The Australian – Win The Prize (prize valued at $25,260)

Terms and Conditions – The Australian Uluru Promotion
Nationwide News Pty Ltd
General
1. The Promoter is Nationwide News Pty Ltd, (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 prizes forms part of the terms of entry. Entry into the
competition is deemed acceptance of these terms and conditions.
3. If there is any inconsistency between these Terms and Conditions and anything else that
refers to this competition, these Terms and Conditions will prevail.
Who can enter
4. Entry is open to all residents of Australia who are the age of 18 years or older, except
employees and immediate families of the Promoter, Baillie Lodges, Engage Australia Pty
Limited and their associated companies and agencies. Immediate family includes 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 first cousin.
5. Entrants must be 18 years of age or older as at the date of entry in order to be eligible to
enter the competition.
6. 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
winner cannot provide suitable proof, the winner will forfeit the prize in whole and no
substitute will be offered.
When to enter
7. The competition commences on Saturday 25 November 2017 at 00:01 AEDT and
concludes on Sunday 10 December 2017 at 23:59 AEDT. Entries must be received by the
Promoter prior to the competition close date and time.
8. The time of entry will in each case be the time the SMS or online entry is received by the
Engage Australia Pty Limited database, not at the time of transmission by the entrant.
9. The Promoter accepts no responsibility for any late, lost or misdirected entries including
SMS messages not received by the Promoter or delays in the delivery of the SMS
message due to technical disruptions, network congestion or for any other reason. SMS
entries via the internet or computer generation and not attributable to a valid mobile
phone account is invalid and will not be accepted.
How to enter
10. A code word will be published in each edition of The Australian newspaper and The
Weekend Australian newspaper, during the promotional period, along with on The
Australian website at www.theaustralian.com.au, from Saturday 25 November 2017 to
Sunday 10 December 2017, inclusive. Each code word will be unique to that day.
Therefore, a different code word will be printed in The Australian newspaper and on The
Australian website each day from Monday to Friday (five different code words) and
another code word will be printed in The Weekend Australian and on The Australian
website each weekend.
a) Each code word published in The Australian newspaper and on the website will be
valid for that day (until 23:59 AEDT) of publication only and there will only be one (1)
code word per day.
b) Each code word published in The Weekend Australian newspaper and on the website
will be valid for that Saturday of publication and the following day (Sunday) (until
23:59 AEDT) only. There will only be one (1) code word per weekend.
c) Thirteen (13) unique code words will be published in total over the Promotional
Period.
d) Each promotional day will be considered to be 00:01 to 23:59 AEDT, excluding
weekends’ period which is Saturday 00:01 AEDT to Sunday 23:59 AEDT.
11. Entrants may enter the competition by either:
logging onto theaustralian.com.au/uluru and registering their details including (but
not limited to) full name, postcode, telephone number, e-mail address and code
word as featured in that day’s edition of The Australian newspaper or The
Weekend Australian newspaper, or on The Australian website to complete their
entry. The cost of accessing the promotional website will be dependent on the
entrant’s individual Internet Service Provider. Once an online entry has been
submitted successfully, a “thank you” message will appear on screen.
texting 19 719 766. SMS cost is $0.55 per entry (including GST) whether sent
during or outside the Promotion Period. Service not available from payphones.
Participants will be required to send their personal details including (but not
limited to), full name, email address, state, telephone number and code word as
featured in that day’s edition of The Australian newspaper or The Weekend
Australian newspaper or The Australian website. The SMS entry mechanic is only
open to consumers with a SMS compatible mobile phone connected to a service
provider which permits text messaging to the promotional SMS number. It is
recommended that entrants check with their individual service provider in this
regard. SMS entrants will receive a reply message to confirm that the entry has
been received. SMS Helpline: 1300 131 276.
12. Entrants are required to take full responsibility for the content of their entry and for
ensuring that their entry complies with these terms and condtions. Incomprehensible,
incomplete and unrecognised entries will be deemed invalid.
13. Unrecognised code words will not be accepted.
14. Any entry that is made on behalf of an entrant by a third party will be invalid, unless the
entrant requires the assistance of a third party to enter due to a disability.
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, PO Box addresses or
SIM cards to register single or multiple entries.
Number of Entries permitted
16. Participants may enter as many times as they like over the Promotional Period but only
one (1) entry per code word, per person is permitted. If an entrant chooses to enter every
day throughout the Promotional Period, they will receive a maximum of thirteen (13)
entries into the Major Prize Draw.
Draw and Notification of winner
17. The winner will be the first valid entry submitted in accordance with these terms and
conditions that is drawn by Engage Australia Pty Ltd by random computer selection at
Level 8, 56 Clarence Street, Sydney NSW 2000, at 14:00 (AEDT) on Monday 11
December 2017.
18. 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.
19. The winner will be notified by telephone and in writing within two days of the draw. The
winner will be published in the Public Notices section of The Australian newspaper on
Friday 15 December 2017.
20. Prize will be awarded to person named in the entry. However, in a dispute, will be
awarded to the account holder of the entry mechanism used to submit their entry (i.e.
mobile phone account holder or internet account holder).
21. 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.
22. Subject to State Regulation, an unclaimed prize draw will take place at Engage Australia
Pty Ltd of Level 8, 56 Clarence Street, Sydney NSW 2000 on Monday 12 March 2018 at
14:00 AEDT. The winner of the unclaimed prize draw will be notified by telephone and in
writing within two days of that draw, and will be published in the Public Notices section of
The Australian on Friday 16 March 2018.
Prize on offer
23. One (1) winner will receive:
i) Minimum 3 star accommodation for three (3) nights in the Dune Pavillion, at
Longitude 131º Lodges in Uluru, provided by Baillie Lodges for the Winner and
three (3) guests. valued up to $19,260.00, including:
o Accommodation at the Longitude 131º Lodge, for the winner and three
(3) guests in the Dune Pavillion
o All dining and open bar with French Champagne, premium wines and
spirits, for the winner and three (3) guests
o Access to the In-tent Bar, for the winner and three (3) guest
o Return Ayres Rock Airport transfers for the winner and three (3) guests
ii) Return economy class airfares for the Winner and three (3) guest from the
winner’s nearest capital city in Australia (Sydney, Melbourne, Brisbane, Perth,
Canberra, Hobart or Darwin) to Ayres Rock Airport, Australia, and from Ayres
Rock Airport, Australia to the winner’s nearest capital city in Australia (Sydney,
Melbourne, Brisbane, Perth, Canberra, Hobart or Darwin) at the conclusion of the
expedition, valued up to $6,000.00
24. Th total prize pool is valued up to $25,260.00 (including GST) as at Wednesday 8
November 2017.
25. The Winner and guests must travel between Sunday 14 January 2018 and Friday 30
November 2018. Travel must be completed in full, by Friday 30 November 2018.
26. 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).
The Promoter accepts no responsibility for change in prize value between now and the
ultimate prize redemption date.
27. Independent financial advice should be sought as tax implications may arise as a result of
accepting the prize.
28. Prizes cannot be transferred, exchanged or redeemed for cash.
29. It is a condition of accepting the prize that the winner must comply with all the conditions
of use of the prize and the prize supplier’s requirements. It is the responsibility of the
winner to confirm such conditions with the prize supplier or other relevant third parties.
30. 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.
31. All entrants agree that if they win the prize, they will not, and their companions will not,
sell or otherwise provide their story and/or photographs to any media or other
organisation, including the internet. Photographs will be allowed only at the discretion of
the Promoter.
32. Prize must be taken between Sunday 14 January 2018 and Friday 30 November 2018. In
the event a winner does not take the prize by the time stipulated, then the entire prize will
be forfeited by the winner and cash will not be awarded in lieu of the prize.
33. The winner acknowledges and accepts that activities that form part of the prize are
inherently dangerous and may result in death, injury, incapacity, damage to property or
other losses. The Promoter is not responsible for any acts of god, such as adverse
weather conditions or industrial action or civil commotion that may take place. The winner
must make his or her own enquiries about local issues and conditions at destinations prior
to travel.
34. The winner (and their companions) are responsible for all other expenses including
spending money, meals (unless specified), drinks (unless specified), transfers (unless
specified), laundry charges, activities (unless specified), incidentals, taxes (excluding
departure and any other flight associated taxes included within the prize), energy
surcharges, gratuities, services charges, passports, visas, travel insurance and all other
ancillary costs. The winner is responsible for ensuring that they and their travelling
companion(s) are fit to travel and have received appropriate immunisations and/or health
checks prior to taking the prize.
35. The winner and travelling companion must travel at the same time, must depart from the
same capital city and are responsible for transport from their residence to their nearest
capital city for flight departure.
36. The prize is subject to hotel and flight availability. Any variation in the length of trip or
cabin category will require settlement of the additional tarrif directly by the winner at the
time of booking. Retail rates apply at the time of booking and no changes are able to be
processed once the booking has been made. Air tickets are available on the regular
scheduled services of each airline and are subject to seasonal embargos. Flight itinerary
may have to be adjusted depending on the airline’s departure city and their current flight
schedule. Frequent Flyer points are not available from any airline. A credit card imprint
or cash deposit may be required from the winner at check-in, for all incidental charges.
Once accommodation vouchers are issued they are non-changeable.
37. The winner and their travel companion are responsible for complying with health and any
other government requirements that may apply to the prize. All prize travel will be subject
to the carrier’s General Conditions of Carriage. It is the traveller’s personal responsibility
to ensure that they have valid travel documentation, including valid passports and visas,
which meet the requirements of government authorities at the relevant destinations. Any
fines, penalties, payments or expenditures incurred as a result of such documents not
meeting the requirements of those authorities will be the sole responsibility of the
traveller/s. The Promoter makes no representation as to the safety, conditions or other
issues that may exist at any destination. Entrants should obtain travel advice from
independent sources, such as the web site of the Australian Department of Foreign
Affairs and Trade.
38. By entering the competition, the winner and their guest acknowledge they are able to
bring with them with the required clothing for this tour at no expense to the Promoter or
the other organisers.
39. Travel must be taken at the time specified by the Promoter and must coincide with the
dates where accommocation is available. If a winner and travellings companion are, for
whatever reason, unable to travel on a nominated date, or do not take an element of the
prize within the time stipulated by the Promoter then that element of the prize will be
forfeited by the winner. Cash will not be awarded in lieu of the prize or element thereof.
40. By entering this competition, entrants accept and acknowledge full responsibility for their
decision to participate in taking part in the stay and flight component of the prize should
they be chosen as winners. The winners release the promoter and other organisers, their
related bodies corporate, affiliates, officers, agents and employees, from all liabilities, loss
and damage of any kind arising at any time out of or in connection with the acceptance of,
and participation in, the prize. Without limiting the foregoing, the released parties not be
liable for any injury, sickness or death, property loss or damage or other direct or indirect
loss or damage of any kind, howsoever sustained or incurred, in connection with or
arising out of the stay, flights or any other aspect of the prize. The winner acknowledges
that they have been warned that there is a possibility of an accident causing injury, death
or property damage in accepting the prize and that he or she may be excluded from
participation in the prize if the promoter or other organisers consider that he or she is not
fit to participate.
41. Legal aged consumers should be advised to consider the safe drinking levels
recommended in the National Health and Medical Research Council Australian Alcohol
Guidelines that are available at: http://www.alcohol.gov.au/.
Further Terms and Conditions
42. Subject to complying with all relevant State and Territory legislation, the Promoter
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 the competition. The Promoter will disqualify any individual who has
tampered with the entry process or any other aspect of this competition.
43. The Promoter, Engage Australia Pty Ltd 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.
44. 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.
45. Entrants are responsible for any cost associated with accessing the promotional website .
Access to that site is dependent on the Internet service provider.
46. SMS entries submitted via the internet, computer generation or “scripting” and website
entries submitted via “scripting” are invalid and will not be accepted. The cost of sending
an SMS message will not exceed $0.55 cents including GST. Some service providers and
call plans may not provide access to Premium SMS. The Promoter will not be liable for
costs incurred, responses received or any other consequences of user error. Any SMS
entries submitted after the promotion period has closed will be ineglible to enter.
47. Any entrant found to be using any form of software or third party application to enter
multiple times (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.
48. 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.
49. If the prize is unavailable, for whatever reason, the Promoter reserves the right to
substitute the prize for a prize of equal or greater value, subject to State and Territory
legislation. It is a condition of accepting the prize that the winner must comply with all the
conditions of use of the prize and prize supplier’s requirements. Each prize must be taken
as stated and no compensation will be payable if a winner is unable to use the prize as
stated.
50. The Promoter will make reasonable efforts to deliver prizes to the addresses provided by
competition entrants. If a prize is returned to the Promoter because it could not be
delievered to the address provided, the Promoter cannot guarantee that it will be able to
resend the prize to theprize winner. The Promoter and its associated agencies and
companies will not be liable for any damage to or delay in transit of prizes.
51. The Promoter reserves the right to redraw the prize if an entrant who claims to be a prize
winner is unable to satisfy these terms and conditions.
Copyright, Statutory guarantees, Waiver and liability
52. 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.
53. 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.
54. 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.
55. 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.
56. 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 remainder of this clause will apply to the fullest extent permitted by law and 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.
57. 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.
58. 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. Any disclosure of such information will be
made as required by law and in accordance with these terms and conditions but no
further use of this information will be made without prior consent.
59. 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.
60. Engage Australia Pty Ltd, on behalf of the Promoter, is collecting the entrant’s personal
information for the purpose of conducting and promoting this competition (including but
not limited to determining the winner). If you are not willing for this to occur you cannot
participate in the promotion.
61. The Promoter collects information about you, including for example your name and
contact details which you provide when registering or using our services as well as
information from data houses, social media services, our affiliates and other entities you
deal or interact with for example by using their services. We collect and use that
information to provide you with our goods and services, to promote and improve our
goods and services, to provide you with targeted advertising based on your online
activities, for the purposes described in our Privacy Policy and for any other purposes that
we describe at the time of collection. We may disclose your information to our related
companies, including those located outside Australia. Any of us may contact you for
those purposes (including by email and SMS) at any time. We may also disclose your
information to our service and content providers, including those located outside
Australia. If you do not provide us with requested information we may not be able to
provide you with the goods and services you require. We may disclose your personal
information to authorities if you are a prize winner or otherwise as required by law. Further
information about how we handle personal information, how you can complain about a
breach of the Australian Privacy Principles, how we will deal with a complaint of that
nature, how you can access or seek correction of your personal information and our
contact details can be found in our Privacy Policy
http://www.newscorpaustraliaprivacy.com.
Authorised under
NSW Permit No. LTPS/LTPS/17/20015. ACT Permit No. TP 17/02406. SA Licence No.
T17/2264