Terms and Conditions WIN a Nikon Coolpix S3000 Digital Camera - Facebook customers only 1. General Entry Information on how to enter this WIN a Nikon Coolpix S3000 Digital Camera - Facebook customers only promotion form part of these terms and conditions (the Terms and Conditions). 1.1. The promoter is Sky Channel Pty Ltd, 5 Bowen Crescent, Melbourne, VIC, ABN 77 009 136 100 (the Promoter). 1.2. Entry is open to all residents of Australia of all ages who like the Sky Racing facebook page (an Eligible Participant). 1.3. By entering and/or participating in the Promotion, each Eligible Participant agrees to abide by these Terms and Conditions. 1.4. The following people are not eligible to participate in the Promotion: (a) Directors, officers and employees of the Promoters and its related companies; (b) Directors, officers and employees of contractors to the Promoters; and (c) Immediate family of (a) or (b). For the purposes of these Terms and Conditions, immediate family means spouse (including de facto), parent, child and stepchild. 1.5. The Promotion is a game of skill adjudged according to the Set Criteria detailed in clause 5.2. Chance plays no part in determining the Winner. 2. Term of Promotion The Promotion commences at 2:00 PM (AEDT) on Tuesday 25 October 2011 and ends at 1:00 PM (AEDT) on Tuesday 1 November 2011 (the Promotion Period). 3. How to Enter
To enter, an Eligible Participant must, during the Promotion Period: Get 2 of their friends to LIKE the Sky Racing Facebook page; and then send an email to SKYSocial@tabcorp.com.au which: 1. lists the 2 friends who LIKED the Sky Racing Facebook page; 2. attaches a photograph that the Eligible Participant has taken that depicts Great Racing Action (the Photograph); and 3. acknowledges they have read and agree to these terms and conditions will be an Eligible Entrant. The Photograph MUST be the original work of the Eligible Participant.. An Eligible Participant may enter the Promotion more than once, provided that for each entry, the two friends who LIKE the Sky Racing Facebook page are unique, and each Photograph is unique. In the event multiple entries are received containing the names of the same people who have LIKED the Sky Racing Facebook page, only the person who sent the first entry with those unique names will be an Eligible Entrant. Photographs must be in good taste. Any entry that contains a Photograph that depicts an illegal activity or a breach of any law will not be a valid entry for the purposes of this Promotion, and the Photograph, and the Eligible Participant s details, may be passed onto any relevant authority.
4. Copyright in the Photograph 4.1. All Eligible Participants warrant that at the time of submitting their Entry they are the owner of the copyright and any other intellectual property rights associated with the Photograph. 4.2. Each Eligible Entrant, by entering the competition, provides the Promoter and its related bodies corporate, a non-exclusive license to use the Photograph without any further reference, payment or other compensation to the Eligible Entrant: 4.2.1.1. in any future advertising/promotional material; and 4.2.1.2. for any promotional purposes associated with this competition. 4.3. Each Eligible Entrant undertakes not to assign, sell or otherwise deal with the Copyright in their Photograph without providing notice to the third party they are dealing with that they have granted to the Promoter the above license. 4.4. Each Eligible Entrant agrees to indemnify and hold the Promoter harmless against any loss, damage or costs including reasonable solicitors costs) incurred ion connection with claims, demands, suits, proceedings (Claims) made or brought against the Promoter by any third party alleging that the Photograph infringes that third parties copyright or any other intellectual property right. 5. Selection of Winner 5.1. The winner will be selected from all Eligible Entrants by the Promoter in accordance with the Set Criteria set out in clause 5.2 below. 5.2. The winner will be the Eligible Entrant whose Photograph is judged as the most creative picture in accordance with the theme of Great Racing Action as selected by the Sky Racing Marketing team (the Winner). 6. The Prize 6.1. The Prize The Winner will receive a Nikon Coolpix S3000 Digital Camera (the Prize). The total prize pool value is $200.00 6.2. Prize Specific Conditions 6.2.1. The Prize must be taken as offered, is not redeemable for cash, and is not transferrable. 6.2.2. In the event that for any reason whatsoever a Winner does not accept the Prize (including if the Promoter is not able to successfully get in contact with a Winner after making all reasonable attempts to do so) by 5:00 PM (AEDT) (midday) on Wednesday the 2 nd November 2011 then the Prize will be
forfeited by that Winner. 7. Prize Winner Notification The Winner will be notified via email by 5:00pm Tuesday the 1 st November 2011, and announced on the Sky Racing Facebook and Twitter page. 8. Delivery of Prize The Promoter will post the Prize to the Winner at their nominated postal address by Friday the 11th November 2011. 9. Tax Issues & Costs 8.1 Any taxes which may be payable as a consequence of a Winner receiving the Prize are the sole responsibility of that Winner. The Promoter accepts no responsibility for any tax implications that may arise from the Promotion and encourages each Winner to seek independent financial and tax advice. 8.2 With the exception of the delivery costs of the Prize to the Winner, all costs associated with the Prize, is the responsibility of the Winner. 10. Exclusion of Liability 10.1. Whilst the Promoter will use all reasonable endeavours to arrange the delivery of the Prize in accordance with clause 7, by entering into this Promotion, each Winner acknowledges that circumstances beyond the reasonable control of the Promoter may prevent the delivery of the Prize by that date, or at all, which include the failure by a Winner to notify the Promoter of any change of delivery address of the Prize (if applicable). In such circumstances, and where the Promoter forms a reasonable belief that any delay or loss of the Prize has not been caused or contributed by that Winner's negligence, fraud or misconduct, the Promoter may re-deliver the Prize to that Winner. 10.2. 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. 11. Use of Personal Information / Marketing 11.1. The Promoter complies with the National Privacy Principles contained in the Privacy Act 1988 (Cth). 11.2. 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. 11.3. The Promoter may disclose Eligible Participants' personal information to its contractors and agents to assist in conducting this Promotion or communicating with Eligible Participants. 11.4. 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. 11.5. 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 but not limited to, SMS, MMS, and email regarding any promotional, marketing and publicity activities. 11.6. 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. 11.7. For more information, refer to the Promoter s Privacy Policy located on the Promoter s website. wwww.skyracing.com.au. 12. General Conditions 12.1. The Promoter, its employees, officers, agents, and its parent companies and subsidiaries are not responsible for and shall not be liable for: 12.1.1. any condition caused by events beyond the control of the Promoter that may cause the Promotion to be disrupted or corrupted; 12.1.2. 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 number1club.com.au or tab.com.au; or 12.1.3. any printing or typographical errors in any materials associated with the Promotion. 12.2. The Promoter reserves the right, in its sole discretion, to: 12.2.1. 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; unauthorized human intervention; or other causes beyond the reasonable control of the Promoter; 12.2.2. disqualify any Eligible Participant who engages in offensive, illegal or objectionable conduct in respect of this Promotion; 12.2.3. 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 and,
12.2.4. 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 12.2.5. request that a Winner provide proof of age, identity or proof of residency at the nominated Prize delivery address. 12.3. In the case of the intervention of any outside agent or event which naturally changes the result or prevents or hinders it's 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 event and recommence it from the start on the same conditions subject to State Regulation. 12.4. It is a condition of accepting the Prize that each Winner may be required to sign a legal release in a form determined by the Promoter and agreed to by each Winner, acting reasonably. 12.5. 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. 12.6. In the event that a Winner is identified as a person who is in breach of these Terms and Conditions (the Refused Winner), the Promoter reserves the right to refuse to allow a Refused 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.