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 within a 400km radius of the Sunshine Coast who lodges anentry into the Promotion.(e) Entry: Fill in the email subscription form on the VSC website during the promotional period.(f) Entry Period: means from 8.00am on 25 November till 10.00pm AEST on 15 December.(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.(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 adopted bythe 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 world for:i. copyright;ii. trademarks or service marks;iii. designs;iv. patents;v. semiconductors or circuit layouts;vi. source codes and object codes;vii. trade, business or company names;PromotionsTerms and Conditionsviii. 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: There is one 1 prize as part of the promotion. Those in our drive market (400km radius from the SunshineCoast) are eligible for the ‘Couples Prize’ which includes two (2) nights’ accommodation at Mantra MooloolabaBeach for two, a dinner for two at The Surf Club Mooloolaba to the value of $100 and two general admissiontickets to the Elton John Concert on Tuesday 3 March.(o) Promoter: means Visit Sunshine Coast Limited A.C.N. 144 749 719 trading as Visit Sunshine Coast andhaving it principal place of business at L3, 8 Maroochydore Rd, Maroochydore QLD 4558 (Phone: 07 54588800).(p) 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 legislation amending,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 ; andPromotionsTerms and Conditions(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 from a panel of judges chosen by the Promoter (at its discretion) based on their originality,creativity the requirements for eligibility imposed by these terms and conditions.4.5 Winners will be selected and announced by the Promoter at 3.00pm, two business days the Entry Period expires.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 two 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.
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