Terms and Conditions for Waves Black Knight 2009

1. Information on how to enter forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions.
2. Entry is only open to Australian residents aged 18 years. Employees of Next Media Investments Pty Limited, Wolseley Media, their advertising agencies, newsagents, subagents, respective employees and their immediate families are ineligible to enter.
3. The competition commences on Wednesday 17 December, 2008 and concludes on 15 May 2009.
4. This is a game of skill. Chance plays no part in determining the winner.
5. To enter, entrants must vote for a surfer and write in 25 words or less why they believe the surfer for whom they’ve voted deserves to be the next Waves Black Knight. Entrants may cast multiple votes for multiple surfers.  Each entry will be individually judged based on creative merit by the Waves magazine editorial team.  The judges' decision is final and no correspondence will be entered into.
6. The judges reserve the right to disqualify any entrant submitting an entry which, in the opinion of the judges, includes objectionable content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language. The judges' decision will be final and no correspondence will be entered into.
7. Unless otherwise stipulated, all other costs that are associated with redeeming the prize is the responsibility of the winner.
8. All entries must be the original independent creation of the entrant and free of any claims that they infringe any third party rights. Entries must not have been published previously and/or have been used to win prizes in any other competitions.
9. The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery 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.
10. 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.
11. The prize will be announced on the site on 1st July, 2009.
12. Total prize value will be announced on the site shortly.
13. Prizes cannot be transferred and cannot be redeemed for cash.
14. 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.
15. The promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the promoter determines, in their absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the prize. 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.
16. Once prizes have left the Promoter’s premises, the Promoter and any companies associated with this promotion take no responsibility for prizes damaged, delayed or lost in transit.
17. 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.
18. 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.
19. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.
20. 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 Promoter.
21. Subject to any written direction given under regulation 37 of the Lotteries and Gaming Act 1993 (SA), an unclaimed prize draw will take place at Wolseley Media, Level 3, 55 Chandos Street, St Leonards NSW 2065 on 19 May 2009 at 11.00 AEST and will have their details published in the August 2009 issue of Waves Magazine.
22. The promoter’s decision is final and the promoter will not enter into correspondence regarding the Competition result.
23. 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.
24. 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.
25. 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 telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
26. 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.
27. A request to access, update or correct any information should be directed to the Promoter.
28. All entries become and remain the property of Wolseley Media. Wolseley Media  may use the entrants' names and addresses for promotional, marketing and publicity purposes.
29. Wolseley Media and Waves Magazine 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 alterations of entries, and reserves the right to take any action that may be available. If for any reason the Competition is not capable of running as planned, due to causes including, but not limited to tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of Wolseley media which corrupt or affect the administration security, fairness, integrity or proper conduct of the Competition, Wolseley Media  reserves the rights 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 State Regulation.
30. The Promoter is Wolseley Media Pty Ltd, 55 Chandos Street St Leonards NSW, 2065 ABN: 84 128 805 970.