Terms & Conditions

Terms & Conditions

Terms and Conditions:
1. Use and/or registration as a member of the website www.isnug.com.au (Site) constitutes acceptance of these terms and conditions of use of the Site and any forum located within the Site.
2. These terms and conditions apply to all users and/or members of the Site, including those who are contributors photographic content, opinion or information (including voting information).
3. The Site is controlled by Seivewright Holdings Pty Ltd ABN 93 948 819 139
Registration as a member
4. You have the ability as you register as a member of the Site, to choose your username. Your choice of username must be appropriate, and must not be vulgar, obscene, profane, sexually oriented, or otherwise in violation of any law.
5. By registering to use the Site, you agree to never provide your password to another person except an administrator of the Site. You must notify Seivewright Holdings Pty Ltd immediately in the event of any breach of security or unauthorised use of your account. Notwithstanding such notification, Seivewright Holdings Pty Ltd will not be liable for the theft or unauthorised use of any account, and it is therefore recommended that you use a complex and unique password for your account.
6. You agree to never use another person's account for any reason whatsoever.
7. After you register and login to the forum located within the Site, you will be able to complete a detailed profile. It is your responsibility to present appropriate and accurate information. Any information deemed inappropriate by Seivewright Holdings Pty Ltd will be removed without prior notice and appropriate sanctions imposed.
Site content
8. You remain solely responsible for information and messages posted or published by you on the Site (including any photographic material submitted in a competition, and any messages posted on a forum located within the Site) (Your Content), and the consequences of posting or publishing them. Furthermore, you agree to indemnify and hold harmless Seivewright Holdings Pty Ltd from any claims, damages, obligations, losses, liabilities, costs, debt or expenses arising from your use of the Site, and/or any breach of these terms and conditions. Seivewright Holdings Pty Ltd reserves the right to reveal your identity (or any other related information collected on the Site) in the event of a formal complaint or legal action arising from any situation caused by your use of the Site.
9. You warrant that:
· You own or hold the necessary licence to any copyright or other intellectual property subsisting in Your Content;
· You have the permission, consent and/or approval of any person identifiable and/or referred to in Your Content;
· You grant Seivewright Holdings Pty Ltd a worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to use, publish, reproduce, distribute, prepare derivative works of, display and perform Your Content;
· Your use of the Site will be for personal, non-commercial purposes only;
· You will not copy, reproduce or distribute any material published on the Site (other than Your Content);
· You will not solicit, for commercial purposes, any Site users with respect to their content (including any competition entries); and
· You will at all times comply with these terms and conditions.
10. You agree that in using the Site (including any forum located within the Site), you will not post or publish any material which is:
· False or inaccurate;
· Vulgar;
· Unlawful;
· Obscene;
· Defamatory;
· Sexually oriented;
· Threatening;
· Pornographic;
· Harassing;
· Hateful;
· Racially or ethnically offensive;
· A breach of another party’s intellectual property rights;
· Capable of encouraging unlawful or inappropriate conduct; or
· Capable of violating any law.
11. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are forbidden on the Site.
12. Any material which Seivewright Holdings Pty Ltd considers to be inappropriate will be removed without prior notice and appropriate sanctions imposed. This may include cancelling your registration to use the Site and removing any content posted or published on the Site by you, including any competition entry or vote.
13. In some cases, content will be reviewed by Seivewright Holdings Pty Ltd or its agents prior to publication on the Site. If content is considered inappropriate, it will not be published.
Confidentiality
14. Seivewright Holdings Pty Ltd does not guarantee confidentiality in respect of Your Content.
No liability for third party websites
15. The Site may contain links to third party websites not owned or controlled by Seivewright Holdings Pty Ltd. Seivewright Holdings Pty Ltd will not be liable for any content of third party websites referred to in the Site.
No liability for third party Site content
16. You acknowledge that in using the Site, you will be exposed to content from a variety of sources, and that use of the Site is at your sole risk. To the full extent permitted by law, Seivewright Holdings Pty Ltd will not be responsible for the content placed on the Site by members/users and or any other third parties. Seivewright Holdings Pty Ltd does not warrant the accuracy, completeness, or usefulness of any information presented. The posted messages on the forum located within the Site express the views of the author, and not the views of Seivewright Holdings Pty Ltd. Anyone who feels that a posted message is objectionable is encouraged to notify an administrator or moderator of the forum immediately. Seivewright Holdings Pty Ltd reserves the right to remove objectionable content within a reasonable time frame if it determines that removal is necessary. Seivewright Holdings Pty Ltd cannot guarantee that objectionable content will be removed immediately upon receipt of a complaint.
No liability for technical problems
17. To the full extent permitted by law, Seivewright Holdings Pty Ltd is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, computer equipment, software, technical problems or traffic congestion on the Internet, the Site or any other website, or any combination thereof, including any injury or damage to users’ or any other person's computer related to or resulting from use of the Site.
18. Seivewright Holdings Pty Ltd and its agencies and companies associated with the Site will not be liable for any loss (including but not limited to indirect or consequential loss), damage or personal injury which is suffered or sustained (including without limitation to that caused by any person’s negligence) relating to use of the Site, except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law).
Identification and security
19. Please note that with each post on the forum, your IP address is recorded and may be used to identify you in the event that your use of the Site is inappropriate or in contravention of these terms and conditions. For the purposes of identifying you, Seivewright Holdings Pty Ltd may contact your ISP.
20. When accessing the Site, a cookie (a text file containing bits of information such as your username and password), may be placed in your browser's cache. This is ONLY used to keep you logged in or out. The software which places the cookie does not collect or send any other form of information to your computer.
Privacy
21. Seivewright Holdings Pty Ltd may use any personal information you provide for the purposes of administering the Site. If you do not provide the information requested, you will not be able to register to access and use the Site. Seivewright Holdings Pty Ltd is bound by the National Privacy Principles contained in the Privacy Act (Cth) 1988. A copy of Seivewright Holdings Pty Ltd’s privacy policy can be viewed at www.isnug.com.au To request access to, or to update, personal information Seivewright Holdings Pty Ltd holds about you, entrants can contact the office of Seivewright Holdings Pty Ltd.

Uploading Terms and Conditions:

Information on how to enter forms part of the terms and conditions. By entering the promotion, entrants accept and agree to be bound by these terms and conditions.
Entry is via the www.isnug.com.au/ website

To be a valid entrant, the entrant must:

be a registered member of the Website; and
be a permanent resident of Australia currently residing in Australia; and
AND must not be:
a director, officer or employee of Seivewright Holdings Pty Ltd (the “Promoter”), or any agencies and companies associated with the promotion; or
an immediate family member of a director, officer or employee of the Promoter, or any agencies and companies associated with the promotion.

To submit a valid entry, the entrant must :

Create an advertisement displaying the iSnug in any media form Print, T.V. etc…
include with the photo or advertisement of the iSnug a maximum of 25 words caption/synopsis explaining the entry; and
ensure that their photo is not over 250KB in size; and
submit their name, postal address, email address and phone number with their entry.

The Promoter reserves the right to determine the validity of all entries received. An invalid entry, without limitation, will be any entry that is any of the following:

late;
delayed;
incomplete;
incomprehensible;
unlawful;
obscene;
defamatory;
discriminatory;
libellous;
threatening;
pornographic;
harassing;
hateful;
racially or ethnically offensive;
capable of encouraging of conduct that would be considered a criminal offence;
capable of violating any law;
capable of giving rise to civil liability; and/or
otherwise an infringement of an person’s rights.

All materials submitted with an entry becomes the physical property of the Promoter and will not be returned to the Entrants.
No responsibility will be accepted for late, lost or misdirected entries, or entries not received by the Promoter for any reason whatsoever.
Only one entry per person per day will be accepted. Each valid entry can only be submitted once during the Promotion Period. No entries being will be carried forward from week to week (refer to Table A for Entry Periods)
The Promoter will not be liable for any breach of copyright. The entrant will be solely responsible for their own entries and the consequences of submitting them. The entrant represents and warrants that:

their entry is their own original work;
they own or have the necessary licenses, rights, consents and permissions to use and authorize the Promoter to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all entries to enable inclusion and use of the entries in the manner contemplated by the Website and these Terms and Conditions;
they have the written consent, release, and/or permission of each and every identifiable individual person in the entry to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the entry in the manner contemplated by the Website and these Terms and Conditions; and
they consent or have obtained from all identifiable individuals in the entries, and any producer of the materials submitted, consent for the Promoter to do any act or omit to do any act that but for this consent would be an infringement on any moral rights the entrant or any individual including the producer of the materials submitted, may have in the entries.

Entrants retain all of their ownership rights in their entries. However, by entering the Promotion, entrants hereby grant the Promoter a worldwide, non-exclusive, royalty-free, irrevocable, sublicenseable and transferable license to use, communicate, reproduce, distribute, prepare derivative works of and display the entry in connection with the Website and the Promoter including without limitation for promoting and redistributing part or all of the Website, and for promoting or advertising the competition in any media formats and throughout any media channels.
The Promoter reserves the right at its absolute discretion to remove any entrant’s entry without prior notice if they are deemed to have infringed copyright and/or intellectual property rights.
Entrants acknowledge that their entry may be published on the internet together with their name.
Entry is purchasing an iSnug, however the entrant’s internet connection rates may apply, and the entrant will bear any such cost.
The Promoter reserves the right, at anytime, during, or after the closing date of the promotion, to verify the validity of entries and to disqualify any entrant who tampers with, or benefits from tampering with, the entry process (including but not limited to tampering by way of the utilisation of techniques designed to avoid the payment of internet costs or the utilisation of automated entry software) or who submits an entry that is not in accordance with these Conditions of Entry. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
The competition commences on September 20th 2009 at 18:30 (AEST) and concludes on October 25th 2009 at 18:29 (AEST) (Promotion Period). There are eight (5) Entry Periods during the Promotion Period and entries received during each period will go into the relevant Entry Period for judging. All valid entries within each Entry Period will be judged by representatives of the Promoter at the time specified in Table A based on creative merit. Any entries received after the Promotion Period concludes will be disregarded. All entries are deemed to be received at the time of receipt by the Promoter and NOT at the time of transmission by the entrant.
The promotion is a game of skill and chance plays no part in determining the winners. There will be one (1) finalist selected by the judges from each Entry Period during the Promotion Period, totalling five (5) finalists. The five (5) finalists selected during the Promotion Period will be placed in a voting pool on the Website to determine the Major Prize Winner. The voting period will be open between Wednesday 7th October 2009 at 18:30pm (AEST) and Wed October 28th at 12:00pm (AEST) (Voting Period) and will take place via the Website. There will be one (1) winner of the Major Prize (Winner), being the finalist that receives the most votes from members of the Website during the Voting Period. The Winner will win the Major Prize. In the event that there is a tie, the Promoter in its absolute discretion will select the best entry of the tied entries based on creativity.

The Winner will be determined at Juice Media, 37 Young St Neutral Bay, NSW 2089 on Wed October 28th 2009 at 13:00 (AEST) from all finalists and the votes their entries received during the Voting Period.

Table A
Entry Period	Entries Open	Entries Close	Judging/Draw	Winner Announcement - Newsletter/ Website
1	Sun 20-Sept, 6.30pm	Sun 27-Sept, 6.29pm	Mon September 28th, 9am	Tue 29 Sept - Announce finalist 1
2	Sun 29-Oct, 6.30pm	Sun 4-Oct, 6.29pm	Mon October 5th, 9am	Tue 6 Sept - Announce finalist 2
3	Sun 4-Oct, 6.30pm	Sun 11-Oct, 6.29pm	Mon October 12th, 9am	Tue 13 Sept - Announce finalist 3
4	Sun 11-Oct, 6.30pm	Sun 18-Oct, 6.29pm	Mon October 19th, 9am	Tue 18 Oct - Announce finalist 4
5	Sun 18-Oct, 6.30pm	Sun 25-Oct, 6.29pm	Mon October 26th, 9am	Tue 27 Oct - Announce finalist 5
Main Draw				Thurs 29 Oct - Announce Main Winner

The Promoter’s decisions are final and no correspondence will be entered into. Prizes cannot be exchanged and cannot be taken as cash. Prizes can only be transferred at the absolute discretion of the Promoter.
The finalists will be notified by email and published on the Website on the dates listed within Table A (above).
The Winner will be notified by telephone, published on the Website. The prize winner will also be notified by email.
All entries are deemed to be received at the time of receipt by the Promoter, not time of transmission by the entrant.
The Major Prize and value are as follows:
One (1) Apple iPhone 16g 3GS VALUE $ 879.00
Each weekly finalist will receive a Weekly Prize pack within 1 (one) week of choosing that finalist, each valued to a maximum of $129 consisting of:

▪ 1 iShuffle 4GB value $129.00

Each week a prize will be given to those entrants who are honourable mentions, each valued to a maximum of $30.00 consisting of :
3 Double Movie passes to Greater Union and Event Cinemas
Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to the acceptance of the prize.
No compensation will be payable if the winner is unable to use the prize as stated or at the time stipulated by the Promoter.
In acceptance of the prize, the Winner may be required to complete a legal release in a form determined by the Promoter in its absolute discretion, and execute any other document to give effect to the granting of the Promoter’s rights under this Agreement.
If a winner is disqualified in accordance with these terms and conditions, the Promoter reserves the right to award the prize to the next most popular valid entry as determined by the number of votes received. The same principle will apply to any further disqualifications.
If for any reason whatsoever this promotion is not capable of running as planned then the Promoter may take any action that may be available, including to cancel, terminate, modify or suspend the promotion, subject to any direction given under the relevant authority.
Except for any liability which cannot be excluded by law the Promoter:

(i)       are not responsible for any problems or technical malfunction of any telephone network or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in this Promotion;
(ii)      accept no responsibility for any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with this Promotion, or by any technical error that may occur in the course of this Promotion; and
(iii)      accept no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries or entrants details.

Prize values are the recommended retail value as provided by the supplier and are correct at time of printing.
The Promoter and their respective agencies and companies associated with this promotion will not be liable for any loss (including but not limited to indirect or consequential loss), damage or personal injury which is suffered or sustained (including without limitation to that caused by any person’s negligence) relating to this promotion or the awarding or taking of any prize, or participation in any prize, except for any liability which cannot be excluded by law (in which case it is limited to the minimum allowable by law). By entering this promotion, entrants accept and acknowledge full responsibility for their decision to participate in the promotion and in taking of any prize.
The Promoter and their agencies and companies associated with this promotion will take no responsibility for prizes damaged in transit.
The Promoter will make all reasonable efforts to contact the winners. If the Promoter has not been able to contact the winner within 1 month of the determination date, or for any reason a prize remains unclaimed for 1 month after the determination date, the relevant winner’s entry will be deemed invalid and the next most popular valid entry will be deemed an “Unclaimed Prize Winner”. The Unclaimed Prize Winner will be contacted by telephone.
It is a condition of accepting the prize that the winner and agree to be interviewed, photographed and/or filmed at any time during the acceptance of the prize by the Promoter or their agents. There is no obligation upon the Promoter to use such images or footage but if the Promoter elect to do so, the winner consents to the Promoter using their name, likeness, image and/or voice in any media for the purpose of promoting this competition, (including any outcome), or the Promoter itself, for an unlimited period of time without remuneration.
All entries remain the property of the Promoter. The Promoter collects entrants’ personal information in order to conduct the promotion. If the information requested is not provided, the entrant may not participate in the promotion. By entering the promotion, unless otherwise advised, each entrant also agrees that the Promoter may use this information, including the entry itself, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the entrant, including sending the entrant electronic messages. Entrants’ personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter at their address set out below.
If any entrant wishes to receive information about ISnug offers and promotions (including via electronic means) from ISnug, entrants can tick the opt-in box located on the registration page. In using the personal information of entrants who tick the opt-in box for the purposes set out above, ISnug may disclose the information to ISnug, agencies and contractors (including call centres, advertising agencies and direct mail houses). The promoter and ISnug are bound by the National Privacy Principles contained in the Privacy Act (Cth) 1988. A copy of ISnug's privacy policy can be viewed www.isnug.com.au To request access to, or to update personal information Seivewright Holdings Pty Ltd holds about them, entrants can contact the office of iSnug or Seivewright Holdings Pty Ltd.
These Terms and Conditions are governed by the laws of the State of New South Wales
All references to dollars in this Agreement is a reference to Australian dollars and is exclusive of GST unless otherwise specified.

The Promoter is: Seivewright Holdings Pty Ltd ABN: 93 948 819 139 of Suite 2, 4a Tivoli Ave Rose Bay. You can the Promoter by mail to this address or by telephone to (02) 9089 8749.

Voting Terms and Conditions:

Information on how to enter forms part of the terms and conditions. By entering the Promotion, entrants accept these terms and conditions.
Entry is via the www.isnug.com.au To be a valid entrant the entrant must:
1. be a registered member of the Website; and
2. be a permanent resident of Australia currently residing in Australia; and
3. a director, officer or employee of the Seivewright Holdings Pty Ltd (the “Promoter”), or any agencies and companies associated with the promotion; or
4. an immediate family member of a director, officer or employee of the Promoter, ISnug or any agencies and companies associated with the promotion.
To submit a valid entry, the entrant must:
a) supply the mandatory entry fields on the registration form located on the Website; and
b) submit their vote, as indicated on the Website, for the best photo and or advertisment during the Promotion Period.
No responsibility will be accepted for late, lost or misdirected entries, or any entries not received by the Promoter for any reason whatsoever.
Entry is restricted to one entry per person per day.
Entry is free, however the entrant’s internet connection rates may apply.
The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who tampers with, or benefits from tampering with, the entry process or who submits an entry that is not in accordance with these conditions of entry.
The Promotion commences on Wednesday 2nd October 2009 at 18:30 (AEST) and concludes on Monday 12th October 2007 at 12:00 (AEST) (the “Promotion Period”). Any entries received after the Promotion Period concludes will be disregarded.
The first randomly drawn valid entry from all entries received by the Promoter will win one (1) Double Movie Pass from Greater Union and Events Cinemas. The total prize value is AUD$ 50
The prize draw will take place on October 25th 2009 at 13:00 (AEST) at Juice Media 37 Young St. Neutral Bay, NSW 2089 from all valid votes submitted during the Promotion Period.
The Promoter’s decision is final and no correspondence will be entered into. Prizes can only be transferred at the absolute discretion of the Promoter.
All entries are deemed to be received at the time of receipt by the Promoter, not time of transmission by the entrant.
The Promoter reserves the right to request the winner to provide proof of identity and proof of residency at the nominated prize delivery address. Identification considered suitable for verification is at the discretion of the Promoter.
Prize winners are advised that Tax implications may arise from their prize winnings and they should seek independent financial advice prior to the acceptance of the prize. Any requisite taxes (including GST if applicable) will be deducted from the prize money.
If a winner is disqualified due to suspected or known fraud or is found to be ineligible in accordance with these terms and conditions, the Promoter reserves the right to award the prize to the next valid entry drawn. The same principle will apply to any further disqualifications.
If for any reason whatsoever this promotion is not capable of running as planned then the Promoter may take any action that may be available, including to cancel, terminate, modify or suspend the Promotion, subject to any direction given under the relevant Lottery and Gaming Regulation and state/territory permit regulation.
Except for any liability which cannot be excluded by law the Promoter and ISnug:
(i) are not responsible for any problems or technical malfunction of any telephone network or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in this Promotion;
(ii) accept no responsibility for any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with this Promotion, or by any technical error that may occur in the course of this Promotion; and
(iii) accept no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries or entrants details.
The prize winner will be notified in writing and their details will be published on the Website. The prize winner will also be notified by email and will have their name.
The Promoter and ISnug and their agencies and companies associated with this promotion will not be liable for any loss (including but not limited to indirect or consequential loss), damage or personal injury which is suffered or sustained (including without limitation to that caused by any person’s negligence) relating to this Promotion or the awarding or taking of any prize, except for any liability which cannot be excluded by law (in which case liability is limited to the minimum allowable by law). By entering this Promotion, entrants accept and acknowledge full responsibility for their decision to participate.
The Promoter and ISnug and their agencies and companies associated with this promotion will take no responsibility for the winner’s prize once it has been posted to the winner by the Promoter.
The Promoter will make all reasonable efforts to contact the winners. In the event of the prize not being accepted or claimed within 3 months of the draw, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to conduct such further draws as may be deemed necessary at the same time and place as the original draw on Thursday 15th October 2009 to distribute any prize unclaimed, subject to the Lottery and Gaming Regulations. The winner of any unclaimed prize (the “Unclaimed Prize Winner”) will be contacted by telephone immediately and in writing.
It is a condition of accepting the prize that the winner agrees to be interviewed, photographed and/or filmed at any time during the acceptance of the prize by the Promoter or their agent. There is no obligation upon the Promoter to use such images or footage but if the Promoter elects to do so, the winner consents to the Promoter using their name, likeness, image and/or voice in any media for the purpose of promoting this competition, (including any outcome).
All entries remain the property of the Promoter. The Promoter collects entrants’ personal information in order to conduct the promotion. If the information requested is not provided, the entrant may not participate in the promotion. By entering the promotion, unless otherwise advised, each entrant also agrees that the Promoter may use this information, including the entry itself, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the entrant, including sending the entrant electronic messages. Entrants’ personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter at their address set out below.
If any entrant wishes to receive information about ISnug offers and promotions (including via electronic means) from ISnug, entrants can tick the opt-in box located on the registration page. In using the personal information of entrants who tick the opt-in box for the purposes set out above, ISnug may disclose the information to ISnug, to its related bodies corporate, agencies and contractors (including call centres, advertising agencies and direct mail houses). The promoter and ISnug are bound by the National Privacy Principles contained in the Privacy Act (Cth) 1988. A copy of ISnug's privacy policy can be viewed at www.isnug.com.au. To request access to, or to update personal information ISnug holds about them, entrants can contact the office of ISnug (an administrative fee may be imposed to access personal information).
These Terms and Conditions are governed by the laws of the State of New South Wales. These rules are Terms and Conditions and constitute the entire terms and conditions between the Entrant and the Promoter with respect to Project iSnug competition and cannot be altered, modified or amended.
The Promoter is: Seivewright Holdings, ABN: 93 948 819 139 Suite 2 4a Tivoli Ave Rose Bay NSW 2029. You can contact iSnug in relation to the Promotion by mail to this address or by telephone to (02) 9089 8749.