1. Information on how to enter this promotion and the prize to be won forms part of these Terms and Conditions. By participating, entrants ("you") agree to be bound by these Terms and Conditions. Entries must comply with these Terms and Conditions to be valid.

 

2. The competition opens at 9:00 am on Monday 28 February 2022 and closes at 4:00pm on Monday 7 March 2022. (“Promotional Period”). All times are AEDT as applicable in Melbourne.

 

3. Entry is exclusively via Instagram.

 

To enter:

1. Upload your favourite memory at Seven Sisters Festival to your personal Instagram

2. Your page must be on the public setting

3. Tag @sevensistersfestival

 

4. Incomplete, indecipherable, or illegible entries will be deemed invalid. Promoter reserves the right to disqualify Entries which are inappropriate or offensive.

 

5. . This is a game of skill and chance plays no part in determining the winners. All Entries will be judged individually on their merits based on creativity, originality, literary merit and suitability by a panel of judges. The best valid Entry, as determined by the judges will receive a Prize. All entrants acknowledge and agree that there is an element of subjectivity in the judging criteria. All decisions by the judges are final and no correspondence will be entered into. Entrants irrevocably agree not to challenge the results of the competition or any decision made by the judges.

 

6. There will be (1) prize of 2 x tickets to Seven Sisters Festival 2022 to be won during the Promotional Period. The total prize pool value (“Prize”) is AU$820.10

 

7. This Prize is valid until 11.59 PM on 10.10.22.

 

8. The tickets must be used for Seven Sisters Festival 2022, unless organised and confirmed in writing with the event organisers.

 

9. The competition winners will be notified twice via direct message through Instagram and via a comment on the competition post by midnight on Monday 7 March, 2022. This will include instructions on how to claim their prize. It is the entrant's responsibility to ensure they can receive Instagram direct messages from the Promoter. 

 

10. Winners must contact the Promoter within three (3) calendar days of the day that the notification was issued by the Promoter, and follow the instructions set out in the notification. If for any reason a winner does not take or claim a Prize by the time stipulated by the Promoter, then the Promoter has the sole right and discretion (without the need for further notification) to select an alternative winner based on the criteria in clause 3 the original winner will automatically forfeit the Prize in such an event. If a Prize remains unclaimed or unawarded by Thursday 10 March the Promoter may dispose of the Prize as it sees fit.

 

11. To enter you must be an Australian resident over the age of 18.

 

12. Employees (including contractor staff) of the Promoter and their Immediate Families, and any of the Promotor's agencies, suppliers or contractors associated with this promotion and their Immediate Families, are ineligible to enter. ("Immediate Family" means any of the following: spouse, ex-spouse, de-facto 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.)

 

13. The Promoter reserves the right, in its sole discretion, but shall not be under any obligation, to verify the validity of any entry or any information provided by an entrant (including his or her age, identity, residential address and any other information relevant to entry into, or participation in, this promotion).  If the Promoter, in its sole discretion, carries out any verification, its decision shall be final and you agree not to make any claim or complaint in relation to the same.  The Promoter may, in its sole discretion, disqualify any individual who submits an entry that in the sole opinion of the Promoter is not in accordance with these Terms and Conditions or who provides false information, fails to provide information, conspires with others to gain an unfair advantage or who is otherwise involved in manipulating, interfering or tampering in any way with this promotion, or has engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of this promotion. Errors and omissions may be accepted at the Promoter's discretion.  Entrants agree and acknowledge that the Promoter shall not be obliged to explain or disclose its reasons for disqualification, and that all disqualification decisions made by the Promoter shall be final and not subject to challenge or inquiry. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation are expressly and generally reserved.

 

14. By submitting an Entry, you grant the Promoter, its affiliates and sub-licensees a non-exclusive, irrevocable, perpetual, royalty-free, worldwide licence ("Licence") to use, reproduce, distribute, display, perform, redact, edit, republish, sublicense, translate, copy and create derivative works from your Entry, for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media now known or hereafter developed, without any payment, compensation or further notification to or permission from you.  Pursuant to the grant of the Licence as aforesaid, for the avoidance of doubt you consent to the Promoter, and anyone acting on behalf of the Promoter, doing any act in accordance with the Licence that would otherwise constitute an infringement of any moral or intellectual property rights that you or any other relevant party may have in your Entry.

 

15. 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.

 

16. Entries must be received before the end of the Promotional Period. Entries are deemed to be made at the time of receipt by the Promoter, not the time of posting or transmission by the entrant.  The Promoter accepts no responsibility for any entries not received for any reason (whether or not due to any negligence by the Promoter), including without limitation any technical errors, misdirection or misspellings.

 

17. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images ("Content"). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:

a. they will not submit any Content that is unlawful or fraudulent, or that is in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;

b. their Content shall not contain viruses or cause injury or harm to any person or entity;

c. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;

d. the Content is the original work of the entrant or they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;

e. they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and

f. they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

 

18. Any costs associated with entering this promotion or claiming a Prize are the responsibility of the entrant and under no circumstances whatsoever may a claim be brought against the Promoter for any such costs (whether as damages, loss, expense or otherwise).

 

19. Prizes are subject to the Terms and Conditions and Terms of Service of Seven Sisters Festival. The winner will be required to show ID on entry to the festival. The winner will be responsible for their own transport to and from the Venue and any costs associated.

 

20. If a Prize (or part of a Prize) is unavailable, the Promoter reserves the full right to substitute the Prize with an alternative prize of equal or greater value and/or specification.

 

21. No cash alternative will be offered, and the Prize, or any unused portion of a Prize, is non-transferable.

 

22. If Seven Sisters Festival ceases or suspends operations, including due to the coronavirus known as COVID-19, the tickets will be transferred over to Seven Sisters Festival 2023, or the winner can forfeit the Prize.

 

23. The judging will commence on 4:00pm Monday, March 7 2022 at 1755 Seymour-Tooborac Rd, Glenaroua, Vic 3764. The Promoter’s decision is final and no correspondence will be entered into. The judges may select additional reserve Entries by chance, and record them in order, in case of an invalid Entry or ineligible entrant.

 

24. The winner may not use the Prize in conjunction with any other offer, promotion or prize draw.

 

25. A Prize cannot be resold (at a premium or otherwise) or advertised or offered for resale on the Internet or any other medium.

 

26. The Promoter reserves the right to reject fraudulent entries.

 

27. By entering, the winner gives their permission for their names to be posted on social media.

 

28. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated 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; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.

 

29. Any cost associated with accessing both Facebook and Instagram is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

 

30. Nothing in these Terms and Conditions limits, excludes or 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 States 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) exclude 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 the promotion.

 

31. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) are not responsible for and exclude 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;

c.  any Entry or Prize that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;

d. any variation in prize value to that stated in these Terms and Conditions;

e. any tax liability incurred by a winner or entrant; or

f. use/redemption of a Prize.

 

32.  To the extent permitted by law, the Promoter (including its officers, employees and agents) will not be responsible for any acts of God, acts of terrorism or war (declared or undeclared), state of emergency, disaster, technical failures, tampering, unauthorised intervention, fraud, computer viruses, epidemic, pandemic (including any outbreak or spread of the coronavirus disease known as COVID-19, including any events, circumstances or conditions that may result therefrom) or other events beyond the control of the Promoter which affect the proper conduct or administration of this promotion, or prevent the awarding of a Prize in accordance with these Terms and Conditions.  If such event occurs, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion, subject to any written directions from a relevant regulatory authority.

 

33. As a condition of participating in the promotion, all entrants (whether or not a winner) will indemnify the Promoter, all organisers, sponsors and all other persons and organisations associated in any way with this promotion and its affiliates against all claims, damages, liabilities, costs and expenses (including costs on a solicitor-client basis) which the Promoter and its affiliates may incur arising out of their participation in the Promotion or (if applicable) the Prize, by the entrant, any breach of these Terms and Conditions, or any wrongful or illegal act or omission in the promotion and/or course of participating in the Prize, howsoever caused.

 

34. The Promoter collects personal information ("PI") in order to conduct its business and the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI and if entrants do not provide their PI they will not be eligible to enter this promotion. The Promoter will otherwise collect, hold, use, disclose and handle PI as set out in its Privacy Policy, which can be viewed at https://docs.google.com/document/d/1UrlUH_-aX6Z9vGtW2PQjnI_3i7lXu4GD/edit In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant, and by entering the promotion entrants give their express consent to the use of their PI for these purposes. The Promoter's Privacy Policy also contains information about how entrants may opt out of marketing communications, how entrants may access, update or correct their PI, how entrants may complain about a breach of the Australian privacy laws or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s PI to any entity outside of Australia.

 

35. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the Promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.

 

36. Entry and continued participation in the Promotion is dependent on Eligible Entrants following and acting in accordance with the Instagram Terms of Use, which can be viewed at https://help.instagram.com/478745558852511 This Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Eligible Entrants understand that they are providing their information to the Promoter and not to Instagram. The information an Eligible Entrant provides will only be used for the purposes outlined in these Conditions of Entry. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Instagram.

 

37. The laws of Victoria, Australia apply to this promotion to the exclusion of any other law.  Entrants submit to the exclusive jurisdiction of the courts of Victoria, Australia.

 

38. The promoter is Seven Sisters Festival (“Festival”), presented by Seven Sisters Family Trust, ABN 731 354 577 848 of 1755 Seymour-Tooborac Rd, Glenaroua, Vic 3764 (“Promoter”).