2. Promotion commences Monday 16th May AM (AEST) and entries close at Wednesday 15th June PM (AEST) ( Promotion Period ).
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1 Terms & Conditions Game of Chance The Olympics for Small Business Voter Promotion Terms and Conditions of entry 1. Information on how to enter and prizes forms part of these Terms and Conditions. Entry into the promotion is deemed to be an acceptance of these Terms and Conditions. 2. Promotion commences Monday 16th May AM (AEST) and entries close at Wednesday 15th June PM (AEST) ( Promotion Period ). 3. Entry is only open to all Australian residents who, at the time of entry and at the time of the draw: a) Are aged 18 years or over; b)employees (and their immediate families) of the Promoter, or agencies or companies associated with the conduct of this Promotion, are ineligible to enter. 4. To enter, entrants must, during the Promotional Period log on to au to register to vote for one of the registered small businesses to be in the running to win a prize of $10,000 cash. 5. Entries are deemed to be received at the time of receipt by the Promoter. Records of the Promoter are final and conclusive as at the time of receipt. A maximum of one entry per person/voter will be permitted during the Promotion Period. 6. Incomplete or indecipherable entries will be deemed invalid. 7. All valid entries received during the Promotion Period will be entered into the draw to be held on Thursday 16th June 2016 at 2.00PM (AEST) MDSA, 15 Grosvenor Street, Neutral Bay NSW The Promoter reserves the right to draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. 8. The first valid Voter drawn will win a cash prize of AU$10,000 ( Prize ). 9. Prize is subject to the standard terms and conditions of individual prize and service providers. 10. Total Prize value in the Promotion is up to AU$10,000 (including GST). 11. In the event that for any reason whatsoever the winner does not take an element of the Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the winner. 1
2 12. The Prize (including any unused portion) cannot be transferred, exchanged or redeemed for cash. The Promoter retains the right to substitute the Prize with a prize of equal or greater value (including where the Prize is unavailable), subject to approval of the gaming authorities in each State and Territory where relevant. 13. The winner will be notified in writing by and phone within 2 days of the draw, and their name will be published in The Australian newspaper on 22nd June The Promoter may conduct further draws at the same time and place as the original draw on Friday 30th September 2016, as are necessary for an unclaimed prize, subject however to any directions from a regulatory authority. The winner, if any, will be notified in writing by and phone within 2 days of the draw, and their name will be published in The Australian newspaper on 7th October The Promoter s decision is final, and no correspondence will be entered into, including in the event of a dispute. The Prize must be taken as offered and cannot be varied. 16. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 17. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate. 18. Cost associated with accessing the promotional website is the entrant s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid. 19. The Promoter is not responsible for any incorrect or inaccurate information, either caused by promotional website users or by any of the equipment or programming associated with or utilised in this Promotion, or by any technical error that may occur in the course of the administration of this Promotion. The Promoter assumes 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. 20. If for any reason this Promotion is not capable of running as planned due to any reason, including but not limited to infection by computer virus, bugs tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and subject to any written directions from a regulatory authority, to cancel, terminate, modify or suspend the Promotion. 21. It is a condition of accepting the Prize that the winner may be required to sign a release of liability in a form to be determined in the absolute discretion of the Promoter. 2
3 22. The winners agree to participate in any news and media/pr activities surrounding the Promotion. The Promoter reserves the right to use each winner s name, voice, image and likeness for advertising and publicity purposes in any media in perpetuity worldwide without additional compensation. 23. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter s control); (b) any theft, unauthorised access or third party interference; (c) any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the Prize. Nothing in these Terms and Conditions alters an individual s statutory guarantees as set out in the Competition and Consumer Act or similar State and Territory laws, where it is illegal to do so. 24. All claims and entries become the property of the Promoter. The Promoter requires your personal information in order to conduct the Promotion. If you do not provide the mandatory personal information requested then you will not be able to take part in the Promotion. By entering this Promotion, each entrant is taken to consent to the Promoter using the entrant s personal information to administer the Promotion, announce the winners and disclosing the entrant s personal information to organisations that assist the Promoter with administering the Promotion and announcing the winner, and to third parties as required by law (including authorities that regulate this Promotion). The Promoter is bound by the National Privacy Principles in the Privacy Act 1988 (Cth) and by entering the Promotion, the entrant is taken to consent to the Promoter s privacy policy. See to view the Promoter s privacy policy in full. An entrant may access and correct any personal information held by the Promoter, upon request to the Promoter. 25. The Promoter is Optus Administration Pty Ltd (ABN ), 1 Lyonpark Rd, Macquarie Park NSW Authorised under NSW Permit No LTPS/16/03300, SA Permit No T16/789, ACT Permit No. TP16/
4 Game of Skill The Olympics for Small Business Promotion Terms and Conditions of entry 1. Information on how to enter and on prizes forms part of these Terms and Conditions. Entry into the Olympics For Small Business promotion ( Promotion ) is deemed to be an acceptance of these Terms and Conditions. 2. Promotion commences on Monday 16th May 2016 at 12.01AM (AEST) and entries close on Wednesday 15th June PM (AEST) ( Promotion Period ). 3. Entry is only open to Australian residents over the age of 18 who are the legal owners of an Australian Small Business with a registered ABN, employing no more than 50 full-time employees ( Entrants ). Entrants must also have a valid passport as detailed below. Employees (and their immediate families) of the Promoter, or agencies or companies associated with the conduct of this Promotion, are ineligible to enter. 4. To enter, Entrants must, during the Promotion Period: - go to and register their small business; and - promote, as supported by Optus, their small business to the public to gain votes for their business as well as ratings for price, quality and service. Entrants are eligible to vote for themselves or other Entrants by participating in The Olympics for Small Business Voter Promotion. However, if an Entrant is selected as a winner of the Prize in both The Olympics for Small Business Promotion and The Olympics for Small Business VOTER Promotion, they will be awarded the Rio de Janeiro Prize, but not The Olympics for Small Business Voter Promotion cash prize. 5.Entrants will receive a number of points as follows: (a) Completing their profile by (400 points): o Uploading a cover Pic (100 points) o Uploading a logo image (100 points) o Adding a bio ( A bit about us ) (100 points) o Downloading Campaigner s Kit (100 points) (b) Voting: o Rating Businesses out of 5 stars (1 point per star): Customer Service (max 5 points) Quality Product (max 5 points) Value for Money (max 5 points) (c) Leaving feedback/commenting (1 point per comment) (d) Number of days in competition (1 point per day accumulating) For example, if the business is in the Promotion for 2 days receives 1 point on the first day and 2 points on the second day and so on. After 3 days the business will have received 1+2+3=6 points. 6. Entries are deemed to be received at the time of receipt by the Promoter. Multiple entries by the same Entrant will be considered invalid. Records of the Promoter are final and conclusive as to time of receipt. The Promoter in its absolute discretion will determine the number of points awarded to each Entrant. Entrants acknowledge that the points that may appear in the Entrant s Promotion profile may not actually reflect the number points an Entrant has achieved. Further, the actual number of points achieved by an Entrant will only be determined until after the end of the Promotion Period. 4
5 7. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images ( Content ). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Content that is misleading and deceptive, unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) their Content shall not contain viruses or cause injury or harm to any person or entity; (c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content; (d) they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party; (e) they consent to any use of the Content which may otherwise infringe the Content creator s/ creators moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and (f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others computer or communication systems. Without limiting any other terms herein, the Entrant agrees to indemnify the Promoter for any breach of this clause. 8. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. 9. Incomplete or indecipherable entries will be deemed invalid. 10. There will be a two (2) step judging process for the Promotion. Entrants will be divided into either Gold, Silver or Bronze levels according the amount of points received during the Promotion Period. Those Entrants who achieve the Gold level as at the end of the Promotion Period will go through to the second round of judging. Entrants acknowledge just because they reached Gold level at some time during the Promotion Period, does not mean they will definitely go to the second round of judging, as it is only those Entrants that meet Gold level at the end of the Promotion Period that will go through to the second round. 11. All entries that go through to the second round will be entered into the judging of the second round to be held at 16th June 2016 at 2:00PM (AEST) at Optus Centre Sydney, 1 Lyonpark Road, Macquarie Park, NSW All entries in the second round which be judged by a panel of judges to determine which entries are the overall best profile. 5
6 12. This is a game of skill and chance plays no part in determining the winners. 13. There are four prizes to be won in total (each called Prize ). The best four entries in the second round, as determined by the judges, will each win the Prize of a trip for two adults (with one adult being aged 21 years or over) to Rio de Janeiro, Brazil, departing Sydney, NSW. The Prize for two adults includes: Two (2) return economy class airfares from the winner s nearest airport in Australia to Sydney, NSW (if required); Two (2) return economy class airfares from Sydney, NSW to Rio de Janeiro, Brazil; 7 nights twin share minimum 4 star accommodation (of the Promoter s choice) in Rio de Janeiro, Brazil including breakfast daily; A total of 3 lunches and 4 dinners per person (on a set menu); 3 single entry afternoon or evening passes (per person) to CoSport s Hospitality Centre in Rio de Janeiro; Event tickets to 7 sporting events in Rio de Janeiro (as selected by Promoter); 2 guided excursions in Rio de Janeiro, Brazil (as selected by Promoter and subject to availability); Ground transport included for the duration of the trip including airport transfers; 2 hosts for the duration of the trip; and 2 program managers on site on a shared basis for the duration of the trip. 14. The value of a Prize is up to AU$75,603.66, depending upon point of departure. Total Prize value in this Promotion is up to AU$ $302, Excluded are spending money, additional meals and drinks, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point (other than those transfers stated above), additional transfers, items of a personal nature, in-room charges and all other ancillary costs. 16. Prize must be taken to coincide with the selected sporting events with flights departing on 10/08/2016, unless otherwise advised, and is subject to booking and flight availability. 17. Travel dates will be confirmed at least ten (10) days before departure. Each Prize is based on 2 adults sharing one (1) room. At least one (1) person travelling must be over the age of 21. Prize Recipients may be required to present their valid credit or debit card at time of accommodation check in to guarantee any incidentals on the room. All elements of the Prize are subject to availability. All travellers will require a passport valid for at least six (6) months on date of outbound travel. Winners and their companion/s must depart from and return to the same departure point and travel together. All travellers entering Brazil must meet Brazil entry requirements. 18. Winners and their companion/s are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. 19. Prize is subject to the standard terms and conditions of individual prize and service and venue providers. 20. If for any reason a winner does not take a prize (or an element of a prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash. 21. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion, or suspend or modify a prize. 6
7 22. Winners will be notified by telephone and If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification. 24. Ticket prize/s are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject any winners (and/or his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize. 25. The Promoter may, in its sole and absolute discretion, refuse the winner and/or their companion s participation in the Prize if the Prize winner and/or their companion have a criminal record or any criminal charges pending. In these circumstances, the winner and/or their companion will automatically forfeit the Prize. 26. Winners must be available to travel at a time determined by the Promoter. Exact travel dates are subject to airline availabilities and will be confirmed by the Promoter. 27. The Promoter accepts no responsibility for the cancellation or rescheduling of any flights. Prize must be completed by Thursday 18th August If the winner is unable to travel on the nominated dates, then the Prize will be forfeited by the winner and the Promoter may in its discretion, award the Prize to the next Entrant that is judged a winner in accordance with the criteria in clause The Australian Department of Foreign Affairs and Trade issues travel warnings and updates for travelers. The Promoter recommends that the winner and their companion consult com.au for advice and information prior to undertaking travel. 29. The winner and their companion must be in good health and must not have any pre-existing medical conditions that would prohibit them from flying to, entering and remaining in Brazil, or participating in any way in the Prize. The Prize winner and their companion must declare to the Promoter and/or any prize supplier any health-related issues that may affect their safe participation in any part of the Prize and obtain a written clearance from their doctor in this respect upon request by the Promoter. 30. If the Promoter determines, in its absolute discretion, that the winner or his/her companion is not in the necessary condition to safely participate in the Prize, the Promoter reserves the right to refuse to award to the winner or his/her companion any part of the Prize. 31. The Prizes (including any unused portion) cannot be transferred, exchanged or redeemed for cash. 32. The Promoter s decision is final and no correspondence will be entered into, including in the event of a dispute. 33. The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including an entrant s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 34. The Promoter may conduct further judging on 21st June 2016 at the same time and place as the original judging, as are necessary for an unclaimed prize, subject however to any directions from a regulatory authority. The winner/s, if any, will be notified in writing by and phone. 7
8 35. Cost associated with accessing the promotional website is the entrant s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid. 36.If for any reason this Promotion is not capable of running as planned due to any reason, including but not limited to infection by computer virus, bugs tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Promotion. 37. It is a condition of accepting the Prize, that the winner and his/her companion may be required to sign a release of liability in a form to be determined in the absolute discretion of the Promoter. 38. As a condition of taking the prize, the winners and their companions agree to participate in any news and media/pr activities surrounding the Promotion. The Promoter reserves the right to use each winner s and his/her companion s name, voice, image and likeness for advertising and publicity purposes in any media in perpetuity worldwide without additional compensation, and will upon request sign a photography and videography release. 39. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter s control); (b) any theft, unauthorised access or third party interference; (c) any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; (f) use of the Prize; or (g) if any Olympic events are cancelled or amended. Nothing in these Terms and Conditions alters an individual s statutory guarantees as set out in the Competition and Consumer Act or similar State and Territory laws, where it is illegal to do so. 40. The Promoter collects personal information ( PI ) in order to conduct the Promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at In addition to any use that may be outlined in the Promoter s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose Entrant s personal information to any entity outside of Australia. 41. The Promoter is Optus Administration Pty Ltd (ABN ), 1 Lyonpark Rd, Macquarie Park NSW
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