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Foxtel Management Pty Ltd
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Foxtel Arts – Andre Rieu ‘Shall We Dance?’
TERMS & CONDITIONS
1. The following definitions apply to these Terms and Conditions:
“Closing Date” means Wednesday 17 July 2019 at 10:00hrs.
“Commencement Date” means Wednesday 3 July 2019 at 10:00hrs.
“Determination Date” means Wednesday 17 July 2019 at 11:00hrs.
“Entrant” means a person who enters the Promotion.
“Facebook Page” means the Foxtel Arts official Facebook page, located at
“Guest” means a guest or guests allowed to accompany a Winner where specified in
“Prize” means the prize or prizes offered in the Promotion.
“Promoter” means Foxtel Management Pty Ltd ABN 65 068 671 938, of 5 Thomas
Holt Drive, North Ryde, NSW 2113.
“Promotion” means this competition.
“Promotion Period” means the period between the Commencement Date and the
“Relevant Parties” means the Promoter and the agencies and companies that are
associated with the Promoter or the Promotion.
“Supplier” means the supplier of the Prize.
“Website” means the Foxtel Arts website, located at www.foxtelarts.com.au.
“Winner” means the Entrant who in the Promoter’s discretion has the winning entry
and wins a Prize, including in the Unclaimed Prize Award.
“Unclaimed Prize” means a Prize that has not been claimed or has been forfeited for
“Unclaimed Prize Date” means the date and time that the Promoter determines that
the Prize is an Unclaimed Prize, being: Wednesday 24 July 2019 at 10:00hrs.
“Unclaimed Prize Award Date” means the date and time that the Unclaimed Prize
will be awarded to another Entrant by the Promoter, being: Wednesday 24 July 2019
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.
1. The Promotion is conducted by the Promoter.
2. The Promotion is a game of skill, and chance plays no part in determining the
3. 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 the Prize if they are the
4. All entry instructions and prize information published by the Promoter form part of
these Terms and Conditions.
5. This Promotion will be advertised on the Facebook Page, the Website, Foxtel
electronic direct marketing, Foxtel on-air broadcasts.
6. An Entrant is eligible to win the Prize if they:
a) are a permanent resident of Australia; and
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b) are over the age of 18;
c) and are not employees of:
i. the Promoter;
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; and
d) are not 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.
7. Entry to the Promotion commences on the Commencement Date and closes on
the Closing Date.
8. To enter the Promotion, an Entrant must, during the Promotion Period:
a) go to the Website; and
b) click on the Promotion link; and
c) complete all of the required data entry fields on the entry form; and
d) answer the following question, in 25 words or less: “Which song that André
Rieu performs makes you want to dance, and why?” (the “Entry Question”).
9. An Entrant’s entry must not be:
e) unlawful or capable of violating any law or giving rise to a civil action;
g) defamatory or libellous;
h) threatening or harassing;
i) pornographic or contain nudity;
k) offensive against a person or group of persons on the grounds of age, colour,
gender, national or ethnic origin, disability, race, religion or sexual preference;
l) incite or be capable of encouraging conduct that would be considered a
m) in violation of the social media guidelines, rules or terms of service of the
relevant social media site or platform used to enter the Promotion.
10. Entrants may enter the Promotion multiple times over the Promotion Period,
provided that each answer to the Entry Question is unique.
11. The Entrant warrants that their entry including the response and any photos,
images or videos (“Entry Material”) is: their own original work; it is not copied in
any manner from any other work; and does not infringe the copyright, moral rights,
trademark rights or any other rights of any third party.
12. 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 known
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or later devised, in perpetuity.
13. 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;
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
14. Each Entrant warrants that:
a) they have the full power and capacity to grant the rights, warranties and
consents set out in these Terms and Conditions;
b) they will fully indemnify the Promoter against any loss or damage suffered by
i. in the event that any of the warranties given by the Entrant are false;
ii. as a result of any breach of these Terms and Conditions by the Entrant;
c) they have consent from each person appearing in the Entry Material (or if a
person appearing in the Entry Material is under the age of 18, from that
person’s parent or guardian).
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 website or app is free. However, any costs associated with accessing a
website or app in order to make their entry, are the responsibility of the person
seeking access and are dependent on the service provider used.
17. Entrants must make their website or app entries manually. 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 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 seven (7) days of being asked and at the Promoter’s cost,
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
receipts, evidence of age, residence and 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 the Winner
cannot provide suitable proof of eligibility, they will forfeit the 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:
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a) fails to establish their entitlement to win the Promotion to the Promoter’s
b) fails to produce items as required by these Terms and Conditions 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
23. There will be fifteen (15) Winners determined from all entries received during the
Promotion Period. The Winner will receive the Prize.
24. The Winner will be determined on the Determination Date by the Promoter at 5
Thomas Holt Drive, North Ryde, NSW 2113. The Winner will be the Entrant who,
in the sole opinion of the judges, has most creatively answered the Entry Question.
25. The Promoter’s decisions are final and no correspondence will be entered into.
26. The Winner will be notified by phone/email within two (2) days of the Determination
27. All reasonable attempts will be made to contact the Winner. If the Prize is
an Unclaimed Prize, it will be awarded to another Entrant on the Unclaimed Prize
Award Date and will be conducted by the Promoter. The Winner of the Unclaimed
Prize Award will be notified by phone/email within two (2) days of the Unclaimed
Prize Award Date.
28. The Prize is two (2) tickets for the Winner and one (1) Guest to attend ‘Andre Rieu
2019 Maastricht Concert: Amore – Shall We Dance?’ on either Saturday 27 July
2019 at 13:00hrs or Sunday 28 July 2019, at 14:00hrs ONLY, valued at a maximum
of $84.00. Winner must redeem tickets from the box office of a participating cinema
in advance (prior to 28 July 2019) to secure seats at the screening. Admission is
subject to seat availability as advised by the Supplier and is not guaranteed. List of
the participating cinemas is located at andreincinemas.com.
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A
MAXIMUM OF $1,260.00.
29. All Prize values are correct as at the Commencement Date 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.
30. If the 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 the Winner or any other party if the Prize is unavailable for any reason.
31. The Prize cannot be refunded or exchanged and, except as expressly permitted by
these Terms and Conditions, cannot be taken as a monetary payment.
32. Unless expressly stated all other costs and expenses associated with taking the
Prize become the responsibility of the Winner.
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33. The Prize must be claimed by the Winner by the Unclaimed Prize Date. All aspects
of each Prize must be taken together as a package. In the event that for any reason
whatsoever the Winner does not take the Prize or an element of the Prize at the
time stipulated by the Promoter, the Prize or that element of the Prize will be
forfeited by the Winner.
34. The Prize may be transferred at the Promoter’s sole discretion. In the event that
the Promoter exercises its discretion to allow the Winner to transfer the 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.
35. The Promoter reserves the right to refuse to allow a Winner to take part in an aspect
of a Prize, if the Promoter determines, based on the advice of an appropriate and
relevant medical professional, that a Winner is not in the mental or physical
condition necessary to be able to safely participate in that aspect Prize.
36. The Winner is advised that tax implications may arise from them winning the Prize
and they should seek independent financial advice prior to accepting the Prize.
37. Once the 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.
38. If the Determination Date or Unclaimed Prize Determination Date is a public
holiday, the determination will be conducted on the following business day.
39. The Prize cannot be used in conjunction with any other discounts or special offers.
40. Any cash component of the Prize will be issued to the Winner as a cheque in the
Winner’s name and crossed “not negotiable.”
41. The Prize will be awarded to the Winner in the Promoter’s sole discretion.
42. By entering the Promotion, the Winner and their Guest agree that:
a) if requested by the Promoter, the Winner and their Guest will:
i. provide comments about the Promotion and/or a photograph or
audio-visual clip of themselves; and
ii. participate in a promotional shoot in connection with the Promotion;
b) the Promoter may use their name, image, comments, photographs or clips
(“Materials”) for publicity and promotional purposes in any form of media,
without reference or compensation to the Winner and their guest/s or any
c) the Promoter may use, reproduce, edit and communicate to the public the
Materials at any time in any form of media;
d) the Promoter may license, authorise or otherwise transfer the rights in the
Materials to others to do the same; and
e) the Winner and their guest/s unconditionally and irrevocably consent to any
act or omission that would otherwise infringe any of their moral rights in the
Materials and waive all moral rights in the Materials.
43. Prizes including attendance to an event must be taken to coincide with that event.
Prizes are only valid on Saturday 27 July 2019 OR Sunday 28 July 2019 and can
only be redeemed in accordance with the Supplier’s terms and conditions.
44. 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
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services. If a Prize is sold or used in breach of this condition, the Promoter or the
Supplier may, at their absolute discretion, withdraw the Prize. Where a ticket 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 may be refused entry.
45. The Promoter reserves the right to take any action necessary in its sole discretion
at any time.
46. To the full extent permitted by the law, Facebook 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 Prize, 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.
47. If entry and continued participation in the Promotion is via Facebook, Entrants
agree to act in accordance with the Facebook Statement of Rights and
Responsibilities, available at http://www.facebook.com/terms.php.
48. This Promotion is in no way sponsored, endorsed, or administered by, or
associated with, Facebook. Entrants understand that they are providing their
information to the Promoter and not to Facebook. Any questions, comments or
complaints about this Promotion must be directed to the Promoter (not Facebook)
at the address given in clause 1 of these Terms and Conditions.
49. 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
50. The Winner acknowledges that the Prize may be subject to additional terms and
conditions imposed by third parties. The Winner and Guest must become
acquainted with any such additional terms and conditions prior to taking the Prize
and the Winner and Guest agree to be bound by such terms and conditions. The
Promoter does not accept any responsibility and is not liable for any additional
conditions imposed on the taking of the Prize, or for the breach of those conditions
by any person.
51. Except for any liability which cannot be excluded by law, the Promoter is not
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
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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.
52. 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.
53. 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
New South Wales.
54. These rules are Terms and Conditions and constitute the entire terms and
conditions between the Entrant and the Promoter with respect to the Promotion.
The Promoter may alter, modify, or amend these Terms and Conditions at its sole
discretion and will only provide Entrants with notice of substantial amendments.
55. Except for the ‘Entry Material, all entries become the property of the Promoter.
56. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988.
Entrants’ personal information will be collected, used and disclosed as set out in
the Foxtel Competition Privacy Notice for this Promotion (at