Competition Terms & Conditions

PROMOTER 

1. The Promoter of the Competition is Melbourne Eureka Tower Observation Deck Pty Ltd ACN 113 014 396 (referred to as Us, We or Our).  If you have any queries regarding the Competition, please contact Us on the Contact Details. 

TERMS AND CONDITIONS 

Agreement

2. By entering this Competition, you agree to these terms and conditions which will be legally binding.  In exchange for your agreement to these terms and conditions, We allow you to participate in the Competition with the opportunity to win a Prize.   

 If you are under 18 years of age (but at least the minimum age specified in the Eligible Entrant section), your parent or guardian must read these terms and conditions and provide their approval before you participate in the Competition and provide your personal information to Us.  We may request written confirmation from your parent or guardian that they have provided their approval for you to participate in Our Competition. 

Entry 

3. Only Eligible Entrants may enter this Competition.
4. We will only accept Eligible Entries from Eligible Entrants.

5. We must receive Eligible Entries during the Entry Period.  Any entries submitted outside of the Entry Period will be deemed invalid and will not be considered by the judges.
6. We take no responsibility for incomplete, illegible, late, lost or misdirected entries, which will not be accepted.

Entry Method 

7. Eligible Entries must be submitted in accordance with the Entry Method.  You must not exceed the Maximum Number of Entries. 

Judging of Eligible Entries 

8. Eligible Entries will be judged in accordance with the Judging Details and chance plays no part in determining the winners.  The judgement by our panel of judges is final and binding and no correspondence will be entered into regarding their decision. 

9. Eligible Entries which we consider (in our reasonable discretion): 

(a)  likely to bring Us into disrepute or to damage Our reputation, goodwill, branding or other intellectual property;

(b)  to be defamatory, abusive, offensive or obscene; 

(c)  to be an infringement of third party rights, including intellectual property rights; or
(d) otherwise inappropriate, 

will be disregarded by the judges and excluded from the Competition. 

Prizes 

10. The two (2) Eligible Entries which are chosen by the judges as the winners will be awarded on the price draw date and announcement.
11. The Prizes are not transferable and cannot be substituted by the recipient, whether for cash or otherwise.

12. You may incur ancillary costs and expenses associated with participating in the Competition and collecting or using a Prize.  These costs and expenses are your sole responsibility. 

13. If the two Prize winner uses part of their prize to purchase experiences with the Promoter or its associated companies, the winner acknowledges and agree that

(a) they will be responsible for reading and satisfying themselves of any additional terms and conditions that apply to the relevant experience(s); an

(b) in some instances, they will need to satisfy additional age, health and/or fitness restrictions which apply to participation in the relevant experience(s)

14. Each Prize is subject to availability.  If a Prize or part of it becomes unavailable due to circumstances beyond Our reasonable control, We reserve the right to provide a similar product or service of equivalent or greater value to the original Prize, subject to any applicable laws. 

Announcement of winners and Prize collection 

15. Upon judging the winners: 

 (a) We will publish their scenic photographs on our Instagram and Facebook social media pages at Melbourne Skydeck, together with the winners’ first names, surnames and State or Territory of residence; 

(b) to collect a Prize the winner must contact Us within 7 days of being notified of their win, by either sending us an email to the email address shown in the Contact Details or leaving a comment on the relevant Facebook or Instagram post. We may request reasonable details to confirm the winner’s identity and their adherence to these terms and conditions, and if We are not reasonably satisfied of either matter We may refuse to award the Prize to a winner; and 

(c) if a winner does not contact Us within the time period specified above, they will forfeit the Prize and it will be redrawn. 

16. If you win but are unable to take up the Prize for any reason, We are not responsible for providing you with any alternative prize or compensation of any kind.
 17. You acknowledge and agree that if you are chosen as a winner, We (and any of our affiliate organisations) may:

 (a) publish your full name and State or Territory of residence
 

Personal Information 

18. By participating in the Competition, You consent to Us collecting and processing the personal information that you submit, for the purpose of administering the Competition and to send you marketing and promotional materials regarding Our goods and services.  We will handle that personal information in accordance with applicable privacy laws and our privacy policy which is available at www.melbourneskydeck.com.au/privacy-policy/.  We will only share an entrant’s personal information as is necessary to administer the Competition or as agreed by the entrant

19. Personal information that you provide to Us to participate in the Competition will be used for marketing, promotional or advertisement purposes. If you wish to unsubscribe from receiving that marketing and promotional information, please use the unsubscribe function in the emails that We send to you. 

Intellectual property 

20. You represent that you own all intellectual property rights, including copyright, in your Eligible Entry. You grant Us a perpetual, world-wide, royalty free licence, which can be assigned or sub-licensed, to make use of the content within your Eligible Entry for any purpose whatsoever (including to promote Us, any affiliate organisation and our respective goods and services). Our use of your Eligible Entry may include cropping, editing, or otherwise modifying your photograph and We will not always display your name in connection with its use

21. By entering the Competition, you warrant to Us that your photograph is a photo of your own original Sky Art drawing and is not copied from anyone else’s work nor does it infringe the copyright, trade mark or other intellectual property rights of any person or entity. 

General 

22. You acknowledge that We are under no obligation to use or publish your photograph or entry

23. Except as otherwise required by applicable law, We are not responsible for any loss or damage associated with your entry into this Competition

24. No purchase is required nor is any fee payable to enter the Competition.  However you are responsible for any costs you incur in creating and submitting your entry (such as the costs of internet access). 

25. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the remaining provisions will remain in full force and effect. 

 26. To the maximum extent permitted by law, you agree to indemnify Us against all claims, costs, expenses and losses We incur as a result of your breach of these terms and conditions. 

 27. To the maximum extent permitted by law, all implied conditions, warranties, guarantees, rights, remedies, liabilities and other terms are excluded from the Competition and these terms and conditions.  If any supply under these terms and conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these terms and conditions excludes, restricts or modifies any provision, right, remedy or liability under the Australian Consumer Law.  To the extent that We are permitted to limit Our liability, then Our liability will be limited to:  

(a) in the case of services, the cost of supplying the services again or paying the cost of having the services supplied again; and
(b) in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or paying the cost of replacing the goods, supplying equivalent goods or having the goods repaired. 

 28. These terms and conditions are governed by the laws of South Australia.  The courts of South Australia will have exclusive jurisdiction if any dispute arises in connection with these terms and conditions. 

 29. The Competition is in no way sponsored, endorsed, administered by, or associated with, Facebook or Instagram. By entering the Competition, you: 

 (a) release Facebook and Instagram from any liability arising from, or in connection with, the Competition;
 (b) must comply with any terms and conditions imposed by Facebook and Instagram which may apply to your participation in the Competition, including but not limited to the use of any intellectual property or branding; and
 (c) acknowledge that We may remove any posts you publish on Our website, Facebook or Instagram page, if We deem that post to be inappropriate.