Channel 9 – Today Show – Win a Trip for Two (2) Adults to (prize valued at $6,900)
“TODAY SHOW DERBY DAY” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prize form part of these Terms and
Conditions. Participation in this promotion is deemed acceptance of these
Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years or older.
3. Employees (and their immediate families) of the Promoter and agencies
associated with this promotion are ineligible to enter. Immediate family 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 1st cousin.
4. Promotion commences 5:30am AEDST on 23/10/17 and closes midnight
AEDST on 27/10/17 (“Promotional Period”).
5. To enter, eligible entrants must, during the Promotional Period, visit
www.facebook.com/iwakeupwithtoday, locate the promotional entry form,
complete all requested details including full name, contact number, a valid
and current email address, residential address, and an answer to the question
in 25 words or less “why you would like to celebrate Derby Day with
luxury retailer Kennedy?”, and submit the completed form.
6. The Promoter reserves the right, at any time, to verify the validity of entries
and entrants (including an entrant’s identity, age and place of residence) and
reserves the right, in its sole discretion, to disqualify any individual who the
Promoter has reason to believe has breached any of these Terms and
Conditions, tampered with the entry process or engaged in any unlawful or
other improper misconduct calculated to jeopardise fair and proper conduct of
the promotion. Errors and omissions may be accepted at the Promoter’s
discretion. Failure by the Promoter to enforce any of its rights at any stage
does not constitute a waiver of those rights. The Promoter’s legal rights to
recover damages or other compensation from such an offender are reserved.
7. Incomplete or indecipherable entries will be deemed invalid.
8. Multiple entries permitted, subject to the following: (a) each entry must be
substantially unique; and (b) each entry must be submitted separately and in
accordance with entry requirements.
9. If there is a dispute as to the identity of an entrant, the Promoter reserves the
right, in its sole discretion, to determine the identity of the entrant.
10. The judging will take place at 24 Artarmon Road, Willoughby NSW 2068 on
30/10/17 at 10:00am AEDST. The judges may select additional reserve
entries that they determine to be the next best, and record them in order of
merit, in case of an invalid entry or ineligible entrant. The winner will be
notified by telephone and email.
11. This is a game of skill and chance plays no part in determining the winner.
Each entry will be individually judged based on literary and creative merit of
the answer provided to the promotional question.
12. The Promoter’s decision is final and no correspondence will be entered into.
13. The best entry, as determined by the judges, will win a trip for two (2) adults to
Melbourne, VIC. Prize includes:
2 x economy class return airfares from winner’s nearest capital city to
Melbourne, VIC (if required) valued at up to $2,000;
2 nights accommodation in QT Melbourne valued at $500;
2 x tickets to Kennedy Marquee on Derby Day in Melbourne on
Saturday 4th November 2017 valued at $4,000 and;
Return transfers from hotel to Flemington racecourse on Saturday 4th
November 2017 valued at $400
14. Spending money, meals, insurance, taxes (excluding airline taxes) transport
to and from departure point, additional transfers, items of a personal nature,
in-room charges and all other ancillary costs are not included. Prize must be
taken to coincide with Derby Day on 04/11/17 with flights departing 03/11/17
and returning 05/11/17 subject to booking and availability.
15. The winner and their companion must depart from and return to the same
departure point and travel together. Itinerary to be determined by the
Promoter in its absolute discretion. Frequent flyer points will not form part of
the prize. Prize is subject to the standard terms and conditions of individual
prize and service providers. The winner may be required to present their
credit card at time of accommodation check in.
16. If for any reason the winner does not take the prize (or an element of the
prize) by the time stipulated by the Promoter, then the prize (or that element
of the prize) will be forfeited.
17. In the event of war, terrorism, state of emergency or disaster, the Promoter
reserves the right to cancel, terminate, modify or suspend the promotion or
suspend or modify a prize, subject to any written directions from a relevant
18. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion,
reserves the right to substitute the prize (or that part of the prize) with a prize
to the equal value and/or specification.
19. The prize, or any unused portion of the prize, is not transferable or
exchangeable and cannot be taken as cash, unless otherwise specified.
20. Each entrant warrants that their entry is an original literary work of the entrant
that does not infringe the rights of any third party. As a condition of entering
this promotion, each entrant licenses and grants the Promoter, its affiliates
and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide,
irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish
and display their entry for any purpose, including but not limited to future
promotional, marketing or publicity purposes, in any media, without
compensation, restriction on use, attribution or liability.
21. Entrants consent to the Promoter using their name, likeness, image and/or
voice in the event they are a winner (including photograph, film and/or
recording of the same) in any media for an unlimited period without
remuneration for the purpose of promoting this promotion (including any
outcome), and promoting any products manufactured, distributed and/or
supplied by the Promoter.
22. 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, including but not limited to technical
difficulties, unauthorised intervention or fraud, 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
23. Any cost associated with accessing the promotional website is the entrant’s
responsibility and is dependent on the Internet service provider used.
24. 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 www.facebook.com/terms.php.
25. 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. Facebook will not be
liable for any loss or damage or personal injury which is suffered or sustained
by an entrant, as a result of participating in the promotion (including
taking/use of a prize), except for any liability which cannot be excluded by law.
26. 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, 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 the Non-Excludable
Guarantees, the Promoter (including its respective officers, employees and
agents) excludes all liability (including negligence), for any personal injury; or
any loss or damage (including loss of opportunity); whether direct, indirect,
special or consequential, arising in any way out of the promotion.
27. Except for any liability that cannot by law be excluded, including the Non-
Excludable Guarantees, the Promoter (including its respective officers,
employees and agents) is not responsible for and excludes all liability
(including negligence), for any personal injury; or any loss or damage
(including loss of opportunity); whether direct, indirect, special or
consequential, arising in any way out of: (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; (e) if Derby Day is delayed, postponed or cancelled for
any reason beyond the reasonable control of the Promoter; (f) any tax liability
incurred by a winner or entrant; or (g) the prize.
28. Entrants’ personal information will be collected by the Promoter. Personal
information will be stored on the Promoter’s database. The Promoter may use
this information for future marketing purposes regarding its products, including
contacting the entrant electronically. The Promoter is bound by the Australian
Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its
29. The Promoter is Nine Network Australia Pty Limited, ABN 88 008 685 407 of
24 Artarmon Rd, Willoughby, NSW 2068. You can contact the Promoter in
relation to the promotion by mail to this address or by telephone to (02) 9906