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Terms & Conditions

Gourmet Cinema Giveaway Promotion
Terms and Conditions


1. Information on how to enter and the prizes forms part of these Terms and Conditions. Participation in this competition is deemed acceptance of these Terms and Conditions.

2. Entry is only open to Australian residents aged 18 and over. Individuals must have an Instagram account to be able to enter.

3. Employees (and their immediate families) of The Design Files and any agencies associated with this competition are ineligible to enter.


4. Competition commences at 14:00AM (AEST) on Feburary 21st 2018 and ends at 11:59PM (AEST) on 25th Feb 2018 (“Competition Period”).

5. The winner (1) will be selected on 26th Feb 2018 and contacted on 26th Feb 2018 via instagram message (make sure you are following @thedesignfiles so we can contact you).

6. The selected winners (2) will each win 1 x Double Pass to Gourmet Cinema, Caulfield Racecourse, Melbourne. This prize is subject to availability and valid for March run dates 2018.

7. To enter, individuals must complete the following entry method during the Entry Period:

Tag a friend they would take and tell us why in a comment on this post on The Design Files’ Instagram @thedesignfiles.

Each entrant warrants to the Promoter that any contents submitted in their entry is an original creative work of the entrant that does not infringe the rights of any third party. All contents must comply with and are subject to the provisions contained in clause 17. Entries that contain prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions will not be eligible to win.

8. Each entrant can enter multiple times during the Competition Period, however, only one (1) Prize can be awarded for the Competition Period.

9. The winner will be notified by Instagram private message by The Design Files. By entering the Promotion, all entrants consent to their entry and/or other communications with the Promoter being broadcast on air and communicated to the public via any medium. Entrants will not be compensated for this use. It is a condition of entry that the Promoter has the right to publicise, broadcast and communicate to the public the names, characters, likenesses or voices of entrants for any promotion or matter incidental to the Promotion. All entrants accept and permit the use of this information on any medium.

10. The two most creative valid entries received within the Entry Period, as determined by The Design Files in its absolute discretion, will each win a prize.


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

12.The Design Files reserves the right, at any time in its sole discretion but subject to Lindenderry’s approval, to disqualify any entrant who submits false information or fails to provide information (if requested), conspires with others to gain an unfair advantage, has breached or is suspected of breaching any of these Terms and Conditions, engages in unlawful or improper conduct or who is otherwise involved in any way with manipulating, interfering or tampering with the conduct of this competition. Failure by The Design Files to enforce any of its rights at any stage does not constitute a waiver of those rights. The Design Files’ legal rights to recover damages or other compensation from such an offender are reserved.

13. Errors and omissions may be accepted at The Design Files’ sole discretion and indecipherable entries may be deemed invalid.

14. If for any reason a winner does not take a prize by the time stipulated by The Design Files, then the prize will be forfeited.

15. If any prize becomes unavailable, The Design Files, in its discretion, reserves the right to substitute the prize with a prize to the equivalent value and/or specification.

16. Prizes are not transferable or exchangeable and cannot be taken as cash.

17. Entrants agree that they are fully responsible for any materials they submit via the competition (“Content”). The Design Files shall not be liable in any way for such Content to the full extent permitted by law. The Design Files may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Content that is unlawful or fraudulent, or that The Design Files may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) their Content shall not contain viruses or cause injury or harm to any person or entity including the Promoter and eBay; (c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content; (d) the Content is the original artistic work of the entrant that does not infringe the rights of any third party; (e) they consent and/or grant to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and (f) they will comply with all applicable laws and regulations, including, but not limited to, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems. Without limiting any other terms herein, the entrant agrees to indemnify The Design Files for any breach of the above terms.

18. As a condition of entering this competition, each entrant licenses and grants The Design Files, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including, but not limited to, future promotion, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

19. Entrants consent to The Design Files using their name, likeness, image and/or voice in the event they are a winner, 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 Design Files.

20. The Design Files assumes no responsibility for any loss, damage or injury as a result of technical, telecommunications or other problems, including security breaches, unauthorised intervention or fraud. If such problems arise, then The Design Files may, to the fullest extent permitted by law: (a) disqualify any entrant; or (b) modify or suspend the competition as appropriate.

21. 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 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees,The Design Files (including its respective officers, employees and agents) excludes all liability for losses, damages, costs or expenses of any nature (including arising from negligence) whether direct, indirect, special or consequential (and including loss of opportunity), in connection with the competition.

22. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, The Design Files 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 Design Files’ 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 Design Files; (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/redemption of a prize.

23. The Design Files will not share any personal information collected in connection with this competition with any third parties.