Network Ten – FOX Kingsman – Win a trip for 2 to London valued at $10,375
FOX Kingsman Competition Terms and Conditions
1. Information on how to enter forms part of the terms of entry. Entry into the FOX Kingsman Competition (“Competition”) is deemed acceptance of these terms and conditions.
Eligibility to Enter
2. Entry is open to all residents of Australia. However, employees and the immediate families of Network Ten Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) (the “Promoter”) and their associated agencies and companies or any organisation or individual associated with the provision of the prize(s) are not eligible to enter. Entrant must be residing in Australia at the time of entry, or their entry may be deemed invalid.
3. Entrants under 18 years of age must have the prior approval of their parent or guardian to enter. At least one person travelling must be over the age of 21.
4. Entrants who have won a prize in any Network Ten competition in the past 12 months are not eligible to win a prize in this competition.
5. The competition commences on Sunday 10 September 2017 at 09:00 AEST and closes on
Sunday 24 September 2017 at 23:59 AEST (“Competition Period”).
6. The Competition will be advertised on, but not limited to, Network Ten, www.tenplay.com.au.
How to Enter
7. To participate in the Competition entrants must
a. Log on to tenplay.com.au and register their details including (but not limited to) name,
address, phone number, email address, gender and interest, to become a tenplay
b. Answer the question on the competition page in 25 words or less
8. It is free to become a tenplay member, however, the cost of accessing the promotional website is dependent on the entrant’s individual service provider. These Terms and Conditions apply in conjunction with the Ten Members rules.
9. Incomprehensible and incomplete entries will be deemed invalid.
10. A limit of one online entry per day per tenplay member applies.
11. Entries must be received by Sunday 24 September 2017 at 23:59 AEST to be included in the Prize judging. Each valid entry received over the duration of the Competition Period will be entered into the Prize judging.
12. The time of entry will in each case be the time the online entry is received by the Promoter’s database. The Promoter and its officers, employees and agents accept no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason.
13. This is a game of skill; chance plays no part in determining the winner. Each entry will be individually judged based on its literary and creative merit of the answer to the question provided. The judges’ decision in relation to any aspect of the competition will be final and binding on every person who enters. No correspondence will be entered into.
14. The Promoter is entitled to use any of the entries submitted in any manner and for any purpose at its absolute discretion, including promotional, marketing and publicity purposes without any further reference or payment or other compensation to the entrant. The Promoter is entitled to amend, edit, select, crop, retouch, add to or delete from any part of the submitted entry.
15. The Entrant warrants to the Promoter the entry submitted is an original literary work of the Entrant that does not infringe the rights of any third parties. If the entry or any part of the information provided to the Entrant in relation to the entry was provided by a third party, the Entrant warrants they have obtained the relevant copyright permission to submit the entry for the purposes of this promotion. The entrant agrees to indemnify the Promoter against all claims and costs by third parties arising from a breach of the warranty set out in this condition.
16. Entries must not be offensive, defamatory or racist. Any entry which the judges deem inappropriate will be invalid. The entrant agrees to indemnify the Promoter.
17. The account holder is responsible for any activity and/or entries that have been submitted using their device (E.g. Phone, computer, tablet etc). It is the account holder’s sole responsibility to control any and all access to their device. The Promoter and its officers, employees and agents will not be responsible for any loss, damage or costs incurred as a result of failure to comply with this. Entrants must not use another’s device without express permission from the account holder.
18. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. The method of determining an entrants’ validity is at the discretion of the Promoter. Error and omissions will be accepted at the Promoter’s discretion. Failure by the Promoter, its officers, employees or agents to enforce any of the Promoter’s rights at any stage does not constitute a waiver of those rights.
19. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with Network TEN or the advertising or marketing thereof, in any media whatsoever through the world and the winner will not be entitled to any fee for such use.
20. Winners will be judged from all entries received throughout the competition period and one (1) Major Prize Winner will be selected by a judging panel at Network TEN at 1 Saunders Street, Pyrmont NSW 2009 on Monday 25 September 2017 from 10:00 AEST. The Winner will be the Entrant who, in the sole opinion of the judges, has submitted the most creative and original 25
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words or less answer to the question on the competition page. The Prize Winner will be notified by phone call within two (2) days of judging and in writing and the winner’s details will be published on the Tenplay website at tenplay.com.au from Tuesday 26 September 2017.
21. An entry that is made on behalf of an entrant by a third party will be invalid.
22. All reasonable attempts will be made to contact the Winner. If the Prize remains unclaimed by the winner or unallocated or forfeited for any reason, by Tuesday 3 October 2017 at 10:00 AEDT, the Prize will be re-allocated to the entrant that has submitted the entry which best meets the judging criteria excluding the entrant that has failed to claim the prize. This Unclaimed Prize Determination will take place at Network TEN at 1 Saunders Street, Pyrmont, NSW 2009 at Tuesday 3 October 2017 at 11:00 AEDT. The Winner of the Unclaimed Prize Determination will be notified by telephone and in writing within 2 days of the Unclaimed Prize Determination and will be published on the Tenplay website at tenplay.com.au from Wednesday 4 October 2017.
23. There will be One (1) Major Prize Winner judged from all entries received (Online) who will win the following prize package:
1x Major Prize
Prize Package for 2 Adults
Flights: Roundtrip economy class flights from major
international airports on mainland Australia to London
Transfers: Roundtrip airport transfers in London, UK.
Accommodation: 7 nights’ luxury accommodation in London with breakfast
Private Customised Kingsman Tour of London in a Black Cab: See London the Kingsman Way as you embark on a private guided tour of the key filming locations (includes a customised itinerary and private guide)
Kingsman: The Golden Circle Excusive Behind-the- Scenes Tour of VFX Studio: Includes roundtrip transfers from hotel to Soho studio:
$500AUD MR PORTER Gift card
TOTAL PRIZE VALUE – AUD
24. The total Prize Pool is valued at $10,375.00 (including GST). The Promoter and its officers, employees and agents accept no responsibility for a change in prize value between now the ultimate Major Prize redemption date.
25. Any ancillary costs associated with redeeming the prize are not included. These are the responsibility of the winner.
26. The Major Prize winner and their travelling companions are responsible for all other expenses including spending money (unless specified), meals (unless specified), drinks, transfers (unless
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specified), laundry charges, activities (unless specified), incidentals, taxes (excluding departure and any other flight associated taxes included within the prize), energy surcharges, gratuities, services charges and all other ancillary costs. Travel insurance is not included (unless specified in the prize inclusions) but is highly recommended.
27. All prizes are non-transferrable. No cash alternative is available for any prize. Prizes must be taken as offered. Any prize, unused portion of any prize, or portion of the prize the Winner is not entitled to, are not exchangeable or cannot be redeemed as cash. Prizes cannot be used in conjunction with any other special offer. Prize values are in Australian dollars. The Promoter and its officers, employees and agents accept no responsibility for any variation in the prize values. Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize.
28. In acceptance of the prize, the Winner acknowledges that they may incur ongoing costs associated with the prize which are the entire responsibility of the winner.
29. If the prize winner is under 18 years of age at the time of judging, the prize will be awarded to their nominated Parent or Guardian on behalf of the winner. The winner and parent or guardian may be required to sign a prize transfer form.
30. If the Major Prize Winner is under the age of 18 they must be accompanied by an adult over the age of 21.
31. The Major Prize travel must be completed by 25 September 2018 is subject to availability, and is based on two (2) people sharing a twin/double room. Specified accommodation, restaurants and tours are subject to availability at the time of booking. Alternatives may be offered dependent on availability.
32. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value.
33. At least one person travelling must be over the age of 21; accommodation is based on 2 adults sharing a room; hotel stay must include a Saturday night; a valid credit or debit card will be required to guarantee your room on check in; prize does not include travel to and front the departure airport, personal expenses, incidentals, or food and drink unless otherwise stated; all elements of the prize are subject to availability. If unavailable, experiences and items of a similar nature and value may be offered; once confirmed, the prize cannot be amended or cancelled; prize is non-refundable and non-transferable; no cash alternative is available; all travellers will require a passport valid for at least 6 months on date of travel; any necessary visas or insurance are the responsibility of the winner and guests; prize cannot be taken over Christmas, New Year or Public Holidays in the departure or arrival country; prize is valid for 12 months from the date of notification of wining, and all travel must be completed within that time; roundtrip flights available from Adelaide; Brisbane; Cairns; Canberra; Darwin; Melbourne; Perth and Sydney only; flights will be indirect and routing will be selected by prize provider at their sole discretion; $500 AUD Mr Porter gift card is for the winner only.
34. The Promoter and its officers, employees and agents are neither responsible nor liable for any damaged, delayed or lost in transit in the delivery of the prizes.
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35. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the Competition result.
36. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements.
37. In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.
38. Personal information about all prize winners will be shared with the prize provider, and their agents, to the extent necessary for prizes to be delivered to the prize winners.
39. If the Major Prize winner does not provide proof of meeting the age restriction and other valid entry requirements of notification of winning, the Major Prize will be forfeited in full, and the winner will have no further claim. A re-judge will be held to award the Major Prize to a valid entrant.
40. Travel is valid for 12 months from the date of notification. Winners who do not travel at that time will become null and void and will no longer be entitled to their prize.
41. Once confirmed in writing, travel dates and names of those travelling are not changeable without incurring extra fees. The Promoter and its officers, employees and agents do not accept responsibility for any fees incurred as a result of any changes made and these costs will be borne by the winner and their companion.
42. The Major Prize winner and their travelling companion must travel at the same time, must depart from the same capital city and are responsible for transport from their residence to their nearest capital city for flight departure. It is the winner’s responsibility to organise transfers and cover associated costs to and from the winner and their travelling companion’s residence and nearest capital city.
43. The Major Prize Winner, or their travelling companion, may be required to provide a credit card in order to check-in at the hotel for a security deposit, and to cover any incidental charges.
44. Air tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. The Promoter has the right to determine the airline carrier at its discretion. In the event that a winner requests a specific carrier, not offered by the Promoter, any subsequent or additional fees and taxes, if applicable will be the responsibility of the winner. Flight itinerary may have to be adjusted depending on the airlines departure city and their current flight schedule. Frequent Flyer points are not available from any airline. The Promoter is not responsible for the cancellation, delay or rescheduling of any part of a travel Prize and any costs incurred by the winner or any travelling companion(s) as a result (including accommodation costs) will be the responsibility of the winner.
45. Network TEN and their associated agencies and companies or any organisation or individual associated with the provision of the Prize(s) make no representation as to the safety conditions or other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the Australian Department of Foreign Affairs and Trade, www.dfat.gov.au.
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46. It is the traveller’s personal responsibility to ensure that they have valid documentation, including but not limited to valid passports and visas, which meet the requirements of immigration and other government authorities at every destination. Any necessary visas, vaccinations, passports and any associated costs are the responsibility of the winner and their travelling companion. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the travellers.
47. It is the responsibility of the winner (and their travelling companion) to hold all relevant passports (with at least 6 months validity from the date of return), any applicable visas and vaccinations if required. Any costs associated with this are not included in the prize package. Costs are the responsibility of the Major Prize Winner and their travelling companion.
48. As it is the traveller’s personal responsibility to ensure that they have valid documentation, including but not limited to valid passports and visas, which meet the requirements of immigration and other government authorities at every destination, any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the travellers.
49. All components of the Major Prize must be fulfilled at the same time and they cannot be split across different time periods. All elements of the package are subject to availability at the time of booking.
50. Prizes will be awarded to the person named in their contestant entry. Should an entrant’s contact details change during the Competition Period it is the entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
51. It is a condition of accepting the prize the winner may be required to sign a legal release in a form determined by the promoter in its absolute discretion.
52. Should the Major Prize Winner not meet any of the criteria stated in these terms and conditions to be a valid winner they will forfeit all rights to the Major Prize, and a re-judge will take place to reallocate the Major Prize to a valid winner.
53. By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the duration of the prize.
54. If for any reason this Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, its officers, employees or agents, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Competition, subject to government legislation.
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55. If your entry is selected as a winning entry, validation of your circumstances, the validity of your entry will be undertaken by the Promoter. Method of validation (without limitation) will be determined by the Promoter at its complete discretion. If the winning entry is deemed to be a winner, the winner will be notified as per the terms and conditions herein. In the event that the Promoter requests the entrant to sign any legal documents relating to the verification of their medical circumstance, the legal documents will take the form determined by the Promoter. It is a condition of accepting the prize the winner signs any such legal documentation.
56. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and its officers, employees and agents exclude all liability (including negligence), for any personal injury; or loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Competition and: (a) any technical difficulties or equipment malfunction (whether or not under the control of the Promoter, its officers, employees or agents); (b) any theft, unauthorised access or third party interference: (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter, its officers, employees or agents; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a Winner or entrant; or (f) use of the prize.
57. If this Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, its officers, employees or agents, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Competition, as appropriate, subject to government legislation.
58. All entries become the property of the Promoter. The Promoter collects personal information about you to enable you to participate in this promotion but no further use of this information will be made without prior consent.
59. The Promoter and its officers, employees and agents 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. The Promoter and its officers, employees and agents are not responsible for any incorrect or inaccurate information, either caused by the phone user 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.
60. Subject only to terms 60, 61, and 62, you acknowledge and agree that the Administrators have caused the Promoter to promote this Competition on the basis of these Terms and Conditions in their capacity as voluntary administrators and therefore agents of the Promoter, and the
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Administrators are not personally entering into, adopting or assuming any personal liability in relation to these Terms and Conditions.
61. The Administrators will be personally liable in relation to these Terms and Conditions to the extent provided for in section 443A of the Corporations Act insofar as they are incurring a debt or debts for services rendered, goods supplied or property hired, leased, used or occupied.
62. If the Administrators have any personal liability in relation to these Terms and Conditions, then subject to term 62:
(a) the Administrators will not be personally liable in relation to these Terms and Conditions to the extent that such liability exceeds their right of indemnity out of the assets of the Promoter pursuant to the Corporations Act, at law or in equity or otherwise; and
(b) you release the Administrators in respect of any shortfall between any personal liability in relation to these Terms and Conditions and the extent of their indemnity out of the assets of the Promoter, and agree not to seek to recover any such shortfall from the Administrators personally.
63. Any liability of the Administrators in relation to these Terms and Conditions arising from their own wilful misconduct, wilful default or fraud is not waived, released or limited by terms 60-69.
64. The Receivers were appointed as joint and several receivers and managers of various assets of the Promoter on 30 June 2017. The Administrators have an arrangement with the Receivers under which the Administrators will continue to manage the day-to-day business of the Promoter. You acknowledge and agrees that the Receivers act in their capacity as receivers and managers and therefore agents of the Promoter, and are not personally adopting these Terms and Conditions and, to the extent permitted by law, do not assume any personal liability pursuant to them.
65. If the Receivers have any personal liability in relation to these Terms and Conditions, then subject to term 65:
(a) the Receivers will not be personally liable in relation to these Terms and Conditions to the extent that such liability exceeds their right of indemnity out of the assets of the Promoter pursuant to the Corporations Act, at law or in equity or otherwise; and
(b) you release the Receivers in respect of any shortfall between any personal liability in relation to these Terms and Conditions and the extent of their indemnity out of the assets of the Promoter, and agree not to seek to recover any such shortfall from the Receivers personally.
66. Any liability of the Receivers in relation to these Terms and Conditions arising from their own wilful misconduct, wilful default or fraud is not waived, released or limited by terms 60-68.
67. Neither the Administrators nor the Receivers nor any of their partners, directors, officers, employees, agents, attorneys, related bodies corporate (as defined in sections 9 and 50 of the Corporations Act) or successors is personally responsible to you for, or will be personally liable (whether in negligence or on any other ground whatever) in respect of:
(a) to the extent permitted by law or an order of a court, any failure by the Promoter to perform its obligations under these Terms and Conditions; or
(b) the accuracy or validity of any representation, warranty or undertaking provided by the Promoter in relation to or in connection with these Terms and Conditions; or
(c) any action taken or omitted to be taken by the Promoter under these Terms and Conditions except in the case of its own wilful misconduct or gross negligence.
68. The Promoter holds the benefit of terms 60-68 for the Administrators and the Receivers. You agree with the Promoter that, if required by the Promoter to do so, you will execute a deed poll in favour of the Administrators and the Receivers on, or consent to orders being made by a court in, substantially the same terms as terms 60-68.
69. Notwithstanding any other term of these Terms and Conditions, terms 60-68 will be paramount and the liability of the Administrators and the Receivers will be limited by these terms.
70. You consent to The Promoter collecting your personal information for the purpose of conducting and promoting this Competition (including but not limited to determining and notifying the winner and prize fulfilment). Your personal information may be disclosed to a third party as a result of entering this competition, including but not limited to Ansible Pty Ltd and MultiChannel Network Pty Ltd. Your personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation. For purposes of public statements and advertisements The Promoter will only publish the winner’s surname, initial and State. A request to access, update or correct any information should be directed to the Promoter. If you are not willing for this to occur you cannot participate in the promotion.
72. The Promoter is Network Ten Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) (ABN: 91 052 515 250) of 1 Saunders Street, Pyrmont NSW 2009.
Administrators means Mark Korda, Jarrod Villani and Jennifer Nettleton of KordaMentha, Level 5, Chifley Tower, 2 Chifley Square, Sydney NSW 2000 as joint and several voluntary administrators of TEN, and includes any person who replaces any of the Administrators, and the agents, partners and employees of the Administrators.
Chapter 5 Body Corporate has the meaning given to that term in the Corporations Act. Corporations Act means the Corporations Act 2001 (Cth).
Receivers means Christopher Hill, Phillip Carter and David McEvoy of PPB Advisory, Level 7, 8 Chifley, 8-12 Chifley Square, Sydney NSW 2000 as joint and several receivers and managers
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appointed to various assets of TEN and includes any person who replaces any of the Receivers, and the agents, partners and employees of the Receivers.
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