COSMOPOLITAN COMPETITION – EROTIC FICTION
WIN! YOUR OPPORTUNITY TO BECOME AN AUTHOR!
1. Instructions on how to enter the Cosmopolitan erotic fiction competition (the “Competition”) and prizes form part of conditions of entry. Participation in the Competition is deemed acceptance of these terms and conditions of entry.
2. Entry is open to residents of Australia aged 18 years and over. Employees of the Promoter and their immediate families and agencies associated with this promotion are ineligible to enter.
3. The Competition commences on July 06, 2015 and closes at 11:59pm (AEST) on August 31, 2015 (“Competition Period”). The judging will be done by a panel of judges appointed by the Promoter. The judging will take place at Bauer Media, 54 Park Street, Sydney NSW 2000 and will begin on September 1, 2015. The winners will be notified in writing via email using the email address given at the point of the entry.
4. To enter, individuals must during the Promotional Period, visit http://www.cosmopolitan.com.au/win/, and follow the prompts to email their full name, address, daytime telephone number, current valid email address and submit an original piece of erotic fiction (erotica / erotica literature) up to 1500 words (the “Story”) and submit the entry as instructed.
5. Multiple entries are permitted subject to each entry must be submitted separately, must be substantially unique AND the entry must not be, without limitation:
k) pornographic to the detail that is deemed to be to obscene, indecent, crude or improper;
n) racially or ethnically offensive;
- o) capable of encouraging of conduct that would be considered a criminal offence;
p) capable of violating any law;
q) capable of giving rise to civil liability.
- Each Winner warrants to the Promoter that the Story submitted:
- is an original artistic work;
- does not contain gratuitous or very detail realistic descriptions of sexual activity;
- does not infringe copyright, trademark, obligations of confidentiality or other legal rights of any person; and
- does not contain anything which may give rise to any cause of action by a third party against the Promoter, including material which is defamatory or obscene or which otherwise causes injury or damage to any person.
- Any entry which the judges deem inappropriate will be invalid. Each Winner indemnifies the Promoter, its officers, employees, agents and affiliates (and their employees and agents) (each an “Indemnified Party” and together the “Indemnified Parties”) against any action, claim, loss, expense or cost, suffered or incurred, whether directly or indirectly, by the Indemnified Parties as a result of breach by the Winner of these terms and conditions (including the warranties set out above) or otherwise arising from publication of the Story or otherwise in connection with this Competition.
- As a condition of entry into this promotion, each entrant licenses the Promoter to use their entry (including but not limited to their submitted story) in any media for an unlimited time for the purpose of conducting the Promotion (including but not limited to future marketing of Cosmopolitan Australia).
- By entering this Promotion, each entrant warrants to the Promoter that they are not currently working in the publishing industry (or are currently under contract with a publisher), are not a professional writer currently employed with an Bauer Media Pty Ltd competitor, that they have been recognized previously as an established journalist / writer, that their work (as submitted) has never been published in any nationally circulated publication and the entry (including but not limited to any written material provided) and any other work subsequently submitted is an original artistic work of the entrant which does not infringe rights of any third party.
- It is a condition of entering the Promotion that the entrant warrants to the Promoter that they understand that any arrangement entered into in relation to the publication of their entry does not create a relationship between the winner and the Promoter of employer and employee, principle and agent, partnership or joint venture.
- This is a game of skill, chance plays no part in determining the winner. Each entry will be individually judged based on its literary and creative merit of the story provided and suitability to the promotion. The judges’ decision in relation to any aspect of the competition will be final and binding on every person who enters. No correspondence will be entered into.
- The Entrant warrants to the Promoter that the entry submitted is an original artistic work of the Entrant that does not infringe the rights of any third parties. If the entry or any part of the information provided to the Entrant in relation to the entry was provided by a third party, the Entrant warrants that they have obtained the relevant copyright permission to submit the entry for the purposes of this promotion. The entrant agrees to indemnify the promoter against all claims and costs by third parties arising from a breach of the warranty set out in this condition.
- The Promoter is entitled to use any of the entries submitted in any manner and for any purpose at its absolute discretion, including using the entries for future promoter’s or their agents book publications, promotional, marketing and publicity purposes without any further reference or payment or other compensation to the entrant. The promoter is entitled to amend, edit, select, crop, retouch, add to or delete from any part of the submitted entry.
- Entries must not be offensive, defamatory or racist. Any entry which the judges deem inappropriate will be invalid. The entrant agrees to indemnify the Promoter.
- 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. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- The best three (3) valid entries, as determined by the judges, will each be deemed a major prize winners and receive the following:
- i. One (1) feature, including the major prize winner’s name and Story, in the December issue of Cosmopolitan magazine (on sale November 02, 2015); and
- ii. One (1) feature, including the major prize winner’s name and Story, in the Cosmopolitan Erotic Fiction e-book on-sale [insert date] and available [insert distribution channels] (“Cosmo E-Book”).
The next best seventeen (17) valid entries, as determined by the judges, will each be deemed a runner up prize winners and receive:
One (1) feature, including the runner up prize winner’s name and Story, in the Cosmo E-Book
- By participating in the Competition and submitting the Story, each Winner assigns all rights in the Story to the Promoter and consents to the Promoter using the Story in any manner the Promoter wishes (including modifying, adapting or publishing the Story, whether in original or modified form, in whole or in part or not at all), by way of all media, without payment to the entrant (of royalties, compensation or otherwise). By participating in the Competition, each Winner consents to any dealings with the Story that may otherwise infringe their moral rights in the Story, including publication of the Story without attribution to the Winner. Without limitation, the Promoter may, and may authorise third parties to: reproduce or copy the Story (including digitally for the Cosmo E-Book); communicate the Story to the public (including, without limitation, by making it available online in the Cosmo E-Book and on the Cosmopolitan website); first publish the Story and adapt the Story.
- Entrants must not do anything to bring the Competition, Cosmopolitan magazine or the Promoter into disrepute.
- The Promoter reserves the right to disqualify an entrant if, in their complete discretion the Promoter deems that the entrant’s continued involvement in the Competition will (in any way) adversely affect the Competition, Cosmopolitan magazine or the Promoter. No correspondence will be entered into.
- The Promoter is neither responsible nor liable for late, lost or misdirected entries, or entries not received by the Promoter for any reason whatsoever. No responsibility will be taken by the Promoter in the event that the original Story is lost or damaged in editing.
- Each entrant agrees to inform the Promoter, before acceptance of any Winner status related to this Competition of any unspent criminal convictions of any kind subsisting at the date of entry and will notify the Promoter immediately if there are any criminal charges brought against them after the date they submit an entry up to and including the date the Winners are announced.
- It is a condition of accepting the prize that the Winners agree to be interviewed, photographed, filmed at any time by the Promoter for a story or feature on this Competition to be developed and featured in Cosmopolitan Magazine, website, social media pages (or any other form of media it deems suitable) without further remuneration or reference to the participant. Details may feature Cosmopolitan Magazine/website/social media pages on a date to be determined by the Promoter. The inclusion of any such feature (including but not limited to creative control of the feature) will remain with the Promoter at all times.
- Prize must be taken as offered. The prize, or any unused portion of the prize, is not exchangeable or cannot be redeemed as cash. The prize cannot be used in conjunction with any other special offer.
- In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including but not limited to natural disaster)the Promoter reserves the right to subject to reference to all relevant state and territory rules and regulations, to cancel, terminate, modify or suspend the promotion.
- If a medical circumstance in some way restricts your ability to enter the competition through the required mechanic, you are still eligible to enter however you must briefly state your circumstances upon entry.
- If your entry is selected as a winning entry, validation of your circumstances/ the validity of your entry will be undertaken by the Promoter. Method of validation (without limitation) will be determined by the Promoter in its complete discretion. If the winning entry is deemed to be a winner, the winner will be notified as per the terms and conditions herein. In the event that the Promoter requests the entrant to sign any legal documents relating to the verification of their medical circumstance, the legal documents will take the form determined by the Promoter. It is a condition of accepting the prize the winner sign any such legal documentation.
- Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
- Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective 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 promotion.
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) 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; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize.
- If this promotion 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 entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
- The Promoter is Bauer Media Pty Ltd (ABN 18 053 273 546) of 54 – 58 Park Street, Sydney, NSW 2000. Phone: 02 9282 8000.
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