Channel Ten – The Living Room – Win The Constellation Journeys Trip of a Lifetime (prize valued at $59,000)

The Living Room Constellation Journeys Trip of a Lifetime Competition 290917
Network TEN
Constellation Journeys Trip of a Lifetime! Competition
Terms and Conditions
1. Information on how to enter forms part of the terms of entry. Entry into the Constellation
Journeys Trip of a Lifetime! Competition (“Competition”) is deemed acceptance of these terms
and conditions.
Eligibility to Enter
2. Entry is open to all residents of Australia 18 years and over. However, employees and the
immediate families of Network Ten Pty Limited (Administrators Appointed) (Receivers and
Managers Appointed) (the “Promoter”), WTFN Entertainment Pty Ltd, Qantas Airways Limited,
Arch Fire Pty Ltd trading as Constellation Journeys (the “Prize Provider”), and their associated
agencies and companies or any organisation or individual associated with the provision of the
prize(s) are not eligible to enter. Entrant must be residing in Australia at the time of entry, or
their entry may be deemed invalid.
3. If the Competition winner is unable to complete the travel on the set dates departing Sydney,
New South Wales on 22 April 2018 and returning on 12 May 2018 they will forfeit the prize in
full and a re-draw will take place as specified in these terms and conditions.
Competition Period
4. The Competition commences on Friday 6 October 2017 at 19.30 AEDT and closes on Monday 23
October 2017 at 09:00 AEDT (“Competition Period”).
5. Weekly competition periods will open each Friday at 19:30 AEDT and close each following
Monday at 09:00 AEDT.
6. The Competition will be advertised on, but not limited to Network TEN, www.tenplay.com.au.
How to Enter
7. To participate in the Competition entrants must:
a. Watch The Living Room from 19:30 local time each Friday during the Competition Period
on TEN for the code word
b. If not already, become a TENPlay member and/or log on to tenplay.com.au and register
their details including (but not limited to) the code word, name, address, phone number,
email address, gender and date of birth.
8. It is free to become a TENPlay member, however, the cost of accessing the promotional website
is dependent on the entrant’s individual service provider. These terms and conditions apply in
conjunction with the TENPlay member rules.
9. Code words will be announced during the broadcast of The Living Room weekly, currently
scheduled to air each Friday at 19:30 local time, from Friday 6 October 2017 to Friday 20
October 2017 inclusive. Each code word is valid until the next code word is announced. The last
code word, announced on Friday 20 October 2017 will be valid until the Competition closes on
The Living Room Constellation Journeys Trip of a Lifetime Competition 290917
Monday 23 October at 09:00am AEDT. The code words may also be made available via Channel
Ten’s Facebook page at https://www.facebook.com/channelten or online at Tenplay.com.au at
the Promoter’s discretion.
10. 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.
11. If for any reason during the Competition Period any of The Living Room episodes do not go to air
or the code word is not displayed during the episode or replacement program, the code word
may be made available on the Channel Ten The Living Room Facebook page at
https://www.facebook.com/livingroomtv at a time to be determined by the Promoter, in its sole
discretion.
12. Entries will only be considered valid if the correct code word has been provided for the
corresponding weekly period. Any entry submitted with a code word that has expired, due to a
new code word being announced, will be deemed invalid.
13. Incomprehensible and incomplete entries will be deemed invalid.
14. A limit of one online entry per code word per day per TENPlay member applies.
15. Entrants who have won a “major prize” in any competition held by the Promoter in the past 12
months are not eligible to win a prize in the Competition.
16. Entries must be received by Monday 23 October at 09:00 AEDT to be included in the prize draw.
Each valid entry received over the duration of the Competition Period will be entered into the
prize draw.
17. The time of entry will in each case be the time the online entry is received by the Promoter’s
database. The Promoter and its officers, employees and agents accept no responsibility for any
late, lost or misdirected entries due to technical disruptions, network congestion or for any
other reason.
18. The account holder is responsible for any activity and/or entries that have been submitted using
their device (e.g. phone, computer, tablet etc). It is the account holder’s sole responsibility to
control any and all access to their device. The Promoter and its officers, employees and agents
will not be responsible for any loss, damage or costs incurred as a result of failure to comply
with this. Entrants must not use another’s device without express permission from the account
holder.
19. 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 to disqualify any entrant who
submits an entry that is not in accordance with these terms and conditions or who tampers with
the entry process. The method of determining an entrants’ validity is at the discretion of the
Promoter. Error and omissions will be accepted at the Promoter’s discretion. Failure by the
Promoter, its officers, employees or agents to enforce any of the Promoter’s rights at any stage
does not constitute a waiver of those rights.
The Living Room Constellation Journeys Trip of a Lifetime Competition 290917
20. In consideration of the Promoter awarding the prize to the winner, the winner hereby permits
the winner’s image and/or voice, as recorded, photographed or filmed during the winner’s
participation in the prize to appear in connection with Network TEN or the advertising or
marketing thereof, in any media whatsoever through the world and the winner will not be
entitled to any fee for such use.
21. The prize draw will be held on Monday 23 October at 10:00 AEDT at Ansible Pty Ltd, Level 1, 16
Anster Street, Adelaide SA 5000.
22. The prize winner will be notified by a phone call within two (2) days of the draw and in writing
announced in The Living Room program on Friday 27 October 2017 and the winner’s details will
be published on the TENPlay website at tenplay.com.au from Monday 30 October 2017.
23. An entry that is made on behalf of an entrant by a third party will be invalid.
24. If required, an unclaimed prize draw will take place at Ansible Pty Ltd, Level 1, 16 Anster Street,
Adelaide, South Australia 5000 on Tuesday 30 January 2018 at 10:00 AEDT. The unclaimed prize
winner will be notified of their prize by phone, in writing and winner’s details will be published
on the TENPlay website at tenplay.com.au from Wednesday 31 January 2018.
Prize Details
25. There will be one (1) prize winner drawn from all entries received online who will win the
following prize package (“Prize”):
Number Prize Details
Up to AUD
Value
1 x Major
Prize
2 x return economy airfares from nearest capital city to
Sydney, NSW
2 x Superior Plus economy tickets on a privately chartered
Qantas 747
Includes: Economy seats with a window or aisle seat and
empty seat next to you + enhanced dining and bar service.
Itinerary
Sydney-Hanoi arrive 22 April, depart 25 April, 2018
Hanoi-India arrive 25 April, depart 28 April, 2018
India – The Serengeti arrive 28 April, depart 30 April, 2018
Marrakech arrive 30 April, depart 3 May, 2018
New York arrive 3 May, depart 6 May, 2018
Havana – arrive 6 May, depart 9 May, 2018
Tahiti arrive 9 May, depart 11 May, 2018
Tahiti-Sydney arrive 12 May, 2018
All accommodation in standard rooms in luxury hotels and
comfortable game lodges (twin share)
All sightseeing as specified in the brochure, viewable at
http://www.constellationjourneys.com.au/order-brochure
Travel Insurance (subject to meeting the requirements of the
insurer, noted in term 30)
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Tipping, Departure and Airline Taxes and Tour leaders
Full Itinerary viewable at
http://www.constellationjourneys.com.au/journeys
TOTAL PRIZE VALUED AT UP TO – AUD $59,000.00
26. The total prize pool is valued at up to $59,000.00 (including GST). The Promoter and its officers,
employees and agents accept no responsibility for change in prize value between now the
ultimate prize redemption date.
27. Any ancillary costs associated with redeeming the Prize are not included. These are the
responsibility of the winner.
28. A moderate level of fitness is expected of the winner and their travelling companion to
participate in the Prize.
29. Full terms and conditions of the travel itinerary can be found at
http://www.constellationjourneys.com.au/
30. Travel insurance is available for travellers. The cover provided by Constellation Journeys is
applicable to all paid passengers up to the age of eighty five (85). If you are over eighty five (85)
years of age, please contact MCA Insurance Brokers. Some of the circumstances in which no
benefits are payable at all include where loss results from self-inflicted injury, illegal acts, and
certain pre-existing conditions. See full details at http://www.constellationjourneys.com.au/ or
by emailing constellationjourneys@mcains.com
31. The Promoter supports the responsible consumption of alcohol and guidelines can be found at
http://www.alcohol.gov.au/internet/alcohol/publishing.nsf/Content/guidelines.
32. The Prize winner and their travelling companions are responsible for all other expenses
including visas, spending money (unless specified), meals (unless specified), drinks, transfers
(unless specified), laundry charges, activities (unless specified), incidentals, taxes (excluding
departure and any other flight associated taxes included within the prize), energy surcharges,
gratuities over and above those included in the prize, services charges and all other ancillary
costs.
33. All prizes are non-transferrable. No cash alternative is available for any prize. Prizes must be
taken as offered. Any prize, unused portion of any prize, or portion of the prize the winner is
not entitled to, are not exchangeable or cannot be redeemed as cash. Prizes cannot be used in
conjunction with any other special offer. Prize values are in Australian dollars. The Promoter
and its officers, employees and agents accept no responsibility for any variation in the Prize
values. Prize winners are advised that tax implications may arise from their prize winnings and
they should seek independent financial advice prior to acceptance of the Prize.
34. In acceptance of the Prize, the Winner acknowledges that they may incur ongoing costs
associated with the Prize which are the entire responsibility of the winner.
35. The Prize is based on two (2) people sharing a twin/double room. Specified accommodation,
restaurants and tours are subject to availability at the time of booking. Alternatives may be
offered dependent on availability.
The Living Room Constellation Journeys Trip of a Lifetime Competition 290917
36. If the Prize is unavailable, for whatever reason, the Promoter reserves the right to substitute
the Prize for a prize of equal or greater value, subject to any directions given under relevant
regulation.
37. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding
the Competition result.
38. It is a condition of accepting the Prize that the winner must comply with all the conditions of
use of the Prize and the Prize Provider’s requirements.
39. In the event that for any reason whatsoever a winner does not take an element of the Prize at
the time stipulated by the Promoter then that element of the Prize will be forfeited by the
winner and cash will not be awarded in lieu of that element of the Prize.
40. If the Prize winner does not meet the valid entry requirements, the Prize will be forfeited in full,
and the winner will have no further claim. A re-draw will be held to award the Prize to a valid
entrant.
41. Return economy airfares from winner’s capital city to Sydney for two (2) people included in the
Prize (as stated above) will only be supplied if the prize winner/s do not live in New South
Wales. If the winner is from New South Wales they will forfeit the flight component of the prize
and must make their own way to and from the departure airport.
42. No change to travel dates can be made. Once a booking is confirmed in writing, names of those
travelling are not changeable without incurring extra fees. The Promoter and its officers,
employees and agents do not accept responsibility for any fees incurred as a result of any
changes made and these costs will be borne by the winner and their companion/s.
43. The Prize winner and their travelling companion must travel at the same time, must depart
from the same capital city and are responsible for transport from their residence to their
nearest capital city for flight departure. It is the winner’s responsibility to organise transfers
and cover associated costs to and from the winner and their travelling companion’s residence
and nearest capital city.
44. The Prize winner, or their travelling companion, may be required to provide a credit card in
order to check-in at any hotel for a security deposit, and to cover any incidental charges.
45. The Promoter is not responsible for the cancellation, delay or rescheduling of any part of the
Prize and any costs incurred by the winner or any travelling companion(s) as a result (including
accommodation costs) will be the responsibility of the winner.
46. The Promoter and their associated agencies and companies or any organisation or individual
associated with the provision of the Prize(s) make no representation as to the safety conditions
or other issues that may exist at any destination. International travel advice can be obtained
from various sources, including government, local consular offices and the web site of the
Australian Department of Foreign Affairs and Trade, www.dfat.gov.au.
The Living Room Constellation Journeys Trip of a Lifetime Competition 290917
47. With effect from Friday 1 April 2016, all passengers travelling to the USA under the Visa Waiver
Program must hold a passport with an integrated chip. See here for list of countries under the
Visa Waiver Program http://www.immihelp.com/visa-waiver-program/.
48. Only travellers who are eligible to enter the USA are able to partake in the Prize. If the winner
is, for whatever reason, ineligible to enter the USA they forfeit the Prize.
49. It is the traveller’s personal responsibility to ensure they have valid documentation which meet
the requirements of immigration and other government authorities at every destination. Any
necessary visas, vaccinations, passports and any associated costs are the responsibility of the
winner and their travelling companion. Any fines, penalties, payments or expenditures incurred
as a result of such documents not meeting the requirements of those authorities will be the
sole responsibility of the traveller/s.
50. The winner, and their travelling companion/s, must be in possession of a valid 5 or 10 year
passport, and must have a minimum of 6 months remaining on their passport at the end of the
travel and eight (8) blank pages.
51. All components of the Prize must be fulfilled at the same time and they cannot be split across
different time periods. All elements of the package are subject to availability at the time of
booking. No changes to the itinerary may be made.
52. Prizes will be awarded to the person named in their contestant entry. Should an entrant’s
contact details change during the Competition Period it is the entrant’s responsibility to notify
the Promoter. A request to access or modify any information provided in an entry should be
directed to the Promoter.
53. It is a condition of accepting the Prize the winner may be required to sign a legal release in a
form determined by the Promoter in its absolute discretion.
54. By accepting the Prize, the winner agrees to participate in and co-operate as required with all
reasonable media editorial requests relating to the prize, including but not limited to, being
interviewed and photographed, filmed and/or chaperoned throughout the duration of the
Prize.
55. WTFN Entertainment Pty Ltd (producers of The Living Room) (“the Producers”) may wish to film
the winner and their associates receiving their prize or participating in the winner
announcement. The entrant gives permission for the filmed vision to be used by the Producer
on-air during the broadcast of The Living Room in any and all media. The winner/s may need to
make themselves available for filming at a date nominated by the Producer, with details to be
determined in conjunction with the Producer.
56. If for any reason this Competition is not capable of running as planned, including due to
infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical
failures or any causes beyond the control of the Promoter, its officers, employees or agents,
which corrupt or affect the administration, security, fairness or integrity or proper conduct of
this Competition, the Promoter reserves the right in its sole discretion to disqualify any
individual who tampers with the entry process, take any action that may be available, and to
cancel, terminate, modify or suspend the Competition, subject to government legislation.
The Living Room Constellation Journeys Trip of a Lifetime Competition 290917
57. If your entry is selected as a winning entry, validation of your circumstances, the validity of your
entry will be undertaken by the Promoter. Method of validation (without limitation) will be
determined by the Promoter at its complete discretion. If the winning entry is deemed to be a
winner, the winner will be notified as per the terms and conditions herein. In the event that the
Promoter requests the entrant to sign any legal documents relating to the verification of their
medical circumstance, the legal documents will take the form determined by the Promoter. It is
a condition of accepting the Prize that the winner and their companion signs any such legal
documentation.
58. 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 State and Territories of Australia (“Non-Excludable Guarantees”). Except
for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the
Promoter, the Prize Provider and the Producer and their officers, employees and agents exclude
all liability (including negligence), for any personal injury; or loss or damage (including loss of
opportunity); whether direct, indirect, special or consequential, arising in any way out of the
Competition and: (a) any technical difficulties or equipment malfunction (whether or not under
the control of the Promoter, its officers, employees or agents); (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, the Prize Provider and the Producer and their officers,
employees or agents; (d) any variation in the 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.
59. If this Competition 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, its
officers, employees or agents, the Promoter reserves the right, in its sole discretion, to the
fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written
directions from a regulatory authority, to modify, suspend, terminate or cancel the
Competition, as appropriate, subject to government legislation.
60. Subject only to terms 62, 63 and 64, you acknowledge and agree that the Administrators have
caused the Promoter to promote this Competition on the basis of these terms and conditions in
their capacity as voluntary administrators and therefore agents of the Promoter, and the
Administrators are not personally entering into, adopting or assuming any personal liability in
relation to these terms and conditions.
61. The Administrators will be personally liable in relation to these terms and conditions to the
extent provided for in section 443A of the Corporations Act insofar as they are incurring a debt
or debts for services rendered, goods supplied or property hired, leased, used or occupied.
62. If the Administrators have any personal liability in relation to these terms and conditions, then
subject to term 64
(a) the Administrators will not be personally liable in relation to these terms and conditions to
the extent that such liability exceeds their right of indemnity out of the assets of the Promoter
pursuant to the Corporations Act, at law or in equity or otherwise; and
(b) you release the Administrators in respect of any shortfall between any personal liability in
relation to these terms and conditions and the extent of their indemnity out of the assets of the
The Living Room Constellation Journeys Trip of a Lifetime Competition 290917
Promoter, and agree not to seek to recover any such shortfall from the Administrators
personally.
63. Any liability of the Administrators in relation to these terms and conditions arising from their
own wilful misconduct, wilful default or fraud is not waived, released or limited by terms 63-72.
64. The Receivers were appointed as joint and several receivers and managers of various assets of
the Promoter on 30 June 2017. The Administrators have an arrangement with the Receivers
under which the Administrators will continue to manage the day-to-day business of the
Promoter. You acknowledge and agrees that the Receivers act in their capacity as receivers and
managers and therefore agents of the Promoter, and are not personally adopting these terms
and conditions and, to the extent permitted by law, do not assume any personal liability
pursuant to them.
65. If the Receivers have any personal liability in relation to these terms and conditions, then
subject to term 68:
(a) the Receivers will not be personally liable in relation to these terms and conditions to the
extent that such liability exceeds their right of indemnity out of the assets of the Promoter
pursuant to the Corporations Act, at law or in equity or otherwise; and
(b) you release the Receivers in respect of any shortfall between any personal liability in relation
to these terms and conditions and the extent of their indemnity out of the assets of the
Promoter, and agree not to seek to recover any such shortfall from the Receivers personally.
66. Any liability of the Receivers in relation to these terms and conditions arising from their own
wilful misconduct, wilful default or fraud is not waived, released or limited by terms 61-70
67. Neither the Administrators nor the Receivers nor any of their partners, directors, officers,
employees, agents, attorneys, related bodies corporate (as defined in sections 9 and 50 of the
Corporations Act) or successors is personally responsible to you for, or will be personally liable
(whether in negligence or on any other ground whatever) in respect of:
(a) to the extent permitted by law or an order of a court, any failure by the Promoter to perform
its obligations under these terms and conditions; or
(b) the accuracy or validity of any representation, warranty or undertaking provided by the
Promoter in relation to or in connection with these terms and conditions; or
(c) any action taken or omitted to be taken by the Promoter under these terms and conditions
except in the case of its own wilful misconduct or gross negligence.
68. The Promoter holds the benefit of terms 61-70 for the Administrators and the Receivers. You
agree with the Promoter that, if required by the Promoter to do so, you will execute a deed poll
in favour of the Administrators and the Receivers on, or consent to orders being made by a court
in, substantially the same terms as terms 61-70
69. Notwithstanding any other term of these terms and conditions, terms 61-70 will be paramount
and the liability of the Administrators and the Receivers will be limited by these terms.
70. While participating in this competition, you may choose to give your express consent to be
contacted by the Prize Provider. In such a case, the Prize Provider handling your personal
information (e.g. first name, last name, address, suburb, state, postcode, phone number, email
address, gender, date of birth) may only use your information in accordance with their Privacy
Policy which can be accessed at http://www.constellationjourneys.com.au/privacy-statement .
The Living Room Constellation Journeys Trip of a Lifetime Competition 290917
The Prize Provider’s Privacy Policy may be updated from time to time and it will be the entrant’s
responsibility to keep up to date with any changes to the Privacy Policy. The entrant may at any
time, opt out of receiving contact from the Prize Provider by sending an email at
www.constellationjourneys.com.au/contact-us.
71. You consent to The Promoter collecting your personal information for the purpose of
conducting and promoting this Competition (including but not limited to determining and
notifying the winner and prize fulfilment). Your personal information may be disclosed to a
third party as a result of entering this Competition, including but not limited to Ansible Pty Ltd,
the Producer, and MultiChannel Network Pty Ltd. Your personal information may be disclosed
to State and Territory lottery departments and winners’ names published as required under the
relevant lottery legislation. For purposes of public statements and advertisements the
Promoter will only publish the winner’s surname, initial and State. A request to access, update
or correct any information should be directed to the Promoter. If you are not willing for this to
occur you cannot participate in the Competition.
72. The Promoter is bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth)
and by entering the Competition, you (the entrant) are taken to consent to the privacy policy of
the Promoter which contains information, amongst other things, about how you may access
personal information that is held by the Promoter about you and seek correction of such
information. See www.tenplay.com.au/privacypolicy to view in full the Privacy Policy of the
Promoter. The Promoter’s Privacy Policy also contains information about how you may
complain about a breach of the APPs, or a registered code that is binding on our organisation
and how the Promoter will deal with such complaints. The Promoter may disclose your personal
information to related entities and third party service providers outside Australia.
73. The Promoter is Network Ten Pty Limited (Administrators Appointed) (Receivers and Managers
Appointed) (ABN: 91 052 515 250) of 1 Saunders Street, Pyrmont NSW 2009.
74. The Prize Provider is Arch Fire Pty Ltd (ABN 62 613 558 919) trading as Constellation Journeys of
832 High Street, Kew East, VIC 3102.
75. Permit Approvals: ACT: TP 17/01934, NSW: LTPS/17/18122, SA: T17/1829
76. Definitions
Administrators means Mark Korda, Jarrod Villani and Jennifer Nettleton of KordaMentha, Level
5, Chifley Tower, 2 Chifley Square, Sydney NSW 2000 as joint and several voluntary
administrators of TEN, and includes any person who replaces any of the Administrators, and the
agents, partners and employees of the Administrators.
Chapter 5 Body Corporate has the meaning given to that term in the Corporations Act.
Corporations Act means the Corporations Act 2001 (Cth).
Receivers means Christopher Hill, Phillip Carter and David McEvoy of PPB Advisory, Level 7, 8
Chifley, 8-12 Chifley Square, Sydney NSW 2000 as joint and several receivers and managers
appointed to various assets of TEN and includes any person who replaces any of the Receivers,
and the agents, partners and employees of the Receivers.