Channel Ten – The Project Competition

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Network TEN
Murder on the Orient Express Competition
Terms and Conditions
1. Information on how to enter forms part of the terms of entry. Entry into the Murder on the
Orient Murder 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 (Administrators Appointed) (Receivers and
Managers Appointed) (the “Promoter”) 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.
3. Entrants under 18 years of age must have the prior approval of their parent or guardian to
enter.
4. Entrants who have won a prize in any Network Ten competition in the past 12 months are not
eligible to win a prize in this competition.
Competition Period
5. The competition commences on Sunday 29 October 2017 at 09:00 AEDT and closes on Sunday
12 November 2017 at 23:59 AEDT (“Competition Period”).
6. The Competition will be advertised on, but not limited to, Network TEN, www.tenplay.com.au.
How to Enter
7. To participate in the Competition entrants must
a. Log on to tenplay.com.au and register their details including (but not limited to) name,
address, phone number, email address, gender and interest, to become a TENPlay
member.
b. Answer the question on the competition page in 25 words or less
8. 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.
9. Incomprehensible and incomplete entries will be deemed invalid.
10. A limit of one online entry per day per TENPlay member applies.
11. Entries must be received by Sunday 12 November 2017 at 23:59 AEDT to be included in the
Prize judging. Each valid entry received over the duration of the Competition Period will be
entered into the Prize judging.
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12. 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.
13. This is a game of skill; chance plays no part in determining the winner. Each entry will be
individually judged based on its literary and creative merit of the answer to the question
provided. The judges’ decision in relation to any aspect of the competition will be final and
binding on every person who enters. No correspondence will be entered into.
14. The Promoter is entitled to use any of the entries submitted in any manner and for any purpose
at its absolute discretion, including promotional, marketing and publicity purposes without any
further reference or payment or other compensation to the entrant. The Promoter is entitled
to amend, edit, select, crop, retouch, add to or delete from any part of the submitted entry.
15. The Entrant warrants to the Promoter the entry submitted is an original literary work of the
Entrant that does not infringe the rights of any third parties. If the entry or any part of the
information provided to the Entrant in relation to the entry was provided by a third party, the
Entrant warrants they have obtained the relevant copyright permission to submit the entry for
the purposes of this promotion. The entrant agrees to indemnify the Promoter against all
claims and costs by third parties arising from a breach of the warranty set out in this condition.
16. Entries must not be offensive, defamatory or racist. Any entry which the judges deem
inappropriate will be invalid. The entrant agrees to indemnify the Promoter.
17. 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.
18. 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. The method of determining an entrants’ validity is at the discretion of
the Promoter. Error and omissions will be accepted at the Promoter’s discretion. Failure by the
Promoter, its officers, employees or agents to enforce any of the Promoter’s rights at any stage
does not constitute a waiver of those rights.
19. 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 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.
20. Winners will be judged from all entries received throughout the competition period and One (1)
Major Prize Winner will be selected by a judging panel at Network TEN at 1 Saunders Street,
Pyrmont NSW 2009 on Monday 13 November 2017 from 10:00 AEDT. The Winner will be the
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Entrant who, in the sole opinion of the judges, has submitted the most creative and original 25
words or less answer to the question on the competition page. The Prize Winner will be notified
by phone call within two (2) days of judging and in writing and the winner’s details will be
published on the TENPlay website at tenplay.com.au from Tuesday 14 November 2017.
21. An entry that is made on behalf of an entrant by a third party will be invalid.
22. All reasonable attempts will be made to contact the Winner. If the Prize remains unclaimed by
the winner or unallocated or forfeited for any reason, by Wednesday 13 December 2017 at
10:00 AEDT, the Prize/s will be re-allocated to the entrant that has submitted the entry which
best meets the judging criteria excluding the entrant that has failed to claim the prize. This
Unclaimed Prize Determination will take place at Network TEN at 1 Saunders Street, Pyrmont,
NSW 2009 at Wednesday 13 December 2017 from 10:30 AEDT. The Winner of the Unclaimed
Prize Determination will be notified by telephone and in writing within 2 days of the Unclaimed
Prize Determination and will be published on the TENPlay website at tenplay.com.au from
Thursday 14 December 2017.
Prize Details
23. There will be One (1) Major Prize Winner judged from all entries received (Online) who will win
the following prize package:
Number Prize Details AUD Value
1 x
Major Prize
Roundtrip economy flights from the Major Prize Winner’s
nearest major International Airport in mainland Australia
(Adelaide; Brisbane; Cairns; Canberra; Darwin; Melbourne;
Perth; Sydney), flying into Paris, France, and returning from
London, UK
Airport transfers in Paris and London
Three (3) nights’ luxury 5* hotel accommodation in Paris
Three (3) nights’ luxury 5* hotel accommodation in London
Private 3 (three) hour after-dark guided tour of Paris for two
(2) people
Dinner for two (2) people at a Top Art Deco Restaurant in
Paris
Premiere Class Train Journey from Paris to London for two
(2) people (approximately 2-5 hours) including:
– Priority check in
– Access to premier lounge and carriage
– Three-course lunch designed by a Michelin star Chef
– 75cl bottle of Champagne
Private station transfers in Paris and London
Two (2) tickets to a Top Agatha Christie West End Show
Champagne afternoon tea for two (2) people at Agatha
Christie’s favourite hotel
$5,655.00
$220.00
$1,350.00
$1,350.00
$170.00
$205.00
$1,140.00
$170.00
$170.00
$230.00
TOTAL PRIZE VALUE – AUD $10,660.00
24. The total Prize Pool is valued at $10,660.00 (including GST). The Promoter and its officers,
employees and agents accept no responsibility for a change in prize value between now the
ultimate Major Prize redemption date.
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25. Any ancillary costs associated with redeeming the prize/s are not included. These are the
responsibility of the winner.
26. 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.
27. 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 the Winner is
not entitled to, are 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
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.
28. In acceptance of the prize, the Winner acknowledges that they may incur ongoing costs
associated with the prize which are the entire responsibility of the winner.
29. The Major Prize travel must be completed by 30 November 2018, is subject to availability, and is
based on two (2) people 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.
30. 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.
31. The Promoter and its officers, employees and agents are neither responsible nor liable for any
damaged, delayed or lost in transit in the delivery of the prizes.
32. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding
the Competition result.
33. 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.
34. 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.
35. The Promoter supports the responsible consumption of alcohol and guidelines can be found at
http://www.alcohol.gov.au/internet/alcohol/publishing.nsf/Content/guidelines.
36. 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.
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37. If the Major Prize winner does not provide proof of meeting the age restriction and other valid
entry requirements of notification of winning, the Major Prize will be forfeited in full, and the
winner will have no further claim. A re-judge will be held to award the Major Prize to a valid
entrant.
38. Dates of travel within holiday periods are subject to availability. The prize cannot be taken over
Christmas, New Year or Public Holidays in the departure or arrival country.
39. A valid credit or debit card will be required to guarantee your room on check in; stay must
include a Saturday night in the hotel; the prize excludes domestic ground transfers, meals and
drinks, excursions, attractions, treatments, visas, personal expenses and anything not expressly
stated in the prize package; all elements of the prize are subject to availability; if unavailable,
experiences and items of a similar nature and value may be offered; hotel will be selected by
prize provider at their sole discretion.
40. Winners must contact prize provider with three preferred travel dates no later than six weeks
prior to departure; once booked, the prize cannot be amended or cancelled; prize is non-
refundable and non-transferable; no cash alternative is available; all travellers will require a
passport valid for at least 6 months on date of travel; any necessary visas or insurance are the
responsibility of the winner and guests.
41. Travel is valid for twelve (12) months from the initial judging date. Winners who do not travel
within twelve (12) months will become null and void and will no longer be entitled to their
grand prize. The Major Prize Winner must advise The Promoter of their intended dates of travel
by July 30, 2018.
42. 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.
43. 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.
44. 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.
45. Air tickets are available on the regular scheduled services of each 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.
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46. 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.
47. It is the traveller’s personal responsibility to ensure that 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.
48. It is the responsibility of the winner (and their travelling companion/s) to obtain all relevant
passports (with at least 6 months validity from the date of return), ESTA forms and visas and
vaccinations if required. Any costs associated with this are not included in the prize package.
Costs are the responsibility of the Major Prize Winner and their travelling companion/s.
49. As it is the traveller’s personal responsibility to ensure that 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 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.
50. 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.
51. 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.
52. It is a condition of accepting the prize the winner may be required to sign a legal release in a
form determined by the promoter in its absolute discretion.
53. 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 re-judge will take place
to reallocate the Major Prize to a valid winner.
54. 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.
55. 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
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this Competition, 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.
56. If your entry is selected as a winning entry, validation of your circumstances, the validity of your
entry will be undertaken by the Promoter. 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 as per the terms and conditions herein. 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.
57. 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.
58. 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.
59. 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.
60. 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.
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61. Subject only to terms 62, 63 and 64, 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.
62. 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.
63. If the Administrators have any personal liability in relation to these Terms and Conditions, then
subject to term 64:
(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.
64. 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 61-70.
65. 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.
66. If the Receivers have any personal liability in relation to these Terms and Conditions, then
subject to term 66:
(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.
67. 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 61-70.
68. 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
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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.
69. The Promoter holds the benefit of terms 61-70 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 61-70.
70. Notwithstanding any other term of these Terms and Conditions, terms 61-70 will be paramount
and the liability of the Administrators and the Receivers will be limited by these terms.
71. 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 Ansible Pty Ltd
and MultiChannel Network Pty Ltd. Your personal information may be disclosed to State and
Territory lottery departments and winners’ names published as required under the relevant
lottery legislation. For purposes of public statements and advertisements The Promoter will
only publish the winner’s surname, initial 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.
72. 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.
73. 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.
74. Definitions
Administrators means Mark Korda, Jarrod Villani and Jennifer Nettleton of KordaMentha, Level
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).
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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.