Channel 9 – Today Show – Win a Double Pass to Paul (prize valued at $16,000)
“TODAY SHOW PAUL MCCARTNEY” 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. Entrants under 18 must seek
Parent or Legal Guardian consent to enter.
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 AEDST on 23/10/17 and closes midnight
AEDST on 29/10/17 (“Promotional Period”).
5. To enter, eligible entrants must, during the Promotional Period, visit
www.facebook.com/iwakeupwithtoday, locate the promotional entry form,
complete all requested details including full name, contact number, a valid
and current email address, residential address, what city they would like to
attend a concert in the event they are a winner (Perth, Melbourne, Brisbane or
Sydney), and upload a photograph of themselves displaying how they are “a
massive Paul McCartney fan”, 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. Only one (1) entry permitted per person.
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
30/10/17 at 10:00am AEDST. The judges may select additional reserve
entries that they determine to be the next best, and record them in 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 artistic and creative merit of
the photograph provided by each entrant.
12. The Promoter’s decision is final and no correspondence will be entered into.
13. Entries will be divided into groups depending on the city indicated at the time
of entry, being Perth, Melbourne, Brisbane or Sydney. The best entry, as
determined by the judges, in each group will each win a double pass to Paul
McCartney’s concert in that city, valued at $4000, and a “Meet and Greet” with
Paul McCartney following the concert (subject to availability).
14. For the avoidance of doubt, the “Meet and Greet” element of the prize is not
guaranteed and is subject to the goodwill of Paul McCartney on the day. The
Promoter accepts no responsibility and will not offer any alternative in the
event that this element of the prize cannot be offered for any reason.
15. Prizes consist of tickets only, and winners will be responsible for their own
travel to and from the concert venue. Prizes must be taken on the dates and
at the locations of each concert as follows:
Perth: NiB Stadium on 02/12/17
Melbourne: AAMI Park on 05/12/17
Brisbane: Suncorp Stadium on 09/12/17
Sydney: Qudos Bank Arena on 11/12/17
16. Prizes are subject to the event venue and ticket terms and conditions,
including any applicable age restriction. The Promoter and event organisers
hereby expressly reserve the right to eject the winner (and/or his/her
companion/s) for any inappropriate behaviour, including but not limited to
intoxication, whilst participating in any element of the prize.
17. If for any reason a winner does not take a prize (or an element of a prize) by
the time stipulated by the Promoter, then the prize (or that element of the
prize) will be forfeited.
18. 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
19. If any prize (or part of any 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.
20. Total prize pool value is up to $16,000. Prizes, or any unused portion of a
prize, are not transferable or exchangeable and cannot be taken as cash,
unless otherwise specified.
21. Prize will be awarded to Parent or Legal guardian if the winner is under 18
years of age.
22. Entrants agree that they are fully responsible for any materials they submit via
the promotion including but not limited to comments, recordings and
photographs (“Content”). The Promoter shall not be liable in any way for such
Content to the full extent permitted by law. The Promoter may remove or
decline to publish any Content without notice for any reason whatsoever.
Entrants warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that the
Promoter may deem in breach of any intellectual property, privacy,
publicity or other rights, defamatory, obscene, derogatory, pornographic,
sexually inappropriate, violent, abusive, harassing, threatening,
objectionable with respect to race, religion, origin or gender, not suitable
for children aged under 13, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any
person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any
property that appears in their Content;
(d) the Content is the original artistic work of the entrant that does not infringe
the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the
Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968
(Cth) and warrant that they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without
limitation, those governing copyright, content, defamation, privacy,
publicity and the access or use of others’ computer or communication
Without limiting any other terms herein, the entrant agrees to indemnify the
Promoter for any breach of the above terms.
23. 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
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
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
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) if any Paul McCartney concert is delayed,
postponed or cancelled for any reason beyond the reasonable control of the
Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of a
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
32. 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