Network Ten – The Project Falls Creek – Win a prize package to Fall’s Creek Village for up to 12 people valued at $26,000 (Victoria only)
The Project Falls Creek Competition Terms and Conditions
1. Information on how to enter forms part of the terms of entry. Entry into the ‘The Project Falls Creek Competition’ (the “Competition”) is deemed acceptance of these Terms and Conditions.
Eligibility to Enter
2. Entry is open to all residents of Victoria, Australia, aged 18 years and over, however, employees and the immediate families of Network Ten Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) (the “Promoter”) 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 Victoria, Australia at the time of entry, or their entry may be deemed invalid.
3. The Competition commences on Sunday 27 August 2017 at 18:30 AEST and closes on Saturday
2 September 2017 at 23:59 AEST (the “Competition Period”).
4. The Competition will be advertised on, but not limited to, Network TEN and
How to Enter
5. To participate in the Competition entrants must:
a. Watch the Victorian broadcast of the program The Project for the code word as
advertised in the commercial breaks on Network TEN (Victoria only);
b. Log on to tenplay.com.au and register their details including (but not limited to) name, address, phone number, email address, gender and date of birth, to become a tenplay
c. Enter the code word; and
d. answer the question on the Competition entry page in 25 words or less.
6. Code words will be announced during the Victorian broadcast of The Project on Network TEN, currently scheduled to air Sunday – Friday at 18:30 local time, from Sunday 27 August 2017 to Friday 1 September, 2017 inclusive. Each code word is valid until the next code word is announced. The last code word, announced on Friday 1 September 2017 will be valid until the Competition closes on Saturday 2 September 2017 at 23:59 AEST. There is no obligation or guarantee that the code word will be advertised in The Project on the WIN or SCA Networks. Code words may be supplied on tenplay once the episodes as specified above have aired at the Network’s discretion.
7. If for any reason during the Competition Period any The Project episodes do not go to air, the promotional code word is not displayed during any The Project episode, or any The Project prime time episode is rescheduled, the promotional code word may be made available on tenplay or on the Channel Ten Facebook page at https://www.facebook.com/channelten or on the Competition entry page at a time to be determined by the Promoter, in its sole discretion.
8. Entries will only be considered valid if the correct code word has been provided for the corresponding broadcast period. Any entry submitted with a code word that has expired, due to a new code word being announced, will be deemed invalid.
9. Incomprehensible and incomplete entries will be deemed invalid.
10. A limit of one online entry per day applies.
11. Entrants who have won a major prize in any Network Ten competition in the past 12 months are not eligible to win a prize in this Competition.
12. Entries must be received by Saturday 2 September 2017 at 23:59 AEST to be included in the Prize Judging. Each valid entry received over the duration of the Competition Period will be entered into the Prize Judging.
13. 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.
14. 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.
15. 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.
16. In consideration of the Promoter awarding the Major Prize to the winner (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.
17. Judging from all entries received throughout the Competition Period to determine one (1) Winner will take place by a judging panel at Network TEN at 1 Saunders Street, Pyrmont NSW 2009fromMonday4September2017from10:00AEST. TheWinnerwillbetheEntrantwho, in the sole opinion of the judges, has submitted the correct code word along with the most creative and original 25 words or less answer to the question on the Competition entry page. The Winner will be notified by phone call within two (2) days of judging and in writing and the Winner’s details will be published on the tenplay website at tenplay.com.au from Thursday 7 September 2017.
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18. An entry that is made on behalf of an entrant by a third party will be invalid.
19. All reasonable attempts will be made to contact the Winner. If the Prize remains unclaimed by the Winner or unallocated or forfeited for any reason by Thursday 07 September 2017 at 09:00 AEST, the Prize will be re-allocated to the entrant that has submitted the entry which best meets the judging criteria, excluding the entrant that has failed to claim the prize. This Unclaimed Prize Determination will take place at Network TEN at 1 Saunders Street, Pyrmont, NSW 2009 on Thursday 07 September 2017 from 10:00 AEST. The Winner of the Unclaimed Prize Determination will be notified by telephone and in writing within 2 days of the Unclaimed Prize Determination and will be published on the tenplay website at tenplay.com.au from Monday 11 September 2017.
20. There will be One (1) Major Prize Winner drawn from all entries received (Online) who will win the following prize package:
Up To AUD Value
1 x Major Prize
• Seven (7) nights’ accommodation at Fall’s Creek Village in a four (4) bedroom, three (3) bathroom property that sleeps up to twelve (12) guests
• Seven (7) days lift passes at Fall’s Creek snow fields for up to twelve (12) guests
• Seven (7) days rental of skis, boots & poles or snowboard & boots only (no other clothing included) for up to twelve (12) guests
• Seven (7) days of group morning ski lessons for up to adults
• Seven (7) days of half day children’s (3-17 years old) programs
• Accommodation Transfers for up to twelve (12) people from the parking area to their accommodation in the Village
• Resort Entry for seven (7) nights for up to three (3) vehicles
NB: The Major prize must be taken from TUESDAY 19
SEPTEMBER 2017 – TUESDAY 26 SEPTEMBER 2017
The Major prize excludes flights and transfers.
TOTAL PRIZE VALUE UP TO – AUD
21. The total Prize Pool is valued at $26,000.00 (including GST). The Promoter and its officers, employees and agents accept no responsibility for a change in prize value between now the ultimate Major Prize redemption date.
22. Flights to Falls Creek, Victoria, are not included and the Winner and their travelling companions must make their own way to the resort. Any ancillary costs associated with redeeming the prizes are not included. These are the responsibility of the Winner.
23. The Winner and their travelling companion/s are responsible for all other expenses including travelling to and from the resort, spending money (unless specified), meals (unless specified), drinks, transfers (unless specified), laundry charges, activities (unless specified), incidentals,
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taxes, energy surcharges, gratuities, services charges and all other ancillary costs. Travel insurance is not included (unless specified in the prize inclusions) but is highly recommended.
24. Children under the age of 17 years’ age are permitted, however ski equipment is not guaranteed in their size and lessons are dependent upon the availability at time of redemption.
25. Guests with a pre-existing medical condition are not advised to partake in physical activities that may come as a part of the prize package. The Promoter nor Falls Creek will be at fault or held liable for any injury that may occur by partaking in an activity awarded as a part of the prize.
26. 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 their prize.
27. 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.
28. The Major Prize must be taken from TUESDAY 19 SEPTEMBER 2017 – TUESDAY 26 SEPTEMBER 2017. Specified accommodation and activities are subject to availability at the time of redemption. Alternatives may be offered dependent on availability. If the Winner and their travelling companion/s cannot redeem the prize during the specified period, they will forfeit their prize and no cash alternative will be offered.
29. 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 State Regulation.
30. The Promoter and its officers, employees and agents are neither responsible nor liable for any damaged, delayed or lost in transit in the delivery of the prizes.
31. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the Competition result.
32. 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 supplier’s requirements.
33. In the event that for any reason whatsoever the Winner or their travelling companion/s do 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.
34. Personal information about all prize winners will be shared with the prize provider, and their agents, to the extent necessary for prizes to be delivered to the prize winners.
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35. If the Winner does not provide proof of meeting the age restriction and other valid entry requirements, the Major Prize will be forfeited in full, and the Winner will have no further claim. A re-draw will be held to award the Major Prize to a valid entrant.
36. There are no flights or transfers included in this prize. The Winner and their travelling companion/s must make their own way to and from Falls Creek Resort to redeem their prize and cover all associated costs.
37. Once the Winner has accepted their prize 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.
38. The Winner, or their travelling companion/s, may be required to provide a credit card in order to check-in at the accommodation for a security deposit, and to cover any incidental charges.
39. All components of the Major 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.
40. When at Falls Creek, what lifts are open, closed or on standby is decided by Ski Patrol. The number of open lifts will vary daily based on snow and weather conditions. If weather conditions affect the redemption of any portion of the prize, no cash alternative will be offered and the affected portion of the prize cannot be saved for a later date.
41. Falls Creek has free village shuttles that will transport guests to and from designated areas (stops). Please see here for map: http://www.fallscreek.com.au/villageshuttle/
42. If the Winner and their travelling companion/s are bringing their personal vehicles, all cars need to be parked in the Bogong High Plains Rd parking lot. Vehicles staying overnight (or for a number of days) must be parked in specified overnight parking areas. Visitors must drive to the Accommodation Transfer Terminal and look for signage indicating “Overnight Parking Here”. Once vehicles are at the overnight parking waiting point, a member of staff will direct them to an available overnight car park. Self-parking is not permitted. For arrivals outside of normal operation, vehicles may be parked in the After-Hours parking areas below the Accommodation Transfer Terminal and above the CFA Station. This area is lit and signed. Visitors must return to their vehicle by 10:30am to move to an appropriate parking area per the above. For more information, please go to: http://www.fallscreek.com.au/carparking
43. 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.
44. 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.
45. Should the Winner not meet any of the criteria stated in these Terms and Conditions to be a valid Winner they will forfeit all rights to the Major Prize, and a redraw will take place to reallocate the Major Prize to a valid Winner.
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46. 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.
47. 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.
48. If your entry is selected as a winning entry, validation of your circumstances and your entry will be undertaken by the Promoter. The 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 the Winner signs any such legal documentation.
49. 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 and its 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, its officers, employees or agents; (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.
50. 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.
51. All entries become the property of the Promoter. The Promoter collects personal information about you to enable you to participate in this Competition but no further use of this information will be made without prior consent.
52. The Promoter and its officers, employees and agents shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for
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any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter and its officers, employees and agents are not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this Competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this Competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
53. Subject only to terms 55, 56 and 57, 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.
54. 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.
55. If the Administrators have any personal liability in relation to these Terms and Conditions, then subject to term 57:
(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 Promoter, and agree not to seek to recover any such shortfall from the Administrators personally.
56. 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 54-63.
57. 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.
58. If the Receivers have any personal liability in relation to these Terms and Conditions, then subject to term 60:
(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.
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59. 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 54-63.
60. 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.
61. The Promoter holds the benefit of terms 54-63 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 54-63.
62. Notwithstanding any other term of these Terms and Conditions, terms 54-63 will be paramount and the liability of the Administrators and the Receivers will be limited by these terms.
63. 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. 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.
65. 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.
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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.