These terms apply. By participating in this promotion entrants agree to these terms. Information on how to enter and prizes form part of these terms. Roads and Maritime’s decision in all matters is final and no correspondence will be entered into and principles of administrative law do not apply.
Eligibility. As at 4 November 2017 entrants must be aged 12 years old or younger, they must have a parent or legal guardian authorise their entry into the competition and they must not be an immediate family member of staff of Roads and Maritime Services or of the Daily Telegraph.
How to Enter. Entrants must complete an entry form which can be downloaded from the Roads and Maritime website and submit it to Roads and Maritime with their drawing of how they think the 2017 New Year’s Eve fireworks will look. Entries are to be submitted by email to: NYE@rms.nsw.gov.au by 11:59pm on Saturday 25 November 2017.
Valid Entries. To be valid an entrant must comply with these terms and the entry must:
be from an eligible entrant, and
be submitted before the end of the Competition Period, and
be complete, correct and legible, and
be the work of and be in the name of the person submitting it, and
not contain anything that might be considered to be inflammatory, defamatory, or offensive;
not contain anything that might be considered to be damaging to Roads and Maritime’s reputation, and
not breach any copyright or other intellectual property rights.
Number of Entries. An entrant may only enter the Competition once. Multiple entries from the same email address or alternative email addresses by the same person will be deemed to be ineligible entries.
Proof of ID. Roads and Maritime reserves the right, at any time, to verify the validity of entries, and the identity and eligibility of entrants. Entrants must provide such evidence as Roads and Maritime may require for verification purposes.
Disqualification & Removal. Roads and Maritime may at any time exclude or disqualify an invalid entry or all entries of any entrant who is ineligible or who breaches these terms (including the deletion of any material published in connection with the entry) or who fails to supply evidence satisfactory to Roads and Maritime to verify their identity or eligibility.
Competition Period. The Competition starts on 4 November 2017 and ends at 11:59pm on 25 November 2017 (“promotion period”). All references to time are local in Sydney, Australia.
Prize. The prize is one family pass (consisting of up to a maximum of five (5) tickets) to the 2017 New Year’s Eve fireworks display on the Cahill Expressway, Circular Quay on 31 December 2017 (“Event”). Winners may nominate to attend the 9pm or midnight fireworks display, but not both. There are fifteen (15) prizes available to be won.
Judging. Judging will take place at 52 Martin Place, Sydney NSW, Australia on 28 November 2017 at 10am by Melinda Pavey (Minister for Roads, Maritime and Freight) and Elizabeth Fortescue (The Saturday Telegraph Arts Editor). Entrants do not need to be present. Roads and Maritime will disregard invalid entries. The winner/s will be chosen based on creativity, colour and originality. The judges will in addition to the winner/s, select and rank a shortlist of runners-up who may be awarded any prizes unclaimed by the winner/s. The judges have an unfettered discretion and their decision is final. A person is not eligible to win more than one prize.
If the winner is under the age of 18 Roads and Maritime may award the prize to the winner’s parent or guardian.
Prize Value. Prizes have an estimated value of up to about $205 and the total value of all prizes is about $3,075. All prize values are the estimated or recommended retail price in Australian dollars (inclusive of GST) at the time of printing these terms and Roads and Maritime accepts no responsibility for any variation in value.
Notice: Roads and Maritime will notify winners by email on 2 December 2017. Roads and Maritime will not advise entrants of failure to win a prize. Roads and Maritime is not responsible for contacting winners by any other method or for winners not receiving notification for any reason. Entrants are responsible to provide and maintain correct contact details.
Release and Consents. Roads and Maritime may require the parent or guardian of the winners and their guests to sign a legal release in a form determined by Roads and Maritime releasing Roads and Maritime from liability in respect of their use of the prize. Prizes will be deemed to be unclaimed if the legal release is not provided when required.
Roads and Maritime may require that anyone aged under 18 must provide a consent signed by their parent or guardian before claiming or using a prize.
Acceptance and use of a prize is subject to the Conditions of Entry which are available on the Roads and Maritime Services New Year’s Eve competition website and are subject to change.
Prize Collection. Roads and Maritime will send prizes to winners by email to the email addresses provided by the winners in their competition entry.
Unclaimed Prizes. If 2 weeks after its award any prize remains unclaimed for any reason (including because Roads and Maritime was unable to deliver it or the winner failed to collect it) then Roads and Maritime may award unclaimed prizes to the shortlist of runners-up without re-judging entries. This process may be repeated as often as necessary until no prizes remain unclaimed.
Unavailability of Prizes: Subject to any directions given by the NSW Office of Liquor, Gaming and Racing Roads and Maritime will not replace or substitute a prize or provide compensation where a winner is unable to claim or use a prize for any reason including cancellation or discontinuance or unavailability of the prize, inclement weather or illness or where a winner does not receive notification or does not receive the prize through providing an incorrect or outdated address.
Prize Substitution & Transfer. Subject to any directions given by the NSW Office of Liquor, Gaming and Racing, Roads and Maritime reserves the right in its absolute discretion for any reason to substitute the prize (or part of the prize) with a prize of similar value or specification. Winners cannot transfer, exchange or redeem for cash any prize or unused portion. Roads and Maritime may not honour any prize which a winner has transferred to another person.
Cancellation or Change. Subject to any directions given by the NSW Office of Liquor, Gaming and Racing, Roads and Maritime may modify, suspend, terminate or cancel the Competition if for any reason (including interference or a breach of these terms) it cannot conduct the Competition as reasonably anticipated or if the fairness of the Competition would be compromised.
Liability. Except for any liability that cannot be excluded by law, Roads and Maritime (including its staff and agents) excludes all liability (including negligence) for any personal injury, illness or death or any loss or damage (including loss of opportunity) whether direct, indirect or consequential, arising in any way out of the Competition or any prize, including where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under Roads and Maritime’s control) including inaccessibility of any website; (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 receipt by Roads and Maritime) due to any reason beyond the reasonable control of Roads and Maritime; (d) the use of a prize or (e) the award of a prize to an ineligible entrant.
Entrant’s Costs. Any cost associated with lodging an entry including internet costs in accessing the Competition website is the entrant’s responsibility. Any costs incurred in receiving, collecting or using a prize is the entrant’s responsibility, including travel, accommodation, and tax liability.
Privacy Notice. Roads and Maritime collects entrants’ personal information in order to conduct the Competition and may, for this purpose, disclose such information to third parties, including prize suppliers. Entrants must provide their personal information otherwise their entries will be invalid. Roads and Maritime may, for an indefinite period unless otherwise advised by Roads and Maritime, use the entrant's personal information for promotional, marketing and publicity purposes including sending electronic messages or telephoning the entrant. Personal information will be stored by Roads and Maritime at its address given below and entrants may contact Roads and Maritime to access or correct it.
Publicity. Entrants agree that if they win any prize they will co-operate with Roads and Maritime in providing the story of their win, including being interviewed, photographed and filmed. Entrants consent to Roads and Maritime using the entrant's entry, name, likeness and image in any media for an unlimited period without remuneration in connection with the Competition or the purposes of the Competition or the Event. Winning entrants agree that they will not provide their story to any media organisation without Roads and Maritime’s prior written consent.
Ownership of Entries. Entries become the property of Roads and Maritime and will not be returned to the entrant. The entrant transfers all intellectual property rights in the entry to Roads and Maritime (including copyright). Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968.
Warranty by Entrants. Entrants warrant that if an entry features or nominates any other person, the entrant has obtained all necessary consents from such person. Entrants warrant that their entry is their own original work and does not copy or plagiarise any existing work and does not infringe the copyright or other intellectual property rights or moral rights of any other person. Entrants indemnify Roads and Maritime from all liability arising from a breach of these warranties.
Interference & Unfair Advantage. Entrants must not attempt to interfere with or undermine the operation of the Competition or interfere with the normal functioning of any website the Competition uses or attempt to obtain any unfair advantage or undermine the operation of the Competition including using any macro, program, series of commands, system or electronic or mechanical device that enables entries to be lodged automatically or repetitively.
Legal. These terms will be construed according to the laws of New South Wales and entrants submit to the exclusive jurisdiction of the courts of that State. “Including” is not a word of limitation. Failure by Roads and Maritime to enforce any of its rights at any stage does not constitute a waiver of those rights.
Promoter. The Promoter is Roads and Maritime Services (ABN 76 236 371 088) of 20-44 Ennis Rd, Milsons Point NSW 2061. Email: NYE@rms.nsw.gov.au