By submitting an entry into this Promotion, entrants warrant that they have read, understand and agree to be bound by these Terms and Conditions and the Terms and Conditions Schedule, including any special conditions set out in Item 15: Other Conditions. To the extent that there is any inconsistency between the Terms and Conditions Schedule and these Terms and Conditions, the Terms and Conditions Schedule will prevail. References in these Terms and Conditions to Items are references to the corresponding Item in the Terms and Conditions Schedule.
DURATION Entry into this Promotion will occur in accordance with Item 5: Promotion Registration Dates and Times and Item 6: Promotion Contesting Dates and Times.
ELIGIBILITY Entrants must at all times comply with Item 7: Entrant Restrictions. Those entrants who have not complied with Item 7: Entrant Restrictions will be disqualified. Employees and their immediate families of the Promoter and its related bodies corporate are ineligible to enter. Employees and their immediate families of all associated sponsors and participating companies are also ineligible to enter. Entrants warrant that they are entering the Promotion in a wholly private nature and are not entering on behalf of a business or enterprise activity they are involved in.
METHOD OF ENTRY Entrants may enter this Promotion is accordance with Item 8: Method of Entry. Those entrants who have not complied with Item 8: Method of Entry will be disqualified. Inaudible, incomplete, incomprehensible or late entries (whichever is applicable) will not be eligible and will be disqualified. The Promoter reserves the right to disqualify any entry which in the opinion of the Promoter includes any content which may be unlawful, profane, inflammatory, defamatory and/or damaging to the goodwill or reputation of the Promoter. Any person who is discovered to have used or attempted to use more than one name in entering the Promotion will be disqualified from participating in the Promotion and/or redeeming a prize. Unless otherwise stated in these terms and conditions, no person may enter this Promotion more than once and persons may not enter or participate in it on behalf of any third party. All entrants acknowledge that the Promoter may rely on clauses 4.3 and 4.4 even after the Promoter has awarded or appeared to have awarded the prize to a person or after a person is announced as the prize winner. The Promoter reserves its rights to require return of the prize, or payment of its value, to the Promoter if this occurs. Should an entrant’s contact details change during the Promotion Period, it is the entrant’s responsibility to notify the Promoter. A request to access or modify and information provided in an entry should be directed to the Promoter at its address identified in Item 3: Promoter. Should an entrant be required to submit a third party’s personal information, as a part of entry into or participation in this Promotion, each entrant must ensure that any other person whose details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this Promotion has given their implied or expressed consent: for the details to be provided to the Promoter and any of its related bodies corporate; for that information to be used as intended in this Promotion; and to be contacted by the Promoter or any of its related bodies corporate in relation to this Promotion. Should the Promotion require the entrant to submit a photograph or other material as a part of entry into or participation in this Promotion (“Submission”), the entrant warrants in relation to any Submission: that it does not contain any material that is unlawful or fraudulent or that may be in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, politically incorrect, violent, abusive, harassing, threatening, racist, ageist, sexist or otherwise unsuitable for publication; they will only submit material which they have personally created or have the right to submit; the Submission shall not contain viruses or cause injury or harm to any person or entity; if their Submission depicts any person other than the entrant, the entrant has obtained that person’s consent to inclusion in their entry for the purposes of this promotion; that it complies with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems; they have the full authority to grant to the Promoter the rights referred to in these Terms and Conditions; and they will indemnify the Promoter against all costs and claims by third parties arising from a breach of the warranties contained in these Terms and Conditions. Entries submitted via SMS, email or other electronic means are deemed to be received at the time of receipt into the Promoter’s database not at the time of transmission by the entrant. If this Promotion involves: Entry via a phone call, each call is charged at no more than 55 cents (including GST) from a fixed phone. Calls may attract a higher rate from mobile or public phones; or Entry via SMS, each SMS is charged at 55 cents (including GST). To enter, entrants will need a compatible mobile phone connected to a service provider that permits text messaging to the abovementioned premium SMS number. It is recommended that entrants check with their individual service provider in this regard; or Entry via the internet, entrants are responsible are responsible for their own costs associated with accessing the Internet. Should the Promotion involve voting, the accuracy of the polling results receive and published by the Promoter is final and binding and no correspondence will be entered into.
DETERMINING PRIZE WINNERS If the prize is awarded by judging, the judging will take place in accordance with Item 9: Judging Details. If the prize is awarded via a prize draw, the draw will take place in accordance with Item 10: Draw Details. Subject to State regulations, in the event that the Promoter becomes aware that the same person has been selected as a prize winner more than once, the Promoter will cause another name to be drawn/selected in their place.
PRIZES All prizes are awarded in accordance with Item 11: Prize Details. All prize values are the recommended retail value as provided by the supplier, are in Australian dollars and are correct at the time of printing. The Promoter takes no responsibility for variations in the prize value. Should the prize included tickets to an event at which alcohol will be served (“the Event”) the prize winner and each guest of a prize winner must be aged 18 years or over. Minors are not permitted to attend the Event. All prize winners and their guests must vary valid photo identification with them at all times during the Event. If alcohol is made available as part of the prize at the Event, then this will be provided subject to the principles of responsible service of alcohol as exercised by the staff and management of the premised at the Event takes place. The premises staff and management reserve the right to refuse service of alcohol to any prize winner or their accompanying guest should they be deemed to be intoxicated.
PRIZE CONDITIONS The Promoter does not warrant the merchantability, suitability and/or fitness for purpose of any goods and/or service awarded as a prize. No other costs will be included and all expenses (including, but not limited to, the costs of transport to and from a prize venue and meals), other than those specifically referred to in item 11: Prize Details, will be at each winner’s and (if applicable) their accompanying guest’s cost. Any accommodation is for room charges only. All prizes are subject to availability, non transferable and non exchangeable, must be used on any dates specified in these terms and conditions, by the Promoter and/or the prize provider and are not redeemable for cash unless cash is specified. Specifically, prizes may not be valid during school holidays or other peak times designated by the prize supplier. If a prize is in the form of a gift card or voucher, the prize is subject to any conditions specified by the issuer. The Promoter shall not be liable for any gift card or voucher that has been lost, stolen, forged, damaged or tampered with in any way. If a prize winner does not take any element of a 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 prize or any part of it. It will be each winner’s and (if applicable) their accompanying guest’s responsibility to take out all relevant insurance (including but not limited to travel insurance) which may be required or prudent to be taken (at their own cost). Where a prize involves a “meet and greet” element, the meet and greet with the celebrity/public figure will be at the discretion of the celebrity/public figure’s management and will at all times be subject to availability of the celebrity/public figure. The Promoter will not be liable for the failure of the winner and any accompanying guests to meet the celebrity/pubic figure for whatever reason, and no cash or alternative tickers will be awarded in lieu of that element of the prize. The Promoter reserves the right to exclude any persons from the Promotion, for the safety of the Promoter’s staff members or others or for any other reason, for example bringing the Promoter’s brand into disrepute. The Promoter also reserves the right to disqualify contestants if: a contestant at any stage engages in, causes or incites physical violence, inappropriate, illegal, unsocial or unsafe behaviour; and/or the safety of any of the Promoter’s staff members is compromised. The Promoter will not award the prize if the Promotion is terminated for whatever reason.
NOTIFICATION All prize winner(s) will be notified either: In writing By telephone Details of prize winners will be published in accordance with Item 12: Prize Winner Publication Details, if applicable.
PRIZE COLLECTION Prize winners will be required to collect their prize from the Promoter at the address listed in Item 3 of the Terms and Conditions Schedule unless otherwise stated in item 11: Prize Details or informed by the Promoter at the time of winning. The Promoter reserves the right to request winners to provide proof of identity, proof of residency and/or proof of entry validity (for example, a phone bill or store receipt for purchase requirement) in order to claim a prize. Proof of identity, residency and/or entry validity considered suitable for verification is at the Promoter’s discretion. Where multiple entries are permitted provided that the entrant meets a purchase requirement in respect of each entry, entrants must retain their proof of purchase for each entry submitted and failure to do so may, at the promoter’s sole discretion, invalidate all their entries. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. If requested by the Promoter at any time prior to receipt of a prize, all prize winners must sign these terms and conditions in a form prescribed by the Promoter in order to receive their prize. Entrants proposing to redeem prizes involving or participate in the Promotion where it involves travel, stunts or challenges, at the absolute discretion of the Promoter, may first be required to: Submit to a medical examination by a medical practitioner approved by the Promoter and obtain relevant medical clearance to participate in the Promotion and/or redeem the prize; and/or Execute a Deed of Release and Indemnify in a form prescribed by the Promoter in order to participate further in the Promotion and/or redeem the prize.
PRIZE AVAILABILITY The Promoter will not be responsible or liable if for any reason beyond their reasonable control any element of any prize is not provided. The Promoter may, subject to State regulations, substitute a different prize of equivalent value in place of any prize referred to in these Terms and Conditions or the Terms and Conditions Schedule. The Promoter will not be responsible for any changes in times or dates, or cancellations or rescheduling of events that may prevent the prize winner from redeeming the prize or any part of it. Where the prize involves the winners attendance at or tickets to an event, if any part of the event is cancelled, varied or rescheduled for any reason, then at the Promoter’s discretion, the winner and any accompanying guests will forfeit all rights to attend the relevant event and no cash or alternative tickers will be awarded in lieu of that element of the prize.