Channel 9 – Today Show – MICHAEL JACKSON – Win A Trip For Two (2) Adults To Los Angeles, USA (prize valued at $20,000)

“TODAY SHOW MICHAEL JACKSON” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prize form part of these Terms and
Conditions. Participation in this promotion is deemed acceptance of these
Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years or older who are
available to travel in October and November 2017 to take the prize, and
eligible for travel to the United States.
3. Employees (and their immediate families) of the Promoter and agencies
associated with this promotion are ineligible to enter. Immediate family means
any of the following: spouse, ex-spouse, de-facto 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.
4. Promotion commences 5:30am AEST on 11/09/17 and closes 4:00pm AEST
on 15/09/17 (“Promotional Period”).
5. To enter, eligible entrants must, during the Promotional Period, visit
www.facebook.com/iwakeupwithtoday, locate the promotional entry form,
complete all requested details including full name, contact number, a valid
and current email address, residential address, confirm their availability to
travel on the dater required, and an answer to the question in 25 words or less
“What is your favourite Michael Jackson song and why”, and submit the
completed form.
6. 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
reserves the right, in its sole discretion, to disqualify any individual who the
Promoter has reason to believe has breached any of these Terms and
Conditions, tampered with the entry process or engaged in any unlawful or
other improper misconduct calculated to jeopardise fair and proper conduct of
the promotion. Errors and omissions may be accepted at the Promoter’s
discretion. Failure by the Promoter to enforce any of its rights at any stage
does not constitute a waiver of those rights. The Promoter’s legal rights to
recover damages or other compensation from such an offender are reserved.
7. Incomplete or indecipherable entries will be deemed invalid.
8. Multiple entries permitted, subject to the following: (a) each entry must be
substantially unique; and (b) each entry must be submitted separately and in
accordance with entry requirements.
9. If there is a dispute as to the identity of an entrant, the Promoter reserves the
right, in its sole discretion, to determine the identity of the entrant.
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10. The judging will take place at 24 Artarmon Road, Willoughby NSW 2068 on
18/09/17 at 10:00am AEST. The judges may select additional reserve entries
that they determine to be the next best, and record them in order of merit, in
case of an invalid entry or ineligible entrant. The winner will be notified by
telephone and email.
11. This is a game of skill and chance plays no part in determining the winner.
Each entry will be individually judged based on literary and creative merit of
the answer provided to the promotional question.
12. The Promoter’s decision is final and no correspondence will be entered into.
13. The best entry, as determined by the judges, will win a trip for two (2) adults to
Los Angeles, USA valued at up to AUD$20,000 depending on date and point
of departure. Prize includes:
2 x economy class return airfares from winner’s nearest capital city to
Los Angeles, USA;
return airport to accommodation transfers in Los Angeles;
5 nights 3.5 star accommodation in Los Angeles;
AUD$3,000 spending money; and
Attendance of the LA to attend the exclusive ‘SCREAM’ event on
26/10/17 in LA
14. Additional pending money, meals, insurance, taxes (excluding airline taxes)
transport to and from departure point, additional transfers, visas, vaccinations,
items of a personal nature, in-room charges and all other ancillary costs are
not included. Prize must be taken between 20/10/17 – 10/11/17 and must
coincide with the LA exclusive ‘SCREAM’ event on 26/10/17.
15. The winner and their companion must depart from and return to the same
departure point and travel together. Itinerary to be determined by the
Promoter in its absolute discretion. Frequent flyer points will not form part of
the prize. Prize is subject to the standard terms and conditions of individual
prize and service providers. The winner may be required to present their
credit card at time of accommodation check in.
16. If for any reason the winner does not take the prize (or an element of the
prize) by the time stipulated by the Promoter, then the prize (or that element
of the prize) will be forfeited.
17. In the event of war, terrorism, state of emergency or disaster, the Promoter
reserves the right to cancel, terminate, modify or suspend the promotion or
suspend or modify a prize, subject to any written directions from a relevant
regulatory authority.
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18. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion,
reserves the right to substitute the prize (or that part of the prize) with a prize
to the equal value and/or specification.
19. Total prize pool value is up to AUD$20,000. Prize, or any unused portion of
the prize, is not transferable or exchangeable and cannot be taken as cash,
unless otherwise specified.
20. Each entrant warrants that their entry is an original literary work of the entrant
that does not infringe the rights of any third party. As a condition of entering
this promotion, each entrant licenses and grants the Promoter, its affiliates
and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide,
irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish
and display their entry for any purpose, including but not limited to future
promotional, marketing or publicity purposes, in any media, without
compensation, restriction on use, attribution or liability.
21. Entrants consent to the Promoter using their name, likeness, image and/or
voice in the event they are a winner (including photograph, film and/or
recording of the same) in any media for an unlimited period without
remuneration for the purpose of promoting this promotion (including any
outcome), and promoting any products manufactured, distributed and/or
supplied by the Promoter.
22. If this promotion 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, including but not limited to technical
difficulties, unauthorised intervention or fraud, the Promoter reserves the right,
in its sole discretion, to the fullest extent permitted by law (a) to disqualify any
entrant; or (b) to modify, suspend, terminate or cancel the promotion, as
appropriate.
23. Any cost associated with accessing the promotional website is the entrant’s
responsibility and is dependent on the Internet service provider used.
24. Entry and continued participation in the promotion is dependent on entrants
following and acting in accordance with the Facebook Statement of Rights
and Responsibilities, which can be viewed at www.facebook.com/terms.php.
25. 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. The information an entrant
provides will only be used for the purposes outlined in these Terms and
Conditions. Any questions, comments or complaints about this promotion
must be directed to the Promoter and not to Facebook. Facebook will not be
liable for any loss or damage or personal injury which is suffered or sustained
by an entrant, as a result of participating in the promotion (including
taking/use of a prize), except for any liability which cannot be excluded by law.
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26. 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 States and Territories of Australia (“Non-Excludable Guarantees”). Except
for any liability that cannot by law be excluded, including the Non-Excludable
Guarantees, the Promoter (including its respective officers, employees and
agents) excludes 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 the promotion.
27. Except for any liability that cannot by law be excluded, including the Non-
Excludable Guarantees, the Promoter (including its respective officers,
employees and agents) is not responsible for and excludes 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: (a) any technical difficulties or
equipment malfunction (whether or not under the Promoter’s 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 Promoter) due to any reason beyond the reasonable
control of the Promoter; (d) any variation in prize value to that stated in these
Terms and Conditions; (e) if the LA ‘SCREAM’ event is cancelled, postponed
or rescheduled for any reason; (f) any tax liability incurred by a winner or
entrant; or (g) the prize.
28. Entrants’ personal information will be collected by the Promoter. Personal
information will be stored on the Promoter’s database. The Promoter may use
this information for future marketing purposes regarding its products, including
contacting the entrant electronically. The Promoter is bound by the Australian
Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its
privacy policy which is located at
https://login.nine.com.au/privacy?client_id=9nowweb. The Promoter’s privacy
policy contains information about how the entrant may access, update and
seek correction of the personal information the Promoter holds about them
and how the entrant may complain about any potential breach by the
Promoter of the Australian Privacy Principles or any other Australian privacy
laws and how such complaints will be dealt with. The Promoter collects
personal information about entrants to enable them to participate in this
Promotion and may disclose the entrants’ personal information to third parties
including its contractors and agents, prize suppliers and service providers to
assist in conducting this Promotion and to the State and Territory lottery
departments as required under the relevant lottery legislation. If the entrant
does not provide their personal information as requested, they may be
ineligible to enter or claim a prize in the Promotion. Personal information
collected from entrants will not be disclosed to any entity located outside of
Australia.
29. The Promoter is Nine Network Australia Pty Limited, ABN 88 008 685 407 of
24 Artarmon Rd, Willoughby, NSW 2068. You can contact the Promoter in
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relation to the promotion by mail to this address or by telephone to (02) 9906
9999.