Game of Skill Terms & Conditions
Own the Morning Promotion
Game of Skill Terms & Conditions
Own the Morning Promotion
1. Information on how to enter forms part of these conditions of entry. Entry is only open to participants who are Australian residents who are 18 years of age and older, and whose entry is deemed valid and accepted by the Promoter.
Employees (and their immediate families) of the Promoter or agencies associated with this Promotion are ineligible to enter. “Immediate family” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin (“Eligible Entrants”).
2. The Promotion commences at 12.01am (AEST) on 10 May 2017 and closes at 11.59pm (AEDT) on 24 May 2017 (“Promotion Period”).
3. To enter, Eligible Entrants must during the Promotion Period enter via THE UPSIDE Facebook application which can be accessed via https://www.facebook.com/TheUpsideSport/ and include their entry (in 25 words or less) their response to ‘How you own your mornings’. An image or picture may also be included in the entry.
Multiple entries are permitted, however duplicated entries are not.
This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged on aptness and creative merit by the judging panel appointed by the Promoter. The Promoter’s decision will be final in all matters of the Promotion, and no correspondence will be entered into.
Any entry that contains content that the Promoter, in its sole discretion, considers to be offensive or inappropriate in any way or that the Promoter considers, in its sole discretion, to infringe any intellectual property rights or other rights of any person, corporation or entity, will be considered ineligible. The decision to accept or reject an entry is at the Promoter’s sole discretion.
The Promoter, its affiliates and agents are not responsible in any way for the content or descriptions included by entrants, nor do they necessarily endorse the content or descriptions.
Entries received must be the original content of the entrant. Entries received during the Promotion Period will be individually moderated by representatives of the Promoter to ensure content posted is not illegal, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, indecent, libellous, hateful, obscene, or otherwise injurious to third parties or are otherwise objectionable.
4. No responsibility will be taken by the Promoter for any ineligible or lost entries or entries submitted or received by the Promoter after the closing date. Entries that do not comply with these terms and conditions, are incomplete, or submitted or received by the Promoter after the closing date will be declared void.
5. A panel of Judges appointed by the Promoter will conduct a judging from all Eligible Entries at The Upside, 98 Barcom Avenue, Darlinghurst NSW 2010 at 9.00am (AEST) on 25 May 2017.
The Major Winner will be the entrant who submitted the most apt and creative 25 word response or photo, in the opinion of the Judges, of all eligible entries received during the Promotion Period.
The three (3) Runner Up Winners will be the entrants who submitted the 3 next most apt and creative 25 word response or photo, in the opinion of the Judges, of all eligible entries received during the Promotion Period.
The winners will be contacted in writing via email within 2 business days of the judging, and announced on
https://www.facebook.com/TheUpsideSport/ on 25 May 2017.
6. The result of the judging is final and no correspondence will be entered into.
7. Prizes
The Major Prize winner will receive a trip for two (2) to Emirates One&Only Wolgan Valley in the Greater Blue Mountains including;
Return economy airfares for 2 people from the winner’s nearest Australian capital city to Sydney (if required)(Flight associated taxes are included).
If Sydney is the winner’s nearest capital city the airfare portion of the prize will not be awarded and no compensation will be paid or given in lieu.
Travel to Emirates One&Only Wolgan Valley located at 2600 Wolgan Rd, Wolgan Valley from Sydney will be at the expense of the winner and their travel companion.
Two-night’s twin share accommodation in a Heritage Villa with private pool
Gourmet breakfast, lunch and dinner daily
Selected local wines and beers with meals, plus non-alcoholic beverages
Two nature-based activities per person per day
• THE UPSIDE wardrobes x 2, worth up to AU$1,000 each
The maximum retail value of the Major Prize is $7,395.
The Runner Up Prize winners will each receive a $500 THE UPSIDE wardrobe.
The maximum retail value of all Runner Up Prizes is AU$1,500.
Total maximum prize pool value is AU$8,895.
8. All prize elements are subject to availability and their individual Terms & Conditions. Prizes must be taken by 10 May 2018.
Additional airfare conditions:
• Non-transferable/Non-exchangeable/Non-replaceable/Non-upgradeable/Non-Changeable.
Further fare rules may apply. All taxes payable, airline and government are the responsibility of the prize winner.
• Winner needs to be at least 18yrs of age.
• The prize winner and their guest must travel together and share the same itinerary.
• Seats are subject to availability. We suggest you make your reservation as soon as possible to avoid disappointment.
• Entire travel must be completed by 10 May 2018.
• Travel dates need to be booked and ticketed within 30 days of receiving the prize.
9. The Promoter will arrange all elements of the Prizes. Prize supplier conditions apply.
10. The Prizes are not transferable or exchangeable or redeemable for cash or any other goods or services. The Promoter accepts no responsibility for any variation in the value, performance, or availability of a Prize. The Promoter reserves the right to substitute the advertised Prize for a Prize of equivalent or greater retail value if, for any reason beyond the Promoter’s control, the Promoter is not able to give the Prize winner the advertised Prize, subject to State regulations. Incidental costs relating to the Prize are the responsibility of the winner.
11. If a Prize is not taken by the specified validity dates, outlined in condition 8, the prize will become void and the Promoter will be under no obligation to extend the time by which the prize can be taken nor to provide the prize winner with any alternative prize or compensation of any kind.
12. The Travel must be booked and completed by 28 May 2018 and is subject to block out periods and booking availability of the airfares and accommodation. Travel cannot be refunded for cash, exchanged or transferred, and cannot be used in conjunction with any Frequent Flyer or Loyalty Programme.
13. All components of the Major Prize must be taken together. Travel restrictions may apply. The Winner and their travel companion must travel together. Transfer costs, tips, domestic travel to and from any departure point, activities, spa treatments telephone charges and any other personal expenses, (other than those specified in condition 7), is the responsibility of the Winner and their travel companion. If for any reason, the winner is unable to accept their Prize as stated, and within the date indicated, the winner will forfeit the Prize and no compensation will be given in lieu.
14. It is the Winner’s responsibility to check with all government travel advisory and authorities regarding travel requirements and eligibility. Any fines, penalties, payments and expenditure incurred as a result of not meeting such requirements are the sole responsibility of the Winner and their travel companion.
15. If any portion of the Major Prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the Prize, or any element of the Prize, for an element of similar theme and of equal value, subject to State regulation and subsequent approval. The Promoter is not responsible for any cancellation, postponement, delay or rescheduling of any element of the Prize. Any costs, without limitation, incurred, will be the sole responsibility of the Prize Winner.
16. In the event of war, terrorism, state of emergency, disaster or any other circumstance beyond the control of the Promoter, the Promoter reserves the right to either provide an alternative travel destination to the same value as the original Major Prize or, subject to any applicable laws or written directions made under applicable legislation, to cancel, terminate, modify or suspend the promotion. The Promoter and any associated companies involved in the Promotion, make no representation as to the safety, conditions or other issues that may exist at Major Prize destination. It is the sole responsibility of the Winner and their travel companion, to first check with all government travel advisory information regarding the safety and any other situation at the Major Prize destination.
17. In the event that a Prize remains unclaimed or forfeited by 12.00pm (AEST) on 27 August 2017, the Promoter reserves the right to award the Major prize, or any Runner Up prize, to the entry with the next most apt and creative 25 word response or photo. The winner/s, if any, will be contacted in writing via email within 2 business days of the re-judging, and announced on https://www.facebook.com/TheUpsideSport/ on 29 August 2017.
18.The Promoter, other entities associated with this competition and their related bodies corporate, and each of their officers, employees and agents shall not be liable for and shall be held harmless in respect of any loss, damage, or injury whatsoever which is suffered (including but not limited to direct or consequential loss) or sustained, as a result of or arising from the winner’s acceptance and use of a prize or, participation in any stage of the judging process, except to the extent that any such liability cannot be excluded by law.
19. Entry details remain the property of the Promoter. Acceptance of the prize is deemed to be acceptance by the winner of these terms and conditions and approval to use the winner’s name and photograph for publicity purposes, unless specifically requested by the winner not to do so at the time of accepting the prize.
20. All entries and subsequent images and footage recorded or published as part of entering the Promotion, become the property of the Promoter and may be communicated to the public by the Promoter and it’s prize partners or used for promotional purposes, subject to the Promoter’s privacy policy. By entering the Promotion, an Eligible Entrant agrees to the use of their name, image, audio-visual recording, written content and/or photograph/s, without compensation.
21. Entrants acknowledge that all content posted on Facebook must be in accordance with their applicable terms.
This competition is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants are providing their information to the Promoter and not to Facebook. Each Entrant completely releases Facebook from any and all liability.
22. If the competition does not run for its duration due to, but not limited to, computer viruses, tampering, unauthorized intervention, fraud, technical failures or any other cause beyond the Promoter’s control that corrupts or affects administration, security, fairness or proper conduct of the competition, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the competition or disqualify any individual who tampers with the entry process. The Promoter will not be responsible for: Malfunction, delay or traffic congestion on any telephone network or line, computer on-line system, servers or providers, computer equipment, software, or website; Failure of any entry to be received by the Promoter as a result of those matters; nor any injury or damage to entrants or any other person related to or resulting from participation in the competition or downloading any materials relating to the competition.
23. The Promoter is The Upside , 98 Barcom Avenue, Darlinghurst NSW 2010, (ABN: 67 139 233 391).
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