Participation in this promotion is deemed acceptance of these conditions of entry.
The promotion is open to all residents of Australia except employees of Melbourne International Festival of the Arts, China Southern Airlines and Yarra Trams, their immediate families and employees of the other agencies and companies associated with this promotion and their immediate families. If an entrant is under the age of 18 years at the time of entering, the entrant must have prior parental or legal guardian consent to enter. If the winner is under the age of 18 years, the prize will be awarded to the winner's parent or legal guardian. As a condition of accepting the prize, the winner's parent or guardian accepts these conditions.
Only one entrant per person will be accepted. Duplicate entries will be removed prior to drawing the winner.
Promotion commences 9AM (AEDT) on 06/10/16 and closes at 11.59PM (AEDT) on 23/10/16 (Promotion Period).
To enter, entrants must, during the Promotion Period: a. visit www.festival.melbourne/yarratrams and fully complete and submit the online entry form, including by providing their contact details and answer the following question: 'Who is Melbourne Festival's Official Airline Partner?'
Entries must be received during the Promotion Period. Entries are deemed to be received at the time they are received by the Promoter's database and not at the time of submission by the entrant. The Promoter is not liable for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence due to error, omission, tampering, deletion, theft, communications failure or otherwise. The Promoter has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Entrants who enter using multiple email addresses or aliases may be disqualified. Consumers are responsible for their own costs associated with accessing the Internet. Automatically generated entries will not be accepted.
China Southern Airlines reserves the right to select the winner. Their decision in relation to all aspects of this promotion is final and binding, and no correspondence will be entered into.
The Promoter is entitled to use any of the entries submitted in any manner and for any purpose at its absolute discretion, including using the entries for future promotional, marketing and publicity purposes without any further reference or payment or other compensation to the entrant. The promoter is entitled to amend, edit, add to or delete from any part of any submitted entry.
Entries must not be offensive, defamatory or racist. Any entry which the judges deem inappropriate will be invalid. The entrant agrees to indemnify the Promoter for any breach of this clause.
The promotion will be judged by a panel appointed by the Promoter and judging will begin at the Promoter's premises on 24/10/16. The prize winner will be notified by phone and/or in writing, using contact details provided in their entry.
The total prize is valued at AUD$2,000.
The winners may be required to sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this promotion and/or providing the prize prior to undertaking the activities included in the prize. If a winner or his/her nominated companion does not sign the form provided by the Promoter within the time requested by the Promoter, the winner's entry or prize claim will be deemed invalid.
The Promoter may require the winner to provide proof of identity, proof of age and proof of residency. Identification considered suitable for verification is at the Promoter's discretion.
Prize values mentioned are in Australian dollars and are the recommended retail value as provided by the supplier and are correct at the time of printing. The Promoter is neither responsible nor liable for any change in the value of a prize occurring between the publishing date and the date the prize is claimed.
The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this promotion by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the promotion or acts in violation of these conditions, acts in a disruptive manner or acts with the intent or effect of annoying, abusing, threatening or harassing any other person. The Promoter may in its absolute discretion cancel the prize or otherwise cease to provide any benefit of the prize to the winner (and their companion) if the winner (or their companion), in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate or the agencies or companies associated with this promotion, is contrary to law or is otherwise inappropriate.
The prize is not transferable or exchangeable and cannot be redeemed for cash. If for any reason the winner or their companion does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited and cash will not be supplied in lieu of that element of the prize. In the event that the prize, or part of the prize, is unavailable, the Promoter reserves the right to substitute for the prize or part of the prize in its discretion an alternative prize or part of the prize to the same recommended retail value and/or specification as determined by the Promoter.
If a winning entry is deemed not to comply with these conditions of entry, the entry will be discarded and the prize will be awarded to the entrant who submitted the next best valid entry.
Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including under the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) excludes all liability (including in negligence), for any personal injury or any other loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, arising in any way out of or in relation to the promotion.
Without limiting clause 25, except for any liability that cannot be excluded by law, including under the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) is not responsible for and excludes all liability (including in negligence) for any personal injury or any other loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, 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; and (e) use of a prize.
Where the Promoter would be liable under the Non-Excludable Guarantees, the Promoter's liability is limited to the minimum allowable by law.
The Promoter is not liable for any tax implications arising from prize winnings. Independent financial advice should be sought. Where this promotion involves, for GST purposes, supplies being made for non-monetary consideration, entrants will follow the Australian Taxation Office's stated view that where the parties are at arm's length, goods and services exchanged are of equal GST inclusive market values.
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) to modify, suspend, terminate or cancel the promotion, as appropriate.
The Promoter may communicate or advertise this promotion using Facebook. However, the promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants are providing their information to the Promoter and not to Facebook. Each entrant completely releases Facebook from any and all liability.
All entries will be the property of the Promoter. The information entrants provide will be used by the Promoter for the purpose of conducting this promotion. The Promoter may disclose entrants' personal information to its contractors and agents to assist in conducting this promotion or communicating with entrants. If the entrant has marked the “opt-in” box on the entry form, the entrant consents to the storage of their personal information on the Promoter's database and the Promoter may use this information for future promotional and marketing purposes regarding the Promoter's products and services including contacting the entrant via electronic messaging. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Entrants can request access to the personal information the Promoter holds about them by contacting the Promoter at the address below.
The Promoter is Melbourne International Festival of the Arts Limited (ABN 41 058 535 863), Level 2, Yarra Building, Federation Square, Melbourne VIC 3000.