Christmas Lights Competition

Terms and Conditions – Christmas Lights Competition (‘promotion’)

General

  1. The Promoter is The Warwick Newspaper Pty Limited (the promoter) of 50 Albion Street Warwick Queensland, 4370. ABN 90 009 657 416.
  1. 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.
  1. If there is any inconsistency between these Terms and Conditions and anything else that refers to this competition, these Terms and Conditions will prevail.
  1. Entrants who nominate their property in the competition agree to their details being published in the Warwick Daily News throughout the competition for the purposes of judging the premises and providing awareness of the location of properties in the competition. Entrants who do not agree to have their details published cannot enter the competition.

Who can enter

  1. Entry is open to all residents of Queensland who reside in the Warwick City Map area. Residential address of nominated properties must be within an eight-kilometre radius from the Warwick Daily News office at 50 Albion Street, Warwick Qld 4370.
  1. If the entrant’s home is not visible on the Warwick City Map, the entrant can have their address listed on the map; however, the location will not be marked.
  1. Those who are ineligible to enter include employees and immediate families of the Promoter and their associated companies and agencies.
  1. Immediate family includes 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 first cousin.
  1. Entrants must be 18 years of age and older to be eligible to enter.
  1. 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 to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. If a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

When to enter

  1. The competition commences on Saturday November 11, 2017 with nominations closing on Thursday November 30, 2017 at 10:00am AEST.
  1. The time of entry will in each case be the time the entry is received by the Promoter, not the time of submission by the entrant.
  1. The Promoter accepts no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason.

How to enter

  1. The details of how to enter the competition are set out in the Warwick Daily News newspaper via an entry form. Entry Forms will be available between Saturday November 11, 2017 and Thursday November 30, 2017.
  1. The Warwick Daily News – Warwick City Map will be published in the Warwick Daily News from Tuesday December 5, 2017.
  1. Entrants may enter the competition by collecting and completing an original entry form in full including their nomination of class they wish to enter for the Christmas Lights Competition.
  • Entry Forms must be signed to validate the entry. Unsigned entry forms will not be considered for nomination and will not be entered in to the competition for judging purposes.
  • Entry forms must be placed in an envelope, addressed to Warwick Daily News – “Christmas Lights Competition”; then
  • PO Box 358, Warwick Qld 4370; or
  • Deliver to: 50 Albion Street, Warwick Qld 4370. 
  1. Entrants will be required to provide their personal details including (but not limited to) full name, address, post code and telephone number.
  1. 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.  For the purposes of these content requirements, “entry content” includes any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion. Entries must be the entrant’s original work and The Promoter reserves the right to verify that the entry is the entrant’s original work.  If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid.  The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry.
  1. An entrant’s entry must not include:
  1. any image or voice of any other person without that person’s express consent.  Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
  1. any content that contravenes any law, infringes the rights of any person or is potentially insulting, inflammatory, defamatory, obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
  1. any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so.  If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it.  By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these terms and conditions;
  1. The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
  1. Any entry that is made on behalf of an entrant by a third-party will be invalid, unless the entrant requires the assistance of a third-party to enter due to a disability.
  1. 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 and conditions 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 Promoter.

Number of Entries permitted   

  1. Entrants may enter their property once only; however, can nominate in more than one class. Each person may be awarded with more than one prize depending on the outcome of the winning categories.

Draw and Notification of winner

  1. The winners of Best house and Best business will be selected via a judging panel of Warwick Daily News Staff with a set criteria (see Criteria for Judging).
  1. Judging will take place between Monday December 11, 2017 and Wednesday December 13, 2017 (weather permitting).
  1. Spirit of Christmas will be selected by random draw at the Warwick Daily News on Tuesday December 12, 2017 at 10:00am AEST.
  1. Entrants must turn on their Christmas lights between 7:00pm and 9:00pm AEST.
  1. The judging panel may arrive at a contestant’s premises on any of the viewing dates.
  1. Judges will view the display from the street, however, access to a contestant’s premises may be required to view the display sufficiently to judge fairly.
  1. Prizes may be awarded in the following categories at the judge’s discretion. Should the judges deem that none of the entries are of an acceptable standard within the confines of the criteria, they, the judges may elect not to award a prize in a particular class or classes.
  1. The winners will be announced in the Warwick Daily News on Friday December 15, 2017.
  1. Each winner will be contacted individually about their winning category and how they can claim their prize/s.
  1. The Promoter’s decision is final and the Promoter will not enter in to correspondence regarding the competition result or any other decisions the Promoter makes about the Promotion.
  1. Prizes will be awarded to the person named in the entry. However, in a dispute, will be awarded to the account holder of the entry mechanism used to submit their entry.
  1. 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.

Criteria for Judging

  1. The judging panel will base their selection of winner in each class on the following:
  • Creativity and theme – Points 1 to 25 with the highest score being 25;
  • Overall visual appeal – Points 1 to 25 with the highest score being 25;
  • Variety of colour and decorations used – points 1 to 25 with the highest score being 25;
  • Degree of difficulty/technical skill – points 1 to 25 with the highest score being 25.

Classes for nomination

  1.  The following are the classes and description of each class for nomination:
  • Best house: the decorated premises that receives the most amount of points based in the judging criteria from all valid entries nominated in this class;
  • Best Business: the decorated business that receives the most amount of points based on the judging criteria from all valid entries nominated in this class;
  • Spirit of Christmas: This category will be drawn at random from all entries received.

Prize on offer

  1. The individual prize value is up to $268.00 (including GST).  Total prize pool value is up to $468.00 (including GST) as at commencement of the promotion. The winners will receive one of the following prizes, based on the class entered:
  • Best house: A $150.00 Visa Gift Card;
  • Best Business: quarter page advertisement, RRP $267.30. Advertisement prize must be used by January 31, 2018;
  • Spirit of Christmas: A $50 Visa Gift Card;
  • The winners must collect their prize from the Warwick Daily News office, 50 Albion Street, Warwick Qld 4370.
  1. Unless otherwise expressly stated, prize values are based upon the recommended retail 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.
  1. Independent financial advice should be sought as tax implications may arise because of accepting the prize.
  1. Prizes cannot be transferred, exchanged or redeemed for cash.
  1. 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.  It is the responsibility of the winner to confirm such conditions with the prize supplier or other relevant third parties.
  1. It is a condition of accepting the prize that the winner may be required to sign a release in a form determined by the Promoter in its absolute discretion.
  1. All entrants agree that if they win the prize, they will not, and their companions will not, sell or otherwise provide their story and/or photographs to any media or another organisation, including the internet. Photographs will be allowed only at the discretion of the Promoter.
  1. The Prize must be taken by the dates specified on vouchers.  In the event a winner does not take the prize by the time stipulated, then the entire prize will be forfeited by the winner and cash will not be awarded in lieu of the prize.
  1. Prizes are only valid for the date or period specified on the voucher/card or by the provider of the voucher/card, and are subject to any terms and conditions imposed by the provider.  Once awarded, the Promoter is not liable for any voucher/card that has been lost, stolen, forged, damaged or tampered with in any way.

Further Terms and Conditions

  1. Subject to complying with all relevant State and Territory legislation, the Promoter reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of the competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
  1. 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.
  1. 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.
  1. All entries must be sent by post or delivered to the address set out in these terms and conditions. Entries that contain any objects not specified in these term and conditions will be deemed invalid and will not be accepted. The Promoter and its agents take no responsibility whatsoever for such entries that do not comply with these terms and conditions.
  1. 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.
  1. An entrant may not use a third party (including online competition entry site) to enter on their behalf, except where the entrant needs to use those services of that third party to enter due to a disability.  If the preceding sentence has been breached, the entrant will have all entries invalidated, any claim to any prize will be invalidated and where such an entrant has already been awarded a prize before being 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.
  1. 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 and Territory legislation. 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.
  1. The Promoter will make reasonable efforts to deliver prizes to the addresses provided by competition entrants (where applicable). If a prize is returned to the Promoter because it could not be delivered to the address provided, the Promoter cannot guarantee that it will be able to resend the prize 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.
  1. The Promoter reserves the right to redraw the prize if an entrant who claims to be a prize winner is unable to satisfy these terms and conditions.

Copyright, Statutory guarantees, Waiver and liability

  1. 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 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.
  1. 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 promotion (Works). The entrant does not transfer their intellectual property rights to the Promoter by submitting an entry. 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, to use, modify, delete from, add to, publicly display and reproduce, the photo(s), including without limitation, in any online media formats and through any social media channels, pages or accounts) for the sole purpose of running the promotion, promoting and celebrating the promotion and future promotions and agrees that the Promoter may assign and/or sublicense the Works to third parties for this same purpose.  Should the Promoter wish to use an entrant’s Works for any other purposes, it will contact the entrant to discuss licensing opportunities.
  1. 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 sub licensees to minor alterations to the Works which may be required for print or display purposes such as resizing and minor colour correction  notwithstanding that such conduct may amount to derogatory treatment of the Works for the purposes of the Copyright Act 1968 (Cth) (Copyright Act). All Entrants consent to attribution by either full name or social media handle in satisfaction of their right to attribution under the Copyright Act.
  1. 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.
  1. 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 remainder of this clause will apply to the fullest extent permitted by law and 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.
  1. 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.
  1. 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.
  1. 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.  Any disclosure of such information will be made as required by law and in accordance with these terms and conditions but no further use of this information will be made without prior consent.

Privacy

  1. The Promoter collects information about an entrant, including for example their name and contact details which they provide when registering or using their services as well as information from data houses, social media services, our affiliates and other entities they deal or interact with for example by using their services.
  1. We collect and use that information to provide entrants with our goods and services, to promote and improve our goods and services, to provide them with targeted advertising based on their online activities, for the purposes described in our Privacy Policy and for any other purposes that we describe at the time of collection.
  1. We may disclose their information to our related companies, including those located outside Australia.  Any of us may contact an entrant for those purposes (including by email and SMS) at any time.  We may also disclose their information to our service and content providers, including those located outside Australia.  If they do not provide us with requested information we may not be able to provide them with the goods and services they require.
  1. We may disclose their personal information to authorities if they are a prize winner or otherwise as required by law.
  1. Further information about how we handle personal information, how an entrant can complain about a breach of the Australian Privacy Principles, how we will deal with a complaint of that nature, how they can access or seek correction of their personal information and our contact details can be found in our Privacy Policy at www.apnarm.com.au/privacy.

       Suggestions Only - Safety Issues and Tips

  1. Misuse of electricity can cause injury or death. Contestants must not use any indoor lighting products outside and must comply with the manufacturer’s guide to use and safety instructions of all electrical products used.
  1.  Electrical safety is important and therefore must be exercised at all times. Misuse of electricity could lead to disqualification from the competition.
  1. Contestants are responsible for ensuring road safety is not compromised around their display. For information on road safety, contact the local Police station or Council office for information. The Promoter is not responsible for traffic control or traffic gridlock.
  1. Contestants must not use the footpath, electrical poles, or any property outside their boundary for any purpose of the display unless written permission has been obtained from the relevant authorities. Tenants of rental properties should seek permission from their landlord before considering entering their display.
  1. The Promoter recommends entrants secure their Christmas light displays overnight. Security of light displays is the responsibility of the entrant.
  1. Qualified electricians should be contacted for any inspection required to check the safety of an entrant’s display.
  1. The entrant, as the home owner or resident are responsible for their display. Inviting people onto their property increases potential risk of liability to the property owner.
  1. The Promoter accepts no liability or responsibility for any actions or incidents relating to or occurring during the Christmas Lights Competition mat or near the property of any individual entrant.
  1. All entrants must have a Public Liability Insurance Policy that protects the entrant in relation to anything they propose doing as part of their participation in the Christmas Lights Competition.
  1. Contestants should contact their individual insurance provider to get advice on their current policies and cover limits.
  1. The Promoter accepts no responsibility for damage, injury or theft that may occur because of the entrant’s participation in the Christmas Lights Competition.
  1. In the event of rain, wind, storms or hail, lighting displays should be switched off and placed under cover until the weather permits and conditions are safe for lights to operate.
  1. Failing to comply with the Terms and Conditions of the competition may lead to an entrant being disqualified and withdrawal of any prizes awarded.
  1. All entrants acknowledge that the Promoter has the right to publicise and publish his/her name, character and likeness.
  1. All competition winners must avail themselves for a photo if required by the Promoter and acknowledge that the Promoter has the right to utilise publicity photos in any reasonable manner it sees fit without compensation to the entrant.