“AIR MOFO” COMPETITION TERMS AND CONDITIONS
Terms and Conditions
- Entry into the “AIR MOFO” competition (“Competition”) is deemed acceptance of these Terms and Conditions (“Terms and Conditions”). Instructions on ‘How to enter’ also form part of these Terms and Conditions.
- By entering the Competition the Entrant warrants they meet the requirements for entry.
- For the purpose of these Terms and Conditions, the Promoter is Moorilla Estate Pty Ltd trading as The Museum of Old and New Art of 655 Main Road, Berriedale, Tasmania (ABN: 34 120 281 656) (“Promoter”).
- Entry is open to Australian residents who are 18 years or older, excluding employees of the Promoter and associated agencies and companies and employees of Tourism Tasmania, and their immediate families (“Entrant”). For the purposes of this clause, "immediate families" of an employee includes his or her spouse, ex-spouse, de facto spouse, child, stepchild, adopted child, parent, step-parent, grandparent, step grandparent, uncle, aunt, niece, nephew, siblings, step-siblings, or first cousin and includes a spouse thereof. Whether or not a person is eligible under this clause will be determined by the Promoter at its absolute discretion.
- The Competition commences at 8am AEST on 30.10.18 and ends at 11:59pm AEST on 13.11.18 (“Competition Period”). Entries received outside of the Competition Period will not be accepted by the Promoter and will be deemed to be invalid.
- This Competition is a game of skill, chance plays no part in determining the winner. Each Entry will be individually judged based on its creative and/or original merit. Judges will be selected by the Promoter in its absolute discretion.
- To enter, the Entrant must:
a) in 25 words or less tell us ”Why you and your five fellow Mofos need to party at Mona Foma in Launceston” and complete all details in the entry form found at https://monafoma.net.au/air-mofo (an “Entry”)
b) nominate a departure airport of either Melbourne, Sydney, Adelaide or Brisbane. It is the Entrant’s responsibility to cover all costs associated with reaching their nominated departure airport.
- Only one Entry is permitted per Entrant.
- By entering this Competition each Entrant warrants to the Promoter that their submitted Entry is an original work of the Entrant, has not been previously published or won any award and does not contain any material which would infringe the rights of any third party, including but not limited to any copyright, trademarks, trade secrets, privacy, publicity, personal or proprietary rights or other third party intellectual property rights or moral rights. The Entrant agrees to indemnify the Promoter and keep the Promoter indemnified against all claims and costs incurred by third parties arising from a breach of the warranties set out in this clause.
- Judging of all valid Entries received within the Competition Period will be conducted by a panel of judges at the Promoter’s head office at 91-93 Macquarie Street, Hobart by 5pm AEST on Wednesday 14 November 2018. Twenty-Five (25) winning Entries will be selected based on what the judges deem to be the most inspiring and creative entry (“Winning Entry”). The Promoter may select additional reserve entries that they determine to be the next best, and record them in order in case an invalid entry or ineligible entrant is selected.
- The judges’ decision is final and no correspondence will be entered into regarding it.
The Prize (“Prize”)
- The Entrants who submit a Winning Entry will win the following Prize:
a) Six (6) return economy flights to Launceston from the Winner’s nominated capital city, via Melbourne.
b) Six (6) three day Mona Foma 2019 festival tickets, valued at $99 each
- The Prize is valid for travel from Friday 18.1.19 – Monday 21.1.19. Travel and flight bookings must be taken within the specified dates.
a) Flights to Launceston via Melbourne will be booked for the 18.1.19, leaving;
i. Adelaide flight (QF0676) at 08.55AM and arriving in Melbourne at 10.45AM
ii. Sydney flight (QF0411) at 07.30AM and arriving in Melbourne at 09.05AM
iii. Brisbane flight (QF0609) at 07.10AM and arriving in Melbourne at 10.30AM
b)All winners and their flight parties must depart Melbourne airport at 12.00PM and for expected arrival in Launceston at 13.15PM
c) All winners and their flight parties must depart Launceston airport on 21.1.19 at 09.00AM and will arrive in Melbourne at 10.15AM
d) Flights to Adelaide (QF0683) will leave Melbourne Airport at 11.30AM and arrive in Adelaide at 12.20PM
e) Flights to Brisbane (QF0616) will leave Melbourne Airport at 12.10PM and arrive in Brisbane at 13.20PM
f) Flights to Sydney (QF0430) will leave Melbourne Airport at 12.00PM and arrive in Sydney at 13.25PM
- Frequent flyer points will not form part of the Prize.
- The maximum total value of each Prize awarded (of which twenty five Prizes will be awarded in total) in this Competition is AUD $7,500 (depending on port of origin) with the total Air Mofo prize value being $187,500. Prize values are based upon the recommended retail prices at the time of printing (inclusive of GST). The Promoter accepts no responsibility for a change in prize values between now and the ultimate prize redemption date.
- Prizes do not include accommodation, airport transfers or food and beverage allowance.
- Only Winning Entrants will be notified. Winners will be notified via email by 5pm AEST on Thursday 15 November 2018 (15.11.18) and will be directed to email the Promoter with confirmation of their contact details.
- The Winning Entrant will be published on a Mona Website on 15 November 2018 by 5pm AEST.
- The Winner must liaise with Mona (ABN: 34 120 281 656) by email to redeem and arrange the Prize.
- If the prize is not claimed within two (2) days, the prize will be redrawn
- ID may be requested to confirm proof of age, residence and identity of the winner. Proof of identification considered suitable for verification is at the discretion of Mona. In the event that the winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. Suggested forms of ID: A valid driver’s license or passport.
- The Prize is subject to conditions imposed by the supplier of the prize i.e. in the case of all flights associated with the prize, QANTAS.
- The Winner(s) will need to confirm and provide details of all six (6) members of their travelling party by 5pm AEST on Wednesday 28 November 2018 (28.11.18), including full names, email addresses, and mobile phone numbers to facilitate booking flight travel on their behalf. Failure to do so will mean their Entry is withdrawn from the competition and their prize withdrawn.
- Once flight party information has been received, a representative of Mona (ABN: 34 120 281 656) will contact each winner via the contact information provided on their entry form. Each winner is responsible for providing the travel itinerary to all members of their travel party.
- The Promoter will take no responsibility if the Winner's details are incorrect or incomplete and the Winner cannot be contacted.
- The Promoter reserves the right to appoint a new winner if the Winner cannot be contacted within 48 hours or if the Prize cannot be redeemed by the Winner either due to non-compliance with the entry requirements set out in these Terms and Conditions or if the Winner notifies Promoter within 48 hours that they are not able to redeem the Prize during the specified travel dates.
- Mona Foma festival tickets will be hand-delivered to the Winners when they arrive on-ground at Launceston Airport on 18 January 2019 (18.1.19).
- The Prize, or any unused portion of the Prize, is not transferable or exchangeable and is not redeemable for cash. The Prize must be taken as stated and no compensation will be paid if the Winner is unable to use the Prize.
- All travel, flight and service bookings for the Prize are subject to availability and the Promoter will not be held responsible for any unavailability. Travel arrangements are subject to the terms of the Promoter or its assigned representatives and may be dependent on select seat classes with airlines.
- All applicable taxes (excluding GST) and surcharges and all additional and ancillary costs involved, including transfers, petrol for car hire, excess baggage, spending money, meals, accommodation, additional hotel services such as room service items of a personal nature, insurance and any applicable insurance excesses and any other ancillary costs not listed above are the responsibility of the Winner as incurred.
- Organisers will not be held responsible if the prize winner or their party misses the inward or outward flight to / from Launceston or their nominated capital city due to error or delays from the flight provider. Travel insurance is recommended to protect against the additional costs incurred in the event of unforeseen circumstances.
- The Promoter in its absolute discretion reserves the right to disqualify an entry that is late, incomplete, incomprehensible, unlawful, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, capable of encouraging conduct that would be considered a criminal offence, capable of violating any law or giving rise to any civil liability.
- All Entries may be uploaded onto the Promoter’s website and may also be displayed on the Promoter’s Facebook page, Twitter account or any other social media platform or in any digital or promotional communications. Each Entrant consents to such use by the Promoter of their entry and acknowledges and agrees that the Promoter may decide in the Promoter’s absolute discretion whether to identify the Entrant as the creator of a particular Entry.
- Any Entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
- If an entry is found to be invalid or ineligible, the prize will be redrawn.
- Each Entrant assigns all proprietary rights (including any intellectual property rights) they have in their Entry to the Promoter for no consideration or in-kind payment. Each Entrant acknowledges and agrees that their Entry becomes the property of the Promoter and the Promoter and its partners has the right to alter the design and use the Entry across any communication or marketing platform owned or used by the Promoter. In submitting an Entry each Entrant agrees that the Promoter is entitled to use any of the submitted Entries for any purpose, including (but not limited to) any future promotion, marketing or publicity purposes without reference to the Entrant. No payment will be made to the Entrant for the use of Entry.
- The Promoter reserves the right to remove, at any time, from any communication channels or platforms, on which the Entries have been published, any Entry it deems, in its sole discretion, to not be in the spirit of this Competition, to be offensive or in breach of these Terms and Conditions, any legislation, regulations or by-laws.
- 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 to disqualify any Entrant who submits an Entry that is not in accordance with these Terms and Conditions or who interferes or tampers with the Entry process or if the Entrant is engaged in any unlawful or other misconduct calculated to jeopardize the fair and proper conduct of the Competition. The Promoter's legal rights to recover damages or other compensation from such an Entrant are reserved.
- Despite anything to the contrary in these Terms and Conditions, errors and omissions may be accepted at the Promoter's complete 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 decision in relation to any or all aspects of this Competition is at its complete discretion, final and binding on all persons who enter into this Competition and no correspondence will be entered into.
- Any costs associated with entering this Competition are the responsibility of each Entrant.
- The Promoter accepts no responsibility for late, lost or misdirected Entries or other communications. Entries will be deemed void if forged, manipulated or tampered with in any way. Incomplete, indecipherable, or illegible Entries will also be deemed invalid and will not be included in the Competition. All Entries are deemed to be received at the time of receipt by the Promoter and not the time of transmission by the Entrant. The Promoter cannot accept responsibility for any entry not received. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches.
- Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees or implied warranties as provided under any applicable consumer protection laws.
- Except for any liability which cannot be excluded by law, the Promoter and its associated companies are not responsible for and exclude 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 problems or technical malfunction (whether or not under the Promoter’s control) of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to Entrants or any other person’s property related to or resulting from participation in this Competition;
b) any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with this Competition, or by any technical error that may occur in the course of this Competition;
c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or third part interference or unauthorised access to or alteration of entries or entrants details;
d) any Entry that is late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter);
e) any tax liability incurred by a winner or entrant (independent financial advice should be sought);
f) participation in this Competition or in the Prize; or
g) cancellation of this Competition.
- This Competition, or any aspect of it, may be changed or withdrawn by the Promoter at any time without prior notification. In the event of any dispute, the Promoter will be the sole arbitrator and its decision will be final (subject to any laws that may apply).
- Any attempt to deliberately damage the Promoter's promotional website or the information on the website, to cause malicious damage or interference with the normal functioning of the website, or to otherwise undermine the legitimate operation of this Competition may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
- By entering the Competition, the Entrant consents to receipt of any email regarding the Competition and other emails or communications which inform the Entrant of the Promoter’s other publications, products, services and events and to promote third party goods and services the Entrant may be interested in.
- These Terms and Conditions are governed by, and are to be construed in accordance with, the laws enforceable in Australia. Each party submits to the exclusive jurisdiction of the courts exercising jurisdiction in Tasmania, Australia and any court hearing appeals from those courts.
- These Terms and Conditions embody the entire agreement between the Promoter and each Entrant with respect to this Competition.
- Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
- Mona reserves the right to update these terms and conditions at any time without prior notification. It is the entrant’s responsibility to check these terms and conditions for changes.
- In the case of the intervention of any outside agent or event which naturally changes the result or prevents or hinders its determination, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes; the Promoter may in its absolute discretion cancel the event and recommence it from the start on the same conditions at a later date.