These General Competition Entry Rules apply to all of the Council’s competitions and awards. They may be amended or varied from time to time by the Council. Special Competition Rules may apply to particular competitions, which will be included on any entry form.
Who May Enter
The competition is not open to:
- a person who is an employee, officer, servant, volunteer or contractor of the Council or its related bodies corporate or associates or any of its agencies involved with this competition;
- the spouse, de facto spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), of a person referred to in paragraph (a) above;
- a person who has used or attempted to use any more than one name in order to qualify to win any competition run by the Council;
- a person who refuses to comply with or breaches any terms of these General Competition Entry Rules.
All contestants acknowledge that Council can rely on this clause at any time, even if the Council only learns of a person’s ineligibility after the Council has nominated the person as the winner or awarded the prize. Return of the prize or payment of its value to the Council can be required by the Council if this occurs.
Notwithstanding anything else in these Rules, the Council has absolute discretion in awarding prizes in a competition or making any award.
In order to claim a prize in a competition, the winner must:
- be eligible to enter under these General Competition Entry Rules and any Special Competition Rules;
- be announced by the Council as the winner of that prize by any means determined by the Council;
- not be prohibited by any rule of law from using or otherwise enjoying the prize for which he or she has been announced as the winner;
- demonstrate to the Council’s satisfaction that he or she is the winner of the prize, and if necessary prove that he or she is not prohibited from using or otherwise enjoying the prize (for example, by producing photographic-identification, such as a driver’s licence or passport, or signing a declaration to that effect); and
- comply with any request made by the Council under the General Competition Entry Rules or any Special Competition Rules that apply to that competition.
When the winner of a prize is below the lawful age to use or otherwise enjoy the relevant prize Council may, in its absolute discretion, award the prize to the winner’s lawful parent or guardian or require the parent or guardian to sign an indemnity and consent for the winner to receive or participate in the prize.
Prizes will only be awarded following winner validation and verification.
If a prize winner chooses not to accept the prize awarded by Council, the prize will not be substituted with another prize. In such circumstances, Council reserves the right, in its absolute discretion, to award the prize to an alternative entrant.
All prize items are valued inclusive of GST and Council takes no responsibility for any variation in item values. Any taxes which may be payable as a consequence of a winner receiving the prize are the sole responsibility of that winner.
Prizes are non-transferable and may not be redeemed for cash. If the specified prize becomes unavailable, Council may substitute a prize of like or equal value.
Winners will be notified by mail, telephone, email or by any other contact details provided by the winner.
Prizes are to be collected from the Council offices and personal identification (refer clause 2(d) of these General Terms and Conditions) must be produced. Winners under the age of 18 must be accompanied by a parent or guardian and both must produce personal identification.
If prizes are sent by post, they are generally sent by Australia Post or private courier. Any loss of a prize(s) by a courier company or Australia Post is not the responsibility of Council. In that event, Council may or may not, in its discretion, replace the prize.
On the request of Council, a copy of the General Competition Entry Rules and/or a signed receipt and acknowledgment must be signed and endorsed by any winner (or the winner's parent if the winner is under the age of 18) to indicate his/her understanding and acceptance of these terms.
Council will, at its discretion, publish the names of the winners of any prize on its website. The decision of the judge(s) is final and no correspondence will be entered into.
Exclusion of Liability
The Council takes no responsibility for the loss of prizes due to incorrect or imprecise delivery details provided by an entrant. The Council makes no representations or warranties as to the quality/suitability/merchantability of any of the goods/services offered as prizes.
The Council shall not be liable for any loss or damage suffered or sustained (including but not limited to consequential loss), including for personal injury or property damage suffered or sustained, as a result of accepting any prize or participation in any competition or prize, except for any liability which cannot be excluded by law.
A person who enters a competition releases from and indemnifies the Council from and against all liability, cost, loss or expense arising out of acceptance of any prize or participation in any competition including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise.
A winner (or his or her parent or guardian as appropriate) may be required to sign and return any liability release and provided by the Council and/or its contractors as a condition of the prize being awarded. Failure to return the signed releases and indemnities will result in the entitlement to the prize being forfeited and a selection of another winner.
The Council assumes no responsibility for any error, defect, delay, theft or unauthorised access to or alteration of entries. Subject to any written directions given under the applicable law, if for any reason, the competition is not capable of operating as planned, including infection by computer viruses, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Council which corrupts or affects the administration, security, fairness, or proper conduct of the competition, then the Council reserves the right, at its sole discretion, to cancel, terminate, modify or suspend this competition.
The Council reserves the right, in its sole discretion, to disqualify any individual for:
- tampering with the entry process, including exceeding any limitation on the numbers of entries, or any other process as determined by the Council that in any way affects the fairness of the promotion;
- tampering with the operation of the competition; or
- acting in an unsportsmanlike or disruptive manner.
Participation in the competition constitutes the entrant’s unconditional agreement to and acceptance of these General Competition Entry Rules and any Special Competition Rules in relation to a particular competition. These Rules may change from time to time including by extending the time for, varying or terminating any competition.
The Entrant is responsible for insuring his or her familiarity with the General Competition Entry Rules and any Special Competition Rules at the time of participation. The Council’s decision not to enforce a specific restriction does not constitute a waiver of that restriction or of the General Competition Entry Rules or Special Competition Rules. The Council may enforce these Rules in its absolute discretion.
Where the Council has Special Competition Rules in relation to a particular contest, then they will prevail to the extent of any inconsistency with these General Competition Entry Rules or Special Competition Rules. The Council may enforce these Rules in its absolute discretion.
The General Competition Entry Rules and any Special Competition Rules are to be construed in accordance with the laws of the State of South Australia. The Council may terminate any contest at any time at its absolute discretion. In the event of such termination, the Council may at its absolute discretion elect not to award any prize in respect of the terminated contest.
Ownership of Entries
Competition entries and material submitted in connection with any competition (whether written, audio, electronic or visual form, or a combination of those) or any photographs, video and/or film footage and/or audio recording taken of competitors are assigned to the Council upon submission and become the property of the Council which may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of the Council. To the extent permitted by law, the entrant waives all moral rights to any competition entries and material.
All such entries and material remain the property of the Council. Each entrant warrants that he or she owns the copyright and any other intellectual property rights in any such material submitted in connection with any competition and has full power and authority to agree to and grant the above assignment, consents and other rights to the Council.
All contestants acknowledge, as a condition of entry, that the Council has the right to publicise and/or broadcast his/her name, character, likeness, voice, or all matters incidental.