prize agreement

NEWMARKET STABLES USER AGREEMENT

Updated May 3, 2022

 

ACCEPTANCE OF TERMS & CONDITIONS

Welcome to Newmarket Stables!

AWAY TRIP PRIZE (T&C)

One person will WIN a trip for two to the Melbourne Cup including flights, accommodation and tickets to the event by simply subscribing on the website (newmarketstables.com) by 5pm Friday 30th September 2022 (AEST). Full Terms and Conditions of the giveaway are below.

1. Newmarket Stables – Trip Giveaway (“the Promotion”) is conducted by Newmarket Stables Pty Ltd of Southport, Gold Coast, Australia (“the Promoter”).

2. Entry into the Promotion constitutes acknowledgement and acceptance of these terms and conditions. Information on how to enter, all entry instructions, advertising material and prize information published by the Promoter form part of these terms and conditions.

3. To be eligible for entry into the Promotion a person must be an “Entrant”. An Entrant is any person who is a 2022 website membership subscriber, who is over the age of 18 years and subscribes and registers for membership for 2022, by 5pm Friday 30th September 2022 (AEST).

4. Each eligible Entrant will receive one (1) entry in the draw per membership held. For example, if an Entrant holds a membership for themselves and a family member (must be minimum 18+ years old), the Entrant is entitled to two entries in the draw. A minor is not permitted to participate in the draw. In the event that for any reason whatsoever a person/s mistakenly represents themselves to be of age 18+ and over, the Winner’s parent and/or legal guardian, of that person will be liable for all costs associated with relocating and/or re-awarding the prize (including but not limited to administrative fees incurred by the Promoter).

5. Employees or directors of the Promoter, immediate family members of any employee or director of the Promoter, any retailer, supplier, associated company or agency of the Promoter and any person who the Promoter has previously notified are not eligible to enter into the Promotion.

6. The Winner will receive two return flight tickets on a carrier nominated by the Promoter, one night accommodation in a twin room in an accommodation venue nominated by the Promoter, two tickets to 2022 Melbourne Cup. The offer will be for 6 nights accomodation.

7. Flights and accomodation costs are only for those travelling within Australia (and not overseas).

8. Entries to the Promotion that are not completed in accordance with these terms and conditions are void.

9. The Prize or any unused portion, are not transferable, exchangeable or redeemable for cash. The Promoter accepts no responsibility for any variation in the value of the prize. To the extent permitted by law, the Promoter makes no representations or warranties as to the quality, suitability, or merchantability of the Prize.

10. The Winner will be notified by email (and phone, if provided) and will be required to advise Newmarket Stables of their availability if chosen and persons travelling by the 7th October 2022 in writing.

11. The Promoter reserves the right, at any time, to verify the validity of entries. The Promoter reserves the right to verify the entrant’s identity particulars (including but not limited to an Entrant’s identity, age and place of residence). Proof of identification, age, residency and entry considered suitable for verification is at the discretion of the Promoter.

12. The Promoter reserves the right to refuse an entry for any reason at its sole discretion.

13. 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.

14. The Promoter reserves the right in its sole discretion to disqualify any individual who it has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct that may affect the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from any offender(s) are reserved. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

15. To the full extent permitted by law, the Promoter, the Promoter’s officers, employees and agents, the Promoter’s related companies and all those entities’ personnel exclude all liability for any loss (including any damage, claim, injury, cost or expense, including loss of opportunity) which is suffered or incurred by any individual in connection with the Promotion or prizes, including but not limited to: (i) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (ii) any theft, unauthorised access or third party interference; (iii) 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; (iv)any variation in prize value to that stated in these terms and conditions; (v)any tax liability incurred by the winner or entrant; (vi) any prize(s); or participation in or use of any prize(s). (vii) any direct, indirect, economic or consequential loss; (viii) any loss arising from negligence; (ix) any liability for personal injury or death. Nothing in these 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 States and Territories of Australia.

16. 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law, and subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion as appropriate.

17. The Promoter may at its discretion and without notice to the Entrant amend these Terms and Conditions of the Promotion.

18. The Promoter’s decision in relation to any aspect of the competition is final and binding on every Entrant. No correspondence will be entered into.

19. The Winner agrees to participate in or for their personal image, and testimonials to be used in the media, including but not limited to future promotional, marketing and publicity without any further reference, payment or other compensation (with approval).

20. All entries and entry details become the property of the Promoter. The Promoter may use the Winner’s personal details (including name, likeliness, image and/or voice) for any marketing and advertising (in any form of media) without compensation, unless the Winner advises the Promoter otherwise in writing to hello@newmarketstables.com before accepting the Prize. By entering the Promotion, unless the Promoter is otherwise advised, Entrants consent to the Promoter using their personal information, marketing and publicity purposes, and disclosing that information to its related entities and contractors for those purposes.

21. The Winner’s personal information may be disclosed to State and Territory lottery regulators as required by law. By entering the Promotion, unless the Promoter is otherwise advised, Entrants consent to the Promoter sending future marketing materials to Entrants including by electronic messages. Entrants may ask the Promoter to access that personal information and request that corrections be made to it.