Pink Test Promotion Terms and Conditions

In these terms and conditions:

(a)        Promotion means the game of chance described in the Schedule attached to these terms and conditions (Schedule); and

(b)        The following terms will have the meaning given to them in the Schedule:

Back-Up Date Promotion Partner(s)
Entry Steps Promotion Period
Excluded Jurisdiction(s) Special Conditions
Maximum Notional Value Winner Determination Date
Prize Winner Selection Process
Prize Claim Cut-Off Time  

 

These terms and conditions (including the Schedule) contain important information about the Promotion and you should read them carefully before entering the Promotion.  Any Special Conditions in the Schedule apply in addition to the provisions set out below. If there is a conflict between a Special Condition and any of the provisions set out below, the Special Condition will prevail.

PRELIMINARY

  1. Information on how to enter the Promotion forms part of these terms and conditions of entry. Entry to the Promotion is deemed to constitute acceptance by the entrant of these terms and conditions.
  2. This Promotion is a fundraising appeal to be conducted to raise funds for the benefit of the McGrath Foundation Ltd (“Promoter”) of 32 Walker Street, North Sydney NSW 2095 (ABN 23 115 566 624).
  3. The Promoter is a charity registered as follows:
    1. In the ACT under the Charitable Collections Act 2003, Licence number 19000031;
    2. In NSW under the Charitable Fundraising Act 1991, Authority number 18455;
    3. In South Australia under the Collections for Charitable Purposes Act 1939, Licence number CCP1144;
    4. In Tasmania, Approval to solicit for charitable donations under the Collections for Charities Act 2001;
    5. In Victoria a registered fundraiser number 10596.15 under the Fundraising Act 1998; and
    6. In Western Australia under the Charitable Collections Act 1946, Licence number 20665.
  4. The Promotion commences at the beginning of the Promotion period and closes at the end of the Promotion period.
  5. Entry into the Promotion is open to Australian residents only, excluding:
    1. residents of any excluded Jurisdiction;
    2. directors, management, agents and employees (and their immediate family members) of the Promoter, any Promotion Partner, and the related bodies corporate of each of them; [and
    3. registered travel companions of employees of the Promoter, any Promotion Partner and its related bodies corporate, (Eligible Entrants). Any entry received from any person who is not an eligible entrant will be deemed invalid.

Immediate family members” 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.

  1. If an entrant is under 18 years of age s/he must first obtain the consent of their parent or legal guardian before entering the Promotion.
  2. In this Promotion there will be one winner only per prize for Schedule 1 and 12 winners for Schedule 2. Each entry by an eligible entrant will have a chance to win the Prizes.
  3. The winner of the Promotion will be determined according to the Winner Selection Process.
  4. The Promoter and the Promotion Partners accept no responsibility for any kind of loss or liability suffered or incurred by any of the entrants in relation to the Promotion. Each entrant releases the Promoter, the Promotion Partner(s) and the related bodies corporate of each of them, together with the officers, employees, contractors and agents of each such entity (released parties), from all liabilities, claims, loss and damage of any kind arising at any time out of or in connection with participation in the Promotion. Without limiting the foregoing, the released parties will not be liable for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind, howsoever sustained or incurred, in connection with or arising out of the Promotion or the Prize.
  5. Foundation’s Website means the website located at www.mcgrathfoundation.com.au, or any third party fundraising platform used, replacement or successor website.

HOW TO ENTER

  1. To enter the Promotion, an Eligible Entrant must complete the entry steps within the Promotion Period. Any valid entry to the Promotion submitted by an Eligible Entrant in accordance with these terms and conditions will be an “Entry”.
  2. Incomplete or incomprehensible entries will be deemed invalid.
  3. Multiple entries are permitted. Each Eligible Entrant may enter the Promotion more than once.
  4. The Promoter is not responsible for any technical malfunction of any communications network or any late, lost, incorrectly submitted, delayed, ineligible, incomplete, corrupted or misdirected entry whether due to error, transmission interruption or otherwise.
  5. The Promoter reserves the right, at any time, to verify the validity of entries and the eligibility of entrants (including the entrant’s identity, age and place of residence), and to disqualify any entrant who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  6. The cost of accessing the promotional website will be dependent on the entrant’s individual Internet Service Provider.

PRIVACY

  1. The Promoter collects personal information about you to enable you to participate in this Promotion. The Promoter collects and deals with personal information in accordance with the Privacy Act 1988 (Cth) and in accordance with its Privacy Policy which can be viewed at http://www.mcgrathfoundation.com.au/PrivacyPolicy.aspx. By entering the Promotion you consent to the Promoter using any personal information you provide in connection with the Promotion for the purposes of facilitating the conduct of the Promotion and awarding any prizes.  Such use may include, without limitation:
  • disclosure of your personal information to any Promotion Partner and any applicable statutory authority, such as State and Territory Lottery Departments; and
  • if you win a prize, publication of your name as required under relevant laws.

The Promoter may also use information provided by you in connection with the Promotion to contact you about news, events and general information in relation to the organisation.  No other further use of this information will be made without your prior consent.  A request to access, update or correct any information should be directed to the Promoter at the address given above.

DETERMINING AND NOTIFYING THE WINNER(S)

  1. The winner of the Promotion will be decided at 12:00pm (AEST) on the Winner Determination Date, in accordance with the Winner Selection Process.
  2. The result of the Winner Selection Process, and any decision of the Promoter in relation to any aspect of the Promotion, is final and binding on each person who enters the Promotion. No correspondence will be entered into.
  3. The winner will be notified in writing by email (using the details provided by that person at the time of entering the Promotion) within 2 business days after the Winner Determination Date, and their name(s) will be published on the Promoters website (mcgrathfoundation.com.au) and at the Promoters premises for 7 days after the Winner Determination Date.
  4. A winner is responsible for ensuring that his/her details provided to the Promoter at the time of entering the Promotion are accurate and up to date. The Promoter takes no responsibility for inaccurate or incomplete details provided in relation to an entrant in the Promotion.
  5. In the event of any entrant being unable to satisfy these terms and conditions or forfeiting or not claiming the Prize by the Prize Claim Cut-Off Time, the Promoter may, on the Back-Up Date, take such steps as it deems necessary in order to award such unclaimed Prize to an alternate winner, in accordance with the Winner Selection Process (subject however to any written directions given under applicable law).
  6. Any second round Prize winner will be notified in writing by email (using the details provided at the time s/he entered the Promotion) within 2 business days following the second round award of the Prize, and his/ her name will be published on the Promoters website (mcgrathfoundation.com.au) and at the Promoters premises for 7 days after the second round award of the Prize.

PRIZE

  1. The Maximum Notional Value of the Prize may vary, depending upon whether and how the Prize is used. The notional value of the Prize is correct as at 14/11/2018 but the Promoter takes no responsibility for any variation in the Maximum Notional Value of the Prize. The estimate of the Maximum Notional Value of the Prize is provided for information only.
  2. None of the Promoter or any Promotion Partner will have any responsibility whatsoever for any change in value of the Prize occurring between the Winner Determination Date and the date the Prize is claimed.
  3. The Prize is awarded and must be redeemed, in accordance with and subject to these terms and conditions, the Special Conditions (if any), and any other terms and conditions disclosed at the time of redemption (including but not limited to expiry rules). It is a condition of accepting the Prize that the winner must comply with all conditions of use of the Prize and all requirements of the Prize supplier.
  4. The redemption of the Prize is subject to the availability.
  5. The winners will be responsible for all taxes, fees and other charges of any kind applying to the redemption of their Prize. Applicable taxes, fees and other charges may vary and are subject to change without notice.
  6. Compliance with any government requirements relating to Prize redemption is the sole responsibility of the winner.
  7. No responsibility is accepted by the Promoter or any Promotion Partner for late, lost or misdirected entries. The Prize must be taken as stated and no compensation will be payable if a winner is unable to use the Prize as stated.  The Prize is not exchangeable or redeemable for cash or other goods or services.  The Prize cannot be transferred to any other person unless agreed to by the Promoter and permitted under any Special Conditions.
  8. If a Prize winner is under the age of 18, then before s/he can claim his/ her Prize, s/ he must obtain consent from their parent or legal guardian to do so,
  9. In the event any Prize winner does not claim his/ her Prize by the time stipulated, then the entire Prize will be forfeited by that winner and cash will not be awarded in lieu of the Prize.
  10. Unless expressly stated in these terms and conditions, all expenses connected with redemption of the Prize are the responsibility of the Prize winner including but not limited to meals, spending money, transportation, drinks, incidentals, accommodation, optional activities or excursions and all other ancillary costs.
  11. By entering the Promotion and by claiming the Prize, the winner acknowledges and accepts that any activities comprising the Prize may be inherently dangerous and may result in death, injury, incapacity, damage to property or other losses. The Promoter and the Promotion Partners are not responsible for any acts of God, adverse weather conditions or industrial action or civil commotion that may occur whilst the winner is redeeming the Prize. None of the Promoter or any Promotion Partner guarantees that any Prize winner will enjoy his/ her Prize or be suited to the type of prize offered.
  12. The Promoter reserves the right to request any winner to:
    1. sign a winner’s deed of release or any other relevant forms or agreements that the Promoter deems necessary; and
    2. provide proof of identity, proof of age, proof of residency and/or proof of entry validity,

in order to claim his/ her Prize. Proof of identification, residency, age 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 his/ her Prize in whole and no substitute will be offered.

  1. If the Prize is unavailable for any reason, the Promoter reserves the right to substitute the Prize for a prize of equal or greater value, subject to applicable laws. Cash will not necessarily be awarded as a substitute.

GENERAL

  1. The Promoter reserves the right to disqualify any entrant who the Promoter has reason to believe has breached any of these terms and conditions, or engaged in any unlawful or improper misconduct calculated to interfere with the fair and proper conduct of the Promotion. The Promoter reserves all legal rights to recover damages or other compensation from such an offender.
  2. Without limiting the preceding paragraph, any entrant to the Promotion who is found to:
    1. have used a third party (including online competition entry site) to enter on their behalf; or
    2. be entering incorrect contact details, including incorrect email contact details,

(each an “Unauthorised Activity“), will have all his/ her entries, and any claim s/he has to the Prize, invalidated. If an entrant is awarded the Prize and then found to have undertaken any Unauthorised Activity, the entrant must immediately return that Prize. The Promoter has sole discretion to determine if any Unauthorised Activity has taken place. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if an entrant has undertaken any Unauthorised Activity, and entrants must promptly supply such documentation upon request.

  1. Entry details remain the property of the Promoter. Unless a winner otherwise notifies the Promoter at the time of claiming his/ her Prize:
  • the name and photograph of the winner may be used for promotional purposes by the Promoter; and
  • the winner agrees to participate and co-operate as required in all editorial activities relating to the Promotion, including but not limited to being interviewed and photographed;
  • the winner grants the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide, including online social networking sites, and the winner will not be entitled to any fee for such use.
  1. If for any reason this Promotion is not capable of running as planned, including (but not limited to) due to illness, death, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, the Prize becoming unable to be claimed or donated or any other causes beyond the control of the Promoter, which corrupt or affect the administration security, fairness or integrity or proper conduct of this Promotion or the awarding of the Prize, the Promoter reserves the right in its sole discretion to take any action that may be available, and to cancel, terminate, modify or suspend the Promotion or substitute another Prize, subject to any direction given under applicable State or Territory lottery/ gaming permit regulations, or State or Territory fundraising laws.
  2. In the case of the intervention of any outside agent or event which naturally changes the result of the Promotion or prevents or hinders its determination, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes; the Promoter may in its absolute discretion cancel the event and recommence it from the start on the same condition subject to applicable laws.
  3. To the maximum extent permitted by law, the Promoter, the Promotion Partners and the related bodies corporate of each of them, together with the officers, employees, contractors and agents of each such entity, are not responsible and exclude all liability for any losses, damages, expenses, costs, personal injuries or death (Damages) arising out of or connected with this Promotion, the promotion of this Promotion or the taking or using of any Prize or part of it (including but not limited to any breach of these terms and conditions), whether the Damages arise in contract, tort (including negligence) or under any other common law, equitable or statutory doctrine or theory of liability whatsoever.  In this paragraph, “Damages” include but are not limited to direct, indirect, special and consequential loss, loss of profits or opportunity, and loss or damage that cannot reasonably be considered to arise naturally and in the ordinary course of things, even if such loss or damage was in the contemplation of the Promoter or any other party.
  4. If any act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions, the Promoter will not be liable for any failure to perform or delay in performing its obligations and the Promoter reserves the right (subject to any applicable law) to cancel, terminate or modify or suspend this Promotion.
  5. The Promoter accepts no responsibility for any tax implications that may arise from a winner accepting the Prize. Independent financial advice should be sought.
  6. Any entries from Western Australia and South Australia will be deemed invalid. Authorised under NSW Permit No. LTPS/18/29922 Donate and Win / McGrath Foundation Ltd and under ACT Permit No. TP 18/02282 Donate and Win / McGrath Foundation

SCHEDULE 1.

 

Name of Promotion Donate Now and Win
Description of Promotion Viewers of the Sydney Domain Pink Test between Australia and India will be encouraged to donate via the pinktest.com.au website to go in the draw to win.
Back-Up Date 22/06/2019 when unclaimed prizes will be awarded to alternate winners.
Entry Steps Entrants need to visit the pinktest.com.au website, make a minimum donation of $10 and register their details including (but not limited to) name, mailing address, phone number and e-mail address.
Excluded Jurisdiction(s) South Australia
Maximum Notional Value Maximum notional value of 500,000 Qantas Points is $12,584.
Prize 500,000 Qantas Points.

and “Prize” (in the singular) will mean any and all of the prizes described above.

Prize Claim Cut-Off Time 12.00pm (AEST) 21 June 2019
Promotion Partners Qantas Airways Limited (ABN 16 009 661 901) (Qantas), Cricket Australia (ABN 53 006 089 130) (CA)
Promotion Period From:     12.01am (AEST) on 01 December 2018

To:          11.59pm (AEST) on 11 January 2019

Special Conditions Qantas Points may take up to 28 days to be credited to the winner’s account from the date the winner provides their details to the promotor.

 

If the winner is not already a member of the Qantas Frequent Flyer program, membership to the Qantas Frequent Flyer program, normally valued at $89.50, will be included in their prize. To accept this part of the prize, the winner must not already be a member of the Qantas Frequent Flyer program, and must complete the standard join process including agreeing to the Terms and Conditions of the Qantas Frequent Flyer program (available at qantas.com/terms).

 

The total maximum notional value of the Prize is AU$12,673.50 based on a sample of the Qantas Frequent Flyer Awards and Rewards that could be obtained by redeeming the Prize through the Qantas Frequent Flyer Program (as more fully defined in the terms and conditions of the Qantas Frequent Flyer Program available at qantas.com/terms).

 

For example, 480,000 Qantas Points could be redeemed for eight return Economy Qantas Points Plus Pay- Flights from Sydney to Hong Kong (subject to availability) including applicable taxes, fees and carrier charges. As at 14 November 2018, the dollar fare for an equivalent commercial return way Economy flight totals AU$1,573. Eight return Economy Qantas Points Plus Pay Flights from Sydney to Hong Kong equates to AU$12,584. The Qantas Frequent Flyer membership provided to the winner if they are not already a member, valued at $89.50, brings the total estimated prize pool to AU$12,673.50.

 

The estimate of the total maximum notional value of the prize is provided for information only. The maximum notional value of the prize will vary depending on whether and how it is redeemed by a winner through the Qantas Frequent Flyer program. The Promoter accepts no responsibility for any variation in the maximum notional value of the prize.

 

The Promoter, Qantas or CA will not have any responsibility whatsoever for any change in value of a prize occurring between the date the winner is published and date the prize is claimed.

 

The prize is awarded and must be redeemed, in accordance with and subject to these terms and conditions, the terms and conditions of the Qantas Frequent Flyer Program and the Qantas store terms of use, if relevant, voucher terms and conditions (including expiry rules), if relevant and any other terms and conditions disclosed at the time of redemption.

 

The redemption of the prize is subject to the availability of Awards that may be obtained through the Qantas Frequent Flyer Program.

 

In the event the prize is redeemed for reward travel, the winner should be aware that the number of reward flight seats available is limited and availability depends on the flight, date, season and destination and some flights may not have any award seats available. The winner will be responsible for all applicable taxes, fees and carrier charges of award travel or accommodation booked by redeeming their prize. Taxes, fees and carrier charges vary depending on departure points, routes, exchange rates and dates of travel, are subject to change without notice and are quoted at the time of booking. Reward flights must be booked 24 hours before scheduled departure, unless you are booking on www.qantas.com where you can book up to 2 hours before departure for domestic flights or up to 4 hours before departure for international flights. Some locations require earlier advance booking (and other advance booking requirements may apply). Reward travel is subject to the fare rules and the Conditions of carriage of the relevant carrier. Compliance with immigration, health or other government requirements is the responsibility of the winner.

 

No responsibility is accepted for late, lost or misdirected entries

 

The prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated. The prize is not exchangeable or redeemable for cash or other goods or services. The prize cannot be transferred to any other person unless agreed to by the Promoter and permitted under the Terms and Conditions of the Qantas Frequent Flyer program (and only to the extent permitted, if any). No compensation will be payable if a winner is unable to use the Prize as stated.

 

Entry to the venue is subject to Cricket Australia’s terms of entry.

Winner Determination Date 12:00pm (AEDST) on 11 January 2019 for the Main Prize
Winner Selection Process The draw to determine the winner of the Prizes will take place at the Promoter’s offices –32 Walker Street North Sydney, NSW, 2059. The winners will be determined by an automated random draw of all eligible entries. There will be two winners only.
Prize Redemption The redemption of the prize is subject to the availability of Awards and Rewards that may be obtained through the Qantas Frequent Flyer Program.

 

SCHEDULE 2.

 

Name of Promotion Donate Now and Win
Description of Promotion Viewers of the Sydney Domain Pink Test between Australia and India will be encouraged to donate via the pinktest.com.au website to go in the draw to win.
Back-Up Date 6/01/2019 when unclaimed prizes will be awarded to alternate winners.
Entry Steps Entrants need to visit the pinktest.com.au website, make a minimum donation of $10 and register their details including (but not limited to) name, mailing address, phone number and e-mail address.
Excluded Jurisdiction(s) South Australia
Maximum Notional Value Maximum notional value of The Priceless Australian Men’s Cricket Team Experience for 12 children is $7,044.
Prize The chance to win one of 12 – Priceless Australian Men’s Cricket Team Experiences for a child and guardian.  and “Prize” (in the singular) will mean any and all of the prizes described above.
Prize Claim Cut-Off Time 12.00pm (AEST) 5 January 2019
Promotion Partners MasterCard Asia/Pacific Pty Ltd (Australia and New Zealand), (ABN 95 108 603 345) (MasterCard), Cricket Australia (ABN 53 006 089 130) (CA)
Promotion Period From:     12.01am (AEDST) on 01 December 2018

To:          11.59pm (AEDST) on 4 January 2019

Special Conditions The chance to win one of 12 – Priceless Australian Men’s Cricket Team Experiences for a child and guardian.  (Value approx. $7,044.00).

The opportunity for a total of 12 children to join the Australian Men’s Team on the pitch for the anthem ceremony at the One Day International on 12th January 2019 at the SCG.

Child Mascot experience includes:

Participate in the Guard of Honour for the Australian team and join a Behind The Scenes tour:

12.50pm Coin Toss

1.20pm Match start

2pm Meet winners and parents. Start Behind the Scenes Tour

5pm On standby for Guard of Honour

5.35pm Guard of Honour

5.45pm Kids returned to parents

 

Behind the Scenes Tour to include:

·         Visit to the SCG museum

·         Close view of the Australian Team View Area

·         Photo in the Gatorade drinks buggy

·         Close view of the practice nets

 

Prize inclusions:

·         F&B ($60 per guardian/child)

·         Mascot uniform ($150 per uniform)

·         Gold category ODI ticket for child and guardian ($120 per ticket)

 

·         Subject to availability, tickets for each child and their parent or guardian

·         Subject to availability, access to a changing area for the children to get changed

·         Branded clothing (the be provided at Property’s cost)

·         Subject to security and accreditation requirements, the opportunity for the child to be photographer at the experience

·         Date of Asset: SCG One Day International on 12th January, 2019

·         The total value of the Child Mascot Asset is $7,044.00 AUD

·         No travel or accommodation is included

·         Children need to be under the age of 16 years of age

The Priceless Australian Men’s Cricket Team Experience for 12 children is as stated and nothing else is included.

Winner Determination Date 12:00pm (AEST) on 05 January 2019
Winner Selection Process The draw to determine the winner of the Prizes will take place at the Promoter’s offices –32 Walker Street North Sydney, NSW, 2059. The winners will be determined by an automated random draw of all eligible entries. There will be two winners only.