Terms and Conditions Win a Trip to Hong Kong Promotion
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- Silvester Wilkinson
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1 Terms and Conditions Win a Trip to Hong Kong Promotion 1. General Entry 1.1 Information on how to enter this Win a Trip to Hong Kong promotion (the Promotion) form part of these terms and conditions (the Terms and Conditions). 1.2 The promoter is TAB Limited ABN of 495 Harris Street, Ultimo, 2007 (the Promoter). 1.3 Entry is open to NSW residents (subject to the exceptions in clause 1.5) who are: over the age of 18; and a member of the NSW TAB s loyalty program, the Number 1 Club ; and as at Tuesday 31 July 2012 and throughout the Promotion Period either: (i) a NSW TAB account holder; or (ii) a Number 1 Club cash card holder; and (d) not Excluded Persons, an Eligible Participant. 1.4 By entering and/or participating in the Promotion, each Eligible Participant agrees to abide by these Terms and Conditions. 1.5 Directors, officers and employees of (and contractors to) the Promoter and its related companies and their immediate family, and licensed bookmakers or their employees, are not eligible to participate in the Promotion. For the purposes of these Terms and Conditions, immediate families means a spouse (including de facto), parent, sibling, child, grandparent, grandchild, or parent in law and includes stepparents and stepchildren and half siblings. 2. Term of Promotion The Promotion commences at 9:00 AM (AEST) on Wednesday 1 August 2012 and ends at 5:00 PM (AEST) on Friday 7 September 2012 (the Promotion Period). 3. How to Enter 3.1 To enter the Promotion, Eligible Participants must, during the Promotion Period: first register for the Promotion by either: (i) registering online at (ii) replying to an or SMS received from the Number One Club (with such SMS to be chargeable at the Eligible Participant s mobile provider s normal rates); and thereafter, place a minimum $10 Exotic Bet (as defined in clause 3.4) using either their NSW TAB Account or by scanning their Number 1 Club cash card 3.2 An Eligible Participant who complies with clause 3.1 is an Eligible Entrant. 3.3 Each Eligible Participant may enter the Promotion a maximum of 5 times only. 3.4 For the purposes of this Promotion, an Exotic Bet is any one of the following parimutuel (ie totalisator) bet types placed on any thoroughbred, harness or greyhound racing event on the NSW TAB: Trifecta; First 4; Quadrella; or (d) BIG6.
2 4. Selection of Winners On Thursday, 13 September 2012 at 10.00AM (AEST) at the offices of MMG Interactive (located at 4 Brunswick Place, Fitzroy, VIC 3065), 3 Eligible Entrants will be randomly selected (the Winners) using a random number generator (the Prize Draw). 5. The Prizes 5.1 The Prize Each Winner will receive a Trip for 2 to Hong Kong (the Prize). The Prize includes: (i) return economy class airfares (Sydney to Hong Kong return), departing Sydney on Tuesday 4 December 2012 and returning from Hong Kong on Monday 10 December 2012; (ii) return airport / hotel transfers in Hong Kong; (iii) return hotel / racecourse transfers in Hong Kong; (iv) accommodation on a twin share basis, and daily breakfasts, in Hong Kong; (v) admission, private box seating, racebook, and buffet meal beverages at Happy Valley racecourse; (vi) admission, 6th floor private box seating, racebook, and buffet meal and beverages at Sha Tin racecourse; (vii) a half-day orientation tour of Hong Kong; (viii) airline fuel surcharges and departure taxes; and (ix) porterage of one bag per person. 5.2 Costs The Prize is valued as follows: Prize value per Winner (ie for a Winner and their guest) $ 8,580 Total prize value (ie for all Winners and their respective guests) $25,740 All other costs associated with the Prize, including but not limited to any travel costs to and from the relevant Winner s home, taxes (not mentioned in the Prize inclusions), insurance, and other ancillary costs are the responsibility of each Winner. 5.3 Prize Specific Conditions Each Winner and their respective guests must be over the age of 18. (d) (e) (f) The Prize is provided by Ambassador Travel and is subject to acceptance of Ambassador Travel s terms and conditions, as well as the airline s terms and conditions of carriage. The Prize must be taken as offered (including on the dates specified) and cannot be varied or redeemed for cash. The Prize value is GST inclusive, is in Australian dollars, is the recommended retail value as provided by the supplier and is correct at time of printing. The Prize cannot be used as part payment for another airfare package, and frequent flyer points/miles cannot be accrued on this Prize. The Prize can be transferred to another adult over the age of 18. If the Prize is transferred the relevant Winner must, if requested by the Promoter, provide the Promoter with an original signed letter transferring their benefit in the Prize to a third party together with certified photo identification. The transferee s guest must be over the age of 18. Upon acceptance of the Prize, each Winner must make arrangements with Ambassador Travel, Suite 15, Level 1, Silverton Place, 101 Wickham Terrace, Brisbane, QLD 4000, for all details regarding the trip.
3 (g) (h) Unless expressly stated in these Terms and Conditions, all other expenses are the responsibility of the Winners, including current passports, visas, meals, spending money, incidentals, mini-bar, laundry, room service, telephone calls, gratuities, service charges, optional activities and all other ancillary costs. A credit card imprint or cash deposit may be required from the Winners at check-in to the hotel for all incidental charges. In the event that for any reason whatsoever a Winner does not confirm acceptance of their Prize by phone or by AM (AEST) on Friday 28 September 2012, then: 6. Prize Winner Notification (i) the Prize will be forfeited by that Winner; (ii) cash will not be awarded in lieu of the Prize; and (iii) a re-draw will be conducted in accordance with clause 12. The 3 Winners will be notified by phone and and their details will be published on and in The Australian on Friday 14 September The Promoter will use all reasonable endeavours to notify the Winners that they have won a Prize by Friday 21 September Delivery of Prize Subject to a Winner confirming acceptance of their Prize, the Promoter will co-ordinate with Ambassador Travel to provide confirmation of the booking by Friday 28 September Tax issues Other than as set out in the Prize inclusions (in clause 5.1), any taxes which may be payable as a consequence of a Winner receiving the Prize are the sole responsibility of that Winner. The Promoter encourages each Winner to seek independent financial and tax advice about any tax implications that may arise from the Prize winnings. 9. Exclusion of Liability 9.1 While the Promoter will use all reasonable endeavours to arrange delivery of the Prize in accordance with clause 7, by entering this Promotion, each Winner acknowledges that circumstances beyond the control of the Promoter may prevent the delivery of the Prize by that date, or at all (including the failure by a Winner to notify the Promoter of any change of delivery address of the Prize). In such circumstances where the Promoter forms a reasonable belief that any delay or loss of the Prize has not been caused or contributed by a Winner s negligence, fraud or misconduct, the Promoter may (if circumstances permit) re-deliver the Prize to that Winner. 9.2 To the extent permitted by law, the Promoter is not liable for any loss, including, but not limited to, direct, consequential (including economic) or indirect loss or any loss of profits, by reason of any act or omission, deliberate or negligent, by the Promoter or their servants or agents, in connection with this Promotion or the arrangement for supply, or the supply or failure to supply, of any goods or services by any person to a Winner. 9.3 Nothing in these Terms and Conditions affect, nor is intended to affect, any rights that an Eligible Participant might have that are not able to be excluded under applicable Australian consumer protection laws.
4 10. Use of Personal Information / Marketing 10.1 The Promoter complies with the National Privacy Principles contained in the Privacy Act 1988 (Cth) Any entries become the property of the Promoter. Any information Eligible Participants provide will be used by the Promoter for the purpose of conducting this Promotion The Promoter may disclose Eligible Participants' personal information to its contractors and agents to assist in conducting this Promotion or communicating with Eligible Participants By entering the Promotion, Eligible Participants consent to their personal information being collected, used and disclosed by the Promoter, its agents, affiliates, related business companies, other companies associated with this Promotion, and business partners for any promotional activities, including the Eligible Participant's personal participation in reasonable promotional activities as requested by the Promoter, and any marketing and publicity purposes without any further reference, payment or other compensation to the Eligible Participant Eligible Participants consent includes authorising the Promoter, its agents, affiliates, related business companies, other companies associated with this Promotion and business partners to send the Participant future electronic messages including SMS, MMS, and regarding any promotional, marketing and publicity activities Eligible Participants' personal information may be disclosed to State and Territory lottery departments and Winners' names published as required under the relevant legislation. The Promoter will use reasonable endeavours to provide the Eligible Participant reasonable prior notice where their personal information is going to be disclosed under such legislation. A request to access, update or correct any personal information should be directed to the Promoter at its address set out in clause 1.2 of these Terms and Conditions All Eligible Participants consent to the publication of their name and suburb of residence (however their full address will not be published) and agree to participate in reasonable Promotion activities as requested by the Promoter For more information, refer to the Promoter s Privacy Policy located on the Promoter s website, General Conditions 11.1 The Promoter, its employees, officers, agents, and its parent companies and subsidiaries are not responsible for and shall not be liable for: any condition caused by events beyond the control of the Promoter that may cause the Promotion to be disrupted or corrupted; any injuries, losses (including, without limitation, loss of profits), or damages of any kind caused by the Prize or resulting from acceptance, possession, use, or misuse of the Prize, or from participation in the Promotion or downloading material from tab.com.au or numberoneclub.com.au; or any printing or typographical errors in any materials associated with the Promotion.
5 11.2 The Promoter reserves the right to: (d) (e) cancel or suspend the Promotion should the security, fairness, integrity, or proper operation of the Promotion be compromised in any way by way of any virus or bugs in the IT system used for this Promotion, any unauthorized human intervention or other causes beyond the reasonable control of the Promoter; disqualify any Eligible Participant who engages in offensive, illegal or objectionable conduct in relation to this Promotion; disqualify any Eligible Participant who tampers with the entry process, or who submits an entry that is not in accordance with these Terms and Conditions; cancel, terminate, modify or suspend the Promotion in accordance with any written directions given by any relevant government or regulatory authority to do so; and request a Winner provide proof of age, identity or proof of residency at the nominated Prize delivery address In the case of the intervention of any outside agent or event which naturally changes the result or prevents or hinders its determination, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes, the Promoter may in its absolute discretion cancel the Promotion or part of the Promotion and recommence it from the start on the same conditions subject to any relevant laws or regulations It is a condition of accepting the Prize that a Winner may be required to sign a legal release in a form determined by the Promoter To the extent that a situation or issue arises for which these Terms and Conditions make no provision or in relation to which the relevant Terms and Conditions are unclear, the Promoter will make a decision regarding such situation. The Eligible Participant will have the right to request an internal review of the Promoter s decision. Subject to any regulator direction to the contrary, the decision of the internal review will be final and binding In the event that a Winner is identified as an Excluded Person or any other person who is in breach of these Terms and Conditions (the Refused Winner), the Promoter reserves the right to refuse to allow that Winner to take part in, or receive, any or all aspects of the Prize, and the Promoter will notify any relevant regulator accordingly where required by law to do so. In such circumstances, a re-draw will occur in accordance with (save for changes to the dates) clause 4 of these Terms and Conditions within 7 days of the identification of the Refused Winner, and the new Winner will be notified in accordance with (save for changes to the dates) clause 6 of these Terms and Conditions. 12. Unclaimed Prize Draw In the event that a Winner does not claim their Prize by 10:00 AM (AEST) on Friday 28 September 2012, an unclaimed prize draw will be conducted at 10:00 AM (AEST) on Thursday 4 October 2012 at the location set out in clause 4 (the Unclaimed Prize Draw). The winner of the Unclaimed Prize Draw (the Supplementary Winner) will be notified by phone and . The Supplementary Winner s details will also be published on and in the Australian on Friday 5 October Permit Number Authorised under: NSW Permit No. LTP / /
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