1 Background1.1 The competition is a promotion conducted by the Promoter for the benefit of Entrants.1.2 By participating in the Promotion, Entrants may win prizes from the Promoter subject to these terms and conditionsbeing satisfied.2 Definition and InterpretationDefinitions2.1 In these terms and conditions unless the context otherwise requires:(a) Agreement: means these terms and conditions, any schedules or attachment to them, or any documentincorporated into them by reference.(b) Claim: includes any claim, action, demand, application, proceeding, judgment, enforcement hearing andenforcement order.(c) Confidential Information: means any information which by its nature is confidential, is received on theexpress or implied understanding that it is confidential or is marked as being confidential. ConfidentialInformation may include:i. information about processes and policies, commercial operations, financial arrangements or affairs; orii. records,but does not include:iii. information that is publicly known for reasons other than as a result of a breach of this Agreement; oriv. any other information that is received through a third party and which is not governed by an obligationof confidence.(d) Entrant: means any natural person residing in New South Wales or Victoria who lodges an entry into thePromotion.(e) Entry: Fill in the email subscription form on the VSC website during the promotional period.(f) Entry Period: Means from 8.00am on Monday, 8 June till 10.00pm AEST on Sunday, 4 August.(g) Excluded Person: means any person who is:i. not an Australian resident;ii. an employee, agent or officer of the Promoter; oriii. under 18 years of age.iv. Someone who resides outside of QLD(h) Force Majeure Event: means any event beyond the reasonable control of the Promoter which:i. adversely affects that party’s ability to meet any obligation under this Agreement; andii. could not be mitigated or prevented by reasonable due diligence or precautionary measures adoptedby the Promoter,and may include natural disasters or acts or god, health pandemics, acts of terrorism, deliberate vandalism,riots, civil disturbance, industrial disputes and strikes (other than strikes involving the affected party or itsemployees, officers, agents, contractors or sub-contractors).(i) Intellectual Property: means all registered and unregistered rights in Australia and throughout the worldfor:i. copyright;ii. trademarks or service marks;iii. designs;iv. patents;v. semiconductors or circuit layouts;vi. source codes and object codes;PromotionsTerms and Conditionsvii. trade, business or company names;viii. indications of source or appellations of origin;ix. trade secrets;x. know-how and Confidential Information;xi. the rights to registration of any of the above; andxii. the right to bring an action for infringement of any of the above;but excludes Moral Rights.(j) Loss: includes (and is not limited to) any loss, liability, tax, prohibition, penalty, fine or expense.(k) Moral Rights: means the moral rights conferred under the Copyright Act 1968 (Cth), including the right ofintegrity of authorship, the right of attribution of authorship and the right not to have authorship falselyattributed.(l) Personal Information: has the meaning given to it in the Promoter’s Privacy Policy.(m) Privacy Policy: means the Privacy Policy (as amended from time to time) which can be found athttps://www.visitsunshinecoast.com/Footer-items/Terms-and-conditions.(n) Prize one: There are two prizes as part of the promotion. The “Couples Prize” contains a three-night stay ina 1 bedroom waterview room at Monaco Caloundra ((excludes peak periods, not redeemable for cash, notrefundable, must be booked in consecutive days and only available outside of any other offers)), twoIntroductory Flight 30 Min + HD footage with Go Fly Aviation and a $100 dinner and drinks voucher atParklands Tavern (All prizes are valid for one year following the announcement of the prize on Thursday 8August at 3:00pm.)(o) Prize Two: the “Family Prize” includes 3 nights’ accommodation in a premium 2 bedroom resort apartmentat Rumba Resort ((excludes peak periods, not redeemable for cash, not refundable, must be booked inconsecutive days and only available outside of any other offers)), 2 hours on the 11-Seater BBQ PontoonBoat with Bills Boat Hire and a $100 dinner and drinks voucher at Parklands Tavern. (All prizes are valid forone year following the announcement of the prize on Thursday 8 August at 3:00pm.)(p) Promoter: Means Caloundra Chamber of Commerce and Industry INC. ABN 49 271 880 859 trading asCaloundra Chamber of Commerce and having it’s principal place of business at lvl 1 74 Bulcock Street,Caloundra 4551 (Phone: 07 5492 5977).(q) Promotion: means the promotion, subscription or competition that is run by the Promoter under these termsand conditions.2.2 Under these terms and conditions unless the context otherwise requires:(a) words importing a gender include any other gender;(b) words in the singular include the plural and vice versa;(c) all dollar amounts refer to Australian currency;(d) a reference to any legislation includes any subordinate legislation made under it and any legislationamending, consolidating or replacing it;(e) a reference to an individual or person includes a corporation or other legal entity;(f) a reference to “consent” means prior written consent;(g) clause headings have been included for convenience only and are not intended to affect the meaning orinterpretation of this Agreement;(h) if any expression is defined, other grammatical forms of that expression will have corresponding meanings;and(i) if a party includes two or more persons, this Agreement will bind them jointly and each of them severally; and(j) any reference to ‘notice’ means written notice.3 Conditions for Entry3.1 Entrants will be eligible to enter the Promotion when all of the following conditions are satisfied:(a) they are not an Excluded Person;(b) they lodge their Entry via ; and(c) their Entry complies with these terms and conditions.3.2 By submitting an Entry, the Entrant agrees to be bound by the terms and conditions that apply to this Promotion.4 PromotionHow to Enter4.1 Entrants must submit their Entry during the Entry Period by submitting an Entry.4.2 Although Entry into the Promotion is free, Entrants are responsible for:(a) all telephone and internet charges they incur when submitting their Entry; or(b) if they win a prize, any additional costs incurred by them as a consequence of them redeeming their prize.4.3 Entries are limited to one Entry for each Entrant.Winners4.4 Winners will be selected at random from within the pool of entrants.4.5 Winners will be selected and announced by the Promoter at 3.00pm, three business days after the Entry Periodexpires.4.6 There is no requirement for Entrants to be present for the announcement.4.7 Upon the winners being chosen, the Promoter will:(a) notify each winner within three business days of their Entry being selected; and4.8 Any notification to which clause 4.7 will include information as to how any Prizes can be redeemed by teach winnerand are subject to each winner demonstrating to the Promoter that they satisfy requirements for eligibility imposedunder these terms and conditions.Prizes4.9 The total prize pool value for the Promotion is $2488 Australian Dollars | Family Prize ($1320) | Couples prize($1168).4.10 The Promotion will involve a selection of a maximum of one winner per prize and subject to these terms andconditions, each winner will receive a Prize.4.11 Prizes are strictly awarded on the basis that:(a) they are not redeemable as cash;(b) they are not refundable;(c) any unused portion of the Prize will not be refunded or credited.4.12 This family prize is for two (2) adults and two (2) children.4.13 The couples prize is for two (2) adults only.4.14 Holiday prizes are subject to terms and conditions of the respective business operator and is to be redeemed by 8August 2020 - some blackout dates including school holidays and public holidays apply (enquire with the respectiveoperator in advance).Unclaimed Prizes4.15 If any winner does not claim their prize within 28 days them being selected, the Promoter (at its absolute discretion)reserves the right to:(a) re-award that prize on substantially the same terms as those contained in clauses Error! Reference sourcenot found.-4.8; or(b) to not re-award the Prize at all.5 Intellectual Property5.1 To the fullest extent permitted by law, all Intellectual Property subsisting in any material that is:(a) connected with the Promotion; or(b) disclosed by the Entrant under these terms and conditions,vests in or is assigned to to the Promotor upon each Entry into the Promotion being lodged.5.2 Entrants must not publish, adapt, distribute to third parties, amend or make any copy of any part of any materialwhich contains Intellectual Property belonging to the Promoter without the Promoter’s prior written consent.5.3 By conducting and entering this Promotion, Entrants warrant that they will not do anything that interferes with orbreaches the Intellectual Property rights of the Promoter or any third party.5.4 To the fullest extent permitted by law, the Entrant:(a) consents to the Promoter infringing any Moral Rights that subsist in any material it provides as part of thePromotion; and(b) indemnifies the Promoter from all direct, indirect or consequential Loss resulting from any Claim that arisesbecause of the Entrant’s breach of this clause 56 Confidential Information6.1 The Promoter must ensure that Confidential Information is kept confidential and is not disclosed to any personexcept:(a) to its employees, officers, agents, contractors and sub-contractors to the extent needed for the Promotion;(b) where disclosure is authorised or required by law; or(c) with the disclosing party’s consent.6.2 The Promoter must ensure that all Confidential Information is:(a) kept reasonably secure; and(b) only used for purposes for which it is originally disclosed.
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