Newcastle Food Month Promotion Terms and Conditions

  1.   This is a game of chance and skill plays no part in determining the winners. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

  2.   Entry is only open to NSW residents aged 18 years or older.

  3.   Directors, management, employees, officers and contractors (and their immediate families) of the Promoter and agencies associated with this promotion 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 1st cousin.

  4.   Promotion commences on Monday, March 15 and closes 12:00pm (noon) AEST on Monday, March 29 2021 (“Promotional Period”).

  5.   To enter, eligible entrants must subscribe to a digital subscription with the Newcastle Herald (monthly or annual plan) during the promotional period. Monthly Digital Subscription offer costs $4 (min. cost) for the first 4 weeks, then $19.50 billed monthly. Renewals occur unless cancelled in accordance with the full Terms and Conditions. Not in conjunction with any other offer. New customers only. See www.newcastleherald.com.au/about-us/terms-conditions/digital-subscription for full subscription terms. If you’re already a digital subscriber, eligible entrants must, during the Promotional Period, locate the promotion entry page, complete all requested details including, but not limited to full name, mobile phone number and email address.

  6.   The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. 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 from such an offender are reserved.

  7.   Incomplete or indecipherable entries will be deemed invalid.

  8.   Only one (1) entry permitted per person.

  9.   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.

  10.   The winner will be drawn by computerised random selection on Monday March 29, 2021 at 12pm, with winners notified by email within 2 working days, including instructions on how to claim their prize. The Promoter reserves the right to draw additional reserve entries and record them in order, in case of an invalid entry or ineligible entrant.

  11.   The Promoter’s decision is final and no correspondence will be entered into.

  12.   The first valid entry drawn will win the following:
        • Entry to Le Diner en Blanc on April 10, for six people, including en Blanc membership - Three Gourmet dinner hampers (for two) prepared by Sprout Catering
        • Three bottles each (6) of Thomas Wines Synergy Semillon and shiraz
        • Three bottles of First Creek Wines Botanica Cuvee
    The winner will need to bring their own tables and chairs, quality cutlery and crockery, glassware and something to decorate the table with. The winner will be contacted by the event organisers to arrange further details. This prize is valued at $1,250. If the prize remains unclaimed by Sunday, April 4, 2021, the prize will be redrawn. The redraw will take place on Monday, April 5 at 12:00pm.

  13.   Spending money, taxes, insurance, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included.

  14.   The prize is subject to any relevant venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or their guests) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.

  15.   If for any reason the winner does not take the prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

  16.   If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to the directions of any regulatory authority.

  17.   Total prize pool value is up to $1,250. Prize, or any unused portion, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

  18.   Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

  19.   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, subject to the directions of any regulatory authority. 20. Any cost associated with accessing the promotional website 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.

  20.   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) excludes 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.

  21.   Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes 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 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 Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize. 23. The Promoter collects personal information ("PI") in order to conduct 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. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.acmadcentre.com.au/privacy/. 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. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles 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 PI to any entity outside of Australia.

  22.   The promoter is Newcastle Newspapers Pty Ltd ABN 46 000 003 967 of Level 2,710 Hunter Street Newcastle NSW 2300. Authorised under NSW Trade Promotion Authorisation TP/00287