or terminate the Contest at any time without any prior notice given to the participants and without the need to assign any reason whatsoever for such cancellation or termination subject to any direction from the regulatory authority.
11. Legal Proceedings and Liability
a. Planet49 and its sponsors are not liable for any loss, late arrival, delay, alteration, manipulation and/or misdirection of emails and/or data during data entry, logging, transmission and/or storage which are caused by external data networks, in particular the Internet or as the case may be the world wide web, external telephone lines and/or other participants' and/or third parties' hardware and/or software, nor for any incorrect, missing, interrupted, deleted or defective data. In particular, no liability is assumed by Planet49 if emails or data provided through Planet49´s website do not correspond with the requirements of the system and are consequently not accepted by the system.
b. Planet49 and its sponsors are also not liable for any theft or destruction of the systems storing the data and/or storage media, unauthorised alteration and/or manipulation of the data in the systems and/or in the storage media by the participants or third parties, or any loss or damage incurred or suffered by the winner or the winner´s family members in connection with the use of the prizes.
12. Third Parties' Links
Planet49 does not assume any responsibility for the contents of any third party websites or web pages, the links to which are available or found in the websites of Planet49. The availability of these links shall not be taken to mean that Planet49 endorses, approves or agrees with any information available at the linked sites or pages, or any products or services that are offered at such linked sites or pages. Nor shall Planet49 be liable for any loss or damage that might result from any use of such information, products or services.
13. Applicable Law and Jurisdiction
a. These Terms and Conditions of Participation shall be governed by Australian law.
b. The Courts of Australia shall have exclusive jurisdiction over any disputes arising from these Terms and Conditions of Participation, including the validity and enforceability thereof.
a. By participating in the Contest, the participant declares that he or she agrees to be bound by these Terms and Conditions of Participation.
b. Planet49 reserves the right to amend these Terms and Conditions of Participation without giving any prior notice to the Participants.
c. Should any provision of these Terms and Conditions of Participation be held to be unenforceable under the applicable law, such provision shall be deemed severed from these Terms and Conditions of Participation, without affecting the enforceability or validity of the remaining provisions, which shall continue in full force and effect.