Destination Docklands “Postcards” Competition
1.1 Purpose of this document
This document forms part of the rules of a competition that is a trade promotion lottery (the “Promotion”). The Promotion is being launched to accompany the episode of “Postcards”, as aired on Sunday, 17 July 2011.
1.2 The Promoter
The Promotion is run solely by Destination Docklands Limited (ABN 93 144 475 007) (the “Promoter”).
The Act of filling in the entry form for the Promotion on the Web Site is deemed to signify your acceptance of the Terms and Conditions.
1.4 Understanding this document
Capitalised words that appear in this document, and the rules for interpreting this document, are defined in the dictionary at the end.
If you have any questions about this document, please contact us using the details below:
Phone: (03) 9999 9825 (between 9 am – 5 pm AEST Tuesday to Thursday, excluding public holidays).
Mail: The Executive Officer
Unit 315, 198 Harbour Esplanade
DOCKLANDS, VICTORIA, 3008
2. Terms and Conditions
2.1 Entry information
Information provided by the Promoter at the time of your entry into this Promotion forms part of the terms of the Promotion.
2.1 Terms in this document
The provisions of this document form part of the terms and conditions of the Promotion.
2.1 Implied terms
Certain terms are implied by law into contracts between businesses and consumers. These include a guarantee that services must be provided with due care and skill. Such terms cannot be excluded, and form part of this Promotion. As such:
a) no part of these Terms and Conditions are intended to exclude, restrict or modify the non-excludable terms or exclude the Promoter’s liability to you for breaches of those terms; and
b) where possible, written terms must be interpreted in a way that is consistent with the implied terms.
2.1 Other terms
No terms other than those specifically mentioned in this Clause 2 form part of the Promotion.
3. Conditions of entry
3.1 How to Enter
To enter, you must be an Eligible Person who completes the details required by the entry form on the Web Site.
You must submit your entry after 5.30 pm on 17 July 2011, and by no later than 11.59 pm on 18 July 2011 (Australian Eastern Standard Time).
3.3 No charge for entry etc
There is no charge for entering into the Promotion. You are not required to purchase any goods or services in order to enter into the draw.
3.4 Single entry
Each entrant is limited to one entry with one valid email address. You must not submit more than one entry.
3.5 Eligible persons
To be eligible to win any prize, you must:
a) be a natural person of at least 18 years of age; and
b) be a resident of Victoria;
c) not be an ineligible person under Clause 3.4 below.
3.6 Ineligible persons
Employees, officers, and shareholders of the Promoter and their immediate family members are not eligible to enter the Promotion.
4. Disqualification of entries
4.1 Contact Details
You must ensure that all of your contact details are up-to-date, correct and complete. You forfeit your right to claim any prize in the event that your contact details are out of date, incorrect or incomplete.
4.2 Spam filters etc
You must ensure that you are able to receive emails from the Promoter. In particular, you must ensure that spam filters and other measures do not prevent emails from being received. You forfeit your right to claim any prize in the event that you do not receive or access emails from the Promoter in a timely fashion.
4.3 Multiple entries
All entries from you will be invalidated if you submit more than one entry.
4.4 Failure to provide proof of identity etc
The Promoter reserves the right to request winners to provide proof of identity and/or proof of residency. Proof of identification and residency suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
4.5 Dishonest or illegal behaviour etc
The Promoter reserves the right to verify the validity of entries and, to disqualify any entrant who, in the opinion of the Promoter:
a) tampers or attempts to tamper with the entry process;
b) submits an entry that is not in accordance with these Terms & Conditions;
c) engages or attempts to engage in conduct in entering the Promotion which is fraudulent, misleading, deceptive;
d) engages or attempts to engage in conduct which is damaging to the aims, goodwill or reputation of the Promoter. This includes entries conducted by automated online software applications designed to create more than one entry;
e) interferes with the proper operation of the Promotion;
f) contravenes any Commonwealth or State law.
5.1 Nature of prizes
The prizes for the Promotion are as follows:
a) First prize: a dining experience for 6 people at Central Pier (valued at $1,000.00);
b) Second prize: one night’s accommodation at the Grand Mercure in a two bedroom apartment (valued at $490.00); and
c) Third prize: a gift card from Harbour Town Shopping Centre (valued of $200.00).
5.2 Prize draw
a) The prize draw will take place at the Promoter’s Office on the Prize Draw Date.
b) Each prize winner is selected by a random prize draw, with each valid entry having an equal chance of winning any given prize.
c) The first valid entry selected is the winner of the first prize, the second valid entry selected being the winner of the second prize and the third valid entry being the winner of the third prize.
d) There is no requirement for you to attend the prize draw.
5.3 Notification of winners
a) Winners will be notified in writing by email within two Business Days of the Prize Draw Date.
b) Winners’ details will be published in the Herald Sun on Wednesday, 27 July 2011.
5.4 Delivery of prizes
a) Winners must acknowledge receipt of the email sent by the Promoter by return email and provide their residential address to the Promoter within three months of the Promoter’s notification under Clause 5.3.
b) Prizes in the form of a letter from the Promoter will be dispatched to each winner within five Business Days of the Promoter receiving the acknowledgment and address details from each prize winner.
c) There are no delivery, administrative or other charges payable by the prize winners to the Promoter.
5.5 Prize Conditions
a) Subject to paragraph (c) below, all prizes must be used within 12 months of the end of the relevant Prize Draw Date.
b) Prizes are not redeemable for cash and cannot be exchanged for other goods or services.
c) Unless specifically stated as being included in a prize, the Promoter is not responsible for any costs of a related, ancillary, incidental or personal nature, including travel expenses, spending money, meals, accommodation, insurance gratuities or merchandise.
5.6 Unclaimed prizes
If necessary, an “Unclaimed Prize Draw” will take place on the Unclaimed Prize Draw Date at the Promoter’s Office.
6. Promoter’s liability
6.1 Exclusion of liability
Subject to the Promoter’s obligation under any law not to exclude or restrict liability to you, the Promoter excludes all liability to you -
a) of whatever nature (whether any indirect, incidental, special or consequential loss or damage or otherwise, including loss of business or other profits); and
b) however arising (whether through the law of negligence or tort generally, breach of contract, breach of statutory duty or otherwise).
which is related in any way to your participation, or attempt to participate in the Promotion, including the receiving, taking or using of any prize.
6.2 Limitation of liability
Where liability is not excluded by Clause 6.1 above, the Promoter’s liability under this Promotion is limited (at our option):
i) in the case of goods, to the replacement of those goods, or the costs of having the goods replaced; and
ii) in the case of services, to the provision of services again, or the payment of the costs of providing services again.
6.3 Lost entries etc
Subject to the Promoter’s obligation under any law not to exclude or restrict liability to you, the Promoter accepts no responsibility for incorrect, incomplete, late, lost or misdirected entries.
6.4 Change of prizes
The Promoter accepts no responsibility for any variation of any aspect of any prize made due to circumstances outside its control. In any such event, an alternative prize of equivalent value will be provided to any relevant winner.
6.5 Failure to redeem
The Promoter takes no responsibility for any loss, liability or sanction resulting from the failure of the winners to redeem the prize.
Any tax liability arising as a result of accepting any prize is the responsibility of the winners.
7.1 Personal information
a) All entries become the property of the Promoter.
b) You consent to the Promoter using your personal information in order to conduct the Promotion. This may involve disclosing your personal information to other companies who are engaged by us to assist with this Promotion. If you are a winner, we will also publish this fact, and this will include the publishing of some of your personal information.
c) Your personal information may also be disclosed to others if required by law.
d) No further use of personal information collected from entries into the Promotion will be made by the Promoter unless you have consented to receiving further information. In particular, the Promoter will not sell, rent or give your personal information to a third party.
f) You may access and correct any personal information held by the Promoter, upon request in writing to the Promoter.
7.2 Media etc
In accepting the prize, each winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the Competition, including but not limited to being interviewed and photographed and being featured on the Web Site.
The winners agree to grant the Promoter a perpetual, worldwide, and non-exclusive licence to use such footage and photographs in all media and the winners (and their companions) will not be entitled to any fee for such use.
7.3 Unforeseen circumstances and disputes
If for any reason this Promotion is not capable of running as planned, the Promoter reserves the right in its discretion to modify the Terms and Conditions including the prizes, subject to approval of the gaming authorities in each State and Territory where relevant.
The Promoter’s decision is final, and no correspondence will be entered into, including in the event of a dispute.
7.4 Governing law
The Promotion is governed by the laws in force in the State of Victoria and the parties submit to the jurisdiction of the:
a) courts and tribunals based in that State; and
b) courts of appeal outside of Victoria that have jurisdiction to hear appeals from Victorian courts and tribunals.
8. Definitions and interpretation
In this document, the following words have the following meanings unless the context clearly requires otherwise:
“Business Day” means a day of the week other than a Saturday or Sunday and other than a day appointed as a public holiday under the Public Holidays Act 1993 (Vic);
“Eligible Person” means a person who meets the criteria specified in Clause 3.5.
“Prize Draw Date” means 12.00 pm on Tuesday, 19 July 2011 (Australian Eastern Standard Times).
“Promoter” has the meaning defined in Clause 1.2
“Promoter’s Office” means Unit 315, 198 Harbour Esplanade, Docklands, Victoria, 3008.
“Promotion” has the meaning in Clause 1.1.
“Terms and Conditions” means the terms included in the Promotion as set out in Clause 2.
“Unclaimed Prize Draw” means the draw conducted in accordance with Clause 5.6.
“Unclaimed Prize Draw Date” means 12.00 pm on Wednesday, 19 October 2011.
“Web Site” means the web site located at www.destinationdocklands.com.au.
In these Terms and Conditions, unless the context clearly requires otherwise:
a) a reference to a time is a time means the official time in Melbourne, Australia;
b) all monetary amounts are in Australian dollars;
c) prize valuations are recommended retail prices as at the commencement of the Promotion.