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1. The following definitions apply to these Terms and Conditions:
a) “Closing Date” means at 10:00hrs on Tuesday 30 April, 2019.
b) “Commencement Date” means at 12:00hrs on Wednesday 17 April, 2019.
c) “Determination Date” means at 11:00hrs on Tuesday 30 April, 2019.
d) “Entrant” means a person who enters the Promotion.
e) “Major Prize” means the major prize offered in the Promotion.
f) “Major Prize Winner” means the Entrant who wins the Major Prize.
g) “Prize” means a prize offered in the Promotion.
h) “Prizes” means all of the prizes offered in the Promotion and includes the Major Prize
and the Runner-Up Prize.
i) “Program” means the recording of Studio MAX – Jimmy Barnes on Wednesday 8
May, 2019 taking place at Foxtel Management, 5 Thomas Holt Drive, North Ryde,
NSW 2113.
j) “Promoter” means Foxtel Management Pty Ltd ABN 65 068 671 938, of 5 Thomas
Holt Drive, North Ryde, NSW 2113.
k) “Promotion” means this competition.
l) “Promotion Period” means the period between the Commencement Date and the
Closing Date.
m) “Relevant Parties” means the Promoter and the agencies and companies that are
associated with the Promoter or the Promotion.
n) “Runner-Up Prize” means the runner-up prizes offered in the Promotion.
o) “Runner-Up Prize Winner” means the Entrant who wins the Runner-Up Prize.
p) “Supplier” means the supplier of the Prizes.
q) “Website” means the MAX website, located at www.maxtv.com.au
r) “Winner” means an Entrant who wins a Prize, including in the Unclaimed Prize
Determination and including the Major Prize Winner and the Runner-Up Prize
s) “Unclaimed Prize Determination” has the meaning set out in clause 26.
t) “Unclaimed Prize Determination Date” means Monday 6 May, 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.
3. The Promotion is conducted by the Promoter.
4. The Promotion is a game of skill, and chance plays no part in determining the Winners.
5. 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 a Prize if they are a Winner.
6. All entry instructions and prize information published by the Promoter form part of these
Terms and Conditions.
7. This Promotion will be advertised on the Website, sponsored Facebook posts and on
the Foxtel platform on channel MAX.
8. An Entrant is eligible to win a Prize if they are a permanent resident of Australia; and;
a) are over the age of 18; and
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b) are not employees of:
i. the Promoter or the Supplier;
ii. any corporations or agencies related to the entities in paragraphs i.
and ii. above; or
iii. any of the Relevant Parties; or
c) 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 b) above.
9. Entry to the Promotion commences on the Commencement Date and closes on
the Closing Date.
10. To enter the Promotion, an Entrant must, during the Promotion Period:
a) go to the Website; and
b) click on the Competition 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 Barnesy song is the
greatest of all time, and why?” (“the Entry Question”).
11. An Entrant’s entry must not be:
a) late;
b) delayed;
c) incomplete;
d) incomprehensible;
e) unlawful or capable of violating any law or giving rise to a civil action;
f) obscene;
g) defamatory or libellous;
h) threatening or harassing;
i) pornographic or contain nudity;
j) hateful;
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
criminal offence;
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.
12. Entrants may enter the Promotion multiple times over the Promotion Period,
provided that each answer to the Entry Question is unique
13. Only one (1) Prize will be awarded per person/household over the entire
Promotion Period
14. 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.
15. Entry via the Website is free. However, any costs associated with accessing the
Website are the responsibility of the person seeking access and are dependent on
the internet service provider used.
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16. Entrants must make their Website entries manually using an internet browser. 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.
17. Should an Entrant’s contact details change at any time between the date on which
they enter the Promotion and the Unclaimed Prize Determination Date, that Entrant
must notify the Promoter of their correct contact details immediately.
18. All entries to the Promotion may be subject to verification by the Promoter. An
Entrant must, within seven (7) days of being asked, at the Promoter’s cost, allow
the Promoter to inspect and copy any other documents the Promoter may request
establishing eligibility to enter the Promotion, including but not limited to evidence
of age, residence and/or identity.
19. The Promoter may decide in its sole discretion which documents are considered
suitable for establishing eligibility to enter or win. In the event that a Winner cannot
provide suitable proof of eligibility, that Winner will forfeit their Prize in whole and
no substitute or compensation will be offered.
20. Any entry that is made on behalf of an Entrant by a third party, or otherwise by
proxy, will be invalid.
21. The Promoter may, at its absolute discretion, declare any or all entries made by an
Entrant to be invalid if the Entrant:
a) fails to establish their entitlement to win the Promotion to the Promoter’s
satisfaction; or
b) fails to produce items as required by clause 18 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
22. There will be one (1) Major Prize Winner and fifteen (15) Runner-Up Prize Winners
determined from all entries received during the Promotion Period. Each Winner will
receive one (1) Prize.
23. The Winners will be determined on the Determination Date by the Promoter at 5
Thomas Holt Drive, North Ryde, NSW 2113. The Winners will be the Entrants who,
in the sole opinion of the judges, have most creatively answered the Entry
24. The Promoter’s decisions are final and no correspondence will be entered into.
25. The Winners will be notified by email in writing within two (2) days of the
Determination Date.
26. All reasonable attempts will be made to contact the Winners. Subject, where
relevant, to any directions given under the legislation regulating the Promotion, if a
Prize is:
a) not claimed by the Winner by 9:00hrs on the Unclaimed Prize
Determination Date; or
b) forfeited for any reason,
the Prize will be awarded to another Entrant in an unclaimed prize determination
(the “Unclaimed Prize Determination”), which will take place at 09:30hrs on the
Unclaimed Prize Determination Date and will be conducted by the Promoter at 5
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Thomas Holt Drive, North Ryde, NSW 2113. The Winner/s of the Unclaimed Prize
Determination will be notified by phone/email within two (2) days of the Unclaimed
Prize Determination Date.
27. The Major Prize consists of the following:
a) two (2) return economy flights for the Major Prize Winner and one (1)
guest to Sydney airport, NSW from the closest capital city to the Major
Prize Winners primary residence in Australia, valued at a maximum of
b) one (1) nights’ accommodation for the Major Prize Winner and one (1)
guest at a minimum 3 star hotel in Sydney, (selected at the Promoters
discretion) (“Hotel”), valued at a maximum of $300.00;
c) two (2) tickets for the Winner and one (1) Guest to attend the Program,
plus the opportunity for the Winner and their Guest to attend a meet and
greet with Jimmy Barnes at the Taping; valued at a maximum of $200.00;
d) return transfers between Sydney airport and the Hotel will be reimbursed
into the Major Prize Winner’s nominated bank account, (upon the Major
Prize Winner producing receipts to the Promoter) capped at the
maximum value of $200.00.
OF $1,700.00.
28. The Runner Up Prize consists of two (2) tickets for the Runner Up Prize Winner
and one (1) Guest to attend the Program, to be held on Wednesday 8 May, 2019
taking place at Foxtel Management; valued at a maximum of $200.00.
MAXIMUM OF $3,000.00.
29. All Prize values are correct as at 9 April, 2019 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 any Prize or any part of any 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, subject to the approval of the authorities that have
issued permits for the conduct of the Promotion. The Promoter accepts no other
liability or responsibility for any loss incurred by any Winner or any other party if
any Prize or any part of any Prize is unavailable for any reason.
31. Prizes cannot be refunded or exchanged and, except as expressly permitted by
these Terms and Conditions, cannot be taken as a monetary payment.
32. Prizes may be transferred at the Promoter’s sole discretion. In the event that the
Promoter exercises its discretion to allow a Winner to transfer a Prize, the transfer
will be on the condition that the transferee accepts all terms and conditions set out
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in these Terms and Conditions and the Promoter may require such acceptance in
writing at its absolute discretion.
33. 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.
34. Winners are advised that tax implications may arise from them winning a Prize and
they should seek independent financial advice prior to accepting a Prize.
35. Once a 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.
36. If the Determination Date or Unclaimed Prize Determination Date is a public
holiday, the determination will be conducted on the following business day.
37. Prizes cannot be used in conjunction with any other discounts or special offers.
38. Prizes will be awarded to the people named in the winning entries.
39. Prizes will be awarded to the Winners in the Promoter’s sole discretion.
40. Unless expressly stated, all costs and expenses associated with taking a Prize
become the responsibility of the Winners, including:
a) additional taxes (excluding departure and any other flight-associated
taxes, where flights are included in the Prize);
b) costs associated with inoculations, passports and/or visa applications;
c) transfers;
d) travel insurance;
e) spending money;
f) meals;
g) transport to/from an airport departure or return point;
h) any extra sightseeing or activities; and
i) all other incidental and ancillary costs incurred by the Winners and/or their
guest/s as a direct or indirect result of taking a Prize.
41. The Winners and their guest must ensure that they have valid documentation for
42. The Winners and their guest/s are responsible for any amendment fees issued by
airlines or suppliers once booking is confirmed and ticketed.
43. All aspects of each Prize must be taken together as a package. The Prizes must
be taken on Wednesday 8 May 2019. In the event that for any reason whatsoever
a Winner does not take a Prize or an element of a Prize at the time stipulated by
the Promoter, that Prize or that element of the Prize will be forfeited by that Winner.
44. The Prize 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
services. If the 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 will be refused entry.
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45. Airline tickets are available on the regular scheduled services of each airline and
are subject to seasonal embargoes. Flight itinerary may have to be adjusted
depending on the airlines’ departure city and their current flight schedule.
46. If the Major Prize Winner is a resident of NSW, they will forfeit the domestic flight
component of their Prize and no substitute prize will be offered.
47. Frequent Flyer points are not available for any of the flights included in the Prizes.
48. Airline tickets included in the Prizes cannot be used as part-payment of another
49. If a Winner and/or their guest/s determine that travel insurance is required, they will
be responsible for arranging and paying for such travel insurance.
50. A Winner and their guest/s must travel at the same time, including flights and
accommodation. A Winner and their guest/s must depart from and return to the
same capital city airport in Australia, being the capital city airport that is closest to
the Winners’ place of residence. A Winner and their guest/s are responsible for
transport to and from their residence to the Winners’ nearest capital city airport. .
51. The accommodation will be one (1) room to be shared by a Winner and their
52. A credit card imprint or cash deposit may be required from a Winner and/or their
guest/s at check-in to the hotel, for all incidental charges.
53. The Promoter makes no representation as to the safety conditions or any other
conditions that may exist at any destination.
54. Winner and their guest must be over 18
55. In consideration of the opportunity to appear in the Program and by participating
as an audience member the Winners and their guest/s agree that:
a) the Promoter may film and record the audience member in any media in
connection with the Program (a “Recording”) and may electronically store,
reproduce, perform, publish, communicate, adapt and exploit any such
Recording in connection with the Program;
b) the Promoter may use edit and reproduce and authorise the use, editing and
reproduction of the Recording;
c) the Promoter has the right to (and authorise others to) broadcast and otherwise
communicate to the public the Recording or any part of it in all media at all
times without restriction or limitation throughout the world (including all
promotional purposes);
d) the Promoter has the right to use the Winners and their guest/s name, likeness,
voice, biography or other information in the exploitation of the Recording as set
out above;
e) the Promoter may license, authorise or otherwise transfer the rights in the
Recording to others to do the same;
f) the opportunity to appear in the Program represents full and adequate
compensation for providing the performance and for all production, licensing,
broadcast and other use of the Recording. No fees, residuals or royalties will
be payable to the Winner and their guest for any such use; and
g) the Winners and their guest/s unconditionally and irrevocably consent to any
act or omission that would otherwise infringe any of their moral rights in the
Recording and waive all moral rights in the Recording that arise outside
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56. Unless expressly stated all other costs and expenses associated with taking a Prize
become the responsibility of the Winner and their guest/s.
57. The Promoter reserves the right to take any action necessary in its sole discretion
at any time, subject to any direction given under State permit regulations.
58. 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 Prizes, including:
h) any indirect, economic or consequential loss or loss of profits;
i) any loss arising from the negligence of a Relevant Party; and
j) any liability for personal injury or death.
59. 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.
60. 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
Promotion subject to any direction given under the relevant State/Territory permit
61. The Winners acknowledge that the Prizes may be subject to additional terms and
conditions imposed by third parties. The Winners must become acquainted with
any such additional terms and conditions prior to taking a Prize. The Promoter does
not accept any responsibility and is not liable for any additional conditions imposed
on the taking of the Prizes, or for the breach of those conditions by any person.
62. Except for any liability which cannot be excluded by law, the Promoter is not
responsible for:
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 Promotion; or
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.
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63. 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.
64. These Terms and Conditions are governed by the laws of New South Wales and
each of the relevant State authorities.
65. 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, subject to
the approval of the authorities that have issued permits for the conduct of the
Promotion. The Promoter will provide Entrants with notice of substantial
66. All entries become the property of the Promoter.
67. 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
notice.html) and the Foxtel Privacy Policy (at http://www.foxtel.com.au/about-