A&E TV – Foxtel Subscriber – Win a Foton Tuland Ute
WIN A FOTON TUNLAND UTE
A&E COMPETITION
TERMS & CONDITIONS
DEFINITIONS
1. The following definitions apply to these Terms and Conditions:
a) “Closing Date” means 10:00hrs on Friday 11 July 2014.
b) “Commencement Date” means 10:00hrs on Friday 13 June 2014.
c) “Determination Date” means 10:00hrs on Monday 14 July 2014.
d) “Entrant” means a person who enters the Promotion.
e) “Entry Material” has the meaning given in clause 12.
f) “Facebook Page” means the official “A&E” Facebook page located at www.facebook.com/AETVAustralia
g) “Major Prize” means the major prize offered in the Promotion.
h) “Major Prize Winner” means the Entrant who wins the Major Prize.
i) “Prize” means a prize offered in the Promotion. “Prizes” means all the prizes offered in the Promotion and includes the Major Prize 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) “Supplier” means the supplier of the Prizes.
q) “Website” means the A&E website located at http://www.aetv.com.au
r) “Winner” means an Entrant who wins a Prize including in the Unclaimed Prize Determination and including the Major Prize Winner and the Runner-Up Winners.
s) “Unclaimed Prize Determination” has the meaning set out in clause 29.
t) “Unclaimed Prize Determination Date” means Monday 25 August 2014.
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 Facebook Page and Website.
8. An Entrant is eligible to win a Prize if they:
a) are a permanent resident of Australia; and
b) are over the age of 18; and
c) are a Foxtel, Optus TV featuring Foxtel or Foxtel from Telstra subscriber, or live in a household with a Foxtel, Optus TV featuring Foxtel or Foxtel from Telstra 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 (c) 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) go to the Facebook Page;
b) like the Facebook Page;
c) post a video or picture on the Facebook Page with #Manesia in relation to the following question:
“How has your favourite A&E show cured your case of #Manesia?”
11. 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.
12. Entrants may enter the Promotion multiple times provided that each submission is unique. Only one (1) Prize will be awarded per person.
13. An Entrant’s video/picture (the “Entry Material”) must be the Entrant’s original work and must not infringe the copyright, moral rights, trademark rights or any other rights of any third party. Each Entrant warrants that all Entry Material is their own original work and is not copied in any manner from any other work or works;
14. Entrants retain all ownership in their Entry Material. However, by submitting their Entry Material, Entrants hereby grant the Promoter an irrevocable, non-exclusive, worldwide, royalty free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the Entry Material for the purposes of conducting and promoting this Promotion, awarding the Prize and advertising and marketing the Promoter or the Promotion on all media now know or later devised, in perpetuity.
15. By entering the Promotion, Entrants consent to any use of their Entry material by the Promoter which may otherwise infringe an Entrant’s moral rights in the Entry Material, including (without limitation);
a) Exercising any of the rights in the Entry Material without identifying the Entrant; and
b) Using the Entry Material in any way that the Promoter sees fit, even if it results in derogatory treatment of the Entry Material (as defined in the Copyright Act 1968 (Cth).
16. Each Entrant warrants that;
a) he/she has the full power and capacity to grant the rights, warranties and consents set out in these Terms and Conditions; and
b) he/she will fully indemnify the Promoter against any loss or damage suffered by the Promoter:
i. in the event any of the warranties given by the Entrant are false; and
ii. as a result of any breach of these Terms and Conditions by the Entrant.
17. 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.
18. Entry via Facebook is free. However, any costs associated with accessing Facebook are the responsibility of the person seeking access and are dependent on the internet service provider used.
19. Entrants must make their Facebook 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.
20. 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.
21. All entries to the Promotion may be subject to verification by the Promoter. An Entrant must, within 2 days of being asked, provide such information and allow the Promoter to inspect and copy any documents that the Promoter may request establishing eligibility to enter the Promotion, including but not limited to Foxtel subscriber number, evidence of age, residence and/or identity.
22. 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.
23. Any entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
24. 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 Condition 21 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
25. There will be one (1) Major Prize Winner and twenty (20) Runner-Up Prize Winners determined from all entries received during the Promotion Period. Each Winner will receive one (1) Prize.
26. The Winners will be chosen on the Determination Date by the Promoter at 5 Thomas Holt Drive, North Ryde, NSW 2113. The Winners will be the Entrants who, in the sole opinion of the judges, have most creatively answered the Entry Question.
27. The Promoter’s decisions are final and no correspondence will be entered into.
28. The Winners will be notified within three (3) business days of the Determination Date, in writing to the Facebook account used to enter.
29. All reasonable attempts will be made to contact the Winners. 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 11:00hrs on the Unclaimed Prize Determination Date and will be conducted by the Promoter at 5 Thomas Holt Drive, North Ryde, NSW 2113. The Winner/s of the Unclaimed Prize Determination will be notified in writing to the Facebook account used to enter within three (3) business days of the Unclaimed Prize Determination Date.
PRIZES
30. The Major Prize consists of one (1) x Foton Tunland 4×4 ute with manual transmission and silver metallic paint and including all on-road costs (including registration, stamp duty and CTP), valued at a maximum of $30,390.00
THE TOTAL MAJOR PRIZE POOL IS VALUED AT A MAXIMUM OF $30,390.00
31. Each Runner-Up Prize is valued at a total of $21.92 and consists of the following:
a) 1 x keyring, valued at a maximum of $3.09;
b) 1 x bottle opener, valued at a maximum of $2.45;
c) 1 x small cooler bag, valued at a maximum of $8.98;
d) 1 x trucker cap, valued at a maximum of $3.75; and
e) 1 x stubby holder, valued at a maximum of $3.65
THE TOTAL RUNNER-UP PRIZE POOL IS VALUED AT A MAXIMUM OF $438.40
THE TOTAL PRIZE POOL IS VALUED AT A MAXIMUM OF $30,828.40
32. All Prize values are correct as at May 14 2014 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.
33. If a Prize (or any part of 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 (or any part of any Prize) is unavailable for any reason.
34. Prizes cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions cannot be taken as a monetary payment.
35. Prizes may be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow a Winner to transfer a Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.
36. 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.
37. Unless expressly stated, all costs and expenses associated with taking a Prize become the responsibility of the Winner.
38. The Prizes cannot be used in conjunction with any other discounts or special offers.
39. 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.
40. The Prizes will be awarded to the people who own the Facebook Account used to submit the winning entries.
41. The Major Prize Winner must provide all information and sign all documentation necessary to enable the Supplier to register the Major Prize in the Major Prize Winner’s name prior to collection. Receipt of the Major Prize is subject to the Major Prize Winner being able to lawfully take possession of the Major Prize and comply with all registration and compulsory third party insurance requirements of the State/Territory in which the Major Prize Winner resides.
42. The Promoter takes no responsibility for any mechanical, body or paint repairs to the Prize from the date and time of delivery.
43. The cars depicted in any promotional material are not necessarily the same colour as the Prize.
44. The Major Prize will be delivered to the Foton dealership closest to the Major Prize Winner’s place of residence. The Major Prize Winner must collect the Major Prize from that dealer. Any costs incurred in the collection of the Major Prize are the sole responsibility of the Major Prize Winner.
45. Unless explicitly stated in these Terms and Conditions, the Major Prize does not include any optional extras, running costs, or comprehensive insurance. If the Major Prize Winner determines that comprehensive insurance is required they will be responsible for arranging and paying for such insurance.
– See more at: http://www.aetv.com.au/foton-competition/terms#sthash.5v5gghSt.dpuf