TERMS AND CONDITIONS:
PROMOTIONAL PERIOD and PROMOTER 1. The “Win Beats Headphones” Promotion (the Promotion) commences at 10:00AM on Monday, 28 November 2016 and ends at 11:59PM on Saturday, 24 December 2016, or the date that all the Prizes are won, whichever is earlier (the Promotional Period). 2. The Promotion will be conducted at all Victorian venues, NSW venues, ACT venues and Queensland venues (each, a Participating Venue). 3. The Promoter of the Promotion at each Participating Venue:
(a) in Victoria, is Tabcorp Investments No. 5 Pty Ltd (ACN 105 341 366), (b) in NSW, is Keno (NSW) Pty Ltd (ACN 003 992 327); (c) in the Australian Capital Territory, is Tabcorp ACT Pty Ltd (ACN 167 957 002); and (d) in Queensland, is Keno (QLD) Pty Ltd (ACN 071 366 446),
each of, 5 Bowen Crescent, Melbourne Victoria 3004, (03) 9868 2100 (Promoter).
ELIGIBILITY 4. In order to participate in the Promotion, persons must be 18 years of age or over, an Australian resident, must NOT have been excluded (whether self-excluded or otherwise) from participation in the game of Keno or excluded from a Participating Venue and must satisfy the entry requirements stated in these terms and conditions (an Eligible Participant). 5. For the avoidance of doubt, people who purchase a Keno ticket online are not eligible to enter this Promotion. 6. By entering and/or participating in the Promotion, each Eligible Participant agrees to abide by these terms and conditions (Terms and Conditions). 7. Directors, management and employees of the Promoter or its related bodies corporate or any venue or any agencies associated with the Promotion, and all members of their respective immediate families are not eligible to enter the Promotion. For the purposes of these Terms and Conditions, “immediate family” means any of the following: spouse, exspouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, stepparent, brother, sister, step-brother or step-sister.
HOW TO ENTER General 8. To enter into the Promotion, an Eligible Participant must, during the Promotional Period: a) spend a minimum of $5.00 on the purchase of a ticket for any Keno game (excluding Keno Roulette and Keno Racing), at a Participating Venue (Qualifying Keno Ticket); b) collect their Qualifying Keno Ticket from the Keno Self Service Terminal or Keno operator; and c) log onto
www.keno.com.au (Website), click on the Win Beats Headphones promotion and register: (i) their contact details, including name, phone number and email address; (ii) the name of the Participating Venue where the Qualifying Keno Ticket was purchased; and (iii) the ticket serial number on their Qualifying Keno Ticket,
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(Qualifying Entry). 9. For the avoidance of doubt any entry that does not include all information requested is not a Qualifying Entry and will not be eligible to win a Prize. 10. For the avoidance of doubt, a Keno ticket purchased online is not a Qualifying Keno Ticket, is not eligible for a Qualifying Entry and will not be eligible to win a Prize. 11. An Eligible Participant who submits a Qualifying Entry in accordance with clause 8 is an Eligible Entrant. 12. Regardless of the number of Keno games played on that Qualifying Keno Ticket, each Qualifying Keno Ticket entitles an Eligible Entrant to lodge one (1) Qualifying Entry. There is no limit to the number of Qualifying Entries per Eligible Entrant subject to the following: a) only 1 Entry Form permitted per Qualifying Keno Ticket; and b) each entry must be in accordance with the entry requirements.
PRIZES 13. The prizes available to be won in the Promotion are: (a) a set of Beats EP On-Ear Headphones (colour and size subject to availability) (RRP $139 (including GST)) (Major Prize); and (b) iTunes Voucher valued at $20 (including GST) (Minor Prize), (together, Prizes). 14. The total number of Major Prizes and Minor Prizes available to be won throughout the Promotional Period in each State or Territory and the total value of each Prize pool, are set out below: State/Territory No. of Major Prizes No. of Minor Prizes Prize Value (incl. GST) VIC 100 200 $17,900 NSW 205 400 $36,495 ACT 80 100 $13,120 QLD 116 301 $22,144 Total $89,659
15. All Prizes from the Prize pool will be distributed in each State or Territory during the Promotional Period.
16. Any existing claims to Prizes at the end of the Promotional Period will be met, notwithstanding the advertised Prize pool has been exceeded.
17. Printing errors or other quality control matters outside the control of Eligible Entrants will not be used as the sole basis for refusing to award a Prize. PRIZE DRAW AND WINNER 18. The Eligible Entrant who receives an instant notification through the Website that they have won a Prize, is a winner of the Promotion (Prize Winner).
19. The Prize Winners are determined by reference to randomly computer generated winning dates and times throughout the Promotional Period (Winning Time). A Prize Winner will be the first Eligible Entrant to submit a Qualifying Entry immediately after each Winning Time.
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20. A Prize Winner will be immediately notified that they have won a Major Prize or Minor Prize by a winning confirmation message being displayed on the screen of their smartphone or computer (Winner Notification). A Prize Winner will also be notified that they have won a Major Prize or Minor Prize by email to the email address provided by the Eligible Entrant in their Qualifying Entry.
21. A Prize Winner automatically claims the Prize upon receiving the Winner Notification.
22. The Prize will be mailed to each Prize Winner within 28 days after the conclusion of the Promotional Period.
23. If any Prize is unclaimed or after taking reasonable steps, the Promoter is unable to deliver the Prize to a Prize Winner, the Promoter will retain the Prize for 3 months from the end of the Promotional Period (3 Month Period). In this scenario, the Promoter will conduct a redraw of the Prize at 11.00 am, 2 days after the expiry of the 3 Month Period (Redraw). The winner of the Redraw will be determined by a computer generated random draw conducted by, or on behalf of, the Promoter at 5 Bowen Crescent, Melbourne Victoria 3004. The winner of the Redraw will be notified by phone, letter and/or email that they have won the Redraw within two days of the Redraw. The winner of the Redraw must claim the Prize by notifying the Promoter that they accept the Major Prize, verbally or in writing by way of return letter or email and the Prize will be delivered to the winner of the Redraw by post within 28 days of the Redraw.
24. Unless otherwise stated in these Terms and Conditions, all costs associated with the Minor Prize and other ancillary costs are the responsibility of the Winner including, but not limited to, re-delivery fees.
25. Prizes are subject to all terms and conditions imposed by the providers of the goods and services that form part of the Prize.
26. An Eligible Entrant may win more than one Prize through the Promotional Period, subject to these Terms and Conditions.
GENERAL
27. The Prize must be taken as offered and cannot be varied, transferred or redeemed for cash. The Promoter is not responsible for a lost, stolen or damaged Prize. Subject to the consumer guarantees set out in Division 1 of Part 3-2 of the Australian Consumer Law (as defined in the Competition and Consumer Act 2010 (Cth) (the Consumer Guarantee), the Promoter does not warrant the merchantability, suitability and/or fitness for purpose of any goods and/or services awarded as a Prize (if any).
28. The Promoter will not be responsible or liable if for any reason beyond its reasonable control, the Prize is unavailable. The Promoter, in its discretion, reserves the right to substitute the Prize (or that part of the Prize) with an alternative prize to the equal value and/or specification, unless to do so would be prohibited by law and subject to the Consumer Guarantees and to any written directions from a regulatory authority. 29. Information on how to enter the Promotion, and the Prize itself, form part of these Terms and Conditions. Participation in the Promotion by an Eligible Participant (and acceptance of the Prize by a Winner) confirms their acceptance of the Terms and Conditions governing the Promotion. 30. The Promoter reserves the right, at any time, to: a) request a Winner provide proof of age and identity prior to awarding a Prize; b) verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s identity, age and place of residence) and to disqualify any Eligible Entrant whose entry is not in accordance with these Terms and Conditions or who tampers with any entry process; and
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c) refuse to award the Prize if the Promoter reasonably suspects that a Winner is not eligible, has breached these Terms and Conditions or has acted improperly to increase their chances of winning the Prize. 31. Identification considered suitable for verification is at the discretion of the Promoter. A Winner may be required to complete a statutory declaration to confirm their eligibility to accept a Prize. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 32. In the event of war, terrorism, state of emergency, disaster or for any reason whatsoever beyond the reasonable control of the Promoter, the Promotion is not capable of being conducted as reasonably anticipated, the Promoter reserves the right (unless doing so would be prohibited by any law including the consumer guarantees set out in the Consumer Guarantees) to cancel, terminate, modify or suspend the Promotion subject to any written directions from any relevant regulatory body. 33. Decisions of the management of the Promoter are final and binding. No correspondence will be entered into. To the extent that a situation or issue arises for which these Terms and Conditions make no provision or in relation to which the relevant Terms and Conditions are unclear, the Promoter reserves the right to make a decision regarding such situation or issue in its sole and absolute discretion and such decision will be final and binding. 34. By entering the Promotion, each Eligible Entrant consents to the Promoter using (or permitting authorised third parties to use) the Eligible Entrant’s name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this Promotion (including any outcome), the Promoter and or products/services supplied by the Promoter. 35. As a condition of accepting the Prize, a Winner must sign any legal documentation as and in the form required by the Promoter and/or Prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. 36. In relation to all activities connected with the Promotion, a Winner will refrain from expressing a negative or disparate view of the Promoter, its operations and any of its related bodies corporate. 37. The Promoter will collect, use and disclose the Eligible Entrant’s Personal Information (as defined under the Privacy Act 1988 (Cth)) in order to administer and conduct the Promotion, carry out any activities connected with or related to the Promotion and provide any related or ancillary goods/services. The Eligible Entrant’s Personal Information may also be used and disclosed in accordance with any other terms and conditions previously agreed to by the Eligible Entrant (if any) and in accordance with the relevant privacy policy of the Promoter. If an Entrant does not provide the Promoter with the Personal Information requested by the Promoter, the Promoter may not permit the Eligible Entrant to participate in the Promotion. By entering the Promotion, the Eligible Entrant consents to the Promoter: (a) collecting and using the Eligible Entrant’s Personal Information in relation to the purposes referred to above; and (b) where considered necessary by the Promoter, disclosing the Eligible Entrant’s Personal Information to third parties, including, but not limited to, Prize suppliers or regulatory authorities and for any purpose to which the Eligible Entrant has previously consented, including but not limited to, future promotional, marketing and publicity purposes. Eligible Entrants should direct any request to access, update or correct their Personal Information to the Promoter using the contact details set out above. All entry forms become the property of the Promoter. 38. Except for any implied condition or warranty (including any applicable Consumer Guarantee) the exclusion of which from these Terms and Conditions would contravene any statute or cause any part of these Terms and Conditions to be void (Non Excludable Condition), the Promoter excludes from these Terms and Conditions all conditions, warranties and terms, implied by statute, general law or custom. Except for any liability in relation to a Non Excludable Condition, the Promoter (including its officers, employees, contractors and agents) excludes all liability whether arising in tort (including, without limitation, negligence), contract or otherwise for any personal injury or any other loss, damage, cost, expense, damage or claim suffered, sustained or incurred (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or
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consequential, arising either directly or indirectly out of or in connection with the Promotion or the Prize, including (without limitation) the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Prize value to that stated in these Terms and Conditions; (e) any tax implications; (f) the cancellation or postponement of an event which constitutes the Prize; and/or (g) a Prize or use of a Prize. 39. All Prize values are GST inclusive, in Australian dollars and are the recommended retail value as provided by the supplier and are correct at the time of printing. Promotional pictures may not represent the actual Prizes. 40. Any taxes which may be payable as a consequence of a Winner receiving the Prize are the sole responsibility of that Winner. The Promoter accepts no responsibility for any tax implications that may arise from the Promotion or Prize and encourages each Winner to seek independent financial and tax advice. 41. Any enquiries should be directed to the Promoter. 42. The laws of Victoria, NSW, ACT or Queensland, wherever the Participating Venue is located, govern the Promotion. The Promoter and each Eligible Participant submits to the jurisdiction of the courts of that state or territory and the Commonwealth of Australia in respect of all matters arising out of these Terms and Conditions. 43. NSW permit LTPS/16/09027 44. ACT Permit No. TP16/02270
Australian Competitions Club
