Win a Helicopter Flight to Lunch on Us!
TERMS AND CONDITIONS
The promoter of this competition is UPSTATE (Australia) Pty Ltd (ABN 98001323691) of Level 1, Suite 15, 888 Pittwater Road, Dee Why, NSW 2099, T +61 02 9971 9000 (“The Promoter”).
Please note the information on how to enter form part of these terms of entry. By entering the competition, it is assumed that you accept these terms and conditions.
(a) Entry is open to residents of NSW Australia only, who are aged 18 years and over, excluding our employees (and their immediate families) and officers or any agency associated with the promotion of the Competition and their immediate families. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
(b) The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
(c) A breach of this clause 1 will mean you will not be eligible to win any prizes.
- HOW TO ENTER
A person may enter the Competition by:
(a) Following the @my_upstate Instagram account
(b) Limit of one (1) entry per person during the Promotion Period. In the case of multiple entries, only the first eligible entry will be considered.
(c) Entries must be received no later than the end of the Promotion Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. Unless otherwise set out herein, no communication or correspondence will be exchanged with entrants except with those selected as a potential Winner.
(d) Entries are deemed to be received at the time of receipt into the Promoter’s database. We cannot be responsible for receipt of incorrect, inaccurate or incomplete information either caused by website users or by any of the equipment or programming associated or utilised in this competition, or by any technical error that may occur in the course of administration of this Promotion.
(e) If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant
- PROMOTION PERIOD
(a) The promotion begins 31/07/2019 and close at 11:59 pm AEDST on 12/09/2019 (“Promotional Period”) after which time the promotion will be closed and no further entries will be accepted.
(b) Winner will be notified on or about 12/09/2019 at 11:00am AEST. The draw will take place at Handling Matters, 40, 1-5 Thew Parade, Cromer NSW 2099 whereby one (1) entrant will be selected by a random draw from all eligible entries received during the Promotion Period. The draw will take place in the presence of an independent scrutineer. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
(c) The winner will be notified by telephone and/or email within two (2) business days of the draw and their name will be published @my_upstate no latter than September 16, 2019 at 3:00pm AEDST.
(d) Upon notification, the selected entrant must respond by telephone or e-mail (as specified in the notification) to the contact number or e-mail address provided no later than the indicated deadline set out in the Promotion Rules and/or the notification. If the selected entrant does not respond accordingly, he/she will be disqualified and will not receive the Prize and another entrant may be selected in the Promoters’ sole discretion until such time as an entrant satisfies the terms set out herein. The Promoters are not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Promoters to receive a selected entrant’s response.
(e) If, as a result of an error relating to the entry process, drawing or any other aspect of the Promotion, there are more selected entrants than contemplated in these Promotion Rules, there will be a random draw amongst all eligible Prize claimants after the Promotion’s closing date to award the correct number of Prizes.
(f) If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
- YOUR OBLIGATIONS
You agree to comply at all times with our reasonable directions and all applicable laws in relation to the Competition.
(a) There is one (1) prize (the “Prize”) available to be won by the first valid entry drawn (the “Winner”), which shall include:
- One (1) gift certificate valued at five hundred Australian dollars (AUD$500) to Bells at Killcare;
- Round-trip helicopter transportation with Brett Sandvos (the “Helicopter Owner”), for the Winner and three (3) guests (the “Guests”), to and from (a nominated pick up and landing site on the northern beaches of Sydney)
(b) The Winner will be drawn through random selection and the winner must provide us with a mailing address for the delivery of the prize.
(c) We cannot warrant that delivery of the Prize will occur on a specified date.
(d) We are further not liable for the non-receipt of a Prize for any reason. Prizes returned to us unclaimed may be distributed or retained by us in our sole discretion.
(e) The Prize will be emailed to the winner within 5 days of the date of us receiving their email address.
(f) Prize is not transferable or exchangeable and cannot be taken as cash. It cannot be resold, or offered for resale at a premium (via online sites) or used for advertising, promotion or commercial purposes. If the Prize is sold, we reserve the right to withdraw the Prize.
(g) The Prize is not valid in conjunction with any other offer.
(h) By accepting the Prize, you agree to comply with all conditions of use of the Prize, and to participate in and cooperate as required with all reasonable marketing activities relating to the prize.
(i) We reserve the right to request the winner to provide proof of age and identity. Identification considered suitable for verification is at our discretion.
(j) The Prize has an approximate value of five thousand four hundred and fifty dollars (AUD$5,450.00).
(k) The Promoters and/or the Promoters’ representatives will contact the Winner to coordinate the provision of the Prize within three (3) days once such Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein.
- PRIZE CONDITIONS
(a) Bookings and/or reservations to redeem the prize is subject to availability at time of booking, and must be made on available days Fridays, Saturdays & Sundays. Winner and his/her Guest(s) must be available to participate in the Helicopter Ride before October 30, 2019. Should Winner and/or Guest be unable to participate on the dates and times designated by the Promoters, the Prize will be forfeited and may be awarded to an alternate winner.
(b) The Winner and his/her Guest(s) will be responsible for any expenses not explicitly included in the Prize including but not limited to any excess costs above and beyond the value of the Prize.
(c) Guests must be (i) be 18 years or over and a legal resident of NSW Australia; and (ii) comply with the Promotion Rules and sign and return the Release (described in Section 10 below).
(d) Any unused, unclaimed or declined portion of the Prize will be forfeited, have no cash value and the Promoters shall have no obligation to provide either an alternative or value-in-kind. The Promoters reserve the right, in their sole discretion, to substitute a prize of equal or greater value if the Prize (or any portion thereof) cannot be awarded for any reason.
(e) Any cost associated with accessing the Instagram account is the entrant’s responsibility and is dependent on the Internet service provider used.
(f) As a condition of accepting the Prize, the Winner (and Guest(s)) must sign any legal documentation from the Promoter and/or the prize supplier, including but not limited to a legal release and indemnity form. If the Winner (and Guest(s)) do not sign this agreement, we do reserve the right to redraw the Prize or reissue the prize as we see fit.
- YOUR WARRANTY
For the purposes of the Competition, you represent and warrant to us that you are fit, healthy and able to participate in the activities under the Prize, and you agree to fulfil your obligations as set out under these terms and conditions. If you are unsure, we suggest you seek confirmation from your General Practitioner. We cannot take any liability for your failure to ensure you are fit, healthy and able to participate in the events.
(a) If for any reason, this Competition is not capable of running as planned, including but not limited to weather events, tampering, equipment malfunction, technical failures, unauthorised intervention, fraud or any other causes beyond our control which corrupts or affect the administration, security, fairness, integrity or proper conduct of this Competition, we as the Promoters reserve the right in our sole discretion to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the Competition.
(b) With the exception of liability that cannot be excluded by Australia Law, The Promoter and our officers, employees and agents exclude all liability (including negligence or acts of omissions) for any personal injury or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the Competition, including, but not limited to, where arising out of the following:
- the arrangement for the supply, or the supply of goods or services by any person to the Prize winners and, where applicable to any persons accompanying the Prize winners;
- any theft, unauthorised access or third party interference;
- 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 control of the Promoter;
- variation in prize value to that stated in these terms and conditions;
- any tax liability incurred by a winner or entrant;
- participation in the Competition; and/or
- redemption and/or use of a Prize.
(c) The Promoter makes no representations or warranties as to the quality, suitability or merchantability of any goods or services offered as part of the Promotion.
(d) To the fullest extent permitted by law, any liability of us or our officers, employees or agents for breach of any such rights is limited to the payment of the costs of having the Prize supplied again.
(a) Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photographs, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. If the entrant is not willing for this to occur the entrant cannot participate in the Promotion.
Potential Winner and Guest(s) will be required to sign and execute a legal agreement and release (“Release”) that confirms potential Winner’s and Guest’s:
- eligibility for the Promotion and compliance with these Promotion Rules;
- (ii) acceptance of the Prize as offered;
- (iii) release of each of the Promoters and each of their employees, directors, officers, suppliers, agents, promoters, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, costs or expenses arising out of participation in the Promotion, participation in any Promotion-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and
- (iv) grant to the Promoters of the unrestricted right, in the Promoters’ collective or individual discretion, to produce, reproduce, display, publish, post, serve, broadcast, exhibit, distribute, adapt and otherwise use or re-use the Winner’s and Guest’s name, statements, image, likeness, voice, and biography, in any and all media now known or hereafter devised, in connection with the Promotion and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of the date indicated on the notification call and/or the accompanying letter of notification, or the selected entrant will be disqualified and the Prize forfeited.
The Promoters reserve the right, in their sole discretion, to disqualify any entrant found to be: (a) violating the Promotion Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Promotion and/or the Promotion Microsite or any related promotional website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Upstate Group Pty Ltd property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass the Promoters or any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE PROMOTION MICROSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTERS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. Winner and Guest must at all times behave appropriately when taking part in the Prize and comply with the Promotion Rules and any other rules or regulations in force at any Prize-related locations. The Promoters reserve the right to remove from any Prize-related locations, any Winner and/or Guest who breaks such rules and/or fails to behave appropriately and to disqualify such Winner and/or Guest. Any disqualified Winner and/or Guest will forfeit any un-awarded elements of the Prize.
- SOCIAL MEDIA
This Promotion is in no way promoted, endorsed or administered by any social media platforms on which the Promotion may have been promoted and/or publicized. Any questions, comments or complaints regarding the Promotion must be directed to Upstate Group Pty Ltd.
- INDEMNIFICATION BY THE ENTRANT
By entering the Promotion, each entrant releases, indemnifies and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from (a) their participation in the Promotion or any Promotion-related activity; (b) the acceptance, use, or misuse of any Prize; or (c) any breach of the Promotion Rules. Each entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the entrant’s participation in the Promotion, without limitation.
- DISPUTES AND SURVIVAL
(a) Any queries regarding the Competition should be directed to firstname.lastname@example.org.
(b) The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.’
(c) Clause 7, 8, and 9 survive termination or expiry of these terms and conditions.
UPSTATE (Australia) Pty Ltd (ABN 98001323691) of Level 1, Suite 15, 888 Pittwater Road, Dee Why, NSW 2099
T +61 02 9971 9000
NSW PERMIT: LTPS/19/36449