Promotion Schedule: A. Promotion: Melbourne Cup Party Promotion
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- Isabel Stokes
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1 Promotion Schedule: A. Promotion: Melbourne Cup Party Promotion B. Eligible Entrants: Australian residents aged 18 years and over and who provide or publish content related to Melbourne Cup Day via the method outlined in Section D. C. Promotion Period: Entries Open: 10am Tuesday 7 November 2017 Entries Close: 5pm Tuesday 7 November 2017 D. How to Enter: During the Promotion Period, Eligible Entrants must: 1. Upload a photo or video of your Melbourne Cup party to Instagram; 2. Switch post to public view; and 3. Use #CupDayParty on the post to be entered into the draw. Entrants can post as many videos / images at they like, provided that each post differs in content and copy. Each valid post will be one entry into the Promotion. E. Judging: The winning entrant will be judged by the Promoter. F. Prize: There is one prize to be won: The winning photo / video will be chosen based on originality and the ability to capture the Melbourne Cup Day feeling. The Winner will be contacted by VRC via Instagram and must reply before the re-draw date. Winners will be notified on the Instagram profile with which they entered at approximately 6pm on Tuesday 7 November 2017 by FlemingtonVRC. It is the Entrant s responsibility to accept a message request from FlemingtonVRC in their Instagram Direct folder if they do not follow the page on Instagram so they can receive a message in their inbox. Total prize pool value is no more than $25,000 (incl. GST). Value is true at the time of print and is subject to change. Value will also depend on the winner s departure city. Two (2) x return Business Class airfares to any destination (from the winners nearest capital city) flying Emirates including taxes valued up to $25,000 (inc GST). Flights will need to be booked one month from the date it is won and travel will need to occur within 12 months. Any changes to flights once booked will incur fees as well as any differences in the price from original booking Travel is subject to the terms and conditions of Emirates Airline. Both passengers must travel with the same flight itinerary. These tickets are not valid during blackout periods assigned to destinations. Any blackout dates, if applicable, will be advised at the time of booking. Once tickets are issued, any applicable fee resulting from date change requests will be payable by the prize winner. Emirates and the VRC are not responsible for insurance, visas or any additional expenses relating to your flight. These tickets are valid on Emirates Airline only and are non-extendable, nontransferable, non-rerouteable, non-endorsable and non-encashable. The prize winner is entitled to the normal baggage allowance as per the existing rules. No Skywards Miles can be redeemed on these tickets. 1
2 Total prize value is $25,000 (including GST) and is subject to change. G. Re-judging (if unclaimed): The re-judging will take place at 10am on Tuesday 5 December 2017 at the Promoter s offices. 2
3 Promotion Terms: 1. These Promotion Terms and the Promotion Schedule provide information on prizes and how to participate and together form the Terms and Conditions of Entry. By participating in this Promotion entrant agrees to be bound by these Terms b) any individual who tampers with the entry process, submits an entry (including those judged as a winning entry) that is not in accordance with these Terms and and Conditions of Entry. Conditions or who has in the opinion of the Promoter, engaged in unlawful or improper conduct that is designed 2. To the extent of any inconsistency between the Promotion Terms and the Promotion Schedule, the terms of the Promotion Schedule will prevail. to jeopardise the fair and proper conduct of the Promotion or is generally damaging to the goodwill or reputation of the Promoter. 3. The Promoter is Victoria Racing Club Limited (ACN ), 448 Epsom Road, Flemington VIC The entrant may only enter the Promotion via Instagram. 12. Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with 4. Entry is only open to Eligible Entrants listed at Item B Instagram. Entrants acknowledge that any information they ( Eligible Entrants, entrant ). Employees, directors and other provide in connection with the Promotion is provided to the representatives of the Promoter and organisations involved in Promoter and not to Instagram. Any questions or comments sponsoring or conducting this Promotion (and any individuals regarding the Promotion must be directed to the Promoter, so involved) are ineligible, as are members of their immediate not to Instagram. Entrants release Instagram and its families and households. associated companies from all liabilities arising in respect of 5. To enter the Promotion, Eligible Entrants must follow the instructions detailed under Item D. the Promotion. 13. This is a game of skill. Chance plays no part in the selection 6. Incomplete, inaccurate or illegible will be deemed invalid. The Promoter accepts no responsibility for lost, late or misdirected entries. of the Prize winners. Winning entrants will be judged at the time and locations detailed at Item E. 14. The entrant specifically acknowledges and accepts that due 7. The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process. The entrant is responsible for their own entry and it is not the responsibility of the Promoter or any third party to ensure that a person is entered into the Promotion. to the nature of the Promotion and the use of the Instagram platform as part of the Promotion, that unless the entrant contacts the Promoter to identify themselves as a prize winner, the Promoter will be unable to identify the entrant and has no liability, obligation or ability to identify the entrant as 8. The use of any automated software or any other mechanical or electronic means that permits the participant automatically to enter repeatedly is prohibited ( Repeat Entry Device ). If the Promoter reasonably believes that an entrant is using any Repeat Entry Device, the Promoter may disqualify that entrant without notice. 9. Entry via Instagram is free. However, any costs associated with accessing Instagram is the responsibility of the entrant. The Promoter is not responsible for any other costs associated or incurred as a result of the entrant s entry into the Promotion. 10. The Promoter reserves the right, in its absolute discretion, to disqualify and remove from the Promoter s Instagram page at any time: a) any entry (including those judged as a winning entry) which, in the opinion of the Promoter, includes objectionable content, profanity or is potentially insulting, inflammatory or defamatory; or the winner if the entrant does not contact the Promoter. 15. All reasonable attempts will be made to contact each winner. If a winning entrant is not able to be contacted, does not claim the prize by the dates set out in Item F, is ineligible to claim the Prize pursuant to clause 6, or is unavailable to attend the Prize won, the Promoter at its discretion, will assign the relevant prize to the entry judged the next correct entry in the Promotion, withdraw the prize un-awarded or dispose of the prize in any manner the Promoter considers fit. 16. If the winning entrant is unavailable or unable to partake in the prize as stated in Clause 15, the winning entrant acknowledges that they forfeit that prize in full and no substitute prize or compensation will be offered. 17. If the prize is awarded to the next eligible entrant, if that entrant is not able to be contacted, or does not claim the 3
4 Prize within 2 days of the date of notification to the next entitlement to the prize and are subject to the terms and entrant, the Promoter, in its sole discretion, will forfeit the conditions of the prize supplier. Prize and no substitute will be offered. 26. Redemption of travel, accommodation and experience prizes 18. Prizes will be awarded to the person named in the entry. The are subject to availability at the time of booking and any Promoter reserves the right to require the prize winner to additional ticketing requirements are at the expense of the provide proof of age, identity and residency. Identification prize winner. considered suitable for verification is at the discretion of the 27. If it is specified that a prize must be taken on a specific date Promoter and the Promoter reserves the right to disqualify or during a specific time frame and the prize winner is any person who fails to provide the required information or unavailable or unable to partake in the prize during such provides false information. periods, that prize will be forfeited in full and no substitute 19. It is a condition of accepting the Prize that a prize winner may prize or compensation will be offered. In these circumstances, be required to sign a legal release as determined by the the Promoter may, at its sole discretion, redraw that prize. Promoter in its absolute discretion, prior to receiving the 28. When taking travel prizes, it is the responsibility and expense prize(s). of the prize winner and their guests to ensure that prior to 20. Once a prize has been claimed by the winning entrant and travelling, their personal documentation (including but not the prize has been delivered or collected from the Promoter s limited to passports, visas etc) is valid, they have undertaken premises, the Promoter takes no responsibility for the prize any required health checks and/or immunisations and they being damaged, delayed or lost in transit. have checked for travel warnings and any perceived hazards with appropriate authorities. Any expenses incurred as a 21. If the prize(s) is provided to the Promoter by a third party, the result of not meeting such requirements are the sole prize is subject to the terms and conditions of the third party responsibility of the prize winner and their guest. prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. To the 29. Unless expressly stated, all ancillary costs and expenses extent of any inconsistency, the terms and conditions of the (including additional ticketing, transfers, transport, prize supplier will prevail over these Terms and Conditions of accommodation, insurance, food, beverages, entertainment Entry. and spending money) in taking such prizes are the responsibility of the prize winner and their guests. 22. The total maximum prize value is correct at the time of printing. The Promoter is neither responsible nor liable for any 30. Unless otherwise specified, the prize(s) is a single event for change in the value of prize occurring between the printing the prize winner (and where relevant their guests) and cannot date and date the prize is claimed. All prize values are in be separated into separate events or components. Australian dollars. The prize is not transferable, 31. By accepting their prize, each prize winner consents to exchangeable or redeemable for cash. participating in promotional activities relating to the Prize 23. If a prize becomes unavailable for reasons beyond the including photo shoots and media interviews. The Promoter Promoter s control, the Promoter may substitute a prize of may use all photographs and recorded interviews, including equal or greater value, subject to any written directions from the winner s image, voice, name and other details, without the lottery authorities. restriction and without further reward or recourse to the winner, in its advertising and promotional materials and 24. Prize winners are advised that tax implications may arise as a official communications in perpetuity and in any media result of accepting their prize and prize winners should seek whatsoever. independent financial advice where necessary. 32. In consideration for entering the Promotion and/or the 25. Unless otherwise specified, if a prize includes a travel, Promoter awarding a prize to the prize winner (as the case accommodation or an experience component (including such may be), the entrant and/or the winner (as the case may be) as tickets to an event or amusement), that prize will be valid hereby grants a non-exclusive, perpetual, worldwide, for one year from the date of the draw or/ by the date irrevocable, transferable and royalty-free licence to the specified on the voucher or other document recording the Promoter in and to all copyright in any material ( Work ) 4
5 created pursuant to the entrant s and/or winner s (as the case 36. The Promoter is not responsible for any problems or technical may be) participation in any aspect of the Promotion malfunctions of any telephone network, computer online (including the right to re-post the entrant s Instagram posts). systems, servers, or providers, computer equipment, Each entrant consents to any act or omission by the Promoter software, technical problems or traffic congestion on the which may infringe any of the entrant s moral rights (within internet or at any website, or any combination thereof. the meaning of the Copyright Act 1968 (Cth)). 37. If for any reason this Promotion is not capable of running as 33. The entrant warrants and represents that any material sent or planned, the Promoter may in its sole discretion cancel, provided by the entrant to the Promoter will not infringe any terminate, modify or suspend the Promotion and invalidate copyright, trademarks or other intellectual property rights of any affected entries and no refund, cash, or alternative tickets any third party (including moral rights) and that the entrant will be substituted for failure for the Promotion to run. has all rights to use the materials and has obtained all 38. The Promoter accepts no responsibility or liability for any necessary consents to comply with any relevant privacy delay or failure by the third party to deliver the prize, any and/or confidentiality requirements. delay or failure relating to the prize itself (including any 34. The Promoter collects personal information from entrants in negative encounter experienced by the winning entrant order to facilitate the Promotion. Entrants personal including cancellation, changes or delays of flights or other information may also be provided to third parties (including transport arrangements, inclement weather or any illness prize suppliers) for the purpose of administering this experienced) or failure by the third party to meet any of its Promotion or providing prizes or to the State and Territory obligations in Terms and Conditions of Entry or otherwise. lottery departments as required under the relevant lottery 39. Any guarantee or warranty given is in addition to any relevant legislation. If the information requested is not provided, the statutory guarantees and warranties. Nothing in these Terms entrant may not be eligible to participate in the Promotion. and Conditions restricts, excludes or modifies or purports to The Promoter will handle personal information disclosed by restrict, exclude or modify any statutory consumer rights the entrant in accordance with the Australian Privacy under any applicable law including the Competition and Principles under the Privacy Act 1988 (Cth) and the terms of Consumer Act 2010 (Cth). its privacy policy located at Where 40. The Promoter will not be liable for any loss or damage applicable, the entrant agrees that if they have been provided whatsoever which is suffered (including but not limited to the opportunity to opt-in to receive direct marketing, the indirect or consequential loss) in connection with this Promoter may also use personal information for future Promotion, or for personal injury suffered or sustained as a promotional, marketing and publicity purposes, including result of receiving or using a prize, except for any liability keeping the entrant informed of the latest VRC news, events, which cannot be excluded by law (in which case that liability surveys, promotions and offers. Entrants may access the is limited to the minimum allowable by law). information that the Promoter holds about them, or request to 41. The Promoter reserves the right to disqualify entries in the opt-out of any future communications by contacting the event of non-compliance with these Terms and Conditions of Promoter s Privacy Officer at 448 Epsom Road, Flemington, Entry. Victoria 3031 or ing privacy@vrc.net.au. 42. Failure by the Promoter to enforce any of its rights at any 35. The Promoter will not send, allow to be sent, or assist in the stage does not constitute a waiver of these rights. sending of one or more unsolicited commercial electronic 43. The Promoter s decision is final and no correspondence or messages with an Australian link for purposes of the Spam communication will be entered into. Act, use or distribute any software designed to harvest addresses or otherwise breach the Spam Act or the Spam Regulations 2004 (Cth). 5
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