#shopmidcoast Launch Competition Terms and Conditions
Promoter: MidCoast Business Chamber
70 Wynter Street, Taree, NSW 2430
1. Information on how to enter and prize forms part of these Terms and Conditions.
2. Participation in the #shopmidcoast Win $5k Competition (‘Competition’) is deemed acceptance of these Terms and
Conditions.
3. In these Terms and Conditions:
a) the ‘Prize’ is five (5) #shopmidcoast gift cards valued at $1000 (including GST) each, making up a total prize value of $5000, to be redeemed at any Participating Store:
b) ‘Competition Administrator’ means Why Leave Town Promotions (ABN 81 180 759 556);
c) ‘Entrant’ means a person who has submitted at least one (1) entry into the Competition in accordance with these Terms and Conditions and is therefore participating in the Competition;
d) ‘GST’ means goods and services tax payable pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
e) ‘Participating Store’ means a store in the Mid-Coast Council Local Government Area which appears on the Participating Stores List;
f) ‘Participating Stores List’ means the #shopmidcoast list of participating stores published on the Competition Administrator’s website at https://www.whyleavetown.com/midcoast, as amended from time to time; and
h) ‘Promotor’ means Mid Coast Business Chamber (ABN 18 619 916 380).
4. Entry into the Competition is free and open to all Australian residents aged 18 years and over.
5. Entrants cannot be the business owner of a registered loading or redeeming store.
6.Entrants under 18 years old must have parent/guardian approval to enter the Competition. The parent/guardian of the Entrant must read and consent to these Terms and Conditions.
7. The Competition will be administered by the Competition Administrator on behalf of the Promoter.
8. The Competition opens at 9am (AEST) 6th November 2020 and closes at 5pm (AEST) 18th December 2020 (’Promotional Period‘).
9. Following the closure of the Promotional Period, 1 Prize will be awarded to winning Entrant of the Competition on the date of the draw specified in clause 12 of these Terms and Conditions. The maximum total prize pool of the Competition is $5,000AUD (including GST).
10. Entries into the Competition must be received within the Promotional Period and no later than 4:59:59 PM (AEST) on 18th December 2020.
11. To enter the Competition and qualify as an Entrant, a person must, during the Promotional Period:
a) purchase a #shopmidcoast gift card from a Participating Store;
b) register the gift card through the Competition Administrator’s website (https://www.whyleavetown.com/register-card); and
c) complete all required fields included in the registration process.
12. There is no limit to the number of Competition entries that can be submitted by an Entrant, however duplicate entries will be disqualified from the Competition.
13. The Winning Entrant will be randomly selected by a representative of the Promoter at the offices of Mid-Coast Council at 2 Pulteney Street Taree NSW 2430 on Monday 21st December 2020 at 2pm. The first valid entry selected will, subject to these Terms and Conditions, be awarded the Prize. The Winning Entrant will be notified in writing via email and/or telephone within seven (7) days of the date of the draw and their name will be published on the Promoter’s Facebook page, which can be accessed at: https://www.facebook.com/shopmidcoast for a period of 28 days from the date of the draw.
14. The winning Entrant must claim and collect their Prize in accordance with the instructions given by the Promoter within two (2) months of the closure of the Promotional Period (‘Prize Collection Period’). Should the Winning Entrant fail to claim and collect their Prize in accordance with the instructions given by the Promoter (irrespective of any reason) before the expiry of the Prize Collection Period, the Promoter may, in its sole discretion, deem the Prize forfeited and the winning Entrant will have no entitlement to claim any Prize (nor any other compensation in lieu of any Prize).
15. By accepting a Prize, the winning Entrant agrees to either:
be interviewed, photographed and/or filmed at a time and date nominated by the Promoter; or
supply photographs and comments, as required by the Promoter,
to be used by the Promoter or their agents for a story or feature on the Competition to be developed and pitched to the media or featured on the Promoter’s website or their social media pages (or any other form of media the Promoter deems suitable) without any further remuneration or reference to the winning Entrant. The rights to such story or feature (including but not limited to creative control of the story or feature) will remain with the Promoter at all times.
16. In order for the winning Entrant under the age of 18 years old to receive the Prize, their parent/guardian may be required by the Promoter to enter into a further agreement as evidence of their consent to the Entrant participating in the Competition and these Terms and Conditions. If the parent/guardian does not sign such further agreement, the Entrant will be deemed by the Promoter as ineligible to receive their Prize and their Prize will be forfeited.
17. The Competition is based on chance and not skill, with the winning Entrants selected at random, and aims to encourage people to ‘shop local’ at the Participating Stores.
18. An Entrant must not tamper with any entry or interfere with the conduct of the Competition.
19. Employees of the Promoter (and their immediate families) are ineligible to enter the Competition.
20. The Promoter reserves the right, at any time (including following the draw to select the winning Entrant), to:
a) verify the validity of entries (including requesting proof of an Entrant’s age and/or place of employment); and
b) disqualify any Entrant who fails to comply with any provision of these Terms and Conditions or who tampers or interferes with the entry process.
21. Errors and omissions in any entry will be accepted at the Promoter’s sole discretion. Failure by the Promoter to enforce any of its rights under these Terms and Conditions at any time does not constitute a waiver of those rights.
22. The Winning Entrant must not engage in any illegal or unsafe behaviour whilst participating in the Competition or in connection with their acceptance of a Prize. To the maximum extent permitted by law, the Promoter and the Competition Administrator exclude any legal liability or responsibility for legal or otherwise incidents or activities engaged in by the Winning Entrant during and after the Entrant’s participation in the Competition and their receipt of a Prize.
23. The Prize must be taken as offered, is not reloadable and expires three (3) years from the date of activation as per the Competition Administrator’s terms and conditions which can be accessed at: https://www.whyleavetown.com/terms-conditions. The Prize, or any unused portion of the Prize, is not transferable or exchangeable and cannot be redeemed as cash. The Prize is not valid in conjunction with any other offer. The Prize is valued in Australian dollars. The Promoter accepts no responsibility for any variation in the value of the Prize. 24. The Winning Entrant is advised that tax implications may arise from their Prize and they should seek independent financial advice prior to accepting the Prize.
24. By accepting the Prize the winning Entrant acknowledges that they may incur additional costs associated with redeeming the Prize, which will be their entire responsibility.
25. The Prize is valued inclusive of GST and the Promoter takes no responsibility for any variations in Prize values. The components of the Prize may alter for reasons beyond the Promoter’s control.
26. In the event that the Prize, or any part of the Prize, is or becomes unavailable, for whatever reason, the Promoter reserves the right to substitute the Prize or the relevant part of the Prize in its sole discretion with an alternative Prize or part of the Prize to the same and equal recommended retail value and/or specification. Without limiting the foregoing, the Winning Entrant who receives the Prize in accordance with these Terms and Conditions agree that if a Participating Store is removed from the Participating Stores List, for whatever reason, at any time during or after the Promotional Period, the Prize must be used at any other Participating Store then listed on the Participating Stores List.
27. The Promoter is neither responsible nor liable for any late, lost or misdirected mail (including but not limited to a Prize) or any Prize damaged in transit during its delivery.
28. Any cost associated with entering the Competition or accessing any website referred to in these Terms and Conditions is the Entrant’s responsibility.
29. 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 2010 (Cth), nor any other implied warranties under consumer protection laws in the State of New South Wales, Australia.
30. To the maximum extent permitted by law, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes any and all liability (howsoever arising) to any person, including for any personal injury, loss or damage of any kind (including loss of opportunity), whether direct, indirect, special or consequential, arising out of or in connection with the Competition, including:
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;
d) any variation in Prize value to that stated in these Terms and Conditions;
e) any tax liability incurred by any winning Entrant;
f) any act or omission of any Entrant; and/or
g) the use of any Prize,
and each Entrant unconditionally and irrevocably releases the Promotor from any such liability, including if the Prize is not honoured by a Participating Store.
31. Subject to law, if the Competition is interfered with in any way, or in the event of any unforeseen circumstance (including any circumstance beyond the reasonable control of the Promoter), war, terrorism, state of emergency, pandemic or disaster (including but not limited to natural disaster), the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Competition.
32. The Promoter is bound by the Privacy and Personal Information Protection Act 1998 (NSW). The Promoter and the Competition Administrator collect personal information (‘PI’) in order to conduct the Competition and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, Participating Stores and, as required, to Australian law enforcement or regulatory authorities. Entry into the Competition is conditional on an Entrant providing this PI (and, where applicable, a parent/guardian consenting to the provision by the Entrant of this PI). The Promoter will also use and handle PI as set out in its privacy management plan, which can be accessed at: https://www.midcoast.nsw.gov.au/Council/Privacy. The Competition Administrator will also use and handle PI as set out in its privacy policy, which can be accessed at: https://www.whyleavetown.com/terms-conditions. In addition to any use that may be outlined in the privacy management plan of the Promoter or the privacy policy of the Competition Administrator, the Promoter and/or Competition Administrator may also, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning Entrants. Entrants should direct any request to opt-out, access, update or correct their PI to the Promoter and/or Competition Administrator and/or direct any complaints regarding the treatment of their PI according to the respective privacy plans/policies of the Promoter and Competition Administrator.
33.If the Prize is forfeited by the winning Entrant pursuant to these Terms and Conditions, Mid Coast Business Chamber shall not award the Prize to any other Entrant.
34. If a dispute arises in relation to these Terms and Conditions, the relevant parties to the dispute must act in good faith to negotiate a resolution to the dispute before commencing any legal proceedings.
35. The Competition is void where prohibited or restricted by any applicable law.
36. The Competition, including these Terms and Conditions, is governed by the laws of the State of New South Wales, Australia. Any legal proceedings arising out of or in connection with the Competition and/or these Terms and Conditions must be brought in a court of competent jurisdiction in the State of New South Wales, Australia.