General Competition Terms & Conditions
General Terms and Conditions for Promotions & Competitions
The following document covers all promotions and competitions run by the Promoter.
1. THIS DOCUMENT:
1.1 The following General Terms & Conditions apply to all competitions, giveaways and promotions (“Promotion/s”) run by the (“Promoter”).
1.2 In the event that a Competition Terms and Condition Schedule (“Schedule”) has been published in respect of a Promotion then these General Terms and Conditions are subject to all terms and variations as are specified in the Schedule for the purposes of that Promotion.
1.3 The “Promoter” is the operating entity of the Promotion unless otherwise specified in a Schedule for the Promotion.
1.4 These General Terms and Conditions and the terms and conditions of any applicable Schedule are collectively referred to as the “Terms and Conditions”.
2. CONDITIONS OF ENTRY:
2.1 By purchasing a ticket to the Goldrush Concert, the entrant acknowledges and agrees to be bound by the Terms and Conditions.
2.2 Prizes must be claimed in person unless the winner is advised otherwise by the Promoter. The winner will be required to provide photographic identification for the purposes of collecting the prize.
2.3 If the winner is not present at the draw they forfeit the prize, the Promoter reserves the right to select another winner.
3. WHO MAY ENTER PROMOTIONS:
3.1 Promotions are open to all Australian permanent residents who are 18 years of age or older at the time of lodging their entry.
3.2 Unless otherwise stated in a Schedule for a Promotion, each person who purchases an adult ticket for the Goldrush Concert during the advertised “Early Bird” period will automatically be provided two entries into the Promotion.
3.3 Unless otherwise stated in a Schedule for a Promotion, each person who pre-purchases an adult ticket after the advertised “Early Bird” period will automatically be provided one entry into the Promotion.
3.4 Entries can only be made in an individual’s own name and in their own capacity and no entry can be made for or on behalf of any other person, venture or organisation.
3.5 Promotions are not open to:
(a) direct employees of, or direct contractors to, the Promoter or any of its agencies involved with the Promotion;
3.6 All contestants acknowledge and agree that the Promoter can rely on the Terms and Conditions and in particular, this Clause 3 even if the Promoter only learns of a person’s ineligibility after the Promoter has or appears to have awarded the prize to the ineligible person. In those circumstances, the Promoter can require return of the prize or payment of its value to the Promoter.
4. ENTRY REQUIREMENTS:
4.1 All entries must be lodged in accordance with the requirements of the Terms and Conditions for the specific Promotion.
4.2 The Promoter is entitled at its sole discretion to reject or disqualify any entry which it determines to be incomplete or ineligible or which in the sole opinion of the Promoter contains unlawful, defamatory, offensive or other material which if published or broadcast would place the business interests of the Promoter at risk or adversely effect the goodwill, name or reputation of the Promoter.
5.1 All prizes will be awarded either:
(a) where a Schedule applies in respect of the Promotion, as provided for in that Schedule; or
(b) in other cases as is published by the Promoter in respect of the Promotion.
5.2 Any taxes which may be payable as a consequence of a winner receiving the prize are the sole responsibility of that winner.
5.3 All “cash” prizes will be paid by cheque drawn payable to the winner or paid via electronic funds transfer to the winner’s nominated bank account.
5.4 The Promoter may at its absolute discretion withdraw or exclude any person from the Promotion or participation in any prize if that person at any time behaves in a manner which in the opinion of the Promoter or the staff contractors or representatives of the operator of any event comprising a prize in a Promotion is inappropriate or offensive or is or could be considered antisocial, dangerous or threatening or which may cause injury to themselves or any other person.
5.5 If the Promoter becomes aware at any time, including after a winner has been announced, that an entrant has not complied with these Terms and Conditions or other terms and conditions of the Promotion, the entrant will have no entitlement to any prize and, as required by the Promoter, must return or repay the full value of any prize received.
6. PARTICIPATION IN ACTIVITIES AND PRIZES AND INDEMNITY:
6.1 Any entrant or winner participating in any activity for the purposes of the Promotion or in respect of any prize agrees to fully release and indemnify to the maximum extent permissible by law, the Promoter and their respective contractors, employees, directors and officers in respect of any claim for accident, injury, property damage, financial loss or loss of life in connection with the entrant or winner’s participation in the Promotion or prize.
6.2 The indemnity granted by each entrant and winner to the Promoter and their respective contractors, employees, directors and officers pursuant to Clause 6.1 includes in respect of any cost, loss, expense, damage or liability whether direct or indirect or consequential, (present or future), and any fine or penalty incurred by the entrant or winner.
6.3 Each entrant and winner may at the discretion of the Promoter be required to execute a Deed of Indemnity & Release prior to their participation in a Promotion or prize in a form determined by the Promoter. The Promoter may deem an entrant ineligible to participate in a Promotion or ineligible to win a prize if they fail to provide such release or indemnity on request.
7. PRIZE COLLECTION:
7.1 Prizes must be claimed in person unless the winner is advised otherwise by the Promoter. The winner will be required to provide photographic identification for the purposes of collecting the prize. The collection of prizes is the sole responsibility of the winner.
7.2 A copy of the Terms and Conditions and/or a signed receipt and acknowledgement must be signed and endorsed by any winner to indicate his/her understanding and acceptance of these terms.
7.3 Prizes will only be awarded following winner validation and verification. The determination of the Promoter or such judges as are nominated by the Promoter are final and no correspondence will be entered into.
7.4 If that winner is not on site and does not claim their prize by the specified time, the Promoter reserves the right to void that entry and/or select another winner.
8.1 Each entrant consents to the content of their entry with the Promoter being recorded, broadcast and published online by the Promoter without payment.
8.2 Acceptance of a prize constitutes permission for the Promoter to use winner’s name, suburb of residence, recording of winner’s voice, photos and likeness and filming for advertising and promotional purposes by the Promoter for broadcast and for use online without compensation, unless otherwise prohibited by law. The winners name will NOT be used or listed in any other form of media without the explicit and written permission of the winner.
9. EXCLUSION OF LIABILITY:
9.1 The Promoter takes no responsibility for the loss of prizes due to incorrect or imprecise delivery details provided by an entrant.
9.2 To the extent permitted by law, the Promoter is not liable for any loss suffered or sustained to personal property and including, but not limited to consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to the prize winner(s) and, where applicable, to any persons accompanying the winners.
9.3 A winner may be required to sign and return any liability release provided by the Promoter and/or its contractors as a condition of the prize being awarded. Failure to return the signed releases and indemnities will result in the entitlement to the prize being forfeited and the selection of another winner.
10.1 The Promoter is not responsible for lost, interrupted communications or unavailable network server or other connections, failed telephone, mid-delivery or computer transmissions or other errors of any kind, whether human, mechanical or electronic.
10.2 The Promoter assumes no responsibility for any error, defect, delay, theft or unauthorised access to or alternation of entries. Subject to any written directions given under the applicable law, if for any reason, the Promotion is not capable of operating as planned, including infection by computer viruses, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, or proper conduct of the Promotion, then the Promoter reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion.
10.3 The Promoter reserves the right, in its sole discretion, to disqualify any individual for:
(a) tampering with the entry process, including exceeding any limitation on the numbers of entries, or any other process as determined by the Promoter that in any way affects the fairness of the promotion;
(b) tampering with the operation of the Promotion or any web site of the Promoter or associated with the Promotions;
(c) acting in violation of these Terms and Conditions; or
(d) acting in an unsportsmanlike or disruptive manner.
10.4 If an entrant selected as winner is found to be in breach of these Terms and Conditions a new winner may be selected and, in the event that the entrant in breach has been awarded a prize, the entrant may be required to return the prize or reimburse the value of the prize to the Promoter.
11.1 Subject to the regulatory requirements in each State or Territory, the Promoter may at its discretion vary the Terms and Conditions or terminate, vary the Terms of Conditions for Promotion or terminate entirely a promotion.
12.1 Participation in the Promotion constitutes the entrant’s unconditional agreement to and acceptance of the Terms and Conditions. The Terms and Conditions may change from time to time. The entrant is responsible for ensuring his or her familiarity with the Terms and Conditions for the Promotions at the time of participation. The Promoter’s decision not to enforce a specific restriction does not constitute a waiver of that restriction or of the Terms and Conditions Promotion generally.