Mazda

NEW GENERATION MAZDA3 GAME OF SKILL
MARIE CLARE SUBSCRIPTION COMPETITION
TERMS AND CONDITIONS

Acceptance of conditions

1. Information regarding prizes and how to enter forms part of these conditions. By entering, entrants accept these conditions.

Restrictions on entry

2. Entry is open only to Australian residents aged 18 or over, except directors, management and employees (and the immediate families of directors, management and employees) of Mazda Australia Pty Limited (and its related corporations) and Mazda Australia Pty Limited's advertising and sales promotion agencies.

Duration of competition

3. The competition begins on 16 January 2009 @ 00.01 AEDT and closes 26 February 2009 11.59 AEDT (Competition Period).

Method of Entry

4. To enter, consumers must follow instructions in the SMS text message to visit http://y7.2mymob.com /mazda and complete and submit the entry form. This includes entering what best describes the new generation Mazda3 in 3 words.

5. Entries must be received during the Competition Period.

6. Consumers may only enter this competition once each.

7. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over mobile telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.

Judging of entries

8. Entries not fully complying with these conditions of entry may be deemed invalid at the Promoter's discretion. This is a game of skill; chance plays no part in determining the winners. Each valid entry will be individually judged (by representatives of the Promoter) based on, among other things, literary and creative merit. The judges' decisions are final and no correspondence will be entered into.

Intellectual property

9. All entries become the property of the Promoter and will not be returned to the entrant. Each '3 words' statement must be the entrant's original work. By entering this competition entrants:

(a) consent to the Promoter making and publishing copies of the whole or any part of their entry (including the '3 words' statement) and otherwise exploiting the entry and any rights in relation to the entry, to publicise this competition or for any other purposes; and

(b) undertake to the Promoter that their entry is not, and its use by the Promoter will not be, in breach of any third party intellectual property rights.

Prize details

10. At the end of the Competition Period, the best entrant, as determined by the judges, will win a 3 years free subscription to Marie Claire (Major Prize).The Major Prize is valued at $150 (inc GST).

Publicity

11. The winner must, at the Promoter's request, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and the Promoter may use their name and image in promotional material.

Age restrictions

12. If the winner of the prize is under the age of 18 years at the date of the winning entry being selected, the prize will be awarded to the winner's parent or guardian.

Notification of winners

13. The winner of the Major Prize and minor prizes will be selected on Monday 2 March 2009 and notified by mobile within 14 working days.

Awarding prizes

14. The Promoter may require the winner to provide proof of identity, proof of age and proof of residency at the nominated prize delivery address. Identification considered suitable for verification is at the Promoter's discretion.

Disqualification of entries

15. The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this competition by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the competition or acts in violation of these conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.

Changes in prize value

16. The Major Prize is not transferable or exchangeable and cannot be redeemed for cash. In the event for any reason 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 supplied in lieu of that element of the prize. The Promoter accepts no responsibility for any variation in prize value. Where the prize is unavailable for any reason, the Promoter may substitute for the prize another item of equal or higher value as determined by the Promoter.

Unclaimed prizes

17. If the winner of the Major Prize is unable to be located or the Major Prize remains unclaimed by 26 March 2009, that winner's entry will be deemed invalid and the Promoter reserves the right to distribute the prize to the next best valid entry that has not already received a prize.

Exclusion of liability

18. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with this competition or accepting or using the prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

19. Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage in transit to the prize.

Problems affecting competition

20. If for any reason any aspect of this competition is not capable of running as planned, including by reason of infection by computer virus, mobile network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries.

Tax statement

21. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this competition results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office's stated view that where the parties are at arm's length, goods and services exchanged are of equal GST inclusive market values.

Privacy statement

22. All entries will be the property of the Promoter. The information entrants provide will be used by the Promoter for the purpose of conducting this competition. The Promoter may disclose entrants' personal information to its contractors and agents to assist in conducting this competition or communicating with entrants. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Entrants can request access to the personal information the Promoter holds about them by contacting the Promoter at the below address.

23. Entrants consent to the storage of their personal information on the Promoter's database and the Promoter may use this information for future promotional and marketing purposes regarding the Promoter's products including contacting the entrant via electronic messaging.

Promoter's details

24. The Promoter is Mazda Australia Pty Limited, ABN 78 004 690 804, of 385 Ferntree Gully Road, Mt. Waverley, Victoria 3149.