SUBSCRIBE TO WIN
Terms and Conditions of Entry
1. Information on how to enter and prizes forms part of these conditions. By participating, entrants agree to be bound by these conditions. Entries must comply with these conditions to be valid.
2. Entry is open to Eligible Entrants. The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion.
3. The competition is open to permanent Australian residents aged 18 years or over, except employees of The Fold Media and their close relatives and anyone otherwise connected with the competition.
4. There is no entry fee and no purchase necessary to enter this competition. To enter, individuals must sign up to receive The Fold’s enewsletter. Only one entry will be accepted per person. Multiple entries from the same person using different email addresses and phone numbers will be disqualified. Only valid email addresses will be accepted. Invalid email addresses will be disqualified. If multiple entries are made against the same email address the most recent entry will override the previous entry. No records will be kept of the previous entry.
5. The Promoter accepts no responsibility for late, lost or misdirected entries. Incomplete, ineligible or incomprehensible entries will be deemed invalid. Entries must be submitted in the manner required and received by the Promoter during the Promotional Period. Entries received will be considered final by the Promoter. Late entries will not be accepted.
6. Competition will begin on 4th April 2022 and entries close at 9am on 7th April 2022. After this time no further entries to the competition will be permitted. The draw will take place at the Promoter’s office at 10am on 7th April 2022. The Promoter’s decision is final and no correspondence will be entered into. The first randomly generated number drawn will be determined the winner. An online random generator will be used.
7. If the entrant’s entry is deemed invalid or if they are unavailable during the time the event takes place, the Promoter will award the prize to the next drawn entry at the same time and place as the original and repeat this process until the prize is awarded to an Eligible Entrant.
8. The Prize must be taken as offered and cannot be varied. Prizes are not transferable or exchangeable and cannot be taken as cash. Any change in the value of a prize between the publishing date and the date the prize is claimed is not the responsibility of the Promoter. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. All warranty claims in respect of the prizes must be directed towards the applicable manufacturer and not the Promoter.
9. The winner(s) will be notified by email and phoned on the 8th April 2022. The prize is a double pass to the Hidden Forest Festival 2022.
The prize cannot be claimed as cash. Travel to and from the location is not included as part of this prize.
10. The Promoter and its agents associated with this promotion take no responsibility for a prize (or part of a prize) damaged or lost in transit (if relevant).
11. The Promoter encourages the responsible use of prize(s), in accordance with applicable State and Federal legislation.
12. If for any reason a prize, or any part of a prize becomes unavailable for any reason beyond the Promoter’s reasonable control, the Promoter reserves the right to substitute the prize (or part thereof) for an alternative prize to the same value of the original prize value, subject to any written directions made under applicable State or Territory legislation.
13. Entrants must only enter in their own name. The Promoter reserves the right to request the winner(s) to produce (within a nominated time period) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm their identity, age, residency and/or eligibility to enter and/or claim a prize and any information submitted by the entrant in entering the promotion before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or the entrant has not been verified or validated to the Promoter’s satisfaction within the time requested, that entrant’s entry will become invalid. Proof of identification, residency and entry considered suitable for verification is at the sole discretion of the Promoter. The prize(s) will only be awarded following any validation and verification of the entrant that the Promoter requires in its sole discretion. In the event that an entrant cannot provide suitable proof, the relevant prize will be forfeited and no substitute will be offered as the entrant will be disqualified.
14. The winner must attend an event with a partner also aged over 18 years (“Travelling Companion”), if applicable.
15. The costs of any alternative or additional travel will not be borne by the Promoter and any elements of the Prize not used will be forfeited and not substituted.
16. The Prize must be taken on the dates nominated by the Promoter to coincide with the applicable redemption period/redemption date otherwise the entire Prize is forfeited. The prize must be used at eh date of the 2022 festival. The Promoter will be in touch directly to discuss a convenient time to pick up the prize if applicable.
17. No extension or variation of the Prize dates will be permitted. All components of the Prize must be taken together. Any element of the Prize not taken will be forfeited and not substituted.
18. Acceptance of the Prize is subject to any prevailing terms and conditions of the accommodation/transport/services providers and, in particular, health, behaviour, age and safety requirements. No compensation will be payable if the winner or his or her Travelling Companion is unable to use any element of the relevant Prize as stated for whatever reason, including refusal of entry or ejection from the locations or participation in certain activities for health, age, behaviour or safety reasons. Any part of the Prize that is not taken for any reason is forfeited.
19. All additional costs not expressly stated but which may be incurred in acceptance and use of a Prize is the responsibility of the winner and his or her Travelling Companion. Such additional costs include, but are not limited to, costs associated with alternative transport. 20. Where applicable, the Promoter reserves the right to refuse to allow the prize winner or any of their companions to take part in any or all aspects of the prize if the Promoter determines, in its absolute discretion, that the prize winner (or any of their companions where applicable) are not in the mental or physical condition necessary to be able safely to participate in the prize.
21. No compensation will be payable if a winner (or their companions if applicable) are unable to use any element of a prize for whatever reason, including without limitation, refusal of entry or ejection from the location(s) or participation in certain activities for health, age, behaviour or safety reasons. Any part of a prize that is not taken for any reason is forfeited and will not be substituted.
22. The Promoter and any organisation or individual associated with the provision of the Prize make no representation as to the safety conditions or other issues that may exist. Travel advice and information should be obtained from relevant Government department before any travel.
23. Liability: Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury, death; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (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 a prize.
24. 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 because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, 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. 25. The Promoter and its associated agencies and companies are not responsible for any problems, delays or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a network or a mobile network or any combination thereof, or any other technical failures including any damage to entrant’s or any other person’s mobile handset, computer or peripherals related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion.
26. Entry and continued participation in this promotion is subject to the licensee’s liquor serving policy where applicable.
27. Right to verify: The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant for tampering with the entry process or for submitting an entry which is not in accordance with these conditions of entry, or if the entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
28. Any entry that contains content that the Promoter, in its sole discretion, considers to be offensive or inappropriate in any way or that the Promoter considers, in its sole discretion, to infringe any intellectual property rights or other rights of any person, corporation or entity, will be considered ineligible.
29. The decision to accept or reject an entry is at the Promoter’s sole discretion and no correspondence will be entered into.
30. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter.
31. Caution: any attempt to deliberately undermine the legitimate operation of this promotion 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.
32. Consent: As a condition of entering this promotion, entrants consent to the Promoter using the entrant’s name, likeness, image and/or voice in the event they are a winner of a draw (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising or marketing this promotion (including any outcome), and promoting any products or services manufactured, distributed and/or supplied by the Promoter. The winner(s) agree to participate in all reasonable promoted activities in relation to this promotion as requested by the Promoter and its agents.
33. As a condition of accepting the prize, the winner (and his/her companion(s), if applicable) may be required to sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. It is a condition of the prize that the winner and Travelling Companion comply with all safety and Covid-19 safe practices requested from the premises.
34. All entries and any copyright subsisting in the entries become and remain the property of the Promoter upon receipt by the Promoter or its agent.
37. The Promoter supports responsible consumption and recommends that alcohol be enjoyed in moderation.
38. The promoter is: The Fold Media, trading as The Fold Southern Highlands whose registered office is at 3/348 Moss Vale Arcade, Argyle Street Moss Vale. ABN 596 2074 109
1.1. You may only use the Websites, Applications, Enewsletters and Social Accounts for your personal and non-commercial use.
1.3. Access to the Website is restricted to those 18 years of age and older. Visitors to the Website under the age of 18 must seek the consent of their parent / legal guardian prior to using the Websites. The creation of an account / account registration on the Websites is strictly prohibited by those over the age of 18 years. No person under the age of 18 may provide any information including but not limited to their name, address and contact details. In the instance where we learn that personal information has been collected by a person under the age of 18; The Fold Media will delete their information.
- Listing Creation
1.1. To access certain areas of the Website, to claim or create your Listing you are required to create an account to become a registered user (“User”). You must be at least 18 years of age and provide your details as per the instructions on the Website. If you are creating or claiming a business listing, you must be the business owner or an authorised employee or agent of the business owner with the business owner’s content to claim the listing.
1.2 The User agrees to be responsible for the integrity of the content in that listing at all times.
- Account Creation
3.1. Only businesses registered in the area of the Illawarra, NSW are permitted to create an account and/or Listing. Listings created from outside of this area will be deleted.
3.2. You must never access another user’s account without obtaining prior permission.
3.3. You are responsible for the activity within your account. It is the User’s responsibility to memorise their log in details or store them in a safe and secure place.
3.4. Do not disclose your password to anyone. Notify The Fold Media immediately if you suspect or are aware of any unauthorised use of your account by emailing email@example.com.
3.5. The information you use to create your account must be complete and accurate at the time of creation. Notify The Fold Media of any changes to your details if you are unable to update them in your account or Listing.
- Use of General Websites and Social Accounts
4.1. You agree to use information from The Fold Illawarra responsibly. We reserve the right to deny you access to, or use of, all or part of the Websites and Social Accounts, without prior notice, if you engage in any conduct that The Fold Media believes, in its sole discretion:
4.1.2. violates the rights of The Fold Media or third parties; or
4.1.3. is deemed inappropriate or defamatory.
4.2. You agree not to:
4.2.1. use the Websites and Social Accounts for any illegal purpose;
4.2.2. upload or transmit in any way:
18.104.22.168. any unsolicited or unauthorised advertising, promotional materials or any other form of solicitation;
22.214.171.124. knowingly transmit any virus, trojan horses, worms or any other disabling feature to the Websites and Social Accounts;
126.96.36.199. any material which you know or ought to know cannot be legally distributed;
188.8.131.52. any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
184.108.40.206. use another’s name, username or password without permission, or collect or store personal data about other users;
220.127.116.11. impersonate or otherwise misrepresent your identity, age or affiliation with any other person or entity;
18.104.22.168. use the Websites and Social Accounts in a manner that may cause the Website, Applications and Social Accounts to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Websites, Applications and Social Accounts is in any way impaired;
22.214.171.124. use the Websites and Social Accounts in a manner that violates or infringes the rights of any person, firm or company. Including, but not limited to, intellectual property rights, rights of confidentiality or rights of privacy;
126.96.36.199. copy or distribute any part of the Websites and Social Accounts in any medium without our prior written consent
- User Content Guidelines
5.1. “User Content” is the sole responsibility of the person or entity which contributed the Content to the Website and Social Accounts by uploading or otherwise posting, inserting or providing it.
5.3. You agree that you will not upload or otherwise provide any User Content that is:
5.3.1. defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading;
5.3.2. infringes anyone else’s rights, including intellectual property rights;
5.3.3. impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services The Fold Media considers to be inappropriate;
5.3.4. contains spam, chain letters, pyramid and other such selling and marketing schemes;
5.3.5. creates information to disguise the origin of any content; or
5.3.6. encourages or incites any other person to engage in any of the above behaviour.
5.3.7. You grant to The Fold Media a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the copyright you have in any User Content, in all media now known or not currently known. By submitting User Content, you also consent to any dealings with your User Content that may otherwise infringe your moral rights. The Fold Media may copy any User Content, cause it to be seen and/or heard in public, and communicate it to the public.
5.3.8. You can edit any User Content you submit via the Websites, Applications and Social Accounts. If you wish to delete some or all of your User Content, the request to do so can be sent by email to firstname.lastname@example.org.
5.3.9. You understand and agree that by using the Websites, Applications and Social Accounts you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Websites, Applications and Social Accounts, including obtaining and using any information, products and services, at your own risk.
5.3.10. Under no circumstances will The Fold Media be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content; editing, restricting or removing your Content; or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Websites, Applications, Enewsletters and Social Accounts.
5.3.11. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content either in whole or in part, unless you have been specifically told that you may do so by us or by the owners of that Content, in a separate agreement.
- User Interaction
6.1. Users have the ability to interact on the Websites, Applications and Social Accounts with The Fold Media generated Content and User Content, including but not limited to business profiles and reviews, images, photographs, videos, eNewsletters, blog posts, editorial content, event listings and links to social media networks.
6.2. The Fold Media encourages constructive conversation and will not tolerate abusive or offensive interactions, trolling, or personal attacks on our Websites, Applications and Social Accounts. If we deem any User Content to be in breach your obligations under clause 4.3 or is not in keeping with the spirit of these Terms and Conditions of Use or any Community Guidelines, we may remove it.
6.3. If you see any content or any user interactions on the Websites, Applications or Social Media platforms that you would like to bring to our attention, refer to the Complaints Handling Policy for details.
- Website partners and third-party links
7.1. The Websites, Applications, eNewsletters and Social Accounts may contain links to third-party websites, applications or social accounts. The inclusion of such links does not imply The Fold Media endorses the websites, applications or social accounts.
7.4. You must not establish links on any other website to the Websites or any other part or parts of the Websites without the prior written consent of The Fold Media.
7.5. The Websites, Applications, eNewsletters and Social Media Accounts may contain advertisements for third-parties’ goods and/or services. The third-party advertisers are responsible for the accuracy of all representations made in those advertisements. The Fold Media is not responsible for errors or omissions in third-party content. The Fold Media does not offer the goods or services for sale or make any other representation whatsoever. If you choose to order a product or service advertised by a third-party on The Fold Media digital channels, you do so at your own risk.
7.6. All prices displayed, and products and services offered by The Fold Media in relation to marketing and promotion can be changed without notice. The Fold Media accepts no responsibility for changes in pricing or service offerings from third-party’s User Content.
7.7. You acknowledge and accept that The Fold Media may have a relationship with a third-party represented on the Websites, Applications, eNewsletters or Social Accounts, and may receive fees and/or commissions for goods and services that are displayed or made available through The Fold Media.
- Financial transactions
8.1. Users will have the opportunity to acquire goods and services, including but not limited to business and event listings, and enter into commercial transactions (“e-commerce transactions”). E-commerce transactions are available both from The Fold Media and from The Fold Media’s commercial partners (“Transactional Partners”). When you enter into e-commerce transactions with Transactional Partners you will be required to enter into separate terms and conditions in respect of such transaction in accordance with the Transactional Partners’ own terms and conditions.
9.1. The Fold Media may amend any part of these Terms and Conditions at any time without notice. Users should check these Terms and Conditions periodically for updates. Your continued use of the Websites, Applications, eNewsletters and/or Social Accounts or any product or service obtained through them after any such change to these Terms and Conditions constitutes an agreement by you to abide by and be bound by these Terms and Conditions, as amended.
- Indemnity and law enforcement
10.1. Neither The Fold Media nor any of its officers, employees, agents or related bodies corporate shall be liable to you or anyone else for:
10.1.1. any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, viruses, or for the destruction of, or damage or unauthorised access to, your computer system or network;
10.1.2. any defamatory, infringing, offensive or illegal conduct or material found in connection with The Fold Media, including such conduct or material transmitted by any means by any other person; or
10.1.3. any loss, damage or cost, including, without limitation, any direct, indirect, economic, consequential or punitive damages, or any legal costs, arising out of, or in connection with:
10.1.3.1. the use of the Websites, Applications, eNewsletters or Social Accounts;
10.1.3.2. the use of information provided by you by The Fold Media;
10.1.3.3. you or anyone else being unable to access the Websites, Applications, eNewsletters or Social Accounts; or
10.1.3.4. the use of your Website password by you or any third party to whom you have made the password available.
10.2. The Fold Media expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation.
10.3. The Fold Media reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
- Account termination
11.1. These Terms and Conditions will continue to apply until terminated by either you or The Fold Media as per the below;
11.1.1. If you have a registered account via the Website and App and want to terminate your relationship with The Fold Media, you may do so by notifying The Fold Media in writing. User Content you have on the Website, our App or Social Accounts will not be removed automatically on termination or deactivation of your user account.
11.1.2. The Fold Media may, at any time, terminate its legal agreement with you if you have breached any provision of these Terms and Conditions or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms and Conditions; or
11.1.3. The Fold Media is required to do so by law (for example, where the provision of products and services to you through the Website or App is, or becomes, unlawful).
11.1.4. If you breach any provision of these Terms and Conditions, The Fold Media may immediately issue a warning, temporarily suspend, or permanently prevent your access to all or certain parts of the Websites.
12.1. These Terms and Conditions shall be governed by and construed in accordance with the laws in force in the State of New South Wales, Australia.
12.2. The Fold Media has designed the Websites, Applications, eNewlsetters and Social Accounts for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using these outside the Commonwealth of Australia.
12.3. This agreement, together with other documents referred to in it, constitutes the entire agreement between you and us relating to the Website, App, eNewlsetters and Social Accounts.
12.4. The invalidity or unenforceability of any provision of this agreement shall not affect the rest of the provisions in this agreement, which will continue in full force and effect.