“BRANDLEADERS DRAWS 38 & 39” PROGRAM (MOTHER'S DAY AND AUTUMN DRAWS)

 TERMS AND CONDITIONS

1. 1.             Information on how to participate and prizes form part of these Terms and Conditions. Participation in this program is deemed acceptance of these Terms and Conditions.
2. 2.             Participation is only open to Australian residents aged 18 years or over. Employees (and their immediate families) of the Promoter and agencies associated with this program are ineligible to participate. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1^st cousin.
3. 3.             The program commences 12:00 noon AEDST 16/02/2010 and ends at 12:00 noon AEST 28/07/2010 (“Program Period”).
4. 4.             In order to participate in this promotion, individuals must first be a registered member of the BrandLeaders website. Individuals can register during the Program Period to receive an automatic entry into this promotion. Existing Brandleaders Members can redeem points for an entry into this promotion.

Registration for new members

1. 5.             To register as a BrandLeaders member, individuals will be required to complete the BrandLeaders member registration form corresponding to the prize draw they would like to enter located on www.brandleaders.com.au (“Website”) and provide personal information including their name, self-nominated password, email address (which later becomes their ‘username’) and other details as prompted. Once the registration process is completed, the individual will become a registered BrandLeaders member (“BrandLeaders Member”).
2. 6.             Individuals who registered to become a BrandLeaders Member during the Program Period will be automatically entered into a draw (Draw 38 or 39) depending upon the date of registration and the registration form they completed to register as a new member of the BrandLeaders website.
3. 7.             Each individual can only use one username (email address used to register). Individuals must not share their username or password with another other person or allow any other person to use the Website or complete surveys using their registered details.
4. 8.             Each individual must register with a valid email address that has not already been used by another BrandLeaders Member to register. Limit one (1) registration per person.

Surveys

1. 9.             The Promoter will make various surveys available via the Website during the Program Period.
2. 10.          Upon successful completion of a survey during the Program Period, the BrandLeaders Member will be eligible to earn points. The number of points awarded is as follows:

Event	Points
Completion of their first survey	4,000 points
Completion of each additional survey	2,000 points
Referring a friend via the refer a friend mechanic available to BrandLeaders Members who are logged in to the Website, who subsequently registers as a member on the Website during the Program Period	2,000 points per friend

1. 11.          Each BrandLeaders Member may complete each survey only once.
2. 12.          BrandLeaders Members should only refer friends and family members with whom they have a direct relationship and who consent to receiving information about promotional and marketing activities such as this program. Operation of the “refer a friend” mechanic is subject to the Spam Act 2003 (Cth).
3. 13.          BrandLeaders Members who refer a friend will automatically receive 2,000 points for every referred friend they refer who subsequently joins www.brandleaders.com.au, during the Program Period.

Points

1. 14.          BrandLeaders Members may submit multiple entries into either Draw 38 or Draw 39 (if entries for the nominated draw is still open) at the cost of redeeming 3,000 of their points for each additional entry.
2. 15.          BrandLeaders Members who wish to redeem their points for an entry into either Draw 38 or Draw 39 must visit the Website, log in using their username and password, click on “Redeem Points” and nominate the draw that they would like to enter, prior to the closing date for that draw.

• 16.          Points cannot be used in conjunction with cash or pooled with another BrandLeaders Member.

Draws

1. 17.          Entries into each draw will not be entered into any other draws.
2. 18.          The relevant dates for each draw are as follows:

Draw	Entries open	Entries close	Draw time/date	Winners published
Draw 38:  Mother’s Day Special Draw	12:00 noon AEDST 16/02/2010	12:00 noon AEST 21/04/2010	12:00 noon AEST 23/04/2010	03/05/2010

Draw 39: Autumn/Winter Draw

12:00 noon AEDST 01/03/2010

12:00 noon AEST 28/07/2010

12:00 noon AEST 30/07/2010

10/08/2010

1. 19.          All draws will take place at Anisimoff Legal, Level 4, 448 St Kilda Road, Melbourne VIC 3004. The Promoter reserves the right to draw additional reserve entries and record them in order in case an invalid entry or ineligible BrandLeaders Member is drawn.

Winners will be notified by e-mail. Any BrandLeaders Member without a valid email account will be disqualified from receiving a prize or benefit as a valid email address is essential to participate in BrandLeaders. Winners’ names will be published on the Website and in The Australian (for prizes over $250) on the dates outlined in the table above.

1. 20.          In the case of Draw 38, the first valid entry drawn will win a Nintendo Wii Fit Plus (game and console) valued at $550. 

The next valid entry drawn will win a $500 Westfield gift card.

The next valid entry drawn will win a $200 Fountain Cosmetics e-voucher.

The next valid entry drawn will win a $100 Roses Only voucher.

1. 21.          In the case of Draw 39, the first valid entry drawn will win a LG Plasma TV 42” valued at $1,400.

The next valid entry drawn will win a Homedics Quad Roller massager valued at $1,000.

The next valid entry drawn will win a Panasonic DVD Home Theatre system valued at $500.

The next valid entry drawn will win a Nintendo Wii Console and Wii Sports Game valued at $400.

The next valid entry drawn will win a $200 Dymocks gift card.

1. 22.          Any ancillary costs associated with redeeming the gift card and voucher prizes are not included. Any unused balance of the gift cards and vouchers will not be awarded as cash. Redemption of the gift cards and vouchers is subject to any terms and conditions of the issuer including those specified on the gift cards and vouchers.
2. 23.          The Promoter’s decision in relation to all matters arising under this Program is final and binding, and no correspondence will be entered into.
3. 24.          The Promoter reserves the right, at any time, to verify the validity of completed surveys and BrandLeaders Members (including a BrandLeaders Member’s identity, age and place of residence) and points, and to disqualify any BrandLeaders Member who submits a survey or claim that is not in accordance with these Terms and Conditions or who tampers with the specified processes. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
4. 25.          Incomplete, indecipherable or illegible surveys, claims or other communications will be deemed invalid.
5. 26.          Prizes are subject to the standard terms and conditions of individual prize and service providers.
6. 27.          If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
7. 28.          Total pool value of all drawn prizes is $4,850.
8. 29.          Prizes are not transferable or exchangeable and cannot be taken as cash.
9. 30.          A draw for any unclaimed prizes may take place on at 12:00 noon AEDST on 29/10/2010 at the same place as the original draw, subject to any directions from a regulatory authority.  Any winners’ names will be published on the Website and in The Australian (for prizes over $250) on 23/11/2010.
10. 31.          BrandLeaders Members consent to the Promoter using the BrandLeaders Member's 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 competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
11. 32.          If this program 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any BrandLeaders Member; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the program, as appropriate.
12. 33.          Any cost associated with accessing the Website is the BrandLeaders Member’s responsibility and is dependent on the Internet service provider used. The use of any automated software or any other mechanical or electronic means that allows a BrandLeaders Member to automatically submit surveys or other data repeatedly is prohibited and will render all entries submitted by that BrandLeaders Member invalid.
13. 34.          Except for any liability that cannot be excluded by law, 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 the program, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any incorrect information made available on the Website or in any other promotional material (c) any theft, unauthorised access or third party interference; (d) 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; (e) any variation in prize values to those stated in these Terms and Conditions; (f) any tax liability incurred by a winner or BrandLeaders Member; or (g) use of a prize.
14. 35.          As a condition of accepting any prize, a winner may be required to sign any legal documentation as and in the form required by the Promoter in its absolute discretion, including but not limited to a legal release and indemnity form.
15. 36.          The Promoter collects personal information in order both to conduct the program and to augment its marketing database which can be used by reputable organisations for direct marketing (including offers sent out via post, email, SMS or communicated by phone), research, debt collection and trace purposes. The Promoter may disclose such information to third parties, including, but not limited to, prize suppliers, to reputable organisations accessing the Promoter’s marketing database and to Australian regulatory authorities. Participation is conditional on providing this information. The Promoter and third parties to whom the Promoter provides this information may, for an indefinite period unless otherwise advised, use the information for announcing prize winners (name and suburb/postcode only) and for direct marketing, research and debt collection purposes.  BrandLeaders Members should direct any request to access, update or correct information to the Promoter.  All entries become the property of the Promoter.  By participating in the program, BrandLeaders Members agree to use of their information in accordance with the Promoter’s Privacy Policy, which is accessible at www.brandleaders.com.au.
16. 37.          In becoming a BrandLeaders Member, BrandLeaders Members agree to opt in to receiving communications from BrandLeaders and other reputable organisations. To opt out of such communications, you can take the following actions:

·         contact BrandLeaders to cancel your membership;

·         opt out of receiving communications by visiting www.yourprivacy.com.au;

·         contact the Promoter’s call centre to opt out of communications on 1300 362 616;

·         unsubscribe directly from BrandLeaders emails (Please note that unsubscribing from another organisation using their email list will not be sufficient);

·         contact the Australian Direct Marketing Association and let them know that you do not wish to be contacted by direct marketers; or

·         add your phone number(s) to the Do Not Call Register (this will only stop telemarketing to that number).

If you take one or more of these steps listed above to restrict marketing messages, BrandLeaders may exercise its right to cancel your membership to BrandLeaders, and remove all your membership privileges including aggregated points totals, and any access to instant wins and major draw prizes.

1. 38.          The Promoter is Pacific Micromarketing Pty Ltd (ABN 89 053 912 502) of Level 2, 210 Kings Way, South Melbourne VIC 3205. Phone number: (02) 9412 6054.

NSW Permit No.LTPS/10/1187 ACT Permit No. TP10/567