Trade Promotion: Game of Chance Terms and Conditions

 Schedule to Terms of Entry

1. These Terms of Entry must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms of Entry. The entrant agrees and acknowledges that they have read these Terms of Entry and the Schedule and, by entering this Promotion, the entrant accepts these Terms of Entry and the Schedule. To the extent of any inconsistency between the Schedule and these Terms of Entry, the Schedule prevails.
   
   
2. Entry is open only to residents of the Relevant State/s who comply with the Entry Restrictions (if any). Directors, officers, management, employees and other staff (and the immediate family members of directors, officers, management, employees and other staff) of the Promoter, or the Associated Organisations, are ineligible to enter.
   
   
3. The Promotion will be conducted during the Promotion Period.
   
   
4. To enter the Promotion, entrants must follow the Entry Method during the Promotion Period. Valid and eligible entries will be accepted during the Promotion Period.
   
   
5. Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agents are final and conclusive as to the time of receipt.
   
   
6. Entries must be received by the Promoter during the Promotion Period. Entrants may submit up to the Maximum Number of Entries.
   
   
7. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Any form of automated entry using any device or software is prohibited and will render all entries submitted in that manner invalid.
   
   
8. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will, at the Promoter’s discretion, be deemed invalid and ineligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third-party rights, including intellectual property rights, will be ineligible to win.
   
   
9. No entry fee is charged by the Promoter to enter the Promotion. Costs associated with accessing the Promoter’s website are an entrant’s responsibility and may vary depending on Internet service provider used.
   
   
10. The draw/s (if applicable) will be conducted in accordance with the Draw Details. The prize/s will be
    awarded to valid entrants (as applicable) drawn in accordance with the Prize Details.
    
    
11. Once an entry is submitted, entrants acknowledge that the entry may not be withdrawn, altered or deleted (except as and where required by the Promoter).
    
    
12. The prize/s are specified in the Prize Details. The total prize pool is specified in the Total Prize Pool section of the Schedule.
    
    
13. A winner must redeem their prize in accordance with the Redemption of Vouchers Rule set out in Schedule. If a voucher has not been redeemed in accordance with the Redemption of Vouchers Rule (including any non-compliance with deadlines) then the voucher will automatically expire, and the winner will not be entitled to a further voucher.
    
    
14. Unless otherwise specified in writing by the Promoter, vouchers cannot be exchanged; redeemed for cash or any other prize; used for booking or cancellation fees; used for multiple bookings; or transferred to another booking with a separate provider. However, vouchers are transferrable and accordingly can be used by any person including a person who was not the original winner of the voucher. For the avoidance of doubt, a voucher is valid for one use only regardless of who uses it. The person redeeming the voucher must use the unique code issued to the winner via email and SMS.
    
    
15. The terms and conditions of the chosen tourism business apply to any bookings made with a voucher. These terms may include, but are not limited to, cancellation policies and fees. The Promoter is not a party to the booking made between a winner and their chosen tourism business and assumes no liability for any losses to the winner incurred under or in connection with the booking.
    
    
16. The winner/s will be notified as stated in the Notification of Winners section of the Schedule.
    
    
17. If any prize is not claimed by the Prize Claim Date and Time (specified in the Redemption of Vouchers Rule in the Schedule), the relevant winner’s entry will be deemed invalid, the prize will be forfeited, and the Promoter is not obliged to substitute the prize. The Promoter will not conduct a re-draw for any unclaimed prizes.
    
    
18. The Promoter will not be liable for any direct or indirect loss (including, without limitation, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence or wilful misconduct) in connection with this Promotion or accepting or using any voucher. This clause 18 does not apply where the Promoter has contributed to or caused such loss, expense, damage, personal injury or death and shall not apply to any liability which cannot be excluded by law (in each case, the Promoter’s liability is limited to the minimum allowable by law).
    
    
19. The value of the prizes is accurate and, where applicable, based upon the recommended retail value of the prizes (inclusive of GST) as at the date theseTerms of Entry are published and/or printed (as applicable). The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
    
    
20. Entrants can only register in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to enter and participate in the Promotion and all entries of an entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the sole discretion of the Promoter, be deemed invalid and any prizes won from those entries will be forfeited. The Promoter may require the winner/s to provide (within the requested timeframe) identification as requested by the Promoter including (without limitation) proof of identity, proof of age and proof of residency (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the entrant’s identity, age, residential address, eligibility to enter, participate and claim a prize, and any information submitted by the entrant in entering and participating in the Promotion, before issuing the prize. Identification considered suitable for verification is at the Promoter’s discretion. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) within the requested timeframe or an entrant has not been verified or validated to the Promoter’s satisfaction, then any and all entries of that entrant will be ineligible and deemed invalid. The winner will forfeit the prize in whole, and no substitute will be offered.
    
    
21. If due to any reason whatsoever the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these Terms of Entry, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.
    
    
22. The Promoter reserves the right to verify the validity of any and all entries. The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who: (a) tampers with or benefits from any tampering with the entry process or with the operation of the Promotion; (b) acts in violation of these Terms of Entry; (c) acts in a disruptive manner; (d) acts with the intent to annoy, abuse, threaten or harass any other person; or (e) engages in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
    
    
23. The Promoter makes no warranties or representations about the fitness for purpose or suitability of any of the tourism experiences offered by the participating businesses and will not accept responsibility for the quality or fitness for any purpose of any tourism experience, or the failure of any tourism experience to be of a particular quality. For the avoidance of doubt, the term “tourism experience” in this clause 23 includes experiences and accommodation.
    
    
24. If for any reason any aspect of this Promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including, but not limited to, by reason of war, terrorism, state of emergency or disaster (including natural disaster), communicable disease, infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may, in its sole discretion, cancel, terminate, modify or suspend the Promotion and invalidate any affected entries. This clause 24 is subject to the laws and regulations of the Relevant State/s.
    
    
25. Without limiting any other paragraph, the Promoter may, at its sole discretion, amend any aspect of this Promotion or of these Terms of Entry and the Schedule from time to time, subject to applicable laws and subject to the approval of the relevant authorities in each Relevant State, if required. The Promoter will use best endeavours to make any material amendments to the Promotion or these Terms of Entry and the Schedule known to the public via its website. The Promoter recommends that entrants check the website from time to time for any updates to the Promotion or these Terms of Entry and the Schedule.
    
    
26. The Promoter collects and stores Personal Information about an entrant on its databases to include the entrant in a Promotion and, where appropriate, award prizes. If the Personal Information requested is not provided, the entrant cannot enter the Promotion and is deemed ineligible. The Promoter may disclose entrant’s Personal Information to its promotional partners, contractors and agents to assist in conducting this Promotion or communicating with entrants, and to the lottery departments of the Relevant State/s as required under the relevant lottery legislation. An entrant can gain access to, update or correct any Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer at the Promoter’s address as stated in the Schedule. All Personal Information will be stored at the office of the Promoter or by its data storage providers. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be accessed on the Promoter’s website at http://tourism.sa.gov.au/privacy-statement.
    
    
27. By entering this Promotion, an entrant also acknowledges that a further primary purpose for collection of the entrant’s Personal Information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact the entrant in the future with direct marketing materials, including information on special offers or to advise the entrant of the Promoter’s other programs, products, services, events or activities that the Promoter believes the entrant may be interested in, via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share information with trusted third parties who may contact the entrant with special offers in this way where the entrant has provided their consent at the time of entry. By registering in the Promotion, an entrant acknowledges and agrees that the Promoter may use the entrant’s Personal Information in the manner set out in this condition.
    
    
28. Unless the contrary intention appears, a reference in these Terms of Entry or the Schedule or in any advertisement relating to this Promotion to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.
    
    
29. Where this competition is communicated and/or conducted via a Social Media Platform, entrants acknowledge that use of Social Media Platforms generally is subject to the prevailing terms and conditions of use of the Social Media Platform. The Promotion is in no way sponsored, endorsed or administered by, or associated with, any Social Media Platform. The winner and their companion(s) (if any) are solely responsible and liable for the content of their entries and/or posts and any other information they transmit to other Internet users. To the extent permitted by law, the winner and their companion(s) (if any) agree to indemnify, defend and forever hold harmless any and all Social Media Platforms used in conjunction with this Promotion, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by the winner and their companion(s) (if any) in respect of the winner’s and their companion(s)’ (if any) participation in the Promotion and any prize. Any questions, comments or complaints about the Promotion must be directed to the Promoter and not to any Social Media Platform used in conjunction with this Promotion. Entrants understand that they are providing their information to the Promoter and not to any Social Media Platform.
    
    
30. Any guarantee or warranty provided by the Promoter is in addition to any relevant statutory guarantees and warranties and nothing in these terms and conditions restricts, excludes or modifies, or purports to restrict, exclude or modify, any statutory consumer rights under any applicable law, including the Competition and Consumer Act 2010 (Cth).
    
    
31. The Promoter may, in its sole discretion, request that the winner be required to sign a legal release prior to receipt of a prize.
    
    
32. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Terms of Entry. Where a dispute arises concerning the conduct of the Promotion or claiming of a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved, the Promoter’s decision will be final.
    
    
33. Unless otherwise specified, a voucher is for a single experience and cannot be used across multiple experiences.
    
    
34. If a prize (or portion of a prize) is unavailable, the Promoter reserves the right to substitute the prize (or that portion of the prize) for a prize of equal or greater value and specification, subject to any written directions of a regulatory authority.
    
    
35. These Terms of Entry are governed by and construed in accordance with the laws of South Australia and the parties submit to the exclusive jurisdiction of South Australia.
    
    
36. The Promoter accepts no responsibility for any tax implications and the entrant should seek their own independent financial advice regarding any tax implications relating to the prize or acceptance of the prize.
    
    
37. Definitions
    
    “Associated Organisations” means

• any participating venues, operators or providers;
• any organisations involved in the management or conduct of the Promotion, or determination of winners of the Promotion;
• any organisation benefiting from the Promotion; and
• any organisation, company or agency associated with this Promotion;
  
  “Immediate family members” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin;
  
  “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not; and
  
  “Social Media Platform” means any digital or online service or application where users create, share and interact with content and/or connect with other users, including, but not limited to, Facebook, Instagram and Twitter.