The New Daily Fifth Birthday Competition – Terms and Conditions of Entry

General

1. Information on how to enter The New Daily Fifth Birthday Competition and prizes form part of the Terms and Conditions of Entry. Entry into this competition deems acceptance of these Terms and Conditions.

2. 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

3. Subject to clause 4, entry is open to all residents of Australia who are at least 18 years of age as of the date of entry, who have fulfilled the requirements set out below.

4. Employees, and their immediate family members, of the Promoter – The New Daily, Motion Publishing Pty Ltd and associated agencies and companies are not eligible to enter this competition. Immediate family members 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. The Promoter is Motion Publishing Pty Ltd of Level 6/124 Exhibition Street, Melbourne, VIC, 3000, Australia
 (“Promoter‟).

How to enter

5. Entrants must be an active subscriber of The New Daily subscription database.

6. Entrants must visit the competition page, complete the entry form and answer the day’s prompt. There will be five prompts during the promotional period.

7. Participants must be active subscribers of The New Daily on the date of draw to be eligible for any prize.

Number of entries permitted

8. One (1) entry per person per prompt for the duration of the promotion. Only one (1) prize permitted per person.

Open, Close, Draw and Publish dates

9. The competition commences 19 November 2018 at 12:01AM AEDT and closes 23 November 2018 at 11:59PM AEDT (“Promotional Period”). The Promoter must receive entries during the Promotional Period.

10. The five (5) winning entries will be selected by the Promoter at the premises of Motion Publishing Pty Ltd at Level 6, 124 Exhibition Street Melbourne 3000 on 26 November 2018 at 10:00AM AEDT. One (1) winner will be selected per prompt and will win the prize linked to that prompt. Each winner will be selected from all valid entries received from entrants by the specified date.

11. The Promotion is a game of skill. The Promoter will judge each valid entry based on, among other things, creativity, suitability, and relevance to the prompt.

12. The judges’ decision in relation to any aspect of the competition will be final and binding on every person who enters. No correspondence will be entered into.

13. The winners will be notified by email within two business days of the draw and the name of the winners will be published via run of site promotional advertising on 26 November 2018.

14. The prizes will be sent within 28 days of the draw.

15. The Promoter may conduct such further draws on 10 December 2018 at the same time and place if the prize has been unclaimed by the original winner. The winner of any unclaimed prize draw will be notified by email within two business days of the draw and the name of the winner will be published via run of site promotional advertising on 10 December 2018.

Prizes on offer

16. Combined total prize value is up to $5,000 (Including GST), as at 16/11/18. Each prize is valued at up to $1,000 (Including GST), as at 16/11/18

17. The prizes will be fulfilled by Motion Publishing Pty Ltd.

18. Prizes consist of:

19. The winner must comply with all conditions specified by Motion Publishing Pty Ltd. Conditions specific to the prizes include:

a) Ticket prizes are subject to the event venue and ticket terms and conditions.
b) Redemption of any vouchers is subject to any terms and conditions of the issuer. Any unused balance of a voucher will not be awarded as cash.
c) Travel arrangements to and from the winner’s home and the Australian Open do not form part of the prize and are the responsibility of the winner and their travelling companion/s.

20. In the event a winner does not take the prize by the time stipulated, then the winner will forfeit the entire prize and cash will not be awarded in lieu of the prize.

21. Unless expressly stated in these Terms and Conditions all other expenses are the responsibility of the winners.

22. By entering this competition, and by collecting a prize, the winner acknowledges and accepts that driving, travel and any other activities comprising 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, adverse weather conditions or industrial action or civil commotion that may occur whilst the winner is travelling. It is the responsibility of the prize winner to enquire about local issues and conditions at destinations prior to travel. The Promoter does not guarantee that the winner will enjoy the prize or be suited to the type of prize that is offered.

Other terms & conditions

23. Any entrant found to have used a third party (including online competition entry site) to enter on their behalf will have all entries invalidated and any claim they have 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 prize awarded. 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.

24. 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 prize awarded. 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.

25. If any 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. Cash will not necessarily be awarded as a substitute.

26. It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.

27. The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential prize delivery. The Promoter makes all reasonable efforts to deliver prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to the prize winner.

28. The Promoter reserves the right to request winners to sign a winner’s deed of release or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity in order to claim a prize. Proof of identification, residency, age 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.

29. The Promoter reserves the right to conduct a redraw in the event that an entrant, claiming to be a winner, is unable to satisfy these Terms and Conditions or has breached these Terms and Conditions.

30. The Promoter’s decision in relation to any aspect of the competition is subject to State and Territory legislation but also final and binding on each person who enters. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries. Prizes are subject to availability, not transferable or exchangeable and, with the exception of cash prizes, cannot be taken as cash. Prizes will be sent to the winner’s nominated address as stated in their original entry. The Promoter and their associated agencies, and companies associated with this promotion will take no responsibility for prizes damaged or lost in transit.

Copyright, statutory guarantees, waiver and liability

31. All entries and any copyright subsisting in the entries become and remain the property of the Motion Publishing Pty Ltd who may publish or cause to be published any of the entries received. The Promoter and its related entities collects entrants‟ personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners). Entrants can view the Promoter’s privacy policy at http://thenewdaily.com.au/privacy/.

32. In participating in the prizes, the winners agree to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. The winners (and their companions) agree to granting the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide, including online social networking sites, and the winners (and their companions) will not be entitled to any fee for such use.

33. Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.

34. 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.

35. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

36. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State 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.

37. 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) use of a prize The Promoter (including its‟ officers, employees and agents) excludes all liability for any loss (including, without limitation, indirect, special or consequential loss or loss of profits or opportunity), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person‟s negligence) in connection with this competition including taking or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law), including the Non-Excludable guarantees. Any change in value of the prize occurring between the publishing date and date the prize is claimed is not the responsibility of the Promoter.