Market Research Survey – Terms and Conditions

2019 St Kilda Festival – Market Research Survey – Participant Draw

Win one of five $100 prepaid Visa Gift Cards



  1. Competition and Promoter

1.1 By entering the “2019 St Kilda Festival – Market Research Survey – Participant Draw (Competition) and in consideration for the opportunity to participate in the Competition, each entrant agrees to be bound by and observe these Conditions of Entry. Information on how to enter and prize details form part of these Conditions of Entry.

1.2 The promoter of the Competition is City of Port Phillip ABN 21 76 29 77 945 of 99a Carlisle Street, St Kilda VIC 3182 (Promoter).

  1. Who may enter

2.1 Subject to paragraphs 2.2, 2.3 and 2.4, entry into the Competition is open to residents of any state or territory in Australia, aged 16 years and over.

2.2 The Councillors, officers, management and employees (and immediate family members of officers, management and employees) of the Promoter and their related corporations and associated agencies are not eligible to enter the Competition. Immediate family means any of the following: spouse, de-facto spouse, child or step-child, parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.

2.3 The Promoter may require entrants to provide proof of age in a form acceptable to the Promoter. Should an entrant or their companion be unable to satisfy this requirement, the entrant will be ineligible for the prize.

2.4 Entrants can only complete one survey.

  1. Competition Period

3.1 The Competition commences at 5pm Australian Daylight Savings Time (ADST) on Sunday 10 February 2019 and ends at 5pm ADST on Wednesday 20 February 2019 (Competition Period).

3.2 Entries not received during the Competition Period or not completed in accordance with these Conditions of Entry will not be eligible to win.

  1. How to enter

4.1 Eligible entrants must complete the 2019 St Kilda Festival Market Research Survey in full using the Customer Direct service (St Kilda Festival – Customer Survey) during the Competition Period. A fully completed survey form must include the entrant’s first name, surname, mobile number and contact email address.

4.2 Once the entrant has fully completed the Survey, customers will be entered into the Prize Draw Competition upon confirmation that they wish to be entered and subsequently have provided their contact details for entry.

4.4 The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Any form of automated entry using any device or software is invalid. Entries are deemed to be received at the time of receipt by the Promoter not at the time of transmission by the entrant.

  1. Prize and notification

5.1 A random draw from all eligible entries will be made by St Kilda Festival’s research partner IER Pty. Ltd. The Prize Draw will be conducted on Monday, 27th February 2019.

5.2 The entrants randomly selected first, in accordance with these Conditions of Entry, will be deemed the Competition winner.

5.3 There is five (5) prizes to be won: Five (5) x $100 Pre-Paid Visa Gift Card. The total prize value is AUD $500.

5.4 The prize winners will be notified by 5pm AEST 1 March 2019 via email. The prize winner must reply in response with their contact details within 1 week of the email to claim their prize.

5.5 Five entrants will be eligible to win the prizes during the Competition Period.

5.6 The prize is not transferable or exchangeable. The prize is not redeemable for cash and must be taken as offered.

5.7 The prize winners acknowledge that the prize is subject to additional terms and conditions imposed by third party prize suppliers. The prize winners must become acquainted with any such additional terms and conditions prior to taking the prize. The Promoter does not accept responsibility and is not liable for any conditions imposed on the taking of the prize by any third-party prize supplier, or the breach of those conditions by any person.

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

5.9 The Promoter reserves the right to not award the prize in the event no eligible entrants are received.

  1. Unclaimed prizes

6.1 If the prizes are unclaimed by 5pm, 11 March, they will be awarded to the entrant/s ranked next by the random selection process outlined in 5.1. This process will be repeated until a prize winner/s has been contacted and the prize/s claimed. The prize/s remain the property of the Promoter until collected by the selected prize winner/s or unclaimed prize winner/s as the case may be.

  1. Information for Prize Winners

7.1 All entrants agree to provide the Promoter with identification and/or proof of age if selected as a prize winner as outlined in paragraph 2.4.

  1. Limitation of Liability

8.1 Except for any liability that cannot by law be excluded (including as set out under paragraph 8.3), the Promoter, its related corporations and associated agencies (and any of their personnel) exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any entrant (including the prize winner) in connection with the Competition or a prize, including, without limitation:

(a) any indirect, economic or consequential loss;

(b) any loss arising from the negligence of the Promoter, its related corporations and associated agencies (and any of their personnel); and

(c) any liability for personal injury or death.

8.2 No responsibility will be taken by the Promoter or its authorised agents for lost, ineligible, misdirected or late entries due to technical reasons or any other reason. Entries that are not genuine or are incomplete, late or in any way fraudulent will be declared void.

8.3 Nothing in these Conditions of Entry limits, excludes or modifies, or purports to limit, exclude or modify, the statutory implied guarantees/warranties as provided under the Competition and Consumer Act 2010 (Cth) and the ASIC Act 2001 (Cth), including the statutory consumer guarantees under the Australian Consumer Law, or similar laws in the States and Territories of Australia.

  1. Privacy

9.1 The Promoter will request the winning entrants’ contact details as required to enable the winner to receive the prize. No further use of this information will be made.

9.2 The Promoter will not record or use any personal data gathered inadvertently by any other entrants.

  1. General

10.1 By submitting an entry and any other materials (save for any personal information) to the Promoter in connection with the Competition, each entrant represents and warrants that all elements contained in the entry or other material:

(a) are fully cleared for use as contemplated in these Conditions of Entry;

(b) do not and will not, in any way, violate or breach any of the terms of any other agreement the entrant may be a party to;

(c) do not contain defamatory, tortious or otherwise unlawful, untrue or inaccurate information, infringe or violate any copyright or other right; or contain any matter the publication of which will violate any law;

(d) are not obscene or likely to cause offence;

(e) are not in any way cruel or abusive;

(f) are not incomplete or indecipherable, and

(g) will not require the Promoter to pay or incur any sums to any person or entity as a result of Promoters’ use or exploitation of the same.

10.2 All entrants unconditionally and irrevocably consent to any act or omission which would otherwise infringe any of their moral rights in the entry and waives all moral rights in the entry that arise outside Australia.

10.3 If for any reason the Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the fairness or integrity or proper conduct of the Competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process and to cancel, modify, terminate or suspend the Competition.

  1. Contact details

11.1 It is the entrant’s responsibility to inform the Promoter of any change to the entrant’s contact details, including their email address.

11.2 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.