Pedestrian TV – Win 1 of 6 Jack Daniel’s Bundles Competition

Win 1 of 6 Jack Daniel’s Bundles Competition
Terms & Conditions
Schedule
Promotion Win 1 of 6 Jack Daniel’s Bundles Competition
Promoter Nine Entertainment Co. Pty Ltd ABN 59 122 205 065 of 1 Denison Street,
North Sydney, NSW 2060
Promotion
Sponsor
Jack Daniel’s
Promotional
Period
Start Date: 30 October 2020 at 12:00 pm AEDT
End Date: 30 November 2020 at 11:59 pm AEDT
Eligible entrants Permanent residents of Australia aged 18 years and over who are not
ineligible to enter the Promotion under clause 2 of the Terms and
Conditions (Entrants)
Entry Method 1. Visit Pedestrian.TV
2. Answer the following question in 25 words or less, “In 25 words or
less, tell us the Make It Count moment that you have always dreamed of
doing.
3. Fill in all the required data fields on the entry form.
Maximum
Entries
Only one (1) entry permitted per Entrant during the Promotional Period.
Winner
Determination
Game of Skill. Chance plays no part in determining the Winner.
Judging will take place by the Promoter at Level 1/66 Wentworth Ave,
Surry Hills 2020 NSW on 26/11/2020 at 12pm AEDT. The Winners will
be the three (3) Entrants who have most creatively answered the
promotional question. The Promoter reserves the right to select
additional reserve entries that it determines to be the next best, and
record them in order of merit, in case of an invalid entry or ineligible
Entrant.
Number of
Winners
6
Winner
Notification
The Winners will be notified by email.
Prize/s TOTAL of 6 winners. Each winner will receive a bundle to the value of
AUD$85.80 containing the following products:
1 x 700ml Jack Daniel’s Tennessee Whiskey
1 x 10 pack Jack Daniel’s & Cola’ RTD
Total Prize Pool AUD$514.80
Prize Supplier/s PEDESTRIAN.TV & Jack Daniel’s
Winner
Publication
N/A
Unclaimed
Prize Date
N/A
Unclaimed
Prize Winner
Notification
N/A
Unclaimed
Prize Winner
Publication
N/A
Special
Conditions
The final contents of the Prize will be determined by the Promoter in its
absolute discretion.
Terms and Conditions
Entry into the Promotion
1 The Schedule above and all other entry instructions and prize
information published by the Promoter form part of these Terms and
Conditions. Each Entrant agrees and acknowledges that they have read
these Terms and Conditions (and Schedule) and that entry into the
Promotion constitutes acceptance of these Terms and Conditions (and
Schedule). All capitalised terms used in these Terms and Conditions
have the meaning given in the Schedule, unless stated or as the context
otherwise provides.
2 Entry is not open to:
a) directors, management, employees, officers and contractors of:
i. the Promoter,
ii. the Promotion Sponsor,
iii. the Prize Supplier/s,
iv. any related bodies corporate of the
Promoter, the Promotion Sponsor and the
Prize Supplier/s, and
v. the agencies and companies associated with
the Promoter or the Promotion; and
b) a spouse, de facto spouse, partner, guardian, parent, child or sibling
(whether natural or by marriage or adoption) of any person set out in
clause 2a).
3 Entries must be received by the Promoter during the Promotional
Period. All entries are deemed to be received at the time of receipt by
the Promoter, not the time of transmission by the Entrant. Records of
the Promoter and its agencies are final and conclusive as to the time of
receipt.
4 Entrants may submit entries up to the Maximum Entries.
5 Entry into the Promotion via social media, promotional website or email
is free. However, any costs associated with accessing the relevant
social media platform, promotional website or email service are the
responsibility of each Entrant and dependent on the internet service
provider used.
6 All entries to the Promotion may be subject to verification by the
Promoter. Entrants must, within seven (7) days of being asked and at
the Promoter’s cost, allow the Promoter to inspect and copy any
documents that the Promoter may request establishing eligibility to enter
the Promotion, including but not limited to receipts, evidence of age,
residence and identity. The Promoter may decide in its sole discretion
which documents are considered suitable for establishing eligibility to
enter or win. If a Winner cannot provide suitable proof of eligibility to the
Promoter’s satisfaction, they forfeit their Prize in whole and no substitute
or compensation will be offered.
7 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 these Terms and Conditions 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
Conditions; or
e) has, in the opinion of the Promoter, engaged in conduct in entering the
Promotion which is fraudulent, misleading, deceptive or generally
damaging to the goodwill or reputation of the Promotion or Promoter.
Entry material
8 Entries must be submitted in accordance with the Entry Method and
must not be: incomplete; incomprehensible; unlawful or capable of
violating any law or giving rise to a civil action; obscene; defamatory or
libellous; threatening or harassing; pornographic or contain nudity;
hateful; offensive; incite or be capable of encouraging conduct that
would be considered a criminal offence; and in violation of the terms
and conditions of the relevant social media platform used to enter the
Promotion.
9 Entrants warrant that their entry is their own original work, it is not copied
in any manner from any other work, and it does not infringe the
copyright, moral rights, trade mark rights or any other rights of any third
party.
10 All entries immediately become and remain the property of the
Promoter. The Promoter reserves the right to use, reproduce, distribute,
prepare derivative works of and display the entry material (and authorise
others to do the same) for the purposes of conducting and promoting
the Promotion, awarding the Prize and advertising and marketing the
Promoter or the Promotion and/or future promotions on all media now
known or later devised, in perpetuity.
11 By entering the Promotion, Entrants consent to any use of their entry by
the Promoter which may otherwise infringe an Entrant’s moral rights in
the entry material, including (without limitation), exercising any of the
rights in the entry material without identifying the Entrant, and using the
entry material in any way that the Promoter sees fit, even if it results in
derogatory treatment of the entry material (as defined in the Copyright
Act1968 (Cth)).
12 Each Entrant warrants that:
a) they have the full power and capacity to grant the rights, warranties and
consents set out in these Terms and Conditions;
b) they will fully indemnify the Promoter against any loss or damage
suffered by the Promoter:
i. if any of the warranties given by the Entrant are false;
ii. as a result of any breach of clauses 8 and 9 of these Terms and
Conditions by the Entrant; and
c) they have express consent from each person appearing in the entry
material (or if a person appearing in the entry material is under the age
of 18 from that person’s parent or legal guardian) and the owner of any
private property (including any items, objects or real property) appearing
in the entry material.
Winners
13 The Number of Winners will be determined from all valid and eligible
entries received during the Promotional Period in accordance with the
Winner Determination. The Winner/s will receive the Prize/s.
14 The Winner/s will be notified in accordance with the Winner Notification.
15 All reasonable attempts will be made to contact the Winner/s. If a Prize
is
forfeited for any reason, that Prize will be awarded to the next best entry.
General prize terms
16 All Prize values are correct and based on the recommended retail value
at the Start Date of the Promotion.
17 If a Prize or any part of a Prize is unavailable for any reason, the
Promoter will, in its absolute discretion, substitute the Prize with another
item of no lesser retail value, subject, where relevant, to the approval of
the authorities that have issued permits or authorities for the conduct of
the Promotion.
18 Unless expressly stated as being included in the Prize/s, all other costs
and expenses associated with taking the Prize/s become the
responsibility of Winner/s including but not limited to all incidental and
ancillary costs incurred by Winner/s as a direct or indirect result of taking
the Prize.
19 Prizes cannot be refunded or exchanged and, except as expressly
permitted by these Terms and Conditions, cannot be taken as a
monetary payment.
20 Prizes may be transferred at the Promoter’s sole discretion. If the
Promoter exercises its discretion to allow a Winner to transfer their
Prize, the transfer will be on the condition that the transferee accepts
these Terms and Conditions and the Promoter may require such
acceptance in writing at its absolute discretion.
21 All aspects of a Prize must be taken together as a package.
22 Prizes may not, without the prior written consent of the Prize Supplier/s
and the Promoter, be resold or offered for resale at a premium (including
via online 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 a Prize is sold or
used in breach of this condition, the Promoter or the Prize Supplier/s
may, at their absolute discretion, withdraw the Prize. Where a Prize 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.
23 Winner/s should seek independent financial advice at the Winner’s sole
expense regarding any tax implications relating to the Prize/s or
acceptance of the Prize/s.
24 Prizes cannot be used in conjunction with any other discounts or special
offers.
25 Each Prize will be awarded to the person named in the winning entry
(as judged in accordance with the Winner Determination).
26 Each Prize will be awarded in the Promoter’s sole discretion. The
Promoter may invalidate any prize claim where the Winner has
breached these Terms and Conditions or otherwise failed to comply with
any requirement under these Terms and Conditions.
27 It is a condition of accepting the Prize/s that the Winner/s and their
guest/s must sign a legal release or releases in a form determined by
the Promoter, Prize Supplier/s and/or the Promotion Sponsor in their
absolute discretion.
Miscellaneous prize terms
28 Voucher prizes are only valid for the period as advised by the Promoter
or Prize Supplier/s and can only be redeemed in accordance with the
Prize Supplier’s terms and conditions.
29 The Promoter supports the responsible service of alcohol and
encourages consumers to enjoy alcohol responsibly. Legal aged
consumers are advised to consider the safe drinking levels
recommended in the National Health and Medical Research Council
Australian Guidelines to Reduce Health Risks from Drinking Alcohol. A
full version of these Guidelines is available at
https://www.nhmrc.gov.au/health-advice/alcohol.
Publicity
30 By accepting a Prize, Winner/s and their guest/s agree that:
a) if requested by the Promoter, the Winner/s and their guest/s will:
i. provide comments about the Promotion and/or a photo or audio-
visual clip of themselves; and
ii. participate in any promotional activity in connection with the
Promotion or the Prize;
b) the Promoter may use their name, image, comments, photographs or
audio-visual clips (Materials) for publicity and promotional purposes in
any form of media, without reference or compensation to the Winner/s
and their guest/s or any other person;
c) the Promoter may use, reproduce, edit and communicate to the public
the Materials at any time in any form of media;
d) the Promoter may license, authorise or otherwise transfer the rights in
the Materials to others to do the same; and
e) the Winner/s and their guest/s unconditionally and irrevocably consent
to any act or omission that would otherwise infringe any of their moral
rights in the Materials and waive all moral rights in the Materials.
Use of social media
31 The following terms apply to the extent that the Promotion is conducted
on, advertised or promoted on a social media platform owned by a third
party (Platform Operator):
a) each Entrant acknowledges and agrees that the Promotion is in no way
sponsored, endorsed or administered by, or associated with, any
Platform Operator.
b) each Entrant releases each Platform Operator and its associated
companies from all liabilities arising in respect of the Promotion;
c) to the extent relevant to the Promotion, the Promoter agrees and each
Entrant must agree to adhere to the prevailing terms and conditions of
each Platform Operator;
d) Entrants understand that they are providing their information to the
Promoter and not to the Platform Operator;
e) Entrants are solely responsible and liable for any content or information
they transmit to other users of the Platform Operator; and
f) any questions, comments or complaints about the Promotion must be
directed to the Promoter not the Platform Operator.
Limitation of liability
32 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 2010, as well as
any other implied warranties under the Australian Securities and
Investments Commission Act 2001 or similar State and Territory
consumer protection laws (Non-Excludable Guarantees). Except for
any liability that cannot by law be excluded, including the Non-
Excludable Guarantees, the Promoter, its associated agencies and
companies and those agencies and companies associated with or
involved in the Promotion (including each of their respective directors,
officers, employees, servants, contractors and agents past and present)
exclude all liability (including negligence), for any personal injury or
death; or any loss or damage; whether direct, indirect, special or
consequential (including loss of opportunity and loss of profit), arising in
any way out of the Promotion or the Prize/s.
33 Except for any liability that cannot by law be excluded, including the
Non-Excludable Guarantees, the Promoter, its associated agencies and
companies and those agencies and companies associated with or
involved in the Promotion (including each of their respective directors,
officers, employees, servants, contractors and agents past and present)
is not responsible for and excludes all liability (including negligence), for
any personal injury or death; or any loss or damage; whether direct,
indirect, special or consequential (including loss of opportunity and loss
of profit), arising in any way out of:
a) any technical difficulties or equipment malfunction (whether under the
Promoter’s control);
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;
c) any delays or failures in any telecommunications services or
equipment;
d) any error, omission, interruption, deletion, defect, delay in operation or
transmission, theft, destruction, unauthorised access or third party
interference;
e) any entry or prize claim that is late, lost, incomplete, incorrectly
submitted, delayed, illegible, corrupted, altered, damaged or
misdirected (whether after their receipt by the Promoter) due to any
reason beyond the reasonable control of the Promoter;
f) any variation in Prize value to that stated in these Terms and
Conditions;
g) any tax liability incurred by a Winner or Entrant;
h) if a Prize or any part of a Prize is unavailable for any reason; or
i) use of the Prize/s.
34 If a Prize is to be delivered directly to a Winner by a third party supplier,
the Promoter accepts no responsibility or liability for any delay or failure
by the third party to deliver the Prize, any loss or damage to the Prize,
any delay or failure relating to the Prize itself or failure by the third party
supplier to meet any obligations in these Terms and Conditions or
otherwise.
General
35 The Promoter reserves the right to take any action necessary in its sole
discretion at any time, as appropriate.
36 If there is a dispute concerning the conduct of the Promotion, the
decision of the Promoter is final and binding on each Entrant and no
correspondence will be entered into.
37 Prize/s and participation in this Promotion may be subject to additional
terms and conditions imposed by third parties. Entrants and Winners
must comply with any such additional terms and conditions. The
Promoter does not accept any responsibility and is not liable for any
additional conditions imposed on the taking of a Prize or participation in
the Promotion. The terms and conditions which apply to a Prize at the
time it is issued to a Winner will prevail over these Terms and
Conditions, to the extent of any inconsistency.
38 If for any reason any aspect of this Promotion is not capable of running
as planned, including, without limitation, by reason of computer virus,
communications network failure, bugs, tampering, unauthorised
intervention, fraud, technical failure, acts of God, civil unrest, strike, war,
act of terrorism or any other cause beyond the control of the Promoter,
the Promoter reserves the right in its sole discretion to cancel, terminate,
modify or suspend the Promotion and invalidate any affected entries, or
suspend or modify a Prize.
39 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 and the Prize Supplier/s reserve
the right to seek damages in the fullest extent permitted by law if any
such attempt is made, whether that attempt results in any such damage,
interference or undermining.
40 These Terms and Conditions are governed by the laws of New South
Wales.
41 Failure by the Promoter to enforce any of its rights at any stage does
not constitute a waiver of those rights.
42 These Terms and Conditions and the Schedule constitute the entire
terms and conditions between each Entrant and the Promoter with
respect to the Promotion. The Promoter may alter, modify, or amend
these Terms and Conditions and the Schedule as appropriate.
Privacy
43 The Promoter is bound by the Australian Privacy Principles in the
Privacy Act 1998. The Promoter will collect Entrants’ personal
information in connection with this Promotion and will use and handle
the personal information in accordance with these Terms and
Conditions and the Promoter’s Privacy Policy at
https://nine.com.au/privacy. The Promoter’s Privacy Policy contains
information regarding:
a) how Entrants may access or correct any of their personal information
collected by the Promoter; and
b) how Entrants may lodge a complaint with the Promoter for a breach of
any Australian Privacy Principle (APP) or APP code, and how the
Promoter will action such complaint.
44 If there is a Promotion Sponsor, the Promotion Sponsor may use the
personal information of an Entrant for marketing purposes if the Entrant
has given their consent to be contacted by the Promotion Sponsor.