Channel 9/ The Fix / American Assasin – Win A Trip For Four (4) Adults To Sydney (prize valued at $10,000)

“AMERICAN ASSASSIN” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prize form part of these Terms and
Conditions. Participation in this promotion is deemed acceptance of these
Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years or older.
3. Employees (and their immediate families) of the Promoter and agencies
associated with this promotion are ineligible to enter. Immediate family means
any of the following: spouse, ex-spouse, de-facto spouse, child or step-child
(whether natural or by adoption), parent, step-parent, grandparent, step-
grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-
sister or 1st cousin.
4. Promotion commences 9:00am AEST on 27/08/17 and closes 10:00am AEST
on 18/09/17 (“Promotional Period”).
5. To enter, eligible entrants must, during the Promotional Period, visit
www.facebook.com/9TheFix, locate the promotional entry form, complete all
requested details including full name, contact number, a valid and current
email address, State and suburb of residence, and an answer to the question
in 25 words or less “Tell us what your covert Government codename is and
why we should trust you?” and submit the completed form.
6. 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
reserves the right, in its sole discretion, to disqualify any individual who the
Promoter has reason to believe has breached any of these Terms and
Conditions, tampered with the entry process or engaged in any unlawful or
other improper misconduct calculated to jeopardise fair and proper conduct of
the promotion. Errors and omissions may be accepted at the Promoter’s
discretion. Failure by the Promoter to enforce any of its rights at any stage
does not constitute a waiver of those rights. The Promoter’s legal rights to
recover damages or other compensation from such an offender are reserved.
7. Incomplete or indecipherable entries will be deemed invalid.
8. Multiple entries permitted, subject to the following: (a) each entry must be
substantially unique; and (b) each entry must be submitted separately and in
accordance with entry requirements.
9. If there is a dispute as to the identity of an entrant, the Promoter reserves the
right, in its sole discretion, to determine the identity of the entrant.
10. The judging will take place at 24 Artarmon Road, Willoughby NSW 2068 on
18/09/17 at 12 noon (midday) AEST. The judges may select additional
reserve entries that they determine to be the next best, and record them in
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order of merit, in case of an invalid entry or ineligible entrant. The winner will
be notified by telephone and email.
11. This is a game of skill and chance plays no part in determining the winner.
Each entry will be individually judged based on literary and creative merit of
the answer provided to the promotional question.
12. The Promoter’s decision is final and no correspondence will be entered into.
13. The best entry, as determined by the judges, will win a trip for four (4) adults
to Sydney, NSW valued at up to AUD$10,000 depending on date and point of
departure. Prize includes:
4 x return economy class airfares from winner’s nearest capital city to
Sydney, NSW (only provided if winner resides outside of NSW);
4 days car hire of an automatic transmission SUV;
3 nights minimum 4 star accommodation in Wollongong, NSW, in a 2
bedroom, quad share apartment;
“Extreme paintball experience” for four (4) adults;
14,000 foot skydive experience for four (4) adults; and
$600 spending money for the winner only.
14. Additional spending money, meals, insurance, transport to and from departure
point, transfers, items of a personal nature, in-room charges and all other
ancillary costs are not included. Prize is subject to booking and flight
availability.
15. The winner and their companions must depart from and return to the same
departure point and travel together. Itinerary to be determined by the
Promoter in its absolute discretion. Frequent flyer points will not form part of
the prize. Prize is subject to the standard terms and conditions of individual
prize and service providers. The winner may be required to present their
credit card at time of accommodation check in. If the winner is from NSW,
then the prize does not include airfares and these components of the prize will
not be redeemable for cash.
16. Car hire prize is subject to standard rental conditions of the rental provider.
Petrol and insurance is not included. The driver must have a current valid
driver’s licence issued in an Australian State or Territory and either (a) be
aged 25 years or over; or (b) be aged between 21 – 24 years, subject to an
additional surcharge of AUD$27.50 per day. Payment of any surcharge is the
responsibility of the winner. Winner will be required to leave a deposit equal to
any balance due, excess, fuel deposit and any equipment at the time of
vehicle collection. This will be held on the winner’s credit card.
17. The winner and their companions acknowledge that the paintball and
skydiving experiences (“Activities”) are potentially dangerous activities that
may result in injury or death, and participate at their own risk. The winner and
their companions must: (a) attend, undergo and pass any appropriate training,
briefings, required medical tests and other requirements of the Promoter and
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Activity organisers as determined by them in their absolute discretion; (b) not
have any heart condition or history thereof, or other medical conditions that
would make it dangerous to participate in any Activity; (c) not be under the
influence of drugs or alcohol; (d) comply with all directions of the Promoter
and Activity organisers at all times; and (e) wear all safety and other
equipment required. The Promoter and Activity organisers, in their absolute
discretion, at all times reserve the right to: (a) prevent any winner or their
companions from participating in an Activity if, at any time, they reasonably
believe that the winner or their companion poses a safety risk or for any other
reason; and/or (b) cancel the Activity if the conditions are deemed dangerous.
Prize must is subject to booking availability. If the Activity is varied for any
reason beyond the control of the Promoter it may not be rescheduled and no
compensation will be offered.
18. Participants of the skydiving Activity must weigh less than 95kg. Persons
weighing over 95kg may participate subject to payment of a surcharge as
follows: 95kg – 104kg, AUD$50; 105kg – 114kg, AUD$75kg; 115kg and over,
AUD$100. Any surcharge is the responsibility of the winner. Persons weighing
over 110kg will be subject to additional assessment by the Activity organisers,
who will determine in their absolute discretion if it is safe for the person to
participate in the Activity.
19. If for any reason the winner does not take the prize (or an element of the
prize) by the time stipulated by the Promoter, then the prize (or that element
of the prize) will be forfeited.
20. In the event of war, terrorism, state of emergency or disaster, the Promoter
reserves the right to cancel, terminate, modify or suspend the promotion or
suspend or modify a prize, subject to any written directions from a relevant
regulatory authority.
21. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion,
reserves the right to substitute the prize (or that part of the prize) with a prize
to the equal value and/or specification.
22. Total prize pool value is up to AUD$10,000. Prize, or any unused portion of
the prize, is not transferable or exchangeable and cannot be taken as cash,
unless otherwise specified.
23. Each entrant warrants that their entry is an original literary work of the entrant
that does not infringe the rights of any third party. As a condition of entering
this promotion, each entrant licenses and grants the Promoter, its affiliates
and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide,
irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish
and display their entry for any purpose, including but not limited to future
promotional, marketing or publicity purposes, in any media, without
compensation, restriction on use, attribution or liability.
24. Entrants consent to the Promoter using their name, likeness, image and/or
voice in the event they are a winner (including photograph, film and/or
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recording of the same) in any media for an unlimited period without
remuneration for the purpose of promoting this promotion (including any
outcome), and promoting any products manufactured, distributed and/or
supplied by the Promoter.
25. 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, including but not limited to technical
difficulties, unauthorised intervention or fraud, 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.
26. Any cost associated with accessing the promotional website is the entrant’s
responsibility and is dependent on the Internet service provider used.
27. Entry and continued participation in the promotion is dependent on entrants
following and acting in accordance with the Facebook Statement of Rights
and Responsibilities, which can be viewed at www.facebook.com/terms.php.
28. 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. The information an entrant
provides will only be used for the purposes outlined in these Terms and
Conditions. Any questions, comments or complaints about this promotion
must be directed to the Promoter and not to Facebook. Facebook will not be
liable for any loss or damage or personal injury which is suffered or sustained
by an entrant, as a result of participating in the promotion (including
taking/use of a prize), except for any liability which cannot be excluded by law.
29. 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 States and Territories of Australia (“Non-Excludable Guarantees”). Except
for any liability that cannot by law be excluded, including the Non-Excludable
Guarantees, the Promoter (including its respective 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.
30. Except for any liability that cannot by law be excluded, including the Non-
Excludable Guarantees, the Promoter (including its respective officers,
employees and agents) is not responsible for and 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: (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
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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.
31. Entrants’ personal information will be collected by the Promoter. Personal
information will be stored on the Promoter’s database. The Promoter may use
this information for future marketing purposes regarding its products, including
contacting the entrant electronically. The Promoter is bound by the Australian
Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its
privacy policy which is located at
https://login.nine.com.au/privacy?client_id=9nowweb.
32. At the time of entry, entrants can also opt-in to receive updates from Village
Roadshow Ltd. By opting-in, entrants agree that their information will be
collected and handled by Village Roadshow Ltd and will be subject to their
privacy policy which can be viewed at https://roadshow.com.au/pages/privacy-
policy
33. The Promoter is Nine Network Australia Pty Limited, ABN 88 008 685 407 of
24 Artarmon Rd, Willoughby, NSW 2068. You can contact the Promoter in
relation to the promotion by mail to this address or by telephone to (02) 9906
9999.