1 Introduction
These Terms and Conditions incorporate and must be read together with the details outlined in the table above. Information about the Prize and how to enter forms part of these Terms and Conditions. By entering, you accept these Terms and Conditions. Installation and use of the OTR App is subject to the terms and conditions of the OTR App, available at http://www.otr.com.au/ otr_app/terms-use/ and which may change from time to time.
2 Entry
2.1 Your entry must be received during the Competition Period. Your entry is deemed to be received only when received by the Promoter’s database.
2.2 If you seek or obtain a refund in respect of a Qualifying Purchase your entry may be deemed invalid at the Promoter’s discretion. The Promoter is not liable for any problems with communications networks or any technical issue or error that may occur in the course of the administration of the Competition.
2.3 You are responsible for your own costs associated with entering.
2.4 If you enter using multiple aliases you may be disqualified.
3 Prize
3.1 The Prize will be awarded within the time specified in the above table, unless otherwise advised by the Promoter.
3.2 If the Prize cannot be used by the Winner at the times specified by the Promoter (in its sole discretion), the Promoter may award the Prize to a Reserve Winner or conduct another prize draw in its absolute discretion.
3.3 The Promoter is not responsible for any variation in the value of the Prize.
3.4 The Promoter will not be responsible for any additional costs incurred by the Winner in connection with the use of the Prize. The Winner (and if applicable, their guests) are responsible for all costs associated with using the Prize, including without limitation, travel and transfer costs (except to the extent that travel forms part of the Prize or is otherwise stated in the Prize description), food and beverage costs, insurance costs and spending money.
3.5 The Winner (and their companions) must comply with all conditions of use for the Prize (whether of the Promoter or any third party) and must comply with any reasonable directions of the Promoter and any supplier of the Prize as to the use of the Prize and will indemnify the Promoter from and against any and all expense, loss or damage (including without limitation consequential loss or damage) suffered or incurred by the Promoter in connection with any failure of the Winner (or their guests) to comply with these Terms and Conditions.
3.6 If the Prize includes transport, the Prize does not include transfers to and from the Winner’s place of residence to the departure point. The pick-up and drop off times for the relevant transport will be determined by the Promoter in its absolute discretion and the Promoter will have no responsibility to the Winner (or their guests) if the same do not arrive to the relevant pick-up and drop off locations on time.
3.7 If the Prize includes tickets to an event, the Promoter is not responsible for any changes in times or dates, cancellations or rescheduling of events that may prevent the Winner from redeeming the Prize or any part of it.
3.8 The Prize cannot be transferred, exchanged, redeemed or sold for cash.
4 Verification, Breach, Substitution and Cancellation
4.1 If you or your entry are deemed by the Promoter to breach these Terms and Conditions, your entry (or at the Promoter’s discretion, all of your entries) may be discarded or otherwise deemed invalid.
4.2 The Promoter may, at any time, require you to produce documentation to establish to the Promoter’s satisfaction the validity of your entries (including documentation establishing your identity, age, place of residence, place of employment, email address and authority to make payments in the OTR App).
4.3 Failure by the Promoter to enforce any of its rights at any stage does not waive those rights.
4.4 You must not:
(a) tamper with the entry process;
(b) engage in any conduct that may jeopardise the fair and proper conduct of the competition;
(c) act in a disruptive, annoying, threatening, abusive or harassing manner;
(d) do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this competition;
(e) breach any law; or
(f) behave in a way that is otherwise inappropriate.
4.5 The Promoter’s decision in connection with all aspects of this competition is final.
4.6 If this competition cannot run as planned for any reason beyond the Promoter’s control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the competition or disqualify affected entries/entrants, subject to necessary approval by the state/territory gaming authorities (if any).
5 Liability and Indemnity
5.1 Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).
5.2 Subject to the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death whatsoever suffered or incurred by any person in connection with this competition or the Prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).
5.3 Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable for any loss of, damage to or delay in delivery of the Prize.
5.4 The Promoter and the agencies and companies associated with this competition are not liable for entries, Prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.
5.5 The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, theft or destruction or unauthorised access to or alteration of entries.
5.6 The Promoter is not responsible for any tax implications arising from you winning a prize. You should seek independent financial advice. If for GST purposes this competition results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
5.7 The Promoter may communicate or advertise this competition using Facebook, Instagram or other social media platforms. However, the competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other relevant social media platform. You provide your information to the Promoter and not to Facebook, Instagram or any other relevant social media platform. You completely release Facebook, Instagram and any other relevant social media platform from any and all liability.
6 Privacy and Publicity
6.1 Upon submission, all entries automatically become the property of the Promoter.
6.2 By entering the Competition and providing your personal information you consent to the use of your personal information (as defined in the Privacy Act 1988) in the manner set out in these Terms and Conditions.
6.3 The Promoter collects personal information about you in order to conduct the competition. If the personal information requested is not provided, you may not be able to participate.
6.4 The Promoter may also:
(a) use your personal information to help improve its goods and services;
(b) share your personal information with the Promoter’s Australian related companies, agents, contractors or promotional partners who may (together with the Promoter) contact you with special offers and marketing via any medium including mail, telephone and commercial electronic messages (including email and SMS).
6.5 Where the Promoter holds personal information about you that it has collected from different sources, the Promoter may combine this personal information into a single record or collection of linked records.
6.6 The Promoter’s Privacy Policy (available at http://www.otr.com.au/pages/privacy-policy/) states:
(a) how you can seek access to the personal information the Promoter holds and seek the correction of such information; and
(b) how you can complain about a breach of privacy and how the Promoter will deal with such a complaint.
6.7 The Winners agree to participate and cooperate in all publicity, editorial and promotional activities required by the Promoter, including but not limited to being interviewed, recorded and photographed without compensation. The Winners grant the Promoter a perpetual and exclusive licence to use the any such footage, recordings or photographs in all media worldwide and the Winner without notification or remuneration.