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Living Smart Festival – Competition terms and conditions

Newcastle Transport ‘Living Smart Festival 2022’ Competition

Terms and Conditions

  1. Information on how to enter and the prize details form part of these Terms and Conditions. If there is
    any conflict between these Terms and Conditions and any other published materials, these Terms and
    Conditions will prevail. Entry into this competition constitutes acceptance of these Terms and
    Conditions. Entries must comply with these Terms and Conditions to be valid. This competition is
    governed by the laws of New South Wales.
  2. The promoter of this competition is Keolis Downer Hunter, ABN 89 614 205 766, 89 Denison Street
    Hamilton NSW 2303 (Promoter).
  3. Entry is only open to attendees of the Living Smart Festival at Speers Point Park on Saturday 24 September 2022. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.
  4. This competition runs from 9:00am – 2:00pm AEDST 24th September 2022 (Competition Period). Entries received outside this period will not be considered.
  5. How to Enter.
  6. Entry into this competition is free.
  7. To enter this competition, individuals must, during the Competition Period, answer the three (3) questions that are on the entry form URL Entrants must provide their first and last name, email address and phone number at the completion of the questions.
  8. Completion of the entry form during the specified entry period is (1) entry in the draw. Only one (1) entry is permitted per person.
  9. All questions must be answered and valid contact details provided.
  10. Entrants aged under 18 must have the permission of a parent or guardian.
  11. A total of one (1) winner will be chosen. The winner will be drawn from all entries that provided a valid answer to answered Q1 and Q2 and answered the multiple choice Q3 question correctly.
  12. Winners will be drawn on Tuesday 4th October 2022 at 11:00am at Keolis Downer Hunter, 89 Denison Street Hamilton 2303. The Promoter may draw additional reserve entries and record them in order in case of an invalid entry or ineligible entrant. Winners will be notified by the Promoter by email or phone on the day of the draw. The winner will need to collect the prize from Keolis Downer Hunter, 89 Denison Street Hamilton 2303 or it can be posted by mail to a nominated postal address.
  13. There will be one (1) prize. The prize is a an adult Opal card with $50 credit.
  14. The Promoter’s decision is final and no correspondence will be entered into.
  15. Prizes, or any unused portion of the prize, are not transferable or exchangeable or taken as cash,
    unless otherwise specified. Winners will not be allowed to swap their prize for another kind of prize.
  16. If for any reason a winner does not claim a prize within 2 (two) weeks, after all reasonable efforts have been made to contact the winner, then the prize will be forfeited.
  17. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with
    a prize to the equal value and/or specification, subject to any written directions from a regulatory
  18. Any ancillary costs associated with redeeming or using the prize are not included. Any unused balance of the Opal card will not be awarded as cash. Redemption of the Opal card credit is subject to any terms and conditions of the issuer.
  19. Total prize pool value is $50.
  20. 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) subject to
    any written directions from a regulatory authority, to modify, suspend, terminate or cancel the
    promotion, as appropriate.
  21. Any cost associated with accessing the promotional website is the entrant’s responsibility and is
    dependent on the Internet service provider used.
  22. 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.
  23. 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.
  24. Any ancillary or incidental costs (including, without limitation, any costs incurred in receiving,
    collecting or using the prize) relating to this competition or the prize are the responsibility of the
    entrant and/or the prize winner.
  25. The Promoter may ask for a prize winner’s consent to use the prize winner’s name and image for an
    unlimited period without remuneration for the Promoter’s purpose of promoting initiatives of the
    Promoter. The prize winner consents to the Promoter taking and using their entry and any
    photographs, video and sound recordings (including any likeness or image) in connection with the
    competition (including when receiving or enjoying the prize) (collectively the “Material”) and to the
    Promoter publishing and distributing the Material (in whole or part) and the name of the prize winner
    on the Promoter’s website, on television, social media, in print and electronic mainstream media; and
    other associate promotional materials without any further reference or payment or other
    compensation to the prize winner. The winner acknowledges that the Material will be kept by the
    Promoter for an indefinite period of time and that they do not have any rights in the Material. A
    separate consent form will be provided.
  26. 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 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.