This website, located at www.jackkain.com, (the "Website") is owned and operated by Jack Kain Enterprises Pty Ltd, of Sydney, NSW Australia (the "Promoter"). Your entry to the game and access to the Website is conditional upon your acceptance and compliance with the terms and conditions, notices and disclaimers contained in this document and elsewhere on the Website. The competition comprised in the Website is hereafter called the "Game". All persons participating in the Game are hereafter called "players" and those participating in the prize are hereafter called "winner(s)". The prize is hereafter called the reward.
Entry to the Game
Information on how to enter the Game forms part of the terms and conditions of entry. Entry is open to NSW, Australia residents over the age of 18 years except officers and employees and their immediate families of the Promoter, its servants or agents, its related companies and affiliates and the professional advisors, agencies and companies associated with the game. Each completed entry to the Game submitted by a player as directed on the Website is hereafter called an "entry".
Players can enter the game via the submitting an SMS to xxx
Registered Players
To be considered a registered player a unique code must be entered on the website www.jackkain.com. Registration can only take affect upon acceptance of the terms and conditions of the game. As part of the registration process, as a minimum their own name, address, postcode, country, email address and password must be given to complete their registration.
By becoming a registered player, you are able to access the clue in the clue box which will assist in filling in the missing words.
The Promoter takes no responsibility for any registrations lost or delayed in transit.
Commencement and Finish of the Game
The game commences on the 13th November 2008 at 00:01 Australian Eastern Standard Time ("AEST") and concludes on the 24th December 2008 at 23.59 (AEST).. Results will be announced on 15th January 2009 or such other date as the Promoter may determine in its absolute discretion. The promoter reserves the right to either shorten or extend the closing date of the game at its own discretion.
Clues
Clues to assist filling in the missing words are located on the Clue Page of the website. To receive additional clues by SMS, please note these will cost $5.50 cents including GST.
Winner
The 1st correct answer we receive via SMS will win the $10,000 instantly.
The winner will be notified by telephone and in writing. If the Promoter chooses to alter this arrangement it will be done so at its sole discretion and is deemed to be acceptable to all parties who have entered the game.
Each player represents that the player is either eighteen (18) years of age or older or has the consent of a parent or legal guardian to participate in the Game and to agree to these terms and conditions. If a winner is under the age of 18 years the prize will be awarded to the winner's parent or legal guardian.
Should a player not comply with any of these terms and conditions the Promoter reserves the right at its sole discretion to remove all or any remaining components of the prize and those components of the reward will thereby forthwith be forfeited by the player and may, at the Promoter's sole discretion, be added to the remaining bonus pool.
The Promoter reserves the right at its sole discretion to refuse to allow a winner to take part in any or all aspects of the relevant reward if the Promoter determines, in its absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate therein. The Promoter reserves the right to disqualify any player submitting an entry which, 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.
Players are advised that tax implications for a winner may arise from the prize and that the winner should seek independent financial advice prior to the acceptance of the prize.
In the event that for any reason whatsoever a winner does not, at the time stipulated by the Promoter, take any element of the prize to which that winner is entitled then that element of the prize will be forfeited by the winner.
Player's Warranties
Each player covenants warrants and represents to the Promoter that: (i) the entry shall (except to the extent that it incorporates material supplied by the Promoter or by any third party at the Promoter's request or direction) be original in the player and will not infringe upon the copyright or any other rights of any third party; (ii) the player has full right and authority to enter into the agreement evidenced by these terms and conditions (including to grant the subject rights to the Promoter) and that the player has not granted any assignment or licence in relation to the entry, nor will the entrant grant nor has the entrant previously granted any licence or otherwise authorise or has authorised the publication or performance or any other use, in any manner, of the entry and nor will the copyright therein be charged or encumbered in anyway; (iii) the player has no knowledge of any claims which if sustained would be contrary to the grant of rights or any of the warranties and representations contained herein; and (iv) the entry will not, to the best of the player's knowledge, contain any defamatory matter nor constitute a breach of confidence.
It is a condition of the awarding of the prize that the winner must, if requested to do so by the Promoter, sign and return any documents, including but not limited to, Affirmation of Eligibility to Enter, Ownership of Entry, Release and Compliance statements and Assignment of Copyright provided to the winner by the Promoter. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the relevant reward if the Promoter determines, in its absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate therein, in which event the winner shall forfeit the reward to the extent that the Promoter determines and the Promoter may require the judges to select another entry as a qualifying winner of some or all of that reward.
Grant of Rights to Promoter
In consideration for the Promoter awarding the prize to a winner, the winning player hereby grant the Promoter its affiliates, licensees, and its officers, directors, employees and agents the irrevocable right to use the players' names, voice, likenesses, statements, actions and biographical data in connection with the production, publicity, advertising, promotion, exhibition or other exploitation or use of the Game including, without limitation, any television program or motion picture in any way relating to the Game, or any production incorporating material comprised in the Game and the players hereby jointly and severally release and hold the Promoter harmless from any claims or liabilities of any kind arising out of or in connection with the use of the players' names, likenesses or biographies. Each of the players understand and agree that a player will not receive any further compensation of any kind in connection with any rights granted by a player hereunder and that the Promoter is relying on the rights granted herein.
All entries become the legal property of the Promoter. Each player hereby assigns to the Promoter the entire present and future copyright in the entry throughout the world for the full period of the copyright including all renewals and extensions thereof. The Promoter shall be entitled to make use of the entry or any part or parts thereof (i) in such manner as the Promoter shall think fit including (but not by way of limitation) the right to make changes, substitutions and additions thereto, deletions there from and adaptations and rearrangements thereof and translations into any and all languages and (ii) by means of all technologies and all media, whether now known or yet to be invented. The collection use and disclosure of personal information provided in connection with this Game is governed by the Privacy Notice (see Contents Page for location). By accepting these terms and conditions a player agrees to participate and co-operate as required in all promotional activities relating to the Game, including but not limited to being interviewed, photographed or filmed throughout the duration of the Game.
Limitation of Liability
The Promoter makes no representations or warranties as to the quality/suitability/merchantability of any of the goods/services offered. To the extent permitted by law, the Promoter is not liable for any loss suffered or sustained, to person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by the Promoter, its affiliates, licensees, or its officers, directors, employees and agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to a winner and, where applicable, to any family/persons accompanying the winner. This clause does not affect, and is not intended to affect, any rights a consumer might have, which are not able to be excluded under applicable 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 a reward or part thereof supplied again.
Termination or Amendment of the Game
If the Promoter determines in its sole discretion that for any reason the Game is not capable of being properly conducted including, but not limited to, 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 or integrity or proper conduct of the Game, the Promoter reserves the right in its sole discretion to (i) cancel the game (ii) disqualify any individual who interferes with the orderly conduct of the Game and to cause that player to forfeit the relevant entry moneys or (iii) amend as it determines fit the operation of the Game to take account of the event or events concerned. 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. 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 a player's or any other person's computer related to or resulting from participation or downloading any materials in this competition.
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.
General
Players agree to be bound by the Intellectual Property Policy and the Anti-SPAM Policy.
The agreement constituted by a player's acceptance of these terms and conditions will be governed by and construed in accordance with the laws of the State of New South Wales, Australia. The player irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect. All rights not expressly granted herein are reserved.
Copyright
Script registration number WGAw. # 1000334
The intellectual property rights (including copyright) in all information, text, material, graphics, software and advertisements contained on this website ("Content") are owned and/or controlled by the Promoter (as defined in the terms and conditions), its suppliers and/or licensors unless expressly indicated to the contrary on the Website.
The Content is protected by Australian and international copyright and other intellectual property laws. You must not publish, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the website or expressly authorised in writing by the Promoter or the relevant third party owner or rights holder and it is a condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all trademark and other proprietary notices and all advertisements).
You may, using an industry-standard web browser download for view the Content for your personal, non-commercial use. You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of the Promoter or any other party or which is prohibited by the terms and conditions. Nothing contained on the Website should be construed as granting any licence or right of use of any trademark display without the express written permission of the Promoter, the relevant third party owner or rights holder.
Contact Details
Jack Kain Enterprises Pty Limited ACN 103 609 785 Sydney, NSW, Australia. Email admin@jackkain.com
Permit Details
Authorised under permit for NSW
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