Competition Terms and Conditions Schedule
The Observer – Nitro Circus Extreme Giveaway
Gladstone Newspaper Company Pty Ltd, 130 Auckland Street, Gladstone Queensland 4680. ABN 25 009 781 891.
Terms and Conditions
State or territory
Published in The Observer between Saturday March 4, 2017 and Saturday March 18, 2017 (inclusive).
Start Date and Time
6:00am AEST Saturday March 4, 2017.
Close Date and Time
Draw Date and Time
5:00pm AEST Wednesday March 22, 2017.
10:00am AEST Friday March 24, 2017.
The Entry form must be original versions.
Photocopies, scanned images, web/digital prints, reproductions or other falsified artwork will not be accepted.
20 winners will win the following prize:
Limitation of Entries
Contestants can enter as many times as they choose, however, each entry submitted must be original.
Contestants who are under the age of 18 years must have parent/legal guardian consent to enter the competition.
Winners will be drawn at random 10:00am AEST Friday March 24, 2017 at The Observer office, 130 Auckland Street, Gladstone Qld 4680.
The winner’s details will be published in The Observer Public Notices on Saturday March 25, 2017.
Winners must collect their prize by 5:00pm AEST Friday April 28, 2017. Prizes that remain uncollected will be forfeited and no further prize awarded in its place.
Competition special conditions
Terms and Conditions for Competitions
- The following General Terms & Conditions apply to the Nitro Circus Extreme Giveaway (“competition”) run by Gladstone Newspaper Company Pty Ltd.
- Where a Competition Terms and Conditions Schedule (Schedule) has been published for a Competition, these General Terms and Conditions are subject to all terms and variations as outlined in the Schedule for the purpose of that promotion.
- The Promoter is the operating entity of the newspaper, unless otherwise specified in the Schedule for the Promotion.
- These General Terms and Conditions and the terms and conditions of any applicable Schedule are collectively referred to as the “Terms and Conditions”.
CONDITIONS OF ENTRY
- By submitting an entry to a competition, the contestant acknowledges and agrees to be bound by the Terms and Conditions.
WHO MAY ENTER PROMOTIONS
- Competitions are open to permanent residents in the State or territory in which details of the competition are published unless otherwise specified in the Terms and Conditions.
- Some competitions will only be open to persons who are 18 years of age or older at the time of lodging an entry.
- The Promoter may at its discretion withdraw or exclude any contestant from the competition or participation in any prize based on that person’s health or medical history.
- Unless stated in the Schedule for a competition, each contestant may only enter a competition once.
- 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.
- Competitions are not open to:
- Employees of, or contractors to, the Promoter or any of its agencies involved with the Competition;
- The spouse, de facto spouse, parent, natural or adopted child, or sibling (whether natural or adopted by a parent) of such employees and contractors (whether or not they live in the same household).
- Any person who is discovered to have used or attempted to use any more than one name in order to qualify to win any Competition run by the Promoter except in the case of a legal change of name;
- 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.
- All entries must be lodged in accordance with the Terms and Conditions Schedule for the specified Competition.
- 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 would place the business interests of the Promoter at risk or adversely affect the goodwill, name or reputation of the Promoter.
- All entries in any form, whether written or delivered by email, telephone, SMS or otherwise are deemed received only upon actual receipt of a complete and eligible entry by the Promoter. In the case of online entries by way of website or other communication application, an entry will not be deemed received unless and until a complete and legible entry is received onto the Promoter database. The Promoter shall have no responsibility for the failure of any means of communication whether within the Promoter’s control or otherwise.
- All prizes will be awarded either:
- Where a Schedule applies in respect of the Competition, as provided for in that Schedule; or
In other cases, as is published by the Promoter in respect of the Competition.
- All prizes must be collected by the date specified in the Schedule. Subject to the regulatory requirements of the individual States and Territories, prizes may be forfeited and may be redistributed into the prize pool of the associated newspaper and used for alternative giveaways or re-entered into a prize redraw where listed in the Schedule. (Refer Competition Terms and Conditions Schedule).
- All prize items are valued based on recommended retail pricing inclusive of GST and the Promoter takes no responsibility for any variation in item values.
- Any taxes which may be payable as a consequence of a winner receiving the prize are the sole responsibility of the winner.
- Prizes are non-transferable and may not be redeemed for cash.
- If the specified prize becomes unavailable due to acts of terrorism or natural disaster (i.e. earthquake, other natural disaster), the Promoter and its associated promotional partners will not be liable for replacement of any prize.
- If a prize comprises vouchers, then all vouchers will be subject to the terms and conditions of the provider of the vouchers and the expiry date specified by the provider of the voucher.
- 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 appropriate or offensive or is or could be considered antisocial, dangerous or threatening or which may cause injury to themselves or any other person.
- The decision of the Promoter will be final in determining the winner of each Promotion. This will include but not be limited to adjudicating on whether answers to quizzes are correct or otherwise and in the event of a tie or draw in a Promotion determining at its discretion which entrant shall be declared the winner.
- If the Promoter becomes aware at any time, including after a winner has been announced, that a contestant has not complied with these Terms and Conditions or other terms and conditions of the Promotion, the contestant will have no entitlement to any prize and, as required by the Promoter, must return or repay in full value of any prize received.
PARTICIPATION IN ACTIVITIES AND PRIZES AND INDEMNITY
- Any contestant or winner participating in any activity for the purposes of the Promotion or in respect of any prize areas 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, finance loss or loss of life in connection with the contestant or contestant’s participation in the Promotion or prize.
- The indemnity granted by each entrant and winner to the Promoter and APN Newspapers Pty Ltd and their respective contractors, employees, directors and officers 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 contestant or winner.
- Each contestant and winner may at the discretion of the Promoter be required to execute a Competition Release Form 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.
- 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.
- 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.
- 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.
- If a prize is mailed to an entrant by the Promoter the Promoter shall not be responsible for any replacement or compensation if the prize is lost or is delayed so that for example, tickets arrive after their scheduled event. It is at the sole discretion of the Promoter whether or not to mail a prize.
- Each contestant consents to their entry and any telephone entries or other call with the Promoter being recorded and published online by the Promoter without payment.
- 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 use in print and on-line 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.
EXCLUSION OF LIABILITY
- The Promoter takes no responsibility for the loss of prizes due to incorrect or imprecise delivery details provided by an entrant.
- The Promoter makes no representations or warranties as to the quality, suitability or merchantability of any goods and services offered as prizes.
- 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.
- A winner (or his or her guests, parent or guardian as appropriate) 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 a signed release and indemnity will result in the entitlement to the prize being forfeited and the selection of another winner.
OWNERSHIP OF ENTRIES
- All entries (whether written, audio or visual form, or a combination of these) become and remain the property of the Promoter (subject to the limits contained in the Privacy Statement).
- 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.
- The Promoter assumes no responsibility for any error, defect, delay, theft or unauthorised access to or alteration 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, then the Promoter reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion.
- 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 number of entries, or any other process as determined by the Promoter that in any way affects the fairness of the Competition;
b) Tampering with the operation of the Promotion or any web site of the Promoter or associated with the Competition;
c) Acting in violation of these Terms and Conditions; or
d) Acting in an unsportsmanlike or disruptive manner.
- If an entrant selected as a 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 contestant may be required to return the prize or reimburse the value of the prize to the Promoter.
- Subject to the regulatory requirements in each State or Territory, the Promoter may at its discretion vary the Terms and Conditions or terminate the Competition entirely.
- Participation in the Competition constitutes the contestant’s unconditional agreement to and acceptance of the Terms and Conditions. The Terms and Conditions may change from time to time. The contestant is responsible for ensuring his or her familiarity with the Terms and Conditions for the Competition 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 competition generally.
- All personal information submitted by any entrant for the purposes of a promotion will be governed in accordance with the Privacy Statement for the Promoter.