2015 MYER FASHIONS ON THE FIELD MEN S RACEWEAR TERMS AND CONDITIONS (Current as at 31 August 2015)

Transcription

1 2015 MYER FASHIONS ON THE FIELD MEN S RACEWEAR TERMS AND CONDITIONS (Current as at 31 August 2015) ENTRY CONDITIONS 1. Details on enter the 2015 Myer Fashions on the Field Men s Racewear Competition (Competition) and further details of the prizes and their value may be found at and form part of these terms and conditions. 2. By participating in Competition, contestants (Contestants) agree to observe and be bound by these terms and conditions, the Contestant Criteria and VRC s Ticketing and Conditions of Entry for Flemington Racecourse located at (together the Terms). 3. Separate terms and conditions apply for the 2015 Myer Fashions on the Field Women s Racewear, Design Award & Millinery Award. For the purposes of this Competition, these Terms will take precedence in the event of any inconsistency. 4. The Competition will be conducted at the Myer Fashions on the Field enclosure (Myer FOTF Enclosure) at Flemington Racecourse at 448 Epsom Road Flemington, Victoria (Flemington) on AAMI Victoria Derby Day, Saturday 31 October 2015 at approximately 1:00pm AEST. HOW TO ENTER 5. Contestants must register to participate in the Competition by: a) registering online between 9am AEST Monday 1 September 2015 up to 5pm AEDT Wednesday 28 October 2015 (Online Registration Period); or b) registering on the day of the Competition (being Saturday 31 October 2015) on at the registration desk located at the Myer FOTF Enclosure, between 12.45pm and 1.15pm. Time for registration on the day is limited and will only be accepted if time permits. 6. Unless otherwise stated by the Promoter, all Contestants (including those who registered online) must collect their contestant number from the registration desk at the Myer FOTF Enclosure between 12.45pm and 1.15pm on the Competition Day. 7. No responsibility will be taken for incomplete, late or lost entries or if the Contestant is late to register, or collect their Contestant number during the times prescribed at Clauses 6 and 7. Incomplete or illegible entries will be deemed invalid. 8. Unless expressly stated in these terms and conditions, all travel and accommodation expenses incurred by a Contestant in getting to the Melbourne Cup Carnival and participating in the competition is the sole responsibility of the Contestant.

2 ELIGIBILITY 9. To be eligible to participate in competition, Contestants must acknowledge and agree to the following contestant criteria (Contestant Criteria): a) Contestants must be 18 years of age or older on the Competition Day and proof of age may need to be provided at the time of registration; b) Contestants and/or their outfits are not permitted to promote commercially a brand, store or designer or receive a commercial benefit from appearing in the competition; and c) Contestants are not permitted to alter or add to their outfit in any way from the beginning until the end of the Competition. 10. Entry may be refused if a Contestant does not meet one or more of the Contestant Criteria, which are available at the point of online or daily registration, or by visiting Employees, directors and other representatives of the Promoter, host race clubs and organisations involved in sponsoring or conducting any 2015 Myer Fashions on the Field event associated with the VRC (and any individuals so involved, including judges) are ineligible, as are members of their immediate families and households. 12. The winner of the 2014 Myer Fashions on the Field Men s Racewear competition is ineligible to enter the 2015 Competition. 13. Contestants participating in the 2015 Myer Fashions on the Field Design Award and/or Millinery Award Competitions as a milliner or designer are not eligible to enter the 2015 Myer Fashions on the Field Women s or Men s Racewear competitions and no item of clothing, headwear or accessory worn in the Millinery Award and/or Design Award may be worn by any Contestant in the 2015 Men s Racewear competition (and vice versa). 14. Contestants may (at the absolute discretion of the Promoters) be disqualified from the Competition and any future Myer Fashions on the Field competitions if any item of clothing, headwear or accessory is found to be used in both 2015 Men s Racewear competition and the Millinery and/or Design Award. 15. Any person who is in any way involved with, works as or otherwise works for an organisation or individual (including designers) that commercially produces fashion clothing, hats or similar for profit, is also ineligible to enter the competition. 16. 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 the Contestants who fail to register in time, or 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. 17. Contestants must not in any way disparage or make derogatory comments in any form (whether verbally, electronically or otherwise) about the Promoter, any competition associated with the 2015 Myer Fashions on the Field competition or

3 other contestants at any time. If a Contestant 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 NO COMMERCIAL INVOLVEMENT 18. Neither Contestants nor their outfits are permitted to commercially promote a brand, store, or designer or any other commercial enterprise. 19. Contestants may only enter the competition in their own private capacity and not on behalf of a third party including any commercial enterprise. 20. Contestants must not receive any payment or benefit from a third party (including any commercial enterprise) for entering, participating or otherwise in connection with, the competition. JUDGING 21. The judging criteria (Judging Criteria) for the 2015 Myer Fashions on the Field Men s Racewear competition is as follows: a) Style and originality b) Appropriateness of the outfit for the Melbourne Cup Carnival and the individual c) Attention to detail with accessories d) Understanding and interpretation of the current fashion trends e) Grooming and deportment 22. The Promoter will select the judging panel and each validly entered contestant will be judged based on the Judging Criteria (as interpreted by the judges in their absolute discretion). The judges decision is final and binding on every contestant and no correspondence will be entered into. 23. In the event of a draw, the Promoter s adjudicator (a VRC representative) will determine the winner. 24. The 2015 Men s Racewear competition is a game of skill. Apart from the drawing of the online registration prize winner, 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. MEN S RACEWEAR COMPETITION PROCESS 25. The 2015 Myer Fashions on the Field Men s Racewear Competition will be conducted on AAMI Victoria Derby Day, Saturday 31 October 2015 at approximately 1pm AEDT. 26. Contestants in the Competition will compete in a series of stages (known as heats) on the day and will be directed onto stage shortly after registration. Contestants 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.

4 27. Once a Contestant has entered the heats of the 2015 Competition, the Contestant is not permitted to make any further alterations or additions to any of the garments, otherwise they will be disqualified from the Competition. 28. Based on the Judging Criteria, the judges will then select a minimum of 20 entrants from the total number of entrants to compete in the Preliminary Final. 29. A Preliminary Final will then be held at approximately 1.25pm AEDT on the Competition Day, and the judges will then select 10 Preliminary Finalists to compete in the Final. 30. The Final will then be held at approximately 2.00pm on the Competition Day 31. Based on the Judging Criteria, the judges will then select a Winner, a Second Place and a Third Place. ONLINE REGISTRATION PRIZE Presented on AAMI VICTORIA DERBY DAY 2015 only 32. All Contestants that validly registered online for the Victorian Competition during the Online Registration Period, will be automatically entered into the draw to win the prize set out in the Prize Schedule. 33. The draw method will be via a computerised draw system or selection to be drawn at approximately 2.15pm AEDT on AAMI Victoria Derby Day The computerised draw system used to draw the prize(s) will be operated by a suitably qualified person in the operation and integrity of such systems. 34. The winner of the online registration prize is not required to attend the draw, and will be contacted in writing and by telephone, and their name published on the VRC website for a period of 28 days ( from Monday 9 November If the winner cannot be contacted by 5pm AEDT on Monday 7 December 2015, the prize will be re-drawn at 10am AEDT on Tuesday 8 December 2015 at the Promoter s offices. WINNERS AND PRIZES 36. Winners will be notified on the day of their event via MC announcement at the conclusion of each heat or final as applicable. 37. The Winner and all Finalists will receive the prizes described and set out in the Prize Schedule. 38. The total prize pool for the Competition is valued at over $54,923 (inc. GST). GST does not apply to the issuing of Gift Cards. 39. 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. 40. 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

5 between the printing date and date the prize is claimed. All prize values are in Australian dollars. 41. All prizes remain the property of the winner once awarded. No interest in a prize may be granted or transferred to a third party by a winner. 42. If for any reason, the Promoter becomes aware after a Contestant has won a prize that the Contestant has not complied with the Terms or that their entry is otherwise invalid, that Contestant will have no entitlement to that prize, even if the Promoter has announced them as the winner and that Contestant will be required, at the direction of the Promoter to return, refund or otherwise make restitution of the prize. 43. 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. 44. 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. 45. All travel and accommodation prizes must be taken exactly as specified by the prize provider, and by no later than 30 June 2016, unless the Promoter or prize provider advises otherwise. Conditions of travel, accommodation and vehicle leasing or use apply and travel and accommodation prizes are subject to availability. 46. 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. 47. 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). 48. Frequent flyer points will not form part of any travel prize and cannot be claimed by a prize winner or other companions. 49. 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. It is the contestant 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.

6 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 provision of this vehicle prize is subject always to the terms and conditions of the prize supplier being Lexus Australia, a division of the Toyota Motor Corporation Australia Limited (Lexus). b) The Winner must commence their lease within 6 weeks of the winner being announced, unless the prize provider advises otherwise. c) 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. d) 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. e) 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. f) 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. g) Additional insurance, petrol and all other ancillary costs with using the vehicle are the responsibility of the Winner. h) 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. i) The Winner warrants that by accepting the prize, they confirm that at the date of collection of the vehicle that they:

7 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. j) If the Promoter or Lexus becomes aware that the Winner has breached the terms of Clause 52 (i), 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). k) 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). l) If the National Final 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 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 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. 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.

8 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 Winner of the Competition must be available for a minimum of eight promotional appearances, if required by the Promoter, during 2015/2016, free of charge. The Promoter will be responsible for reasonable transport and transfer costs where the winner is required to attend. 60. Should a winner prove to be ineligible for a competition, be unable to fulfil the Contestant Criteria in any way, not agree to any of the Terms, breach these 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 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 from the 2015 Myer Fashions on the Field Men s Racewear competition are not permitted to enter the 2016 competition in the same outfit. 62. The 2015 Men s Racewear Winner is not permitted to enter the Myer Fashions on the Field Men s Racewear competition in The winner of the 2015 Myer Fashions on the Field Men s Racewear competition must not become an ambassador, face of, judge of a fashion competition, spokesperson for, or associated with any other racecourse in Australia than Flemington, unless approved in writing by the Promoter, within 12 months after winning the 2015 Myer Fashions on the Field Men s Racewear competition. PHOTOGRAPHS AND PERSONAL DETAILS 64. The Promoter collects personal information from Contestants in order to facilitate the Promotion. Contestants 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 Contestant may not be eligible to participate in the Promotion. 65. The Promoter will handle personal information disclosed by the Contestant 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 contestant 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, surveys promotions and offers. If the contestant has opted in, their personal information may also be disclosed to VRC staff, authorised third parties including relevant service providers

9 and where applicable, the Promoter s partners and sponsors (including Myer) to enable communication for the specific purposes. 67. Contestants 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, contestants authorise and grant the Promoter: a) the right to record the their image, voice and performance during 2015 Myer Fashions on the Field Men s Racewear competition and 2015 Melbourne Cup Carnival, 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 Contestant 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 VRC, Flemington Racecourse and any racedays or events organised by VRC including future Fashions on the Field competitions, without further credit, compensation or reward. 69. Contestants 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. GENERAL 70. All entries become the property of the Promoter when submitted. 71. At the time of publishing all information was correct. 72. 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 contestants arising out of any resultant action taken by the Promoter. 73. Unless required by any law, including the Australian Consumer Law, the Promoter, and its respective officers and employees, its agents, its contractors, its associated

10 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 injury or death which is suffered or sustained in connection with any part of this Competition (including entry, collation of contestant details, prize draw 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). 74. If requested by the Promoter, any contestant or winner (and their companion(s), if applicable) (or if a contestant, 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 contestant, 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 contestant 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. 75. The Promoter may at its absolute discretion prohibit or disqualify a Contestant from participating in this Competition, cancel or suspend a prize or cease to provide prize to a prize winner if the Promoter is made aware that the Contestant (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. 76. If the Contestant or Winner engages in any conduct under Clause 98, the Promoter in its sole discretion, may prohibit the Contestant or Winner from participating in future Fashions on the Field events conducted or promoted by the Promoter. 77. 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

11 malfunctions, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition and invalidate any affected entries. 78. The Promoter's decisions in connection with the Competition are final and no correspondence will be entered into. 79. 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 concerning these Terms and waives any rights to claim that those courts are an inconvenient forum. 80. The Promoter is Victoria Racing Club Limited ACN , 448 Epsom Rd, Flemington, Vic, 3031.

12 PRIZE SCHEDULE 2015 MYER FASHIONS ON THE FIELD MEN S RACEWEAR Winner 12 Month Lease of a Lexus NX 300h valued at $20,000 A trip for two to Hong Kong valued at $10,000 A meet and greet with Jennifer Hawkins (date and time to be determined by the Promoter) - this is a money can t buy experience and is subject to Ms Hawkins availability Myer Shopping Spree to the value of $6,000^ A TCL TV package including 55" Ultra HD Smart TV plus a 40" Full HD LED TV valued at a total of $2,298 Longines Conquest Watch, valued at $1,725 Antler luggage to the value of $1,100 Hospitality for the winner and a guest in the Myer Fashions on the Field enclosure on AAMI Victoria Derby Day Second Place Myer Shopping Spree to the value of $3,000^ Longines Flagship Watch, valued at $1,875 Two nights accommodation for two people in a classic king room at Sofitel Melbourne On Collins valued at $1,200 Antler luggage to the value of $500 A flute of Yellowglen Sparkling on event day Third Place Myer Shopping Spree to the value of $2,000^ Longines Conquest Watch, valued at $1,475 Two nights accommodation for two people in a classic king room at Sofitel Melbourne On Collins valued at $1,200 Antler luggage to the value of $300 A flute of Yellowglen Sparkling on event day Finalists x 7 Antler luggage to the value of $150 Myer Gift Card to the value of $100^ A flute of Yellowglen Sparkling on event day Men s Online-Registration Competition Myer Gift Card to the value of $500^

13 ** 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 35 and 36 of the Terms and Conditions