PHOTO CONTEST – JULY 2015
TERMS & CONDITIONS
- Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
- Entry is only open to Australian residents aged 18 years or over.
- Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family 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.
- Promotion commences on 01 July 2015 at 8.00am AESDT and ends at 11:59pm AEDST on 31 July 2015 (“Promotional Period”).
- To enter, individuals must post a photograph in the comments field of the Facebook competition post (“Competition Post”) calling for entrants to ‘upload your best photos of PEOPLE ENJOYING PUMPHOUSE POINT in the comments section of this post’. Entrants may enter as many times as they like.
- Photograph entries which are not clearly related to Pumphouse Point or Lake St Clair, or which do not contain people, will be deemed invalid.
- The Promoter reserves the right, at any time, to remove photograph entries which the Promoter deems, with full discretion, to be distasteful, inappropriate or not within the spirit of the Promotion.
- The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
- The prize winner will be decided by a judging panel appointed by the Promoter. Judging will take place on 1 August 2015 at Pumphouse Point, Lake St Clair Road, Lake St Clair, TAS 7140, at 5.00pm (AEDST). This is a game of skill. Chance plays no part in determining the prize winner. Each entry will be individually judged based on the creative merit of their photograph and adherence to the brief in the Competition Post. The Promoter’s decision is final and no correspondence will be entered into. The Promoter may direct the judging panel to nominate additional suitable entries in case the original winning entry is deemed invalid or ineligible, or the prize winner cannot be contacted.
- If the prize is not claimed by 31 August 2015, the Promoter reserves the right to award the prize to the second best judged entry decided on 1 August 2015 at 5:00pm (AEDST). In the event that the winner cannot accept the prize (for whatever reason) the prize will be forfeited by that winner and the third best judged entry will be awarded the prize and so on until a valid winner is found who is able to accept the prize. The prize cannot be transferred to another person unless agreed by the Promoter.
- The prize winner will be notified in writing via Facebook. Their name will be published within the comments fields on the Facebook competition post within three days of successful contact with the prize winner.
- The Promoter’s decision is final and no correspondence will be entered into.
- The prize is a $150.00 Gift Voucher for Pumphouse Point, valid for 12 months from the date of issue and valid for use on any accommodation, food or beverage from Pumphouse Point. The total value of the prize is AU$150.00 (inc. GST). The value of the voucher is not great enough to purchase one night’s accommodation at Pumphouse Point outright, but it can be used to contribute to the cost of accommodation booked by the prize winner.
- The prize must be accepted within the Terms and Conditions of Entry and cannot be varied. In the event for any reason a winner does not take the prize at the time stipulated by the Promoter, the prize will be forfeited by the winner and cash will not be supplied in lieu of the prize. Where the prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter, subject to the approval of the gaming authorities, where required.
- The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash.
- Entrants consent to the Promoter using their photograph entry in any media for an unlimited period without remuneration for the purpose of marketing this promotion (including any outcome), and marketing the Promoter’s business, unless the Entrant expressly instructs otherwise in writing via [email protected]
- If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
- Any cost associated with entering the completion is the entrant’s responsibility and is dependent on the internet service provider used.
- Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective 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.
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) 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; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) taking/use of and/or participation in the prize.
- The Promoter is Pumphouse at St Clair Pty Ltd (CAN: 163 443 249) As Trustee for Pumphouse Unit Trust (ABN: 24 638 682 389), trading as Pumphouse Point.