LIFE BY DESIGN PTY LTD

$5000 Service Giveaway: TERMS AND CONDITIONS

Information on how to enter forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions.

Entry is open to all residents of Australia. However, employees and their immediate families of Life by Design Pty Ltd, and their associated agencies and companies are not eligible to enter.

The competition commences on 01 October 2007 at 06:01 (AEST) and concludes on 30 October 2008 at 23:59 (AEST).

To enter, participants must log onto www.LifebyDesign.com.au and sign up to become a subscriber of the weekly LifebyDesign.com.au email newsletter and register (but not limited to) their name, address, daytime phone number and email. Upon clicking on the submit button participants will then be entered into the promotion.

Entrants under the age of 18 must obtain the prior permission of a parent or guardian over the age of 18 to enter.

The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.

Entries must be received by 23:59 (AEST) on 30 October 2008 to be included in at least one draw. The time of entry will in each case be the time the online entry is received by Life by Design Pty Ltd database. The Promoter accepts no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason.

The cost of accessing the promotional website will be dependant on the entrant’s individual Internet Service Provider.

The prize includes $5000 worth of Life by Design services.

Total maximum prize pool value = $5,000

If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State Regulation.

In consideration for the Promoter awarding the prize to the winner, the winner hereby assigns to the Promoter all right, title and interest in and to all copyright in any material created pursuant to the winner’s participation in any aspect of the prize (Works). The winner acknowledges that the Promoter is free to use the Works and to exercise its rights in relation thereto and the winner will not be entitled to any fee for such use.

In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with Life by Design, www.LifebyDesign.com.au or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.

In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.

Prize values are based upon the recommended retail prices at the time of printing (inclusive of GST). The promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.

Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.

The winners will be notified by telephone on the same date they are drawn and will also be sent an email advising them of their prize. Prizes will only be awarded to the account holder of the entry mechanism used to submit their entry (i.e. mobile phone account holder or land line account holder). The winner will therefore be, in each case, the account holder.

Should an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.

The promoter’s decision is final and the promoter will not enter into correspondence regarding the Competition result.

It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements.

It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the promoter in its absolute discretion.
In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any written directions given under State Regulation.

The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.

The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

Life by Design Pty Ltd and their associated agencies and companies assume 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, and reserves the right to take any action that may be available.

If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any written direction given under State Regulation.

All entries become the property of the Promoter. The Promoter collects personal information about you to enable you to participate in this promotion but no further use of this information will be made without prior consent.

Life by Design Pty Ltd, is collecting the entrant's personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winner).

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.

The Promoter is Life by Design Pty Ltd