1. Instructions on how to enter and prize information forms part of these Terms and Conditions. Participation in any competition is deemed as acceptance of these Terms and Conditions.
2. The promoter is Motion Publishing Pty Ltd (ACN 153137243) of Level 6, 124 Exhibition Street, Melbourne VIC 3000 (Promoter).
3. The New Daily standardly conducts two types of competition, games of skill or game of chance. In the case of game of skill, each entry will be individually judged based on its literary and creative merit. In the case of game of chance, winners are based on random selection.
4. When there is a game of chance, The New Daily operates in accordance with the Victorian Commission for Gambling and Liquor Regulation (VCGLR) regulations.
5. No individual prize will exceed $250.
6. The overall prize value will not exceed $50,000.
Who can enter
7. Subject to clause 6, entry is open to all residents of Australia between the ages of 18 and 79, as of the date of entry, who have fulfilled the requirements set out below.
8. 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.
9. Entrants must be a subscriber of The New Daily subscription database.
Competition Open, Close and Publish dates.
10. Promotion commences and closes on the dates shown. Only the winner(s) will be notified by email and must respond within 48 hours or the prize may be re-allocated. Relocation will be based on remaining competition entrants.
11. The winner(s) will be notified by email within two business days after the promotion closes.
12. The prize will be sent within 28 days once the winner is picked.
13. The Promoter may conduct such further reviews a month after notifying the winner at the same time and place if the prize has been unclaimed by the original winner. The winner of any unclaimed prize will be notified by email within two business days.
14. The prizes will be fulfilled by Motion Publishing Pty Ltd.
15. 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.
Other terms & conditions
16. 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.
17. 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.
18. 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. Cash will not necessarily be awarded as a substitute.
19. It is a condition of accepting the 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.
20. 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.
21. 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.
22. The Promoter reserves the right to conduct a further review 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.
23. 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. 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
25. 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.
26. 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.
27. 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.
28. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
29. 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.
30. 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.