Herald Sun – Win chance to ride with Olympic cyclist Shane Kelly in final 20km of Amy’s Ride

To celebrate the 2014 Jayco Herald Sun Tour, we’re giving one lucky reader the chance to ride with the triple Olympic cyclist Shane Kelly. The winner will join Shane Kelly in the special 20km Amy’s Ride event on Sunday, February 9 and will also receive an Amy’s Ride jersey.

Amy’s Ride – a 20km, 60km or 102km recreational ride through the Mornington Peninsula, with a challenging climb at Arthur’s Seat – will be held on February 9. As one of Australia’s most popular recreational rides, the event supports the Amy Gillett Foundation’s work to improve conditions and safety for bike riders.

To be in with a chance of winning, simply enter your details below:

RIDE THE HERALD SUN TOUR WITH SHANE KELLY

1. The promoter is The Herald & Weekly Times Pty Ltd (ABN: 49 004 113 937) of 40 City Road Southbank, Vic 3006.

2. Information regarding how to enter and details of prizes forms part of these conditions of entry.

3. Entry into this promotion is deemed to be acceptance of these conditions of entry. By entering this promotion, entrants accept Amy Gillett Foundation Pty Ltd’s Terms & Conditions for The Amy Gillett Foundation 2014 Amy’s Ride Victoria.

4. Entry is open only to residents of Victoria over 18 years of age who comply with the conditions set out in paragraph 6.

5. Employees of the Promoters, their agencies, immediate families and companies involved in this promotion are ineligible to enter.

6. To enter, entrants must register their details at the Win a Ride with Shane Kelly competition page at heraldsun.com.au/competitions.

7. The promotion commences at 0.05am (AEDT) on Friday 24th January 2014 and entries close at 11:55pm (AEDT) on Monday 3rd February 2014. The draw will take place at 1:00pm (AEDT) on Tuesday 4th February 2014 at the Herald & Weekly Times, Level 10, 40 City Road, Southbank 3006. The winner will be announced at 2pm Tuesday 4th February 2014 and his or her name will be published on www.heraldsun.com.au/competitions on Tuesday 4th February 2014. The winner will be notified by phone and email. The judge’s decision is final and no correspondence will be entered into.

8. The first randomly selected valid entry selected at random from the pool of entrants will win a ride with Shane Kelly during the Amy’s Ride – final 20k section of the Herald Sun Tour February 9th. Prize includes entry to Amy’s ride for one person, plus an Amy’s ride jersey.

9. The prize is estimated at a value of $2,000.

10. The prize winner must provide their own bike for the ride, make their own way to and from the event, and agree to the Amy’s ride terms and conditions (below).The prize is not transferable or exchangeable and cannot be redeemed for cash. The Promoters accepts no responsibility for any variation in prize value.

11. The Promoters may require the winner to provide proof of identity, proof of age and proof of residency. Identification considered suitable for verification is at the Promoters’ discretion.

12. If the winning entry is deemed not to comply with these conditions of entry, the entry will be discarded and a new winner of the prize will be determined as soon as possible by randomly drawing a further valid entry at the Herald & Weekly Times, 40 City Road, Southbank., VIC 3006.

13. The Promoters, their 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) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

14. Details from all entries will be collected and used for the purposes of conducting this promotion (which may include disclosure to third parties for the purpose of processing and conducting the promotion) and for publicity purposes surrounding this promotion. The Promoters, for publicity purposes, may use the name and image of the winners and persons accompanying the winners. By entering this promotion, unless otherwise advised, each entrant also agrees that the Promoters may use this information in any media for future promotional, marketing and publicity purposes without any further reference or payment.

15. If entering online, an entrant marks the ‘opt-in’ boxes on the entry form, the entrant consents to the storage of their personal information on the Promoter’s or a prize partner’s database and (depending which ‘opt-in’ box(es) have been marked) the Promoter and/or the relevant prize partner may (depending which ‘opt-in’ box(es) have been marked) use this information at any time in the future for promotional and marketing purposes regarding their respective products or services including contacting the entrant via electronic messaging.

16. Entrants can seek access to personal information that The Herald & Weekly Times Pty Ltd holds about them by contacting the Privacy Officer at privacy@hwt.newsltd.com.au. A full copy of the privacy policy can be found at http://www.news.com.au/heraldsun/privacy

AMY’S RIDE VICTORIA 2014 TERMS AND CONDITIONS

The following terms and conditions apply to all participants (as a cyclist or otherwise) in The Amy Gillett Foundation 2014 Amy’s Ride Victoria (Event), and in the case of a child under the age of 18, the parent or legal guardian of the participant.

n consideration of my participation in the Event, by selecting the “I agree to the above terms and conditions” box below I warrant and represent to AGF that I have carefully read, understand and agree to be bound by following terms and conditions:

Definitions
1. In these terms and conditions:
(a) “AGF” means and includes the Amy Gillett Foundation Pty Ltd, Cycling Events Downunder Pty Ltd, their subsidiaries, related bodies corporate and their respective directors, officers, members, servants or agents.

(b) “Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with the Event, but does not include a claim against AGF by any person expressly entitled to make a claim under an AGF insurance policy.

2. The terms and conditions related directly to the Event are detailed on the website at www.amysridevic.org.au for the Event including, but not limited to, ride information, registration requirements, merchandise, registrations, payments, cancellation and refunds, age requirements, fundraising, prizes, volunteer terms and conditions.

Rules of Participation
3. I agree to follow any rules and/or directions set by the AGF in connection with the Event and comply with all traffic and road laws and all directions issued by the Police and Event marshals. If I fail to comply with AGF’s rules and/or directions, I will not be permitted to participate or to continue to participate in the Event and no refund will be given. I agree to abide by any decision the AGF may make in relation to my continued participation in the Event.

4. I certify that I am or shall be 18 years of age or over as on the day of the Event otherwise my parent/guardian has agreed to these Terms and Conditions. My parent/guardian agrees to release and indemnify the AGF in the same manner and to the same effect and extent as if they were the person first named on the registration form and participating in the Event.

5. I understand that the Event is not a race and that roads will not be closed to traffic.

6. If I am a cyclist participating in the Event, I understand that it is necessary for my bicycle to be in sound mechanical order and suitable for public road riding prior to commencing the Event.

7. I understand that it is compulsory for me to wear all of the participant identification items at all times during the Event.

8. I agree that at all times during the event that I am responsible for my equipment and personal belongings.

9. I understand that the AGF may change the event format, course or other event conditions at its discretion.

10. I agree that if the Event is altered or cancelled for reasons including storms, rain, inclement weather, winds or other Acts of God, or any other factors beyond the control of the AGF, my registration is non-refundable. I understand that unless otherwise stated in these Terms and Conditions as required by law, the AGF is under no obligation to refund monies or entry fees due to cancellation, failure to participate or dissatisfaction by the participant.

11. I acknowledge that my Registration is not transferable to other people under any circumstances. Any attempt to transfer my entry or allow another person to participate under my name may result in my registration being cancelled without refund.

12. I understand that if I withdraw from the Event on or before 5:00pm on Monday 20 January I must notify the Event owner in writing, providing my name, address and reason for cancelling. My registration fee will be refunded less a $20 cancellation fee. If I withdraw after 5:00pm on Monday 20 January, I acknowledge that no portion of my entry fee will be refunded.

Fitness to Participate and Disclosure
13. I warrant that I: (a) am and must continue to be medically and physically fit and able to undertake and participate in the Event, (b) am not a danger to myself or to the health and safety of others, (c) am not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for me to take part in the Event.

14. I acknowledge that I must, and I agree that I will, disclose any pre-existing medical or other condition that may affect the risk that either I or any other person will suffer injury, loss or damage.

15. I acknowledge that AGF rely on information provided by me and that all such information is accurate and complete.

16. I agree to report any accidents, injuries, loss or damage I suffer during the Event to AGF before I leave the Event. If I suffer any injury or illness, I agree that AGF may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment.

Exclusion of Participant
17. If I am a cyclist participating in the Event, I warrant that I have not at any time been excluded from cycling by a medical practitioner or any person or entity. I acknowledge and agree that AGF may demand a medical certificate or opinion as to my fitness from a qualified medical practitioner PRIOR to me undertaking the Event. Failure to provide a satisfactory medical certificate may result in a decision (prior to or during the Event) to exclude me from the Event. I agree to abide by any decision AGF may make in relation to my continued participation in the Event.

18. The AGF reserves the right to refuse a participant’s registration and without giving reasons for its decision.

Warning
19. Participation in the Event, including undertaking cycling activities or otherwise, can be inherently dangerous. I acknowledge that I am exposed to certain risks during the Event including but not limited to physical exertion, risk of falling, colliding with other riders or road users, encountering hidden obstacles or varying terrain, the risk of injury from any failure of the bicycle or any of its components or inclement weather conditions. I acknowledge that incidents can happen which may result in me being injured or even killed, or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in participating in the Event.

Exclusion of Implied Terms
For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies:

20. By agreeing with these terms and conditions, I agree that the liability of in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any:

a. death;

b. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

c. the contraction, aggravation or acceleration of a disease;

d. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:

i. that is or may be harmful or disadvantageous to me or the community;

ii. that may result in harm or disadvantage to me or the community, that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) resulting from the supply of recreational services; is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.

For recreational services to which the Australian Consumer Law (Victoria) applies:

21. Warning under the Australian Consumer Law and Fair Trading Act 2012: Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named in these terms and conditions, being AGF, is required to ensure that the recreational services it supplies to me:

a. are rendered with due care and skill; and

b. are reasonably fit for any purpose which I either expressly or by implication, make known to the supplier; and

c. might reasonably be expected to achieve any result I have made known to the supplier. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the supplier is entitled to ask me to agree that these conditions do not apply to me.

By agreeing to these terms and conditions, I will be agreeing that my rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if I am killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in these terms and conditions.

Note: The change to your rights, as set out in these terms and conditions, does not apply if my death or injury is due to gross negligence on the supplier’s part. “Gross negligence” in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 (Vic) and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic).

Exclusion of rights under the Australian Consumer Law (Victoria): By agreeing to be bound by these terms and conditions, I agree that the liability of AGF for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012) that may be suffered by me (or a person from whom or on whose behalf I am acquiring the services) resulting from the supply of recreational services is excluded.

Release and Indemnity
22. In consideration of AGF accepting my participation in the Event I, to the extent permitted by law:

a. release and will release AGF from all Claims that I may have or may have had but for this release arising from or in connection with my participation in the Event; and

b. release and indemnify AGF against any Claim which may be made by me or on my behalf for or in respect of or arising out of my death whether caused by negligence or breach of contract by AGF or in any other manner whatsoever; and

c. indemnify and will keep indemnified AGF to the extent permitted by law in respect of any Claim by any person:

i. arising as a result of or in connection with my participation in the Event; and

ii. against AGF in respect of any injury, loss or damage arising out of or in connection with my failure to comply with AGF’s rules and/or directions, save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of AGF.

Insurance

23. I understand that AGF has arranged some limited insurance coverage which may provide me with some protection for loss, damage or injury that I may suffer during my participation in the Event. For full policy information, please contact Cycling Australia on ph: 02 9339 5800 or email: membership@cycling.org.au. However, I acknowledge and accept that insurance taken out by AGF may not provide full indemnity for loss, damage or injury that I may suffer during my participation in the Event, and that I may have to pay the excess if a claim is made on my behalf. I agree that my own insurance arrangements are ultimately my responsibility and I will arrange any additional coverage at my expense after taking into account AGF’s insurance arrangements and my own circumstances.

Use of image
24. I acknowledge and consent to photographs and electronic images being taken of me during my participation in the Event. I acknowledge and agree that such photographs and electronic images are owned by AGF and AGF may use the photographs for promotional or other purposes without my further consent being necessary.

Privacy
25. I understand that the personal information I have provided in my entry for the Event is necessary for the conduct of the Event and for the objects of AGF and is collected in accordance with the AGF Privacy Policy (available at http://www.amygillett.org.au/privacy-policy). I acknowledge and agree that the information will only be used by AGF to facilitate the conduct of the Event and/or to provide me with promotional material from AGF sponsors and third parties. I understand that the AGF Privacy Policy contains information about how I may access and request correction of my personal information held by AGF or make a complaint about the handling of my personal information, and provides information about how a complaint will be dealt with by AGF. If the information is not provided my entry may be rejected. I acknowledge that if I do not wish to receive promotional material from AGF sponsors and third parties I must advice AGF in writing or via the opt-out procedures provided in the relevant communication.

Governing Law
26. I irrevocably and unconditionally consent and submit to the jurisdiction of the courts of the jurisdiction in which any incident occurs and waive any right to object to the exercise of such jurisdiction.

Entire Agreement
27. This agreement (and the documents to which it refers, including the Terms and Conditions agreed to when applying to participate in the Event) constitutes the entire agreement between the parties in respect to the Event and supersedes all other agreements, understandings and representations and negotiations with the Event.

28. To the extent that any of these terms and conditions is void or unenforceable it is severable and does not affect the remaining provisions of these terms and conditions.

I ACKNOWLEDGE that my participation in the Event is of my own free will and that I have read, fully understand and agree with the terms and conditions (including but not limited to the warning, exclusion of liability and indemnity).