Dubbo Region Discovery App

1. About the Application

1.1. Welcome to Dubbo Region Discovery (the 'Application'). The Application is a promotional tool that uses virtual and augmented reality to allow users to explore exhibitions, observe major project plans and play exciting games around the Dubbo Region, all from your smartphone.

1.2. The Application is operated by Dubbo Regional Council (ABN 53539070928). Access to and use of the Application, or any of its associated Products or Services, is provided by Dubbo Regional Council. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.

1.3. Dubbo Regional Council reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Dubbo Regional Council updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Dubbo Regional Council in the user interface.

3. Copyright and Intellectual Property

3.1 The Application, the content and all of the related products of Dubbo Regional Council are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Dubbo Regional Council or its contributors.

3.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Dubbo Regional Council, who grants to you a worldwide, nonexclusive, royalty-free, revocable license whilst you are a Member to:

(a) use the Application pursuant to the Terms;

(b) copy and store the Application and the material contained in the Application in your device's cache memory; and Dubbo Regional Council does not grant you any other rights whatsoever in relation to the Application or the content. All other rights are expressly reserved by Dubbo Regional Council.

(c) print pages from the Application for your own personal and non-commercial use.

3.3 Dubbo Regional Council retains all rights, title and interest in and to the Application and all related content. Nothing you do on or in relation to the Application will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

to you.

3.4 You may not, without the prior written permission of Dubbo Regional Council and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.

4. Privacy

Dubbo Regional Council takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Dubbo Regional Council's Privacy Policy, which is available at https://dubbo.com.au/discoveryapp.

5. General Disclaimer

5.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

5.2 Subject to this clause 5, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) Dubbo Regional Council will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

5.3 Use of the Application and the content is at your own risk. Everything on the Application and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Dubbo Regional Council make any express or implied representation or warranty about the content or any products or content (including the products or content of Dubbo Regional Council) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Application, the content, or any of its content related products (including third party material and advertisements on the Application);

(c) costs incurred as a result of you using the Application, the content or any of the products of Dubbo Regional Council; and

(d) the content or operation in respect to links which are provided for your convenience.

6. Limitation of liability

6.1 Dubbo Regional Council's total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.

6.2 You expressly understand and agree that Dubbo Regional Council, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

6.3 You acknowledge and agree that Dubbo Regional Council holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Application.

7. Termination of Contract

7.1 If you want to terminate the Terms, you may do so by providing Dubbo Regional Council with 14 days' notice of your intention to terminate by sending notice of your intention to terminate to Dubbo Regional Council via the 'Contact Us' link on our homepage.

7.2 Dubbo Regional Council may at any time, terminate the Terms with you if: (a) you have breached any provision of the Terms or intend to breach any provision; (b) Dubbo Regional Council is required to do so by law; (c) Dubbo Regional Council is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or (d) the provision of the Services to you by Dubbo Regional Council, is in the opinion of Dubbo Regional Council, no longer commercially viable.

7.3 Subject to local applicable laws, Dubbo Regional Council reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Dubbo Regional Council's name or reputation or violates the rights of those of another party.

7.4 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Dubbo Regional Council have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

8. Indemnity

8.1 You agree to indemnify Dubbo Regional Council, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or

(c) any breach of the Terms.

9. Dispute Resolution

9.1 Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

9.2 Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

9.3 Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by a representative of Dubbo Regional Council or his or her nominee;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held in Corner of Church and Darling streets, Dubbo, New South Wales, 2830, Australia.

9.4 Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

9.5 Termination of Mediation:

If 28 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

10. Venue and Jurisdiction

The Services offered by Dubbo Regional Council is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

11. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

12. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

13. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

1. What We Collect

The following privacy policy outlines how and why Dubbo Regional Council (“Dubbo Regional Council” “we” or “us”) collects, uses, and shares information about you when you use our website www.dubbo.com.au, the Dubbo Region Discovery app, associated Virtual Reality (VR) games and other online products and services (collectively, the "Services") or when you otherwise interact with us or receive a communication from us. This Privacy Policy applies to all of our Services listed above.

Dubbo Regional Council is committed to providing quality Services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

1.1 Information You Provide to Us

We collect information you provide to us directly when you use the Services. This includes:

(a) Account information. To create an account using the Services you must provide a valid email address, a username, and where applicable, a first name and last name. Your account information can be changed at any time by contacting us in writing or logging in to your account on our website.

(b) Content you submit. We collect the content you submit to the Services. This includes your username, saved drafts, and uploaded content such as text, links, images and videos.

(c) Actions you take. We collect information about the actions you take when using the Services. This includes score records and collections when playing the Dubbo Region Discovery app or associated VR games.

(d) Other information. You may choose to provide other information directly to us. For example, we may collect information when you fill out a form, participate in a competition or promotion, request support or otherwise communicate with us.

1.2 Information We Collect Automatically

(a) Log and usage data. We may log information when you access and use the Services, such as your IP address, browser type, operating system, referral URLs, device information, pages visited, links clicked, the requested URL, hardware settings and search terms.

(b) Information collected from cookies and similar technologies. We may receive information from cookies or similar technologies, to help understand user activity and improve the quality and personalisation of our Services. The majority of web browsers are set to accept cookies by default, however to can choose to set your browser to remove or reject first- and third- party cookies. This may affect the availability and functionality of our Services.

(c) Location information. We may receive and process information about your location when you choose to share such information on our Services. You can stop the collection of this information at any time by changing the preferences on your mobile device.

2. How We Use Information About You

• Provide, maintain and improve the Services;

• Research and develop new Services;

• Provide customer service;

• Communicate with you about products, services, offers, promotions, and events, and other news and information we feel might be of interest to you. You can opt out of these marketing lists at any time by clicking on the ‘Unsubscribe’ message at the bottom of our email marketing campaigns, or by requesting so in writing to marketing@dubbo.nsw.gov.au

• Monitor and analyse trends, usage and activities in relation to our Services;

• Communicate with you about prize draws, winners and promotional outcomes.

3. How Information About You Is Shared

When you use the Services, certain information may be shared with other users and the public. For example:

• When you participate in the VR games, your username may be displayed on the leaderboard, which is in publicly available on the VR location site. Usernames may also be shared Dubbo Regional Council’s social media channels or our website, along with your score.

• Information submitted online through event upload submissions, forms, competition or promotional entries may also be associated with your username, email address and/or first name and last name, which may also be publicly available.

Otherwise, we do not share, sell or give away your personal information to third parties, unless with written consent or at your direction, or required by any applicable law, regulation, legal process or governmental request.

4. Third Parties

• We use analytics partners (e.g. Google Analytics and Start Beyond) to help analyse usage and traffic for our Services. This includes the collection of browsing data and utilising cookies through our Google Analytics account.

• The Dubbo Region Discovery app is developed by Start Beyond on behalf of Dubbo Regional Council. Start Beyond manage and maintain the app reports, analytics and usage data, and provide this to Dubbo Regional Council. You can access Start Beyond's privacy policy here: https://www.startbeyond.co/privacy-policy

• When using our Services or signing up for online competitions, newsletters or marketing initiatives, we provide your email address to Mailchimp, where our database is stored. You can access Mail Chimp’s privacy policy here: https://mailchimp.com/legal/pr...

• Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

5. Data Retention

We store the information collected for as log as it is necessary for the purpose(s) for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.
Data collected from form fields on the website is stored on a dedicated Australian based Amazon server.

6. Children

We require all persons under the age of 18 to gain consent from a parent or guardian before creating a user account.

7. Policy Updates

This Policy may change from time to time and is available on our website.

8. Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact Dubbo Regional Council’s Economic Development and Marketing Branch at:

marketing@dubbo.nsw.gov.au

02 68014000

LTPS/19/40203

PROMOTER: Dubbo Regional Council (ABN 53 539 070 928)
Cnr Church and Darling streets
Dubbo NSW 2830

1. Information on how to enter and prizes form part of these Terms and Conditions.
2. Participation in this promotion is deemed acceptance of these Terms and Conditions.
3. Entry is open to all Australian residents aged 18 years and over. If you are under 18, you must get approval from your parent/guardian before you enter and if you will be under 18 on the date the prize is awarded, the prize may be awarded to your parent or guardian at the Promoter’s discretion. By approving your participation or by accepting any prize on your behalf, your parent or guardian accepts these terms and conditions.
4. Directors, officers, management and employees (and their immediate families) of the Promoter and any participating companies or Commonwealth, State, Territory or local government agencies where rules or guidelines applicable to such a company or agency prohibit receipt of a prize are eligible to play, but ineligible to enter the prize draw or receive a prize.
5. The promotion opens at 8am (AEST) Thursday 28 November 2019 and closes at 5pm (AEST) Sunday 15 December 2019 (“Promotional Period”).
   1. Round 1 (Thursday 28 November 2019 to Thursday 5 December 2019)
   2. Round 2 (Friday 6 December 2019 to Thursday 12 December 2019)
   3. Round 3 (Friday 13 December 2019 to Sunday 15 December 2019)
6. The draws will take place at the Dubbo Visitor Information Centre, Corner Macquarie Street and Newell Highway, Dubbo NSW 2830, Australia.
   1. Round 1 winners will be determined at 10am (AEST) Friday 6 December 2019.
   2. Round 2 winners will be determined at 10am (AEST) Friday 13 December 2019.
   3. Round 3 winners will be determined at 10am (AEST) Monday 16 December 2019.
   4. A numbered list is generated via Start VR, the administrating company of the Dubbo Region Discovery App, from all participating ticket holders. The promotional winners will be drawn using a random number generator (https://www.random.org/) and matched to their entry email address. The winner will be notified in writing via email within seven (7) days of the draw. The winner’s name will be published on https://dubbo.com.au/discoveryapp for 28 days from the date of each round draw, after which the prize is forfeited.
   5. There is a limit of one prize per email address. In the case of an email address begin drawn on a second occasion, a re-draw will occur.
7. The competition will run in participating Smile It’s Christmas stores which are displaying Smile It’s Christmas promotional material in Dubbo, NSW 2820, Australia.
8. To enter, individuals must, during the Promotional Period, download the Dubbo Region Discovery App from the Apple Store or Google Play, on their AR capable mobile device and create an account using a valid email address. Individuals receive an entry ticket by the following method:
   
   Round 1 and 2 ticket allocation
   1. Open The Great Christmas Chase game located within the Dubbo Region Discovery App.
   2. Locate the game stickers on the footpath in eight locations within the Dubbo CBD precinct; within the boundary of Cobra, Darling, Bligh and Erskine streets within the “Promotional Period”.
   3. Identify and enter the code found on the sticker into The Great Christmas Chase game located within the Dubbo Region Discovery App.
   4. Allow camera access on your AR capable mobile device, following the prompts within The Great Christmas Chase game located within the Dubbo Region Discovery App.
   5. Face your AR capable mobile device toward the ground and tap on the target on screen to reveal the present, following the prompts within The Great Christmas Chase game located within the Dubbo Region Discovery app.
   6. Click on the collect button within The Great Christmas Chase game located within the Dubbo Region Discovery App to collect the present and gain an entry into the prize draw.
   7. One entry is received for each lion, plane, coffee and cake, ticket, rhino, telescope, torch, paint palette icon collected (maximum of 8 to collect).
   8. Ten bonus entries are received for each 3D inmate character collected (maximum of 2 to collect).
   9. Individuals can receive a maximum of 14 tickets per round, resulting in a maximum of 14 entries per round within the “Promotional Period”.
      Round 3 ticket allocation
   10. Open The Great Christmas Chase game located within the Dubbo Region Discovery App.
   11. Individuals enter one of forty participating stores within the Dubbo CBD precinct; within the boundary of Cobra, Darling, Bligh and Erskine streets within the “Promotional Period,” and locate the Elf decal in store.
   12. Allow camera access on your AR capable mobile device, following the prompts within The Great Christmas Chase game located within the Dubbo Region Discovery App.
   13. Face your AR capable mobile device toward the Elf to scan the AR marker located on the Elf and enter the corresponding code, following the prompts within The Great Christmas Chase game located within the Dubbo Region Discovery app.
   14. One entry is received for each Elf collected (maximum 40 to collect).
   15. Individuals can receive a maximum of 40 tickets per round, resulting in a maximum of 40 entries per round within the “Promotional Period”.
9. 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 employment) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
10. Incomplete, indecipherable, or illegible entries will be deemed invalid by The Great Christmas Chase game located within the Dubbo Region Discovery App.
11. A representative from Dubbo Regional Council will draw the winners randomly.
    1. Round 1 winners will be determined at 10am (AEST) Friday 6 December 2019. The first 5 valid entries drawn randomly from the entries received up to and including 5pm (AEST) Thursday 5 December 2019 of the Promotional Period will win a Prize.
    2. Round 2 winners will be determined at 10am (AEST) Friday 13 December 2019. The first 5 valid entries drawn randomly from the entries received up to and including 5pm (AEST) Thursday 12 December 2019 of the Promotional Period will win a Prize.
    3. Round 3 winners will be determined at 10am (AEST) Monday 16 December 2019. The first 15 valid entries drawn randomly from the entries received up to and including 5pm (AEST) Sunday 15 December 2019 of the Promotional Period will win a Prize.
12. There are 25 Prizes to be awarded. A Prize consists One (1) myDubbo Region Shopping Card valued at $100 (including GST) to be redeemed at Participating Dubbo Region Stores. The minimum total prize pool is valued up to $2,500 (including GST)
13. The myDubbo Region Shopping Card is not reloadable and expires three years from the date of loading as per the Terms and Conditions of the administrating Company Why Leave Town Promotions. The Prize must be redeemed in full before 28 November 2022. The Prize is not, nor any component thereof, transferable, exchangeable or redeemable for cash.
14. It is a condition of accepting a Prize, the winner agrees to be interviewed, photographed, filmed at a time and date or supply photographs and comments when redeeming the prize as determined by the Promoter to be used by the Promoter or their agents for a story or feature on this promotion to be developed and pitched to media or featured on the promoter’s website or their social media pages (or any other form of media it deems suitable) without further remuneration or reference to the winner. The inclusion of any such feature (including but not limited to creative control of the feature) will remain with the Promoter at all times.
15. The winner must not engage in any illegal or unsafe behaviour whilst participating in the prize. To the extent allowable by law, the Promoter and its partners exclude any legal liability or responsibility for legal or otherwise incidents or activities engaged in by the winner during participation in the prize.
16. All prize items are valued inclusive of GST and the Promoter takes no responsibility for any variations in item values. The components of the Prize may alter for reasons beyond the Promoter’s control.
17. All Prizes must be taken as offered. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be redeemed as cash. The Prize is not valid in conjunction with any other offer. The Prize is valued in Australian dollars. The Promoter accepts no responsibility for any variation in the Prize value. Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their Prize.
18. In acceptance of the prize, the Winner acknowledges that they may incur additional costs associated with redeeming the Prize which are the entire responsibility of the winner.
19. In the event that for any reason whatsoever the Winner does not take the Prize at the time stipulated by the Promoter, then the Prize will be forfeited by the Winner and cash will not be awarded in lieu of the Prize.
20. In the event that a Prize, or part of a Prize, is unavailable, the Promoter reserves the right to substitute the Prize or part of the Prize in its discretion with an alternative Prize or part of the Prize to the same and equal recommended retail value and/or specification.
21. The Promoter is neither responsible nor liable for any late lost or misdirected mail (including but not limited to Prizes).
22. The Promoter is not responsible nor liable for any Prize damaged in transit in the delivery of their Prize.
23. Any cost associated with entering the Promotion or accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
24. In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including but not limited to natural disaster) the Promoter reserves the right to subject to reference to all relevant state and territory rules and regulations, to cancel, terminate, modify or suspend the promotion.
25. 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, as well as any other implied warranties under the ASIC Act 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 Promoter (including its respective officers, employees and agents) 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 the promotion.
26. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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 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 the prize.
27. 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, 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.
28. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its privacy policy, which can be accessed by visiting http://dubbo.com.au/privacypolicy.html. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may also, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including emailing the entrant. Entrants should direct any request to opt out, access, update or correct PI to the Promoter and direct any complaints regarding treatment of their PI according to the Privacy Policy. All entries become the property of the Promoter.

LTPS/19/40385

PROMOTER: Dubbo Regional Council (ABN 53 539 070 928)
Cnr Church and Darling streets
Dubbo NSW 2830

1. Information on how to enter and prizes form part of these Terms and Conditions.
2. Participation in this promotion is deemed acceptance of these Terms and Conditions.
3. Entry is open to all Australian residents aged 18 years and over. If you are under 18, you must get approval from your parent/guardian before you enter and if you will be under 18 on the date the prize is awarded, the prize may be awarded to your parent or guardian at the Promoter’s discretion. By approving your participation or by accepting any prize on your behalf, your parent or guardian accepts these terms and conditions.
4. Directors, officers, management and employees (and their immediate families) of the Promoter and any participating companies or Commonwealth, State, Territory or local government agencies where rules or guidelines applicable to such a company or agency prohibit receipt of a prize are eligible to play, but ineligible to enter the prize draw or receive a prize.
5. The promotion opens at 10am (AEST) Saturday 14 December 2019 and closes at 4pm (AEST) Tuesday 24 December 2019 (“Promotional Period”).
6. The competition and draw will take place at the Wellington Visitor Information Centre, Corner Nanima Crescent and Warne Street, Wellington NSW 2820, Australia.
   1. Winners will be determined at 4pm (AEST) on every day of the promotional period.
   2. A numbered list is generated via Start VR, the administrating company of the Dubbo Region Discovery App, from all participating players. The promotional winners will be drawn using a random number generator (https://www.random.org/) and matched to their entry email address. The winner will be notified in writing via email within seven (7) days of the draw. The winner’s name will be published on https://dubbo.com.au/discoveryapp for 28 days from the date of each round draw, after which the prize is forfeited.
   3. On Tuesday 24 December 2019, an overall prize will be awarded for the User who receives the highest score during the Promotional Period. The winner will be notified in writing via email within seven (7) days of the draw. The winner’s name will be published on https://dubbo.com.au/discoveryapp for 28 days from the date of each round draw, after which the prize is forfeited.
   4. There is a limit of one prize per email address. In the case of an email address being drawn on a second occasion, a re-draw will occur and the prize will be awarded to the second highest score of the day.
7. To enter, individuals must, during the Promotional Period, visit the Wellington Visitor Information Centre. The game will be available to play from 1pm to 4pm (AEST) on Monday to Friday and from 10am to 2pm on Saturday and Sunday (AEST) during the Promotional Period.
   
   Individuals receive an entry ticket by the following method:
   1. The User signs up with their details on the game facilitator’s hand held device or laptop.
   2. The User plays the game using the Virtual Reality headset and hand held controllers.
   3. The User’s score is projected onto the screen and their entry is validated.
8. 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 employment) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
9. Incomplete, indecipherable, or illegible entries will be deemed invalid by The Snowman Skirmish game located within the Dubbo Region Discovery App.
10. A representative from Dubbo Regional Council will draw the winners randomly.
    1. The winners will be determined at 4pm (AEST) on every day of the Promotional Period and will win a Prize, with a bonus draw on 4pm (AEST) on Tuesday 24 December for the highest score overall during the Promotional Period.
11. There are 12 Prizes to be awarded. A Prize consists One (1) myDubbo Region Shopping Card valued at $50 (including GST) to be redeemed at Participating Dubbo Region Stores. The minimum total prize pool is valued up to $600 (including GST).
12. The myDubbo Region Shopping Card is not reloadable and expires three years from the date of loading as per the Terms and Conditions of the administrating Company Why Leave Town Promotions. The Prize must be redeemed in full before 24 December 2022. The Prize is not, nor any component thereof, transferable, exchangeable or redeemable for cash.
13. It is a condition of accepting a Prize, the winner agrees to be interviewed, photographed, filmed at a time and date or supply photographs and comments when redeeming the prize as determined by the Promoter to be used by the Promoter or their agents for a story or feature on this promotion to be developed and pitched to media or featured on the promoter’s website or their social media pages (or any other form of media it deems suitable) without further remuneration or reference to the winner. The inclusion of any such feature (including but not limited to creative control of the feature) will remain with the Promoter at all times.
14. The winner must not engage in any illegal or unsafe behaviour whilst participating in the prize. To the extent allowable by law, the Promoter and its partners exclude any legal liability or responsibility for legal or otherwise incidents or activities engaged in by the winner during participation in the prize.
15. All prize items are valued inclusive of GST and the Promoter takes no responsibility for any variations in item values. The components of the Prize may alter for reasons beyond the Promoter’s control.
16. All Prizes must be taken as offered. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be redeemed as cash. The Prize is not valid in conjunction with any other offer. The Prize is valued in Australian dollars. The Promoter accepts no responsibility for any variation in the Prize value. Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their Prize.
17. In acceptance of the prize, the Winner acknowledges that they may incur additional costs associated with redeeming the Prize which are the entire responsibility of the winner.
18. In the event that for any reason whatsoever the Winner does not take the Prize at the time stipulated by the Promoter, then the Prize will be forfeited by the Winner and cash will not be awarded in lieu of the Prize.
19. In the event that a Prize, or part of a Prize, is unavailable, the Promoter reserves the right to substitute the Prize or part of the Prize in its discretion with an alternative Prize or part of the Prize to the same and equal recommended retail value and/or specification.
20. The Promoter is neither responsible nor liable for any late lost or misdirected mail (including but not limited to Prizes).
21. The Promoter is not responsible nor liable for any Prize damaged in transit in the delivery of their Prize.
22. Any cost associated with entering the Promotion or accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
23. In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including but not limited to natural disaster) the Promoter reserves the right to subject to reference to all relevant state and territory rules and regulations, to cancel, terminate, modify or suspend the promotion.
24. 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, as well as any other implied warranties under the ASIC Act 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 Promoter (including its respective officers, employees and agents) 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 the promotion.
25. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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 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 the prize.
26. 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, 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.
27. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its privacy policy, which can be accessed by visiting http://dubbo.com.au/privacypolicy.html. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may also, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including emailing the entrant. Entrants should direct any request to opt out, access, update or correct PI to the Promoter and direct any complaints regarding treatment of their PI according to the Privacy Policy. All entries become the property of the Promoter.

As per our Terms and Conditions, Directors, officers, management and employees (and their immediate families) of Dubbo Regional Council are ineligible to receive a prize. Immediate family shall mean the following:

• A spouse of de facto partner of the employee
• A child of the employee
• A parent of the employee
• A sibling of the employee
• A grandchild of the employee
• A child of the spouse or de facto partner of the employee
• A parent of the spouse or de facto partner of the employee
• A sibling of the spouse or de facto partner of the employee
• A grandchild of the spouse or de facto partner of the employee
• A member of the employees extended family living in the same domestic dwelling as the employee