2015 MYER FASHIONS ON THE FIELD DESIGN AWARD TERMS AND CONDITIONS

Transcription

1 2015 MYER FASHIONS ON THE FIELD DESIGN AWARD TERMS AND CONDITIONS HOW TO ENTER and ENTRY CONDITIONS 1. Details on how to enter the 2015 Myer Fashions on the Field Design Award (competition, Design Award) and further details of the prizes and their value may be found at (the Website) and form part of these terms and conditions. 2. By participating in the Design Award, entrants agree to observe and be bound by these competition terms and conditions, the Entrant Criteria (detailed below) and VRC s Ticketing Terms and Conditions of Entry for Flemington Racecourse 2015 located at (together the Terms) 3. Entry to the competition is by invitation only. 4. Designers will be selected based on the submission of their designs in accordance with the VRC s Design Award submission process and will be invited to enter the Design Award by the Victoria Racing Club (VRC) and Myer. 5. To participate in the competition, a selected designer (the Entrant) must confirm acceptance of the invitation by registering online on the Website by 5:00pm AEST 30 September Entrants successfully registered will receive confirmation of their registration by , together with confirmation of two (2) Flemington Racecourse General Admission tickets, to be delivered closer to the day of the competition. 7. No responsibility will be taken for incomplete, late or lost entries. Incomplete or illegible entries will be deemed invalid. 8. Unless otherwise stated by the Promoter, all Entrants must collect their entrant number from the registration desk between 12.00pm 12.15pm on Emirates Melbourne Cup Day 3 November The Promoter may also request proof of age and/or additional forms (including model releases) to be completed at this time. ELIGIBILITY 9. To be eligible to participate in the Design Award, Entrants must acknowledge and agree to the following Entrant criteria (Entrant Criteria): a) Entrants and their models must be 18 years of age or older on the day of the competition. b) Entrants must ensure that their model has appropriate headwear to complement their racewear; and c) Entrants are not permitted to alter or add to their outfit in any way from the beginning until the end of the competition. 10. Entry to the competition may be refused if an Entrant does not meet one or more of the Entrant Criteria. 11. Employees, directors and other representatives of the Promoter and organisations involved in sponsoring or conducting any Myer Fashions on the Field event that are associated with the VRC (and any individuals so involved, including judges) are ineligible, as are members of their immediate families and households.

2 12. To be eligible, an Entrant must not derive income from a garment design (and/or construction) or millinery service that is offered or provided to the public, or otherwise such services must be provided in the Entrant s individual capacity as a boutique business (such term as reasonably and commonly understood within the retail industry and subject to the discretion of the Promoter). 13. The winner of the 2014 Myer Fashions on the Field Design Award is not eligible to enter. 14. Entrants are permitted to enter both the Design Award and 2015 Myer Fashions on the Field Millinery Award (Millinery Award) (together being the Creative Awards). However, any item of clothing, headwear or accessory (together the Outfit) that appears in the Design Award is not permitted in the Millinery Award, and vice versa. Entrants that include any such items in both Creative Awards may be disqualified from both Creative Awards. 15. If an Entrant is participating in the Design Award and/or Millinery Award, the Entrant is not eligible to enter the Myer Fashions on the Field Women s or Men s Racewear 2015 competitions (the Racewear Competitions) during Melbourne Cup Carnival 2015 and no item of clothing, headwear or accessory worn in the Design Award and/or Millinery Award may be worn in the Women s Racewear or Men s Racewear competitions (by any other person including the Entrant s model) and vice versa. Entrants may be disqualified from all Myer Fashions on the Field competitions they have entered, if any Entrant s item of clothing, headwear or accessory is found to be used in both a Creative Award and a Racewear Competition. 16. The Entrant s model participating in the Design Award is not allowed to enter any other 2015 Myer Fashions on the Field event that is associated with the VRC, in any outfit (clothing, headwear or accessory) submitted by the Entrant as part of the Millinery Award and/or Design Award. 17. Entrants must not in any way disparage or make derogatory comments in any form (whether verbally, electronically or otherwise) about the Promoter, the competition or other Entrants or models at any time. If an Entrant is seen to be doing so they will be immediately disqualified from the competition and all other competitions run or promoted by the Promoter in 2015 and Unless expressly stated in these terms and conditions, all travel and accommodation expenses incurred by an Entrant and their model in getting to the Melbourne Cup Carnival and participating in the competition are the sole responsibility of the Entrant and their model. 19. The Promoter takes no responsibility for any cancellations, delays, postponements or any other changes to the transport arrangements (including heavy traffic and delayed flights or trains) and Entrants and their models who fail to appear for their competition judging (heat or final) at the correct time will be disqualified from the competition and their entry deemed invalid. NO COMMERCIAL INVOLVEMENT 20. Entrants may only enter the competition in their own private capacity and not on behalf of a third party including any commercial enterprise. Companies, partnerships and other business organisations (excluding any boutique as determined reasonable by the Promoter) are not eligible to win prizes in the Design and Millinery Awards.

3 21. The Entrant, their model and their Outfits are not permitted to commercially promote a brand (other than of the Entrant as a designer) or any other commercial enterprise or otherwise have any commercial association any other third party, company, partnership or business organisation. 22. Entrants must not receive any payment or other financial benefit from a third party (including any commercial enterprise) for entering, participating or otherwise in connection with, the competition. JUDGING 23. The Promoter will select the judging panel for the Design Award and each validly entered Entrant will be judged based on the following judging criteria (Judging Criteria): a) Style and originality b) Interpretation of latest fashion trends c) Appropriateness of the outfit for Emirates Melbourne Cup Day d) All Entrants must include a millinery component e) Attention to detail with accessories. 24. The judges decision is final and binding on every Entrant and no correspondence will be entered into. 25. In the event of a draw, the Promoter s adjudicator (a VRC representative) will determine the winner. 26. The Design Award is a game of skill. Chance plays no part in determining the winners. All entries will be judged individually on their merits based on the Judging Criteria. The judges may also rank additional entries as Second Place, Third Place and so on in case the first chosen winner is ineligible to receive their prize. DESIGN AWARD COMPETITION PROCESS 27. The Design Award will be conducted on Emirates Melbourne Cup Day 3 November 2015 (the Competition Day). 28. Entrants in the Design Award will compete in a series of stages (known as heats) on the Competition Day, following which there will be a Preliminary Final and Final to be held on the same day. 29. At commencement of the competition, the Entrant s model in the Entrant s outfit will be directed onto stage shortly after registration for their heat. 30. The winners of each heat, Preliminary Final and Final, will be notified on the Competition Day via MC announcement at the conclusion of each heat or final, whichever is applicable, and winners must ensure that they and their model are ready to compete in the following heat or final. 31. Entrants and their models who fail to appear for their competition judging (heat or final) at the correct time will be disqualified from the competition and their entry deemed invalid. 32. Once an Entrant has entered the heats of the Design Award, the Entrant is not permitted to make any further alterations or additions to any part of the Outfit (including headwear), otherwise they will be disqualified from the competition.

4 33. Based on the Judging Criteria, the judges will select a minimum of 40 entrants from the total number of Entrants that compete in the heats, to compete in the Preliminary Final on the same day. 34. From the Entrants in the Preliminary Final, the judges will then select 10 Preliminary Finalists to compete in the Final. 35. The Final will also be held on the same Competition Day at a time designated by the Promoter and advised to the Preliminary Finalists, and the judges will then select a 2015 Design Award Winner, a Second Place and a Third Place. WINNERS AND COMPETITION PRIZES 36. The 10 Preliminary Finalists that compete in the Final will receive the applicable prizes described and set out in the Prize Schedule. 37. The total prize pool for the Design Award is valued up to $42,800 (inc. GST). GST does not apply to the issuing of gift cards. All prize values are in Australian dollars. 38. Prizes are non-transferable, non-exchangeable and not redeemable for cash and are subject to change at the discretion of the Promoter for other prizes of equal or greater value. If a prize becomes unavailable for reasons beyond the Promoter s control, the Promoter may substitute a prize of equal or greater value, subject to any written directions from the lottery authorities. 39. The total maximum prize value is correct at the time of printing. The Promoter is neither responsible nor liable for any change in the value of prize occurring between the printing date and date the prize is claimed. All prize values are in Australian dollars. 40. All prizes remain the property of the winner once awarded. Subject to clause 41, no interest in a prize may be granted or transferred to a third party by a winner. 41. If for any reason, the Promoter becomes aware after a Entrant has won a prize that the Entrant has not complied with the Terms or that their entry is otherwise invalid, that Entrant will have no entitlement to that prize, even if the Promoter has announced them as the winner and that Entrant will be required, at the direction of the Promoter to return, refund or otherwise make restitution of the prize. 42. Where a prize is referred to as a Myer Shopping Spree, this will be delivered in the form of a Myer Gift Card to the relevant amount. 43. If the Prize includes Myer Gift Cards, Gift Cards are treated like cash. Lost or stolen Gift Cards will not be replaced or refunded. Gift Cards cannot be used for the payment of credit or store accounts. Gift Cards are not redeemable for cash and cannot be exchanged. Gift Cards expire two years from the issue date. Any unused amount after the expiry date of the Gift Card will not be refunded or credited. Gift Cards are not reloadable. For full terms of use and full details concerning applicable exclusions, visit or call Gift Cards are to be used for the purchase of goods and services at Myer stores in Australia. 44. All travel and accommodation prizes must be taken exactly as specified by the prize supplier, and by no later than 30 June 2016, unless the Promoter or prize supplier advises otherwise. Conditions of travel, accommodation and vehicle leasing or use apply and travel and accommodation prizes are subject to availability.

5 45. Any additional ticketing or accommodation requirements (including alterations or extensions), or changes to ticketing and accommodation will be at the discretion of the prize supplier and at the prize winner s expense. 46. All ancillary costs and expenses (including petrol, transport, airport transfers, additional insurance, food, beverages, entertainment and spending money) in taking any prize will be the responsibility of the prize winner (unless expressly stated). 47. Frequent flyer points will not form part of any travel prize and cannot be claimed by a prize winner or other companions. 48. The winner and any travelling companion(s) are responsible for ensuring they have all necessary travel insurance (if not included in the prize) and documents to travel to the relevant place(s) (including passports and visas, if required). The winner is responsible for ensuring that they and their travelling companion(s) are fit to travel and have received appropriate immunisations and/or health checks prior to taking the Prize. 49. It is the winner s responsibility to check and prepare for travel warnings and any perceived hazards with appropriate authorities, including The Promoter is not responsible for any illness, injury or property damage that affects the winner while undertaking the travel prize. 50. If the Prize involves a winner attending an event, if any part of the event is abandoned, called off, varied or postponed for any reason, then at the Promoter s discretion, the relevant winner (and their companion(s), if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the prize. If the event is varied or postponed, the Promoter, where reasonable, will try to vary arrangements to allow the winner (and their companion(s)) to attend the varied or postponed event (unless doing so would involve additional costs to the Promoter). 51. The Promoter takes no responsibility for any negative encounter experienced by a prize winner including but not limited to cancellation, changes or delays of flights or other transport arrangements, cancellations or postponement of an event, inclement weather or any illness experienced by the winner. Any costs incurred as a result (including accommodation costs) are the sole responsibility of the prize winner and no substitute prize or compensation will be offered under any circumstances. 52. If the prize relates to the lease of the Lexus Vehicle awarded to the Winner of the Competition, the Winner agrees: a) The Winner must commence their lease within 6 weeks of the winner being announced, unless the prize provider advises otherwise. b) The Winner must enter into a loan agreement with the prize supplier, Lexus, and that the lease will be subject to Lexus terms and conditions. c) The Winner must hold a valid Australian driver s licence. If the Winner does not hold a valid Australian driver s licence, this prize may be forfeited in full at the discretion of the prize supplier. d) It is a condition of accepting the prize that the Winner may be required to sign a legal release in a form to be determined by the Promoter at its discretion. e) The Winner must collect the vehicle from the authorised Lexus dealership in the Winner's nearest capital city and the Winner will be responsible for any expenses incurred in getting to and from the authorised Lexus dealership to collect the vehicle.

6 f) Additional insurance, petrol and all other ancillary costs with using the vehicle are the responsibility of the Winner. g) To the fullest extent permitted by law, the Promoter takes no responsibility for any mechanical, body or paint repairs from the date of signing the loan agreement and all repairs will be the responsibility of the Winner unless otherwise provided for by the terms and conditions of the loan agreement between the Winner and Lexus. h) The Winner warrants that by accepting the prize, they confirm that at the date of collection of the vehicle that they: i. have not been convicted of driving under the influence of any drug or intoxicating liquor; ii. will not have any outstanding road traffic and driving infringement notices, fines or penalties from any road or traffic authority. i) If the Promoter or Lexus becomes aware that the Winner has breached the terms of Clause 52 (h), Lexus, in its sole discretion may immediately terminate the loan agreement and the Winner must return the loan vehicle in accordance with the terms of the Lexus loan agreement and the Promoter in its sole discretion, may prevent or disqualify the Winner from competing in any future events (including any Fashions on the Field events) conducted or promoted by the Promoter). j) The loan vehicle will be returned to Lexus in an undamaged, tidy, clean and roadworthy condition to the satisfaction of Lexus. If Lexus determines that the vehicle has been returned in an unsatisfactory condition, the Promoter, in its sole discretion, may prevent or disqualify the Winner from competing in any future events (including any Fashions on the Field events) conducted or promoted by the Promoter). k) If the Winner is unable to comply with the terms of this Clause 52, the vehicle prize may be forfeited and no substitute or compensation will be offered. 53. Where a prize includes alcohol, the Promoter supports the responsible service of alcohol, and may at its sole discretion refuse to award any alcohol-related prize if it would breach any relevant laws or codes including those relating to the responsible service of alcohol, or if the Promoter determines in their absolute discretion, that the winning entrant is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. 54. Once a prize has been claimed by the prize winner and has been collected, or if arranged between the Promoter and the winner, has been delivered or collected from the Promoter s premises, the Promoter takes no responsibility for the prize being damaged, delayed or lost in transit. 55. If a prize winner is not an Australian resident, the winner is responsible for ensuring delivery of their prizes to their home country, and agrees that all costs in respect of shipping, handling and postal insurance and any other ancillary costs relating to the delivery and use of those prizes will be at the winner s sole expense. 56. If the prize(s) is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The winners of each prize and agree that the Promoter will not be responsible or liable for the failure of a third party prize supplier to provide all or any part of the relevant prize. To the extent of any inconsistency, the terms and conditions of the prize supplier will prevail over these Terms and Conditions of Entry.

7 57. If a prize winner is unable or unavailable to participate in or use a prize awarded, that prize may be forfeited in full and no substitute prize or compensation will be offered. 58. Prize winners are advised that tax implications may arise as a result of accepting their prize. The Promoter is not responsible for such tax implications and prize winners should seek independent financial advice where necessary. 59. The 2015 Design Award Winner must be available to participate in a minimum of eight appearances, if required by the Promoter, during 2015 and 2016, for no additional compensation. The Promoter will be responsible for reasonable transport and transfer costs where attendance is required. 60. Should the 2015 Design Award Winner prove to be ineligible for the competition, be unable to fulfil the Entrant Criteria in any way, not agree to any of the Terms, breach the Terms or interfere with the fair running of the competition (or attempt to do so), or, if despite using all reasonable attempts to do so, the Promoter is unable to contact the 2015 Design Award Winner on the day in order to award the prize at the prize-winners ceremony then some or all of their prizes may be passed on to the Second Place. If the Second Place similarly fails to qualify for a prize, then the prize will be transferred to the Third Place and so on. 61. All finalists (being the 10 Entrants in the Final) including the 2015 Design Award Winner, are not permitted to enter the 2016 Myer Fashions on the Field Design Award with the same design, headwear and/or overall outfit. 62. The 2015 Design Award Winner must not become an ambassador, face of, judge of a fashion competition, spokesperson for, or associated with any other racecourse in Australia other than Flemington, unless approved in writing by the Promoter, within 12 months of winning the 2015 Design Award. PHOTOGRAPHS AND PERSONAL DETAILS 63. The Promoter collects personal information from entrants in order to facilitate the Promotion. Entrants personal information may also be provided to third parties (including prize suppliers) for the purpose of administering this Promotion or providing prizes or to the State and Territory lottery departments as required under the relevant lottery legislation. If the information requested is not provided, the entrant may not be eligible to participate in the Promotion. 64. The Promoter will handle personal information disclosed by the entrant in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth) and the terms of its privacy policy located at All entries will be entered into a database upon registration, and the Entrant agrees that where they have opted in, the Promoter may also use personal information for future promotional, marketing and publicity purposes, including keeping the entrant informed of the latest VRC news, events, promotions, surveys and offers. If the Entrant has opted in, their personal information may also be disclosed to VRC staff, authorised third parties including relevant service providers and where applicable, the Promoter s partners and sponsors to enable communication for the specific purposes. Entrants may access the information that the Promoter holds about them, or request to opt-out of any future communications by contacting the Promoter s Privacy Officer at 448 Epsom Road, Flemington, Victoria Without limitation, Entrants authorise and grant the Promoter:

8 a) the right to record the their image, voice and performance during the Competition, including in photographs, film and other audio-visual materials (the Materials); and b) the right to copy, adapt, edit, alter, reproduce, publish, distribute, exhibit, broadcast, transmit, and otherwise exploit, and permit others (including Myer) to exploit, parts or all of the Materials which have been recorded of the Entrant in all media (including but not limited to on websites or via digital applications, and via social media such as Facebook or YouTube), throughout the world and in perpetuity, for the purposes of publicity, marketing, advertising and promotion of the VRC, Flemington Racecourse and any racedays or events organised by the VRC including future Fashions on the Field competitions, without further credit, compensation or reward. 67. Entrants acknowledge and agree: a) that all copyright and intellectual property in the Materials belongs, or is assigned, to the Promoters b) releases the Promoter from any claims they may have relating to the Materials or any use, reproduction, publication, editing or changes made to or of the Materials; and c) waives, in favour of the Promoter, any rights in the nature of moral rights as defined in the Copyright Act 1968 (Cth) in relation to the Materials, including but not limited to any rights of authorship or attribution, and consent to any acts by any Promoter which may infringe such moral rights. 68. Entrants will ensure that their models (by signing a release provided by the Promoter) will agree to the terms of Clause 66 and 67. GENERAL 69. All entries become the property of the Promoter when submitted. 70. Information and details of the Terms and prizes (including prize values) was correct at the time of publication. 71. Separate Terms and Conditions apply for the 2015 Myer Fashions on the Field Men s Racewear, Women s Racewear, State Finals, Millinery Award competitions. 72. By entering the competition, each Entrant warrants that their entry is their own original work, that they have received the consent of any third party that has provided any item of clothing or accessory that supplements the entry, and that they do not infringe the rights (including intellectual property rights) of any third party. Each Entrant indemnifies the Promoter for any costs or loss incurred by the Promoter as a result of this warranty being false or incorrect. 73. If, for any reason, the competition or any of the prizes are not capable of being run or offered as planned, the Promoter reserves the right in its absolute discretion to take any action that may be available to it. Any actions are subject to State and Territory regulations and may include cancellation, termination, modification or suspension of the competition. If the competition is not capable of being run, the Promoter will not be liable for any loss or damage of any kind to Entrants arising out of any resultant action taken by the Promoter. 74. Unless required by any law, including the Australian Consumer Law, the Promoter, and its respective officers and employees, its agents, its contractors, its associated entities and their respective officers will not be liable for any loss (including but not limited to, indirect, special or consequential loss, loss of opportunity or loss of profits), expense, damage, personal

9 injury or death which is suffered or sustained in connection with any part of this competition (including entry, collation of Entrant details and determination of the winners), or use or acceptance of the prize or the prize itself, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum extent allowable by law). 75. The Promoter is not responsible for any problems or technical malfunctions of any telephone network, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the internet or at any website, or any combination thereof. If for any reason any aspect of the competition is not capable of running as planned due to such technical malfunctions, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition and invalidate any affected entries. 76. If requested by the Promoter, any Entrant, model or winner (and their companion(s), if applicable) (or if a Entrant, winner or companion is not an adult, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this competition and/or providing the prize prior to undertaking any specified activities forming part of the competition, acceptance or use of the prize or the prize itself. If any Entrant, model or winner, nominated companion or parent/guardian (if applicable) does not sign the indemnity form provided by the Promoter, within the time requested by the Promoter, the relevant Entrant s, model s or winner s entry or claim will be deemed invalid. Where a winner s entry or claim is deemed invalid, the prize will be deemed unclaimed. 77. The Promoter may at its absolute discretion, prohibit or disqualify a Entrant or their model from participating in the 2015 Design Award at any time (at any time before or during the competition), cancel or suspend a prize or cease to provide prize to a winner, if the Promoter is made aware that the Entrant or their model (at any time before or during the competition) or the prize winner (at any time during the 2015/2016 period as a representative of the 2015 Myer Fashions on the Field competition) or any of their companion(s) are, in the reasonable opinion of the Promoter: a) under the influence of alcohol or drugs; b) engaging in criminal behaviour; c) behaving aggressively, disruptively or in any other inappropriate manner; d) engaging in conduct that is misleading, deceptive or contrary to law; or e) engaging in any other conduct or behaving in any other manner which might reasonably be expected to adversely affect the image of, or otherwise diminish the good name and reputation of the Promoter, its Sponsors or any of their respective events, goods or services. 78. If the Entrant or Winner engages in any conduct under Clause 77, the Promoter in its sole discretion may prohibit the Entrant or Winner from participating in future Fashions on the Field events conducted or promoted by the Promoter. 79. The Promoter's decisions in connection with the competition are final and no correspondence will be entered into. 80. These Terms are governed by the laws of Victoria, Australia. Each Contestant submits to the exclusive jurisdiction of the courts exercising jurisdiction there in connection with matters

10 concerning these Terms and waives any rights to claim that those courts are an inconvenient forum. 81. The Promoter is Victoria Racing Club Limited ACN , 448 Epsom Rd, Flemington, Vic, 3031.

11 PRIZE SCHEDULE 2015 MYER FASHIONS ON THE FIELD DESIGN AWARD DESIGN AWARD Winner A 12 month lease of a Lexus NX300h SUV valued at $20,000 Two (2) return economy airfares from Melbourne to Paris flying Emirates valued at $5,000. Travel must be booked before 30 June 2016** One (1) travel/accommodation voucher supplied by the Promoter valued at AUD$2000 for any domestic or international travel or accommodation booked before 30 June One (1) Myer Shopping Spree to the value of AUD$4,000^ A Fashion feature (of at least 1 page minimum) in Inside Headquarters Magazine valued at AUD$2,850 Antler luggage to the value of $1,000 Second Place Two (2) night s accommodation for two people in a classic king room at Sofitel Melbourne on Collins valued at $1,200 to be used before 30 June (Breakfast not included) One (1) Myer Shopping Spree to the value of $2,000^ Antler luggage to the value of $500 Third Place Two (2) night s accommodation for two people in a classic king room at Sofitel Melbourne On Collins valued at AUD$1,200 to be used before 30 June (Breakfast not included) One (1) Myer Shopping Spree to the value of $1,000^ Antler luggage to the value of $300 Finalists x 7 One (1) Myer Gift Card to the value of $100^ Antler luggage to the value of $150 A flute of Yellowglen Sparkling on event day ** Airfares - Redemption of airfares is subject to availability and may be dependent on travel class availability, and travel blackout periods applying (including school holidays and public holidays). To avoid doubt, the Winner and their guest are responsible for all travel and accommodation expenses (including interstate travel to Melbourne, and airport transfers) in getting to and from Melbourne Airport. ^Myer Voucher - Terms and conditions apply as detailed in Clauses 42 and 43 of the Design Award Terms and Conditions