Pedestrian – Win One for Yourself (prize valued at $5,399)

Share Your Favourite Gaming
Moment And Win A 65-
Inch LG TV Competition
Terms & Conditions
Schedule
Promotion Share Your Favourite Gaming Moment And Win A 65-Inch LG TV
Competition
Promoter Pedestrian Group Pty Limited ABN 60 112 839 568 of Level 1, 66
Wentworth Avenue, Surry Hills 2010
Promotional Period Start Date: 9/06/20 at 12:00PM AEST
End Date: 16/06/20 at 12:00PM AEST
Eligible entrants Permanent residents of Australia who are not ineligible to enter the
Promotion under clause 2 of the Terms and Conditions and who meet the
Entry Requirements (Entrants)
Entry Requirements Entrants must follow Kotaku Australia’s Twitch channel, Discord channel, or
both in order to be eligible to enter the promotion.
Entry Method Visit kotaku.com.au and locate the competition article.
Use the Gleam.io widget to enter their full name, email address and an
answer to the question: “What is your favourite memory gaming on a
TV?”
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 NSW 2010, Australia on 23/06/20. The Winner will be the
Entrant who has 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 1
Winner Notification The Winner will be notified by email.
Prize/s 1x LG CX 65 inch 4K Smart OLED TV w/ AI ThinQ®, valued at $5,399
Total Prize Pool AUD$5,399
Winner Publication 17/06/20 on kotaku.com.au
Terms and Conditions
Entry into the Promotion
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.
Entry is not open to:
directors, management, employees, officers and contractors of:
the Promoter,
any related bodies corporate of the Promoter, and
the agencies and companies associated with the Promoter or the
Promotion;
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); and
any person who does not meet the Entry Requirements in the Schedule.
Entrants under the age of 18 must have permission from a parent or legal
guardian to enter the Promotion.
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.
Entrants may submit entries up to the Maximum Entries.
Any and all entries that are made using any automated entry means, computer
entry service or any other mechanical or electronic means that allows an
individual to automatically enter repeatedly are invalid and will be rejected by
the Promoter.
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.
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.
The Promoter may, at its absolute discretion, declare any or all entries made by
an Entrant to be invalid if the Entrant:
fails to establish their entitlement to win the Promotion to the Promoter’s
satisfaction; or
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
appears, to the Promoter, to have tampered with, or benefited from
tampering with, the entry process; or
has submitted an entry that is not in accordance with these Terms and
Conditions; or
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
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.
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.
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.
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)).
Each Entrant warrants that:
they have the full power and capacity to grant the rights, warranties and
consents set out in these Terms and Conditions;
they will fully indemnify the Promoter against any loss or damage suffered
by the Promoter:
if any of the warranties given by the Entrant are false;
as a result of any breach of the above by the Entrant; and
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
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.
The Winner/s will be notified in accordance with the Winner Notification and the
Winner/s name and their entry will be published in accordance with the Winner
Publication.
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
All Prize values are correct and based on the recommended retail value at the
Start Date of the Promotion.
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 for the conduct of the Promotion.
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.
Prize cannot be refunded or exchanged and, except as expressly permitted by
these Terms and Conditions, cannot be taken as a monetary payment.
Prize 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.
Prizes may not, without the prior written consent of 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 may, in its
absolute discretion, withdraw the Prize. Where a Prize has been withdrawn in
accordance with this clause, no refund, substitute or compensation will be
offered.
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.
Prize will be awarded to the person named in the winning entry (as judged in
accordance with the Winner Determination). If a Winner is under the age of 18,
the Promoter may, at its discretion, award their Prize to the Winner’s parent or
legal guardian. It is the responsibility of the Winner’s parent/legal guardian to
prove their parental status/legal guardianship at the time of the Winner
Notification.
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.
It is a condition of accepting the Prize/s that the Winner/s must sign a legal
release or releases in a form determined by the Promoter in its absolute
discretion.
Publicity
By accepting a Prize, Winner/s agree that:
if requested by the Promoter, the Winner/s will:
provide comments about the Promotion and/or a photo or audio-visual
clip of themselves; and
participate in any promotional activity in connection with the Promotion
or the Prize;
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 or any
other person;
the Promoter may use, reproduce, edit and communicate to the public the
Materials at any time in any form of media;
the Promoter may license, authorise or otherwise transfer the rights in the
Materials to others to do the same; and
the Winner/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
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):
each Entrant acknowledges and agrees that the Promotion is in no way
sponsored, endorsed or administered by, or associated with, any Platform
Operator.
each Entrant releases each Platform Operator and its associated
companies from all liabilities arising in respect of the Promotion;
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;
Entrants understand that they are providing their information to the
Promoter and not to the Platform Operator;
Entrants are solely responsible and liable for any content or information
they transmit to other users of the Platform Operator; and
any questions, comments or complaints about the Promotion must be
directed to the Promoter not the Platform Operator.
Limitation of liability
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.
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:
any technical difficulties or equipment malfunction (whether under the
Promoter’s control);
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;
any delays or failures in any telecommunications services or equipment;
any error, omission, interruption, deletion, defect, delay in operation or
transmission, theft, destruction, unauthorised access or third party
interference;
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;
any variation in Prize value to that stated in these Terms and Conditions;
any tax liability incurred by a Winner or Entrant;
if a Prize or any part of a Prize is unavailable for any reason; or
use of the Prize/s.
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
The Promoter reserves the right to take any action necessary in its sole
discretion at any time.
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.
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.
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.
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 if any such attempt is made, whether that attempt results in any such
damage, interference or undermining.
These Terms and Conditions are governed by the laws of New South Wales.
Failure by the Promoter to enforce any of its rights at any stage does not
constitute a waiver of those rights.
These Terms and Conditions and the Schedule constitute the entire terms and
conditions between each Entrant and the Promoter with respect to the
Promotion.
Privacy
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.