Australian Defence Force – Navy Patrol Boat Promotion

CONDITIONS OF ENTRY

1. Information on how to enter and prizes form part of these Conditions of Entry. By entering, entrants accept these Conditions of Entry.
2. Entry is only open to residents of Victoria, N.S.W and Queensland only. Entrants must be aged between 16 and 30 years of age. The following persons are ineligible to enter:
   • management, and employees of the Promoter;
   • permanent and reserve members of the Australian Defence Force (ADF);
   • directors, management and employees of companies, agencies and suppliers of the Promoter; and
   • immediate family members of any of the above persons. 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, grand-parent, step-grandparent, uncle, aunt, nephew, brother, sister, step-brother, step sister or 1st cousin.
3. Entries are limited to one per person throughout the promotional period. Should any entries be made outside these terms they will be deemed invalid. Incomplete or indecipherable entries will be deemed invalid.
4. The promotion commences on 1st May 2008 at 9.00am AEST and finishes on the 31st of May at 11.59pm AEST.
5. To enter the promotion, participants must SMS the word 'Trade' to 131901 during the promotional period. SMS entries charged at 55c including GST.
6. The SMS entry mechanic is only open to consumers with a SMS compatible mobile phone connected to a service provider which permits text messaging to the promotional SMS number. The 131901 number will not work from handsets using the Vodafone or 3 networks. It is recommended that entrants check with their individual service provider in this regard. SMS entries via the Internet are ineligible. Entries are deemed to be received at the time of receipt into the promotion database and NOT at the time of transmission by the entrant.
7. If the winner of the major prize is below 18 years of age, the winner must invite a parent or guardian (over the age of 18) as their guest.
8. Major Prize: At the conclusion of the promotional period, all entries will be pooled together and entered into the sweepstake prize draw for the Major Prize. The draw will take place at 2.00pm AEST at Level 22, 385 Bourke St. Melbourne on Friday 6th June 2008. The first valid entry drawn in the major prize draw will win a trip for 2 people to a Navy Base facility during which time they will have the opportunity to travel aboard a Navy Frigate. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age. The location of the Navy facility will be nominated by the Promoter and will be dependent upon resources at the time the prize is taken. The prize will include return economy airfares for two people from the winner's nearest capital city (if this is different from the capital city in which the Navy base is located), return transfers from airport to accommodation (if necessary), two nights twin share accommodation at a 4 star accommodation venue nominated by the Promoter, in its absolute discretion, but located in appropriate proximity to the relevant Navy Base, and $1000 spending money (to be awarded as a cheque). Maximum value of the major prize is $4,000 as at 20/3/08. Exact value of the prize may vary depending on the winner's departure point. All expenses beyond those stated in this condition, including but not limited to meals, insurance, transport to and from departure point (or Navy Base, if in the winner’s nearest city), items of a personal nature, in-room charges, additional spending money and all other ancillary costs, will be borne by the prizewinner and companion (as incurred).
9. The Major Prize must be taken no later than July 30, 2009 and is subject to booking and availability. The specific timing will be determined by mutual consent of the prizewinner and the Promoter. The major prize winner and his/her companion must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. The winner may be required to present a credit card at time of accommodation check in. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. Subject to the unclaimed prize draw as per condition 26, if for any reason a winner does not claim the prize by the 19th of September 2008, the prize will be forfeited.
10. The Major Prize winner and his/her companion acknowledge that the major prize contains dangerous activities that may result in injury or death, and participate at their own risk. The winner and his/her companion must: (a) attend, undergo and pass any appropriate training, briefings, required medical tests and other requirements of the Promoter and ADF personnel as determined by them in their absolute discretion; (b) not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in any activities forming the major prize; (c) not be under the influence of drugs or alcohol; (d) comply with all directions of the Promoter and ADF personnel at all times; and (e) wear all safety and other equipment required. The ADF, in their absolute discretion, at all times reserve the right to: (a) prevent the winner and/or any companion from participating in any of the activities if, at any time, they reasonably believe that the winner/companion poses a safety risk or for any other reason; and/or (b) cancel any of the activities if the conditions are deemed dangerous. If any of the activities offered as part of the Major Prize are varied for any reason beyond the control of the Promoter, it may not be rescheduled and no compensation will be offered.
11. As a condition of accepting the Major Prize, the winner and his/her companion must sign any legal documentation and in the form required by the ADF in their absolute discretion including but not limited to a legal release and indemnity form.
12. The Promoter, in its absolute discretion, reserves the right, at any time, to verify the validity of all entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who tampers with the entry process or who submits an entry or acts otherwise than in accordance with these Conditions of Entry. Failure by the Promoter to enforce any of its rights, at any stage, does not constitute a waiver of those rights. The Promoter’s decision in relation to invalid entries is final, and no correspondence will be entered into.
13. Upon the first valid entry being drawn, the promoter will contact the entrant to advise and confirm their details. The promoter will also confirm that the winner accepts all of the terms and conditions associated with the major prize. Should the winner not comply with the terms and conditions the promoter, at its discretion, will conduct a further draw to allocate a new major prize-winner.
14. No responsibility accepted for late, lost or misdirected entries.
15. The prize winner will be contacted by SMS and/or phone and the Promoter will record their address details so that they can be notified in writing and the prize awarded, and their details will be published in The Australian on Friday the 13th June 2008.
16. Maximum total prize value is up to $4,000. Prizes or any unused portion of a prize are not transferable or exchangeable and cannot be taken as cash.
17. Where any prize (or part of any prize) is unavailable for any reason the Promoter reserves the right to substitute that prize (or that part of the prize) for a prize of equal or greater value and/or specification, subject to the approval of the relevant State lottery departments.
18. The Promoter is not responsible for any incorrect or inaccurate information, or for any difficulties caused by technical errors or malfunctions, or any combination thereof that may occur in the course of the administration of this competition, including technical errors or malfunctions of any telephone network or lines, computer on-line systems, servers or computer equipment, any omission, interruption, deletion, defect, delay in operation or transmission, communications line, mobile or satellite network failure, technical problems or traffic congestion on the Internet or website, software failure, theft or destruction or unauthorised access to or alteration of entries. The Promoter accepts no liability for any injury or damage to participants or any other person’s computer related to or resulting from participation in, down-loading or transmitting any materials in this competition (except for any liability that cannot be excluded by law).
19. If for any reason this competition is not capable of running as planned including but not limited to as a result of infection by computer virus, bugs, tampering, technical failures, unauthorized intervention, fraud or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to the fullest extent permitted by law to disqualify any individual or, subject to any written directions given by the relevant State lottery departments, to cancel, terminate, modify or suspend the competition.
20. 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.
21. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including for negligence) to the winner or any other person, for any death or personal injury; or for any loss or damage (including loss of opportunity and loss of or damage to property); whether direct, indirect, special or consequential, arising in any way out of the promotion, including, but not limited to, where arising out of the following: (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 claim 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 Conditions of Entry; (e) any tax liability incurred by a winner or entrant; or (f) the acceptance of, participation in or use of a prize.
22. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion, subject to any written directions from the relevant State lottery departments.
23. All entries will be the property of the Promoter.
24. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought.
25. The Promoter reserves the right to request winners to provide proof of age, identity and residency at the nominated prize delivery address. Identification considered suitable for verification is at the discretion of the Promoter.
26. The Promoter's decision (including in relation to the awarding of prizes) is final and no correspondence will be entered into.
27. The Promoter may conduct further draws at the same place as the original draw as are necessary on Friday 19th September 2008 in order to distribute any prizes unclaimed by that date. The winner of the unclaimed prize draw (if applicable) will be published in "The Australian" on Friday 26th September 2008.
28. Privacy Statement
    The Promoter may disclose personal information of entrants to its contracted service providers who provide services to the Promoter (these may include recruitment contractors, marketing and promotional agencies, database service providers and information technology providers), in order to conduct the competition and to send the entrants information about a career in the Australian Defence Force (unless the entrant opted out of receiving such information when they entered the competition). By entering the competition, entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner (incl. photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. If the information requested is not provided, the entrant may not participate in the competition. Winners' names will be published and entrant's details retained as required under relevant legislation. A request to access, update or correct any personal information held by the Promoter should be directed to the Promoter at the address set out below. The Promoter will generally provide you with access to the personal information it holds about you, except where it is required or authorised by law to refuse access.
29. The Promoter is Australian Defence Force Recruiting of Walter Turnbull Building, 3rd floor, 44 Sydney Avenue, Barton, 2600. ABN 15071884994.
30. Authorised under NSW Permit No:LPTS/08/03903