Competition Terms and Conditions

 

1. Ocean Rd Ocean Road Magazine Pty Ltd is the promoter of this competition ‘the Promoter’ 
2. There is no entry fee to enter this competition. 
3. To enter the competition entrants acknowledge that the Promoter will collect Entrants’ email addresses which will be used for the purpose of sharing promotional material. 
4. Entrants agree and acknowledge that they have read these Terms and Conditions, and that entry into the Promotion constitutes acceptance of these Terms and Conditions.
5. Entrants agree their personal information may be shared where necessary.
6. Entrants agree that they have full power and capacity to grant the rights, warranties, and consents set out in these Terms and Conditions.
7. All Entrants have a fair and equal chance of winning the prize/s.
8. Entry is not open to: 
   1. directors, management, employees, officers, and contractors of: 
      1. the Promoter,
      2. any related bodies corporate of the Promoter, and
      3. the agencies and companies associated with the Promoter or the Promotion; and
   2. a spouse, de facto spouse, partner, guardian, parent, child or sibling (whether natural or by marriage or adoption) of any person set out in clause 2a);
   3. Persons under the age of 18 at the time the prize is drawn; and 
   4. Persons who reside outside of Queensland and New South Wales.
9. If required an entrant must, within seven (7) days of being asked by the Promoter, provide any requested documentation regarding the eligibility of entry to the promotion, including but not limited to, evidence of age, residence, and identity. The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. If a winner cannot provide suitable proof of eligibility to the Promoter’s satisfaction, they forfeit their prize in whole and no substitute or competition will be offered. 
10. Entries must be made through the website https://www.oceanroadmagazine.com.au/. All entries must complete the required fields and provide the correct information in order to win.
11. Entries will be subscribing to the Promoters email list, which they then can unsubscribe from at any time, either by clicking the link at the bottom of the email or by emailing the Promoter directly. 
    1. If an entrant unsubscribes prior to the end of the competition they will forfeit their entry in the competition. 
    2. Entrants will continue to receive promotional material from the Promoter after the conclusion of the competition. Entrants can withdraw their consent by unsubscribing at any time. 

• Winners of the prize will be notified on the date of being drawn by their provided contact details.
• A list of prize winners will be available to view on the website, social media, in addition to being published in a weekly email. 
• If the prize is;
  1. Not claimed by the winner or unclaimed within 31 days of winning, or
  2. Forfeited for any reason; 

The prize will be awarded to the next valid entry drawn. The winner of the unclaimed prize will be notified by their contact details, will be published on the website, and published in the newsletter.

1. All prizes are correct and based on the recommended retail value at the start date of the promotion 
2. Unless expressly stated as being included in the prize/s, all other costs, and expenses associated with taking the prize/s become the responsibility of the winner/s including but not limited to any incidental and ancillary costs incurred by winning/s as a direct or indirect result of taking the prize. 
3. Each prize will be awarded to the person’s name in the winning entry.
4. Each prize will be awarded at the promoter’s sole discretion. The promoter may invalidate any prize claim where the winner has breached these Terms and Conditions or otherwise failed to comply with any requirements under these Terms and Conditions.
5. It is a condition of accepting the Prize/s that the Winner/s must sign the legal release or release in a form determined by the Promoter in its absolute discretion. 
6. By accepting the prize, winners agree that:
   1. If requested by the Promoter, the Winners will:
      1. Provide comments about the Promotion and/or a photo or audiovisual clip of themselves; and 
      2. The Promoter may use their image, comment, photographs, or audiovisual clips for publicity and promotional purposes in any form of media, without reference or compensation to the winner and their guests or other persons;
      3. The Promoter may use, reproduce, edit and communicate to the public the materials at any time in any form of media
7. Nothing in these Terms and Conditions limits excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010, as well as any other implied warranties under the Australian Security and Investment Commission Act 2001. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter, its associated agencies and companies and those agencies and companies associated with or involved in the promotion (including each of their respective directors, officers, employees, servants, contractors and agents past and present) exclude all liability (including negligence), for any personal injury or death; or any loss or damage; whether direct, indirect, special or consequential (including loss of opportunity and loss of profit), arising in any way out of the Promotion or the Prize/s
8. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter, its associated agencies and companies, and those agencies and companies associated with or involved in the Promotion (including each of their respective directors, officers, employees, servants, contractors, and agents past and present) is not responsible for and excludes all liability (including negligence), for any personal injury or death; or any loss or damage; whether direct, indirect, special or consequential (including loss of opportunity and loss of profit), arising in any way out of:
   1. any technical difficulties or equipment malfunction (whether under the Promoter’s control); 
   2. any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; 
   3. any delays or failures in any telecommunications services or equipment; 
   4. any error, omission, interruption, deletion, defect, delay in operation or transmission, theft, destruction, unauthorised access or third party interference; 
   5. any entry or prize claim that is late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted, altered, damaged or misdirected (whether after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; 
   6. any variation in Prize value to that stated in these Terms and Conditions; 
   7. any tax liability incurred by a Winner or Entrant; 
   8. if a Prize or any part of a Prize is unavailable for any reason; or 
      1. use of the Prize/s. 
9. If a Prize is to be delivered directly to a Winner by a third party supplier, the Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the Prize, any loss or damage to the Prize, any delay or failure relating to the Prize itself or failure by the third party supplier to meet any obligations in these Terms and Conditions or otherwise. 
10. The Promoter reserves the right to take any action necessary in its sole discretion at any time, subject, where relevant, to any direction given under State/Territory permit regulations. 
11. If there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each Entrant and no correspondence will be entered into. 
12. Prize/s and participation in this Promotion may be subject to additional terms and conditions imposed by third parties. Entrants and Winners must comply with any such additional terms and conditions. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of a Prize or participation in the Promotion. The terms and conditions which apply to a Prize at the time it is issued to a Winner will prevail over these Terms and Conditions, to the extent of any inconsistency.
13. If for any reason any aspect of this Promotion is not capable of running as planned, including, without limitation, by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure, acts of God, civil unrest, strike, war, act of terrorism or any other cause beyond the control of the Promoter, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a Prize, subject, where relevant, to any direction given under the relevant State/Territory permit regulations.
14. Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law if any such attempt is made, whether that attempt results in any such damage, interference or undermining. 
15. These Terms and Conditions are governed by the laws of Queensland and each of the relevant State authorities. 
16. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 
17. These Terms and Conditions constitute the entire terms and conditions between each Entrant and the Promoter with respect to the Promotion. The Promoter may alter, modify, or amend these Terms and Conditions and the Schedule, subject, where relevant, to the approval of the authorities that have issued permits for the conduct of the Promotion.

The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1998. The Promoter will collect Entrants’ personal information in connection with this Promotion and will use and handle the personal information in accordance with these Terms and Conditions and the Promoter’s Privacy Policy at https://www.oceanroadmagazine.com.au/privacy-policy/