Lighten the Load Promotion
General Terms and Conditions
SOUTH AUSSIE WITH COSI
South Aussie with Cosi Pty Ltd ABN 55 152 374 340 (SAWC, we, our or us) promotes various competitions (Competitions), including Competitions where the prize is provided by a third-party provider (“Prize Givers”).
These Terms and Conditions set out the general terms and conditions in relation to Competitions. By entering a Competition, you agree to the terms contained in these Terms and Conditions and any Additional Specific Terms set out in the publication or post relating to the specific Competition.
1 ADDITIONAL SPECIFIC TERMS
Additional Specific Terms will be set out in the publication or online post relating to each Competition whether that Competition is promoted through radio, television, posters/flyers, the South Aussie with Cosi website or social media platforms such as Facebook, Instagram or others. Additional Specific Terms will include the following:
- Prize Details;
- Prize Value;
- Competition Eligibility;
- Competition Period;
- Details of how to enter the Competition;
- Date and time the Prize will be drawn/selected; and
- Competition Prize supplier details (the “Prize Giver”)
For each Competition, the Additional Specific Terms are incorporated together with the remaining General Terms set out below form the full terms and conditions which apply to that particular Competition (Additional Specific Terms and General Terms are referred to together as the “Terms and Conditions”).
2 GENERAL TERMS
Unless stated otherwise in the Additional Specific Terms:
- Competitions are open to all residents of South Australia aged 18 years and over (unless specified otherwise in the Additional Specific Terms).
- Where entrants aged under 18 years are permitted to enter a Competition all entrants under the age of 18 must obtain the prior permission of their parent or legal guardian over the age of 18 to enter. The parent or legal guardian may be called to verify consent and may be required to sign a release at the discretion of the promoter. The release will also require the Winner’s parent or legal guardian to accept responsibility for the acts and forbearances of the Winner. The release must include the full name, address and telephone number of the Winner’s parent or legal guardian. Failure to provide such proof, particulars or releases will immediately invalidate the winner’s entitlement to the prize, subject to state legislation.
- There is no entry fee and no purchase necessary to enter a Competition/s; therefore, we won’t ever ask you for your credit card or bank account details.
- Entrants may submit multiple entries to a Competition.
- No further entries to the Competition will be permitted after the closing date/time.
- It is the entrant’s responsibility to ensure that their contact details are correct and we accept not responsibility for errors in contact details or entries not received for whatever reason.
- Any changes to a Competition will be publicised (and where practicable notified to entrants) as soon as possible.
3 SELECTION AND NOTIFICATION OF WINNERS
- We will use software to randomly determine the winner of a Competition (“Winner”), except where the Competition requires the entrant to use an element of skill (“Game of Skill”), for example where entrants are required to make a particular submission such as “say in 25 words or less why you want to ….”.
- Game of Skill Competitions will be judged on the skill, creativity and originality of entrants’ writing by a SAWC judging panel and Winner/s selected accordingly.
- We will publish the Winner’s full name on our website and/or our official social media channels and/or pages (such as Facebook). Only Winner/s will be notified.
- Either a representative of SAWC or the relevant Prize Giver will notify Winners when and where their prize can be collected or where the prize will be delivered for collection by the Winner.
- Winners will generally be notified within 2 business days (and no less than seven (7) days after) of the Winner being drawn/selected.
- Competition Winners’ full names will be announced via our post on any one or more of our media platforms within 30 days of the Competition end date.
- Our decision is final and we will not enter into any communications regarding the result.
- Entrants may only enter in their own name. Entries must include all requested details to be eligible to win.
- We may in our absolute discretion determine that one or more entries are invalid, including subsequently to a Winner being notified or a Winner’s name being announced where it is determined that these Terms and Conditions were breached or not otherwise complied with.
- If for any reason the Competition is not able to conducted as planned, due to causes including but not limited to tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of SAWC which corrupt or affect the administration security, fairness, integrity or proper conduct of the Competition, SAWC reserves the right in their sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Competition, subject to state government legislation.
4 PRIZES AND UNCLAIMED PRIZES
- Prizes cannot be redeemed for cash and are not transferrable or exchangeable.
- It is a condition of accepting the Prize that the Winners agreed to comply with all the conditions of use of the Prize and Prize Giver’s requirements;
- It is a condition of accepting the Prize that the Winners may be required to sign a legal release in a firm determined by us in our absolute discretion.
- We will aim to distribute all prizes in the Competition and will take every reasonable effort to identify and contact an entrant selected as a winner.
- If a person selected as the winner of the prize does not claim the prize within 72 hours or if we have made a reasonable but unsuccessful effort to identify or contact the person, the prize will be forfeited by the Winner and cash will not be awarded in lieu of the Prize. At our discretion we may substitute another person as the Winner of the unclaimed Prize using a subsequent selection.
(f) Where a Prize comprises travel or holiday:
(i) Unless expressly stated in these terms and conditions all other expenses related to the Prizes become the responsibility of the Winners and their nominated companions. All costs associated with the Prizes which are not expressly stated in these terms and conditions to be included, become the responsibility of the Winners and their nominated companions, including but not limited to additional cost for food, beverage and transportation;
- Once accommodation is booked and confirmed it is non-changeable. A credit card imprint or cash deposit may be required from each Winner at check-in to the chosen hotel, for incidental charges;
- Flights leave from the designated airports only, subject to airline and flight availability and return flight must arrive to the same designated airport;
- Travel arrangements in Australia or the destination to and from the Airport do not form part of the Prize and are the responsibility of the Winners;
- Unless otherwise stated, the Prize does not include travel insurance, passports, visas, meals, taxes not included in the price of the ticket, ground transportation, flights, accommodation or any other costs of a personal nature. The Winners and their travelling companion (where applicable) must travel on the same flights as each other;
- Flights and accommodation are subject to availability at the time of booking and are non-transferable and cannot be exchanged for other destinations. Any alterations to confirm flight and/or accommodation details will be at the expense of the Winners. All accommodation, flight and airport Prize elements are subject to Prize Giver and other prize suppliers booking condition and availability;
- Air tickets are available on the regular scheduled services of the airline and are subject to seasonal embargos. Flight itinerary may have to be adjusted depending on the airline’s departure city and their current flight schedule. Once airfares are booked and confirmed the Winner cannot make any changes;
- We make no representation as to the safety, condition or other issues that may exist at any destination. International travel advice can be obtained from various sources including government, local consular offices and the website of the Australian Department of Foreign Affairs and Trade. Compliance with any health or other government requirements is the responsibility of each Winner and companion. Prize travel is subject to airline’s General Conditions of Carriage;
- In the event that an element of a product Prize is, for any reason cancelled, postponed or not available, that element of the Prize will be considered as forfeited and no cash alternative offer will be granted in lieu of the part of the Prize. The Winners will have no claim to the element of the Prize that is no longer available.
- The Prizes cannot be exchanged for cash. Any part of the Prize not redeemed will be forfeited. In the event that a Prize is not utilized before expiration, the Prize will be forfeited, and no compensation will be provided to the Prize Winners.
- Dates and schedules of the prizes are not under the SAWC’s control and are subject to change. We take no responsibility for any date or schedule changes, and the Winner forfeits the prize in the event that utilisation of the prize is not possible due to changed dates.
(g) Where the prize comprises alcohol, SAWC encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the Australian guidelines to reduce health risks from drinking alcohol, i.e. no more than two standard drinks on any day. A full version of the Guidelines is available at http://www.nhmrc.gov.au/_files_nhmrc/file/publications/synopses/ds10-alcohol.pdf. Participation in this Competition is subject to relevant liquor legislation in each State, Territory or Country, including responsible service of alcohol.
- By entering the Competition, the Winner agrees to the use of their name, image and entry in marketing material.
- Our Competitions are in no way sponsored, endorsed or administered by, or associated with, Facebook or any other social media platform.
7 INTELLECTUAL PROPERTY
- All entry details remain the property of SAWC.
- Game of Skill Competition entrants warrant:
- their entry is original and entirely their own work, does not infringe any existing copyright, moral rights or any other rights of any third party and contains nothing obscene, libellous, unlawful, defamatory or anything which SAWC and/or Seven may otherwise deem to be inappropriate; and
- entry is unencumbered and unrestricted, with full first publication rights available to SAWC and the Seven.
8 Copyright in entries submitted to game of skill competitions remain with the Game of Skill entrant save as follows:
- by submitting an entry, all competition entrants agree to grant SAWC a perpetual and non-exclusive licence to use, publish, distribute, broadcast and sub-licence the entry in any way whatsoever including but not limited to, marketing, publicity and promotion, public performance, public display, publishing, reproduction, communication to the public, amendment, abridgement, or modification of the entry or any part of the entry, transmission and distribution of the entry or any part of the entry on and through any website, app or other digital product associated with them, and/or any newspaper or other publication published or owned by the broadcaster of the program (South Aussie with Cosi) Seven Network (Operations) Limited, its related bodies corporate and/or its partners in its different present and future forms, talking book, podcast, audio download, audiobook, electronic databases, e-paper, mobile device application, electronic media or website, including mobile form or any other facsimile or derivative versions in any medium and acknowledge that they will not be entitled to any fee for such use and the entrant or their agents will clear the necessary rights for such publication and distribution.
9 LAW AND LIABILITY
- These Terms and Conditions are governed by and shall be construed in accordance with the laws in force in the state of South Australia.
- It may be a condition of accepting the prize that the winner be required to sign a legal release in a form determined by SAWC or the Prize Giver in its absolute discretion.
- We will not be liable for any circumstances in connection with the Competition which are beyond our reasonable control, including cancellation or postponement of the Competition and/or the prize, for any reason including but not limited to the COVID 19 pandemic, vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism.
- We will not be liable for any loss or other damage (whether those other damages are referred to as direct, indirect, consequential, special or otherwise) sustained in the acceptance or use of the prize nor shall we be liable for any act or omission, negligent or otherwise.
- If any circumstances in connection with the Competition occur which require some action by us, we may take such action as is reasonable in response as we in our absolute discretion determine.
- We are only bound by the terms set out or referred to in these Terms and Conditions in respect of the Competition.
- SAWC and its associated agencies and companies will take no responsibility for prizes damaged or lost in transit, or late, lost or misdirected mail (including email).
- SAWC and its associated agencies and companies will not be liable for any misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur:
- during entry to the Competition and/or the Prize draw/selection;
- in the acceptance, participation or use of any element(s) of the prize;
- whilst undertaking any travel won or connected with entry to the Competition;
- any variation in prize value to that stated in these Terms and Conditions that is not due to an intentional error by us and/or our agencies and affiliates;
- as a consequence of late, lost or misdirected mail (including email) or other issues relating to information technology, internet or mobile communications;
- due to any change in these Terms and Conditions or any change in programming, scheduling or production of broadcast material;
- due to the broadcast of any program relating to the Competition or the publication of any material, including any statements made by any compere, staff member, journalist, other entrants or any other person; or
- arising from or related to any problem or technical malfunction of any telephone network or lines or mobile communications network related to or resulting from participation in this promotion.
- SAWC and their associated agencies and companies assumes 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, subject to state government legislation.
- SAWC, the Prize Giver and all Competition entrants indemnify and hold harmless the social media platform on which the Competition is carried out (including but not limited to Facebook and Instagram) for any and all claims brought against SAWC or Competition entrants as a result of SAWC carrying out the Competition.
- SAWC, the Prize giver and all Competition entrants indemnify and hold harmless the broadcaster of the program (“South Aussie with Cosi”), Seven Network (Operations) Limited (“Seven”) against any and all claims brought against SAWC or Competition entrants as a result of SAWC carrying out the Competition.
- The Promoter is South Aussie with Cosi Pty Ltd (ABN 55 152 374 340) of c/- WRP Legal & Advisory, Level 1, 153 Flinders Street, Adelaide SA 5000.
- The South Aussie with Cosi television program is broadcast on Channel 7 in Adelaide by Seven Network (Operations) Limited (“Seven”). Competitions may be advertised or promoted on Seven during the program broadcast and other Seven programs from time to time. All Competitions conducted by SAWC are independent of Seven.