Conditions of Entry
1. These Conditions of Entry incorporate and must be read together with the Schedule for this Promotion. The Schedule prevails to the extent of any inconsistency with these Conditions of Entry. By participating in this Promotion, via Instagram, Facebook and Twitter, each participant fully and unconditionally agrees and acknowledges that these terms and conditions are binding.
2. Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, except where stated otherwise.
3. This is a public promotion; entry to the Promotion is open to residents of the Relevant State/s who meet the Entry Restrictions (if any).
4. The Promotion will be conducted during the Promotion Period.
5. To enter the Promotion, entrants must complete the Entry Procedure during the Promotion Period.
6. Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form.
7. Entries must be received by the Promoter during the Promotion Period. Online or email entries are deemed to have been received at the time of receipt into the promotion database and not at the time of transmission by the entrant.
8. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Conditions of Entry. For the purposes of these content requirements, entry content includes any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion.
9. Incomplete and illegible entries will be deemed invalid. Entries will also be deemed invalid if they breach these Conditions of Entry as determined by the Promoter in its sole discretion or any other content guidelines notified by the Promoter during the Entry process for the Promotion.
10. In the event that an account with the Promoter is held in joint names, the Eligible Entrant will be the person first named on that account.
Determining and notifying winners
13. Winners will be notified as specified in the Schedule and their name and State/Territory of residence will be published in accordance with the Schedule.
14. The Prize(s) are specified in the Prize Details. The Prize(s) are subject to any restrictions specified in the Schedule. The total Prize pool is specified in the Schedule.
15. Prizes are not transferable, exchangeable, or redeemable for cash.
16. If a prize includes gift cards or vouchers, the gift cards or vouchers are only valid until the gift card or voucher expiry date specified on the gift cards or voucher or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not be liable for any gift card or voucher that has been lost, stolen, forged, damaged or tampered with in any way.
17. If a prize includes tickets, the tickets are only valid for the date or period specified on the tickets or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not be liable for any ticket that has been lost, stolen, forged, damaged or tampered with in any way.
18. Any additional costs incurred in claiming or redeeming the Prize (including, but not limited to travel and food) are the sole responsibility of the winner.
19. Prizes must be claimed by the Prize Claim Date in accordance with any claim instructions set out in the Schedule.
20. If a prize is not accepted or claimed by the Prize Claim Date, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to choose an alternate winner from the short listed entrants who will be notified by email.
Skill based Promotions
21. This Promotion is a Game of Skill; chance plays no part in determining the winner.
22. Entries must be the entrants original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrants original work. If an entry cannot be verified to the Promoters satisfaction, the entry will be deemed invalid.
23. An entrants entry must not include:
a. any image or voice of any other person without that persons express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person
b. any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
c. any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Conditions of Entry.
24. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrants entry.
25. The winning Entry will be determined to be the most original and imaginative from the shortlist of ten (which will be generated from the popular vote), as judged by a panel of judges appointed by the Promoter, and the Eligible Entrant(s) that submitted the winning Entry will be declared the winner. The judges decision will be final and no correspondence will be entered into. The judges, in their sole discretion, may not allocate any Prize(s), or fewer than the number of Prize(s) stated above (including in circumstances where insufficient Entries are received or Entries are judged to be of a poor standard).
26. In the event of similar or the same Entries being received from different Entrants, the Entry received first in time will be the only valid Entry.
27. By participating in this Promotion each participant grants the Promoter (Hamilton Island Enterprise Limited) a perpetual, non-exclusive, transferable, irrevocable, royalty-free, worldwide licence to use, reproduce, publish, distribute and disseminate all intellectual property rights in Entries that are capable of being assigned to the Promoter and consents to the Promoter and any other member of the Hamilton Island Enterprise Limited using, reproducing or editing and adapting any Entry, if the Promoter wishes, in broadcast, electronic and print media, newsletters, in the Promoter’s merchandising and related marketing activities in whole or in part without attributing that Entry to the person who created it.
28. The Promoter and its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) will be known as Hamilton Island Enterprises Limited.
30. The Winner may be liable to declare the Prize for taxation purposes and will be liable for any tax payable in respect of a Prize. Eligible Entrants should seek independent financial advice in relation to any tax payable on the Prize and the potential impact on their personal financial situation prior to entering the Promotion.
31. Except for guarantees, warranties and conditions implied by law which cannot be excluded, neither the Promoter nor any other member of Hamilton Island Enterprise Limited make any guarantees, representations or warranties, express or implied, regarding the quality or suitability of any prizes awarded under these terms and conditions.
32. Nothing in these terms and conditions is intended to exclude, restrict or modify any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Corporations Act 2001, the Competition and Consumer Act 2010, Australian Consumer Law or any equivalent State or Territory legislation. If any guarantee, warranty, term or conditions implied or imposed under the Australian Consumer Law or any other applicable legislation in relation to any prizes awarded under these terms and conditions cannot be excluded (a Non-Excludable Provision) and the Promoter is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability of the Promoter and all members of the Hamilton Island Enterprises Limited for breach of the Non-Excludable Provision is limited to one or more of the following at the Promoters option:
a. the replacement of the prize or the supply of an equivalent prize,
33. To the maximum extent permitted by law, the Promoter and all other members of the Hamilton Island Enterprises Limited expressly disclaim liability for any loss or damage whatsoever (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained in connection with any participants participation in this Promotion or the acceptance of any Prize. The Winner indemnifies the Promoter and all members of Hamilton Island Enterprises Limited against any liability, injury, loss or damage which may be suffered, incurred or sustained by the Promoter or any member Hamilton Island Enterprises Limited arising out of, relating to, or in any way connected with, any act or omission (including negligence) by the Winner, or its use of the Prize, or its breach of these terms and conditions.
34. If a Scrutineer is required by any relevant authority, representatives of Hamilton Island Enterprises Limited’s Legal Department have been appointed to confirm that the processes followed by the Promoter provide reasonable assurance that all persons who are entitled to participate in the Promotion are entered and that the Promotion is fair. In the event of a dispute those representatives will act as adjudicators and their decision will be final and no correspondence will be entered into.
35. Neither the Promoter nor any other member of Hamilton Island Enterprises Limited will be responsible for any problems or technical malfunction of any computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet.
36. If this Promotion is not capable of running as planned for any reason (including but not limited to failure or malfunction of any computer equipment by reason of infection by computer virus, power failure, bugs, tampering, unauthorized intervention, fraud, or technical failures or any other causes which corrupt or affect the administration security, fairness, integrity or proper conduct of this Promotion), the Promoter reserves the right in its sole discretion to disqualify any individual who undermines the integrity or fair running of the Promotion for other entrants, including by tampering with the entry process, and, after consulting with the relevant legislative authorities, to cancel, terminate, modify or suspend the Promotion.
37. Entrants on and by lodging their entries indemnify the Promoters, their directors, employees and agents against all claims, demands, proceedings, costs (including solicitors and own customer costs), expenses damages, awards, judgement and any other liability whatsoever wholly or partially arising directly or indirectly from the use of the entry provided, and without limiting the generality of the foregoing, indemnify each of them in relation to defamation, libel, slander of title, infringement of copyright, infringement of trade marks or names of publication titles, unfair competition, breach of trade practices, privacy or fair trading legislation, violation of rights of privacy or confidential information or licences or royalty rights or other intellectual property rights, and warrant that the entry complies with relevant laws and regulations and that its publication will not give rise to any claims against or liabilities in the Promoters, their directors, employees or agents, and without limited the generality of the foregoing, that nothing in the material lodged is in breach of the Trade Practices Act 1974 or the Copyright Act 1968 or the Fair Trading Act 1985 or the defamation, consumer protection and sale of goods legislation of the States and Territories or infringes the rights of any person.
38. By entering the competition and opting in entrants agree to receive marketing communications from Hamilton Island Enterprises Limited. Entrants can unsubscribe at any time using the unsubscribe prompts within the communication.