National Geographic – Win 1 of 4 double passes to see Mountain National Tour
TERMS AND CONDITIONS OF ENTRY TO THE “Win 2 x Tickets to the Musical Odyssey – Mountain!” PROMOTION
1. THESE TERMS AND CONDITIONS APPLY TO ALL INFORMATION COLLECTED BY FOX NETWORKS GROUP AUSTRALIA PTY LTD (ABN 70 149 464 531) AND NGC NETWORK (AUSTRALIA) PTY LTD (ABN 67 077 753 603) of Level 3, 4-16 Yurong St, East Sydney NSW 2010 Australia (THE PROMOTERS) AND THIER RELATED COMPANIES AS A DATA CONTROLLER AND AS A CO-OWNER OF INFORMATION WHERE THE PROMOTERS OPERATES PROMOTIONS FOR ITS CLIENTS AND OTHER PARTNERS.
2. By entering the “Win 2 x Tickets to the Musical Odyssey – Mountain!” chance-based promotion (the Promotion):
a. You acknowledge that you have read and understood these terms and conditions of entry (the Terms) which include information on how to enter, how the winner will be determined, the prizes, and how personal data will be collected, retained, used and shared;
b. You expressly agree to be bound by the Terms, including in particular those relating to the collection, retention, use and sharing of personal data; and
c. You confirm that you do not breach any law in your country of residence regarding the legality of entering the Promotion.
3. To the extent of any inconsistency between these Terms and any other reference to the Promotion, these Terms shall prevail.
4. The Promoters will not be responsible for any entrant entering the Promotion unlawfully or otherwise in breach of local law. You are advised to check or seek advice on your local law before entering the Promotion.
5. The Promoters reserve the right, in their sole and absolute discretion, but subject to State and Territory legislation, to:
a. amend or vary any of the Terms. If the Promoters amend or vary any Term relating to the collection, retention, use and/or sharing of personal data that has already been collected, such amendments and/or variations will be posted on our website at www.nationalgeographic.com.au/win where you will be given the opportunity to opt-out of the new use(s) of such data; and
b. terminate or disqualify any entrant’s entry for the Promotion or reclaim any Prize(s) at any time if it is the opinion of the Promoters that there has been a breach of any of the Terms by such entrant (whether discovered during or after the end of the Promotion).
Entry to the Promotion
6. Entry to the Promotion is open to all residents of Australia who are:
a. aged 18 years and above on the date of entry
b. Winners must be based in the location of each event. 2 winners will be drawn from each of the following cities (incorporating surrounding suburbs): Sydney NSW, and Melbourne, VIC.
7. Notwithstanding the above, where your entry in the Promotion is prohibited or restricted by law or otherwise in your place of residence, it shall be completely void.
8. You may enter the Promotion as many times as you like but only one prize per category will be awarded per household. Each entry must be submitted separately and in accordance with the entry requirements.
9. Employees and their immediate families of the Promoters and any related companies, individuals, sponsors and/or advertising agencies may not enter the Promotion. “Immediate family” means any of the following: spouse, ex-spouse, defacto 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.
10. The Promotion is open from [16 June 2017 at 02:00 AEST] (the Commencement Date) to 07.00 AEST on [14 July 2017] (the Promotion Period).
11. Any entry submitted after the close of the Promotion Period shall be void.
12. To participate, all entrants are required to complete an entry form through an original submission at nationalgeographic.com.au/win
13. Entrants must provide all requested contact details, including a valid email or postal address (as requested), to be eligible to win. Entrants may only enter in their own name. Inaudible, incomprehensible, illegible, and incomplete entries will be deemed invalid.
Draw and Publish Dates
14. The Promotion will be drawn on 14 July 2017 at the premises of Permitz Group Pty Ltd, Level 2, 6 Bridge Street NSW 2000 at 11:00 AEST. The Promoters will ensure that all entries have an equal chance of winning a prize.
15. The winner(s) will be published at http://www.nationalgeographic.com.au/win/ for a period of 28 days starting within 7 days after the draw. The winner(s) will also be notified by either email or mail (as determined by the address provided by the entrant) within 28 days after the draw.
16. Prizes, or instructions relating to the redemption of prizes (such as travel) will be sent within 28 days of each draw (provided that the winner has confirmed receipt of notification that they are the winner).
17. Upon being drawn as a prize winner, should the Promoters request confirmation of prize delivery and contact details from the drawn winner, the Promoters reserves the right to withhold prize(s) until confirmation is received.
18. The Promoters may conduct such further draw one day after the original draw (on 14 September 2017 at 11am AEST at the premises of Permitz Group Pty Ltd, Suite 9, 18 Karalta Road Erina NSW 2250) (the Unclaimed Prize Draw Date) in order to distribute any prizes unclaimed by this date, subject to State and Territory legislation. Winners of any further draws will be published and notified as set out in (15) above.
The prizes in the Promotion are:
19. Prizes includes 2 x Double pass (up to two people each) to see Mountain National Tour at the following location: Sydney Opera House, Bennelong Point, Sydney NSW 2000 – Sunday, 20 August, at 2pm. The prize is valued at a maximum of $612.00 (including GST.) And, 2 x Double pass (up to two people each) to see Mountain National Tour at the following location: Arts Centre Melbourne Hamer Hall, 100 St Kilda Rd, Melbourne VIC 3004 – Monday, 7 August, 7.30pm. The prize is valued at a maximum of $612.00 (including GST.)
20. THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $1,224.00
21. Subject to State and Territory legislation, the Prizes are subject to variation at the discretion of the Promoters and the Promoters may substitute a prize of equal or greater value (subject in any event to each individual Prize in this Promotion being valued at AU$1,000 or less and the total value of the prizes in this Promotion not exceeding AU$5,000). Any change will be final and binding upon every entrant in the Promotion.
22. The Prize(s) for the Promotion will be given to the winner(s) as set out in the Terms. The winner(s) must accept their Prize(s) in that form. Prizes are non-negotiable, non-transferable, non-refundable and not exchangeable for cash credit or kind, either in part or in full except at the sole and absolute discretion of the Promoters. The Prize(s) cannot be sold or bartered. There is no refund for any partially used Prize(s).
23. The Promoters shall not be liable in any way for any failure or breach by any party in connection with the Promotion and/or Prize(s) and accepts no responsibility for any loss suffered by an entrant arising from the Promotion or Prize(s).
24. In all cases the Promoters will not be held liable if any Prize(s) does not reach the winner for reasons beyond the Promoters’ control.
25. The Prize(s) are subject to:
a. any rules and regulations pertaining to the claiming of prizes in the country where each winner is a resident;
b. the terms and conditions of any third party supplier of the Prize(s); and
26. The winners are liable for any expenses not specified on the description of the Prize(s). The winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.
27. The Promoters reserve the right to request a winner sign a winner’s deed of release or any other relevant forms or agreements that the Promoters deems necessary, including but not limited to providing proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoters. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
28. The Promoters reserve the right to conduct a redraw in the event that an entrant, claiming to be a winner, is unable to satisfy these Terms or has breached these Terms.
29. Records will be kept of all Prizes and winners under the blanket permit authorising this Promotion.
30. The Promoters’ decisions as to any matter relating to the Promotion, including but not limited to any entry eligibility, the winning entry(ies) and the winner(s), will be final and binding, but is subject to State and Territory legislation. No correspondence will be entered into about the Promotion or the Promoters’ decisions.
31. Any winner(s) of the Promotion may, at no cost to the Promoters, be requested to participate in public relations events tied to any campaign of which the Promotion forms a part, to generate press coverage of the Promotion and/or that campaign. This may include, but not be limited to, quotes given for inclusion in press releases and press conferences, interviews, photographic shoots, etc.
32. By participating in the Promotion, the entrants:
a. agree to the use of their name and/or likeness, without compensation, by the Promoters and/or any party authorized by the Promoters; and
b. grant the Promoters and any party authorized by the Promoters an irrevocable, worldwide, perpetual, royalty-free right and licence to use any material submitted as a part of their entry into the Promotion (the Works) in any manner, for any purpose the Promoters may see fit, in all forms of media now known or hereafter invented;
c. to the fullest extent permitted by law, waive any moral rights or similar rights they may have in the Works or any part thereof throughout the world; and
d. undertake not to object to any use of the Works by the Promoters or any party authorized by the Promoters.
33. Your entry into the Promotion requires you to provide certain personal information (including, but not limited to, your name, email address and/or telephone number) (Data). If you do not provide your Data, your entry into the Promotion will be invalid and you will not be able to participate in the Promotion.
34. BY ENTERING THE PROMOTION, YOU EXPRESSLY AGREE TO THE PROMOTERSS’ DATA POLICY, WHICH IS AVAILABLE AT THE FOLLOWING WEBSITES:
35. By entering the Promotion, you also acknowledge and agree that the Promoters will disclose personal information collected to Permitz Group Pty Ltd for the sole purpose of conducting the Promotion draws. A copy of Permitz Group’s Privacy Statement is available at http://www.permitzgroup.com.au/privacy. The Promoters may also disclosure personal information to regulatory authorities including regulators of trade promotion lotteries.
Indemnity / Liability
36. Entrants shall indemnify the Promoters, their agents, employees, representatives, associates, affiliates, parent and subsidiary companies against any and all claims, losses, costs, damages, liability and/or expenses arising out of the entrant’s breach of any of the Terms.
37. Each entrant, by entering the Promotion, expressly releases the Promoters from any claim, action or demand arising out of or in connection with the Promotion or their Prize(s), if any. In particular, each entrant acknowledges that elements of the Prize(s) may be provided by third parties over whom the Promoters have no control, and acknowledges that the Promoters have no responsibility or liability for any costs, losses or damages resulting from any factors beyond the reasonable control of the either or both of the Promoters.
38. Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), 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”).
39. Except for any liability that cannot by law be excluded (including the Non-Excludable Guarantees), the Promoters (including their officers, employees and agents) together and indecently exclude 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 or in relation to the Promotion.
40. Except for any liability that cannot by law be excluded (including the Non-Excludable Guarantees, the Promoters (including their officers, employees and agents) are not responsible for and exclude 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 or in relation to the Promotion, including but not limited to:
(a) any technical difficulties or equipment malfunction (whether or not under the Promoters’ 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 Promoters) due to any reason beyond the reasonable control of the Promoters;
(d) any variation in prize value to that stated in these Terms;
(e) any tax liability incurred by a winner or Entrant; or
(f) use of a prize.
41. The Promoters shall not assume any responsibility for incorrect or inaccurate capture of entrants’ information. This will include but is not limited to technical malfunctions, human or technical error, seeding or printing errors, lost/delayed/garbled data or transmissions, omission, interruption, deletion, defect or failures of: any telephone or computer line or network, computer equipment, software or any combination thereof.
42. If, for any reason, the Promotion is not capable of running as planned, including but not limited to the reasons of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Promoters which corrupts or affects the administration security, fairness, integrity or proper conduct of the Promotion, the Promoters in their sole discretion (subject to State and Territory legislation) reserve the right to disqualify any individual who tampers with the entry process, to cancel, terminate, modify or suspend, or to continue the Promotion.
43. Any provision of the Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of that prohibition or unenforceability. That does not affect the validity or enforceability of that provision in any other jurisdiction nor invalidate the remaining provisions of the Terms.
44. Competition permits: NSW Permit No. LTPM/16/00691. ACT Permi