Win a seafood demonstration with Matt Moran! Foxtel Access

Lifestyle: ‘Seafood Soiree with Matt Moran’
COMPETITION TERMS & CONDITIONS
DEFINITIONS
1. The following definitions apply to these Terms and Conditions:
a) “Closing Date” means 23:59hrs on Friday 18 November, 2016
b) “Commencement Date” means 9:00hrs on Friday 4 November, 2016
c) “Draw Date” means 10:00hrs on Tuesday 22 November, 2016
d) “Entrant” means a person who enters the Promotion.
e) “Prize” means the prize offered in the Promotion.
f) “Promoter” means Foxtel Management Pty Ltd ABN 65 068 671 938, of 5
Thomas Holt Drive, North Ryde, NSW 2113.
g) “Promotion” means this competition.
h) “Promotion Period” means the period between the Commencement Date and
the Closing Date.
i) “Publication Date” means Thursday 24 November, 2016
j) “Relevant Parties” means the Promoter and the agencies and companies that
are associated with the Promoter or the Promotion.
k) “Supplier” means the supplier of the Prize.
l) “Website” means the Foxtel Access website, located at
https://www.foxtel.com.au/access/index.html
m) “Winner” means the Entrant who wins the Prize, including in the Unclaimed
Prize Draw.
n) “Unclaimed Prize Draw” has the meaning set out in clause 25.
o) “Unclaimed Prize Draw Date” means Wednesday 23 November 2016.
p) “Unclaimed Publication Date” means Friday 25 November 2016
2. All times and dates are times and dates in Sydney, which may be AEST or AEDT
depending on the date. All times are stated using the 24-hour clock. 00:00hrs is
the start of a day and 24:00hrs is the end of a day.
PARTICIPATION
3. The Promotion is conducted by the Promoter.
4. The Promotion is a game of chance, and skill plays no part in determining the
Winner.
5. Entry to the Promotion constitutes acceptance of these Terms and Conditions. By
entering the Promotion, Entrants accept and acknowledge full responsibility for
their decision to participate in the Promotion and to take the Prize if they are the
Winner.
6. All entry instructions and prize information published by the Promoter form part of
these Terms and Conditions.
7. This Promotion will be advertised on the Website and in electronic direct mail to
consenting Foxtel customers.
8. An Entrant is eligible to win the Prize if they:
a) are a permanent resident of Australia; and
b) are over the age of 18; and
c) are either:
i. a Foxtel, Foxtel Play, subscriber or live in a household with a Foxtel,
Foxtel Play, subscription and have the subscriber‟s permission to
enter the Promotion, and the subscription account is not in arrears
from the Commencement Date until the Unclaimed Prize Draw Date;
OR
ii. are employed by a Foxtel Business subscriber and have the
subscriber‟s permission to enter the Promotion, and the subscription
account is not in arrears from the Commencement Date until the
Unclaimed Prize Draw Date; and
d) are not employees of:
i. the Promoter, Optus, or Telstra
ii. the Supplier;
iii. any corporations or agencies related to the entities in paragraphs i.
and ii. above; or
iv. any of the Relevant Parties; or
e) are not a spouse, de facto spouse, parent, child or sibling (whether natural
or by marriage or adoption) of a person who is an employee of any of the
entities listed in paragraph d) above.
9. Entry to the Promotion commences on the Commencement Date and closes on
the Closing Date.
ENTRY
10. To enter the Promotion, an Entrant must, during the Promotion Period:
a) go to the Website; and
b) click on the Promotion link; and
c) complete all of the required data entry fields on the entry form.
11. An Entrant‟s entry must not be:
a) late;
b) delayed;
c) incomplete;
d) incomprehensible;
e) unlawful or capable of violating any law or giving rise to a civil action;
f) obscene;
g) defamatory or libellous;
h) threatening or harassing;
i) pornographic or contain nudity;
j) hateful;
k) offensive against a person or group of persons on the grounds of age, colour,
gender, national or ethnic origin, disability, race, religion or sexual preference;
l) incite or be capable of encouraging conduct that would be considered a
criminal offence;
m) in violation of the social media guidelines, rules or terms of service of the
relevant social media site or platform used to enter the Promotion.
12. An Entrant may enter the Promotion a maximum of once a day during the
Promotion Period, provided that each answer to the Entry Question is
unique.
13. Entrants must ensure that their entries are received by the Promoter during the
Promotion Period. All entries are deemed to be received at the time of receipt by
the Promoter, not the time of transmission by the Entrant. The Promoter takes no
responsibility for late, lost or misdirected entries or for any delays or failures in
any telecommunications services or equipment.
14. Entry via the Website is free. However, any costs associated with accessing the
Website are the responsibility of the person seeking access and are dependent
on the internet service provider used.
15. Entrants must make their Website entries manually using an internet browser.
The Promoter may reject an entry if it reasonably forms the opinion that the entry
has been made using automated entry means or by use of a computer entry
service.
16. Should an Entrant‟s contact details change at any time between the date on
which they enter the Promotion and the Unclaimed Prize Draw Date, that Entrant
must notify the Promoter of their correct contact details immediately.
17. All entries to the Promotion may be subject to verification by the Promoter. An
Entrant must, within seven (7) days of being asked, at the Promoter‟s cost allow
the Promoter to inspect and copy any other documents the Promoter may request
establishing eligibility to enter the Promotion, including but not limited to evidence
of age, residence and/or identity.
18. The Promoter may decide in its sole discretion which documents are considered
suitable for establishing eligibility to enter or win. In the event that the Winner
cannot provide suitable proof of eligibility, they will forfeit the Prize in whole and
no substitute or compensation will be offered.
19. Any entry that is made on behalf of an Entrant by a third party, or otherwise by
proxy, will be invalid.
20. The Promoter may, at its absolute discretion, declare any or all entries made by
an Entrant to be invalid if the Entrant:
a) fails to establish their entitlement to win the Promotion to the Promoter‟s
satisfaction; or
b) fails to produce items as required by clause 17 or produces items that
appear to be illegible, stolen, forged, reconstructed, altered, incomplete
or tampered with in any way; or
c) appears, to the Promoter, to have tampered with, or benefited from
tampering with, the entry process; or
d) has submitted an entry that is not in accordance with these Terms and
Conditions.
WINNERS
21. There will be one (1) Winner drawn from all entries received during the Promotion
Period. The Winner will receive the Prize.
22. The Winner will be drawn electronically on the Draw Date by Salmat Digital Pty
Limited, Level 2, 116 Miller Street, North Sydney, NSW 2060.
23. The Promoter‟s decisions are final and no correspondence will be entered into.
24. The Winner will be notified by phone and in writing within two (2) days of the
Draw Date. The Winner‟s name will be published in The Australian newspaper on
the Publication Date.
25. All reasonable attempts will be made to contact the Winner. Subject, where
relevant, to any directions given under the legislation regulating the Promotion, if
the Prize is:
a) not claimed by the Winner by 09:00hrs on the Unclaimed Prize Draw
Date; or
b) forfeited for any reason,
the Prize will be awarded to another Entrant in an unclaimed prize draw (the
“Unclaimed Prize Draw”), which will take place at [09:30hrs on the Unclaimed
Prize Draw Date and will be conducted by Salmat Digital Pty Limited at Level 2,
116 Miller Street, North Sydney NSW 2060. The Winner of the Unclaimed Prize
Draw will be notified by phone and in writing within two (2) days of the Unclaimed
Prize Draw Date. The name of the Unclaimed Prize Winner will be published in
The Australian newspaper on the Unclaimed Publication Date.
PRIZES
26. The Prize is as follows:
a) Return economy airfares for the Winner and one (1) guest from the winner‟s
nearest Australian capital city to Sydney Airport (“the Airport”), valued at a
maximum of $1,200.00 and
b) One (1) nights‟ accommodation for the Winner and one (1) guest in Bondi,
Sydney, at a minimum three (3) star hotel (“the Hotel”) on a twins-share or
double room basis, valued at a maximum of $500.00; and
c) Transfer to and from the Airport and Hotel for the Winner and one (1) guest,
valued at a maximum of $250.00
d) Transfer to and from the Hotel to the „Seafood Soiree with Matt Moran‟ event
for the Winner and one (1) guest, valued at a maximum of $100.00
e) Tickets for the Winner and one (1) guest to the „Seafood Soiree with Matt
Moran‟ event in Sydney on Monday 28 November, 2016, valued at a
maximum $250.00
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM
OF $2,300.00
27. All Prize values are correct as at Tuesday 18 October, 2016 and are reflective of
the recommended retail price and are in Australian dollars. The Promoter takes
no responsibility for any variations in the Prize values.
28. If the Prize (or any part of the Prize) is unavailable for any reason, the Promoter
will, in its absolute discretion, substitute alternative goods or services of no lesser
retail value and/or specification, subject to the approval of the authorities that
have issued permits for the conduct of the Promotion. The Promoter accepts no
other liability or responsibility for any loss incurred by the Winner or any other
party if the Prize (or any part of the Prize) is unavailable for any reason.
29. The Prize cannot be refunded or exchanged and, except as expressly permitted
by these Terms and Conditions, cannot be taken as a monetary payment.
30. The Prize may be transferred at the Promoter‟s sole discretion. In the event that
the Promoter exercises its discretion to allow the Winner to transfer the Prize, the
transfer will be on the condition that the transferee accepts all terms and
conditions set out in these Terms and Conditions and the Promoter may require
such acceptance in writing at its absolute discretion.
31. The Promoter reserves the right to refuse to allow a Winner to take part in an
aspect of a Prize, if the Promoter determines, based on the advice of an
appropriate and relevant medical professional, that a Winner is not in the mental
or physical condition necessary to be able to safely participate in that aspect
Prize.
32. The Winner is advised that tax implications may arise from them winning the
Prize and they should seek independent financial advice prior to accepting the
Prize.
33. If the Draw Date or Unclaimed Prize Draw Date is a public holiday, the draw will
be conducted on the following business day.
34. The Prize cannot be used in conjunction with any other discounts or special
offers.
35. The Prize will be awarded to the person named in the winning entry.
36. The Prize will be awarded to the Winner in the Promoter‟s sole discretion.
37. Unless expressly stated, all costs and expenses associated with taking the Prize
become the responsibility of the Winner and their guest, including:
a) additional taxes (excluding departure and any other flight-associated
taxes, where flights are included in the Prize);
b) costs associated with inoculations, passports and/or visa applications;
c) transfers;
d) travel insurance;
e) spending money;
f) meals;
g) transport to/from an airport departure or return point;
h) any extra sightseeing or activities; and
i) all other incidental and ancillary costs incurred by the Winner and/or their
guest as a direct or indirect result of taking the Prize.
38. The Winner and their guest must ensure that they have valid documentation for
travel.
39. The Winner and their guest are responsible for any amendment fees issued by
airlines or suppliers once booking is confirmed and ticketed.
40. All aspects of the Prize must be taken together as a package. The Prize must be
taken on Monday 28 November, 2016 In the event that for any reason
whatsoever the Winner does not take the Prize or an element of the Prize at the
time stipulated by the Promoter, the Prize or that element of the Prize will be
forfeited by the Winner.
41. Any cash component of the Prize will be issued to the Winner as a cheque in the
Winner‟s name and crossed “not negotiable.”
42. Airline tickets are available on the regular scheduled services of each airline and
are subject to seasonal embargoes. Flight itinerary may have to be adjusted
depending on the airlines‟ departure city and their current flight schedule.
43. If the Winner is a resident of New South Wales, Australia, they will forfeit the
domestic flight component of the Prize and no substitute prize will be offered.
44. Frequent Flyer points are not available for any of the flights included in the Prize.
45. Airline tickets included in the Prize cannot be used as part-payment of another
airfare.
46. If the Winner and/or their guest determine that travel insurance is required, they
will be responsible for arranging and paying for such travel insurance.
47. The Winner and their guest must travel at the same time, including flights and
accommodation. The Winner and their guest must depart from and return to the
same capital city airport in Australia, being the capital city airport that is closest to
the Winner‟s place of residence. The Winner and their guest are responsible for
transport to and from their residence to the Winner‟s nearest capital city airport.
48. The accommodation will be one (1) room to be shared by the Winner and their
guest.
49. A credit card imprint or cash deposit may be required from the Winner and/or
their guest at check-in to the hotel, for all incidental charges.
50. The Promoter makes no representation as to the safety conditions or any other
conditions that may exist at any destination.
51. By entering the Promotion, the Winner and their guest agree that:
a) if requested by the Promoter, the Winner and their guest will:
i. provide comments about the Promotion and/or a photograph or
audio-visual clip of themselves; and
ii. participate in a promotional shoot in connection with the Promotion;
b) the Promoter may use their name, image, comments, photographs or clips
(“Materials”) for publicity and promotional purposes in any form of media,
without reference or compensation to the Winner and their guest or any other
person;
c) the Promoter may use, reproduce, edit and communicate to the public the
Materials at any time in any form of media;
d) the Promoter may license, authorise or otherwise transfer the rights in the
Materials to others to do the same; and
e) the Winner and their guest unconditionally and irrevocably consent to any act
or omission that would otherwise infringe any of their moral rights in the
Materials and waive all moral rights in the Materials that arise outside
Australia.
GENERAL
52. The Promoter reserves the right to take any action necessary in its sole discretion
at any time, subject to any direction given under State permit regulations.
53. To the full extent permitted by the law, the Relevant Parties will not be liable for
any loss, damage, claim, cost, expense or personal injury suffered or sustained
(including, but not limited to, that caused by any person‟s negligence) by any
Entrant in connection with the Promotion or the Prize, including:
a) any indirect, economic or consequential loss or loss of profits;
b) any loss arising from the negligence of a Relevant Party; and
c) any liability for personal injury or death.
54. If, for any reason, the Promotion is not capable of running as planned, including,
without limitation, due to infection by computer virus, bugs, tampering,
unauthorised intervention, fraud, technical failures, or any other causes beyond
the control of the Promoter that corrupt or affect the administration, security,
fairness or integrity, or proper conduct of the Promotion, the Promoter reserves
the right in its sole discretion to disqualify any individual who tampers with the
entry process or take any other action, including to cancel, terminate, modify, or
suspend the Promotion subject to any direction given under the relevant
State/Territory permit regulations.
55. The Winner acknowledges that the Prize may be subject to additional terms and
conditions imposed by third parties. The Winner must become acquainted with
any such additional terms and conditions prior to taking the Prize. The Promoter
does not accept any responsibility and is not liable for any additional conditions
imposed on the taking of the Prize, or for the breach of those conditions by any
person.
56. Except for any liability which cannot be excluded by law, the Promoter is not responsible for:
a) any problems or technical malfunction with any telephone network or
lines, computer online systems, servers or providers, computer
equipment, or software, or any technical problems or traffic congestion
on any computer system or at any website, or any combination thereof,
including (but not limited to) any injury or damage to participants or any
other person‟s property related to or resulting from participation in the
Promotion;
b) any incorrect or inaccurate information, caused either by users, by any of
the equipment or programming associated with or used in connection
with the Promotion, or by any technical error that may occur in the
course of the Promotion; or
c) 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 or Entrants‟ details.
57. Any attempt to cause damage to any website or the information on any website
associated with this Promotion or to otherwise undermine the fair and legitimate
operation of this Promotion may be a violation of criminal and civil laws. The
Promoter reserves the right to seek damages in the fullest extent permitted by
law in the event that any such attempt is made, whether or not that attempt
results in any such damage, interference or undermining.
58. These Terms and Conditions are governed by the laws of New South Wales and
each of the relevant State authorities.
59. These rules are Terms and Conditions and constitute the entire terms and
conditions between the Entrant and the Promoter with respect to the Promotion.
The Promoter may alter, modify, or amend these Terms and Conditions, subject
to the approval of the authorities that have issued permits for the conduct of the
Promotion. The Promoter will provide Entrants with notice of substantial
amendments.
60. All entries become the property of the Promoter.
61. Authorised under the following permit numbers:
NSW: LTPS/16/08752
PRIVACY
62. The Promoter is bound by the Australian Privacy Principles in the Privacy Act
1988. Entrants‟ personal information will be collected, used and disclosed as set
out in the Foxtel Competition Privacy Notice for this Promotion (at
https://www.foxtel.com.au/got/support/accounts-billing/legal/comp-privacynotice.html)
and the Foxtel Privacy Policy (at http://www.foxtel.com.au/aboutfoxtel/privacy/default.htm).