Terms and Conditions
The Observer – 2020 Business Town Proud Promotion
1. The Promoter is Gladstone Newspaper Company Pty Ltd of 130 Auckland Street, Gladstone Queensland 4680 (1 Manning Street, Gladstone Queensland 4680 as of 23 March 2020). ABN 25 009 781 891. Telephone No. 07 4970 3044.
2. Information on the Town Proud Merchandise Packages, how to enter the 2020 Business Town Proud Promotion and the prizes form part of these Terms and Conditions.
3. Entry into the Competition is deemed acceptance of these Terms and Conditions.
4. Entry is open to all current registered businesses that have purchased a 2020 Town proud Merchandise pack from the Gladstone Observer, are within the Gladstone Business district and are aged 18 years and over.
5. Any participant can opt out of the Competition component of the 2020 Business Town Proud Promotion by contacting the Promoter in writing at the address shown at Clause 1.
Purchase a Package
6. To purchase a 2020 Town Proud Merchandise Package, participants must contact their Advertising Sales Representative at The Observer, complete the details on the original 2020 Town Proud Flyer booking form to indicate their choice of package and submit this form to the Advertising Sales Representative for processing before the end of the booking period (see Clause 7).
7. Bookings open Monday February 10, 2020 at 8:30am AEST and close Friday April 24, 2020 at 4:00pm AEST. Any booking forms not submitted within the promotion period will be deemed invalid and will not be entered in the 2020 Business Town Proud Promotion.
8. Participants who have purchased The Gladstone Observer Town Proud Merchandise Package are automatically entered free in the competition with one free entry received for each package purchased.
9. The competition component of the 2020 Town Proud Advertising Packages commences 8:30am Monday February 10, 2020 and closes at 4:00pm AEST Friday April 24, 2020.
10. All participants shall have their merchandise package billed to their normal business account.
11. The 2020 Town Proud Merchandise Packages are non-transferable and cannot be redeemed for cash.
12. The merchandise package components and inclusions cannot be exchanged, offered as prizes in a competition or part of another advertising package, promotion or passed to any third party outside the participant’s business without express permission from Gladstone Newspaper Company Pty Ltd.
13. Merchandise Packs must be on display throughout the promotion period between Friday May 01, 2020 and closes at 4:00pm AEST Friday June 26, 2020.
14. Advertisements cannot be banked and must be booked throughout the booking period.
15. It is the responsibility of any participant to ensure the advertising purchased within the Advertising Booking Period has been utilised.
16. Any advertising not used in the Advertising Booking Period will be forfeited and cannot be redeemed in cash, credit to another booking, nor can it be carried forward into the 2019/2020 Calendar year.
17. A participant in the 2020 Town Proud Advertising Promotion may cancel their merchandise package by notifying their Advertising Sales Representative, however, there will be no refund on any pack once the promotion has commenced.
18. Participants who cancel their merchandise package at any time throughout the promotion period and whether fully or partially paid, will not be eligible to continue to participate in the 2020 Business Town Proud Promotion.
19. Cancellations received after all advertising has been exhausted by the participants will incur the full cost of participating and no refund will be forthcoming.
20. The Promoter has the right to refuse any advertising booking.
21. The 2020 Town Proud Merchandise Pack consists of the following items. The Merchandise Packs are only available to those businesses within the Gladstone Business district.
● A2 Poster;
● Balloons; plus
● Entry Forms for shoppers;
● Free entry for the participating business to the 2020 Business Town Proud Promotion.
● The cost of the Merchandising Package is $66.00 each (inclusive of GST);
● The total maximum cost of the Merchandising Pack is $66.00 each (inclusive of GST). Prizes
22. Individual prize value is AUD$5,000 (five thousand dollars) (inclusive of GST). Total value of the prize pool is AUD$5,000 (five thousand dollars) (inclusive of GST). The winner will receive:
● An advertising package valued at AUD$5,000 (five thousand dollars) with The Observer comprising:
o AUD$5,000 in run of press print advertising;
o The advertising cannot be used for Real Estate sections, classifieds, features, supplements and pre-prints in any Gladstone Observer product.
o Does not include page loadings;
o Cannot be used to pay an existing advertising account;
o Advertising will be booked at casual rates of $21.45 (inclusive of GST) per module rate;
o The winner must use the prize by 4:00pm AEST November 30, 2020 or the prize will expire, and no further prize will be awarded in its place, nor cash paid.
23. All package/s and the prize must be used by the participating business indicated on the Booking Form.
24. The participant is responsible for all expenses over and above what is included in the prize, including additional advertising costs over and above the $5,000AUD (inclusive of GST) advertising package specifications.
25. Any taxes which may be payable because of any participant purchasing or winning an Advertising Pack is the sole responsibility of that participant.
26. Individual participants should seek advice from a suitably qualified tax professional about the applicable tax information for their business.
27. One winner will be selected via random draw at The Observer office, 1 Manning Street, Gladstone Qld 4680 on Tuesday, 30 June at 10:00am AEST.
28. The Promoter’s decision is final, and no correspondence will be entered into regarding the competition winner or any other decision the Promoter makes about the competition.
29. The winner will be contacted by telephone, with the winner’s details published in The Gladstone Observer on Wednesday July 01, 2020.
30. The prize will only be awarded to the participating business owner who was issued with free entry and whose name is recorded for free entry purposes.
31. The winner must collect their prize in person from The Observer office (unless otherwise advised).
32. The following persons are ineligible to enter:
a) Sponsors of the Town Proud Merchandise Pack and Competition;
b) Employees of, or contractors to, the Promoter as far as they are directly associated with this competition;
b) Employees of, or contractors to the sponsors, as far as they are directly associated with this competition;
c) The spouse, de facto spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), of such employees and contractors (whether they reside in the same household or not);
d) Contestants who have used or attempted to use any more than one name to qualify to win any contest run by the Promoter except in the case of a legal change of name;
a) Business advertisers of solely alcohol and gambling sales. Entry forms will not be provided for either direct alcohol sales (in bars, clubs and gambling establishments where sole trade is based on the individual service of alcohol in bar areas, beer garden, night clubs etc. and venues where the sole purpose of trade is of a gambling nature, e.g.
the purchase of tokens to gamble or the exchange of money for coins for poker machines;
b) Meals and drinks consumed in the context of a cafe’/restaurant on licensed premises is deemed as acceptable and businesses will provide entry forms for these purchases.
e) All Contestants acknowledge that even if the Promoter only learns of a person’s ineligibility after the Promoter has appeared to award the prize to the ineligible person, it may require the return of the prize or payment of its value to the Promoter to be dealt with as an unclaimed prize.
Further Terms and Conditions
33. Subject to complying with all relevant State and Territory legislation, the Promoter reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affects the administration security, fairness, integrity or proper conduct
of the competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
34. The Promoter and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
35. If for any reason this competition is not capable of running as planned, including (without limitation) due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, the Promoter reserves the right in its sole discretion to take any action that may be available, and (without limitation) to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.
36. All entries must be sent or delivered to the addresses set out in these terms and conditions. Entries that contain any objects not specified in these term and conditions will be deemed invalid and will not be accepted. The Promoter and its agents take no responsibility whatsoever for such entries that do not comply with these terms and conditions.
37. Any entrant found to be using any form of software or third-party application to enter multiple times (including scripting software) will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
38. An entrant may not use a third party (including online competition entry site) to enter on their behalf, except where the entrant needs to use those services of that third party to enter due to a disability. If the preceding sentence has been breached, the entrant will have all entries invalidated, any claim to any prize will be invalidated and where such an entrant has already been awarded a prize before being found to have breached this clause, the entrant must
immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
39. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State and Territory legislation. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
40. The Promoter reserves the right to redraw the prize if an entrant who claims to be a prize winner is unable to satisfy these terms and conditions.
Copyright, Statutory guarantees, Waiver and liability
41. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s submission, image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with the Promoter publications or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.
42. The Promoter acknowledges that the entrant may own intellectual property rights (including copyright) in any material created or otherwise submitted to the Promoter in connection with the entrant’s entry or participation in any aspect of the promotion (Works ) . The entrant does not transfer their intellectual property rights to the Promoter by submitting an entry. The entrant hereby grants the Promoter a non-exclusive, irrevocable, perpetual, worldwide license to use the Works (including modifying, adapting or publishing the Works, whether in original or modified form, in whole or in part or not at all, to use, modify, delete from, add to, publicly display and reproduce, the photo(s), including without limitation, in any online media formats and through any social media channels, pages or accounts) for the sole purpose of running the promotion, promoting and celebrating the promotion and future promotions and agrees that the Promoter may assign and/or sublicense the Works to third parties for this same purpose. Should the Promoter wish to use an entrant’s Works for any other purposes, it will contact the entrant to discuss licensing opportunities.
The entrant acknowledges and agrees that neither the entrant nor any third party shall be entitled to any fee, royalty or other consideration in respect of such license. If the entrant holds, now, or at any time in the future, any so called “droit moral” or moral rights in connection with the Works, the entrant unconditionally and irrevocably consents, for the benefit of the Promoter and all of its assignees, licensees and sub licensees to minor alterations to the Works which may be required for print or display purposes such as resizing and minor colour correction notwithstanding that such conduct may amount to derogatory treatment of the Works for the purposes of the Copyright Act 1968 (Cth) (Copyright Act ) .
All Entrants consent to attribution by either full name or social media handle in satisfaction of their right to attribution under the Copyright Act.
43. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation.
44. The Promoter does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act (2010)
(Australian Consumer Law) which cannot be excluded, restricted or modified. However, the remainder of this clause will apply to the fullest extent permitted by law and the Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law.
45. The Promoter is not responsible for any incorrect or inaccurate information, either caused by entrant or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
46. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
47. All entries become the property of the Promoter (with the exception of any intellectual property rights comprised therein). The Promoter collects personal information about you for the purposes of conducting this promotion. Any disclosure of such information will be made as required by law and in accordance with these terms and conditions, but no further use of this information will be made without prior consent.
48. The Promoter collects information about you, including for example your name and contact details which you provide when registering or using our services as well as information from data houses, social media services, our affiliates and other entities you deal or interact with for example by using their services. We collect and use that information to provide you with