Promotion Terms and Conditions

Spinning Top Music Pty Limited
“Spinning Top Records” Promotion
Terms and Conditions

By entering Spinning Top Music Pty Limited’s (“Spinning Top”) “Spinning Top Records” Promotion, you are agreeing to the following terms and conditions:

  1. STANDARD TERMS
    1. Information and instructions on "How to Participate” form part of these conditions of participation. By entering the Promotion, participants accept and agree to be bound by these conditions of participation.
  2. WHO CAN PARTICIPATE?
    1. The only persons who may participate and download the Tracks are those who are;
      a) not employees of the Promoter or their associated companies, agencies or families; and
      b) participants under the age of 18 must seek prior permission from their parent or guardian to enter this Promotion. Any such participant without this permission is not eligible to enter the Promotion.
  3. THE PROMOTION
    1. The Promotion is known as the “Spinning Top Records” Promotion.
  4. HOW TO ENTER AND DOWNLOAD THE TRACK
    1. The Promotion commences on 1 May 2014 at 10.00am (AEST), and shall end on the 30 June 2014 (AEST) (the “Promotion Period”).
    2. To participate and download the Tracks:

      Step 1: Log on to the website http://www.spinningtopmusic.com ;
      Step 2: Follow the prompts on the website http://www.spinningtopmusic.com to register your email address;
      Step 3: Follow the prompts on the website http://www.spinningtopmusic.com and click to accept the Terms and Conditions.
      Step 4: Follow the prompts on the website hhttp://www.spinningtopmusic.com to download your selected Track free of charge.
    3. Participants must have registered by end of the Promotion Period to be eligible to download the Tracks. The time of registration will in each case be the time registration is received by the Spinning Top database. No responsibility is accepted for late, incomplete, lost or misdirected registrations.
    4. Participants may only register once and thus only download each selected Track once. They may select one or more of the available Tracks
  5. THE TRACKS
    1. Various Tracks from Spinning Top Records shall be available during the Promotion Period (“the Tracks”) The Participant shall be entitled to select more than one Track if available provided each Track is only downloaded once by each Participant.
    2. The retail value of each Track is A$1.69. Track value is based upon the recommended retail price as at 1 May 2014 (inclusive of GST), and the Promoter accepts no responsibility for any change in Track value. The Promoter reserves the right to request the participants to provide proof of identity, residency and registration into the Promotion in order to claim the Track which will be verified at the discretion of the Promoter.
    3. Track details are correct at 1 May 2014 Should the Track be unavailable due to unforeseen circumstances or reasons beyond the control of the Promoter, the Promoter may at its discretion change the Track so as to provide reasonable alternative tracks and the entrants agree that no liability shall attach to the Promoter or parties connected to the Promoter as a result.
    4. The Track is not transferable and cannot be redeemed for cash or other goods or services and cannot be taken in parts.
    5. If for any reason the participants do not (or are not able to) claim the Track at the time stipulated by the Promoter then the Track will be forfeited and cash will not be awarded in lieu of the Track.
    6. By accepting the Track, the participants agree to participate in and co-operate as required with all reasonable media editorial requests relating to the Promotion including being interviewed, photographed and/or filmed.
    7. By entering their email address and accepting the Track, the participants accept the terms and conditions and to receiving marketing material from Spinning Top and Spinning Top Records.
    8. Participants agree to comply with all applicable laws in their use of the Track. The Track offered hereunder is for personal use only and the participant is not granted any commercial, sale, resale, reproduction, distribution or Promotional use rights for the Track, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition; Unauthorised reproduction or distribution of the Track is expressly prohibited and may violate applicable law; participants are not permitted to modify, edit or repurpose the Track; All rights are reserved and participants are not permitted to infringe the rights of the copyright owner(s).
    9. It is a condition of accepting the Track that the participants must comply with all the conditions of use of the Track and Track supplier’s requirements.
    10. It is a condition of accepting the Track that the participants may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
  6. NO LIABILITY
    1. To the fullest extent permitted by law, Spinning Top and its affiliates, associated agencies and companies (together called ‘Spinning Top’) will not be liable or responsible for any loss (including direct, indirect and consequential loss), costs (including legal costs), damage or injury to property or person that is suffered or incurred as a result of or in connection with:

      a) the Promotion
      b) any late, lost or misdirected entries or failure to receive any entry in the Promotion;
      c) any prizes damaged or lost in transit;
      d) any problem, failure, delay, unavailability or inaccessibility with, of or to any communications network, service or transmission (including telephone, Internet or website);
      e) any cancellation, modification or suspension of the Promotion in accordance with clause 6.2 or clause 6.3;
      f) any unauthorised human intervention in any part of the Promotion (including but not limited to theft, destruction, alteration or unauthorized access of or to any registrations);
      g) any electronic or human error which may occur in the proper administration of the Promotion;
      h) any act or omission, deliberate or negligent, by Spinning Top, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to a prize Winner and, where applicable, to any persons accompanying a prize Winner;
      i) any circumstances outside Spinning Top’s reasonable control.

      This clause does not operate to limit the rights or obligations of the parties imposed by the operation of the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (ACL) to the extent that they may not be limited or excluded, in which case the terms of the ACL shall apply.
    2. In the event that any event or action outside Spinning Top’s control prevents or significantly hinders Spinning Top’s ability to proceed with the Promotion on the dates and in the manner described in these terms and conditions (including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war and act of terrorism), Spinning Top may in its absolute discretion cancel the Promotion and recommence it from the start at another time on the same conditions. If the Promotion is regulated by any applicable government body, the cancellation or recommencement of the Promotion will be subject to any requirements imposed by such body.
    3. If for any reason this Promotion is not capable of running as planned due to causes beyond the control of Spinning Top which affect the proper conduct of this Promotion, Spinning Top reserves the right in its sole discretion to disqualify any individual who tampers with the entry process and/or take any other action against that individual that may be available, and to cancel, terminate, modify or suspend the Promotion subject to the requirements of any relevant government body that regulates the running of the Promotion.
    4. All Participants are responsible for obtaining their own independent legal advice.
  7. PRIVACY
    1. The Promoter is bound by the Privacy Act 1988 (Cth) in relation to the handling of personal information. For further details of the Promoter’s privacy policy please go to www.spinningtopmusic.com (.)

      The Promoter is accessing the participant's personal information for the purpose of conducting and promoting this Promotion, and, for the purpose of updating you on promotional and direct marketing material in relation to programs and products and services available through the Promoter. The participant may request access to his or her personal information by writing to Spinning Top Music PO Box 769, Fremantle, WA 6959, Australia
  8. HEADINGS
    1. The headings in these Conditions are for convenience only and do not affect interpretation.
  9. ENTIRE CONDITIONS
    1. These conditions constitute the entire agreement of the parties relating to the entry into and the conduct of this Promotion.
  10. PROMOTER’S DETAILS
    1. The Promoter is Spinning Top Music Pty Limited (ABN 33 585 896 366) of PO Box 769, Fremantle, WA 6959, Australia