u 2017 myer fashions on the field men’s raewear terms … · 2017-09-12 · u 2017 myer fashions...

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2017 MYER FASHIONS ON THE FIELD MEN’S RACEWEAR TERMS AND CONDITIONS (current as of 12 September 2017) Please note the following important conditions of entry (which are repeated throughout the Terms and Conditions): Contestants and/or their outfits are not permitted to promote commercially a brand, store or designer or receive a commercial benefit from appearing in the competition. Contestants may only enter this competition in their own private capacity and not on behalf of a third party including any commercial enterprise. Contestants must not be dressed by or styled by a designer or milliner (regardless of whether that designer or milliner has entered the Design Awards or Millinery Awards). Any Contestant found to be dressed by or styled by a designer or milliner will be automatically disqualified (at VRC’s discretion). Contestants must not receive any payment or benefit from a third party (including any commercial enterprise) for entering, participating or otherwise in connection with, this competition. Contestants are not permitted to alter or add to their outfit in any way from the beginning until the end of the competition. Contestants participating in the 2017 Design Award and/or Millinery Award Competitions as a milliner or designer are not eligible to enter this competition, and no item of clothing, headwear or accessory worn in the Millinery Award and/or Design Award may be worn by any Contestant in this competition. Any person who is in any way involved with, works as or otherwise works for an organisation or individual (including milliners or designers) that commercially produces fashion clothing, hats or similar for profit, and is deemed to receive an advantage through that position (at VRC’s discretion), is ineligible to enter this competition. Contestants may not compete in the same outfit (not including shoes) for each Competition Day (being AAMI Victoria Derby Day and Emirates Melbourne Cup Day). Contestants are not permitted to alter or add to their outfit in any way from the beginning until the end of the Men’s Racewear State Final (if applicable). Contestants must not in any way disparage or make derogatory comments in any form (whether verbally, electronically or otherwise) about the Promoter, any competition associated with the 2017 Myer Fashions on the Field competition or other contestants at any time. If a Contestant has been awarded as a Top Three Daily Finalist for AAMI Victoria Derby Day, that Contestant must also be available (in their winning outfit) to attend at Flemington on Emirates Melbourne Cup Day, Tuesday 7 November 2017, to participate in the 2017 Myer Fashions on the Field Men’s Racewear Final. If a Contestant is in breach of any of these terms and conditions, the Promoter may (at its absolute discretion) disqualify the Contestant from the Men’s Racewear Competition and any other Myer Fashions on the Field competitions.

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Page 1: U 2017 MYER FASHIONS ON THE FIELD MEN’S RAEWEAR TERMS … · 2017-09-12 · U 2017 MYER FASHIONS ON THE FIELD MEN’S RAEWEAR TERMS AND CONDITIONS (current as of 12 September 2017)

U

2017 MYER FASHIONS ON THE FIELD MEN’S RACEWEAR TERMS AND CONDITIONS

(current as of 12 September 2017)

Please note the following important conditions of entry (which are repeated throughout the Terms and Conditions):

Contestants and/or their outfits are not permitted to promote commercially a brand, store or designer or receive a commercial benefit from appearing in the competition.

Contestants may only enter this competition in their own private capacity and not on behalf of a third party including any commercial enterprise.

Contestants must not be dressed by or styled by a designer or milliner (regardless of whether that designer or milliner has entered the Design Awards or Millinery Awards). Any Contestant found to be dressed by or styled by a designer or milliner will be automatically disqualified (at VRC’s discretion).

Contestants must not receive any payment or benefit from a third party (including any commercial enterprise) for entering, participating or otherwise in connection with, this competition.

Contestants are not permitted to alter or add to their outfit in any way from the beginning until the end of the competition.

Contestants participating in the 2017 Design Award and/or Millinery Award Competitions as a milliner or designer are not eligible to enter this competition, and no item of clothing, headwear or accessory worn in the Millinery Award and/or Design Award may be worn by any Contestant in this competition.

Any person who is in any way involved with, works as or otherwise works for an organisation or individual (including milliners or designers) that commercially produces fashion clothing, hats or similar for profit, and is deemed to receive an advantage through that position (at VRC’s discretion), is ineligible to enter this competition.

Contestants may not compete in the same outfit (not including shoes) for each Competition Day (being AAMI Victoria Derby Day and Emirates Melbourne Cup Day).

Contestants are not permitted to alter or add to their outfit in any way from the beginning until the end of the Men’s Racewear State Final (if applicable).

Contestants must not in any way disparage or make derogatory comments in any form (whether verbally, electronically or otherwise) about the Promoter, any competition associated with the 2017 Myer Fashions on the Field competition or other contestants at any time.

If a Contestant has been awarded as a Top Three Daily Finalist for AAMI Victoria Derby Day, that Contestant must also be available (in their winning outfit) to attend at Flemington on Emirates Melbourne Cup Day, Tuesday 7 November 2017, to participate in the 2017 Myer Fashions on the Field Men’s Racewear Final.

If a Contestant is in breach of any of these terms and conditions, the Promoter may (at its absolute discretion) disqualify the Contestant from the Men’s Racewear Competition and any other Myer Fashions on the Field competitions.

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ENTRY CONDITIONS 1. Details on how to enter the 2017 Myer Fashions on the Field Men’s Racewear

Competition (Competition) and further details of the prizes and their value may be found at www.melbournecup.com/fashion-style/myer-fashions-on-the-field/ and form part of these terms and conditions.

2. By participating in Competition, contestants (Contestants) agree to observe and be bound by these terms and conditions, the Contestant Criteria and VRC’s Terms and Conditions of Entry and Ticketing located at www.flemington.com.au (together the Terms).

3. Separate terms and conditions apply for the 2017 Myer Fashions on the Field Women’s Racewear, Design Award & Millinery Award. For the purposes of this Competition, these Terms will take precedence in the event of any inconsistency.

4. The Daily Competition will be conducted at the Myer Fashions on the Field enclosure (Myer FOTF Enclosure) at Flemington Racecourse at 448 Epsom Road Flemington, Victoria (Flemington) on the following days (each a Competition day):

AAMI Victoria Derby Day, Saturday 4 November 2017; and

Emirates Melbourne Cup Day, Tuesday 7 November 2017 5. The Final will be conducted at approximately 1:40pm at the Myer FOTF Enclosure

on Emirates Melbourne Cup Day, Tuesday 7 November 2017. HOW TO ENTER

6. Contestants must register to participate in the Competition by: a) registering online between 9:00am AEST Tuesday 12 September 2017 up to

5:00pm AEST Wednesday 1 November 2017 (Online Registration Period); or b) registering on the day of the relevant Competition Day at the registration desk

located at the Myer FOTF Enclosure, between the following registration times.

AAMI Victoria Derby Day between 12:30pm – 1:30pm; and

Emirates Melbourne Cup Day between 11:30am – 12:30pm. Time for registration on the day is limited and will only be accepted if time permits.

7. Contestants may enter once per Competition Day provided that: a) a Contestant may not compete in the same outfit (not including shoes) for each

Competition Day (to avoid doubt, an outfit worn on one Competition Day and altered for a second Competition Day will not be considered eligible and the Contestant’s entry for the second Competition Day will be disqualified);

b) the Contestant has not already been awarded the title of Top Three Daily Finalist (as detailed in Clause 30-37 below) for a previous Competition Day; and

c) the Contestant meets the Contestant Criteria for each Competition Day that they enter.

8. Unless otherwise stated by the Promoter, all Contestants (including those who registered online) must collect their contestant number from the registration desk at the Myer FOTF Enclosure between the below times:

AAMI Victoria Derby Day between 12:30pm – 1:30pm; and

Emirates Melbourne Cup Day between 11:30am –12:30pm.

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9. No responsibility will be taken for incomplete, late or lost entries or if the Contestant is late to register, or collect their Contestant number during the times prescribed at Clauses 6 and 8. Incomplete or illegible entries will be deemed invalid.

10. Unless expressly stated in these terms and conditions, all travel and accommodation expenses incurred by a Contestant in getting to the Melbourne Cup Carnival and participating in the competition is the sole responsibility of the Contestant.

11. In addition to attending Flemington on the relevant Competition Day for which they have registered, if the Contestant has been awarded as a Top Three Daily Finalist for AAMI Victoria Derby Day, that Contestant must also be available (in their winning outfit) to attend at Flemington on Emirates Melbourne Cup Day, Tuesday 7 November 2017, to participate in the 2017 Myer Fashions on the Field Men’s Racewear Final.

ELIGIBILITY 12. To be eligible to participate in competition, Contestants must acknowledge and

agree to the following contestant criteria (Contestant Criteria): a) Contestants must be 18 years of age or older on the Competition Day and proof

of age may need to be provided at the time of registration; b) Contestants and/or their outfits are not permitted to promote commercially a

brand, store or designer or receive a commercial benefit from appearing in the competition; and

c) Contestants are not permitted to alter or add to their outfit in any way from the beginning until the end of the Competition.

13. Entry may be refused if a Contestant does not meet one or more of the Contestant Criteria, which are available at the point of online or daily registration, or by visiting www.melbournecup.com.au.

14. Employees, directors and other representatives of the Promoter, host race clubs and organisations involved in sponsoring or conducting any 2017 Myer Fashions on the Field event associated with the VRC (and any individuals so involved, including judges) are ineligible, as are members of their immediate families and households.

15. The winner of the 2016 Myer Fashions on the Field Men’s Racewear competition is ineligible to enter the 2017 Competition.

16. Contestants participating in the 2017 Myer Fashions on the Field – Design Award and/or Millinery Award Competitions as a milliner or designer are not eligible to enter the 2017 Myer Fashions on the Field Men’s Racewear competitions and no item of clothing, headwear or accessory worn in the Millinery Award and/or Design Award may be worn by any Contestant in the 2017 Men’s Racewear competition (and vice versa).

17. Contestants may (at the absolute discretion of the Promoters) be disqualified from the Competition and any future Myer Fashions on the Field competitions if any item of clothing, headwear or accessory is found to be used in both 2017 Men’s Racewear competition and the Millinery and/or Design Award.

18. Any person who is in any way involved with, works as or otherwise works for an organisation or individual (including designers) that commercially produces fashion

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clothing, hats or similar for profit, and is deemed to receive an advantage through that position (at VRC’s discretion), is also ineligible to enter the competition.

19. Contestants must not be dressed by or styled by a designer or milliner (regardless of whether that designer or milliner has entered the Design Awards or Millinery Awards). Any Contestant found to be dressed by or styled by a designer or milliner will be automatically disqualified (at VRC’s discretion).

20. The Promoter takes no responsibility for any cancellations, delays, postponements or any other changes to the transport arrangements (including heavy traffic and delayed flights or trains) and the Contestants who fail to register in time, or fail to appear for their competition judging (heat or final) at the correct time will be disqualified from the competition and their entry deemed invalid.

21. Contestants must not in any way disparage or make derogatory comments in any form (whether verbally, electronically or otherwise) about the Promoter, any competition associated with the 2017 Myer Fashions on the Field competition or other contestants at any time. If a Contestant is seen to be doing so they will be immediately disqualified from the competition and all other competitions run or promoted by the Promoter in 2017 and 2018.

NO COMMERCIAL INVOLVEMENT

22. Neither Contestants nor their outfits are permitted to commercially promote a brand, store, or designer or any other commercial enterprise.

23. Contestants may only enter the competition in their own private capacity and not on behalf of a third party including any commercial enterprise.

24. Contestants must not receive any payment or benefit from a third party (including any commercial enterprise) for entering, participating or otherwise in connection with, the Competition.

JUDGING

25. The judging criteria (Judging Criteria) for the 2017 Myer Fashions on the Field Men’s Racewear competition is as follows:

a) Style and originality; b) Appropriateness of the outfit for the Melbourne Cup Carnival and the

individual; c) Attention to detail with accessories; d) Understanding and interpretation of the current fashion trends; and e) Grooming and deportment.

26. The Promoter will select the judging panel and each validly entered contestant will be judged based on the Judging Criteria (as interpreted by the judges in their absolute discretion). The judges’ decision is final and binding on every contestant and no correspondence will be entered into.

27. In the event of a draw, the Promoter’s adjudicator (a VRC representative) will determine the winner.

28. This Competition and Final is a game of skill. Apart from the drawing of the online registration prize winner, chance plays no part in determining the winners. All entries will be judged individually on their merits based on the Judging Criteria. The

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judges may also rank additional entries as Second Place, Third Place and so on in case the first chosen Final Winner is ineligible to receive their prize.

29. The Promoter will have representatives at the competition to ensure compliance with these Terms and Conditions. Any Contestant not complying with these Terms and Conditions in the opinion of the Promoter’s Representative may be immediately disqualified by the Promoter’s representative at their ultimate discretion.

MEN’S RACEWEAR DAILY COMPETITION PROCESS 30. The 2017 Myer Fashions on the Field Men’s Daily Racewear Competition will be

conducted over two days as set out in Clause 4. 31. Contestants in the Competition will compete in a series of stages (known as heats)

on the relevant day and will be directed onto stage shortly after registration. 32. Contestants who fail to appear for their competition judging (heat or final) at the

correct time will be disqualified from the competition and their entry deemed invalid.

33. Once a Contestant has entered the heats of the 2017 Competition, the Contestant is not permitted to make any further alterations or additions to any of the garments, otherwise they will be disqualified from the Competition.

34. Based on the Judging Criteria, the judges will then select a minimum of 20 entrants from the total number of entrants on each Competition Day to compete in the Preliminary Final.

35. A Preliminary Final will then be held on each Competition Day and the judges will then select 10 Preliminary Finalists to compete in the Daily Final on each day.

36. A Daily Final will then be held on each of AAMI Victoria Derby Day and Emirates Melbourne Cup Day.

37. Based on the Judging Criteria, the judges will select a top three daily finalists (Top Three Daily Finalists) on each Competition Day to compete in the Men’s Racewear Final. The top three AAMI Victoria Derby Day Daily Finalists will be required to attend on Emirates Melbourne Cup Day, Tuesday 7 November 2017.

FINAL – EMIRATES MELBOURNE CUP DAY 2017 PROCESS

38. The Top Three Daily Finalists’ for each Competition Day will compete in the 2017 Myer Fashion’s on the Field Menswear Final on Emirates Melbourne Cup Day at approximately 2:40pm AEST.

39. The promoter will advise the Top Three Daily Finalists of registration and competition judging times and any Top Three Daily Finalist who fails to appear at the correct time will be disqualified from the Final and their entry deemed invalid.

40. The judges will then determine the winner of the 2017 Myer Fashions on the Field Men’s Racewear winner, together with a second place and third place, in accordance with the Judging Criteria.

ONLINE REGISTRATION PRIZE – Presented on EMIRATES MELBOURNE CUP DAY 2017 only

41. All Contestants that validly registered online for the Competition during the Online Registration Period will be automatically entered into the draw to win the prize set out in the Prize Schedule.

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42. The draw method will be via a computerised draw system or selection to be drawn at approximately 1:00pm AEST on Emirates Melbourne Cup Day 2017. The computerised draw system used to draw the prize(s) will be operated by a suitably qualified person in the operation and integrity of such systems.

43. The winner of the online registration prize is not required to attend the draw, and will be contacted in writing and by telephone, and their name published on the VRC website for a period of 28 days (www.flemington.com.au) from Monday 13 November 2017.

44. If the winner cannot be contacted by 5:00pm AEST on Monday 11 December 2017, the prize will be re-drawn at 10:00am AEST on Tuesday 12 December 2017 at the Promoter’s offices.

WINNERS AND COMPETITION PRIZES

45. The winners of each heat, Daily Final and Final will be notified on the respective Competition Day via MC announcement at the conclusion of each heat or final as applicable.

46. All Daily Winners and Finalists will receive the prizes described and set out in the Prize Schedule.

47. The total prize pool for the Competition is valued at over $49,298 (incl GST). GST does not apply to the issuing of Gift Cards.

48. Prizes are non-transferable, non-exchangeable and not redeemable for cash and are subject to change at the discretion of the Promoter for other prizes of equal or greater value. If a prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a prize of equal or greater value, subject to any written directions from the lottery authorities.

49. The total maximum prize value is correct at the time of printing. The Promoter is neither responsible nor liable for any change in the value of prize occurring between the printing date and date the prize is claimed. All prize values are in Australian dollars.

50. All prizes remain the property of the winner once awarded. No interest in a prize may be granted or transferred to a third party by a winner.

51. If for any reason, the Promoter becomes aware after a Contestant has won a prize that the Contestant has not complied with these Terms or that their entry is otherwise invalid, that Contestant will have no entitlement to that prize, even if the Promoter has announced them as the winner and that Contestant will be required, at the direction of the Promoter to return, refund or otherwise make restitution of the prize.

52. Where a prize is referred to as a ‘Myer Shopping Spree’, this will be delivered in the form of a Myer Gift Card to the relevant amount.

53. If the Prize includes Myer Gift Cards, Gift Cards are treated like cash. Lost or stolen Gift Cards will not be replaced or refunded. Gift Cards cannot be used for the payment of credit or store accounts. Gift Cards are not redeemable for cash and cannot be exchanged. Gift Cards expire two years from the issue date. Any unused amount after the expiry date of the Gift Card will not be refunded or credited. Gift Cards are not reloadable. For full terms of use and full details concerning applicable

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exclusions, visit www.myer.com.au or call 1300 398 226. Gift Cards are to be used for the purchase of goods and services at Myer stores in Australia.

54. All travel and accommodation prizes must be taken exactly as specified by the prize provider and these Terms and Conditions (including the Prize Schedule), unless the Promoter or prize provider advises otherwise. Conditions of travel, accommodation and vehicle leasing or use apply and travel and accommodation prizes are subject to availability.

55. Any additional ticketing or accommodation requirements (including alterations or extensions), or changes to ticketing and accommodation will be at the discretion of the prize supplier and at the prize winner’s expense.

56. All ancillary costs and expenses (including petrol, transport, airport transfers, additional insurance, food, beverages, entertainment and spending money) in taking any prize will be the responsibility of the prize winner (unless expressly stated).

57. Frequent flyer points will not form part of any travel prize and cannot be claimed by a prize winner or other companions.

58. The winner and any travelling companion(s) are responsible for ensuring they have all necessary travel insurance (if not included in the prize) and documents to travel to the relevant place(s) (including passports and visas, if required). The winner is responsible for ensuring that they and their travelling companion(s) are fit to travel and have received appropriate immunisations and/or health checks prior to taking the Prize. It is the contestant’s responsibility to check and prepare for travel warnings and any perceived hazards with appropriate authorities, including www.dfat.gov.au. The Promoter is not responsible for any illness, injury or property damage that affects the winner while undertaking the travel prize.

59. If the Prize involves a winner attending an event, if any part of the event is abandoned, called off, varied or postponed for any reason, then at the Promoter’s discretion, the relevant winner (and their companion(s), if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the prize. If the event is varied or postponed, the Promoter, where reasonable, will try to vary arrangements to allow the winner (and their companion(s)) to attend the varied or postponed event (unless doing so would involve additional costs to the Promoter).

60. The Promoter takes no responsibility for any negative encounter experienced by a prize winner including but not limited to cancellation, changes or delays of flights or other transport arrangements, cancellations or postponement of an event, inclement weather or any illness experienced by the winner. Any costs incurred as a result (including accommodation costs) are the sole responsibility of the prize winner and no substitute prize or compensation will be offered under any circumstances.

61. If the prize relates to the Hong Kong International Racing Tour, the Winner agrees that the following conditions apply: a) The provision of this prize is subject always to the terms and conditions of the

prize supplier being Australian OpCo Pty Ltd (ABN 20 003 279 534,) trading as Corporate Traveller.

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b) Prize must be taken on a set date – departing Tuesday 5 December 2017 and returning Tuesday 12 December 2017.

c) Prize is not redeemable for cash or eligible to be on-sold to another person. 62. Where a prize includes alcohol, the Promoter supports the responsible service of

alcohol and may, at its sole discretion, refuse to award any alcohol-related prize if it would breach any relevant laws or codes including those relating to the responsible service of alcohol, or if the Promoter determines in their absolute discretion, that the winning entrant is not in the physical or mental condition necessary to be able to safely participate in or accept the prize.

63. Once a prize has been claimed by the winner and has been collected, or if arranged between the Promoter and the winner, has been delivered or collected from the Promoter’s premises, the Promoter takes no responsibility for the prize being damaged, delayed or lost in transit.

64. If a winner is not an Australian resident, the winner is responsible for ensuring delivery of their prizes to their home country, and agrees that all costs in respect of shipping, handling and postal insurance and any other ancillary costs relating to the delivery and use of those prizes will be at the winner’s sole expense.

65. If the prize(s) is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The winners of each prize agrees that the Promoter will not be responsible or liable for the failure of a third party prize supplier to provide all or any part of the relevant prize.

66. If a prize winner is unable or unavailable to participate in or use a prize awarded, that prize may be forfeited in full and no substitute prize or compensation will be offered.

67. Prize winners are advised that tax implications may arise as a result of accepting their prize. The Promoter is not responsible for such tax implications and prize winners should seek independent financial advice where necessary.

68. The 2017 winner of the Competition must be available for a minimum of eight promotional appearances, if required by the Promoter, during 2017/2018, free of charge. The Promoter will be responsible for reasonable transport and transfer costs where the winner is required to attend.

69. Should a winner prove to be ineligible for the Competition, be unable to fulfil the Contestant Criteria in any way, not agree to any of the Terms, breach these Terms or interfere with the fair running of the competition (or attempt to do so) or, if despite using all reasonable attempts to do so, the Promoter is unable to contact the winner on the day in order to award the prize at the prize winners ceremony, then some or all of their prizes may be passed on to the Second Place. If the Second Place similarly fails to qualify for a prize, then the prize will be transferred to the Third Place and so on.

70. All Finalists from the 2017 Myer Fashions on the Field Men’s Racewear competition are not permitted to enter the 2018 competition in the same outfit.

71. The 2017 Men’s Racewear Winner is not permitted to enter the Myer Fashions on the Field Men’s Racewear competition in 2018.

72. The winner of the 2017 Myer Fashions on the Field Men’s Racewear competition must not become an ambassador, face of, judge of a fashion competition,

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spokesperson for, or associated with any other racecourse in Australia than Flemington, unless approved in writing by the Promoter, within 12 months after winning the 2017 Myer Fashions on the Field Men’s Racewear competition.

PHOTOGRAPHS AND PERSONAL DETAILS

73. The Promoter collects personal information from Contestants in order to facilitate the Competition. Entrants’ personal information may also be provided to third parties (including prize suppliers) for the purpose of administering this Competition, providing prizes or to the State and Territory lottery departments as required under the relevant lottery legislation. If the information requested is not provided, the Contestant may not be eligible to participate in the Competition.

74. The Promoter will handle personal information disclosed by the Contestant in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth) and the terms of its privacy policy located at http://www.flemington.com.au/privacy-policy/.

75. All entries will be entered into a database upon registration, and the Contestant agrees that unless they have “opted out”, the Promoter may also use personal information for future promotional, marketing, publicity and research purposes, including keeping the entrant informed of the latest VRC news, events, surveys promotions and offers. If applicable, unless the Contestant has opted out, their personal information may also be disclosed to the Promoter’s partners and sponsors (including Myer) to enable communication for specific purposes.

76. Contestants may access the information that the Promoter holds about them, or request to “opt-out” of any future communications by contacting the Promoter’s Privacy Officer at 448 Epsom Road, Flemington, Victoria 3031 or by emailing [email protected].

77. Without limitation, Contestants authorise and grant the Promoter: a) the right to record the their image, voice and performance during 2017 Myer

Fashions on the Field Men’s Racewear competition and 2017 Melbourne Cup Carnival, including in photographs, film and other audio-visual materials (the Materials); and

b) the right to copy, adapt, edit, alter, reproduce, publish, distribute, exhibit, broadcast, transmit, and otherwise exploit, and permit others (including Myer) to exploit, parts or all of the Materials which have been recorded of the Contestant in all media (including but not limited to on websites or via digital applications, and via social media such as Facebook or YouTube), throughout the world and in perpetuity, for the purposes of publicity, marketing, advertising and promotion of VRC, Flemington Racecourse and any racedays or events organised by VRC, including future Fashions on the Field competitions, without further credit, compensation or reward.

78. Contestants acknowledge and agree: a) that all copyright and intellectual property in the Materials belongs, or is

assigned, to the Promoters; b) that they release the Promoter from any claims they may have relating to the

Materials or any use, reproduction, publication, editing or changes made to or of the Materials; and

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c) that they waive, in favour of the Promoter, any rights in the nature of moral rights as defined in the Copyright Act 1968 (Cth) in relation to the Materials, including but not limited to any rights of authorship or attribution, and consent to any acts by any Promoter which may infringe such moral rights.

GENERAL

79. All entries become the property of the Promoter when submitted. 80. At the time of publishing all information was correct. 81. If, for any reason, the Competition or any of the prizes are not capable of being run

or offered as planned, the Promoter reserves the right in its absolute discretion to take any action that may be available to it. Any actions are subject to State and Territory regulations and may include cancellation, termination, modification or suspension of the Competition. If the Competition is not capable of being run, the Promoter will not be liable for any loss or damage of any kind to contestants arising out of any resultant action taken by the Promoter.

82. Unless required by any law, including the Australian Consumer Law, the Promoter, and its respective officers and employees, its agents, its contractors, its associated entities and their respective officers will not be liable for any loss (including but not limited to, indirect, special or consequential loss, loss of opportunity or loss of profits), expense, damage, personal injury or death which is suffered or sustained in connection with any part of this Competition (including entry, collation of contestant details, prize draw and determination of the winners), or use or acceptance of the prize or the prize itself, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum extent allowable by law).

83. If requested by the Promoter, any contestant or winner (and their companion(s), if applicable) (or if a Contestant, winner or companion is not an adult, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this Competition and/or providing the prize prior to undertaking any specified activities forming part of the Competition, acceptance or use of the prize or the prize itself. If any Contestant, winner, nominated companion or parent/guardian (if applicable) does not sign the indemnity form provided by the Promoter within the time requested by the Promoter, the relevant Contestant’s or winner’s entry or claim will be deemed invalid. Where a winner’s entry or claim is deemed invalid, the prize will be deemed unclaimed.

84. The Promoter may at its absolute discretion prohibit or disqualify a Contestant from participating in this Competition, cancel or suspend a prize or cease to provide prize to a prize winner if the Promoter is made aware that the Contestant (at any time before or during the Competition), or the prize winner (at any time during the 2017/2018 period as a representative of the 2017 Myer Fashions on the Field competition) or any of their companion(s) are, in the reasonable opinion of the Promoter: a) Is in breach of these Terms and Conditions; b) under the influence of alcohol or drugs; c) engaging in criminal behaviour;

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d) behaving aggressively, disruptively or in any other inappropriate manner; e) engaging in conduct that is misleading, deceptive or contrary to law; or f) engaging in any other conduct or behaving in any other manner which might

reasonably be expected to adversely affect the image of, or otherwise diminish the good name and reputation of the Promoter, its Sponsors or any of their respective events, goods or services.

85. If the Contestant or winner engages in any conduct under Clause 84, the Promoter in its sole discretion, may prohibit the Contestant or winner from participating in future Fashions on the Field events conducted or promoted by the Promoter.

86. The Promoter is not responsible for any problems or technical malfunctions of any telephone network, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the internet or at any website, or any combination thereof. If for any reason any aspect of the competition is not capable of running as planned due to such technical malfunctions, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition and invalidate any affected entries.

87. The Promoter's decisions in connection with the Competition are final and no correspondence will be entered into.

88. These Terms are governed by the laws of Victoria, Australia. Each Contestant submits to the exclusive jurisdiction of the courts exercising jurisdiction there in connection with matters concerning these Terms and waives any rights to claim that those courts are an inconvenient forum.

89. The Promoter is Victoria Racing Club Limited ACN 119 214 078, 448 Epsom Rd, Flemington, Vic, 3031.

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PRIZE SCHEDULE – 2017 MYER FASHIONS ON THE FIELD MEN’S RACEWEAR *Note: All prizes are subject to the Terms and Conditions (and your attention is drawn in particular to those set out in clauses 45 – 72). All prize values are inclusive of GST (where applicable). A. Men’s Racewear DAILY Competition (DAILY COMPETITIONS) Presented on AAMI Victoria Derby Day and Emirates Melbourne Cup Day only Top Three Daily Finalists

Myer Shopping Spree to the value of $1,500^

One $250 Antler voucher for luggage*

Hospitality for the winner and a guest in the Myer Fashions on the Field enclosure on the Competition Day

A flute of Seppelt Sparkling on the Competition Day Remaining Top 7 Finalists

One $150 Antler voucher for luggage*

Myer Gift Card to the value of $100^ B. Men’s Online-Registration Competition (Presented on Emirates Melbourne Cup Day only)

Myer Gift Card to the value of $500^ ^Myer Voucher - Terms and conditions apply as detailed in Clauses 52 and 53 of the Terms and Conditions. *Antler Voucher – Terms and conditions apply – contact Antler for further details.

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C. Men’s Racewear Final (Presented on Emirates Melbourne Cup Day Only) Winner

A IWC Portofino Hand-Wound Moon Phase Watch. This timepiece is courtesy of Kennedy and retails for $18,900.

o The Portofino Hand-Wound Moon Phase in stainless steel pays homage to the first Portofino 1984, which also had a moon phase display. The silver-plated dial with moon phase display, date, small seconds and power reserve display is simple and balanced. The dark brown strap is made from alligator leather by the Italian company Santoni.

A tour for two (2) to Hong Kong valued at approx. $10,000 o Prize is subject to Corporate Traveller’s Terms and Conditions – see clause 61 for further

details o Tour includes:

Return economy class airfares Return airport / hotel transfers Return hotel / racecourse transfers Accommodation on a twin share basis Breakfast daily Early Morning Trackwork & Breakfast at Sha Tin Admission, private box seating, racebook, buffet meal & beverages at Sha Tin &

Happy Valley Half day orientation tour of Hong Kong Porterage of one bag per person

o Travel insurance, Visa fees, Airline and Airport taxes and meals other than those listed above are not included.

Myer Shopping Spree to the value of $4,000^

A TCL TV package including 55" Ultra HD Smart TV plus a 40" Full HD LED TV valued at a total of $2,298 (inc GST)

One $1,100 Antler voucher for luggage*

A flute of Seppelt Sprakling on the Competition Day

Second Place

Myer Shopping Spree to the value of $2,000^

One $500 Antler voucher for luggage*

Two (2) nights’ accommodation for two (2) people in a classic king room at Sofitel Melbourne on Collins values at $1,200 valid for six (6) months from the date of the event (breakfast not included)

A flute of Seppelt Sparkling on the Competition Day

Third Place

Two (2) nights’ accommodation for two (2) people in a classic king room at Sofitel Melbourne on Collins values at $1,200 valid for six (6) months from the date of the event (breakfast not included)

Myer shopping spree to the value of $1,000^

One $100 Antler voucher for luggage*

A flute of Seppelt Sparkling on the Competition Day ^Myer Voucher - Terms and conditions apply as detailed in Clauses 52 and 53 of the Terms and Conditions *Antler Voucher – Terms and conditions apply – contact Antler for further details.