Terms and Conditions

Christmas in Ballarat Art Trail Competition – Win one of three (3) Ballarat hampers

For your chance to WIN one of three (3) Ballarat Hampers, visit www.christmasinballarat.com.au or use the QR code displayed at each Christmas in Ballarat Art Trail location.

To enter, participants must visit 5 different designated locations and correctly answer one question at each location.

A map of the Christmas in Ballarat Art Trail locations can be found at www.christmasinballarat.com.au.

Participants who correctly answer the question at all 5 locations will be entered into a random draw.

Competition terms and conditions:

1. The Christmas in Ballarat Art Trail Competition is conducted by the City of Ballarat (ABN: 37 601 599 422).

2. Entering is deemed acceptance of these Terms and Conditions.

3. Promotion commences 8:30am, Monday 11 November 2024 and ends 9pm, Sunday 22 December 2024. AEDST.

4. Entry into the promotion is open to all residents of Australia.

5. Entrants under 18 years of age must have parent/guardian approval to enter and further, the parent/guardians must read and consent to these Terms and Conditions.

6. City of Ballarat employees and Ballarat City Councillors, and their immediate family are not eligible to win this promotion.

7. Entries not completed in accordance with these Terms and Conditions will be rejected and any late, incomplete, indecipherable or illegible Entries will be deemed invalid. Entries will be deemed accepted at the time of receipt by the City of Ballarat and not at the time of transmission.

8. Entries that are offensive or deemed inappropriate by the City of Ballarat will not be considered.

9. Entrants are allowed to submit more than one entry. Entrants will only be able to win once, regardless of how many Entries are submitted.

10. Prize winners will win one of three Christmas Hampers. Prizes will be allocated in the order in which they are drawn – first random entrant to be drawn awarded first prize, second random entrant to be awarded second prize, and third random entrant to be awarded third prize:

First Prize (RRP $500):  Big Three Ballarat Family Pass (2 adults, 2 children) and Made of Ballarat Shop Hamper

Second Prize (RRP $300): Back in Time Ballarat Family Pass (2 adults, 2 children) and Made of Ballarat Shop Hamper.

Third Prize (RRP $200): Made of Ballarat Shop Hamper

11. In the instance that the winner drawn is under the age of 18, the prize will be awarded to the Parent/Guardian.

12. The prize is non-transferable.

13. No part of this prize is exchangeable or redeemable for cash or any other prize.

14. The winners will be drawn at random by the City of Ballarat on Monday 23 December 2024.

15. The winners will be notified by phone and announced on www.christmasinballarat.com.au (first initial and last name) on Monday 23 December 2024.

16. The prize is to be collected by the winner from the Ballarat Information Centre at a date/time agreed to by prize winner and City of Ballarat. If a winner does not respond within 14 days of being announced, the winner’s prize will be forfeited, and the City of Ballarat shall be entitled to draw another winner in accordance with the process described above.

17. City of Ballarat decision is final, and no correspondence will be entered into.

18. Your personal information is being collected by City of Ballarat to enable identification of the winner. Your information will be stored in Council’s Database and used to identify you when communicating with Council and for the delivery of services and information. Your personal details will be added to the City of Ballarat email database for the purpose of contact for future promotions and marketing information. For further information on how your personal information is handled, refer to Council’s Privacy Policy at www.ballarat.vic.gov.au. 

Christmas in Ballarat Colouring Competition – Weekly Competition

Competition terms and conditions:

1. The Christmas in Ballarat Colouring Competition is conducted by the City of Ballarat (ABN: 37 601 599 422).

2. Entering is deemed acceptance of these Terms and Conditions.

3. Promotion commences 8:30am, Monday 11 November 2024 and ends 5:00pm, Sunday 22 December 2024 (AEDST).

4. Entry into the promotion is open to all residents of Australia.

5. Entrants under 18 years of age must have parent/guardian approval to enter and further, the parent/guardian must read and consent to these Terms and Conditions.

6. City of Ballarat employees and Ballarat City Councillors, and their immediate family are not eligible to win this promotion.

7. To enter, eligible individuals must complete the following steps during the Promotional Period.

▪ Collect your colouring sheet: Collect your free colouring sheet from Ballarat’s Magical Christmas Emporium located in Albert Street, Ballarat. Or download it for the Christmas in Ballarat website (www.christmasinballarat.com.au)

▪ Submit your completed artwork to the mailbox located at Ballarat’s Magical Christmas Emporium located in Albert Street, Ballarat by the Entries Close dates referred below.

8. Winners will be drawn at random by the City of Ballarat.

9. Entrants are allowed to submit more than one entry. Entrants will only be able to win once, regardless of how many Entries are submitted.

10. Entries that are offensive or deemed inappropriate by the City of Ballarat will not be considered.

11. The winners will be notified by phone on the “Draw date for Weekly Winners” referred below and announced on www.christmasinballarat.com.au (first initial and last name).

Week	Entries Open	Entries Close (5:00pm)	Draw date for Weekly Winners
ONE (1):	Monday, 11 November 2024	Friday, 22 November 2024	Tuesday, 26 November 2024
TWO (2):	Saturday, 23 November 2024	Friday, 29 November 2024	Tuesday, 03 December 2024
THREE (3):	Saturday, 30 November 2024	Friday, 06 December 2024	Tuesday, 10 December 2024
FOUR (4):	Saturday, 07 December 2024	Friday, 13 December 2024	Tuesday, 17 December 2024
FIVE (5):	Saturday, 14 December 2024	Sunday, 22 December 2024	Monday, 23 December 2024

12. Artworks may be placed on display inside the shipping container as determined by the City of Ballarat. Personal details of displayed artwork will be hidden.

13. Entries must not include copyright material or intellectual property of third parties in their entry.

14. The weekly winner will win a Made of Ballarat Arts & Crafts Hamper to the value of $200 (RRP).

15. In the instance that the winner drawn is under the age of 18, the prize will be awarded to the Parent/Guardian.

16. The prize is non-transferable.

17. No part of this prize is exchangeable

18. Prizes are to be collected by the winner from the Ballarat Information Centre at a date/time agreed to by prize winners and City of Ballarat. If a winner does not respond within 14 days of being announced, the winner’s prize will be forfeited, and the City of Ballarat shall be entitled to draw another winner in accordance with the process described above.

19. City of Ballarat decision is final, and no correspondence will be entered into.

20. Your personal information is being collected by City of Ballarat to enable identification of the winner. Your information will be stored in Council’s Database and used to identify you when communicating with Council and for the delivery of services and information. For further information on how your personal information is handled, refer to Council’s Privacy Policy at www.ballarat.vic.gov.au. 

Terms and Conditions for Santa Voice Messages

Children under 18 years of age must have a parent/guardian present and further, the parent/guardian must read and consent to these Terms and Conditions.

1. Recording and Use

By leaving a voice message for Santa. You consent to the recording of the message. Voice recording may be used for promotional purposes, including sharing on City of Ballarat’s website and social media platforms.

• Privacy

To protect your privacy, names and any other personal details will not be identified or shared publicly. Only the content of the voice message itself may be used for promotional purposes.

• Consent

By leaving a voice message, you confirm that you consent to the recording and use of the message as described above.

• Use Limitations

Voice recordings are intended for entertainment and promotional purposes only. They will not be used in any manner beyond the stated promotional activities.

Abbreviated version for the telephone instructions.

Voice messages to Santa will be recorded and may be used for promotional purposes, but children’s names and personal details will not be shared. By participating, parents or guardians consent to these terms.

Christmas in Ballarat website terms and conditions

Last updated on 27 November 2022

1. Definitions

In these terms and conditions:

• Content – means any content information images or other material in or on the Site.
• Privacy Policy – means Our privacy policy which can be viewed here
• Site – means the website at www.christmasinballarat.com.au
• Terms of Use – means the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site.
• Third Party Site – means the sites and resources located on servers operated and maintained by third parties.
• Us, We or Our means the City of Ballarat ABN 37 601 599 422
• You or Your – means the person, individual, company, organisation, partnership or entity using, viewing or accessing this Site.

2. Ownership

The Site is owned and operated by Us.

3. Acceptance

3.1 Your use of or access to this Site is conditional upon Your acceptance and compliance with the Terms of Use. By continuing to use, or access this Site, You agree to be bound by the Terms of Use. If You do not agree to the Terms of Use, please stop using the Site immediately.  

3.2 We may at any time vary, revise, add, amend, modify, or delete any part of these Terms of Use or the Site by publishing the variations on the Site.  

3.3 Any amended Terms of Use (made in accordance with Clause 3.2 above) will be effectively immediately and You will be bound by the amended Terms of Use from that time.  

3.4 You agree to be bound by the Terms of Use, and You should periodically refer to them.  

4. Termination

4.1 The Terms of Use are effective until terminated by Us.  

4.2 We may terminate these Terms of Use and Your access to the Site at any time without notice for any reason, including if We believe that you may have violated these Terms of Use.  

4.3 If You violate any Terms of Use, Your right to use and access the Site automatically terminates.  

4.4 You agree that all restrictions imposed on You, disclaimers and limitations of liability set out in the Terms of Use are reasonable and will survive termination of these Terms of Use or any license granted to You to use this Site.  

5. Restrictions on use

5.1 You agree and warrant that You will not use the Site in a manner that is illegal or otherwise inconsistent with these Terms of Use, or that We deem objectionable.  

5.2 You must not reproduce, distribute, publicly perform, publicly display or create derivative works of any of the Content unless authorised by Us (and where appropriate, the copyright owner).  

5.3 You must not copy, reproduce, republish, post, upload, distribute, transmit or modify in anyway all or any part of the content, unless expressly provided for on the Site or expressly authorised by Us.  

5.4 You agree not to post or transmit this Site any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal activities, which is unlawful, threatening, abusive, harassing, defamatory, libellous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, hateful, scandalous, pornographic, objectionable, which gives rise to civil or criminal liability or otherwise violates any local, state or federal laws. 

5.5 You must not post or transmit through this Site any advertising or commercial materials or promotional materials relating to services or companies that are competitive with Us. 

5.6 We may monitor the content of this Site to determine compliance with the Terms of Use.  

5.7 You undertake to Us not to violate any applicable laws, statutes, ordinance or regulations when using this Site. 

5.8 We have the absolute right and discretion to edit, refuse to post, or remove any material or submission submitted to or posted to this Site that We find to be in violation of these Terms of Use or otherwise objectionable.  

6. Security

6.1 You agree that you will only access the Site through the interfaces we provide.  

6.2 You agree not to “hack” or reverse-engineer the Site or take any action that could have the effect of damaging the Site or its security or interfere with others’ use of the Site.  

6.3 You agree that you must not cause or allow any computerize or mechanical process to access or to collect content from the Site, or to send unsolicited or unlawful email, to or through the Site with reference to Us or the Site.  

6.4 Violations of system or network security may result in civil or criminal liability. 

7. No warranties or representations

7.1 The Site and content are provided on an ‘as is’ basis without any warranties of any kind other than any statutory warranties or warranties that cannot be excluded under applicable Australian consumer protection laws.  

7.2 Subject to clause 7.1 above, We, to the fullest extent permitted by law, disclaim all warranties.  

7.3 You acknowledge that You have not relied on any representation made by Us which has not been stated expressly in these Terms of Use.  

7.4 Except as provided by any applicable Australian consumer protection laws, We do not warrant that:  

(a) access to this Site will be uninterrupted;  

(b) the services offered on the Site will be error-free;  

(c) the Content is complete, error free or up to date; or  

(d) this Site and its servers are free of computer viruses and other harmful data, code, components or other material.  

7.5 We recommend that prior to using any downloaded file; You carryout out an appropriate virus check.  

8. Limitation of liability

8.1 Your use of this Site is at Your own risk.  

8.2 To the extend permitted by law, by using this Site You undertake to Us that You waive all rights You may have against Us for defamation, misleading and deceptive conduct, injurious falsehood, unconscionable conduct, criminal libel, negligence or any other cause of action whatsoever whether arising as a matter of statutory law, common law or otherwise. 

8.3 In no way will We or Our affiliates, or any party involved in creating, producing or delivery of this Site, be liable for any direct, incidental, consequential, indirect, special, or punitive damages of any kind (including but not limited to lost profit, business interruption, harm to business reputation or legal costs, defense costs or settlement costs) arising out of Your access, use misuse or inability to use this Site, any linked Third Party sites, any advertisers’ products, services, goods, or events offered on or in connection with the Site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line software or system failure.  

8.4 In the event that You have a dispute with another user of the site, related to, arising from, or in any way connected with the use of the site, You release Us and Our officers, directors, owners, employees, agents, information providers, affiliates, subsidiaries, partners, and licensors from any claims, demands, and damages of ever kind and nature arising out of or in any way connected with such a dispute.  

8.5 Our liability is only limited to the extent permitted by law in each jurisdiction.  

9. Indemnity

You agree to indemnify Us, Our directors, officers, employees and related entities from and against any and all claims, demands, proceedings, losses and damages of any kind (including reasonable legal) made by any third party due to arising out of Your breach of these Terms of Use or Your violation to any law or the rights of a third party.  

10. Links

10.1 Content displayed on this Site and links on or from this Site may lead to or be sourced from Third Party Sites over which We have no control.  

10.2 Links to Third Party Sites are provided for convenience only and should not be construed as an endorsement or recommendation by Us of any Third Party Site referred to. 

10.3 Any third party advertiser is solely responsible to You for the delivery of any goods or services You purchase on a Third Party Site.  

10.4 We accept no liability for loss of any kind arising from content or materials available on Third Party Sites or the use of links.  

10.5 Third Party Sites contain their own terms of use which You should read carefully.  

10.6 You link to Third Party Sites entirely at your own risk.  

11. Privacy

11.1 By using this Site, You are taken to consent to Our Privacy Policy click here 

11.2 We may require You to provide information about Yourself when using the Site from time to time. You agree that any such information You provide to Us will be accurate and up to date. 

11.3 We may also ask or require You to use a password or other form of authentication to access or use the Site. You further agree to maintain the security of Your password, and to notify Us immediately if You suspect that Your password or account has been compromised.  

12. Intellectual Property

12.1 You acknowledge that the content and this Site is the subject of intellectual property and legal rights (including third party rights).  

12.2 You must not, during or at any time after the expiry or termination of this licence to use and access the Site (which is granted to You and is subject to the Terms of Use), permit any act which infringes any of those rights.  

12.3 The Content is protected by Australian and international copyright law and You acknowledge that any unauthorised use of the Content may violate these laws. 

12.4 Other than as expressly permitted by law or these Terms of Use, no part of the Content may, without the specific prior written consent of Us or Our affiliates, be directly or indirectly:  

(a) used, copied, reproduced, translated, reused, transmitted, retransmitted, adapted, varied, removed, altered, modified, stored, published, broadcasted, linked, distributed, framed, posted, uploaded, rewritten, broadcasted, stored;  

(b) performed in public;  

(c) incorporated into any other web site or used for any commercial purpose;  

(d) stored in a retrieval system, by any means, including but not limited to graphic, electronic or mechanical, including photocopying, recording, taping or by storage in an information retrieval system; 

(e) used in any manner or for any purpose which is unlawful; or  

(f) used in any manner which violates any right of Ours (or an affiliate of Us) or which is prohibited by Us.  

12.5 Some of the copyright in the content is included on the Site under a licence from third parties. Any permission to use, copy or reproduce that Content (other than in the course of viewing this Site) must be obtained from the copyright owner.  

12.6 All names, brands, logos and trademarks (both registered and unregistered) identifying Us are the property of Us.  

12.7 Nothing contained on this Site should be construed as granting any licence or right to use or distribute any name, logo or trademark displayed on the Site without the express written permission of Us.  

13. Governing law All matters relating to this Site are governed by and are to be construed according to the laws applicable in the State of Victoria and the Commonwealth of Australia and You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria and Australia.