General Terms of Use

This site is controlled, operated and owned by 40/40 Creative Pty Limited [ACN 138 950 400]

Please read these Terms of Use and Privacy Statement carefully before using this website (“site”). By using the site you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. The company and it’s affiliated and related entities reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates. You should read the full text of these Terms of Use and visit this page periodically to review the Terms of Use, because they are binding on you.

RESTRICTIONS ON USE, TRADEMARKS AND COPYRIGHTS

Think Gold Coast® is a registered trade mark of 40/40 Creative Pty Limited.

The ‘I Heart’ GC’ logo is a registered trade mark of 40/40 Creative Pty Limited.

Material on this site, including, but not limited to images, illustrations, audio clips and video clips, may be protected by copyright which is owned and controlled by the company or by other parties that have licensed their material to the company. Unless granted permission by the company, material from the site or any website owned, operated, licensed or controlled by the company may not be used for non-personal or commercial purposes and may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials including, but not limited to, removal of copyright, trademark or other notice of proprietary rights, or use of the materials for any other purpose is a violation of this Terms of Use Agreement, as well as laws protecting copyrights and other proprietary rights. For purposes of this Terms of Use agreement, unless granted permission by the company, the use of any such material on any other computer-related environment is prohibited.

LINKED SITES

This site may contain links to websites operated by third parties (“Linked sites”). The Linked sites are provided for your convenience or on a paid advertising basis only and are not an endorsement by the company of the content of such Linked sites. The company makes no representation regarding, and is not responsible for, the content or accuracy of the materials on such Linked sites. If you decide to access any Linked sites, you do so at your own risk. You further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked sites.

ADVERTISERS AND ON-LINE SHOPPING

Your relations and dealings with, or participation in promotions of, advertisers and vendors located on or contacted through the site, including the payment for and delivery of goods and services and any other terms, conditions, warranties or representations associated with such dealings are solely between you and the relevant vendor or advertiser. You agree that the company shall not be responsible or liable, either directly or indirectly, for any loss or damage caused or alleged to be caused by or in relation to any such dealings or as the result of the presence of such advertisers on the site.

DISCLAIMER

This site and the materials associated with the site are provided on an “as is” basis without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, the company disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement of third parties’ rights. The company does not warrant that the site will operate error-free or uninterrupted, that defects will be corrected, or that this site and/or its server will be free of viruses and/or other harmful components. The company does not warrant or make any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials, services, text, graphics, and or links associated with this site. If your use of this site or the materials services, text, graphics, and or links associated with these site results in the need for servicing or replacing equipment or data. The company is not responsible for those costs. The material associated with this site is provided solely for entertainment and promotional purposes. The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted on this site (“Forums”) are not necessarily those of the company or its content providers, advertisers or sponsors and the company makes no representations or warranties regarding that information or those opinions.

LIMITATION OF LIABILITY

In no event shall the company or its content providers be responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage, injury, claim, liability or other cause whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting, directly or indirectly, from lost data or business interruption) resulting from the use or inability to use this site and/or the material associated with the site, or resulting from any information or opinions provided on this site and/or the material associated with the site, whether based on warranty, contract, tort or any other legal theory, and whether or not the company is advised of the possibility of such damages.

SUBMISSIONS

Any communication or other material submitted or posted to the site will be considered non-confidential and by posting or otherwise submitting any communication or other material, you automatically grant the company a royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication or material alone or as a part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licences. The company is not responsible for any material posted on our Forums.

You shall not:

Post any sexually explicit image;

Impersonate another person or entity;

Post any content which defames, invades privacy, or is obscene, pornographic, abusive, harassing, hateful, or threatening.

DISCOUNT CARD

1.1 The ThinkPink Card™ program (the “Program”, “Discount Card”, etc) is a discount program that is conducted by 40/40 Creative Pty Ltd ACN 138 950 400 (“Us”, “We”, etc), and is governed by these terms and conditions the (“Terms and Conditions”).

1.2 We may change or vary:

(a) the look and feel of this website,

(b) the content of this website, or

(c) these Terms and Conditions at any time in our discretion. Those modifications will take effect from the time that they are posted on this website. Notice of the change will be notified on this website at www.thinkgoldcoast.com.au/site-terms. We may also suspend or terminate the Program at any time without any liability to You or any other person.

1.3 The Program does not operate in any jurisdiction where it may be prohibited by any relevant law or government policy or direction.

ELIGIBILITY

2.1 Postage of Discount Card is only available to Australian residents and citizens entitled to participate in the Program or purchase a Think Gold Coast Tourist Card (the “Tourist Card”).

2.2 Applications for Cards are subject to Our approval, which we may give or withhold in our absolute discretion.

2.3 Corporations, firms, trusts, partnerships and other entities (other than individual persons) cannot use the Card.

2.4 The Card is not a charge, credit or stored value card. Cards are not transferable and remain Our property.

2.5 Once we accept Your application for a Card and or alternatively a payment, We will arrange for a personalised Card, setting out an unique Card number, to be printed and shipped out to You at the address that You have nominated in Your application. Alternatively We may provide a facility for You to collect the Card from a specified place in Australia. We will be taken to have delivered the Card to You (regardless of whether or not You actually receive or collect the Card) once We arrange delivery of the Card to a place that You have specified in Your application or once We make the Card available for You to collect at a pick-up point that You have notified in the application form.

2.6 All Cards will have a validity period. Cards may only be used for goods and services that You have booked, purchased, paid for and received during that stated validity period.

2.7 Any tampering with or alteration to a Card has the effect of automatically invalidating it.

2.8 Cards can be replaced for a nominal processing fee of $10, and no refund will be payable to You if a Card is lost, stolen, damaged or destroyed.

2.9 If You wish to cancel the Card that has been issued to You, You may only do so before the commencement of its validity period, by physically returning the Card (by way of registered or certified mail) at Our office as detailed in the ‘Contact’ page on our website.

PARTICIPANTS, DISCOUNTS and OFFERS

3.1 The Card can be used to obtain discount and promotional offers from participating organisations in various industries, including certain hotels, motels, retail outlets, eateries, specialist tour operators, theme parks, entertainment, motor vehicle hire, trade services and others (“Program Participants”). Program Participants and their addresses are identified on Our website at our Biz Directory page. We cannot guarantee that all members of a franchised system will all be Program Participants, even if some of them are.

3.2 Discounts and offers that are available using the Card are personal to the Card holder. They are not transferable, and cannot be exchanged for cash, credit or any other form of payment or value.

3.3 The Program Participants, their addresses, and their discount and promotional offers are listed on Our website at: Special Offers page Both the Program Participants and their discount and promotional offers may change from time to time, and are regularly updated on Our website at Special Offers page. You should check Our website regularly.

3.4 In order to claim a promotional or discount offer from a Program Participant, You will be required to present the Card at the time when You book, purchase or pay for eligible goods or services from the Program Participant. If You are making a booking with a Program Participant in person, You are required to identify Yourself as a Card holder and present the Card at the time You make Your booking, in order to be eligible to receive the discount or other promotional offer from the Program Participant. If You are making a telephone or internet booking with a Program Participant, You are required to identify Yourself as a Card holder and give the Program Participant the Card number at the time You make Your booking, in order to be eligible to receive the discount or other promotional offer from the Program Participant. You will also be required to present the Card to the Program Participant at the time you redeem that telephone or internet booking.

3.5 Discount and promotional offers are subject to availability and Program Participants’ restrictions. Program Participants may impose blackout periods from time to time. Blackout periods for Program Participants are listed on Our website at each individual Participants profile.

3.6 You agree to be bound by the terms and conditions applicable to Program Participants’ goods and services, when you purchase those goods or services from those Program Participants.

3.7 Discount and promotional offers under the Program may not be combined with any other third party discount programs.

3.8 We are not acting as agents for any of the Program Participants. Nor are any of the Program Participants Our agents, or otherwise authorised to contractually bind Us in any way. If You purchase or acquire any goods or services from a Program Participant, that transaction will be between You and that Program Participant, and You will deal with any dispute that You may have with that Program Participant in relation to their goods or services, any representation that they make, or any discount or other promotional offer that they have offered as part of their participation in the Program.

STANDARD COMPETITION/CONTEST RULES

These standard contest rules apply to all Participants in any 40/40 Creative Pty Ltd (The Company) contests, conducted both on and off air and online. The rules may be amended or varied from time to time by the company at its absolute discretion. Special rules may apply to particular contests, in which case an addendum to these rules will be made and published for that contest. Please enquire at our offices for any special rules.

1. All prizes, unless otherwise specified, must be collected from 40/40 Creative Pty Ltd reception desk within 90 DAYS of winning. The Company will make every attempt to contact winners to ensure collection of their prize within the 90 day period. Prizes not collected within the period will be treated as forfeited, and will be dealt with in accordance with the requirements of the Qld Office of Gaming Regulation.

2. All prizes must be claimed in person, unless otherwise determined by The Company. FORMAL IDENTIFICATION is required (photographic ID such as valid driver’s licence, passport, student identification).

3. A person is ineligible to enter, participate in any contest and/or win a prize if:

a) They are an employee or a member of the immediate family of an employee of The Company or their advertising agencies or a sponsor of, or associated with the contest.

b) They have previously won a prize/prizes individually or collectively from The Company as part of the same contest in the last 30 days.

c) They are discovered to have used or attempted to use any more than one name in order to qualify to win prizes from The Company.

4. All contestants acknowledge that The Company can rely on Rule 3 even if the company only learns of a person’s ineligibility after the company has appeared to award the prize to the ineligible person. Return of the prize or payment of its value to The Company can be required by the company if this occurs.

5. In the case of a dispute over telephone lines, The Company’s decision is final and no correspondence will be entered into.

6. In the event that two telephone lines are crossed during a phone-in contest, The Company reserves the right to disqualify the entire phone call and take the next call. The Company reserves the right not to award a prize in a “cross-line” situation.

7. A copy of these general contest rules must be signed and endorsed by any winner upon request by The Company.

8. All prizes are accepted entirely at the risk of the winner. The Company is not liable for defective prizes or any claims arising from the use or misuse of any prize . The Company expressly excludes liability for any representations, warranties and conditions in connection with any prize to the extent permitted by law including those as to the prize’s value, benefit, merchantability and fitness for purpose.

9. The Company, its agencies, affiliates, sponsors and representatives are not liable for any loss to any person arising out of or in connection with or resulting from any contest promoted by the Company or prize collected by any person.

40/40 Creative Pty Ltd

10. Participants agree that contest entries and material submitted by any person in connection with any contest (whether in writing, audio or visual form, or a combination of those) becomes the property of The Company which may use the material in any way it sees fit in any medium or any publication. Participants agree that copyright in any such material is assigned to The Company.

11. All prizes are non-transferable and may not be redeemed for cash or any other value in kind.

12. Winners understand and agree that they are liable for any tax or taxes incurred on prizes awarded or received.

13. In relation to participation in any activity:

a. Participants agree to release and indemnify The Company and its employees and agents y in respect of any claims for any accident, injury, property damage or loss of life in connection with participation in any contest, activity or event promoted by The Company or prize collected from the Company

b. The participant may, at the option of The Company, be required to sign a form of indemnity required by 40/40 Creative Pty Ltd as a pre-condition of participation; and

c. If a participant is under the age of 18, their parent/guardian will need to sign an indemnity and consent to the participation in the contest/activity/event.

14. If the specified prize becomes unavailable due to unforeseen circumstances, the company may in its absolute discretion substitute a prize of like or equal value.

15. The Company accepts no responsibility for and shall not be liable if the competition and/or prize involves the winner attending any function or event as described in the competition in the event of the cancellation of that function or event or any other changes to the function or event.

16. Unless otherwise specified the class of travel for any travel prize incorporating airfare, is economy class and winners must be over the age of 18 to be eligible to win any travel prize.

17. A winner must make him or herself available for a photo session if required and acknowledges that The Company has the right to use the publicity photos/film/videos in any reasonable manner it sees fit.

18. The Company may publicise, broadcast, publish or otherwise disclose a winner’s name or any recording of the winner’s voice in advertising or promotion concerning winning of the contest.

19. The Company may utilise any information provided by participants in any contest(s) in any database for The Company’s use at its absolute discretion.

20. Should a participant fail to comply with these Terms and Conditions or engage in any unlawful or improper conduct to the detriment of the competition or The Company, its employees or agents or any other person, The Company may, in its absolute discretion, disqualify that person from participating in the competition.

40/40 Creative Pty Ltd’s decision is final and no correspondence will be entered into. Any failure by The Company to enforce any of these rules in any instance(s) will not give rise to any claim by any other person.

21. 40/40 Creative Pty Ltd reserves the rights to cancel, change or remove any of the above terms or competitions at their own discretion.