Terms & Conditions

General

1. The Promoter is the Toowoomba Hospital Foundation of 154 Pechey Street, Toowoomba. ABN 29 572 118 270; Telephone number 07 4616 6166.
   
   
2. Information on how to enter and prizes forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions. If there is any inconsistency between these Terms and Conditions and anything else that refers to this competition, these Terms and Conditions will prevail.
   
   
3. By entering the competition, entrants give their consent for their information to be used for the purposes of determining the outcome of the competition. If an entrant does not wish for the Promoter to use their information in this way, they cannot enter the competition.

Terms and Conditions for Entrants

4. Entrants are required to open their garden to the public for viewing each day between the hours of 9:00am and 5:00pm AEST from Friday September 19, 2025 to Sunday September 28, 2025. 
   
   An option to open gardens for two long weekends, that is, Friday September 19, 2025 to Sunday September 21, 2025, and Friday September 26, 2025 to Sunday September 28, 2025, is also available for entrants on application to The Promoter.
   
   Permission must be obtained from The Promoter to close a garden between these agreed times and dates.”
   
   
5. All entrants must comply, in relation to each stage of this competition, with the relevant local, state and federal laws and guidelines in relation to health matters including in relation to COVID-19. This may include the use of the Queensland Government check-in app and associated guidelines. Any failure to do so will permit the Promoter to invalidate that entry.
   
   
6. Entrants should take their own advice with regards to their insurance position, but it is recommended that they notify their own insurer of their intention to participate in the Competition and request that their insurer confirm that it will respond under their Policy to any claim made for damage or injury suffered by a third party who attends the entrant’s premises in the course of and in relation to the competition.
   
   
7. By signing the Entry Form entrants acknowledge and understand the Insurance terms and conditions set out in these terms.
   
   
8. Gardens must be free for visitors to enter.
   
   
9. All Disability Assistance animals working with their owners must be allowed access to the competition gardens. Potential competition garden entrants should consider these rules when nominating their garden in the Competition. 

Who can enter

10. All entrants must be residents of Queensland within the Toowoomba Regional Council boundaries to be eligible to participate in the competition (listing of suburbs eligible for entry see Clause 12).
    
    
11. Entrants must be aged 18 years and over to be eligible to enter (except the Budding Gardener Category where a parent or guardian must enter on behalf of the underaged entrant).
    
    
12. Eligible suburbs are listed in the following tables for City Gardens and Regional Gardens. Also as per attached map.

When to enter

13. Entries for the competition commence on Friday, March 21 2025 and concludes Friday August 8, 2025 at 5:00pm AEST (the “entry period”). Entries must be received by the Promoter by the end of the entry period to be eligible.
    
    
14. The time of entry will in each case be the time the entry is received by the Promoter and not the time the entrant posted or delivered the entry form. The Promoter accepts no responsibility for any late, lost or misdirected entries not received by the Promoter due to technical disruptions, network congestion or for any other reason. 

How to enter

15. The details of how to enter the competition are set out on the Toowoomba Hospital Foundation website: https://www.toowoombahospitalfoundation.org.au/event/the-chronicle-garden-competition/competition 
    
    
16. Entry Forms received after the end of the entry period will be deemed to be invalid.
    
    
17. Entrants must use the Entry Form to enter. A valid entry form must, unless entering the commercial or schools category, select only one Class and may, at the choice of the entrant, select up to two Options for other optional categories they wish to enter. If the Class section of the entry form is not completed, the entry will be invalid unless it is an entry in the commercial or schools category. To be a valid entry in the commercial or schools category entrants must select 1 option and no more than 2. Commercial entrants are not required to be open but may choose to be if they wish by ticking either of the opening time boxes on the entry form.
    
    To enter the competition, Entrants must complete an original Entry Form from the Toowoomba Chronicle, digital print edition of the Toowoomba Chronicle, Toowoomba Hospital Foundation website or directly from the Promoter, in full and sign, then either email the form to events@toowoombahospitalfoundation.org.au or place the completed Entry Form in an envelope  addressed to “The Chronicle Garden Competition, c/- Toowoomba Hospital Foundation” and then post it to PO Box 7646, Toowoomba South Qld 4350. Whichever method is used, Entry Forms must be received by the Promoter before the end of the entry period specified in clause 12 above.
    
    
18. Participants will be required to send their personal details including, but not limited to, full name, address, post code, email address, telephone number, the class/optional classes entered, and signature.
    
    
19. Any entry that is made on behalf of an entrant by a third party will be invalid, unless the entrant requires the assistance of a third party to enter due to a disability or unless the entry is made on behalf of a minor and that is disclosed as part of the entry.
    
    
20. The Promoter reserves the right to disqualify any entrant who tampers with the entry process, who submits an entry form that is not in accordance with these terms and conditions or who has, in the opinion of Promoter, engaged in conduct in entering the competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the competition and/or Promoter. This includes, but is not limited, to entrants and households using multiple email addresses, postal addresses or PO Box addresses.

Number of Entries permitted

21. Entrants may nominate only one class they wish to enter on each entry form, however each entrant must observe the rules around the number of entries of specific classes they can enter as set out in these terms and conditions.  

Garden Judging

22. The judging of all selected classes as specified on the entry form will commence between Monday September 1, 2025, 8.00am to 5.00pm AEST and Friday September 5, 2025, 8.00am to 5.00pm AEST, weather permitting.
    
    
23. The Promoter will endeavour to contact each entrant with a date for judging and an approximate time (either morning or afternoon), however, an exact time cannot be provided. The judging team may arrive at an entrant’s property on any dates during the judging dates but will endeavour to arrive on the dates and in any timing window previously advised to the entrant.
    
    
24. Providing access to the judges to the entrant’s property, for the entire judging period for judging purposes is a mandatory requirement of the competition.
    
    
25. Judging of the nominated gardens will be undertaken in accordance with the parameters set out below. The Judge’s decision is final. No correspondence will be entered into.

Judging Criteria

These criteria apply to all City and Regional Residential Classes, as well as Front or Back Garden, First Time Entry, Under 45 Years Gardener, Over 70 Years Gardener and Budding Gardener (Budding Gardener to be judged using selected sections of these criteria).

Floral Gardens option

Small space / Courtyard / Balcony / Potted Plant Collection option

Productive Area (Also applies to School Gardens – Productive areas)

Footpath Garden option

Note: Gardens MUST comply with Toowoomba Regional Council Guidelines, Checklist SLL 1.1 – “Alteration or improvement to local government area or road - Vegetation on council controlled area and road/footpath gardens” – Self assessment is available.

Commercial, Not-For Profit Premises, Accommodation, Student Gardens & School Premises - Judging Criteria

CBD Premises - Judging Criteria

This category will be judged by the Toowoomba Chamber of Commerce at their discretion.

1. The Promoter’s and judges decisions are final, and the Promoter will not enter into correspondence regarding the competition result or any other decisions the Promoter or the judges make in connection with the Promotion. The Promoter is not obliged to disclose to any person any points scoring or decisions made during or in relation to the judging of the Competition

26. The Promoter may, at its discretion, allow for additional prizes to be awarded in other unlisted categories or across the entire entry pool. 

Prizes

27. The prizes are awarded in each Class based on the relevant judging criteria scored out of 100. Should the judges deem the gardens to not be of an acceptable standard in any class, the judge may elect not to award prizes in that class. 

The limit on the number and category of prizes which can be awarded to an individual entry are listed below:

Residential section:
1 x Grand Champion or Reserve Grand Champion prize 
1 x Residential class prize
2 x Residential city or regional class prize
 
Commercial/Not For Profit/Schools section
2 x Trophy or product prize

28. Total maximum prize value is $35,000 (inclusive of GST).
    
    
29. All prizes are valued inclusive of GST (where applicable) and the Promoter takes no responsibility for any variation in item values.
    
    
30. Any taxes which may have been payable because of a winner receiving the prize are the sole responsibility of that winner.
    
    
31. Prizes are non-transferable and cannot be redeemed for cash or exchanged for other prizes.
    
    
32. If any specified prize becomes unavailable due to unforeseen circumstances, the Promoter may substitute a prize of similar nature and/or like or greater value.
    
    
33. Cash prizes will be delivered by electronic funds transfer to the winners’ account details as provided to the Promoter on request. Physical prizes will be given to entrants at the event and made available at the Toowoomba Hospital Foundation office for collection till the end of September.

Prize winner Announcement

34. Winners will be announced at the Awards Ceremony on Thursday September 18, 2025
    
    
35. Winner’s details will be published on the Toowoomba Hospital Foundation website, in The Chronicle on Friday September 19, 2025 and The Chronicle Garden Competition Visitor Guide 2025 inserted in The Chronicle on Friday September 19 September 2025.

Prize Collection

36. Prizes of trophies, and certificates will be awarded to the winners at the Awards Ceremony. 
    
    
37. Prize winners must collect any prizes, within 30 days and no later than October 31, 2025. Identification must be produced when collecting prizes.
    
    
38. Any winner must, if so requested by Promoter, complete and sign an acknowledgement confirming collection of their prize/s.

Further Terms and Conditions

39. If for any reason this Promotion is not capable of running as planned, including (without limitation) due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, epidemic or pandemic, or public health order, the Promoter reserves the right in its sole discretion to take any action that may be available, and (without limitation) to cancel, terminate, modify or suspend the competition, subject to any direction given under State regulation.
    
    
40. If a prize is unavailable, for whatever reason including (without limitation) due to causes beyond the control of the Promoter, including but not limited to natural disasters, acts of God, civil unrest, strike, war, act of terrorism, epidemic or pandemic, or public health order, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State and Territory legislation. It is a condition of accepting the prize that a winner must comply with all the conditions of use of the prize and prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
    
    
41. In consideration of the Promoter awarding the prize to each winner, each winner permits the winner’s submission, image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with the Promoter or any of its related bodies corporate or the goods and services of any of them or the advertising or marketing of any of them, in any media whatsoever throughout the world and the winner will not be entitled to any fee.
    
    
42. Subject to complying with all relevant State and Territory legislation, the Promoter reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of the competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
    
    
43. The Promoter reserves the right to rejudge the prize if an entrant who claims to be a prize winner is unable to satisfy these terms and conditions.

Copyright, Statutory guarantees, Waiver and liability

44. The Promoter acknowledges that the entrant may own intellectual property rights (including copyright) in any material created or otherwise submitted to the Promoter in connection with the entrant’s entry or participation in any aspect of the promotion (Works). The entrant does not transfer their intellectual property rights to the Promoter by submitting an entry. The entrant grants the Promoter a non-exclusive, irrevocable, perpetual, worldwide, sublicensable licence to use the Works (including modifying, adapting or publishing the Works, whether in original or modified form, in whole or in part, to use, modify, delete from, add to, publicly display and reproduce, the photo(s), including without limitation, in any online media formats and through any social media channels, pages or accounts) for the sole purpose of running the Promotion, promoting and celebrating the promotion and future promotions and agrees that the Promoter may assign and/or sublicense the Works to third parties for this same purpose.  Should the Promoter wish to use an entrant’s Works for any other purposes, it will contact the entrant to discuss licensing opportunities. 
    
    The entrant acknowledges and agrees that neither the entrant nor any third party shall be entitled to any fee, royalty or other consideration in respect of such licence.  If the entrant holds, now, or at any time in the future, any so called “droit moral” or moral rights in connection with the Works, the entrant unconditionally and irrevocably consents, for the benefit of the Promoter and all of its assignees, licensees and sub licensees to minor alterations to the Works which may be required for print or display purposes such as resizing and minor colour correction notwithstanding that such conduct may amount to derogatory treatment of the Works for the purposes of the Copyright Act 1968 (Cth) (Copyright Act). All Entrants consent to attribution by either full name or social media handle in satisfaction of their right to attribution under the Copyright Act.
    
    
45. The Promoter does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australian Consumer Law) which cannot be excluded, restricted or modified.  However, the remainder of this clause will apply to the fullest extent permitted by law and the Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law and except for any loss, damage or injury which arose as a direct result of the negligence or gross misconduct of the Promoter.
    
    
46. The Promoter is not responsible for any incorrect or inaccurate information, either caused by entrant or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
    
    
47. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

Entry Details and Privacy

48. The Promoter is collecting the entrant’s personal information for the purpose of conducting this competition (including but not limited to determining the winner). If you are not willing for this to occur, you cannot participate in the promotion. You can learn more about the Toowoomba Hospital Foundation’s privacy policy at https://www.toowoombahospitalfoundation.org.au/event/the-chronicle-garden-competition/terms-conditions 
    
    
49. The Promoter is collecting the entrant’s personal information for the purpose of conducting this competition (including but not limited to determining the winner). If you are not willing for this to occur, you cannot participate in the promotion. Entrant’s personal information may be used by Toowoomba Regional Council to communicate with entrants regarding the competition, help with administrative duties relating to their entry, judging and other aspects of the competition, prize collection and confirming entrant details for the purpose of participating in the competition. You can learn more about the Toowoomba Regional Council’s privacy policy at https://www.toowoombahospitalfoundation.org.au/event/the-chronicle-garden-competition/terms-conditions