Ziff Davis – Win 1 of 2 Xbox Series X 20 X $100 Gift Card 20 X Maximus Prize Pack [closes 500pm]

Ziff Davis Australia Pty Ltd.
GAME OF SKILL COMPETITION
TERMS AND CONDITIONS
1. By participating in the Maximus Game On Competition (the “Competition”)
promoted by Ziff Davis Australia Pty Ltd (the “Promoter”), you agree to these Official
Terms and Conditions (the “Terms and Conditions”). When you enter the Competition,
these Terms and Conditions become a contract between you and the Promoter, so read
them carefully before participating. This contract includes, without limitation, an
indemnification by you of the released parties listed below and a limitation of your rights
and remedies.
2. The Promoter’s address is Suite 2, Level 9, 100 William Street, Woolloomooloo,
NSW 2011. ABN: 35 163 234 357.
3. Entry is open to users who are legally resident in Australia and are eighteen (18)
years of age or over. Entrants who are eligible to enter the Competition pursuant to these
Terms and Conditions are referred to as “Eligible Entrants.”
4. All previous winners of any Competition promoted by Promoter during the nine (9)
month period prior to the Selection Date are not eligible to enter. Any individuals (including,
but not limited to, employees, consultants, independent contractors and interns) who have,
within the past six (6) months, held employment with or performed services for the
Promoter or any organizations affiliated with the sponsorship, fulfilment, administration,
prize support, advertisement or promotion of the Competition (“Employees”) are not
eligible to enter or win. Immediate Family Members and Household Members are also not
eligible to enter or win. “Immediate Family Members” means parents, step-parents, legal
guardians, children, step-children, siblings, step-siblings or spouses of an Employee.
“Household Members” means those individuals who share the same residence with an
Employee at least three (3) months a year.
5. The Competition commences at 10am AEST on Wednesday, 30th
September 2020
and closes at 5pm AEST on Monday, 12th
October 2020 (the “Competition Period”). There
will be one (1) winner and twenty (20) runners-up for the Competition (collectively, the
“Prize Winner”).
6. To enter the Competition, entrants must go to
https://comp.ziffdavis.com.au/maximus-game-on-competition and answer in fifty words or
less
“Tell us about your lopsided gaming rivalry.”
Only one entry per person will be accepted. Subsequent attempts made by the same
individual to submit multiple entries by using multiple accounts or otherwise may result in
disqualification of the entrant.
7. Entries submitted by any other means other than as specified in these Terms and
Conditions will not be accepted. Any illegible, incomplete or fraudulent entries will be
rejected. Use of script, macro or any automated system to enter the Competition is
prohibited and entries made (or which appear to have been made, in Promoter’s sole
discretion) using any such system may be treated as void. All entries become the property
of the Promoter. Participants must follow the directions provided by the Promoter and
otherwise be bound by and follow these Terms and Conditions to be eligible to receive a
Prize in connection with the Competition. Participants may not take actions that are
negligent, injurious or reckless in pursuit of any prize offered in connection with
the Competition. Participants who do not follow this rule will be disqualified from
the Competition. Participants alone are responsible for any injuries or other
damages that are caused or incurred as a result of their behavior.
8. Each entry will be individually judged based on literary and creative merit of the
answer provided to the promotional question. The one (1) winner and twenty (20) runners-
up who meet the judging criteria; 75% creativity, 25% literary will be selected as the
winners of the Competition on Tuesday, 13th
October 2020 (the “Selection Date”). The
decision of the judges is final and no correspondence will be entered into with regard to
the judges’ decision. This is a game of skill and chance plays no part in determining
the Prize Winner.
9. The Prize Winner will be notified by email, phone and/or post no later than
Wednesday, 14th
of October 2020. Any runner-up prizes that have not been claimed by
the Runners-Up within three (3) months from the day of notification will be reallocated to
the next best eligible entry as determined by the judges. The alternative Runners-Up has
three (3) months from the day of notification in which to claim their prize or another
alternative Prize Winner will be selected.
10. The Prize Winner will be selected and contacted by Promoter in accordance with
these Terms and Conditions. If any Prize Winner is determined to be ineligible to receive
the Prize, the Promoter may, in its sole and absolute discretion, give away the Prize to an
alternative Prize Winner. If you are selected as a Prize Winner, you will be required to
privately (e.g., by email or other secure, private means) provide your name, address, age
and other personal information necessary to receive the Prize. The name, contact number
and address of the Prize Winner will be passed to a third party provider for the purpose of
delivery of the Prize. Competitions are subject to all applicable laws, rules or regulations
and these Terms and Conditions.
11. There will be one (1) winner and twenty (20) runners-ups (i.e., the “Prize Winner”)
for the Competition who will receive the following prize(s) (collectively, the “Prize”):
First Prize:
– Two (2) x Xbox Series X valued at seven hundred and forty nine dollars each
($749AUD).
– An opportunity to attend the IGN Sydney Office to play with a gaming influencer.
This will be filmed for advertising purposes.
The total estimated retail value of the First Prize is one thousand, four hundred and ninety
eight dollars. ($1498AUD).
Runners-Up Prizing
– 1 x Maximus drink pack valued at thirty two dollars and ninety cents ($32.90).
– 1 x $100 Mastercard gift card
The total estimated retail value of the Runner-Up Prizing is two thousand, six hundred and
fifty eight dollars ($2658AUD)
The total estimated retail value of the Prize is four thousand, one hundred and fifty six
dollars ($4156AUD).
Please note travel costs are not included. Winner must be available and able to travel to
IGN’s Sydney office in the W/C 26th
October 2020. Winner must adhere to all health and
safety protocols required by Promoter, including COVID protocols.
12. The Prize must be accepted by the Prize Winner as stated and cannot be
transferred to another person, exchanged for other goods and services or redeemed as
cash in whole or in part. Any element of a Prize which is not accepted will be forfeited, and
no compensation will be paid in lieu of that element of the Prize. Should a Prize be
unavailable at the time that the Promoter seeks to acquire the Prize for the Prize Winner,
Promoter reserves the right, in its sole and absolute discretion, to substitute with an
alternative of equal or greater value or to substitute a cash alternative for any Prize. The
Promoter accepts no responsibility for any variation of the Prize or any aspect of the Prize
due to circumstances outside its reasonable control. In any such event, an alternative
Prize or element of the Prize will be arranged. You agree that the Prize is awarded on an
“as is” basis and that neither the Promoter nor any of its parents, subsidiaries or affiliated
companies make any representations or warranties of any nature with respect to the Prize.
Each Prize Winner in the Competition is solely responsible for any and all applicable taxes
(including income and withholding taxes on any Prize), regardless of whether the Prize, in
whole or in part, is used. The actual retail value of any Prize is based on available
information provided to Promoter and the value of any Prize awarded to the Prize Winner
must be reported for tax purposes as required by law. Prizes may subject to the terms and
conditions of a third party prize provider which will be made available by such third party;
in such instance, any complaints or queries relating to the use of the Prize should be
directed to such third party prize provider.
13. As a condition of accepting a Prize, the Prize Winner, and any other person(s) sharing
the Prize with the Prize Winner, may be required to sign legal documentation as and in
the form required by the Promoter including but not limited to a further agreement to
exclude liability of the Promoter for certain loss, damage or injury arising from the use or
participation in a Prize to the extent the Prize is or includes a recreational service or
activity.
13. Except for any liability for death or personal injury caused by its negligence, fraud
or any other liability that cannot be excluded by law, the Promoter and its parent
companies, subsidiaries, affiliated companies, units and divisions, and the current and
former officers, directors, employees, shareholders, agents, successors and assigns of
each of the foregoing, and all those acting under the authority of the foregoing or any of
them (including, but not limited to, advertising and promotional agencies and prize
suppliers) (collectively, the “Released Parties”) exclude all liability, claims, actions, injury,
loss, damages, liabilities and obligations of any kind whatsoever (collectively, “Claims”),
whether known or unknown, suspected or unsuspected, which entrants have ever had,
now have, or hereafter can, shall or may have, against the Released Parties (or any of
them), including, but not limited to, all Claims for personal injury, theft, unauthorised
access or third party interference arising from or related to: (a) the Competition; and (b)
the receipt, ownership, use, transfer, sale or other disposition of the Prize, including, but
not limited to, claims for personal injury, death, and/or property damages.
14. Nothing in these terms and conditions is intended to exclude, restrict or modify
rights which you may have under any law (including the Australian Consumer Law (“ACL”),
and consumer guarantees relating to goods or services under the ACL) which may not be
excluded, restricted or modified by agreement (“Your Consumer Rights”). Subject to Your
Consumer Rights, the Promoter is not liable for any loss or damage however caused
(including by negligence), suffered or incurred in connection with the Promotion or the
prize. Any condition or warranty which would be implied by law into these terms and
conditions is excluded.
15. The Promoter is not responsible for any problem or technical malfunction of any
website or communications network or any late, lost, incorrectly submitted, delayed,
ineligible, incomplete, corrupted or misdirected entry whether due to error, transmission
interruption or otherwise. The Promoter reserves the right to disqualify any entrant
submitting an entry which, in the opinion of the Promoter, includes objectionable content,
including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory
or defamatory images or language. The Promoter’s decision is final.
16. If, for any reason, the Competition is not capable of running as planned, including,
but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention,
fraud, technical failures or any other causes beyond the reasonable control of the
Promoter which corrupt or affect the administration security, fairness, 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, and/or to cancel, terminate,
modify or suspend the Competition. The Promoter assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorised access to, or alteration
of, entries beyond its reasonable control. The Promoter is not responsible for any
problems or technical malfunction of any telephone network or lines, computer online
systems, servers or providers, computer equipment, software, failure of any entry to be
received by the Promoter on account of technical problems or traffic congestion on the
Internet or at any website, or any combination thereof, including any injury or damage to
participant’s or any other person’s computer related to or resulting from participation or
downloading any materials in this Competition. CAUTION: ANY ATTEMPT TO
DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE,
OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS
COMPETITION, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD
SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER
RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED
BY LAW.
17. The Prize Winner, by acceptance of the Prize, grants to Promoter and its parents,
subsidiaries, affiliates, designees and assigns the right to publicize his or her name,
address (city and country of residence), photograph, voice, statements and/or other
likeness and prize information for advertising, promotional and/or trade and/or any other
purpose (“Winner Information”) in any media or format now known or hereafter devised,
throughout the world, in perpetuity, without limitation and without further compensation,
consideration, permission or notification, except where prohibited by law. The Prize
Winner agrees to participate in reasonable publicity activities surrounding the Competition
as requested by the Promoter. By acceptance of the Prize, the Prize Winner also grants
the Promoter and its parents, subsidiaries, licensees, successor and assigns, a perpetual,
fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivative works of,
distribute, display, exhibit, transmit, broadcast, televise, digitize, perform and otherwise
use and permit others to use, and throughout the world, their entry materials in any
manner, form, or format now known or hereinafter created, including on the internet, and
for any purpose, including, but not limited to, advertising or promotion of the Competition,
the Promoter and/or its products and services, without further consent from or
compensation to the Prize Winner. By entering the Competition, entrants consent to
receive notification of future promotions, advertisements or solicitations by or from
Sponsor and/or Sponsor’s parent companies, affiliates, subsidiaries and business
partners, via email or other means of communication.
18. These terms and conditions are governed by the laws of New South Wales,
Australia. The courts of New South Wales, Australia shall have exclusive jurisdiction to
hear any dispute or claim arising in association with the Competition or these terms and
conditions.
19. Without limiting the foregoing, personal information provided by entrants in
connection with this Competition will be handled in accordance with data protection
legislation and in accordance with the Promoter’s privacy policy, which may be found here.
Entrants should direct any request to access, update or correct information to the
Promoter.
20. Although the Competition may be featured on Twitter, Facebook and/or other
social media platforms, the Competition is in no way sponsored, endorsed, administered
by, or association with Twitter, Facebook and/or such other social media platforms and
you agree that you release Twitter, Facebook and all other social media platforms from
any claims, damages or losses associated with the Competition.
21. A list of Competition winners can be made available on request by writing after the
Selection Date to the offices of the Promoter: Ziff Davis Australia Pty Ltd, Suite 2, Level 9,
100 William Street, Woolloomooloo, NSW 2011. A stamped addressed envelope must be
included with the request. Any complaints or queries relating to the Competition should be
directed to the Promoter by email at rsvp_au@ziffdavis.com.
BY ENTERING, YOU AGREE THAT YOU HAVE READ AND AGREE TO ALL OF THESE
TERMS AND CONDITIONS.