TERMS & CONDITIONS:
Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The promoter is Twentieth Century Fox Home Entertainment Pty Ltd (ABN 16 007 525 920) of Level 3, Frank Hurley Grandstand, 38 Driver Avenue, Moore Park NSW 2031, telephone (02) 8353 2100 (“Promoter”).
TERMS & CONDITIONS:
Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The promoter is Twentieth Century Fox Home Entertainment Pty Ltd (ABN 16 007 525 920) of Level 3, Frank Hurley Grandstand, 38 Driver Avenue, Moore Park NSW 2031, telephone (02) 8353 2100 (“Promoter”).
3. Entry is only open to Australian residents. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
4. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex- spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step- parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step- brother, step-sister or 1st cousin.
Promotion commences on 05/09/2016 and final entries close at 11:59pm AEST on 02/10/2016 (“Promotional Period”).To enter, individuals must visit [https://areyouin.nine.com.au follow the prompts to the promotion entry page, input their requested personal details, including but not limited to their full name and a valid email address, provide an answer in 25 words or less to the promotional question “describe in 25 words or less your ideal foodora night in to win one out of 10 x Foodora Vouchers to the value of $100” and submit the fully completed entry form so it is received during the Promotional Period.
By submitting an entry into this promotion, individuals agree to be added to the Promoter’s Access All Areas database and for their personal information to be handled in accordance with clause 27.
5. Incomplete or indecipherable entries will be deemed invalid.
6. Only one (1) entry is permitted per person.
7. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
8. 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.
9. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on literary and creative merit of the answer provided to the
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promotional question Entries will be judged at the Promoter’s offices, commencing on 03/10/2016. 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.
The winner will be notified by email and/or telephone.
The Promoter’s and judge’s decision is final and no correspondence will be entered into.
The 10 best valid entry, as determined by the judges, will win 2 x $50 Foodora Vouchers.
If a winner is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.
If for any reason the winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.
If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.
Total prize pool value is $1000.
Prize is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified by the Promoter.
To redeem your Foodora Gift Voucher, please complete an order on foodora.com and enter the relevant codes online.
Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to answers to the promotional question (“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 the Promoter may deem 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 literary work of the entrant that 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
a) It is the Gift Voucher holder's responsibility to ensure the gift voucher is redeemed before the expiry date of their gift voucher.
b) Any vouchers, promotions or gift cards offered by foodora cannot be redeemed or refunded for cash
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(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.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
d) As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
e) Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
f) 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.
g) Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
h) Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non- Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
i) Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) taking/use of the prize.
j) The Promoter collects personal information ("PI") in order to conduct 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
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authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at http://www.foxprivacy.com/au/privacy.html. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter 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. The Privacy Policy contains information about how entrants may opt out, access, update or correct their personal information, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. Entrants’ personal information may be disclosed to entities outside of Australia in accordance with the Privacy Policy.
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