SMK AND SPLASHLAND - TERMS AND CONDITIONS

General

  1. Rules on how to enter form part of the terms and conditions of the Promotion.
  2. By participating in the Santa’s Magical Kingdom and Splashland ticket giveaway (the Promotion), you acknowledge that you have read, understood and agree to the Promotion terms and conditions.
  3. The promoter of the Promotion is Victoria Amateur Turf Club (incorporating Melbourne Racing Club) trading as Melbourne Racing Club of Gate 22, Station Street, Caulfield VIC 3162. ABN 96 267 203 634 (the Promoter).

Eligibility

  1. Entry in the Promotion is only open to residents of Australia excluding:
  • management, employees, directors and contractors of the Promoter, its related entities, and other agencies, firms or companies associated with the Promotion (including the prize supplier);
  • a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph 5(a) of these terms and conditions (including natural and non-natural relations (in the opinion of the Promoter)); and/or
  • persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter.
  1. The Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.

Entry Mechanic

  1. In order to gain entry into the Promotion (an Entry), an Eligible Entrant must comment on the Promoter’s Splashland Facebook page telling us why you would like to win the Prize.
  2. Each individual is only entitled to one Entry.
  3. The Promotion is open from 1:00 pm 16 November 2017 until 12:59pm 17 November 2017 (the Entry Period)
  4. The Promoter reserves the right, at any time, to verify the validity of Entries and entrants (including but not limited to entrant identity and location) and disqualify any entrant who submits an Entry that is not in accordance with these terms and conditions from being an Eligible Entrant.
  5. In particular any offensive of disparaging comments on the Promoter’s official Facebook Page will be deemed ineligible to constitute Entries into the Promotion. Determination is at the absolute discretion of the Promoter.

Prize and Prize Draw

  1. The Prizes is one (1) family pass to a session of (a) Santa’s Magical Kingdom and (b) Splashland and Caulfield Racecourse in 2017/2018.
  2. The Promoter will conduct a random electronic draw to determine the Prize winners and will contact each winner.
  3. The Prize winner will be announced and contacted on 17 November 2017.
  4. The Prize is non-transferable, non-exchangeable and not redeemable for cash. The Promoter reserves the right to substitute an alternative prize at its complete discretion. The Promoter accepts no responsibility for any variation in the value of the Prize. To the extent permitted by law: (a) the Promoter makes no representations or warranties as to the suitability of the prize; and (b) no compensation will be payable if, for any reason, a winner is unable to use the Prize as stated.
  5. The Prize cannot be sold, scalped, auctioned, raffled, pledged, or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If the Prize is obtained through any of these methods, it will not be honoured.

Miscellaneous

  1. Except for any liability that cannot be excluded under the Consumer Guarantees (as defined below) or other applicable law, the Promoter (including its officers, employees, members and agents) excludes all liability (including negligence), 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 Promotion, including, but not limited to, where arising out of the following: any technical difficulties or equipment malfunction (whether or not under the Promoter's control); 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 reasonable control of the Promoter; any variation in prize value to that stated in these terms and conditions; any tax liability incurred by any entrant; any prize(s); or participation in or use of the prize. In these terms and conditions, 'Consumer Guarantees' mean the consumer guarantees which apply to the supply of products or services under the Australian Consumer Law set out in Schedule 2 to the Promotion and Consumer Act 2010 (Cth), Australian Consumer Law and Fair Trading Act 2012 (Vic), as amended from time to time, or other similar legislation of a State or Territory of Australia.
  2. The personal information you have provided in your entry to the Promotion is collected, used and disclosed in accordance with the MRC Privacy Policy (available from https://cdn.racing.com/~/media/mrc/files/governance/general-and-racing/privacy-policy.pdf?la=en). The Promoter may use and disclose your personal information for the purposes of conducting and administrating the Promotion, awarding the Prize, and other related activities across Australia, including providing you with member services or promotional and marketing material, direct marketing, complying with its legal obligations or otherwise in accordance with the MRC Privacy Policy. The Promoter may share your personal information, including contact details, date of birth, gender, qualifications or communication history, with third parties to carry out functions and activities on the Promoter's behalf, including direct marketing, companies the Promoter engages to operate rewards/loyalty programs for MRC or otherwise in accordance with MRC's Privacy Policy. In certain circumstances, your information may be disclosed overseas. The MRC Privacy Policy contains information about how you may access and request correction of your personal information held by the Promoter or make a complaint about the handling of your personal information, and provides information about how a complaint will be dealt with by the Promoter. Your entry may be rejected if the information is not provided. If you do not wish to receive promotional material from the Promoter, the Promoter's sponsors or third parties you must advise us via email or telephone or via the specific opt-out procedures provided in the relevant communication.
  3. The Promoter, reserves the right to refuse any participation in the Promotion on the Race Day to anyone deemed to be displaying abusive language, displaying drunken or inappropriate behaviour or who otherwise has potential (in the Promoter’s absolute discretion) to in any way damage the brand, reputation or image of the Promoter or any of its sponsors.
  4. The Promoter reserves the right to disqualify any individual who tampers with the application process or who has breached these terms and conditions, and to cancel, terminate, modify or suspend the Promotion if deemed necessary. The Promoter shall much such determination in its absolute discretion.
  5. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought.
  6. To the fullest extent permitted by law, entrants release and will release the Promoter from all claims that the entrant may have or may have had but for this release arising from or in connection with the entrant's participation in the Promotion (including the Prize) and will indemnify and will keep indemnified the Promoter in respect of any claim by any person arising as a result of or in connection with the entrant's participation in the Promotion (including the Prize).
  7. In the event of war, terrorism, state of emergency, disaster or other circumstances beyond the control of the Promoter, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion.
  8. If for any reason this Promotion is not capable of running as planned (including but not limited to) infection by computer virus, bugs, tampering, unauthorised intervention, fraud, equine influenza, technical failures or any other causes beyond the control of the Promoter which corrupts or affect the administration security, fairness, integrity or proper conduct of this contest, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion.
  9. The Promoter accepts no responsibility for lost, misplaced or misdirected entries.
  10. These terms and conditions are governed by the laws of the State of Victoria and each entrant agrees to submit to the exclusive jurisdiction of the courts of Victoria.