Melbourne Cup Carnival 2015 Pin & Win promotion

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1 TERMS AND CONDITIONS OF ENTRY FOR THE MELBOURNE CUP CARNIVAL 2015 PIN & WIN PROMOTION ("Promotion") VICTORIA RACING CLUB LIMITED ( Promoter ) Promotion Period: 12 September November 2015 HOW TO ENTER 1. Purchase an EMIRATES MELBOURNE CUP 2015 LAPEL PIN ( Pin ) during the Promotion Period. 2. Enter via SMS OR via the Internet: To enter via SMS (SMS Entry): Send an SMS with your unique entry code, and your full name and address to Max SMS cost 55c (inc. GST). Example Entry: [UNIQUE CODE] John Smith 12 Blake St Tumut 2200 OR To enter via the Internet (INTERNET Entry): Go to flemington.com.au/pinandwin and complete the online entry form including your unique entry code. 3. The Major Prize is a 2015 Lexus NX200t AWD F Sport (white) valued at up to $73,146 (inc. GST). Second Prize is 1 Million Skywards Miles from Emirates Airline valued at up to $50,000 (excludes airport taxes). Third Prize is a DoubleTree by Hilton Cairns package for two (2) people valued at up to $8,000 (inc. GST); and Fourth Prize is a TCL Entertainment Package valued at $5198 (inc. GST). 4. The Promotion Period commences at 12.01am AEST on 12 September 2015 and concludes at 2.00pm AEDT on 07 November All entries received during the Promotion Period go into the prize draw, which will take place at 2.30pm AEDT on 07 November 2015 at Prime Focus, Suite 403 / 62 Beach Street Port Melbourne VIC There are two Pins available as a Qualifying Purchase: a $5 Pin and a $10 Pin. 6. The purchase of a $5 Pin will provide one (1) entry into the Competition. The purchase of a $10 Pin will provide two (2) entries into the Competition. The number of entries will be linked to the unique code and automatically registered via the entry process. ENTRY REQUIREMENTS YOU MUST RETAIN ONE EMIRATES MELBOURNE CUP 2015 LAPEL PIN PER ENTRY TO CLAIM A PRIZE IF WON. Each entry must be associated with a Qualifying Purchase (see condition 10 below). Each entry must be lodged by validating the unique entry code provided on the Pin & Win backing card. SMS Service Provider: Prime Focus Enterprises. SMS Helpline Only: Entrants who do not have premium phone line SMS enabled on their mobile phone will not be able to enter by SMS. Any costs associated with accessing the Promotion Internet site are the entrant s responsibility and are dependent on the Internet service provider used. SMS Entries - Limit of five (5) entries per mobile phone number per day and a maximum of 50 entries over the Promotion Period. INTERNET Entries - Limit of five (5) entries per household per day and a maximum of 50 entries over the Promotion Period. Limit of one (1) prize per mobile number and per household (except for SA residents). This promotion is not being conducted in WA. CONDITIONS OF ENTRY 1. Information on How to Enter and prizes form part of these Conditions of Entry. 2. Entry into this promotion is deemed to be acceptance of these Conditions of Entry. 3. All Entrants acknowledge that the Promoter can rely on these Conditions of Entry. If an Entrant selected as a winner is found to be in breach of these Conditions of Entry, a new winner may be selected and, in the event that the Entrant in breach has been awarded a Prize, the Entrant may be required to return the Prize or reimburse the value of the Prize to the Promoter. 4. The Promoter s decision in relation to any aspect of this Promotion is final and no correspondence will be entered into. 5. All references to times and dates are to times and dates in Melbourne, which may be Australian Eastern Standard Time (AEST) or Australian Eastern Daylight Time (AEDT), depending on the date. All times are stated using the 12-hour clock. 12 pm is noon and 12 am is midnight. All monetary amounts stated are in Australian dollars and include GST unless stated otherwise. All 1

2 prize values represent the recommended retail price (or equivalent value for prizes not normally available for retail sale). KEY DATES 6. Promotion Period commences at 12.01am on 12 September 2015 and concludes at 2.00pm on 07 November PRIZE DRAW: The electronic prize draw will take place at 2.30pm on 07 November 2015 at Prime Focus, Suite 403 / 62 Beach Street Port Melbourne VIC Winners will be notified by phone and in writing. Details (initial, surname and postcode) of prize winners will be published in The Australian on 20 November 2015 and listed on the Internet site flemington.com.au/pinandwin 8. PRIZE RE-DRAW: The Promoter may conduct such further draws at the same place as the original draw as are necessary from all entries received during the course of the promotion on 22 February 2016 at 12 noon in order to distribute any prize(s) unclaimed by that date, subject to any directions from State and Territory Gaming Departments ( Re-Draw ). The Re-Draw winner(s), if any, will be contacted by phone and in writing. Details (initial, surname and postcode) of the Re-Draw winner(s), if any, will be published in The Australian on 17 March If the Major Prize is awarded via the Re-Draw the winner must redeem the prize in full within six (6) weeks of being successfully notified and validated. ENTRY DETAILS 9. The Promotion is only open to Eligible Entrants, being individuals who are: (i) residents of Australia (excluding residents of WA); (ii) over 18 years of age at the commencement of the Promotion Period; (iii) not employees, directors or other representatives of the Promoter (Victoria Racing Club Limited) or of any beneficiary of the Promotion; (iv) not involved in the conduct of the Promotion or provision of prizes, or in a position where they may be so involved or able to influence (directly or indirectly) the conduct of the Promotion (including, without limitation, directors or executives of sponsors or retail partners, or individuals involved in the sale or handling of Pins or entries); and (v) not a spouse, defacto spouse, parent, child or sibling (whether biological or by adoption) of, or member of the same household as, a person described in paragraph (iii) or paragraph (iv). HOW TO ENTER 10. To enter the Promotion, Eligible Entrants must purchase an EMIRATES MELBOURNE CUP 2015 LAPEL PIN ( Pin ), or redeem a purchase made via Ticketek by presenting a Ticketek voucher to a nominated Pin & Win seller at Flemington, during the Promotion Period ( Qualifying Purchase ). Eligible Entrants may enter via SMS OR via the Internet as follows: I. To enter via SMS ( SMS Entry ): Eligible Entrants must send an SMS with the unique code located on the Pin backing card, and their full name and address to Max SMS cost 55c (inc GST). Example Entry: [UNIQUE CODE] John Smith 12 Blake St Tumut 2200; OR II. To enter via the Internet ( INTERNET entry ): Eligible Entrants must log on to flemington.com.au/pinandwin and fully complete the online entry form including the unique entry code. 11. Multiple entries will be accepted subject to the following conditions: SMS Entries - there is a limit of five (5) entries per mobile phone number per day and a maximum of 50 entries over the promotion period. INTERNET Entries - there is a limit of five (5) entries per household per day and a maximum of 50 entries over the promotion period. 12. 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 to disqualify any entrant who submits an entry that is not in accordance with these Conditions of Entry or who tampers with the entry process. Identification considered suitable for verification is at the discretion of the Promoter. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 13. Entrants who enter using multiple mobile phone numbers or addresses will be disqualified. 14. The use of any automated entry software or any other mechanism or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid. The Promoter may, in its sole discretion, disqualify all entries from, and prohibit 2

3 further participation in this Promotion by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the Promotion or acts in violation of these conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person. 15. No responsibility is accepted for lost, late or misdirected entries. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the entrant. 16. Incomplete, indecipherable or illegible entries will be deemed invalid SMS ENTRIES 17. For an SMS Entry to be valid: (i) it must be sent from an SMS-enabled mobile handset that is connected to a service provider and service plan (if applicable) that permits the Eligible Entrant to send SMS to premium SMS numbers; (ii) it must be identifiable by an MSISDN (unique mobile SIM number); (iii) the Eligible Entrant submitting the SMS Entry must have the bill payer's permission to enter the Promotion prior to submitting their SMS Entry; and (iv) it must include the Eligible Entrant's full name and address. SMS entries sent via the internet are ineligible. Some handsets are incompatible and some service providers and / or some service plans do not permit premium SMS. Entrants should check with their network service provider to see if their mobile phone is compatible. 18. SMS entries via the Internet are not valid and will not be accepted. The cost of sending an SMS message is the entrant s responsibility. 19. A message will be sent back to the entrant s mobile phone (SMS Entry) to let them know if they have submitted a valid entry. Response times may vary and are subject to network coverage and availability, the number of entries received by the Promoter, the available memory of the SIM card inside the entrant s mobile phone and other technical factors. 21. Any contact details incorrectly entered on the Internet site may invalidate the relevant entry, at the Promoter s discretion. 22. A message will appear online (INTERNET Entry) to let entrants know if they have submitted a valid entry. Response times may vary and are subject to network coverage and availability, the number of entries received by the Promoter and other technical factors. PRIZE DETAILS 23. Only one (1) prize may be awarded per winning mobile number and per household (except in the case of South Australian residents). 24. Provisional winners, within seven (7) days of being successfully notified and being asked to do so (and at no cost to the entrant), must provide to the Promoter with all EMIRATES MELBOURNE CUP 2015 LAPEL PINS relating to all entries submitted by the Eligible Entrant into the draw. Failure to provide these to the Promoter upon request may result in all of the provisional winner s entries being deemed invalid. The Promoter recommends that the winner send their EMIRATES MELBOURNE CUP 2015 LAPEL PINS via registered post to ensure validation; however, this manner of delivery is not a condition of claiming a prize. 25. With regard to SMS and INTERNET Entries, the prize will be awarded to the person whose name appears in the entry, regardless of who holds the phone or internet account, or is the owner of any equipment, used to submit the entry. MAJOR PRIZE 26. The first valid entry drawn from all entries submitted during the Promotion Period will win a 2015 Lexus NX 200t AWD F Sport, which features a 175kW, 2.0 litre turbo engine, with six speed automatic transmission. Also includes 18 inch F Sport alloy wheels, Drive Mode Select, F Sport front bumper and mesh grille, Adaptive Variable Suspension, 4.2" TFT Multi-Information Display, LED Daytime Running Lamps (DRL), Reversing Camera, 8 SRS airbags, Stop & Start system, Hill-start Assist Control, and Power back door. INTERNET ENTRIES 20. Any costs associated with accessing the Promotion Internet site are the entrant s responsibility and are dependent on the internet service provider used. Eligible Entrants must submit their entries manually using an internet browser. The vehicle is valued at approximately $73, This includes 12 months registration, 12 months compulsory third party insurance, dealer delivery, stamp duty, LCT and GST. The following important conditions apply: 3

4 Additional insurance, additional options, petrol and all other ancillary costs are the responsibility of the winner. No colour choice available, the vehicle to be awarded is white. To the fullest extent permitted by law, the Promoter takes no responsibility for any mechanical, body or paint repairs from the date and time of collection of the Vehicle. The prize winner must have a current Australian driver's licence or the car will be registered in the name of a person nominated by the winner who holds a current Australian driver's licence. In the event that the winner, through any legal incapacity or otherwise, is incapable of obtaining motor vehicle registration of the Vehicle in his or her name in accordance with the applicable legislation in the State or Territory in which the Vehicle is collected, the Promoter may allow the winner to assign the Vehicle to another person with legal capacity for the purpose of registration. The Vehicle must be registered prior to collection. It is a condition of entry that the winner provides the Promoter with certified copies of all documentation required by the Promoter before the car is handed over to the winner. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form to be determined by the Promoter at its discretion. The dealership will be in the winner's nearest capital city and the winner will be responsible for any expenses incurred in getting to and from an authorised Lexus dealership to collect the prize. The prize must be redeemed in full by 31 December For delivery, please allow approximately 1 month from the date of winning. Lexus and its dealers will not provide a substitute model on request or exchange the Vehicle for cash. Any number plate details used in the promotion of the competition are representational only. SECOND PRIZE 27. The second valid entry drawn will receive 1 Million Skywards Miles with a value of up to $50,000 (excludes airport taxes). The following important conditions apply: Emirates Skywards rewards and reward flights are subject to Emirates Skywards Programme Rules - see Taxes and fees related to rewards and reward flights are the responsibility of the traveller. Miles cannot be redeemed for cash. Miles must be redeemed within 3 years of being credited to the Emirates Skywards account and flights are subject to availability at time of booking. Emirates Skywards and its marketing partners reserve the right to retain the name and contact information of the winner of the prize and the right to publish the name and photograph of the prize winner for promotional purposes. MINOR PRIZES 28. The third valid entry drawn from all entries during the Promotion Period will win a DoubleTree by Hilton Cairns Package for two valued at up to $8,000 (depending on the prizewinner s permanent place of residence), including: Seven nights accommodation in a One Bedroom Waterview Suite Return economy class airfares for two adults to Cairns Airport, departing from the capital city closest to where the prizewinner permanently resides in Australia. If the prizewinner resides within 300 km or a 4 hour drive of Cairns Airport, flights are not included and the prizewinner will be responsible for making their own way to the accommodation, at their own expense Daily breakfast for two One bottle of French Champagne Daily internet service Parking for self-hired car 2 x Dinner for two in Atrium restaurant including fine wines Waterfront dining dinner for two at Mondo Café Bar & Grill. The following important conditions apply: Package is valid for 12 months from 07 November All bookings must be made at least 30 days prior and accommodation is subject to availability. All other costs, including (without limitation) all other transfers (including transport to and from the departure point and from the airport to accommodation whilst in Cairns), additional spending money, meals (other than those specified above), taxes, insurances, passports, visas and incidental accommodation costs (including mini-bar, room service, phone, internet etc) are the responsibility of the prizewinner. Notice of intent to travel must be received by the Promoter at least 30 days prior to proposed travel dates. The prize cannot be taken during gazetted school holiday periods in any Australian State or Territory. The trip is subject to booking and flight availability and conditional travel periods specified. 4

5 All components of the prize must be taken together by the prizewinner or otherwise are deemed forfeited. The itinerary is to be determined by the Promoter in its absolute discretion. The prize must be taken as offered: no correspondence will be entered into. Once tickets have been arranged by the Promoter, any changes to the travel or accommodation arrangements will be at the expense of the prizewinner. 29. The fourth valid entry drawn from all entries during the Promotion period will win one TCL Electronics package valued at $5,198 inc GST comprising: 1 x 65 Ultra High Definition Curved Smart 3D TV valued at $ x 58 Ultra High Definition Smart 3D TV with Wide Colour Enhancer valued at $1899 FURTHER PRIZE INFORMATION AND CONDITIONS 30. The total prize pool is valued at up to $136, If, for any reason, a winner does not redeem an element of the prize at the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited and will not be redrawn or otherwise awarded. 32. Unless expressly stated otherwise within these Conditions of Entry, all other expenses become the responsibility of the winner. 33. If any part of a prize is no longer capable of being redeemed, the winner will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter), subject to the approval of the relevant regulatory gaming authorities where required. 34. The Promoter is neither responsible nor liable for any change in prize value of the prizes occurring between 1 July 2015 and the date the prizes are claimed. 35. Where relevant, the winner should look to the manufacturers of products awarded as prizes for all warranty claims. 36. Unless otherwise specified, each prize will be delivered to the residential address as identified by the relevant prize winner. 37. Prizes, and the unused portion of prizes, are not transferable or exchangeable and cannot be redeemed for cash. Where a prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter, subject to the approval of the respective regulatory gaming authorities where required. 38. The prize winners must, at the Promoter s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to the Promoter using their name and image in promotional material in a manner and at such times as the Promoter may determine in its absolute discretion. 39. The Promoter reserves the right to conduct a security verification check at its absolute discretion. Prize winners may be required to sign a declaration confirming their eligibility to accept the prize. 40. It is a condition of entry into the Promotion that prize winners and their traveling companions (in the case of travel and/or accommodation prize) may be required to sign an agreement incorporating certain releases and indemnities ( Participation Agreement ) in the form required by the Promoter to accept the prize. Failure to return the signed Participation Agreement will result in entitlement to the relevant prize being forfeited. 41. Neither the Promoter nor any of its associated agencies or companies will be liable for any loss (including, without limitation, indirect or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person s negligence) in connection with this Promotion or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). 42. The Promoter accepts no responsibility for any tax liabilities or other implications that may arise from the prize winnings. Independent financial advice should be sought by winners. 43. Promotion materials are void if stolen, forged, mutilated or tampered with in any way. 44. Confirmation of printing errors and other quality control matters will not be used as a reason for refusing payment of prizes. 45. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications failure, theft or destruction or 5

6 unauthorized access to, or alteration of entries. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, mobile communications network, computer online systems, servers or providers, computer equipment, software, failure of any or entry to be received by the Promoter on account of technical problems or traffic congestion on the internet or at any Internet site, or any combination thereof, including any injury or damage to a participant's or any other person's computer related to or resulting from participation or downloading any materials in this Promotion. The Promoter reserves the right to take any action that may be available. participation) in the Promotion or the entrant s presence at Flemington Racecourse may be relevant. 50. The Promoter is Victoria Racing Club Limited ABN of 448 Epsom Rd, Flemington VIC Authorised under Permit Numbers NSW LTPS/15/05053, SA T15/1133 & TP 15/ If, for any reason, this Promotion is not capable of running as planned (including, but not limited to, technical failures, unauthorised intervention, fraud or any other causes beyond the control of the Promoter 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 tampers with the entry process, and, subject to any written directions given by the various regulatory gaming authorities, to cancel, terminate, modify or suspend the Promotion. 47. CAUTION: Any attempt to deliberately undermine the legitimate operation of this promotion may be a violation of criminal and civil laws. Should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. PERSONAL INFORMATION 48. All entries become the property of the Promoter when received by the Promoter. The information from the entries is being collected by the Promoter to enable it to contact the potential winner and may be provided to the Promoter s partners to enable delivery of relevant prizes. If the entrant opts in, the Promoter may use the entrant's personal details for future promotional, marketing and publicity purposes. If an entrant opts in, their personal details will be stored at the office of the Promoter and a request to access, update or correct any information can be made by contacting the Promoter at their address set out below. Should a participant's contact details change during the Promotion Period, it is the participant's responsibility to notify the Promoter. 49. Without limiting the Promoter s rights and obligations under applicable privacy legislation, the Promoter may disclose personal information collected in relation to the Promotion for the purposes of assisting in any stewards inquiry or other lawful investigation to which the entrant s participation (or attempted 6

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