M241 Terms and Conditions
Magnamail Pty Ltd Terms and Conditions of Entry
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. There will be a total of 485,742 Magnamail catalogues and email offers distributed amongst residents of Australia and New Zealand. Some customers may receive both a mail catalogue and email catalogue. Customers may submit one (1) order per catalogue they receive. Only one (1) prize will be assigned to each unique customer order number (as set out below) however all orders will be entered into the unclaimed prize draw for any unclaimed major prizes (as set out below).
2. Entry is open to residents of Australia and New Zealand. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion. Employees and the immediate families of the Promoter and its agencies associated with this promotion are ineligible to enter. Entries can only be made by ordering from the relevant accompanying Magnamail catalogue. If ordering via the website www.magnamail.com.au orders must include the prompted media code and claim number as specified on the promotional letter, in order to be eligible to receive the prize. Entry is automatic on receipt of a completed order. Only 1 entry permitted per order. Incomplete, indecipherable or illegible orders will be deemed invalid.
3. Prior to any catalogues being distributed, winning claim numbers are preselected by an approved computer program by Handling Matters, 40/1-5 Thew Parade, Cromer NSW 2099, Australia in descending order of value with the Major Prize of $20,000 cash randomly selected first and so on with the Minor Prizes of the Monique RFID Crossbody Bag (B422) selected last. On receiving entries the number allocated to each customer order will be compared against the list of winning claim numbers. When a matching entry is received the prize will be dispatched to the customer.
4. The Promoter reserves the right, at any time, to verify the validity of entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an order that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights
5. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
6. Promotion commences on 4 March, 2019. Entries close last mail received (for mail orders) and 11:59pm AEDT (for online orders) on 30 April, 2019 (“Promotional Period”) and all orders must be received by that date.
7. Following the end of the Promotional Period, the Promoter will verify all entries and determine the winner, to be completed by 14 May, 2019. In the event the major prize is not claimed, a second chance draw for the major prize will take place at Handling Matters, 40/1-5 Thew Parade Cromer NSW 2099, Australia, on 14 May, 2019 at 3pm AEST. All entrants that have ordered from the accompanying catalogue during the Promotional Period will be included in the second chance draw for unclaimed major prizes. The first valid entry drawn from all valid entries received will win the prize of $20,000 cash. Draw winner will be notified in writing by mail within 2 business days and their prize will be mailed to them within 28 days. The name of the winner will be published in The Australian on Tuesday 21 May, 2019and Sunday Star Times in New Zealand on Sunday 26 May, 2019. Promoter’s decision is final and no correspondence will be entered into.
8. The Major Prizes are: 1 x $20,000 Cash, 1 x $1,500 Cash, 1 x $1,000 Cash, 1 x $500 Cash, 1 9ct Yellow Gold 1/2 ct Diamond Pear Shaped Pendant (SKU 25258841) valued at $499, 1 x Apple iPad Wi-Fi 32 GB – Space Grey (SKU 4153230) valued at $458. In the event of a second chance draw or unclaimed prize draw, prizes will be awarded in descending order of value. The Minor Prizes include: 34,400 x Monique RFID Crossbody Bag (B422) valued at $20. There will be 28,000 of these Monique RFID Crossbody Bags (B422) awarded to winners in Australia (excluding South Australia), valued to $560,000 and 6,400 of these Monique RFID Crossbody Bags (B422) awarded in New Zealand, valued to $128,000. Total projected prize pool value for Australia (excluding SA) and New Zealand is $711,957. Total projected prize pool value in Australia only (excluding SA) is $583,957. All prizes are valued in Australian dollars. For SA Residents Only: Total maximum Minor Prizes available in SA is 10,000 x Monique RFID Crossbody Bags (B422) valued at $20. For the purposes of the South Australian Lottery Licensing Regulations, the maximum potential total prize pool in SA is valued at up to $223,957 based on everybody who receives the Magnamail catalogue, claiming their prize, and subject to clause 10 below.
9. ‘iPad’ is trademark of Apple Inc. registered in the U.S and other countries. Apple Inc. is not a participant in or sponsor of this promotion.
10. Unless otherwise due to fraud or ineligibility under these terms and conditions all prize claims in excess of the advertised prize pool will be honoured.
11. Prizes are not transferable or exchangeable and cannot be taken as cash unless otherwise stated. If a winner of any major prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf. All cash prizes will be awarded in the form of a cheque.
12. If any prize is unavailable, 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.
13. In the event that winners of the second chance draw cannot be located, an additional unclaimed prize draw for each draw will be conducted. A draw for any unclaimed major prizes from the second chance draw may take place on 15 August, 2019at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners will be notified in writing by mail within 2 business days of the draw and their names be published in The Australian on Tuesday 20 August, 2019and Sunday Star Times in New Zealand on Sunday 25 August, 2019.
14. Printing and other quality control errors will not invalidate an otherwise valid prize claim.
15. Official game materials void if stolen, forged, mutilated or tampered with in any way.
16. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
17. 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, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
18. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia and New Zealand (“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.
19. Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, 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: (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; or (f) a prize.
21. The Promoter is Magnamail Pty Ltd of Unit 10 Century Estate, 476-492 Gardeners Rd, Alexandria NSW 2015. A.B.N. 13 001 229 376. Authorised under: NSW Permit No. LTPS/18/30770, ACT Permit No. TP18/02516, SA Permit No. T18/2255.