Visa Entertainment – Win The Following Prize (each a “prize”) Valued at Au$41.94 One (1) Trial Subscription for Six

VISA “ACORN TV SUBSCRIPTION 2020” PROMOTION
TERMS AND CONDITIONS
Introduction
1. Information on how to enter this promotion and the Prizes (as defined below) to be won forms
part of these Terms and Conditions. By participating, entrants (“you”) agree to be bound by
these Terms and Conditions. Entries must comply with these Terms and Conditions to be
valid.
2. Entry is only open to residents of Australia who are aged 18 years or over and are Visa Offers
+ Perks members.
3. Employees (including contractor staff) of the Promoter and their Immediate Families, and any
of the Promotor’s agencies, suppliers or contractors associated with this promotion and their
Immediate Families, 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 first cousin.)
4. The Promoter reserves the right, in its sole discretion, but shall not be under any obligation, to
verify the validity of any entry or any information provided by an entrant (including his or her
age, identity, residential address and any other information relevant to entry into, or
participation in, this promotion). If the Promoter, in its sole discretion, carries out any
verification, its decision shall be final and you agree not to make any claim or complaint in
relation to the same. The Promoter may, in its sole discretion, disqualify any individual who
submits an entry that in the sole opinion of the Promoter is not in accordance with these
Terms and Conditions or who provides false information, fails to provide information,
conspires with others to gain an unfair advantage or who is otherwise involved in
manipulating, interfering or tampering in any way with this promotion, or has engaged in any
unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of this
promotion. Errors and omissions may be accepted at the Promoter’s discretion. Entrants
agree and acknowledge that the Promoter shall not be obliged to explain or disclose its
reasons for disqualification, and that all disqualification decisions made by the Promoter shall
be final and not subject to challenge or inquiry. 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 are expressly and generally reserved.
5. 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.
6. This promotion commences at 9:00am on Wednesday 22 January 2020 and final entries
close at 11:59pm on Wednesday 19 February 2020 (“Promotional Period”). All times are
AEDT, as applicable in New South Wales, Australia.
7. Entries must be received before the end of the Promotional Period. Entries are deemed to be
made at the time of receipt by the Promoter, not the time of posting or transmission by the
entrant. The Promoter accepts no responsibility for any entries not received for any reason
(whether or not due to any negligence by the Promoter), including without limitation any
technical errors, misdirection or misspellings.
How to Enter
8. To enter this promotion, the entrant must complete the following steps during the Promotional
Period(an “Entry”):
(a) visit https://www.visa.com.au/campaign/acorn-tv
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(b) follow the prompts to the promotion entry page;
(c) input the requested details, including your full name, email address and an answer to
the question: “Tell us in 25 words or less: What is your favourite British TV show and
why?”; and
(d) submit the fully completed online entry form.
9. Incomplete, indecipherable, or illegible entries will be deemed invalid.
10. Multiple Entries are permitted per person, however each Entry must be substantially unique
and submitted separately and in accordance with entry requirements.
11. This is a game of skill and chance plays no part in determining the winners. All Entries will be
judged individually on their merits based on the Entries’ originality, creativity and suitability to
the question. The best valid Entries, as determined by the judges, will receive a Prize. All
entrants acknowledge and agree that there is an element of subjectivity in the judging criteria.
All decisions by the judges will be final and no correspondence will be entered into. Entrants
irrevocably agree not to challenge the results of the promotion or any decision made by the
judges.
12. Entrants agree that they are fully responsible for any materials they submit via the promotion
including but not limited to comments, recordings and images (“Content”). The Promoter
shall not be liable in any way for such Content to the full extent permitted by law. The
Promoter may remove or decline to publish any Content without notice for any reason
whatsoever. Entrants warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that is in breach of any
intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory,
pornographic, sexually inappropriate, violent, abusive, harassing, threatening,
objectionable with respect to race, religion, origin or gender, not suitable for children aged
under 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that
appears in their Content;
(d) the Content is the original work of the entrant or they will obtain full prior consent from any
person who has jointly created or has any rights in the Content to the uses contemplated
by these Terms and Conditions, and the Content does not infringe the rights of any third
party;
(e) they consent to any use of the Content which may otherwise infringe the Content
creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that
they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation, those
governing copyright, content, defamation, privacy, publicity and the access or use of
others’ computer or communication systems.
13. The Promoter may, but is not required to, screen or monitor Entries, including for compliance
with the requirements set out above. The Promoter will make all determinations as to the
compliance and appropriateness of Entry submissions in its sole discretion. Entrants
irrevocably agree and acknowledge that the Promoter may reject, edit or remove any Entry at
any time without notice and without assigning any reason whatsoever.
14. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any
breach of clause 12 above.
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Prizes
15. There will be ten (10) prizes of equal value to be won across Australia during the Promotional
Period. The total prize pool value is AU$419.40.
16. The best ten (10) valid Entries, as determined by the judges in accordance with clause 11 will
win the following prize (each a “Prize”), valued at AU$41.94: one (1) trial subscription for six
(6) months to ACORN TV AUSTRALIA.
17. Any ancillary costs associated with redeeming a subscription are not included. Any unused
balance of a subscription will not be awarded as cash. Redemption of a subscription is
subject to any terms and conditions of the subscription service provider including those
specified during activation of a subscription.
18. Any costs associated with entering this promotion or claiming a Prize are the responsibility of
the entrant and under no circumstances whatsoever may a claim be brought against the
Promoter for any such costs (whether as damages, loss, expense or otherwise). For the
avoidance of doubt, any costs associated with continuing a subscription after the initial six
month trial period included in a Prize are the responsibility of the entrant and under no
circumstances whatsoever may a claim be brought against the Promoter for any such costs
(whether as damages, loss, expense or otherwise). Entrants acknowledge that they may be
charged for a subscription by Acorn TV if they do not terminate their subscription before
expiry of the six month period included in a Prize.
19. If a Prize (or part of a Prize) is unavailable, the Promoter reserves the full right to substitute
the Prize with an alternative prize of equal or greater value and/or specification.
20. The judging will commence at 9am on 20 February 2020 at Willett Logistics, Unit 9, 11-12
Phillip Court, Port Melbourne Victoria 3207 Australia. The Promoter’s decision is final and no
correspondence will be entered into. The judges may select additional reserve Entries, which
they determine to be the next best, and record them in order, in case of an invalid Entry or
ineligible entrant.
21. Winners will be notified via email within 3 calendar days of the end of the Promotional Period.
Winners will also receive information about how to redeem their prize from Acorn TV and be
required to subscribe for the service by visiting the official website: https://au.acorn.tv/,
selecting to ‘Start Free Trial’, filling out the details requested and entering the ‘Promo Code or
Gift Code’ provided.
22. Winners must contact the Promoter within 5 calendar days of the day that the notification was
issued by the Promoter, and follow the instructions set out in the notification. If for any reason
a winner does not take or claim a Prize (or an element of a Prize) by the time stipulated by the
Promoter, then the Promoter has the sole right and discretion (without the need for further
notification) to select an alternative winner and the original winner will automatically forfeit the
Prize in such an event. If a Prize remains unclaimed or unawarded by 7 March 2020, the
Promoter may dispose of the Prize as it sees fit.
23. A Prize cannot be resold (at a premium or otherwise) or advertised or offered for resale on the
Internet or any other medium.
24. A Prize, or any unused portion of a Prize, is not transferable or exchangeable and cannot be
taken as cash, unless otherwise specified. All taxes that may be payable as a consequence of
receiving a Prize are the sole responsibility of the winner.
25. 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.
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General
26. By submitting an Entry, you grant the Promoter, its affiliates and sub-licensees a non-
exclusive, irrevocable, perpetual, royalty-free, worldwide licence (“Licence”) to use,
reproduce, distribute, display, perform, redact, edit, republish, sublicense, translate, copy and
create derivative works from your Entry, for any purpose, including but not limited to future
promotional, marketing or publicity purposes, in any media now known or hereafter
developed, without any payment, compensation or further notification to or permission from
you. Pursuant to the grant of the Licence as aforesaid, for the avoidance of doubt you
consent to the Promoter, and anyone acting on behalf of the Promoter, doing any act in
accordance with the Licence that would otherwise constitute an infringement of any moral or
intellectual property rights that you or any other relevant party may have in your Entry.
27. Entrants consent to the Promoter using the entrant’s 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
competition (including any outcome), and promoting any products manufactured, distributed
and/or supplied by the Promoter.
28. 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.
29. Any cost associated with accessing the competition website is the entrant’s responsibility and
is dependent on the Internet service provider used. The use of any automated entry software
or any other mechanical or electronic means that allows an entrant to automatically enter
repeatedly is prohibited and will render all entries submitted by that entrant invalid.
30. 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) 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 the promotion.
31. 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 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;
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(e) any tax liability incurred by a winner or entrant; or
(f) use/redemption of a Prize.
32. To the extent permitted by law, the Promoter (including its officers, employees and agents)
will not be responsible for any acts of God, acts of terrorism or war (declared or undeclared),
state of emergency, disaster, technical failures, tampering, unauthorised intervention, fraud,
computer viruses or other events beyond the control of the Promoter which affect the proper
conduct or administration of this promotion, or prevent the awarding of a Prize in accordance
with these Terms and Conditions. If such event occurs, the Promoter reserves the right in its
sole discretion to cancel, terminate, modify or suspend the promotion, subject to any written
directions from a relevant regulatory authority.
33. As a condition of participating in the promotion, all entrants (whether or not a winner) will
indemnify the Promoter, all organisers, sponsors and all other persons and organisations
associated in any way with this promotion and its affiliates against all claims, damages,
liabilities, costs and expenses (including costs on a solicitor-client basis) which the Promoter
and its affiliates may incur arising out of their participation in the Promotion or (if applicable)
the Prize, by the entrant, any breach of these Terms and Conditions, or any wrongful or illegal
act or omission in the promotion and/or course of participating in the Prize, howsoever
caused.
34. The Promoter and Acorn TV collect personal information (“PI”) in order to conduct their
businesses and the promotion and may, for this purpose, disclose such PI to third parties,
including but not limited to agents, contractors, service providers, prize suppliers and, as
required, to Australian regulatory authorities. Entry is conditional on providing this PI. The
Promoter and Acorn TV will also use and handle PI as set out in their respective Privacy
Policies, which can be viewed at https://www.visa.com.au/legal/privacy-policy.html (for the
Promoter) and https://app.rlje.net/privacy/acorn/en.html (for Acorn TV). In addition to any use
that may be outlined in their respective Privacy Policies, the Promoter and Acorn TV may, for
an indefinite period, unless otherwise advised, use the PI for promotional, marketing,
publicity, research and profiling purposes, including sending electronic messages or
telephoning the entrant. Each Privacy Policy also contains information about how entrants
may opt out, access, update or correct their PI, how entrants may complain about a breach of
the Australian privacy laws or any other applicable law and how those complaints will be dealt
with. All entries become the property of the Promoter and Acorn TV.
35. The Promoter may also disclose PI to selected partners, if an entrant consents to such
disclosure at the time of entry, who may use the information for their own marketing purposes.
For details on how PI will be handled by such partners, entrants should view their privacy
policy (which will be made available at the time of entry, where applicable).
36. The laws of New South Wales, Australia apply to this promotion to the exclusion of any other
law. Entrants submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
37. The promoter is Visa AP (Australia) Pty Ltd (ABN 20 134 885 564) of Level 39, Tower 2,
International Towers Sydney, 200 Barangaroo Avenue, Sydney NSW 2000, telephone (02)
9253 8864 (“Promoter”).
38. All references to “Acorn TV” are to RLJ Entertainment Australia Pty Ltd (ABN 23 123 588
054).