Sky Racing – Follow @SkyRacingAu to win racing trip for 2 to Melbourne 2014
Terms and Conditions
SKY RACING – Weekend Racing Package Turnbull Stakes Twitter Promotion (the Promotion)
Information on how to enter the Promotion and the terms and conditions of the Promotion are set out below (the Terms and Conditions).
1.1.The promoter is Sky Channel Pty Ltd, 79 Frenchs Forest Road, Frenchs Forest, ABN (the Promoter).
1.2.Entry is open to all residents of Australia over the age of 18 who qualify for entry into the Promotion in accordance with these Terms and Conditions and who are not prohibited from participating in the Promotion under or by virtue of any relevant law, regulation or rule (an Eligible Participant).
1.3.By entering and/or participating in the Promotion, each Eligible Participant fully and unconditionally agrees to abide by these Terms and Conditions and agrees that the decision of the Promoter on all matters relating to the Promotion is final and binding.
The following people are not eligible to participate in the Promotion:
any person that is not an Eligible Participant;
directors, officers and employees of the Promoter and its related companies;
directors, officers and employees of contractors to the Promoter and its related companies; and
immediate family of (b) or (c).
For the purposes of these Terms and Conditions, “immediate family” means spouse (including de facto), parent, grandparent, sibling, child and stepchild.
1.5.The Promotion is a game of chance and selection of the winner is determined by random draw.
2.Term of Promotion
The Promotion commences at 10:00 AM (AEST) on Monday 1 September, 2014 and ends at 10:00 AM (AEST) on Friday 26 September 2014 (the Promotion Period).
3.How to Enter
To enter, an Eligible Participant must be following @SkyRacingAU on Twitter and during the Promotion Period, visit the Sky Racing Twitter Account (https://twitter.com/SkyRacingAU) and ReTweet the daily code word for that day (a new code word will be tweeted by @SkyRacingAU once each day during the Promotional Period) (Eligible Entry).
Any Eligible Participant who has placed an Eligible Entry is an Eligible Entrant.
An Eligible Participant may enter the Promotion a maximum of once each day by ReTweeting the code word for that day.
4.Selection of Winner
i.The draw will be conducted on the date set out in Table 1 by way of a random number generator at which time 1 winner will be selected (the Winner). The draw will take place at the Promoter’s Frenchs Forest address, being 79 Frenchs Forest Road, Frenchs Forest NSW 2086.
ii.The Winner will be notified on the day of the draw date. Notification will be by email, and the Winner’s name will also be published on www.skyracing.tv and on Twitter.
b.Second Chance Draw
i.In the event the Winner does not accept the Prize by 11.59pm (AEST) on Monday, 29 September 2014, the Promoter will undertake a second chance draw. The second chance draw will be conducted on the date set out in Table 1 by way of a random number generator. The second chance draw will take place at the address specified in 4(a)(i) above.
ii.The Winner of the second chance draw will be notified on the day of the second chance draw date. Notification will be by email, and the Winner’s name will also be published on www.skyracing.tv and on Twitter.
i.The Prize is set out in Table 1.
ii.The Prize will be delivered to the Winner’s nominated postal address.
Relevant Information (all times are Sydney times)
Date entries Open
Monday, 1 September 2014, 10.00am
Date entries Close
Friday, 26 September 2014, 10.00am
Maximum number of entries per person
1 per day.
Date of Prize Draw
Friday, 26 September 2014, 3.00pm
Date of Second Chance Draw
Tuesday, 30 September 2014, 10:00am
Prize & Prize value
A weekend racing trip for 2 people from 2-4 October 2014, including:
return flights to Melbourne from the Winner’s Australian capital city or, if the Winner is from Victoria appropriate transfer arrangements to Melbourne.
three night’s accommodation (2/10/14, 3/10/14, 4/10/14), at the Melbourne at Sofitel (one room either double or twin share) including 3 breakfasts
Lindsay Park Experience and breakfast for 2 people
Swettenham Stud experience for 2 people and lunch for 2 people
All transfers to and from Melbourne airport (or, if the Winner is from Melbourne, their residence), to and from accommodation, experiences and Flemington race track
double pass to the Australian Horse of the year awards
Exclusive behind the scenes double pass to Flemington race track on Turnbull Stakes Day 04/10/14.
Total Prize Value: $3,500
All other costs associated with the Prize, including but not limited to any travel costs to and from the relevant Winner’s home, spending money, taxes (not mentioned in the Prize inclusions), insurance, transfers, and other ancillary costs are the responsibility of the Winner.
5.1.Prize Specific Conditions
5.1.1.The Prize must be taken as offered, is not redeemable for cash, and is not transferrable.
5.1.2.The Prize is subject to the terms and conditions of the airlines, the Sofitel, the VRC and other host venues.
5.1.3.The Prize value is GST inclusive, is in Australian dollars, is the recommended retail value as provided by the supplier and is correct at time of printing.
5.1.4.The Winner and their respective guest must be over the age of 18.
5.1.5.The Prize must be taken as offered, on the dates specified only.
5.1.6.Except as provided for in clause 11 of these Terms and Conditions, in the event that for any reason whatsoever the Winner does not take an element of the Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the Winner and cash will not be awarded in lieu of that element of the Prize. Any frequent flyer points/miles cannot be accrued in relation to the Prize.
5.1.7.The Winner agrees that he or she will not, without the prior written consent of the Promoter (which may be withheld in its absolute discretion) participate in any other media activities or promotions for the purpose of, or discussing, commenting on or expressing a view on any aspect of the Promotion.
5.1.8.In relation to all activities connected with the Promotion, the Winner will refrain from expressing a negative or disparate view of the Promoter, its operations and any of its related bodies corporate.
5.1.9.The Winner acknowledges and agrees that the Promoter has the right to all materials generated in connection with the Promotion and can use those materials in any medium and in any manner it sees fit.
5.1.10.The Promoter will hold the copyright to any photographs, video or other media taken for publicity purposes and can use that media in any promotional material for a period of five years.
The Winner agrees to indemnify the Victorian Race Club (VRC) against liability for or in respect of any claims, demands, actions, suits or proceedings, costs, expenses, loss, damage, personal injury or death of any person arising out of or in connection with the use of the VRC’s facilities (in connection with the Winner’s use of the Prize) by the Winner or their guest, or as a result of any act or omission of the Winner, or their guest while the Winner or their guest are within VRC’s facilities (in connection with their use of the Prize).
6. Delivery of Prize ( HIDDEN TEXT: Note to author – this clause may not be relevant if the Prize is not tangible. If not relevant, please delete).
A Sky Racing representative will contact the Winner (via phone, email or direct message on Twitter) by 5.00 PM (AEST) (midday) on Monday 29 September 2014 in regards to the delivery or pick up of the Prize. The Winner will need to provide relevant contact details including full name, phone number, postal address, email address, and any other required details.
7.Tax Issues & Costs
7.1.Any taxes which may be payable as a consequence of a Winner receiving the Prize are the sole responsibility of that Winner. The Promoter accepts no responsibility for any tax implications that may arise from the Promotion or Prize and encourages each Winner to seek independent financial and tax advice.
7.2.All other costs associated with the Prize, including but not limited to insurance or ancillary costs, are the responsibility of the Winner.
8.Exclusion of Liability
8.1.To the extent permitted by law, the Promoter is not liable for any loss, including, but not limited to, direct, consequential (including economic) or indirect loss or any loss of profits, by reason of act or omission, deliberate or negligent, by the Promoter or their servants or agents, in connection with this Promotion or the arrangement for supply or failure to supply, any goods or services by any person to the Winner.
8.2.Whilst the Promoter will use all reasonable endeavours to arrange the delivery of the Prize in accordance with clause 7, by entering into this Promotion, each Winner acknowledges that circumstances beyond the reasonable control of the Promoter may prevent the delivery of the Prize by that date, or at all, which include the failure by a Winner to notify the Promoter of any change of delivery address of the Prize (if applicable).
8.3.Nothing in these Terms and Conditions affect, nor is intended to affect, any rights that an Eligible Participant might have that are not able to be excluded under applicable Australian consumer protection laws.
9.Use of Personal Information / Marketing
9.2.All entries become the property of the Promoter. Any information Eligible Participants provide will be used by the Promoter for the purpose of conducting this Promotion.
9.3.The Promoter may disclose Eligible Participants’ personal information to its contractors and agents to assist in conducting this Promotion or communicating with Eligible Participants.
9.4.By entering the Promotion, Eligible Participants consent to their personal information being collected, used and disclosed by the Promoter, its agents, affiliates, related bodies corporate, other companies associated with this Promotion, and business partners for any promotional activities, including the Eligible Participant’s personal participation in reasonable promotional activities as requested by the Promoter, and any marketing and publicity purposes without any further reference, payment or other compensation to the Eligible Participant.
9.5.Eligible Participants’ consent includes authorising the Promoter, its agents, affiliates, related bodies corporate, other companies associated with this Promotion and business partners to send the Eligible Participant future electronic messages including but not limited to, SMS, MMS, and email regarding any promotional, marketing and publicity activities.
9.6.Eligible Participants’ personal information may be disclosed to State and Territory lottery departments and Winner’s name published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter at its address set out in clause 1.1.
9.7.All Eligible Participants consent to the publication of their name and suburb of residence (however their full address will not be published) and agree to participate in reasonable activities associated with the Promotion as requested by the Promoter.
10.1.The Promoter, including DTC, and their respective employees, officers, agents, and its related bodies corporate are not responsible for and shall not be liable for:
10.1.1.any condition caused by events beyond the control of the Promoter that may cause the Promotion to be disrupted or corrupted;
10.1.2.any injuries, losses (including, without limitation, loss of profits), or damages of any kind caused by the Prize or resulting from acceptance, possession, use, or misuse of the Prize, or from participation in the Promotion or downloading material from www.skyracing.tv or any other website operated by the Promoter; or
10.1.3.any printing or typographical errors in any materials associated with the Promotion.
10.2.The Promoter reserves the right, in its sole discretion, to:
10.2.1.cancel or suspend the Promotion, should the security, fairness, integrity, or proper operation of the Promotion be compromised in any way by way of any virus or bugs in the IT system used for this Promotion; unauthorized human intervention; or other causes beyond the reasonable control of the Promoter;
10.2.2.disqualify any Eligible Participant who engages in offensive, illegal or objectionable conduct in respect of the Promotion or otherwise brings the Promotion and/or the Promoter into disrepute;
10.2.3.disqualify any Eligible Participant who tampers with the entry process, or who submits an entry that is not in accordance with these Terms and Conditions;
10.2.4.cancel, terminate, modify or suspend the Promotion in accordance with any written directions given by any relevant government or regulatory authority to do so; and
10.2.5.request that a Winner provide proof of age, identity or proof of residency at the nominated Prize delivery address.
10.3.In the case of the intervention of any outside agent or event which changes the result or prevents or hinders its determination, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest or strikes, the Promoter may in its absolute discretion cancel the Promotion and postpone it until a later date.
10.4.It is a condition of accepting the Prize that the Winner and the Winner’s guest may be required to sign a legal release in a form determined by the Promoter and agreed to by the Winner, acting reasonably.
10.5.To the extent that a situation or issue arises for which these Terms and Conditions make no provision or in relation to which the relevant Terms and Conditions are unclear, the Promoter will make a decision regarding such situation or issue in its sole and absolute discretion and such decision will be final and binding.
10.6.In the event that a Winner is identified as a person who is in breach of these Terms and Conditions (the Refused Winner), the Promoter reserves the right to refuse to allow a Refused Winner to take part in, or receive, any or all aspects of the Prize, and the Promoter will notify any relevant regulator accordingly where required by law to do so.
10.7.The Terms and Conditions are governed by and must be construed in accordance with the laws in force in New South Wales. The Promoter and each Eligible Participant submits to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia in respect of all matters arising out of the Terms and Conditions.
11.Unclaimed Prize Draw
If, by the period noted in section 5.3.4, a Winner is unable to be contacted, or, for whatever reason the Winner does not accept the Prize, a further Eligible Participant will be selected in accordance with the selection criteria set out in clause 4.1 and that Eligible Participant will be declared the Winner and will receive the Prize.
ACT – TP 14/02836
NSW – LTPS-14-06421