Domain – Win $5000 Prize Draw Giveaway (prize valued at $5,000)

Domain Rental Report Competition
Terms and Conditions
Promotion Details:
Promotion: Win $5,000 prize draw giveaway
Promoter: The Promoter is Domain Operations Pty Ltd (ABN 21 617 803 460) of 1
Darling Island Road, Pyrmont NSW 2009 (Domain). Telephone: (02) 8596
4556.
The Promoter is part of the Domain group of companies owned or controlled
by Domain Holdings Australia Limited (ACN 094 154 364) (Domain Group) .
Promotional
Timings:
Start date: 18th January 2018 at 12:01 am AEDST
End date: 31st January 2018 at 11:59 pm AEDST
Promotional Period : from the Start Date until the End Date (2 weeks)
Entrants: Entry is only open to Australian residents who are 18 years and over.
Directors, employees and their Immediate Family Members of the Promoter,
its related bodies corporate and any agencies or companies associated with
the Promoter or the Promotion are not eligible to enter. Immediate Family
Member 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.
Prize description Prize description: A cash prize valued at $5,000 that will be paid via
electronic funds transfer to the winner’s nominated bank account within 30
days of receiving the winner’s correctly completed prize acceptance forms.
Number of prizes / breakdown of prizes: There will be one winner who will
win the one cash prize of $5,000.
Total value of prize(s): $5,000.
Breakdown of prize value: One cash prize of $5,000
Excluded from the prize: This cash prize is not redeemable or exchangeable
for any alternative goods or services.
Type of
promotion
This promotion is a game of chance.
How to enter To enter, Entrants must:
a) Visit http://www.domain.com.au/news/rentalcompetition/ and;
b) Follow the prompts to answer the 2 questions in the quiz;
c) Fully and correctly complete the Competition entry form with their
details, including their full name, state of residence, current and
valid email address and contact phone number;
d) Agree to the Competition terms and conditions; and
e) Submit their fully completed Competition entry form
Entrants are permitted to submit one entry during the Promotional Period,
subject to the following: one (1) entry per person for the duration of the
competition.
Draw The winner of a drawn prize will be determined by chance. The draw will
take place at Domain Group, 55 Pyrmont Street, Pyrmont NSW 2009 at
10:00am AEDST (as applicable in NSW) on Thursday 1st February 2018 by
using random selection.
The first valid entry drawn by random electronic selection will be the winner
of the Prize.
All reasonable attempts will be made to contact the winner. The winner will
be advised in writing and pending the winner’s acceptance of the prize, the
winner’s detail will be published on Thursday 8th February on
http://www.domain.com.au/news/rentalcompetition/. If a p rize remains
unclaimed by a winner or unallocated for any reason by Wednesday 2nd
May, the prize will be forfeited and no cash or other alternative will be
offered to that winner. Subject to any direction or requirement under State
legislation, unclaimed prize will be redrawn in a second draw. The
unclaimed prize redraw will take place at Domain Group, 55 Pyrmont Street,
Pyrmont NSW 2009 at 10am AEDST (as applicable in NSW) on Wednesday
9th May 2018
Permit details Authorised under: ACT Permit No. TP 17/02672 , NSW Permit No.
LTPS-18-21016
Special
conditions
Nil
Detailed Terms:
Entry into the Promotion
1. The Promotion Details above and all Detailed Terms below form part of these Terms and
Conditions. The Entrant agrees and acknowledges that they have read these Terms and
Conditions
2. It is a condition of entry that all Terms and Conditions are accepted as final and the
Entrant agrees to abide by these Terms and Conditions. Submission of an entry is deemed
to be an acknowledgement by the Entrant that they have read these Terms and Conditions
and accepted them.
3. Any capitalised terms used in these Terms and Conditions have the meaning given in the
Promotion Details, unless stated otherwise.
4. The Promotion commences on the Start Date and runs for the Promotional Period ending
on the End Date.
5. Valid entries by eligible Entrants will be accepted during the Promotional Period. No
entries will be accepted after this time. 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 agencies are final and conclusive as to the time of receipt.
The Promoter accepts no responsibility for any late, lost or misdirected entries due to
technical disruptions, network congestion, social media platforms faulting or for any other
reason.
6. Illegible, incomprehensible and incomplete entries will be deemed invalid. An entry that is
made on behalf of another person will also be deemed invalid.
7. The Promoter reserves the right to disqualify any entry which, in the opinion of the
Promoter, includes objectionable content, profanity, inflammatory, offensive or defamatory
comments, or which breach any law or infringes any third party rights, including intellectual
property rights.
8. The Promoter reserves the right to disqualify any Entrant who tampers with the entry
process or who submits an entry that is not in accordance with these Terms and
Conditions or who has, in the opinion of the Promoter, engaged in conduct in entering the
Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill
or reputation of the Promotion or Promoter.
9. The Promoter reserves the right, at any time, to validate and check the authenticity of
entries and entrant’s details including the right to request proof of an entrant’s identity, age
and residency. In the event that a winner cannot provide suitable proof, the winner will
forfeit the prize in whole and no substitute will be offered.
10. The Promoter reserves the right to disqualify an Entrant or entries in the event of
non-compliance with these Terms and Conditions. In the event that there is a dispute
concerning the conduct of the Promotion, the decision of the Promoter is final and binding
on each Entrant and no correspondence will be entered into.
11. An Entrant who uses any automated entry software or any other mechanical or electronic
means that allows an individual to automatically enter repeatedly is prohibited and may
render all entries submitted by that individual invalid.
12. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed
online, there is no additional cost to enter the Promotion other than any cost paid by the
Entrant to access the website or social media platform of entry via their internet service
provider.
13. Should an Entrant’s contact details change during the Promotion, it is the Entrant’s
responsibility to notify the Promoter. A request to access or modify any information
provided in an entry should be directed to the Promoter.
14. If for any reason any aspect of this Promotion is not capable of running as planned,
including by reason of computer virus, communications network failure, bugs, tampering,
unauthorised intervention, fraud, power or technical failure, acts of God, civil unrest, strike,
war, act of terrorism or any other cause beyond the control of the Promoter, the Promoter
may in its sole discretion cancel, terminate, modify or suspend the Promotion and
invalidate any affected entries, or suspend or modify a prize, subject to State or Territory
regulation.
Prize
15. The winner(s) will be notified by email together with further instructions on how to arrange
the collection of their prize within 2 days of the winner(s) being determined.
16. Each prize will be awarded to the person named in the winning entry. If there is a dispute
as to the identity of an Entrant or winner, the Promoter reserves the right, in its sole
discretion, to determine the identity of the Entrant or winner.
17. If any winner chooses not to take their prize (or is unable to), or does not take or claim a
prize by the time specified by the Promoter, they forfeit the prize and the Promoter is not
obliged to substitute the prize or provide a cash alternative.
18. The details of the prize(s) are set out in the Promotion Details. The value of the prize(s) is
accurate and based upon the recommended retail value of the prizes (inclusive of GST) at
the Start Date of the Promotion. The Promoter accepts no responsibility for any variation in
the value of the prizes after that date.
19. 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) to a prize of equal or greater value and/or
specification, subject to any written directions of a regulatory authority.
20. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and
conditions of the third party prize supplier. The Promoter and the third party prize supplier
reserve the right to refuse to allow a winner to use or take part in any or all aspects of the
prize, if either determine, in their absolute discretion, that a winner is not in the mental or
physical condition necessary to be able to safely use or participate in the prize.
21. If the prize consists of any gift cards of any third party supplier, the gift card(s) may not be
redeemed or exchanged for cash, traveller’s cheques, cash passports or any other form of
currency, and will not be replaced or refunded if the gift card is lost or stolen.
22. The prize will only be paid via electronic funds transfer to the winner’s nominated bank
account.
23. It is a condition of accepting the prize that the winner may be required to sign a legal
release in a form determined by the Promoter in its absolute discretion.
24. If a prize is provided to the Promoter by a third party supplier and/or is to be delivered
directly to the winner(s), the Promoter accepts no responsibility or liability for any delay or
failure by the third party to deliver the prize, any delay or failure relating to the prize itself or
failure by the third party supplier to meet any obligations in these Terms and Conditions or
otherwise. The terms and conditions which apply to a prize at the time it is issued to the
winner will prevail over these Terms of Conditions, to the extent of any inconsistency.
Personal Information, marketing and publicity
25. As part of the Promotion, the Promoter will collect Entrants’ personal information. If the
Entrant does not provide their personal information as requested, they may be ineligible to
enter or claim a prize in the Promotion. Submission of an entry is deemed to be consent by
the Entrant to the Promoter collecting their personal information.
26. The Promoter will use the personal information to enable an Entrant to participate in the
Promotion.
27. The Promoter may disclose Entrants’ personal information to third parties including its
contractors and agents, prize suppliers, Promotion sponsors and service providers to
assist in conducting this Promotion and to the State and Territory lottery departments as
required under the relevant lottery legislation.
28. The Domain Group may use Entrants’ personal information for future marketing purposes
regarding its products, including contacting the Entrant electronically.
29. If there is a Promotion Sponsor, the Promotion Sponsor may use the personal information
of an Entrant for marketing purposes. By entering the competition the Entrant has given
their consent to be contacted by the Promotion Sponsor.
30. Personal information will be stored by the Promoter on a database controlled by the
Domain Group or by a third party service provider of the Domain Group.
31. For the purposes of public statements and advertisements, the Promoter may only
publish the winner’s surname, initial and State/Territory or postcode of residence.
32. Further details on how the Domain Group will collect and use an Entrant’s personal
information is set out in the Domain Group privacy policy which is located at
www.domain.com.au/group/privacy-policy/
33. The Domain Group privacy policy contains information about how an Entrant may access,
update and seek correction of the personal information the Domain Group holds about
them and how an Entrant may complain about any potential breach by the Promoter of the
Australian Privacy Principles or any other Australian privacy laws and how such
complaints will be dealt with.
34. By accepting the prize, the winner agrees to participate in and co-operate as required
with all reasonable marketing and editorial activities relating to the Promotion, including
(but not limited to) being recorded, photographed, filmed or interviewed and acknowledges
that the Promoter and the Domain Group may use any such marketing and editorial
material without further reference or compensation to them.
35. The winner agrees not to sell or otherwise provide their story and or photographs related
to the Promotion or being a winner of the Promotion to any other media organisation.
Intellectual property rights
36. The following conditions apply where the Promotion involves submission of any materials
including but not limited to answers to questions, a statement, idea or opinion, video or
voice recordings, images, works of art, designs or photographs ( Content ):
i) the Content must not contain any viruses or cause or be likely to cause any injury or
harm to any person or entity;
ii) the Content must be the work of the individual submitting it;
iii) the Content must not have been published elsewhere or have won a prize in any
other competition or promotion;
iv) before submitting the Content, Entrants must obtain consent from any person (or the
parent or guardian of any person under 18 years) who appears in any content and
from the owner(s) of any property that appears in the Content. Entrants must obtain
any other permissions required for the submission of the Content;
v) each Entrant must warrant that the submission of the Content does not infringe the
intellectual property rights of any third party. Entrants must warrant that the Content
they are submitting is their own work and that they own the copyright for it;
vi) the Promoter may remove or decline to publish any Content without notice to the
relevant Entrant;
vii) the intellectual property rights in the Content submitted by the Entrant remains with
the relevant Entrant and does not transfer to the Promoter. However, in consideration
of the Promoter providing the Promotion, each Entrant grants a worldwide,
irrevocable, perpetual licence to the Domain Group to use and reproduce any or all of
the submitted Content including but not limited to in any of their publications, their
websites and/or in any promotional material connected to this Promotion. The
Entrant acknowledges that the Promoter is free to use the Content and to exercise its
rights in relation thereto and the Entrant will not be entitled to any fee for such use;
and
viii) the Entrant hereby consents to the Domain Group using their likeness, image and/or
voice in the event that the Entrant is the winner (including photograph, film or
recording) in any media whatsoever throughout the world for the purpose of
promoting this Promotion or other similar promotions and promoting any products
manufactured, distributed and or supplied by the Domain Group. The Entrant will not
be entitled to any remuneration for such use.
Use of social media
37. The following terms apply to the extent that the Promotion is conducted on, advertised or
promoted on a social media platform owned by a third party ( Platform Operator ):
i) the Entrant acknowledges and agrees that the Promotion is in no way sponsored,
endorsed or administered by, or associated with, any Platform Operator.
ii) the Entrant releases each Platform Operator and its associated companies from all
liabilities arising in respect of the Promotion; and
iii) to the extent relevant to the Promotion, Domain agrees and each Entrant must agree
to adhere to the terms and conditions and promotions guidelines of each Platform
Operator which are available to view online on their social media platforms.
Limitation of liability
38. Any guarantee or warranty given in relation to a prize 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).
39. The Promoter and its associated agencies and companies will not be liable for any loss
(including, without limitation, indirect, 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, taking part in or using any prize (or recommendation), except for
any liability which cannot be excluded by law (in which case that liability is limited to the
minimum allowable by law).
40. Neither the Promoter, nor any Promotion Sponsor or third party prize supplier, or their
associated companies is responsible, to the extent permitted by law, for acts of god, acts
of terrorism or war (declared or undeclared) or other events beyond their control which
prevent awarding or acceptance of the prize in accordance with the prize description.
41. The Promoter accepts no responsibility for any tax implications of this Promotion and
Entrants must seek their own independent financial advice in regards to their own personal
circumstances and any tax implications relating to the prize or acceptance of the prize.
42. Failure by the Promoter to enforce any of its rights at any stage does not constitute a
waiver of these rights.
Permits
43. Authorised under: ACT Permit No. TP 17/02672 , NSW Permit No. LTPS-18-21016