Australian Ballet – Competition (prize valued at $2,144)

The Australian Ballet’s Mother’s Day Giselle Competition
It is important that you read and understand these Terms and Conditions, particularly paragraphs
about The Australian Ballet’s legal responsibility to you such as paragraph 7. If you do not
understand these Terms and Conditions, you should seek help to understand them.
1. Competition overview
a) To be eligible to submit an entry into the ‘The Australian Ballet Mother’s Day Giselle Competition’
(the “Competition”), you must be 18 years of age or older.
b) To enter, entrants must add the “The Australian Ballet Mother’s Day Giselle Competition” to their
e-calendar from the relevant email or website link. To be eligible to win, entries must be received by
the end of the Promotion Period.
c) The competition starts on 26/04/2019 at 9:00am and ends on 05/05/2019 at 12am (midnight).
(the “Competition Period”). Entry can only be made during the Competition Period. The Competition
will be drawn at the end of the competition period on 06/05/2019 at 10:00am (the “Selection Date”
mentioned).
e) Entry into the Competition is free (except for any normal internet connection charges that may
apply).
f) Entrants understand that they are providing their information to the Promoter. The information an
entrant provides will only be used for the purposes outlined in these Terms and Conditions and the
Terms and Conditions of The Australian Ballet’s e-calendar sign up. Any questions, comments or
complaints about this promotion must be directed to the Promoter.
g) The competition prize is available for use in Sydney, NSW on the specified date only. Australian
entrants who are not based in Sydney may enter, but entrants will be solely responsible for the
organisation and cost of their own travel to Sydney.
2. Promoter
a) The promoter of this Competition is The Australian Ballet Level 6, 2 Kavanagh St, Southbank VIC
3006
b) All prize selections will take place at the offices of The Australian Ballet.
3. Eligibility
a) To be eligible to enter the Competition:
i. you must be a permanent resident of Australia;
ii. If you are younger than 18 years old, your parent or guardian (over the age of 18) will need to
agree to these Terms and Conditions (we may contact this person to confirm their agreement); and
iii. neither you nor anyone in your immediate family may be an employee of The Australian Ballet,
affiliated with The Australian Ballet or connected to the Competition in any way.
b) The Australian Ballet may disqualify you if:
i. you or your Entry do not meet any one or more of the requirements set out in these Terms and
Conditions;
ii. your Entry includes any objectionable material or infringes the rights (including intellectual
property rights) of any third party; or
iii. you tamper in any way with the operation of the Competition.
c) Your Entry must be complete, in English and legible.
d) If for any reason this Competition is not capable of running as planned, including infection by
computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, unforeseen
legal or commercial circumstances or any other causes beyond the control of The Australian Ballet
which corrupt or affect the administration security, fairness, integrity, or proper conduct of this
Competition, The Australian Ballet reserves the right in its sole discretion, to cancel, terminate,
modify, delay or suspend the Competition.
4. Winner selection
a) The Competition is a game of chance.
b) The Australian Ballet will appoint judges for the Competition (the “Judges”).
c) The winner selection will take place on the Selection Dates. The Judges will select from all valid
Entries into the Competition one (1) prize winner. The Judges’ decisions are final and no
correspondence will be entered into.
d) The Winners will be notified by email or phone within three (1) day of the Selection Date (see
paragraph 1(c)). All reasonable attempts will be made to contact the Winners.
e) The Prizes must be claimed within one (1) day of the Selection Date. If for whatever reason any
Prize is not claimed by this date, an unclaimed prize selection will be carried out on Tuesday 6 May
2019 at 11:00AM (AEST).
f) If any proposed selection date falls on a public holiday in Victoria, that selection will be conducted
on the following business day.
g) If any person first chosen as the Winner is found to be ineligible, they will be disqualified and
another entrant will be selected as replacement Winner.
5. Prize
a) The prize is 2 x Adult tickets to The Australian Ballet’s production of Giselle on Saturday 11 May
2019, overnight accommodation for two in the Luxury Room at the Sofitel Sydney Wentworth
including two welcome cocktails on Saturday 11 May, and buffet breakfast at Sofitel Sydney
Wentworth on Sunday 12 May 2019, dinner for two at Bennelong restaurant on Saturday 11 May
and a gift of Bennelong Australian Extra Virgin Olive Oil, plus a LUXit in-room beauty service for two
on Saturday 11 May 2019. The maximum total prize pool is $2144 (inc GST). All other ancillary costs
including but not limited to travel to and from SOH, insurance, taxes (excluding GST), and any and all
other expenses are the winner’s responsibility.
The Australian Ballet does not accept any responsibility for a change in Prize value.
b) If you are a Winner:
i. You may not transfer the Prize to anyone or ask for any alternative Prize (including cash).
ii. The Australian Ballet may replace the Prize with another prize of equal value in the unlikely event
that the Prize becomes unavailable.
iii. If you are not able to take the Prize as stated, you will forfeit the Prize and no payment or
compensation will be made in lieu.
iv. Once the Prize has left the premises of The Australian Ballet, responsibility for any damage, delay
or loss to the Prize during transit will pass to you.
v. The Australian Ballet may ask you or your parent/legal guardian to provide proof of your age,
identity and residency, and to sign any required documentation including release forms as a
condition of claiming the Prize.
vi. You or your parent/legal guardian are responsible for all expenses and taxes connected to your
participation in the Competition and not included in the Prize.
vii. If requested by The Australian Ballet, the Winners may be required and must agree to be filmed
during the presentation of the Prize. The Winner hereby grants to The Australian Ballet the right to
issue, and authorise others to issue, publicity concerning the Winner, and the right to use Winner’s
name (including any professional name or sobriquet adopted by Winner), likeness and biographical
data in connection with the promotion of the Competition.
6. Ownership
a) The Australian Ballet will own your Entry and will not return your Entry at the end of the
Competition. You may keep a copy of the Entry for archiving purposes.
b) You agree that all of the rights (including intellectual property rights) in your Entry, including any
copyright works in your Entry, belong to The Australian Ballet and you hereby assign any rights you
may have to The Australian Ballet. This includes all copyright (present or future), other intellectual
property rights and rights of ownership. You grant a perpetual worldwide license (including a right to
sub-license) to The Australian Ballet of all rights in your Entry pending completion of this assignment.
c) You agree to do all things necessary (which may include signing documents) to transfer these
rights to The Australian Ballet.
d) You consent to The Australian Ballet doing or omitting to do anything that infringes your moral
rights in your Entry. Moral rights are your inherent rights in your Entry as the author and/or
performer in the Entry and comprise the rights:
i. to be attributed as the author of the Entry;
ii. not to have your authorship of the Entry falsely attributed; and
iii. of integrity of authorship and/or performance.
b) This prize does not include any travel. The Australian Ballet takes no responsibility for the travel of
the winner to or from Sofitel Wentworth Sydney or Sydney Opera House.
7. Liability and Indemnity
a) The Australian Ballet is not liable, and you release The Australian Ballet from liability, for any loss
or damage that you may suffer from your participation in the Competition, including (without
limitation) if:
i. the Competition is cancelled, modified, suspended or delayed, including under paragraph 3d); or
ii. The Australian Ballet does not receive your Entry within the Competition Period for any reason.
b) The Competition and Consumer Act 2010 (Cth) as well as other laws in Australia may imply certain
conditions, warranties and undertakings, and give you other legal rights. If they apply, they cannot
be modified or excluded by any contract. You may consider seeking legal advice as to whether they
apply to you.
c) Nothing in these Terms and Conditions generally affects your rights under Australian consumer
law (as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and equivalent
State and Territory fair trading legislation) regarding consumer guarantees to the extent that such
consumer guarantees cannot be excluded by law. Other than these consumer guarantees, and
subject to paragraph 7b), The Australian Ballet makes no warranties about any prizes offered as a
part of the Competition, including warranties as to the quality, merchantability or fitness for purpose
of such prizes.
d) You agree to indemnify The Australian Ballet against all liabilities suffered or sustained by The
Australian Ballet arising from any claim by a third party that your Entry infringes the rights (including
intellectual property rights) of any third party.
e) All entrants unconditionally and irrevocably release and discharge Facebook from any and all
liability in relation to this Competition.
8. Representations and warranties
You represent and warrant that you have all of the rights necessary to affect the transfer of rights to
The Australian Ballet under paragraph 6.
9. Privacy
a) The Australian Ballet will collect your personal information (such as your name and biographical
data) as part of the Competition and may use this information anywhere in the world for the
purposes of administering the Competition, and other purposes for which we obtain your express
consent. Where you have expressly consented, your personal information may be provided to The
Australian Ballet affiliates, including overseas affiliates for future promotional, marketing and
publicity purposes without notice and without any fee being paid unless otherwise advised by you.
b) The Australian Ballet will comply with its privacy policy in the collection and use of your personal
information. The Australian Ballet’s privacy policy is available at
https://australianballet.com.au/home/privacy
10. The Australian Ballet Intellectual Property
a) Unless expressly stated in these Terms and Conditions, your participation in the Competition does
not entitle you to use any of The Australian Ballet’s intellectual property rights (including any The
Australian Ballet trade mark or copyright) for any purpose.
b) You may not disclose your Entry to anyone other than The Australian Ballet. You may only use
your Entry to participate in the Competition. You may keep any copy of your Entry for your personal
records.
11. Governing law
These Terms and Conditions are governed by the laws of New South Wales, Australia. You submit to
the nonexclusive jurisdiction of courts exercising jurisdiction there, and waive any right to claim that
those courts are an inconvenient forum.
12. Severability
Any provision (or part thereof) of these Terms and Conditions that is prohibited or unenforceable in
any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or
unenforceability. That does not invalidate the remaining provisions (or parts thereof) of these Terms
and Conditions nor affect the validity or enforceability of that provision (or part thereof) in any other
jurisdiction.
13. Entire Agreement
These Terms and Conditions contain the entire agreement between you and The Australian Ballet
with respect to the Competition. They set out the only conduct that you have relied on and
supersede all earlier conduct and prior agreements and understandings between you and The
Australian Ballet in connection with the Competition.