Terms and Conditions



1. Variables

1.1 Resident of: Australia only.

1.2 Minimum age: 18 years.

1.3 Start time: 7.30pm (Sydney time).

1.4 Start date: 27th July, 2010.

1.5 Closing time: 11:59pm (Sydney time).

1.6 Closing date: 31st August, 2010.

1.7 Judging time: Midday (Sydney time).

1.8 Judging date: 7th September, 2010.

1.9 The names of the Winner will appear on motoring.ninemsn.com.au between 8th September, 2010 and 30th September, 2010.

2. Prize/Prizes

2.1 There will be one (1) Winner. The Winner will receive:

(a) 1 x $AUD 10,000 cash prize awarded in the form of a cheque payable to the Winner in accordance with the details provided on their entry form; and

(b) 1 x techno orange Kia Sportage SLi Automatic transmission model car (RRP $31,990).

The total value of the Prize is $ 41,990

The total value of the Prize Pool is $ 41,990

2.2 The Winner’s details will be passed on to Kia Motors by the Promoter. The Winner must collect the Kia Sportage SLi Automatic car component of the Prize from their nominated, authorised Kia dealer. The Winner and the Kia dealer will arrange a mutually convenient time on any date between 15th October 2010, and 30th November, 2010 for the car handover ceremony.

2.2 The Prize does not include:

(a) Fuel;

(b) Insurance;

(c) Additional car options or modifications;

(d) Any other on-road or incidental costs; or

(e) Anything else not expressly mentioned in Condition 2.1(b).

2.2 The judges' decision is final and no correspondence will be entered into.

2.3 All prize items are valued inclusive of GST and the Promoter takes no responsibility for any variations in item values. The prize is not transferable, exchangeable or redeemable for cash. In the event that any prize item is unavailable, the Promoter reserves the right to substitute a prize item of equal or greater value. Any taxes (other than GST, if any) which may be payable as a consequence of a winner receiving the prize are the sole responsibility of the winner.

2.4 The Promoter makes no representations or warranties as to the quality/suitability/merchantability of any of the goods/services offered as prizes; and accepts no responsibility for loss or damage to prizes in transit.

3. Who may enter

The only persons who may enter and be awarded prizes are residents of the place specified in Condition 1.1, who have attained the age specified in Condition 1.2 (if an age is specified in that condition), who are not (i) employees of, or contractors to, the Promoter or any of its agencies involved with this competition, or (ii) members of the immediate family of such employees and contractors.

"Immediate family" means spouse, de facto spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the employee/contractor.

“Promoter” means ninemsn Pty Ltd ABN 33 077 753 461.

4. Entrants bound by conditions

By participating, entrants agree to be bound by these conditions.

5. How to enter

To enter, entrants must:

(a) Read and accept these terms and conditions;

(b) Be a ninemsn member (membership is free);

(c) Log onto kiamancave.com.au, drag and drop the decorative items into the cave and then follow the prompts to the registration page and register their details (full name, address, daytime telephone number and email address, among other things); and

(d) Answer the following question in 25 words or less:

“How did the all new Sportage inspire your Man Cave design?”

6. Selection of Winner

6.1 At the time and date specified in Conditions 1.7 and 1.8, the judges will choose a Winner. The Winner will be the entrant who has been judged to have entered the most creative, humorous and/or original response to the question asked in Condition 5(d) and the most creative, humorous and/or original Kia Man Cave design in 5.

6.2 Each entry will be individually judged based on literary and creative merit. Chance plays no part in determining the Winner.

6.2 The Promoter reserves the right to disqualify any entrant submitting an entry which infringes a third party’s intellectual property rights, or in the opinion of the Promoter, includes objectionable content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language.

6.3 Incomplete or indecipherable entries will be deemed invalid.

7. Special conditions of entry

7.1 All entries must be:

a. the original independent creation of the entrant;

b. owned by the entrant; and

a. free of any claims, including copyright or trademark claims by other parties.

7.2 Entries must not:

a. have been published previously;

b. have won prizes or awards in other competitions;

c. be restricted in any way; or

d. infringe any third party rights.

7.2 The Winner must have a current valid driver’s licence issued by an Australian State or Territory authority. If the Winner is, through any legal incapacity or otherwise, unable to register the motor vehicle in their own name, then such Winner may assign the motor vehicle prize to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the Winner and the assignee. The Winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the motor vehicle is awarded. It is a condition of accepting the Prize that the Winner may be required to sign a legal release in a form to be determined by the Promoter in its sole and absolute discretion.

7.3 It is a condition of the awarding of each prize that the Winner must, if requested to do so by the Promoter, sign and return any Affirmation of Eligibility to Enter, Ownership of Entry, and Release and Compliance statements provided to the winner by the Promoter. The failure to return the signed statements will result in the entitlement to the prize being forfeited and the selection of another Winner.

7.4 The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

8. Limitations on entry

8.1 There is no limit to the number of entries per person, subject to the following:

(a) each entry must be substantially unique; and

(b) each entry must be submitted separately and in accordance with entry requirements.

9. Duration

This competition starts at the Sydney time and date specified in Conditions 1.3 and 1.4. Entries must be received by the Sydney time and date specified in Conditions 1.5 and 1.6.

10. No quality, etc, representations/exclusion of liability

The Promoter:

10.1 makes no representations or warranties as to the quality/suitability/merchantability of any of the goods/services offered as prizes;

10.2 accepts no responsibility for loss or damage to prizes in transit;

10.3 accepts no responsibility for late, lost or misdirected registrations; and;

10.4 is not liable, to the extent permitted by law, for any loss suffered or sustained, to person or property and including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to the prize winner and, where applicable, to any family/persons accompanying the winner.

10.5 If the prize involves entry to an event and/or transport and accommodation, the winner and his or her guests must sign and return any liability release provided by the Promoter and/or its contractors as a condition of the prize being awarded.

10.6 If the winner or any guests are under 18 years old, the underage persons must be accompanied by a parent or legal guardian who signs any liability indemnity provided by the Promoter as a condition of the prize being awarded. Failure to return the signed releases and indemnities will result in the entitlement to the prize being forfeited and the selection of another winner.

10.7 Condition 10 does not affect, and is not intended to affect, any rights a consumer might have, which are not able to be excluded under applicable Australian consumer protection laws. To the fullest extent permitted by law, any liability of the Promoter or its servant or agents for breach of any such rights is limited to the payment of the cost of having the prize supplied again.

11. Winner notification and publication

The Winner will be notified by telephone and/or email, using the details provided in their entry, and the name and suburb of the Winner will be published as specified in Condition 1.9.

12. Use of Headings

Headings  and  subheadings  are inserted  for  convenience  only  and  shall  not  be  used  to interpret the text of these conditions in any way adverse to an interpretation in favour of the Promoter.

13. Ownership of entries

13.1 All entries become and remain the property of the Promoter.

13.2 The Promoter reserves the right to use the content of winning and runners-up entries for the purpose of future promotions.

14. Internet

14.1 If for any reason this competition is not capable of running as planned, including but not exclusively infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the competition.

14.2 The Promoter assumes 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.

14.3 The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this competition.

14.4 CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

15. LIABILITY, INDEMNITY AND RELEASE

15.1 In consideration for the Promoter accepting the Entrant’s entry, the Entrant releases and forever discharges the Promoter from all claims that the Entrant may have or may have had but for this release arising from or in connection with any entrant’s participation in this promotion; the winner’s acceptance and use of the Prize, and the winner’s guest’s acceptance and use of the Prize.

15.2 The entrant indemnifies and holds harmless the Promoter to the extent permitted by law in respect of any claim by any person (including but not limited to other entrants in the promotion), arising as a result of or in connection with the entrant’s participation in the promotion.

15.3 In this Condition 15, “all claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising.

16. Promoter

The Promoter is ninemsn Pty Ltd, ABN 33 077 753 461, Level 7 Tower Building, Australia Square, 264 George Street, Sydney NSW 2000.

17. Entire conditions

These conditions constitute the entire agreement of the parties relating to the entry and the conduct of the competition.


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