Optus – Win a trip to Red Rooms New York City, New York, USA (via Los Angeles) from Sydney

GAME OF SKILL Nova’s Red Room PROMOTION TERMS AND CONDITIONS OF ENTRY
August 11, 2014 at 5:50pm

1. Information on how to enter and prizes forms part of these Terms and Conditions. Entry into the Nova’s Red Room Together with Optus (“Promotion”) is deemed to be an acceptance of these Terms and Conditions.

2. Promotion commences 11 August 2014 6pm (AEST) and entries close at 22 August 2014 11.59pm (AEST) (“Promotion Period”).

3. Entry is only open to Australian residents over the age of twenty one (21) years. Employees (and their immediate families) of the Promoter, or agencies or companies associated with the conduct of this Promotion, are ineligible to enter. Entrants must be a current Optus customer or during the Promotional Period activate or change to an Optus My Prepaid plan.

4. To enter, tell us in 25 words or less on the designated Optus Facebook page’s post how you “live more yes”.

5. Entries are deemed to be received at the time of receipt by the Promoter. Records of the Promoter are final and conclusive as to time of receipt.

6. Incomplete or indecipherable entries will be deemed invalid.

7. All valid entries received during the Promotion Period will be entered into the judging to be held at 25 August 2014 4pm (AEST) at Optus Centre Sydney, 1 Lyonpark Road, Macquarie Park, NSW 2113.

8. This is a game of skill and chance plays no part in determining the winner.

9. There will be ten (10) shortlisted entries selected by Optus judges who are judged to have the most interesting or creative demonstration of how you “Live More Yes”. A single winner will then be selected by Nova 969 judges. The winner will be judged to have the most interesting or creative demonstration of how you “Live More Yes” and will win the Nova Red Rooms trip (“Prize”). The winner will be notified on the Optus Facebook page and further correspondence made via email or phone. Judges’ decision is final and no correspondence will be entered into.

10. Prize:

a) one (1) Sony Xperia E1 mobile phone handset bundle including an Optus prepaid SIM card with $4 of credit (Mobile Phone Handset) Mobile Phone Handset is provided unlocked;

b) two (2) adult economy airfares from the Australian capital city closest to the ordinary residential address of the Major Prize winner to Sydney, New South Wales, Australia (inclusive of airfare related taxes and charges). For the avoidance of doubt, if the Australian capital city closest to the ordinary residential address of the Major Prize winner is Sydney, New South Wales, the Major Prize winner will not receive this element of the Major Prize and will be responsible for their own (and their companion’s) transport to Sydney, New South Wales, Australia;

c) transfers for the Major Prize winner and their companion from Sydney Airport to The Star, Sydney, New South Wales to a maximum value of $50.00AUD. For the avoidance of doubt, if the Australian capital city closest to the ordinary residential address of the Major Prize winner is Sydney, New South Wales, the Major Prize winner will not receive this element of the Major Prize.

d) one (1) night minimum four (4) star accommodation in a twin room at The Star in Sydney, New South Wales, to be shared by the Major Prize winner and their companion;

e) transfers for the Major Prize winner and their companion to Sydney International Airport from The Star, Sydney, New South Wales;

f) two (2) adult economy airfares to New York City, New York, USA (via Los Angeles) from Sydney, New South Wales, Australia (inclusive of airfare related taxes and charges);

g) Qantas Business Lounge access at Sydney International Airport and at Los Angeles International Airport (LAX) during layover;

h) return transfers for the Major Prize winner and their companion to and from John F Kennedy Airport, New York, USA to The Dream Hotel in New York City, New York, USA;

i) up to three (3) nights’ minimum four (4) star accommodation in a twin room at The Dream Hotel in New York City, New York, USA, to be shared by the Major Prize winner and their companion;

j) two (2) adult economy airfares from New York City, New York, USA to Las Vegas Domestic Airport, Las Vegas, Nevada USA (inclusive of airfare related taxes and charges);

k) transfers for the Major Prize winner and their companion from Las Vegas Domestic Airport, Las Vegas, Nevada, USA to The Cosmopolitan Hotel of Las Vegas, Nevada, USA;

l) up to three (3) nights’ minimum four (4) star accommodation in a twin room at The Cosmopolitan of Las Vegas in Las Vegas, Nevada, USA, to be shared by the Major Prize winner and their companion;

m) transfers for the Major Prize winner and their companion from The Cosmopolitan Hotel of Las Vegas, Nevada, USA to LAX, Los Angeles, California, USA;

n) two (2) adult economy airfares from LAX, Los Angeles, California, USA to the Australian capital city closest to the ordinary residential address of the Major Prize winner (via Sydney, New South Wales, Australia if the Major Prize winner is from Perth, Western Australia or Adelaide, South Australia) (inclusive of airfare related taxes and charges);

o) one (1) double pass to each of Nova’s Red Room Global Tours Together With Optus in the following locations:

1) Sydney;

2) New York City; and

3) Las Vegas;

p) daily per diem of $100 AUD per day (up to a maximum value of $600 AUD) as an allowance for each Major Prize winner whilst overseas to cover any out of pocket expenses. Per diem will be paid for tour dates excluding international travel days; and q) daily breakfast at: The Star, Sydney, New South Wales; The Dream Hotel, New York City, New York, USA; and The Cosmopolitan Hotel, Las Vegas, Nevada, USA.

Major Prize Terms and Conditions

As a condition of accepting and participating in the Major Prize, the Major Prize winner and their companion (if any) acknowledge and agree:

1) that they may be required to attend, undergo and pass any appropriate training, briefings, safety demonstrations, requisite medical tests and other requirements of the Promoter and any partnering clients as determined by them in their absolute discretion;

2) that they may have to participate in Nova-themed events and/or activities whilst taking the Major Prize and/or as directed by the Promoter in the absolute sole discretion of the Promoter and partnering clients;

3) that the Promoter or its agents may film, photograph and record the Major Prize winner and their companion (including, but not limited to, during the course of their participation in the Major Prize) and that such footage will be the property of the Promoter and may be edited;

4) that the Promoter, its agents and its partnering clients may use the winning entry and the Major Prize winner’s and their companion’s names, likeness, images and/or voices (including photograph, film or recording of the same) from (but not limited to) their participation in the Major Prize, in any media for an unlimited period without further notification, compensation or remuneration for the purpose of promoting, publicizing or marketing this promotion (including the Major Prize and any outcome) and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter and/or its partnering clients. The winner and their companion agree that they will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its partnering agents;

5) that they may be required to agree to a code of conduct and/or sign a legal release or releases in the form determined by the Promoter in its sole discretion prior to participating in the Major Prize. Failure to do so as determined by the Promoter (in the Promoter’s absolute and sole discretion) will result in the Major Prize winner forfeiting their prize;

6) that they may be required to participate in the Major Prize in accordance with any rules of engagement determined by the Promoter in its sole discretion and provided to the winner and their companion (if any) prior to travel (Rules); and

7) that should they breach these Terms of Entry whilst taking the Major Prize the Promoter may, in its discretion, immediately invalidate the relevant Major Prize winner’s entry, withdraw all further rights to the Major Prize and direct the Major Prize winner and their companion to immediately return to Australia at their own expense. This action will be determined by the Promoter in its sole discretion and no correspondence will be entered into.

b) All flights will be provided by Qantas or an affiliated airline.

c) All components of the Major Prize must be taken together and when offered or are forfeited. Any element of the Major Prize not taken will be deemed to be forfeited. The Major Prize winner and their companion must travel together and participate in the Major Prize together at all times.

d) Participation in the Major Prize and any tickets, passes or vouchers issued as part of the Major Prize may be subject to prevailing Major Prize supplier terms and conditions of use.

e) All components of the Major Prize are to be arranged by a representative of the Promoter and/or an agent nominated by the Promoter in its sole discretion.

f) If the Major Prize winner and their companion miss the flight from Sydney, Australia to New York City, New York, USA, the Major Prize winner will forfeit the Major Prize (at the Promoter’s absolute and sole discretion).

g) The Major Prize winner and their companion must hold a current and valid passport with at least 6 months validity from the Travel Date. The Major Prize winner and their companion must provide a copy of their passports at the time of winning to verify the validity. If the Major Prize winner and/or their companion do not supply their passports as requested, the Major Prize winner will forfeit the Major Prize as determined by the Promoter in the Promoter’s absolute and sole discretion.

h) The Major Prize winner and their companion must prepare all necessary paperwork and apply for any relevant visas (including an Electronic System for Travel Authorisation (ESTA)) to enable them to travel to, and remain in, the USA and participate in the Major Prize (at their own cost). Major Prize winners should consult the Embassy or Consulate of The United Stated of America or https://esta.cbp.dhs.gov/esta/ for up-to-date information to ensure they can obtain the required visa prior to travel, in order to accept the Major Prize. If the Major Prize winner and/or their companion is unable to obtain an ESTA or any other relevant visa or travel document, and/or is refused entry into the USA, the Major Prize winner will forfeit the Major Prize.

i) The Major Prize winner and/or their companion must have a valid credit card.

j) The Major Prize winner is required to travel with their Mobile Phone Handset at all times to ensure they are accessible throughout the tour.

k) Any amendment fees issued by an airline or other Major Prize supplier as a result of an action of the Major Prize winner and/or their companion (for example, missing a flight or transfer) will be the responsibility of the Major Prize winner.

l) Additional spending money, meals (other than those included or covered by the daily per diems) and any other ancillary costs, including, but not limited to, travel insurance and any applicable insurance excesses, not listed in the Major Prize details above are the responsibility of the Major Prize winner and their companion as incurred.

m) The Promoter takes no responsibility for loss or injury suffered by the Major Prize winner and/or their companion as a result of taking the Major Prize.

n) The Major Prize winners and their companion are responsible for obtaining their own valid travel insurance for their period of travel and adequate for the countries of travel.

o) No portion of the Major Prize is redeemable for cash. The Major Prize is not refundable or transferable.

p) Taking the Major Prize is subject to the Rules (if any) and any prevailing terms and conditions of any accommodation/transport/experience/ services/transfers/travel insurance or tour providers, and in particular, health, behaviour, age and safety requirements. The Major Prize winner and their companion must follow the Rules (if any) and all reasonable directions given by the Promoter and any Major Prize supplier during the course of their participation in the Major Prize, including all directions in relation to health, age, behaviour, safety and legal and responsible consumption of alcohol. No compensation will be payable if the winner and/or their companion are unable to use any element of the Major Prize as stated for whatever reason, including refusal of entry or departure into or out of USA or participation in any other activities for health, age, behaviour or safety reasons. If the Major Prize winner or their companion fails to participate in the Major Prize in the manner required, as stated in this condition and/or in the reasonable opinion of the Promoter or any Major Prize supplier, the balance of the Major Prize will be forfeited with no compensation payable.

q) The Major Prize winner and their companion must adhere to any and all local government laws and regulations, including around the consumption of alcohol and gambling. The Promoter takes no responsibility for any actions taken by local authorities if the Major Prize winner and/or their companion break any local laws. The Major Prize winner and their companion should make themselves aware of the local laws and penalties of the USA. Serious and severe penalties exist for underage drinking and drug offences. The death penalty can be enforced in some states of the USA for criminal acts such as murder, rape and crimes against the state including treason and threats to Homeland Security including acts of terrorism.

r) The Australian Department of Foreign Affairs and Trade issues travel warnings and updates for travellers. The Promoter recommends that the Major Prize winner and their companion consult the Smarttraveller website for advice and information prior to undertaking travel.

s) Transfers outlined in the Major Prize details above are at the absolute and sole discretion of the Promoter. Any additional transfers, including taxis, will need to be covered by the Major Prize winner and their companion.

t) The Major Prize winner and their companion must be in good health and must not have any pre-existing medical conditions that would prohibit them from flying to, entering and remaining in the USA, or participating in any way in the Major Prize. The Major Prize winner and their companion must declare to the Promoter and/or any Major Prize supplier any health-related issues that may affect their safe participation in any part of the Major Prize and obtain a written clearance from their doctor in this respect.

u) The Major Prize winner and their companion must not be under the influence of any drugs and may consume alcohol in moderation but must not be under the influence of alcohol during any activities to the extent that it impairs or affects their understanding, judgment or participation in the activities, and subject to any limitations of the Promoter, any Major Prize supplier and the prevailing laws and regulations of USA.

v) The Major Prize winner and their companion must not have a criminal record, outstanding warrants or any infringement notices that would prevent them from entering the USA.

w) The Promoter and/or any Major Prize supplier in their absolute discretion: (a) reserve the right to refuse to allow the Major Prize winner or their companion to take part in any or all aspects of the Major Prize if they reasonably believe the Major Prize winner or their companion poses a safety risk or for any other reason; and (b) may cancel the relevant component of the Major Prize if the conditions are deemed dangerous. No compensation will be payable if the Major Prize winner or their companion are unable to use any element of the Major Prize as stated for whatever reason, including refusal of participation in certain activities for health, age, behaviour or safety reasons.

11. The Promoter reserves the right to disqualify the Major Prize winner or their companion, prohibit the Major Prize winner’s or their companion’s participation in the Major Prize or any component of the Major Prize, or otherwise cease to provide any Major Prize benefit to the winner or their companion, if the Major Prize winner or their companion act in a way, or cause material to be published, which the Promoter in its sole discretion deems to be inappropriate, aggressive, defamatory, offensive, or contrary to law or the Rules (if any), to diminish the good name or reputation of any Major Prize supplier and/or the Promoter, its products and/or services or any of its related bodies corporate, or is otherwise not in keeping with the spirit of the promotion. For the avoidance of doubt, the Major Prize winner can be disqualified after the Major Prize winner is notified and published if the Major Prize winner or their companion is found to have not acted in accordance with these Terms of Entry. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.The first valid entry judged to be the most creative and entertaining will win one (1) Prize valued at $26,000 AUD(“Prize”). The winner will be notified in writing by email and phone. Judges’ decision is final and no correspondence will be entered into. 12. Additional spending money, meals, taxes, insurance, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included.

13. The Prize is subject to booking and flight availability at time of booking. The Promoter accepts no responsibility for the cancellation or rescheduling of any flights. Prize must be taken by when specified by the Promotor. If the winner is unable to travel on the nominated dates, then the Prize will be forfeited by the winner and the Promoter may in its discretion, award the Prize to the next valid entry judged best. Frequent flyer points will not form part of the Prize.

14. If the Promoter determines, in its absolute discretion, that the winner is not in the necessary condition to safely participate in the Prize, the Promoter reserves the right to refuse to award to the winner any part of the Prize.

15. Prize is subject to the standard terms and conditions of individual prize and service providers.

16. Total Prize value in the Promotion is up to AU$26,000(including GST).

17. In the event that for any reason whatsoever the 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.

18. The Prize (including any unused portion) cannot be transferred, exchanged or redeemed for cash. The Promoter retains the right to substitute the Prize with a prize of equal or greater value (including where the Prize is unavailable).

19. The Promoter may conduct such further judging at Optus Centre Sydney, 1 Lyonpark Road, Macquarie Park NSW 2113 on 26 August 2014 at midday AEST, as are necessary for an unclaimed prize. The winners of any unclaimed prize will be notified in writing.

20. The Promoter’s decision is final, and no correspondence will be entered into, including in the event of a dispute. The Prizes must be taken as offered and cannot be varied.

21. In the event that a Prize winner is a person under the age of 18, the Prize will be awarded to the winner’s nominated parent or guardian.

22. 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. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

23. If this Promotion 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.

24. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

25. The Promoter is not responsible for any incorrect or inaccurate information, either caused by promotional website users or by any of the equipment or programming associated with or utilised in this Promotion, or by any technical error that may occur in the course of the administration of this Promotion. The Promoter assumes no responsibility for 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.

26. If for any reason this Promotion is not capable of running as planned due to any reason, including but not limited to infection by computer virus, bugs tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Promotion.

27. It is a condition of accepting the Prize that the winner may be required to sign a release of liability in a form to be determined in the absolute discretion of the Promoter.

28. The winners agree to participate in any news and media/PR activities surrounding the Promotion. The Promoter reserves the right to use each winner’s name, voice, image and likeness for advertising and publicity purposes in any media in perpetuity worldwide without additional compensation.

29. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (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; (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. Nothing in these Terms and Conditions alters an individual’s statutory guarantees as set out in the Competition and Consumer Act or similar State and Territory laws, where it is illegal to do so.

30. All claims and entries become the property of the Promoter. The Promoter requires your personal information in order to conduct the Promotion. If you do not provide the mandatory personal information requested then you will not be able to take part in the Promotion. By entering this Promotion, each entrant is taken to consent to the Promoter using the entrant’s personal information to administer the Promotion, announce the winners and disclosing the entrant’s personal information to organisations that assist the Promoter with administering the Promotion and announcing the winner, and to third parties as required by law (including authorities that regulate this Promotion). The Promoter is bound by the National Privacy Principles in the Privacy Act 1988 (Cth) and by entering the Promotion, the entrant is taken to consent to the Promoter’s privacy policy. See www.optus.com.au to view the Promoter’s privacy policy in full. An entrant may access and correct any personal information held by the Promoter, upon request to the Promoter.31. Nova 969 Pty Ltd (CAN 092 545 689) of Level 5, 33 Saunders Street Pyrmont NSW 2009 (‘NOVA’) and Optus Administration Pty Ltd (ABN 79 055 136 804) of 1 Lyonpark Road, Macquarie Park NSW 2113 (‘OPTUS’) are collectively referred to in the Terms of Entry as the Promoter