Channel Ten – The Living Room – WIN A Family Holiday to San Diego, CA

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Network TEN
The Living Room San Diego Family Holiday Competition
Terms and Conditions
1. Information on how to enter forms part of the terms of entry. Entry into The Living Room San
Diego Family Holiday Competition (“Competition”) is deemed acceptance of these terms and
conditions.
Eligibility to Enter
2. Entry is open to all residents of Australia aged 18 years and over, however, employees and the
immediate families of Network Ten Pty Limited (the “Promoter”), WTFN Entertainment Pty Ltd
(Producers of The Living Room), and their associated agencies and companies or any
organisation or individual associated with the provision of the prize(s) are not eligible to enter.
Entrant must be residing in Australia at the time of entry, or their entry may be deemed invalid.
Competition Period
3. The competition commences on Friday 10 November 2017 at 19:30 AEDT and closes on
Monday 27 November 2017 at 09:00 AEDT (“Competition Period”).
4. The Competition will be advertised on, but not limited to, Network TEN, www.tenplay.com.au.
How to Enter
5. To participate in the Competition entrants must:
a. Log on to tenplay.com.au and register their details including (but not limited to) the code
word, name, address, phone number, email address, gender and date of birth, to become
a TENPlay member.
6. It is free to become a TENPlay member, however, the cost of accessing the promotional website
is dependent on the entrant’s individual service provider. These Terms and Conditions apply in
conjunction with the TEN Members rules.
7. Entrants who have won a major prize in any Network Ten competition in the past 12 months
are not eligible to win a prize in this competition.
8. Incomprehensible and incomplete entries will be deemed invalid.
9. Code words will be announced during the broadcast of The Living Room, currently scheduled to
air each Friday at 19:30 local time, from Friday 10 November 2017 to Friday 24 November 2017
inclusive. Each code word is valid until the next code word is announced. The last code word,
announced on Friday 24 November 2017 will be valid until the competition closes on Monday
27 November 2017 at 09:00 AEDT.
10. If for any reason during the Competition Period any The Living Room episodes do not go to air
and the promotional code word is not displayed during any The Living Room episode or
replacement program, the promotional code word may be made available on the Channel Ten
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Facebook page at https://www.facebook.com/channelten at a time to be determined by the
Promoter, in its sole discretion.
11. Entries will only be considered valid if the correct code word has been provided for the
corresponding broadcast period. Any entry submitted with a code word that has expired, due to
a new code word being announced, will be deemed invalid.
12. A limit of one online entry per day per TENPlay member applies.
13. Entries must be received by Monday 27 November 2017 at 09:00 AEDT to be included in the
Prize Draw. Each valid entry received over the duration of the Competition Period will be
entered into the Prize Draw.
14. The time of entry will in each case be the time the online entry is received by the Promoter’s
database. The Promoter and its officers, employees and agents accept no responsibility for any
late, lost or misdirected entries due to technical disruptions, network congestion or for any
other reason.
15. The account holder is responsible for any activity and/or entries that have been submitted using
their device (E.g. Phone, computer, tablet etc). It is the account holder’s sole responsibility to
control any and all access to their device. The Promoter and its officers, employees and agents
will not be responsible for any loss, damage or costs incurred as a result of failure to comply
with this. Entrants must not use another’s device without express permission from the account
holder.
16. 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 to disqualify any entrant who
submits an entry that is not in accordance with these Terms and Conditions or who tampers
with the entry process. Error and omissions will be accepted at the Promoter’s discretion.
Failure by the Promoter, its officers, employees or agents to enforce any of its rights at any
stage does not constitute a waiver of those rights.
17. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits
the winner’s image and/or voice, as recorded, photographed or filmed during the winner’s
participation in the prize to appear in connection with Network TEN, The Living Room or the
advertising or marketing thereof, in any media whatsoever through the world and the winner
will not be entitled to any fee for such use.
18. The Prize Draw will be held on Monday 27 November 2017 at 10:00 AEDT at Ansible Pty Ltd,
Level 1, 16 Anster Street, Adelaide SA 5000.
19. The Major Prize Winner will be notified by a phone call within two (2) days of the draw and in
writing and the winner’s initial, surname and State will be published on The Living Room on
Friday and on the TENPlay website at tenplay.com.au from Monday 1 December 2017.
20. An entry that is made on behalf of an entrant by a third party will be invalid.
21. If required, an unclaimed prize draw will take place at Ansible Pty Ltd, Level 1, 16 Anster Street,
Adelaide, South Australia 5000 on Tuesday 27 February 2018 at 10:00 AEDT. The unclaimed
prize winner will be notified of their prize by phone, in writing and winner’s initial, surname and
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State will be published on the TENPlay website at tenplay.com.au from Wednesday 28 February
2018.
Prize Details
22. There will be one (1) Major Prize Winner drawn from all entries received (Online) who will win
the following prize package:
Number Prize Details AUD Value
1 x Major
Prize
Return economy Qantas flights for two (2) adults and
two (2) children (aged up to 11 years of age at time of
travel) from their nearest Australian capital city to LAX,
Los Angeles, USA.
Six (6) day’s Avis Car rental
Five (5) night’s accommodation at Handlery Hotel San
Diego
SeaWorld San Diego admission for two (2) adults and
two (2) children for the dine with orcas experience
USS Midway Museum admission for two (2) adults and
two (2) children, Avionics Flight Simulator admission for
two (2) adults and two (2) children, Combat 360 Flight
simulator admission for two (2) adults and two (2)
children, Midway’s Fantail Café vouchers for 4 (four)
people, $100 gift certificate to Midway’s Jet (gift) Shop,
Autographed copy of Midway’s Memories (souvenir
photo book)
Old Town Trolley Tour admission for two (2) adults and
two (2) children
Café Coyote dining gift certificate for four (4) people
$7,600.00
$1,000.00
$1,245.00
$455.00
$375.00
$200.00
$65.00
TOTAL PRIZE VALUE – AUD $10,940.00
23. The total Prize Pool is valued at $10,940.00 (including GST). The Promoter and its officers,
employees and agents accept no responsibility for any change in prize value between now and
the ultimate prize redemption date.
24. Any ancillary costs associated with redeeming the prize/s are not included. These are the
responsibility of the winner.
25. The Major Prize winner and their travelling companions are responsible for all other expenses
including spending money (unless specified), meals (unless specified), drinks, transfers (unless
specified), laundry charges, activities (unless specified), incidentals, taxes (excluding departure
and any other flight associated taxes included within the prize), energy surcharges, gratuities,
services charges and all other ancillary costs. Travel insurance is not included (unless specified
in the prize inclusions) but is highly recommended.
26. All prizes are non-transferrable. No cash alternative is available for any prize. Prizes must be
taken as offered. Any prize, unused portion of any prize, or portion of the prize that the winner
is not entitled to, is not exchangeable or cannot be redeemed as cash. Prizes cannot be used in
conjunction with any other special offer. Prize values are in Australian dollars. The Promoter
and its officers, employees and agents accept no responsibility for any variation in the prize
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values. Prize winners are advised that tax implications may arise from their prize winnings and
they should seek independent financial advice prior to acceptance of their prize.
27. In acceptance of the prize, the Winner acknowledges they may incur ongoing costs associated
with the prize which are the entire responsibility of the winner.
28. The Major Prize travel must be completed by Wednesday 31 October 2018, is subject to
availability, and is based on two (2) adults and two (2) children sharing a twin/double room.
Specified accommodation, restaurants and tours are subject to availability at the time of
booking. Alternatives may be offered dependent on availability.
29. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute
the prize for a prize of equal or greater value, subject to any directions given under State
Regulation.
30. The Promoter and its officers, employees and agents are neither responsible nor liable for any
prizes damaged, delayed or lost in transit during their delivery to the prize winner.
31. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding
the Competition result.
32. It is a condition of accepting the prize that the winner must comply with all the conditions of
use of the prize and the prize supplier’s requirements.
33. In the event that for any reason whatsoever a winner does not take an element of the prize at
the time stipulated by the Promoter then that element of the prize will be forfeited by the
winner and cash will not be awarded in lieu of that element of the prize.
34. Personal information about all prize winners will be shared with the prize provider, and their
agents, to the extent necessary for prizes to be delivered to the prize winners.
35. If the Major Prize winner does not provide proof of meeting the age restriction and other valid
entry requirements, the Major Prize will be forfeited in full, and the winner will have no further
claim. A re-draw will be held to award the Major Prize to a valid entrant.
36. The Major Prize Winner or any Authorised Driver must be 25 years or older, hold a current
licence (not being a learner’s licence or provisional licence) to drive the Avis Hire Vehicle and
have been licensed to drive vehicles of the same category as the vehicle for at least 12
consecutive months. Car seats, additional driver surcharge and insurances with car hire not
included and are payable direct at the time of hire. If the Winner is unable to drive in the US,
return airport transfers from LAX to San Diego will be booked. Other transport costs in San
Diego are not included.
37. Dates of travel within holiday periods are subject to availability. Blackout dates will apply
unless specifically pre-arranged prior to the competition being run. Blackout dates include
Christmas, Easter and school holidays.
38. Travel is valid from 28 November 2017 – 31 October 2018. If the winner does not travel within
this period their travel will become null and void and they will no longer be entitled to their
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grand prize. The Major Prize Winner must advise The Promoter of their intended dates of travel
at least eight (8) weeks prior to the intended departure date.
39. Once confirmed in writing, travel dates and names of those travelling are not changeable
without incurring extra fees. The Promoter and its officers, employees and agents do not accept
responsibility for any fees incurred as a result of any changes made and these costs will be
borne by the winner and their companion/s.
40. The Major Prize winner and their travelling companion must travel at the same time, must
depart from the same capital city and are responsible for transport from their residence to their
nearest capital city for flight departure. It is the winner’s responsibility to organise transfers
and cover associated costs to and from the winner and their travelling companion’s residence
and nearest capital city.
41. The Major Prize Winner, or their travelling companion, may be required to provide a credit card
in order to check-in at the hotel for a security deposit, and to cover any incidental charges.
42. Air tickets are available on the regular scheduled services of any nominated airline and are
subject to seasonal embargos. The Promoter has the right to determine the airline carrier at its
discretion. In the event that a winner requests a specific carrier, not offered by the Promoter,
any subsequent or additional fees and taxes, if applicable will be the responsibility of the
winner. Flight itinerary may have to be adjusted depending on the airlines departure city and
their current flight schedule. Frequent Flyer points are not available from any airline. The
Promoter is not responsible for the cancellation, delay or rescheduling of any part of a travel
Prize and any costs incurred by the winner or any travelling companion(s) as a result (including
accommodation costs) will be the responsibility of the winner.
43. Network TEN and their associated agencies and companies or any organisation or individual
associated with the provision of the Prize(s) make no representation as to the safety conditions
or other issues that may exist at any destination. International travel advice can be obtained
from various sources, including government, local consular offices and the web site of the
Australian Department of Foreign Affairs and Trade, www.dfat.gov.au.
44. With effect from Friday 1 April 2016, all passengers travelling to the USA under the Visa Waiver
Program must hold a passport with an integrated chip. See here for list of countries under the
Visa Waiver Program http://www.immihelp.com/visa-waiver-program/.
45. Only travellers who are eligible to enter the USA are able to partake in this major travel prize. If
the winner is, for whatever reason, ineligible to enter the USA they forfeit the major travel
prize.
46. It is the traveller’s personal responsibility to ensure they have valid documentation, including
but not limited to valid passports and visas, which meet the requirements of immigration and
other government authorities at every destination. Any necessary visas, vaccinations, passports
and any associated costs are the responsibility of the winner and their travelling companion.
Any fines, penalties, payments or expenditures incurred as a result of such documents not
meeting the requirements of those authorities will be the sole responsibility of the traveller/s.
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47. The winner, and their travelling companions, must be in possession of a valid 5 or 10 year
passport, and must have a minimum of 90 days validity remaining on the passport for the
duration of the prize holiday.
48. All components of the Major Prize must be fulfilled at the same time and they cannot be split
across different time periods. All elements of the package are subject to availability at the time
of booking.
49. Prizes will be awarded to the person named in their contestant entry. Should an entrant’s
contact details change during the Competition Period it is the entrant’s responsibility to notify
the Promoter. A request to access or modify any information provided in an entry should be
directed to the Promoter.
50. It is a condition of accepting the prize that the winner may be required to sign a legal release in
a form determined by the promoter in its absolute discretion.
51. Should the Major Prize Winner not meet any of the criteria stated in these terms and conditions
to be a valid winner they will forfeit all rights to the Major Prize, and a redraw will take place to
reallocate the Major Prize to a valid winner.
52. By accepting the prize, the winner agrees to participate in and co-operate as required with all
reasonable media editorial requests relating to the prize, including but not limited to, being
interviewed and photographed, filmed and/or chaperoned throughout the duration of the
prize.
53. WTFN Entertainment Pty Ltd may wish to film the participants receiving their prize or
participating in the winner announcement. The entrant gives permission for the filmed vision
to be used by WTFN Entertainment Pty Ltd on-air during the broadcast of The Living Room on
Network TEN, online and through unlimited social media platforms and any repeat episodes.
The winner/s may need to make themselves available for filming at a date nominated by WTFN
Entertainment Pty Ltd, with details to be determined in conjunction with WTFN Entertainment
Pty Ltd.
54. If for any reason this Competition is not capable of running as planned, including due to
infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical
failures or any causes beyond the control of the Promoter, its officers, employees or agents,
which corrupt or affect the administration, security, fairness or integrity or proper conduct of
this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual
who tampers with the entry process, take any action that may be available, and to cancel,
terminate, modify or suspend the Competition, subject to government legislation.
55. If your entry is selected as a winning entry, validation of your circumstances and the validity of
your entry will be undertaken by the Promoter. The method of validation (without limitation)
will be determined by the Promoter at its complete discretion. If the winning entry is deemed
to be a winner, the winner will be notified in accordance with these terms and conditions. In
the event that the Promoter requests the entrant to sign any legal documents relating to the
verification of their medical circumstance, the legal documents will take the form determined
by the Promoter. It is a condition of accepting the prize the winner signs any such legal
documentation.
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56. 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 State and Territories of Australia (“Non-Excludable Guarantees”). Except
for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the
Promoter and its officers, employees and agents exclude all liability (including negligence), for
any personal injury; or loss or damage (including loss of opportunity); whether direct, indirect,
special or consequential, arising in any way out of the Competition and: (a) any technical
difficulties or equipment malfunction (whether or not under the control of the Promoter, its
officers, employees or agents); (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, its officers, employees or agents; (d) any variation in prize value to that stated in
these Terms and Conditions; (e) any tax liability incurred by a Winner or entrant; or (f) use of
the prize.
57. If this Competition 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, its
officers, employees or agents, the Promoter reserves the right, in its sole discretion, to the
fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written
directions from a regulatory authority, to modify, suspend, terminate or cancel the
Competition, as appropriate, subject to government legislation.
58. All entries become the property of the Promoter. The Promoter collects personal information
about you to enable you to participate in this promotion but no further use of this information
will be made without prior consent.
59. The Promoter and its officers, employees and agents shall not be liable for any loss or damage
whatsoever which is suffered (including but not limited to indirect or consequential loss) or for
any personal injury suffered or sustained in connection with any prize/s except for any liability
which cannot be excluded by law. The Promoter and its officers, employees and agents are not
responsible for any incorrect or inaccurate information, either caused by the phone user or for
any of the equipment or programming associated with or utilised in this Competition, or for any
technical error, or any combination thereof that may occur in the course of the administration
of this Competition including any omission, interruption, deletion, defect, delay in operation or
transmission, communications line or telephone, mobile or satellite network failure, theft or
destruction or unauthorised access to or alteration of entries.
60. Subject only to terms 65, 66 and 67, you acknowledge and agree that the Administrators have
caused the Promoter to promote this Competition on the basis of these Terms and Conditions
in their capacity as voluntary administrators and therefore agents of the Promoter, and the
Administrators are not personally entering into, adopting or assuming any personal liability in
relation to these Terms and Conditions.
61. The Administrators will be personally liable in relation to these Terms and Conditions to the
extent provided for in section 443A of the Corporations Act insofar as they are incurring a debt
or debts for services rendered, goods supplied or property hired, leased, used or occupied.
62. If the Administrators have any personal liability in relation to these Terms and Conditions, then
subject to term 67:
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(a) the Administrators will not be personally liable in relation to these Terms and Conditions to
the extent that such liability exceeds their right of indemnity out of the assets of the Promoter
pursuant to the Corporations Act, at law or in equity or otherwise; and
(b) you release the Administrators in respect of any shortfall between any personal liability in
relation to these Terms and Conditions and the extent of their indemnity out of the assets of the
Promoter, and agree not to seek to recover any such shortfall from the Administrators
personally.
63. Any liability of the Administrators in relation to these Terms and Conditions arising from their
own wilful misconduct, wilful default or fraud is not waived, released or limited by terms 64-74.
64. The Receivers were appointed as joint and several receivers and managers of various assets of
the Promoter on 30 June 2017. The Administrators have an arrangement with the Receivers
under which the Administrators will continue to manage the day-to-day business of the
Promoter. You acknowledge and agrees that the Receivers act in their capacity as receivers and
managers and therefore agents of the Promoter, and are not personally adopting these Terms
and Conditions and, to the extent permitted by law, do not assume any personal liability
pursuant to them.
65. If the Receivers have any personal liability in relation to these Terms and Conditions, then
subject to term 70:
(a) the Receivers will not be personally liable in relation to these Terms and Conditions to the
extent that such liability exceeds their right of indemnity out of the assets of the Promoter
pursuant to the Corporations Act, at law or in equity or otherwise; and
(b) you release the Receivers in respect of any shortfall between any personal liability in relation
to these Terms and Conditions and the extent of their indemnity out of the assets of the
Promoter, and agree not to seek to recover any such shortfall from the Receivers personally.
66. Any liability of the Receivers in relation to these Terms and Conditions arising from their own
wilful misconduct, wilful default or fraud is not waived, released or limited by terms 64-74.
67. Neither the Administrators nor the Receivers nor any of their partners, directors, officers,
employees, agents, attorneys, related bodies corporate (as defined in sections 9 and 50 of the
Corporations Act) or successors is personally responsible to you for, or will be personally liable
(whether in negligence or on any other ground whatever) in respect of:
(a) to the extent permitted by law or an order of a court, any failure by the Promoter to perform
its obligations under these Terms and Conditions; or
(b) the accuracy or validity of any representation, warranty or undertaking provided by the
Promoter in relation to or in connection with these Terms and Conditions; or
(c) any action taken or omitted to be taken by the Promoter under these Terms and Conditions
except in the case of its own wilful misconduct or gross negligence.
68. The Promoter holds the benefit of terms 64-74 for the Administrators and the Receivers. You
agree with the Promoter that, if required by the Promoter to do so, you will execute a deed poll
in favour of the Administrators and the Receivers on, or consent to orders being made by a court
in, substantially the same terms as terms 64-74.
69. Notwithstanding any other term of these Terms and Conditions, terms 64-74 will be paramount
and the liability of the Administrators and the Receivers will be limited by these terms.
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70. With your express consent to do so, (and by ticking the box to confirm opting in to receive
information from Qantas Holidays, Qantas Holidays will handle entrant’s personal information
(e.g. first name, last name, address, suburb, state, postcode, phone number, email address,
gender, date of birth) in accordance with their Privacy Policy which can be accessed at
www.packages.qantas.com/privacy-policy-qh. Qantas Holidays’ Privacy Policy may be updated
from time to time and it will be the entrant’s responsibility to keep up to date with any changes
to the Privacy Policy. The entrant may at any time, opt out of receiving contact from Qantas
Holidays by sending an email to privacyofficer@helloworld.com.au.
71. Entry into this competition provides automatic approval for The Promoter to collect your
personal information in accordance with their privacy policy which can be viewed at
http://tenplay.com.au/privacy. There will be an opt-out check box included on the tenplay
members page where entrants can check the box to not receive promotional material from The
Promoter. The Promoter’s privacy policy may change over time and it is the responsibility of
the entrant to keep themselves informed of these changes. If an entrant wishes to check the
personal details held by The Promoter, or be removed from the opt-in database they should
contact The Promoter: details for contact found at http://tenplay.com.au/contact-us.
72. You consent to The Promoter collecting your personal information for the purpose of
conducting and promoting this Competition (including but not limited to determining and
notifying the winner and prize fulfilment). Your personal information may be disclosed to a
third party as a result of entering this competition, including but not limited to WTFN
Entertainment Pty Ltd, Ansible Pty Ltd and MultiChannel Network Pty Ltd. Your personal
information may be disclosed to State and Territory lottery departments and winners’ initial,
surname and State published as required under the relevant lottery legislation. For purposes of
public statements and advertisements The Promoter will only publish the winner’s initial,
surname and State. A request to access, update or correct any information should be directed
to the Promoter. If you are not willing for this to occur you cannot participate in the promotion.
73. The Promoter is bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth)
and by entering the Competition, you (the entrant) are taken to consent to the privacy policy of
Network Ten Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) which
contains information, amongst other things, about how you may access personal information
that is held by Network Ten Pty Limited (Administrators Appointed) (Receivers and Managers
Appointed) about you and seek correction of such information. See
www.tenplay.com.au/privacypolicy to view in full the APP Privacy Policy of Network Ten Pty
Limited (Administrators Appointed) (Receivers and Managers Appointed). Our APP Privacy Policy
also contains information about how you may complain about a breach of the APPs, or a
registered code that is binding on our organisation and how Network Ten Pty Limited
(Administrators Appointed) (Receivers and Managers Appointed) will deal with such complaints.
We may disclose your personal information to related entities and third party service providers
outside Australia.
74. The Promoter is Network Ten Pty Limited (Administrators Appointed) (Receivers and Managers
Appointed) (ABN: 91 052 515 250) of 1 Saunders Street, Pyrmont NSW 2009.
75. Permit Approvals: ACT: TP 17/02236, NSW: LTPS/17/19243, SA: T17/2081.
76. Definitions
Administrators means Mark Korda, Jarrod Villani and Jennifer Nettleton of KordaMentha, Level
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5, Chifley Tower, 2 Chifley Square, Sydney NSW 2000 as joint and several voluntary
administrators of TEN, and includes any person who replaces any of the Administrators, and the
agents, partners and employees of the Administrators.
Chapter 5 Body Corporate has the meaning given to that term in the Corporations Act.
Corporations Act means the Corporations Act 2001 (Cth).
Receivers means Christopher Hill, Phillip Carter and David McEvoy of PPB Advisory, Level 7, 8
Chifley, 8-12 Chifley Square, Sydney NSW 2000 as joint and several receivers and managers
appointed to various assets of TEN and includes any person who replaces any of the Receivers,
and the agents, partners and employees of the Receivers.