Competition Templates

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Terms and Conditions – The Australian Kimberley Waterfalls Cruise Promotion Nationwide News Pty Ltd General 1. The Promoter is Nationwide News Pty Ltd, (ABN: 98 008 438 828) of 2 Holt Street Surry Hills NSW 2010. Telephone number: (02) 9288 3000. 2. Information on how to enter and prizes forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions. 3. To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail. Who can enter 4. Entry is open to all residents of Australia who are 18 years of age or over except employees and immediate families of the Promoter and their associated companies, agencies, printers, suppliers, providers and participating outlets. Immediate family means any of the following: spouse, ex-spouse, defacto spouse, child or step child (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step brother, step sister or 1st cousin. 5. All entrants under the age of 18 must obtain the prior permission of their legal parent or guardian over the age of 18 to enter. The parent or guardian of the entrant must read and consent to all Terms and Conditions. The parent or guardian may be called to verify consent and may be required to sign a release at the discretion of the Promoter. The release will require the winner’s parent or guardian to accept responsibility for the acts and forbearances of the winner. The release will include the full name, address and telephone number of the winner’s legal guardian. Failure to provide such proof, particulars or releases will immediately invalidate the winner’s entitlement to the prize, subject to State and Territory legislation. If the competition winner is under 18 years of age, the prize will be awarded to the winner’s parent or legal guardian. 6. The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity or proof of registration ownership in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. When to enter 7. The competition commences on Saturday 7 November 2015 at 00:01 (AEDT) and concludes on Sunday 22 November 2015 at 23:59 (AEDT). Entries must be received by the Promoter prior to the competition close date and time. 8. The time of entry will in each case be the time the entry is received by the Promoter’s database, not at the time of transmission by the entrant. 9. The time of entry will in each case be the time the 19719766 telephone SMS message or online entry is received by the Salmat Digital Pty Limited database.The Promoter accepts no responsibility for any late, lost or misdirected entries including SMS messages not received by the Promoter or delays in the delivery of the SMS message due to technical disruptions, network congestion or for any other reason. SMS entries via the internet or computer generation and not attributable to a valid mobile phone account is invalid and will not be accepted. 10. 19719766 /SMS cost is $0.55 (including GST). Higher rates apply to calls to the 19719766 number from mobile phones and payphones. The cost of accessing the promotional website will be dependent on the entrant’s individual Internet Service Provider.

How to enter 11. A code word will be published in each edition of The Australian and The Weekend Australian newspaper from 7 November, 2015 to 22 November, 2015 inclusive. Each code word will be unique to that edition. Therefore, a different code word will be printed in The Australian newspaper each day from Monday to Friday (5 different code words) and another code word will be printed in The Weekend Australian each weekend. a) Each code word published in The Australian will be valid for that day (until 23:59) of publication only and there will only be one (1) code word per day. b) Each code word published in The Weekend Australian will be valid for that Saturday of publication and the following day (Sunday) only. There will only be one (1) code word per weekend. c) Thirteen (13) unique code words will be published in total over the promotional period. d) Each promotional day will be considered to be 00:01 to 23:59 AEDT, excluding weekends’ period which is Saturday 00:01 AEDT to Sunday 23:59 AEDT. 12. To enter this promotion, participants must either: i)

Visit www.theaustralian.com.au/kimberley and follow the instructions to enter their contact details, including (but not limited to) name, email address and phone number, as well as the daily code word as featured in that edition of The Australian or The Weekend Australian newspaper. Once an online entry has been submitted successfully, a “thank you” message will appear on screen Or

ii)

Send a text/SMS message to 19719766 and provide their contact details, including full name, email address and phone number, as well as the daily code word as featured in that edition of The Australian or The Weekend Australian newspaper. SMS entrants will receive a reply message to confirm that the entry has been received.

13. Unrecognised code words will not be accepted. 14. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Terms and Conditions of Entry. 15. Incomprehensible, incomplete and unrecognised entries will be deemed invalid. 16. Any entry that is made on behalf of an entrant by a third party will be invalid. 17. The Promoter reserves the right to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of the Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or the Promoter. This includes, but not limited, to entrants and households using multiple email addresses, postal addresses, PO Box addresses or SIM cards to register single or multiple purchases.

Number of entries permitted 18. Participants may enter as many times as they like over the promotional period but only one entry per code word per day per person is permitted.

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Determination and notification of winner

19. There will be one (1) Major Prize Draw and thirteen (13) Minor Prize Draws: a) Each time that an entrant submits an entry into the draw for the daily prize (i.e. the Minor Prize Draw for that day), they will automatically receive one (1) entry into the draw for the Major Prize. If entrants choose to enter every day throughout the promotional period, they will receive a maximum of 13 entries into the Major Prize Draw. b) Each time that an entrant submits an entry with the daily code word (and other details as specified in clause 12), they will receive one (1) entry into the draw for the daily prize (i.e. the Minor Prize Draw for that day). All draws will take place at Salmat Digital Pty Limited, Level 2, 116 Miller Street, North Sydney NSW 2060, at 14:00 AEDT as per the timetable below:

          

Monday 9 November, 2015 Tuesday 10 November, 2015 Wednesday 11 November, 2015 Thursday 12 November, 2015 Friday 13 November, 2015 Monday 16 November, 2015 (2 draws relating to Friday 13 November 2015 code word and the 14/15 November 2015 Weekend code word) Tuesday 17 November, 2015 Wednesday 18 November, 2015 Thursday 19 November, 2015 Friday 20 November, 2015 Monday 23 November, 2015 (3 draws relating to Friday 20 November 2015 code word, the 21/22 November 2015 Weekend code word and the Major Prize draw)

20. If any particular determination is scheduled on a public holiday, the determination will be take place on the following business day. 21. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the competition result or any other decisions the Promoter makes in connection with the Promotion. 22. The winners will be notified in writing via email within two (2) days of being determined. All winners will have their details published in the Public Notices section of The Australian newspaper on Friday 4 December, 2015. 23. Each prize will be awarded to the person named in the entry. However, in a dispute, prizes will be awarded to the account holder of the entry mechanism used to submit their entry (i.e. mobile phone account holder, land line account holder or email account holder). 24. Should an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter. 25. All reasonable attempts will be made to contact the Winners. If any prize(s) remain unclaimed by a winner or unallocated or forfeited for any reason, by 23:59 on Tuesday 23 February 2016, an unclaimed prize draw will take place at Salmat Digital Pty Limited, Level 2, 116 Miller Street, North Sydney NSW 2060, on 24 February 2016 at 14:00 AEDT. The winner(s) will be notified in writing by email within two (2) days of the draw. The winners will have their details published in the Public Notices section of The Australian newspaper on Tuesday 1 March, 2016.

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Prize on offer 26. The Major Prize Winner will receive a Kimberley Waterfalls cruise for two (2) adults including: i)

A 10 nights Kimberley Waterfalls cruise for the Winner and one (1) guest from North Star Cruises Australia, with accommodation in an Ocean Class cabin, valued up to $AUD31,990.00*^. The cruise is subject to their own Terms and Conditions as outlined in clause 29. *The winner is required to take one of the following Kimberley Waterfalls cruises only: 23 March – 02 April 2016 – Cruise is from Broome to Wyndham 02 April – 12 April 2016 – Cruise is from Wyndham to Broome 12 April – 22 April 2016 – Cruise is from Broome to Wyndham ^ The cruise includes all meals and normal cruise inclusions, including airport transfers from the Broome/Kununurra airports to commence the cruise and to the Broome/Kununurra airports at the conclusion of the cruise.

ii)

Return economy class airfares for the Winner and one (1) guest from the winner’s nearest capital city in Australia (Sydney, Melbourne, Brisbane, Adelaide, Perth, Canberra, Hobart or Darwin) to either Broome or Kununurra to commence the cruise, and from Broome or Kununurra to the winner’s nearest capital city at the conclusion of the cruise, valued up to $AUD9,000.00.

iii) Two (2) R. M. Williams gift cards valued at $AUD250.00 each. The gift cards are subject to their own Terms and Conditions as outlined in clause 30. The total value of the Major Prize is up to $AUD41,490.00. 27. Thirteen (13) Minor Prize Winners will be drawn from the valid entries submitted for each code word across the Promotional Period (one Minor Prize winner per code word)Each Minor Prize consists of: Two (2) R. M. Williams gift cards valued at $AUD250.00 each. The gift cards are subject to their own Terms and Conditions as outlined in clause 30. The total value of the Thirteen (13) Minor Prizes is $AUD6,500.00 28. Total Prize Pool value = $AUD47,990.00. 29. The cruise prize is subject to the following separate terms and conditions as specified by North Star Cruises: a) The prize is for two (2) guests on a 2016 Kimberley Waterfalls cruise during one of the dates as specified in clause 26 (i). b) The specified cabin style is Ocean Class. c) If the winner chooses to take the trip as a single passenger (i.e. no travel partner), they will occupy an Ocean Class cabin by themself, and no refunds or cash will be awarded in lieu of only one (1) person taking the prize rather than two (2) people. d) The offer includes all meals and normal cruise inclusions. e) Cruise activities, services or goods that are subject to additional charge are specifically NOT included in this offer. f) Please note that, where applicable, this offer does NOT include access to the ship’s helicopter. g) Please note that this offer does NOT include any alcoholic beverages. However, the offer does include non-alcoholic beverages. h) The True North is a licensed vessel; alcoholic beverages will only be served in strict accordance with the license holder’s obligation to responsibly manage alcohol consumption. i) Passage is subject to North Star Cruises’ normal Terms & Conditions. j) It is strongly recommended that the participant arrange adequate travel insurance prior to commencing any travel.

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k) l) m) n) o)

The offer is valid for the period indicated ONLY. The offer is NOT transferable. The offer cannot be exchanged for cash or similar. Pre or post cruise flights and accommodation are NOT included. The participant must be over 16 years of age and, where applicable, have the written consent of a legal guardian who is accepting of these conditions.

30. The R. M. Williams gift cards are valid for 12 months from 23 November 2015 and are subject to the following separate terms and conditions: Treat this card as cash. Lost and Stolen cards will not be replaced or refunded. To be used for the purchase of goods at rmwilliams.com.au or any RMW owned retail stores, excluding Myer Concession Stores. Cards can only be used in the country of purchase as stated on this card. Change will be given in the form of a replacement gift card to the nearest value and cash for amounts under $25. Not redeemable for cash. This card will expire 12 months from date stated on card. 31. The Major Prize must be taken on one of the dates stated in clause 26 (i). Prize airfares subject to availability in the required booking class as determined by the airline. 32. Airline tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. Flight itinerary may have to be adjusted depending on the airlines departure city and their current flight schedule. Frequent Flyer points cannot be used with the airline part of the prize. 33. Airline tickets are not endorsable to other people and have no cash value if cancelled or forfeited. Airline tickets included in the Major Prize cannot be used as part-payment of another airfare. 34. The Major prize winner and their companion are required to check baggage allowances according to the itinerary provided at the time of booking. There may be baggage restrictions on some flights and the Winner and their companion are required to honour these restrictions and/or be liable to pay fees in the case of excess baggage. 35. A credit card imprint or cash eposit may be required from the winner at check-in to the hotels/cruise, for all incidental charges. Once accommodation vouchers are issued they are non-changeable. 36. Unless expressly stated, all costs and expenses associated with taking the Major Prize become the responsibility of the Major Prize Winner, including: a) Additional taxes (such as airport, government and other taxes which may be applicable and subject to currency fluctuations); b) Costs associated with inoculations, passports and visa applications; c) Transfers, except as specified in clause 26 (i); d) Travel insurance; e) Spending money; f) Meals, except as specified in clause 29 (d); g) Transport to/from an airport departure or return point, except as specified in clause 26 (i); h) Additional accommodation before/after the cruise; i) Any extra sightseeing or activities; and j) All other incidental and ancillary costs incurred by the Winner and/or their travel partner as a direct or indirect result of taking the Major Prize. 37. Travel dates cannot be changed once the booking is confirmed and tickets are issued. The Major Prize Winner and their travel companion are responsible for any amendment fees issued by airlines, cruise or suppliers once booking is confirmed and ticketed. 38. All aspects of the Major Prize must be taken together as a package. In the event that, for any reason whatsoever, the Major Prize Winner does not book and take the Major Prize by the time stipulated by the Promoter, that Prize or that element of the Prize will be forfeited by the Winner and cash will not be awarded in lieu of that element of the prize. 39. Unless otherwise expressly stated, prize values are based upon the recommended retail

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prices at the time of first publication of these Terms and Conditions (inclusive of GST). The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date. 40. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize. 41. Prizes cannot be transferred, exchanged or redeemed for cash. 42. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. 43. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion. If an entrant under 18 years of age wins a prize then their parent or guardian must sign the legal release referred to in this clause on the minor’s behalf. 44. Where the prize involves driving, travel or an event, winners and any companions under the age of 18 must be accompanied by their legal parent or guardian over the age of 18 at all times. 45. Once the Prizes have left the Promoter’s/Supplier’s premises, the Promoter and the Relevant Parties will not be responsible for any delay in delivery or loss or damage to the Prizes. 46. By entering this competition, and by collecting a prize, the winner acknowledges and accepts that driving, travel and any other activities comprising the prize, are inherently dangerous and may result in death, injury, incapacity, damage to property or other losses. The Promoter is not responsible for any acts of God, such as adverse weather conditions or industrial action or civil commotion that may occur whilst the winner is travelling. It is the responsibility of the prize-winner to enquire about local issues and conditions at destinations prior to travel. The Promoter does not guarantee that the winner will enjoy the travel prize or be suited to the type of travel prize that is offered. 47. The winner and travelling companions must travel at the same time, must depart from the same capital city and are responsible for transport from their residence to their nearest capital city for flight departure (Sydney, Melbourne, Brisbane, Adelaide, Perth, Canberra, Hobart, or Darwin). 48. If the winner/s is under the age of 18 as at the date on which the winner is determined, an adult must accompany the minor in the participation of the prize.

Further Terms and Conditions 49. The Promoter (subject to State and Territory Legislation) reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affects the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition. 50. The Promoter and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available. 51. If for any reason this competition is not capable of running as planned, including (without limitation) due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, the Promoter reserves the right in its sole discretion to take any action that may be available, and (without limitation) to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation. 52. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used.

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53. Any entrant found to be using any form of software or third party application to enter multiple times (including scripting software) will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request. 54. Any entrant found to have used a third party (including online competition entry site) to enter on their behalf will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request. 55. Any entrant found to be entering incorrect contact details, including incorrect email contact details, will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request. 56. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State Regulation. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated. 57. The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential prize delivery. The Promoter makes all reasonable efforts to deliver prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any prizes returned to the Promoter due to nondelivery at the provided address will be re-sent to the prize winner. The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes. 58. The Promoter reserves the right to redetermine the winner in the event of an entrant, claiming to be a winner, being unable to satisfy these Terms and Conditions. Copyright, Statutory guarantees, Waiver and liability 59. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s submission, image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with the Promoter or News Limited publications, or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use. 60. The Promoter acknowledges that the entrant may own intellectual property rights (including copyright) in any material created or otherwise submitted to the Promoter in connection with the entrant’s entry or participation in any aspect of the prize (Works). The entrant hereby grants the Promoter a non-exclusive, irrevocable, perpetual, worldwide licence to use the Works (including modifying, adapting or publishing the Works, whether in original or modified form, in whole or in part or not at all). The entrant acknowledges and agrees that neither the entrant nor any third party shall be entitled to any fee, royalty or other consideration in respect of such licence. If the entrant holds, now, or at any time in the future, any so called “droit moral” or moral rights in connection with the Works, the entrant unconditionally and irrevocably consents, for the benefit of the Promoter and all of its assignees, licensees and sublicensees to material alterations to the Works (including,

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without limitation, any copying, editing, adding to, taking from, adapting and/or translating the Works, in any manner or context) for any purpose, notwithstanding that such conduct may amount to derogatory treatment of the Works for the purposes of the Copyright Act 1968 (Cth). 61. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation. 62. The Promoter does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australian Consumer Law) which cannot be excluded, restricted or modified. However, the Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by entrant or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries. 63. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. 64. All entries become the property of the Promoter (with the exception of any intellectual property rights comprised therein). The Promoter collects personal information about you for the purposes of conducting this promotion but no further use of this information will be made without prior consent. 65. All entries become the property of the Promoter (with the exception of any intellectual property rights comprised therein). All opt-in entries will be entered into a database and The Promoter may use the entrant’s names, addresses and telephone numbers for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the entrant. By opting-in, entrants confirm that they allow their details to be used for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact The Promoter on their details set out below. Any request to update, modify or delete the entrant’s details should be directed to The Promoter. 66. Entrants’ personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation. For purposes of public statements and advertisements the Promoter will only publish the winner’s surname, initial and state. A request to access, update or correct any information should be directed to the Promoter. 67. The Promoter collects information about you, including for example your name and contact details which you provide when registering or using our services as well as information from data houses, social media services, our affiliates and other entities you deal or interact with for example by using their services. We collect and use that information to provide you with our goods and services, to promote and improve our goods and services, to provide you with targeted advertising based on your online activities, for the purposes described in our Privacy Policy and for any other purposes that we describe at the time of collection. We may disclose your information to our related companies, including those located outside Australia. Any of us may contact you for those purposes (including by email and SMS) at any time. We may also disclose your information to our service and content providers, including those located outside

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Australia. If you do not provide us with requested information we may not be able to provide you with the goods and services you require. We may disclose your personal information to authorities if you are a prize winner or otherwise as required by law. Further information about how we handle personal information, how you can complain about a breach of the Australian Privacy Principles, how we will deal with a complaint of that nature, how you can access or seek correction of your personal information and our contact details can be found in our Privacy Policy http://www.newscorpaustraliaprivacy.com.

Authorised under NSW permit no: LTPS/15/07649, Permit Number ACT: TP 15/07601; Permit Number SA: T15/1727

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