Terms and Conditions

The ‘Favourite Spaces – Win an Unforgettable Holiday’ Promotion
COMPETITION AND WEBSITE USER TERMS AND CONDITIONS
By navigating through, uploading content to or in any other way utilising this website http://www.shareyourspace.com.au (the Site), including without limitation, entry into the Favourite Spaces competition(the Competition), you agree to be bound by the following terms and conditions to the extent that they apply to your use of the Site.
General

1. The Site is owned and operated by Tourism Sunshine Coast Ltd ACN 009 976 292 (TSC/we/us/our).
2. Any reference in these terms and conditions to you or your is a reference to you as a participant in the Competition and/or user of the Site.
3. The Site has been created to store and display favourite Sunshine Coast spaces stories in the form of literary, visual, audio and any other type of data (the Content) that has been uploaded by participants for entry into the Competition.
4. The Competition is run by TSC.
5. The Competition is promoted by TSC,
6. You understand and accept that by using the Site, you may be exposed to content that is posted by third parties and which you may find objectionable.

Liability

1. Although we use reasonable endeavours to ensure that all information contained on the Site is accurate and up to date, we are unable to guarantee that the Site is free of errors or faults.
2. We reserve the right to change information displayed on our site (including these terms and conditions) at any time without notice to you.
3. Without affecting any statutory rights to the extent that they are not capable of exclusion, we will not be liable for any losses, damages, liability, claims, expenses (present, future or contingent) arising from or connected with the use of the Site or any products or services purchased on or through the Site or created by reliance on any Content, information or representations on the Site.

Linked Sites

1. The Site may contain links to external sites. Those sites are not part of the Site and, unless otherwise indicated, are not under TSC's control. No external site linked to the Site is endorsed by TSC and no responsibility is taken for material contained within them. You agree that by accessing any linked site you are doing so at your own risk and you agree to fully indemnify TSC against any liability arising out of your accessing any linked site.

Uploading Content / Entering Competition

1. By uploading content onto the Site you become a participant in the Competition and voluntarily and irrevocably declare that:
2. 1. you are aware that once you submit Content to the Site (your Content), irrespective of whether or not any use is made of that Content by TSC or any other person, all intellectual property rights (IP Rights) in your Content are transferred to TSC;
   2. you are aware that once you submit your Content, TSC may make alterations to its grammar, spelling or syntax or shorten, abridge or summarise it without further reference to you for any reason;
   3. you relinquish all claims to ownership of your Content, which is then vested in TSC once submitted to the Site; TSC may use this Content on third party sites and marketing material.
   4. you will not commence any action against TSC, or any third party whom TSC may allow use of your Content, with respect to any IP Rights or moral attribution rights that you may assert in your Content;
   5. you have not breached any other parties’ IP Rights that may be held in your Content;
   6. you are the owner or acting with the true consent of the owner of your Content and the IP Rights in your Content;
   7. you have the true consent of any parties that are identified in your Content to publish the references to them in your Content, whether on the Site or elsewhere;
   8. you indemnify TSC against any claim that may be brought against TSC due to the IP Rights in your Content not being owned or being capable of being owned by you, or capable of being transferred to and owned by TSC; and
   9. you indemnify TSC against any claim that may arise out of any of the above declarations not being true with respect to your Content.

Privacy

1. We acknowledge that in the process of conducting the Competition, we may receive private information and we recommend that you read our Privacy Policy.

Warranties

1. You warrant that you will not:
2. 1. use any form of spyware or other software, program or device to record, copy, retain or access any information on the Site which is not purposefully made available to the public;
   2. commit or assist in any acts that will have or are likely to have the effect of lessening the security, productivity or suitability of the Site;
   3. use the Site directly or indirectly for any activity which breaches any laws, infringes a third party's rights, is unlawful, or breaches these terms and conditions; or
   4. use the Site directly or indirectly to post or transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends or restricts any person, or which prevents any other user from using or enjoying the Site or which is false, misleading or deceptive in any way.

Intellectual Property

1. You acknowledge that copyright, trade marks and all other IP Rights in the Site and in the Content displayed or available through the Site belong to TSC.
2. Access to the Site is only for your personal use. Subject to applicable laws:
3. 1. unauthorised use of the Content is strictly prohibited and may infringe TSC's IP Rights in the Content; and
   2. no content may be reproduced, published or transmitted in any manner without the prior written consent of TSC.
4. Without limiting the above, and subject to applicable law, you may not without prior written permission from TSC:
5. 1. archive the Content or any part of it;
   2. form a database whether electronically or otherwise by systematically downloading or storing all or any of the Content; or
   3. redistribute or republish the Content.

Accuracy of Registration Information

1. When providing your details in connection with uploading Content and entering the Competition on the Site, you must ensure that all information you provide is correct and up-to-date. If you change your personal or contact details during the period of the Competition, you agree to ensure your details are updated and will indemnify TSC from any adverse consequences that arise out of your personal or contact details not being up-to-date.

Placement and Removal of Content

1. We reserve the right to decline to publish, or where already published, to remove any Content in our absolute discretion. In submitting your Content to TSC for posting or publishing in conjunction with this Competition, whether on the Site or any other website or medium, you unconditionally and irrevocably:
2. 1. authorise TSC to use your Content, without limitation, the purposes of complying with any legal process, responding to claims of third parties and to protect the rights or property of TSC and its customers and the public;
   2. authorise TSC to edit, modify, amend or adapt or otherwise change your Content;
   3. acknowledge that TSC may use all IP Rights in your Content throughout the world, in perpetuity, without restriction and without making any payment to you, including publication of that material in hard copy publications or in electronic media, using your Content in advertising or promotional material and permitting others to do any of these, including when others or TSC receive a benefit for doing this;
   4. waive all rights to commence any action against TSC with respect to the assertion of any moral rights in your Content and consent to TSC doing anything which TSC (or anyone permitted by TSC) may do in relation to your Content which would otherwise be in breach of your moral rights. This includes TSC using their Content without attribution to you as the source of your Content; and
   5. agree to indemnify TSC and its officers, employees and agents from any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of the publication by TSC of your Content.

Indemnity

1. You agree to fully and effectively indemnify, defend, and hold harmless TSC from any and all claims, liabilities, losses, damages, penalties, fines, costs and expenses, whether actual or alleged (collectively, Claims) including legal costs on a lawyer – client basis and any taxes in relation to those Claims, that arise out of or in connection with:
2. 1. the Content that you upload;
   2. the publication of the Content that you upload; or
   3. a breach by you of these terms and conditions.

Jurisdiction

1. These terms and conditions are governed by the laws of the State of Queensland, Australia and the exclusive jurisdiction of its courts.

"Favourite Spaces" PROMOTION
Terms and Conditions of Entry

1. Instructions and information on how to enter forms part of these Terms and Conditions of Entry. To enter, individuals must visit www.shareyourspace.com.au and submit their ‘favourite Sunshine Coast space’ story, during the promotional period. Participants are able to submit more than one story. The more stories they submit the more times they go into the draw for the prize.
2. Entry is only open all residents of Australia. Directors, management and employees of the Promoter and their immediate families and agencies, retailers and suppliers 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.
3. All entries become the property of the Promoter. To be valid, all details on the entry form must be completed.
4. 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 to disqualify any entrant for tampering with the entry process or submitting an entry which is not in accordance with these Terms and Conditions of Entry.
5. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 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.
6. Incomplete, indecipherable, or illegible entries will be deemed invalid.
7. Promotion commences at 00:01am AEST on Monday 22nd February 2010. Entries close at 11:59pm AEST on Monday 15th March 2010. Entries submitted after closing date will not entitle the person entry into the competition.
8. The prize will be drawn on Wednesday 17th March at 4.00pm AEST. The draw will take place at Tourism Sunshine Coast, Terminal Building, Sunshine Coast Airport, Friendship Avenue, Marcoola, Queensland, Australia 4564. Prize winners will be determined by a random selection off a database listing of all ‘favourite spaces’ story entrants' personal details. The winner will be notified via email. The Promoter reserves the right to draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
   
   Please note that no transportation is offered for any of the prize vouchers. The winner will need to arrange their own transportation to, from and during the activities.

The first valid entry drawn will win; 1) 4 nights in a one bedroom apartment at The Sebel Resort Noosa valued at $2116. Subject to availability. Not valid during peak times such as school holidays. The accommodation will be valid for 12months from the draw date and 2) a voucher to the Buderim Ginger Cooking School – redeemable for any class up to a total value of $220 and Valid for 12 months from date of issue.  Classes must be booked at least 48 hours in advance – phone 07 5447 8447 for bookings. Class schedule available at www.buderimgingercookingschool.com.au.

1. Prize value is correct at the time of printing but no responsibility is accepted for any variation in the value of any prizes. Redemption is subject to booking and availability. Prize vouchers are not transferable.
2. The Promoter's decision will be final and no correspondence will be entered into.
3. Any ancillary costs associated with redeeming the Sunshine Coast vouchers are not included. Any unused balance of the Sunshine Coast vouchers will not be awarded as cash. Redemption of the Sunshine Coast vouchers are subject to any terms and conditions of the issuer including those specified on the vouchers.
4. Subject to the unclaimed prize draw clause, if for any reason a winner does not redeem an element of the prize at the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited.
5. If any prize (or part of any 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 any written directions from a regulatory authority.
6. The prize winner will be given three months to claim their prize. If the prize is not claimed by Thursday 17th June at 4.00pm AEST, the prize will be forfeited. A re-draw will take place at the same time and place as the original draw.
7. If a winner is under the age of 18 years, the prize will be awarded to the winner's parent or guardian.
8. Entrants consent to the Promoter using the entrant's 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 competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
9. No responsibility accepted for late, lost or misdirected entries.
10. The Promoter accepts no responsibility of any tax implications that may arise from the prize winnings. Independent financial advice should be sought by the winners.
11. The Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained relating to the prize except for any liability which cannot be excluded by law.
12. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries or any injury or damage to participants or computers, related to or resulting from participation or sending or receiving of any communication or of any materials in this promotion.
13. If for any reason, this promotion is not capable of running as planned, including war, terrorism, state of emergency or disaster, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion and, subject to the approval of those authorities who have issued permits for the conduct of this competition, to cancel, terminate, modify or suspend the competition.
14. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the Internet service provider used.
15. Privacy Statement. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including, but not limited to, prize suppliers and as required, to Australian regulatory authorities. Entry is conditional on providing this information. Unless otherwise advised, the Promoter may also use the information for promotional, marketing and publicity purposes including sending electronic messages. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.
16. By registering for this promotion, you accept these Terms and Conditions of Entry.
17. The Promoter is Tourism Sunshine Coast Pty Ltd (ABN 24 009 976 292) of Terminal Building, Sunshine Coast Airport, Friendship Avenue, Marcoola, Queensland, Australia 4564.

Liability

1. TSC accepts no responsibility for late, lost or misdirected entries.
2. TSC is not responsible for any incorrect or inaccurate information or for any of the equipment or programming associated with or utilised in the Competition, or for any technical error, or any combination thereof that may occur in the course of the administration of the Competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries or any injury or damage to participants or computers, related to or resulting from participation or sending or receiving of any communication or of any materials in the Competition.
3. If for any reason, the Competition is not capable of running as planned due to any causes beyond TSC’s control which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition, we reserve the right, subject to the approval of any relevant regulatory authorities, to cancel, terminate, modify or suspend the Competition.