NewsLocal – Win a lawn joy makeover for an unkempt green area in your community valued at up to AUD$20,000
Terms and Conditions
1.The Promoter is NewsLocal ABN: 98 008 438 828 of 2 Holt Street, Surry Hills, NSW 2010. Telephone number 02 9288 3000.
2.Information on how to enter and prize forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions.
3.To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.
Who can enter
4.Entry is open to all residents of NSW except employees and immediate families of the Promoter and their associated companies and agencies and participating outlets. Immediate family means any of the following: spouse, ex-spouse, defacto 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.
5.Entrants into this competition must be Australian residents 18 years of age or older as at the date of entry.
6.Eligible Entrant: the ‘entrant’ refers to the person who has nominated the designated community area.
7.Eligible Community Area: the ‘community area’ does not refer to the ‘entrant’ themselves, rather the designated public area nominated by the ‘entrant’. The ‘entrant’ waives the right to provide any input on the makeover.
8.The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity or proof of registration ownership in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a finalist cannot provide suitable proof, the next valid entry submitted in accordance with these terms and conditions may be eligible.
When to enter
9.The competition commences on Monday October 15 2018 at 9:00am AEDT and concludes on Monday November 12 2018 at 5:00pm AEDT. Entries must be received by the Promoter prior to the competition close date and time.
10.The time of entry will in each case be the time the online entry is received by the Promoter’s database, not at the time of transmission by the entrant.
11.The Promoter accepts no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason.
How to enter
12.Entrants may enter the competition by:
Submitting their original entry:
•by logging onto newslocal.com.au/competition and registering their details including (but not limited to) full name, address, post code, telephone number, e-mail address, location of nominated community area and answer in 100 words or less to the question “Why does the nominated community area deserve some lawn joy?” accompanied by an image of the nominated area to complete their entry. The cost of accessing the promotional website will be dependent on the entrant’s individual Internet Service Provider. The entries most creative or most in need of lawn joy will be shortlisted to form a top 10 list of finalists.
•Eligible community areas are limited to a public area of 10m2 and must be located in the Metropolitan NSW area (defined as the Hawkesbury/Nepean River in the north/north west, and then the outer boundaries of the City of Penrith, Camden Council, the City of Campbelltown and Sutherland Shire.).
13.Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these terms and conditions. For the purposes of these content requirements, “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. 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);
The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
14.Any entry that is made on behalf of an entrant by a third party will be invalid.
15.The Promoter reserves the right to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these terms and conditions or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. This includes, but not limited, to entrants and households using multiple email addresses, postal addresses and PO Box addresses.
Number of Entries permitted
16.Entrants may enter as many times as they like. Only one prize (the community area makeover) will be awarded in total.
Determination and Notification of winner
17.The Top 10 shortlisted finalists will be valid entries submitted in accordance with these terms and conditions judged to be the most creative and in need of a lawn joy by Horticulturist, Adam Woodhams. Judging period is Monday November 12 2018 at 5:00pm AEDT to Monday November 19 2018 5:00pm AEDT.
This competition is a game of skill. Chance plays no part in determining the winner.
18.The Top 10 shortlisted finalists will be announced on Monday November 26 2018 9:00am AEDT and the public must vote for the winner by logging onto newslocal.com.au/competition and selecting the entry they vote for.
19.Public voting to determine the winning entry is limited to one entry per person and must occur between Monday November 26 2018 9:00am AEDT and Monday 17 December 2018 5:00pm AEDT.
20.The winning entry will be the valid entry submitted in accordance with these terms and conditions with the most eligible votes submitted by Monday December 17 2018 at 5:00pm AEDT.
21.If any particular determination is scheduled on a public holiday, the determination will be take place on the following business day.
22.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.
23.The winning entrant will be notified by the Promotor via telephone or email within one month of being determined. The winning entrant and community area will be published on newslocal.com.au/competition and Victa Facebook Page on Wednesday January 30, 2019 at 5:00pm AEDT.
24.The winning entrants photo, name and entry (including picture and description) may be published on the NewsLocal website, Victa Facebook page, as well as used for media opportunities.
25.The winner consents to the Promoter using their name, likeness, image and/or voice (including any photograph, film and/or recording of them) in any media at any time or times without notice or remuneration for the purpose of promoting this Competition, the Promoter, and/or any of the Promoter’s products.
26.The winning entrants personal information will be collected by or on behalf of the Promoter to enable it to administer the Promotion and publicise the winning entrant. The personal information of the winning entrant may be provided to others assisting in the conduct of the Promotion, including the Promotion administrator, prize suppliers and deliverers. Persons may contact the Promoter by post or email at the address to request access to, or corrections of, any of their collected personal information that is held by the Promoter.
27.The prize will be awarded to the nominated community area of the winning entry, not the entrant themselves.
28.Should an entrant’s contact details change during the promotional period, 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.
29.If the winner has not claimed the prize within one week of notification then he or she will forfeit the prize and the prize will be awarded to the valid entry submitted in accordance with these terms and conditions that is judged by the public with the second most votes of the announced finalists on Monday December 17 2018 at 5:00pm AEDT. The winner of the unclaimed prize will be notified by telephone or email within two days of the date on which they are judged to be the unclaimed prize winner.
Prize on offer
30.Only one prize is on offer. Total prize pool value is up to AUD$20,000 (including GST).
The winning entry will receive:
•A makeover of the nominated winning community area at the discretion of the promoter up to the value of $20,000, provided by Victa. This may include new lawn and plants and is subject to council permission and permits.
•Victa and Partners will work with the relevant council or community owner/group to manage the makeover which will occur by April 30 2019 subject to no objections by any external parties.
31.Unless otherwise expressly stated, prize values are based upon the recommended retail prices at the time of first publication of these Terms and Conditions (inclusive of GST).
32.Prizes cannot be transferred, exchanged or redeemed for cash.
33.It is a condition of accepting the prize that the winning entrant must comply with all the conditions of use of the prize and the prize supplier’s requirements.
34.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.
35.Prize must be completed by April 30 2019. In the event the makeover is not complete by the time stipulated for whatever reasons (e.g. weather, council approvals, factors out of the promotors control etc.), then the prize will be forfeited and cash will not be awarded in lieu of the prize.
Further Terms and Conditions
36.The Promoter (subject to State and Territory Legislation) reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
37.The Promoter and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
38.If for any reason this competition 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, the Promoter reserves the right in its sole discretion 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.
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39.Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
40.Any entrant found to be using any form of software or third party application to enter multiple times for the voting phase of this competition (including scripting software) will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
41.An entrant may not 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. If the preceding sentence has been breached, the entrant will have all entries invalidated, any claim to any prize will be invalidated and where such an entrant has already been awarded a prize before being found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
42.Any entrant found to be entering incorrect contact details, including incorrect email contact details, will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
43.The prize must be taken as stated and no compensation will be payable.
44.The promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook and Eligible Entrants contact details will not be disclosed to Facebook, but to the Promoter.
45.Except for any liability that cannot be excluded by law, the Promoter (including its 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, including, but not limited to, where arising out of the following: (a) any theft, unauthorised access or third party interference; (b) 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; (c) any variation in prize value to that stated in these Terms and Conditions; (d) use of a prize.
Copyright, Statutory guarantees, Waiver and liability
46.In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s submission, image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with the Promoter or News Limited publications, or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.
47.The Promoter acknowledges that the entrant may own intellectual property rights (including copyright) in any material created or otherwise submitted to the Promoter in connection with the entrant’s entry or participation in any aspect of the promotion (Works). The entrant does not transfer their intellectual property rights to the Promoter by submitting an entry. The entrant hereby grants the Promoter a non-exclusive, irrevocable, perpetual, worldwide licence to use the Works (including modifying, adapting or publishing the Works, whether in original or modified form, in whole or in part or not at all, to use, modify, delete from, add to, publicly display and reproduce, the photo(s), including without limitation, in any online media formats and through any social media channels, pages or accounts) for the sole purpose of running the promotion, promoting and celebrating the promotion and future promotions and agrees that the Promoter may assign and/or sublicense the Works to third parties 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. 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 and all of its assignees, licensees and sub licensees to minor alterations to the Works which may be required for print or display purposes such as resizing and minor colour correction notwithstanding that such conduct may amount to derogatory treatment of the Works for the purposes of the Copyright Act 1968 (Cth) (Copyright Act). All Entrants consent to attribution by either full name or social media handle in satisfaction of their right to attribution under the Copyright Act.
48.In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation.
49.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 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 except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by 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.
50.The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged 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.
51.All entries become the property of the Promoter (with the exception of any intellectual property rights comprised therein). The Promoter collects personal information about you for the purposes of conducting this promotion but no further use of this information will be made without prior consent.
52.All entries become the property of the Promoter (with the exception of any intellectual property rights comprised therein). All opt-in entries will be entered into a database and The Promoter may use the entrant’s names, addresses and telephone numbers for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the entrant. By opting-in, entrants confirm that they allow their details to be used for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact The Promoter on their details set out below. Any request to update, modify or delete the entrant’s details should be directed to The Promoter.
53.Entrants’ personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation. For purposes of public statements and advertisements the Promoter will only publish the winner’s surname, initial and state. A request to access, update or correct any information should be directed to the Promoter.