Terms and Conditions

Terms and Conditions

General

1. The above Particulars and information on how to enter and prizes forms part of the terms of entry. Entry into the Promotion is deemed acceptance of these terms and conditions. If there is any inconsistency between these terms and conditions and anything else that refers to this Promotion, these terms and conditions prevail.

Who can enter?

2. Entry is open to all persons who meet the eligibility requirements set out in the Particulars except that directors, contractors and employees (and immediate family members, meaning any of the following: spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent or step-parent) of the Promoter and of companies, suppliers and agencies associated with the Promotion including Racing Victoria are not eligible to be a winner of the Promotion. Eligibility requirements must be met at the time of entry and at the time of determining prize winners.

3. The Promoter reserves the right at its sole discretion to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity in order to claim a prize. If a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

When to enter

4. Promotion opens and closes as set out in the Particulars (Promotion Period). Entries must be received by the Promoter in the Promotion Period.

5. All entries are deemed received at the time of receipt by the Promoter of the completed materials submitted in the entry process described in the above Particulars, not at the time of transmission by the entrant.

6. The Promoter accepts no responsibility for any late, lost, misdirected, delayed, ineligible, incomplete or corrupted entries or delays in the delivery of entries due to technical disruptions, network congestion or for any other reason.

How to enter

7. How to enter details are as set out in the Particulars.

8. Entrants must take full responsibility for their entry content and ensuring that their entry complies with these terms and conditions. “Entry content” includes any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion. Entries must be the entrant’s original work and must not include any third-party audio content (including recorded music). The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry. An entrant’s entry must not include:

(a) any image or voice of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;

(b) any content that contravenes any law, infringes the rights of any person or is potentially insulting, inflammatory, defamatory, obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing);

(c) any content that promotes gambling; and

(d) any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these terms and conditions.

The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner’s entry includes content as described in any of paragraphs (a) to (c) above.

9. Entrants must not: (a) tamper with the entry process; (b) engage in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion; (c) submit an entry that is not in accordance with these terms and conditions; (d) use a third party (including online competition entry site) to enter on their behalf, except where the entrant needs to use those services of that third party to enter due to a disability; or (e) engage in conduct in entering the Promotion which, in the opinion of Promoter, is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion, Promoter, Racing Victoria and/or Victorian thoroughbred horse racing industry.

If an entrant is found to have breached these terms and conditions including this clause 9, the entrant will be disqualified and their entry invalidated, and any claim to any prize will be invalidated. Without limiting the foregoing, where such an entrant has already been awarded a prize before being found to have breached these terms and conditions, the entrant must immediately return any awarded prize to the Promoter.

10. The Promoter has sole discretion to determine if these terms and conditions have been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm or deny its suspicions in this regard and any failure to provide such requested documentation to the Promoter on request gives Promoter the right to disqualify the entrant. The Promoter’s legal rights to recover damages or other compensation from any offender are reserved.

Number of Entries permitted

11. A maximum of one (1) entry is permitted per person.

Judging and Notification of winner

12. The winner/s will be the valid entry/ies submitted in accordance with these terms and conditions that is/are judged to be a winning entry in accordance with the Particulars.

13. If any particular judging is scheduled on a public holiday, the judging will be conducted on the following business day.

14. The Promoter’s decision is final, and the Promoter will not enter into correspondence regarding the competition result or any other decisions the Promoter makes in connection with the Promotion.

15. The winner: a) will be notified in accordance with the Particulars set out above; and b) will have their first name or first initial, surname and postcode published on the Winner notification website set out in the Particulars approximately seven (7) days after the final draw date and will remain on the website for a minimum of thirty (30) days.

16. If an entrant’s contact details change during the Promotion Period, the entrant must notify the Promoter. A request to access or modify any information provided in an entry should be sent to the Promoter.

17. At the same time as the initial judging, the judge/s will select the next best entries (on the same judging criteria) after the winning entry/entries and these entries will only become winners if there is any unclaimed prize or invalidated prize .

Prize on offer

18. Prizes are as set out in the Particulars.

19. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.

20. Prizes cannot be transferred or exchanged.

21. All entrants agree that if they win the prize, they will not, and their companions will not, sell or otherwise provide their story and/or photographs in relation to the taking of the prize, to any media or other organisation, without the Promoter’s prior written consent. Photographs will be allowed to be taken only at the discretion of the Promoter and the prize provider.

Prize clauses

22. In order to receive any cash prizes, the name provided by the entrant in their entry must be the same as the name of an eligible bank account into which a cheque can be deposited. If a winning entry does not contain this information, then the Promoter may not be able to distribute the prize to the winner.

Further Terms and Conditions

23. If for any reason this Promotion is not capable of running as planned, including (without limitation) due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, epidemic or pandemic, or public health order, the Promoter reserves the right in its sole discretion to take any action that may be available, and (without limitation) to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.

24. If the prize is unavailable, for whatever reason including (without limitation) due to causes beyond the control of the Promoter, including but not limited to natural disasters, acts of God, civil unrest, strike, war, act of terrorism, epidemic or pandemic, or public health order, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State and Territory legislation.

Copyright

25. The Promoter acknowledges that the entrant owns intellectual property rights (including copyright) in the video that they create and post as part of their entry into this Promotion (Works). The entrant does not transfer their intellectual property rights to the Promoter by submitting an entry.

26. The entrant grants the Promoter a non-exclusive, irrevocable, perpetual, royalty-free, worldwide, sublicensable licence to use the Works (including modifying, adapting or publishing the Works, whether in original or modified form, in whole or in part, to use, modify, delete from, add to, publicly display, share on social media platforms and reproduce, the Works, including without limitation, in any online media formats and through any social media channels, pages or accounts) for the purpose of running the Promotion, promoting and celebrating the Promotion and future promotions of Racing Victoria, promoting and celebrating the events and activities of Racing Victoria including the Spring Racing Carnival and to promote Racing Victoria and thoroughbred horse racing generally, and agrees that the Promoter may assign and/or sublicense the Works to third parties including Racing Victoria for this same purpose. Should the Promoter wish to use an entrant’s Works for any other purposes, it will contact the entrant to discuss licensing opportunities. The entrant acknowledges and agrees that neither the entrant nor any third party shall be entitled to any fee, royalty or other consideration in respect of such licence granted in accordance with this clause 26. If the entrant holds, now, or at any time in the future, any so called “droit moral” or moral rights in connection with the Works, the entrant unconditionally and irrevocably consents, for the benefit of the Promoter, Racing Victoria and all of their assignees, licensees and sub licensees to alterations to the Works as described above (provided it is not derogatory of the entrant), and without expressly acknowledging the entrant’s involvement, contribution or creation, notwithstanding that such conduct may amount to a breach of moral rights under the Copyright Act 1968 (Cth) (Copyright Act).

Limitation of Liability

27. The Promoter does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australian Consumer Law) which cannot be excluded, restricted or modified. However, the remainder of this clause will apply to the fullest extent permitted by law and the Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s (including without limitation due to attendance at an event or travel undertaken when there is any current health warning, epidemic or pandemic declared which would apply to or could be considered to impact, effect or apply to the relevant event or travel) except for any liability which cannot be excluded by law.

28. The Promoter is not responsible for any incorrect or inaccurate information, either caused by an entrant or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.

Social Media involvement

29. Entry and continued participation in the Promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at http://www.facebook.com/terms.php

This Promotion adheres to the terms and conditions set out in the Facebook promotion guidelines which can be found at: http://www.facebook.com/promotions_guidelines.php

This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these terms and conditions. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Facebook.

All entrants unconditionally and irrevocably release and discharge the Promoter, Racing Victoria and Facebook from any and all liability in relation to this Promotion.

30. Instagram membership and the use of Instagram generally are subject to the Instagram prevailing terms and conditions of use available at http://instagram.com/legal/terms/. The Promotion is in no way sponsored, endorsed or administered by Instagram, or associated with, Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. To the extent permitted by law, each entrant agrees to indemnify, defend and forever hold harmless, the Promoter, Racing Victoria, Instagram and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an entrant in respect of the entrant’s participation in the Promotion. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Instagram.

31. TikTok membership and the use of TikTok generally are subject to TikTok’s prevailing terms of service available at https://www.tiktok.com/legal/terms-of-service. This Promotion is in no way sponsored, endorsed, administered by, or associated with TikTok. Entrants understand that they are providing their information to the Promoter and not to TikTok. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other internet users. To the extent permitted by law, each entrant agrees to indemnify, defend and forever hold harmless the Promoter, Racing Victoria, TikTok, and their associated agencies and companies against any and all losses, actions, claims, costs, expenses, and damages (of any nature) which may be incurred by an entrant in respect of the entrant’s participation in the Promotion. Any questions, comments, or complaints about this promotion must be directed to the Promoter and not to TikTok.

32. YouTube membership and the use of YouTube generally are subject to YouTube's prevailing terms of service available at https://www.youtube.com/static?template=terms. This promotion is in no way sponsored, endorsed, administered by, or associated with YouTube. Entrants understand that they are providing their information to the Promoter and not to YouTube. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other internet users. To the extent permitted by law, each entrant agrees to indemnify, defend and forever hold harmless the Promoter, Racing Victoria, YouTube, and their associated agencies and companies against any and all losses, actions, claims, costs, expenses, and damages (of any nature) which may be incurred by an entrant in respect of the entrant’s participation in the promotion. Any questions, comments, or complaints about this promotion must be directed to the Promoter and not to YouTube.

33. If an entrant’s entry is via social media and promotional website (in accordance with the Particulars), the entrant’s relevant social media account must be public in order for the Promoter to verify the entry during the promotional period and the judging period. If they are not, they will not be considered for judging.

Entry details and privacy

34. Tyncob Pty Ltd ACN 008 136 543 trading as Adlab on behalf of the Promoter, is collecting the entrant's personal information for the purpose of conducting this Promotion (including but not limited to determining the winner). If you are not willing for this to occur, you cannot participate in the Promotion.

35. The Promoter collects information about entrants, including for example their name and contact details which are provided when entering this Promotion and when registering or using Promoter’s services and may also collect information from data houses, social media services, Promoter’s affiliates. The Promoter collects and uses that information to run this Promotion, to provide entrants with Promoter’s goods and services, to promote and improve its goods and services, to provide entrants with targeted advertising based on their online activities, for the purposes described in the Promoter’s Privacy Policy and for any other purposes that were described at the time of collection. The Promoter may disclose entrants’ information to its related companies, including those located outside Australia. Any of those companies may contact entrants for those purposes (including by email and SMS) at any time. The Promoter may also disclose entrants’ information to its service and content providers (including prize providers and prize fulfilment and distribution/delivery service providers), including those located outside Australia. If entrants do not provide the Promoter with requested information, it may not be able to provide entrants with the Promotion goods and services. The Promoter may disclose entrants’ personal information to authorities if they are a prize winner or otherwise as required by law. Further information about how the Promoter handles personal information, how entrants can complain about a breach of the Australian Privacy Principles, how the Promoter will deal with a complaint of that nature, how entrants can access or seek correction of their personal information and the Promoter’s contact details can be found in the Promoter’s Privacy Policy at https://preferences.news.com.au/privacy. Despite the foregoing and despite anything in the Promoter's Privacy Policy to the contrary, we will not provide information about your entry into this competition to any of: Punters Paradise Pty Ltd or Racing Internet Services Pty Ltd.

The Promoter will provide all entrant media (including video) to Racing Victoria, who will collect, store, and use that information in accordance with its Privacy Policy.