Terms and Conditions
Central & North Burnett Melbourne Cup Sweepstakes 2019 (‘promotion’)
1. The Promoter is The South Burnett Times Pty Ltd (‘the promoter’) of 174 – 176 Haly Street, Kingaroy Queensland 4601. ABN 90 009 657 416. Telephone number: 07 41629721
2. Information on the Advertising Packages, how to enter the Melbourne Cup Sweepstakes 2018 Competition (‘promotion’) and the prizes form part of these Terms and Conditions.
3. Entry into the Competition is deemed acceptance of these Terms and Conditions.
4. Entry is open to all business Advertisers (“participants”) who have a current registered business in the Central & North Burnett region and are aged 18 years and older.
5. Any participant can opt out of the Competition component of the Central & North Burnett Melbourne Cup Sweepstakes 2019 by contacting the Promoter in writing at the address shown at Clause 1.
Purchase a package
6. To purchase a Melbourne Cup Sweepstakes 2019 Advertising Package, participants must complete the Melbourne Cup Sweepstakes Booking Form on the Melbourne Cup Sweepstakes 2019 Flyer; then return the whole Flyer to the Advertising Sales Representative at the Central & North Burnett Times office, complete with the selection of package they wish to purchase.
7. There are twenty-four allotted package spaces available.
How to book
8. Bookings open Monday October 3, 2019 and close Thursday October 24, 2019 at 10:00am AEST.
9. Bookings received after the close time and date will be deemed invalid and will not be eligible to participate in the Melbourne Cup Sweepstakes 2019 Competition.
How to enter
10. Participants who purchase a Melbourne Cup Sweepstakes 2019 Advertising Package, will automatically receive a free entry to participate in the Melbourne Cup Sweepstakes 2019 Competition.
11. The time of entry will in each case be the time the entry is received by the Promoter and not the time the entry was submitted by the entrant.
12. The Promoter accepts no responsibility for any late, lost or misdirected entries including technical disruptions, network congestion or for any other reason.
13. 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.
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 or PO Box addresses.
Melbourne Cup Competition
16. The Melbourne Cup Sweepstakes 2019 Competition commences Thursday October 3, 2019 and concludes on Thursday October 30, 2019 at 5:00pm AEST.
17. Bookings received after the competition conclusion date will be deemed invalid and will not be entered into the competition.
18. All participants shall have their advertising package billed to their normal business account.
19. The Melbourne Cup Sweepstakes 2019 Advertising Packages are non-transferable and cannot be redeemed for cash.
20. The advertising package components and inclusions cannot be exchanged, offered as prizes in another competition or part of another advertising package, promotion or passed to any third party outside the participant’s business without express permission from The South Burnett Times Pty Ltd.
21. Advertisements must be booked throughout the advertising period between Thursday October 3, 2019 and
Thursday October 31, 2019.
22. Advertisements cannot be banked and must be booked throughout the advertising period.
23. It is the responsibility of any participant to use the advertising purchased within the Advertising Period.
24. Any advertising not used in the Advertising Booking Period will be forfeited and cannot be redeemed in cash, credit to another booking, paid off an existing account, nor can it be carried forward into the 2019/2020 Calendar year.
25. A participant in the Melbourne Cup Sweepstakes 2019 may cancel their advertising package by notifying their Advertising Sales Representative, however, there will be no refund on advertising already placed.
26. Participants who cancel their advertising package at any time throughout the promotion period and whether fully or partially paid, will no longer be eligible to continue to participate in the Melbourne Cup Sweepstakes 2019 Competition.
27. Cancellations received after all advertising has been exhausted by the participants will incur the full cost of participation and no refund will be forthcoming.
28. The Promoter has the right to refuse any advertising booking.
29. Melbourne Cup Sweepstakes 2019 Advertising Package – what an advertiser receives:
• One (1) M12x3 advertisement;
• Set rotation of advertising will apply;
• The advertisement must be booked for insertion between Friday October 3, 2019 and Friday October 31, 2019;
• Advertisements that are not within the advertising period will not be extended and cannot be redeemed for cash;
• The advertising package cost $277.20 each (inclusive of GST);
• The package includes free entry in the South Burnett Melbourne Cup Sweepstakes 2019;
• Advertisements are to be used for advertiser’s general business advertising needs only.
Horse draw and allocation
30. A random draw and allocation of horses running in the field of horses for the Lexus Melbourne Cup will commence at the Central & North Burnett Times office, 35 Capper Street, Gayndah Qld 4625 at 10:00am AEST Tuesday November 5, 2019.
31. If an advertiser’s allocated horse is subsequently scratched from the Lexus Melbourne Cup race, then this will end that advertiser’s participation in the competition and no other horse will be allocated in the scratched horse’s place.
32. Each participating advertiser will be telephoned with their allocated horse and corresponding number, by 10:30am AEST Tuesday November 5, 2019.
Draw and Notification of winner
33. Upon the Lexus Melbourne Cup race being finalised and the winning horses being formally announced, the winning advertisers with the corresponding winning horse numbers will be contacted by Tuesday November 5, 2019.
34. The winners must claim their prize in person at the Central & North Burnett Times office (unless advised otherwise).
35. It is the sole responsibility of a winner to claim their prize.
36. Any prize winner acknowledges that the promoter has the right to publicise and publish his/her name, character and likeness and acknowledge that the Promoter has the right to utilise publicity photos in any reasonable manner it sees fit without compensation to the participant.
37. 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 about the Promotion.
38. The winners’ details will be published in the Central & North Burnett Times on Thursday November 7, 2019.
39. Should a participant’s contact details change during the promotional period, it is the participant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter (see Clause 1).
40. Individual prizes are valued up to $1,069.20 (inclusive of GST). The total value of prizes in the competition is $2,61.60 (inclusive of GST).
41. The winners will receive the following prizes:
• First placed horse in the Lexus Melbourne Cup - An advertising voucher for a full-page advertisement in the Central & North Burnett Times, retail value $1,069.20;
• Second placed horse in the Lexus Melbourne Cup - An advertising voucher for a half-page advertisement in the Central & North Burnett Times, retail value $668.25;
• Third placed horse in the Lexus Melbourne Cup – An advertising voucher for a quarter-page advertisement in the Central & North Burnett Times, retail value $400.95;
• Last placed horse in the Lexus Melbourne Cup - An engraved wooden spoon, retail value up to $5.00.
• Winners will have their prize advertisement placed in the Central & North Burnett Times newspaper between Thursday November 7, 2019 and Thursday December 5, 2019.
42. 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.
43. Independent financial advice should be sought as tax implications may arise because of accepting the prize.
44. Prizes cannot be transferred, exchanged or redeemed for cash.
45. 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.
46. 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.
47. The prize must be taken by the person named as the participant in the competition.
48. Any changes to this nomination will only be made subject to the Promoter being reimbursed for any costs related to the change.
49. Any winner must complete a Competition Release Form to confirm rightful collection of their prize and to confirm identity and residence.
50. The participant is responsible for all expenses over and above what is included in the prize, including any additional value over and above the prize value.
Further Terms and Conditions
51. 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.
52. 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.
53. 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
54. All entries must be sent by post or delivered to the addresses set out in these terms and conditions. Entries that contain any objects not specified in these term and conditions will be deemed invalid and will not be accepted. The Promoter and its agents take no responsibility whatsoever for such entries that do not comply with these terms and conditions.
55. 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.
56. 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.
57. 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.
58. The Promoter will make reasonable efforts to deliver prizes to the addresses provided by competition entrants (where applicable). If a prize is returned to the Promoter because it could not be delivered to the address provided, the Promoter cannot guarantee that it will be able to resend the prize to the prize winner. The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.
59. 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
60. 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.
61. 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.
62. 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.
63. 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.
64. 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.
65. 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.
66. 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.