Foxtel – Win Industry Tickets to the Big Day Out
Terms & Conditions
DEFINITIONS
1. The following definitions apply to these Terms and Conditions:
a) “Closing Date” means 9:00hrs on Sunday 12 January 2014
b) “Commencement Date” means 9:00hrs on Friday 20 December 2013.
c) “Determination Date” means 12:00hrs on Monday 13 January 2014
d) “Entrant” means a person who enters the Promotion.
e) “Entry Pool/s” has the meaning given in clause 11.
f) “Preview” means the December issue of the Preview e-newsletter, which can be registered for at www.foxtel.com.au/preview.
g) Major Prize” means a major prize offered in the Promotion.
h) “Major Prize Winner” means an Entrant who wins a Major Prize.
i) “Prize” means a prize offered in the Promotion. “Prizes” means all the prizes offered in the Promotion and includes the Major Prizes and the Runner-Up Prizes.
j) “Promoter” means Foxtel Management Pty Ltd ABN 65 068 671 938, of 5 Thomas Holt Drive, North Ryde, NSW, 2113.
k) “Promotion” means this competition.
l) “Promotion Period” means the period between the Commencement Date and the Closing Date.
m) “Relevant Parties” means the Promoter and the agencies and companies that are associated with the Promoter or the Promotion.
n) “Runner-Up Prize” means a runner-up prize offered in the Promotion.
o) “Runner-Up Prize Winner” means an Entrant who wins a Runner-Up Prize.
p) “Show” means one of the shows listed in clause 12.
q) “Supplier” means the supplier of the Prizes.
r) “Website” means the Foxtel competitions website located at www.foxtel.com.au/competitions.
s) “Winner” means an Entrant who wins a Prize, including in the Unclaimed Prize Determination and including the Major Prize Winners and the Runner-Up Winners.
t) “Unclaimed Prize Determination” has the meaning set out in clause 26.
u) “Unclaimed Prize Determination Date” means Thursday 16 January 2013.
2. All times and dates are times and dates in Sydney, which may be AEST or AEDT depending on the date. All times are stated using the 24-hour clock. 00:00hrs is the start of a day and 24:00hrs is the end of a day.
PARTICIPATION
3. The Promotion is conducted by the Promoter.
4. The Promotion is a game of skill, and chance plays no part in determining the Winners.
5. Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, Entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take a Prize if they are a Winner.
6. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.
7. This Promotion will be advertised on the Website and in Preview.
8. An Entrant is eligible to win a Prize if they:
a) are a permanent resident of Australia;
b) are over the age of 18; and
c) are a Foxtel, Optus TV featuring Foxtel, Foxtel from Telstra subscriber or a Foxtel Play subscriber; or live in a household with a Foxtel, Optus TV featuring Foxtel or Foxtel from Telstra subscription or a Foxtel Play subscription and have the subscriber’s permission to enter the Promotion, and the subscription account is not in arrears and is active from the Commencement Date until the Unclaimed Prize Determination Date; and
and are not:
d) employees of:
i. the Promoter, Optus or Telstra;
ii. the Supplier;
iii. any corporations or agencies related to the entities in paragraphs (i) and (ii) above; or
iv. any of the Relevant Parties; or
e) a spouse, de facto spouse, parent, child or sibling (whether natural or by marriage or adoption) of a person who is an employee of any of the entities listed in paragraph (d) above.
9. Entry to the Promotion commences on the Commencement Date and closes on the Closing Date.
ENTRY
10. To enter the Promotion, an Entrant must, during the Promotion Period:
a) send an email to customer.rewards@foxtel.com.au with “Big Day Out” and the Show the Entrant would prefer to attend in the subject line of the email and the following in the body of the email;
i. the Entrant’s full name, contact telephone number, preferred email (if other than the email used to enter) and postal address; and
ii. an answer the following question in 25 words or less:
“Who would you like to see at the Big Day Out and why?” (the “Entry Question”).
11. Entries will be entered into pools depending on the Show nominated at time of entry (the “Entry Pools”).
12. The Shows are as follows:
a) “Gold Coast”: at 12.00hrs on Sunday 19 January 2014 at Metricon Stadium and Carrara Parklands, Gold Coast; and
b) “Melbourne” at 12.00hrs on Friday 24 January 2014 at Flemington Racecourse, Melbourne; and
c) “Sydney” at 12.00hrs on Saturday 14 January 2014 at Sydney Showground’s, Sydney; and
d) “Adelaide” at 12.00 on Friday 31 January 2014 at Bonython Park, Adelaide; and
e) “Perth” at 12.00hrs on Sunday 2 February 2014 at Claremont Showgrounds, Perth;
13. An Entrant’s entry must not be:
a) late;
b) delayed;
c) incomplete;
d) incomprehensible;
e) unlawful;
f) obscene;
g) defamatory;
h) libellous;
i) threatening;
j) pornographic;
k) harassing;
l) hateful;
m) racially or ethnically offensive;
n) capable of encouraging conduct that would be considered a criminal offence;
o) capable of violating any law; and/or
p) capable of giving rise to civil liability.
14. Entrants may enter the Promotion multiple times over the Promotion Period, as long as each answer to the Entry Question is unique. Only one Prize will be awarded per entrant and per household.
15. Entrants must ensure that their entries are received by the Promoter during the Promotion Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the Entrant. The Promoter takes no responsibility for late, lost or misdirected entries or for any delays or failures in any telecommunications services or equipment.
16. Entry via email is free. However, any costs associated with accessing an email service are the responsibility of the person seeking access and are dependent on the internet service provider used.
17. Entrants must write their email entries manually using an internet browser. The Promoter may reject an entry if it reasonably forms the opinion that the entry has been made using automated entry means or by use of a computer entry service.
18. Should an Entrant’s contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Determination Date, that Entrant must notify the Promoter of their correct contact details immediately.
19. All entries to the Promotion may be subject to verification by the Promoter. An Entrant must, within 7 days of being asked, at the Promoter’s cost:
a) allow the Promoter to inspect and copy any documents the Promoter may request establishing eligibility to enter the Promotion, including but not limited to evidence of age, residence and/or identity.
20. The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that a Winner cannot provide suitable proof of eligibility, that Winner will forfeit their Prize in whole and no substitute or compensation will be offered.
21. Any entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
22. The Promoter may, at its absolute discretion, declare any or all entries made by an Entrant to be invalid if the Entrant:
a) fails to establish their entitlement to win the Promotion to the Promoter’s satisfaction; or
b) fails to produce items as required by clause 19 or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
c) appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or
d) has submitted an entry that is not in accordance with these Terms and Conditions.
WINNERS
23. There will be eight (8) Major Prize Winners and eight (8) Runner-Up Prize Winners chosen from all entries received in each Entry Pool (40 Major Prize Winners and 40 Runner-Up Prize Winners in total). Each Winner will receive one (1) Prize.
24. The Promoter’s decisions are final and no correspondence will be entered into.
25. The Winners will be notified by telephone and/or email on the Determination Date.
26. All reasonable attempts will be made to contact the Winners. Subject, where relevant, to any directions given under the legislation regulating the Promotion, if a Prize is:
a) not claimed by the Winner by 9:00hrs on the Unclaimed Prize Determination Date; or
b) forfeited for any reason,
the Prize will be awarded to another Entrant in an unclaimed prize determination (the “Unclaimed Prize Determination”), which will take place at 12:00hrs on the Unclaimed Prize Determination Date and will be conducted by the Promoter at 5 Thomas Holt Drive, North Ryde NSW 2113, Australia. The Winner/s of the Unclaimed Prize Determination will be notified by telephone and/or email on the Unclaimed Prize Determination Date.
PRIZES
27. Each Major Prize consists of two (2) Industry access passes to the Show nominated at time of Entry, valued at a maximum of $330.00; and
Each Runner-Up Prize consists of two (2) general admission passes to the Show nominated at time of entry, valued at a maximum of $370.00.
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $28,000.00
28. All Prize values are correct as at Monday 16 December 2013 and are reflective of the recommended retail price and are in Australian dollars. The Promoter takes no responsibility for any variations in the Prize values.
29. Prizes may not, without the prior written consent of the Supplier and the Promoter, be resold or offered for resale at a premium (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a Prize is sold or used in breach of this condition, the Promoter or the Supplier may, at their absolute discretion, withdraw that Prize. Where a Prize or any part of a prize has been withdrawn in accordance with this clause no refund, substitute or compensation will be offered and the Winner and any person who has purchased or otherwise bears that ticket will be refused entry.
30. The Winners’ guests must be over the age of 18.
31. If any Prize is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification. The Promoter accepts no other liability or responsibility for any loss incurred by any Winner or any other party if any Prize is unavailable for any reason.
32. Prizes cannot be refunded, transferred or exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.
33. Winners are advised that tax implications may arise from them winning a Prize and they should seek independent financial advice prior to accepting a Prize.
34. Once a Prize has left the Promoter’s/Supplier’s premises, the Promoter and the Relevant Parties will not be responsible for any delay in delivery or loss or damage to the Prize.
35. If the Determination Date or Unclaimed Prize Determination Date is a public holiday, the determination will be conducted on the following business day.
36. Prizes will be awarded to the people named in the winning entries.
37. The Promoter reserves the right to refuse to allow a Winner to take part in any or all aspects of any Prize, if the Promoter determines, in its absolute discretion, that the Winner is not in the mental or physical condition necessary to be able to safely participate in the Prize.
38. All costs and expenses associated with taking a Prize become the responsibility of the Winner and/or their guests including, without limitation, transport to or from a Show.
39. Prizes cannot be used in conjunction with any other discounts or special offers.
40. All components of each Prize must be taken together as a package. Prizes are valid only for the relevant Show only. In the event that, for any reason whatsoever, a Winner does not take a Prize at the time specified by the Promoter, that Prize will be forfeited by that Winner and no substitute or compensation will be offered.
GENERAL
41. The Promoter reserves the right to take any action necessary in its sole discretion at any time.
42. To the full extent permitted by the law, the Promoter and the Relevant Parties will not be liable for any loss, damage, claim, cost, expense or personal injury suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any Entrant in connection with the Promotion or the Prizes, including:
a) any indirect, economic or consequential loss or loss of profits;
b) any loss arising from the negligence of a Relevant Party; and
c) any liability for personal injury or death.
43. If, for any reason, the 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 other causes beyond the control of the Promoter that corrupt or affect the administration, security, fairness or integrity, or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or take any other action, including to cancel, terminate, modify, or suspend the Promotion subject to any direction given under the relevant State/Territory permit regulations.
44. The Winners acknowledge that the Prizes may be subject to additional terms and conditions imposed by third parties. The Winners must become acquainted with any such additional terms and conditions prior to taking a Prize. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prizes, or for the breach of those conditions by any person.
45. Except for any liability which cannot be excluded by law, the Promoter is not responsible for:
a) any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Promotion;
b) any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; or
c) any error; omission; interruption; deletion; defect; delay in operation or transmission; communications line failure; theft; or destruction or unauthorised access to, or alteration of, entries or Entrants’ details.
46. Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.
47. These Terms and Conditions are governed by the laws of New South Wales. The Promoter and all Entrants irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.
48. These rules are Terms and Conditions and constitute the entire terms and conditions between the Entrant and the Promoter with respect to the Promotion and cannot be altered, modified, or amended.
49. All entries become the property of the Promoter.
PRIVACY
50. Your privacy is important to us. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected by or on behalf of the Promoter to enable it to administer the Promotion, publicise its Winners, and send Entrants marketing information where Entrants have consented. Entrants’ personal information may be disclosed to marketing and communications agencies, Prize suppliers and Prize deliverers in order to conduct this Promotion. Personal information about Entrants may also be disclosed to the authorities responsible for the regulation of gaming and lotteries. Winners’ names will be published and retained as required by relevant legislation and as specified in these Terms and Conditions. Entrants can contact the Promoter by mail at PO Box 612, Moonee Ponds, Victoria, 3039 or by telephone on 131999 to request access to, or corrections of, any of the personal information that the Promoter holds about them. Entrants can access a copy of the Promoter’s Privacy Policy at http://www.foxtel.com.au/privacystatement.htm.
