Intensify 2018 TERMS & CONDITIONS

  1. Information on how to enter and prizes form part of these terms and conditions. Participation in this promotion is deemed acceptance of these terms and conditions. These terms and conditions are binding on every person who enters.
  2. Entry is open to any resident of Australia (excluding ACT residents) aged 18 years and over who, acting as the authorised representative of any corporate entity, purchase and complete a special Network Ten Pty Limited (“Promoter”) Intensify 2018 package (“Package”). For the removal of doubt, the winner will be deemed as the person who signed the Network Ten Pty Limited Intensify 2018 Contract unless the corporate entity provides the Promoter with a letter within one (1) week of the draw date stating otherwise.
  3. Entries are limited to one (1) advertiser per package. However, advertisers are able to purchase multiple packages.
  4. An entry made on behalf of an entrant by a third party will be invalid.
  5. 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.
  6. The Promoter reserves the right to verify the validity of entries; disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these terms and conditions 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 believes or becomes aware that the winner and/or the winner’s entry breaches this clause.
  7. All employees of Boost Media International Pty Ltd and the Promoter and each of their group of companies and their immediate family members (including spouses, children, parents, brothers and sisters) are not eligible to participate. Boost Media International Pty Ltd is not a benefitting party.
  8. To receive entry into the promotion, entrants must ensure they complete their Package in accordance with the Package terms and conditions which are detailed in the Intensify 2018 brochure. Entrants must supply details including (but not limited to) name, address, phone number and e-mail address.
  9. All persons who purchase and complete their Package in accordance with the Package terms and conditions will be automatically entered into the draw, unless the Promoter receives written notice from that person stating otherwise.
  10. Entrants who cancel their Package without completing the full term are not eligible to be in the prize draw.
  11. To be eligible to be included in the draw, payment of accounts for all Packages must comply with the agreed payment/credit terms as at 17:00 AEDT on Friday 12 October 2018.
  12. Entries into the draw will be given for each Package deemed eligible under Clause 11 and will be awarded on the following basis:
    1. a) 1 entry for each Intensify 2018 ‘6 on-air-week’ Package purchased or for each ‘Custom’ package less than $40,000.
    2. b) 3 entries for each Intensify 2018 ‘12 on-air-week’ Package purchased or for each ‘Custom’ package equal to $40,000 or more.
  13. The promotion commences Sunday 7 January 2018 at 00:00 AEDT and closes on Friday 12 October 2018 at 17:00 AEDT.
  14. The draw will take place on Wednesday 17 October 2018 at 10:00 AEDT at Ansible Pty Ltd, Level 1, 16 Anster Street, Adelaide, SA, 5000. The winner will be notified in writing within two (2) business days of the draw and their name will be published on tenplay.com.au from Friday 19 October 2018.
  15. The first valid entry drawn will win the prize. The prize is a 2017 Lexus IS 200t Luxury (“Vehicle”). Prize includes twelve (12) months registration in winner’s state/territory of residence, standard fittings, twelve (12) months third-party compulsory insurance, stamp duty and dealer delivery. Total prize package is valued at up to RRP $66,929.00 depending upon the winner’s location. All optional extras and accessories, comprehensive insurance and any other insurance not stated, fuel, personal costs and all other ancillary or related costs are excluded. The winner must provide all information and sign all documentation necessary to enable the dealer to register the vehicle in the name of the winner prior to collection. Receipt of a prize vehicle is subject to the winner being able to lawfully take possession of the prize vehicle and comply with all registration and compulsory third-party insurance requirements of the state/territory in the state/territory the winner elects to register the prize vehicle. Vehicles depicted in all promotional material are not necessarily the same colour as the prize vehicle. The colour of the prize vehicle will be able to be chosen by the winner from the list of available colours as advised by the dealer at the time of selection. If the winner is not a resident of the Sydney Metropolitan Area, the prize vehicle will be available for collection from the dealership nominated by the Promoter nearest to the winner’s place of residence. Prize value is recommended retail drive away price given at Tuesday 13 June 2017 and the Promoter takes no responsibility for any change in value. Delivery of the prize will be in accordance with normal business operations of the nominated dealership. If the Vehicle is unavailable for any reason, the Promoter reserves the right to substitute another vehicle prize of equal or greater value for that prize subject to the approval of any relevant authority.
  16. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize vehicle.
  1. The Vehicle will be delivered immediately subject to stock availability and the winner acknowledges a firm order being placed with the dealer constitutes the winning of the Vehicle. The Promoter is not responsible for any damage or alterations to the Vehicle once it is won.
  2. The Vehicle is not transferrable, redeemable for cash or kind and must be taken as offered.
  3. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the Promoter’s requirements.
  4. 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.
  5. If the prize (or part of the 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.
  6. A second draw for the prize, if unclaimed, may take place on Friday 18 January 2019 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner (if any) will be notified in writing within two (2) business days of the draw and their name will be published on tenplay.com.au from Monday 21 January 2019.
  7. 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, including but not limited to technical difficulties, unauthorised intervention or fraud, 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.
  8. All decisions concerning any aspects or dispute connected in any way with the Intensify 2018 trade promotion will be made by the Promoter, whose decision is final. No correspondence or appeal will be entertained.
  9. 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.
  10. 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.
  11. All entries become the property of the Promoter. The collection, use and disclosure of personal information provided in connection with this competition is governed by the Promoter’s Privacy Policy, which can be found at tenplay.com.au/privacy. All entries submitted become the property of the Promoter. Entries will not be returned to any entrant.
  12. By entering the competition, the entrant consents to receive electronic communications from the Promoter. The entrant will be entered into a database and the Promoter will be entitled to use any of the entries for any purposes at its discretion, including (but not limited to) for any future promotion, marketing and publicity purposes. By entering the competition, the entrant consents to receipt of any email regarding the competition, and other emails which inform the entrant of the Promoter’s other publications, products, services and events and to promote third party goods and services it may be interested in. By entering the competition, entrants confirm that they allow their details to be used and shared for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact the Promoter on their details set out below. Any request to update, modify or delete the entrant’s details should be directed to the Promoter.
  13. 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.
  14. The Promoter shall reserve the right to use the names and/or photographs of the entrants as material for the purposes of advertising and publicity and the entrants shall not be entitled to claim ownership or other forms of compensation on the materials. It is a condition of entry that each entrant also provide the Promoter with any comments for press releases, photographs, video, media interviews, and at any announcement event as requested by the Promoter.
  15. The Promoter is Network Ten Pty Limited, ABN 91 052 515 250 of 1 Saunders Street, Pyrmont, NSW, 2009. You can contact the Promoter in relation to the promotion by mail to this address or by telephone to (02) 9650 1010.
Authorised under NSW permit no: LTPS/17/15030, SA permit no: T17/1074.

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Authorized under NSW permit no: LTPS/17/15030, SA permit no: T17/1074.

*Terms & Conditions apply.

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Intensify 2018 PACKAGE TERMS & CONDITIONS

The following Terms and Conditions apply to every advertisement you (“the Advertiser” or “you”) place with Multi Channel Network Pty Limited (ABN 72 077 436 974) (“MCN or us”) for transmission on free-to-air television channels, websites, web pages and web sections, interactive applications and services and mobile channels, each as owned, operated or managed by Network Ten Pty Limited (Subject to Deed of Company Arrangement)(Receivers and Managers Appointed) (ACN 052 515 250) (“Ten”) or any entity controlled by Ten from time to time (together, “Ten Media”), as part of the INTENSIFY package selected in the Booking Order. These Terms and Conditions and the Booking Order together form the “Advertising Agreement”. They cannot be varied or waived except as agreed by both parties in writing and signed by each party. MCN enters this Advertising Agreement and sells these services as agent for Ten.

Part 1 BOOKINGS
  1. All INTENSIFY bookings and requests made by the Advertiser to MCN are governed by the Advertising Agreement.
  2. You acknowledge that MCN enters into this Advertising Agreement as agent for Ten, and Ten is the principal at law in respect of the Advertising Agreement.
  3. MCN does not sell airtime for re-sale and reserves the right to cancel any re-sold time without notification to the Advertiser.
  4. No cancellation of airtime booking or early termination of the Advertising Agreement by the Advertiser is permitted.
Part 2 ACCEPTANCE
  1. All bookings and materials accepted by MCN are subject to the regulations and codes of Free TV Australia Pty Limited and the Australian Communications and Media Authority or its equivalent and other relevant industry bodies.
  2. MCN reserves the right to supply or discontinue the supply of any service to the Advertiser, including to refuse to broadcast or otherwise communicate any advertisement, provided that MCN considers it has reasonable grounds to do so., and in such case the Advertiser will be entitled to a pro rata refund of any airtime fees paid under this Agreement in respect of any advertisements that have not been broadcast before or on the date of termination. Without limiting the above, MCN reserves the right to refuse to accept for transmission any advertisement which does not include a Commercials Advice Pty Limited (CAD) number.
Part 3 RATES
  1. The advertising rates for advertisements included in the INTENSIFY package purchased will be as specified in the Booking Order.
Part 4 PAYMENT
  1. Advertisers must pay MCN the full price in accordance with the Booking Order.
  2. If MCN has approved the Advertiser’s Credit Application Form for the MCN 30-day credit facility, payment is due within 30 days of the date on the invoice, in accordance with the Credit Application Form.
  3. If the Advertiser has selected the 100% up-front payment on the Booking Form, the non-refundable holding deposit of the value of two on-air weeks must be paid by 15 December 2017 and the balance is due two weeks prior to the date the first advertisement will be broadcast during the first on-air week.
  4. If the Advertiser has selected the instalments via credit card payment option on the Booking Form, the first instalment of the value of one (1) on-air week must be paid no later than 15 December 2017. Subsequent instalments are payable in advance on the 20th of each month preceding each on-air week.
  5. Clauses 4.2, 4.3 and 4.4 above do not apply to Agency Advertisers (advertising or media agencies), who must pay in accordance with their usual Agency Terms.
  6. MCN is not obliged to air or otherwise communicate any advertisement for which it has not received advance payment.
  7. You acknowledge that if you are liable to pay fees in respect of this Advertising Agreement and you receive a written notice (“Payment Notice”) from Ten requiring you to pay those fees to Ten instead of to us, you must do so in compliance with that Payment Notice. If you pay Fees to Ten pursuant to a Payment Notice, we acknowledge that such payment is in full discharge of your obligation to pay us those fees under this Advertising Agreement.
Part 5 REPRESENTATIONS AND WARRANTIES
  1. Advertisements are accepted for transmission and communication on the condition that the Advertiser represents and warrants to MCN that:
    1. a) you have obtained all consents for us to use and reproduce the content of the Advertisements for the purposes of this Advertising Agreement, and
    2. b) no material, statement, information or matter contained in the advertisement: (i) constitutes a violation of any existing copyright or trade mark or a breach of confidence or other intellectual property right of any person; (ii) contains anything obscene, indecent, defamatory, racist, unlawful, abusive, immoral, offensive, pornographic or objectionable, or in contempt of any court, Parliament, tribunal or royal commission; (iii) infringes, or the broadcast or other communication of it in any way infringes, the Commercial Television Industry Code of Practice, Competition and Consumer Act 2010 (Cth), Broadcasting Services Act 1992 (Cth), the Consumer Credit Code, the code of any industry association or equivalent or any other statute, regulation or law whatsoever including as a result of changes to the previously mentioned codes or legislation.
Part 6 PACKAGE PRODUCED ADVERTISING MATERIAL
  1. In the event the Advertiser requests the advertising material to be produced by MCN as part of this Intensify booking, MCN will produce at its own cost one (1) x fifteen (15) second TVC (the production value will be no more than $5,000) (“Package Produced Advertising Material”). MCN reserves the right to engage subcontractors to assist in the creation of the Package Produced Advertising Material. You must provide MCN with all trademarks, logos, images and content (“Your Content”) you wish to be included in the Package Produced Advertising Material within the lead-time that MCN advise you is necessary, and Your Content is subject to the warranties in clause 5.1. Any and all creative aspects and decisions pertaining to the production of the Package Produced Advertising Material shall be in the discretion of MCN absolutely (including, without limitation, the selection and inclusion of materials incorporated into the Package Produced Advertising Material).
  2. Package Produced Advertising Material is produced at no additional cost to or charge only for Advertisers who complete their package in accordance with the Advertising Agreement and are not in breach of the Advertising Agreement. Advertisers who do not complete their package in accordance with the Advertising Agreement are liable to pay MCN $5,000 for every fifteen (15) second TVC produced by MCN as part of a package and $6,000 for every thirty (30) second TVC produced by MCN as part of a package.
  3. Any additional advertising material so required by the Advertiser to be produced will be subject to such fees as may be charged by MCN and notified to the Advertiser.
  4. If the Advertiser wishes to upgrade or make any special requests on the advertising materials (“Upgraded Advertising Material”) that would, in MCN’s sole opinion acting reasonably, result in the production cost exceeding $5,000, then the Advertiser must pay MCN for such additional cost (which will be agreed upon between the parties) within such period reasonably prescribed by MCN.
  5. The Advertiser grants to MCN (for the avoidance of doubt, as Ten’s agent) a worldwide, royalty free, exclusive, irrevocable licence to include Your Content in the Package Produced Advertising Material and Upgraded Advertising Material.
  6. All Package Produced Advertising Material must be used or aired on Ten Media by the Advertiser prior to 31 December 2018 and, subject to clause 6.8, cannot be aired or communicated on any other media without MCN’s written consent. If it is not used or aired on Ten Media by this date and Advertiser is otherwise in breach of the Advertiser Agreement, then the Advertiser will not be entitled to receive Package Produced Advertising Material at no charge and will be liable to pay MCN $5,000 for every fifteen (15) second TVC produced by MCN as part of a package and $6,000 for every thirty (30) second TVC produced by MCN as part of a package.
  7. As between the Advertiser and MCN, MCN will own all intellectual property rights in the Package Produced Advertising Material and any material owned, used or created by MCN (or created on our behalf) in connection with the provision of the Package Produced Advertising Material (“Our Content”), other than Your Content. Our Content does not, and will not, form part of Your Content.
  8. Provided that the Advertiser has completed their package in accordance with the Advertising Agreement and otherwise has complied with and is not in breach of the Advertiser Agreement, then MCN consents to the use of Package Produced Advertising Material being aired or communicated on media other than Ten Media after 31 December 2018.
  9. Notwithstanding anything stated in this Agreement, MCN do not guarantee that any particular results or outcomes will be achieved from the Package Produced Advertising Material.
Part 7 POSITIONING
  1. The placement of each advertisement is subject to availability at the time of booking and may be altered at the reasonable discretion of MCN.
  2. All material for broadcast or other communication must be delivered to MCN at least 72 hours prior to the scheduled time of transmission. If this condition is not complied with MCN may substitute another advertisement or not transmit the advertisement and charge the Advertiser in full for the relevant advertisement spot.
  3. If the first or last advertisement position in an advertising break is required, a loading on the applicable rate for the program may apply.
  4. If the first or last position in an advertising break is not specified the position will be, as far as possible, evenly rotated.
Part 8 GST
  1. All fees, rates, airtime bookings and other payments specified under the Advertising Agreement are exclusive of GST.
  2. The Advertiser will pay all taxes, duties and other government charges payable or assessed, including without limitation goods and services tax, upon receipt of a tax invoice.
Part 9 LIABILITY AND INDEMNITY
  1. Neither MCN, Ten, each of their related bodies corporate nor any of their respective officers, employees or agents (together, “Media Parties”) are liable for loss or damage howsoever caused in respect of the broadcast or other communication of any advertisement (including the alteration, delay or omission of a broadcast or other communication), whether it occurs by mistake, transmission failure or otherwise, except to the extent that such loss or damage is caused by MCN’s or Ten’s gross negligence or wilful illegal misconduct.
  2. None of the Media Parties are liable for any indirect or consequential cost, loss or damage that the Advertiser may incur relating to or arising out of the broadcast or other communication of an advertisement (including the alteration, delay or omission of a broadcast or other communication).
  3. The Advertiser agrees not to bring or be party to any claim against any of the Media Parties in relation to the broadcast or other communication of an advertisement (including the alteration, delay or omission of a broadcast) in connection with this Advertising Agreement, except that nothing in this clause 9.3 prevents the Advertiser bringing any such claim to the extent it concerns MCN’s or Ten’s gross negligence or wilful illegal misconduct.
  4. If Clause 9.2 and/or Clause 9.3 is severed from these Terms and Conditions, the liability of all of the Media Parties in aggregate for contract, tort (including negligence or breach of statutory duty) or otherwise, will be limited to the amount paid by the Advertiser for the advertisement.
  5. To the maximum extent permitted by law, this agreement excludes and none of the Media Parties will be liable for any representations, warranties, conditions, terms, undertakings and obligations (whether contained in any other document or implied by statute, common law, custom, trade usage, course of dealing or otherwise) in relation to or in connection with goods or services provided pursuant to the Advertising Agreement. To the maximum extent permitted by law, the Media Parties’ aggregated liability to the Advertiser for breach of a term or condition implied by law or otherwise is limited, at MCN’s option, to the resupply of the services (or part thereof) or payment of the cost of the resupply of those services (or part thereof).
  6. The Advertiser agrees to indemnify and keep indemnified each of the Media Parties (“Indemnified”) against all claims, demands, damages, costs, penalties, suits and liabilities (“Loss”) of any nature howsoever caused, whether by negligence or otherwise, incurred by the Indemnified or which may be incurred by the Indemnified relating to or arising out of: (i) the transmission of the advertisement (except to the extent that such Loss is caused by gross negligence or wilful illegal misconduct by MCN or Ten); or (ii) the Advertiser’s own breach or non-performance of any warranty or representation given or any term in the Advertising Agreement.
  7. MCN accepts the benefit of the releases, limitations, indemnities and other rights granted to the other Media Parties under this Advertising Agreement on behalf of such other Media Parties.
Part 10 TERMINATION
  1. MCN may terminate the Advertising Agreement and any other agreement it has with the Advertiser:
    1. a) if the Advertiser fails to comply with any provision of the Advertising Agreement;
    2. b) if the Advertiser has an administrator, liquidator, receiver or similar official manager appointed to it or if it resolves to wind up or is the subject of a winding up order;
    3. c) if the Advertiser or any company associated with the Advertiser enters into a scheme or arrangement with the Advertiser’s creditors or otherwise display evidence of financial insecurity; or
    4. d) upon giving the Advertiser 14 days’ written notice, and in such case the Advertiser will be entitled to a pro rata refund of any airtime fees paid under this Agreement in respect of any advertisements that have not been broadcast before or on the date of termination.
  2. The Advertiser may not terminate the Advertising Agreement or cancel any of the advertisements included in the INTENSIFY package purchased, under any circumstances.
Part 11 GENERAL
  1. The Advertising Agreement is governed by the laws of New South Wales and the Advertiser consents to the exclusive jurisdiction of the courts of New South Wales and agrees to issue any proceedings in those courts.
  2. If any provision of the Advertising Agreement is found invalid or unenforceable then those provisions will be ineffective to the extent only of such invalidity or unenforceability and the other provisions will remain in force.
  3. In these Terms and Conditions, unless the contrary intention appears:
    1. a) words importing the singular include the plural and vice versa;
    2. b) headings do not affect the interpretation of the Advertising Agreement; and
    3. c) the words “include” and “including” and their grammatical variations are not words of limitation.
  4. All notices and claims to MCN relating to the Advertising Agreement must be made in writing to the attention of the Commercial Director, Multi Channel Network Pty Limited, Level 6, 60 Union Street, Pyrmont NSW 2009 with a copy sent to legalnotices@networkten.com.au.
  5. MCN will use the Advertiser’s personal information:
    1. a) to perform the Advertising Agreement;
    2. b) in accordance with MCN’s Privacy Policy available at http://www.mcn.com.au/privacy-policy
  6. The Advertising Agreement contains the entire agreement between the parties concerning the subject matter of the Advertising Agreement, and the Advertising Agreement supersedes any other agreements, warranties, undertakings, terms or representations concerning the subject matter of the Advertising Agreement.
Part 12 BONUS WEEK OF ADVERTISING IN A 12-WEEK PACKAGE
  1. Advertisers who purchase a twelve (12) on-air-week package will be entitled to receive the 12th week of that 12-week on-air advertising package at no charge (the Bonus Week) provided that:
    1. a) the eleven (11) payable on-air weeks of that 12-week on-air package have gone to air; and
    2. b) the Advertiser is up to date and compliant with payment terms and commitments under the Advertising Agreement for those eleven (11) payable on-air weeks of the package.
  2. The one (1) x Bonus Week of on-air advertising is only valid and available for use as the 12th on-air-week in a 12 on-air-week package and the Advertiser must be up to up to date with payment terms and commitments under the Advertising Agreement after eleven payable on-air-weeks have gone to air.
  3. The one (1) x Bonus week of advertising cannot be redeemed for cash or combined with any other offer.