Health and Wellbeing Queensland
Gold Coast Marathon 2023 Promotion
- Information on how to submit an entry and the usage of submitted entries will form part of these Terms and Conditions. Participation in this promotion is deemed as acceptance of these Terms and Conditions.
- The promotion is only open to “Eligible Entrants”. An Eligible Entrant is a person who:
- is at least 13 years old at the time of entry;
- if under the age of 18 at the time of entry, has obtained permission to enter this promotion from a parent/legal guardian and the parent/legal guardian has read and agrees to these Terms and Conditions;
- is a Queensland resident; and
- submits their entry into this promotion in accordance with these Terms and Conditions.
- Individuals must have internet access to enter.
- To submit an entry, entrants must complete the following steps during the Promotion Period:
- Follow Health and Wellbeing Queensland (@healthandwellbeingqld) on Instagram;
- Leave a comment on the competition post stating their favourite place to be active;
- Agree to be subscribed to the Health and Wellbeing Queensland mailing list; and
- Acknowledge and accept these Terms and Conditions.
- Parents/guardians of Eligible Entrants under 18 years old may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion and agreement to these Terms and Conditions prior to the minor entering this promotion or collecting or accepting the prize.
- Employees and directors of the Promoter, its related bodies or its suppliers, contractors or agents associated with this promotion, or of any benefiting organisation, are not eligible to enter, nor are their immediate families. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child, or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or first cousin.
- The Promoter is Health and Wellbeing Queensland (ABN 95 443 756 818) of Ground Floor, 139 Coronation Drive, Milton Green, Milton, Queensland 4064 and PO Box 1419, Milton QLD 4064, phone 0467 830 979.
- Promotion commences at 17:00 AEST on Thursday 18 May 2023 and ends at 20:00 AEST on Thursday 22 June 2023 (Promotion Period). No entries will be accepted after the end of the Promotion Period.
- There will be ten prize winners. Each prize consists of one complimentary entry into a race of the winner’s choice ($180 RRP). The total prize pool is valued at $1,800.
- The prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize, or any element of it, as stated. The Promoter reserves the right to substitute the prize in whole or in part for something of equal or greater value in the event that any component of the prize is unavailable (subject to any applicable legislation). The Prize is not transferable, deferrable, exchangeable, or redeemable for cash or product. The prize cannot be sold to any other person (including by online auction or private sale). Unused portions of prizes will be forfeited, and no compensation will be payable in lieu of that element of the prize.
- If a winner is under the age of 18 years, the prize will be awarded to the winner’s nominated parent/legal guardian on the winner’s behalf.
- Before the prize is awarded, entrant selected as the winner (or parent/legal guardian if aged under 18 years) may be required to sign a release and indemnity agreement, the terms of which will be determined by the Promoter in its absolute discretion. Failure to sign the release and indemnity agreement will result in disqualification from eligibility to win the prize.
- All entries become the property of the Promoter.
- The draw will take place at the Promoter’s premises at the address in clause 7, no later than 19:00 AEST on Thursday 22 June 2023 to select a prize winner from all the Eligible Entrants. Winners will be notified by direct message.
- All entries are subject to review by the Promoter for compliance with these Terms and Conditions. The Promoter reserves the right to disqualify any entries at its absolute discretion. For example, the Promoter reserves the right to disqualify (a) entries that contain prohibited or inappropriate content, material that contravenes an applicable law or infringes any third party’s rights, or are otherwise in breach of these Terms and Conditions, (b) any entrants or entries that tamper with, or attempt to tamper with the entry process, (c) entries that are incomplete or indecipherable, (d) entries containing false information or incorrect contact details, and (d) any entries that the Promoter considers inappropriate for any reason.
- Only one entry per person is allowed and must be in accordance with entry requirements.
- The Promoter reserves the right, at any time, to verify the validity of entries and the details provided by entrants (including an entrant’s identity, age, and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
- Each entrant indemnifies and will keep indemnified the Promoter in relation to all loss and damage whatsoever which is suffered (including but not limited to indirect or consequential loss) by the Promoter as a direct or indirect result of the entrant acting inconsistently with or breaching any part of these Terms and Conditions.
- Entrants consent to the Promoter using their name, likeness, image and/or voice in the event their submission is chosen for use (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
- If this promotion is interfered with in any way or is not capable of being conducted as planned due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; (b) to select a winner from eligible entries already received at the time; or (c) to modify, suspend, terminate or cancel the promotion, as appropriate, subject to any applicable legislation.
- Nothing in these Terms and Conditions limits, excludes, modifies, or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any death, personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of or in connection with the promotion, including the awarding, provision or use of the prize.
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference.
- The Promoter does not accept any responsibility for late, lost, incomplete, incomprehensible, incorrectly submitted, delayed, illegible, corrupted, or misdirected entries, claims or correspondence, whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. Entries are deemed to be received at the time of receipt recorded in the Promoter’s database or promotion system.
- The Promoter is not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination of these, or any other technical failures including any damage to an entrant’s (or any other person’s) mobile handset or computer related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion. Entrants acknowledge that the Internet is not a secure medium, and that the Promoter is not responsible for the security of on-line entries.
- The Promoter collects personal information in order to conduct the promotion and send the entrant Health and Wellbeing Queensland newsletters and other correspondence, and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, the State of Queensland, service providers, media and advertisers, and the relevant Queensland regulatory authority. Entry is conditional on providing this information. If an entrant does not provide the information requested, they may not be able to enter the promotion. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update, or correct information to the Promoter.
- Prize winners will be provided with a unique custom code via direct message. This code grants them one complimentary entry into a race of their choice. The Promoter accepts no responsibility for any damaged, lost or misdirected message, mail or email.
- If an entrant’s contact details change, it is the entrant’s responsibility to notify the Promoter in writing. The Promoter will use reasonable efforts to contact an entrant selected as a prize winner but accepts no responsibility if the entrant cannot be contacted. If the prize winner cannot be found, the Promoter will publish that fact on the Promoter’s Instagram account.
- The prize winner will be published on the Promoter’s Instagram account.
- This promotion is in no way sponsored, endorsed or administered by, or associated with, Meta (Facebook or Instagram). Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Meta. Entrants release, and Meta will not be liable for, any loss or damage or personal injury which is suffered or sustained by an entrant, in connection with the promotion, except for any liability which cannot be excluded by law.
- The Promoter’s decision on all aspects relating to this promotion is final and no correspondence will be entered into. However, the Promoter will consider any dispute regarding the conduct of the promotion or claiming a prize and endeavour to resolve the dispute.
- For further information on these Terms and Conditions, please contact email@example.com.