NO PURCHASE OR OTHER CONSIDERATION NECESSARY TO PARTICIPATE. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
USE CAUTION AND COMMON SENSE WHEN PARTICIPATING IN THIS PROMOTION. RESPECT AND ENSURE THE SAFETY OF YOURSELF AND OTHERS. DO NOT TRESPASS OR HARM ANYONE’S PROPERTY.
By entering and participating in this Promotion, you (“You”) agree to be bound by these Terms of Participation (the “Terms”) and represent that you satisfy all of the eligibility requirements below. This Promotion is subject to these Terms and to all applicable laws and regulations.
NO PURCHASE OR OTHER CONSIDERATION NECESSARY TO PARTICIPATE. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
USE CAUTION AND COMMON SENSE WHEN PARTICIPATING IN THIS PROMOTION. RESPECT AND ENSURE THE SAFETY OF YOURSELF AND OTHERS. DO NOT TRESPASS OR HARM ANYONE’S PROPERTY.
By entering and participating in this Promotion, you (“You”) agree to be bound by these Terms of Participation (the “Terms”) and represent that you satisfy all of the eligibility requirements below. This Promotion is subject to these Terms and to all applicable laws and regulations.
THIS IS A GAME OF SKILL. NO ELEMENT OF CHANCE WILL DETERMINE THE REWARD RECIPIENTS.
1. THE ORGANIZER
1.1 This Promotion is run by Red Bull Australia Pty. Ltd. whose registered office is located at Level 1, 55 Doody Street, Alexandria, NSW, 2015, Australia, with the support of the Red Bull’s cooperation partners, agencies and service providers (”Organizer”).
1.2 In the event this Promotion is run via one or more third party platform(s), the Promotion is not linked to the third party platform(s) and is not organized, endorsed or administered by, or associated in any way by the third party platform(s). Your use on the third party platform(s) is subject to the terms and conditions located on such site. The Organizer disclaims any liability should You fail to comply with the third party platform(s) terms and conditions.
2. THE PROMOTION (the “Promotion”)
2.1 The title of the Promotion is Red Bull Music Motel.
2.2 This Promotion is entirely free of charge to enter.
2.3 This Promotion starts on 3 August 2020, 12:00:00 am AEST and ends on 28 September 2020, 05:00:00 pm AEST (inclusive). All entries must be received by the Organizer before the closing date. All entries received after the closing date are automatically disqualified.
3. ELIGIBILITY
3.1 In order to enter this Promotion and be eligible to get a reward, You represent and warrant that You satisfy the following eligibility criteri
You acknowledge that You are a natural person 18 years of age or older at the time of entry. Persons under the age of 18 years of age are not allowed to participate in this Promotion or transmit or otherwise submit Personal Data (all data relating to You, such as Your contact details, Promotion responses and photographs) to the Organizer. It is voluntary to provide us with Your Personal Data; however, You will not be able to enter the Promotion if You do not supply all required Personal Data.
The Promotion is only open to residents of Australia. Please note that the Organizer is not liable in cases where Participants are not legally allowed to take part in the Promotion due to national or local laws.
The Organizer is not responsible in case a Participant is not physically or mentally able to perform any or all of the described tasks; there is no legal right to participate in this Promotion whatsoever. Organizer is not liable in case a Participant injures him-/herself while performing actions with regard to this Promotion.
Directors, officers and employees of the Organizer, its parent, and any of their respective affiliate companies, subsidiaries, agents, any company involved in the development or production of the Promotion, professional advisers, third party service providers or advertising and promotional agencies involved with this Promotion, and immediate family members and those living in the same household of such persons (whether legally related or not) are not eligible to enter or win any rewards in this Promotion. The Organizer shall verify these conditions consulting its database at the time of the selection.
3.2 The Organizer will not accept entries that are: (a) automatically generated by computer; (b) completed by third parties (on Your behalf) or in bulk; (c) illegible, have been altered, reconstructed, forged or tampered with; or (d) incomplete. The Organizer reserves the right to verify the email address provided by You including where required, any consent provided by a Guardian to require proof of age, identity and/or other provided details at any time at its discretion. In the event of any dispute, entries containing an invalid email address or incorrect data regarding the age or residence of You will be deemed ineligible. You must not enter this Promotion through the use of multiple email accounts or social media accounts. If it becomes apparent that You have used multiple email accounts or social media accounts to circumvent this rule all Your entries will be disqualified.
4. RULES OF PARTICIPATION, SELECTION PROCESS AND THE REWARDS
4.1 In order to successfully enter the Promotion, you will have to go to redbull.com/musicmotel and follow the given instructions step by step, which includes providing the data that is requested in order to register via your Red Bull login (e.g. name and email address). Furthermore, if you register for your Red Bull login via social sign-in e.g. Facebook, Twitter or Google+, additional information (e.g. age or location) may be provided to us.
4.2 You will have to upload and submit image and caption (the “Submitted Content”) as described on redbull.com/musicmotel in order to successfully complete the Promotion.
4.3 The size and/or length of Your Submitted Content should no more than set out on the applicable platform. You must own the copyright in the Submitted Content. The Submitted Content must be Your own work and must not: (a) be copied; (b) contain third party materials; (c) contain any content You do not have permission to use; (d) be offensive, distasteful, defamatory, dangerous, obscene, inappropriate; (e) violate the rights of any third party (e.g. any identifiable persons appearing in the Submitted Content or reflect a political statement; and/or (f) breach any applicable laws.
4.4 There is no limit to the number of entries which may be submitted.
4.5 Suitably skilled personnel of the Organizer together with a skilled and independent judge or equivalent (the “Judges”), will choose reward recipients from all the valid entries received in accordance with the Terms as the Major Prize winners or the Secondary Prize winners. The decision of the Judges is final and no correspondence or discussion will be entered into. When selecting the winning entries, the Judges’ decision will be based on creativity of the combination on the image and caption submitted. The Judges will in their sole discretion look for Submitted Content that best interprets the theme.
4.6 The rewards are:
4.6.1 Major Prize x 15: a unique music experience for Red Bull Music Motel on 5 December 2020. A Participant plus 1 other person will be given the choice of designing their own Red Bull Room Service experience, either ‘at home’ or ‘at a hotel’ within their state of residence (to the value of $3000) to coincide with the livestream of Red Bull Music Motel If a Major Prize winner is unable to attend on the selected date for any reason (or on any new date chosen in accordance with these terms), the Participant will have forfeited the prize
4.6.2 Secondary Prize x 50: an at home Red Bull Room Service kit made up of various novelty items and Red Bull product to the value of $300.00 AUD that will be delivered to the secondary prize winner prior to the Red Bull Music Motel livestream on 5 December 2020.
4.7 The 15 Major Prize winners and 50 Secondary Prize winners will be announced on
30 September 2020. The total value of each reward will not exceed $3000 per person for the Major Prize and $300 per person for the Secondary Prizes.
4.8 For full details of the selection process please email musicmotel@redbull.com. If the selected reward recipient(s) does not meet the eligibility criteria set out in these Terms, the Organizer will select an alternative reward recipient(s). If You are disqualified, the Organizer is under no obligation to publish this fact. The Organizer undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified.
4.9 Late, illegible, incomplete, defaced or corrupt entries will not be accepted. No responsibility can be accepted for lost entries and proof of transmission will not be accepted as proof of receipt. Entries cannot be returned.
5. NOTIFICATION AND CLAIMING THE REWARD
5.1 The contact details You provide with Your Promotion entry will be used to notify You of any rewards You are entitled to receive, so please make sure they are kept up to date and accurate.
5.2 The Organizer shall contact the reward recipient(s) using the details provided with the Promotion entry and/or their Red Bull login. When Red Bull has made contact to confirm the prize winners, they may request from you additional personal information (e.g. your address and date of birth) to allow prize verification and delivery.
5.3 On notification, the reward recipient(s) will be provided with details on how to claim the reward and will be given up until 2 days (from when the Organizer notified the reward recipient(s) that they were successful) to claim the reward. If a reward recipient cannot be contacted or is not available, or has not claimed their reward within this period, the Organizer reserves the right to offer the reward to the next eligible participant, selected in accordance with the Selection Process.
5.4 The reward is personal and non-transferable and may not be claimed by a third party on Your behalf.
5.5 A list of reward recipients may be published on the Organizer’s website. In the event that You are a reward recipient You agree that the Organizer may disclose Your information e.g. first name, last name, nickname, in accordance with the above
5.6 The maximum delivery term shall be no later than 31 December 2020. Any delay in relation to delivery of the rewards shall be communicated to the reward recipient(s).
5.7 Any other incidental costs and expenses associated with reward acceptance and use such as security fees, gratuities, luggage fees, snacks, drinks, and incidental charges are the responsibility of the reward recipient(s) (and reward recipient's companion).
5.8 The Major Prize Winners are responsible for either ensuring that their family, housemates and/or neighbours are not disturbed during the delivery of the prize and will follow the directions of Red Bull staff and/or contractors at all times. If the Major Prize Winner elects to have their prize delivered in a hotel they will follow the directions of hotel staff and or Red Bull staff as applicable. If the behavior of the Major Prize Winner and/or any of their companions (either at home or on site at a hotel) does not meet acceptable good conduct guidelines, Red Bull reserves the right to stop or cancel the prize at any time in it’s ultimate discretion, no discussion will be entered into. Additionally, the Major Prize Winner and their companions agree to act within the law at all times any profanity or illegal behavior including without limitation underage drinking or taking of illicit substances will result in immediate cancellation of the prize and Red Bull reserves it’s rights to contact police. The winner in particular agrees to comply with the current COVID-19 regulations in their state or territory in particular but not limited to those relating to gathering, movement, groups and socializing.Any breach of this clause will result in immediate termination of the prize delivery.
5.9 To the extent permitted by law, including if the planned Red Bull Music Motel is unable to go ahead due to the COVID-19 pandemic or for any other reason, the Organizer reserves the right to replace any or all rewards with rewards of equal or lesser value. Alternatively, in the event that the Organizer is unable to execute Red Bull Music Motel on the advertised date, but postpones the event (for any reason), the Organizer reserves the right to set a new date at its own discretion. If a Major Prize winner is unable to attend this new date for any reason, the Participant will have forfeited the prize.
5.10 Please note that no travel or other costs will be reimbursed for the participation in the Promotion except for those expressly mentioned in these Terms. No cash alternatives will be provided and rewards You are entitled to receive are non-transferable and non-refundable.
5.11 The reward recipient shall remain liable for all taxes (including interest and penalties) due and payable to competent tax authorities in respect of any prize monies payable.
6. ORGANIZER’S RIGHT TO CHANGE THE TERMS AND TO DISQUALIFY
6.1 To the extent permitted by law, and without affecting Your statutory rights, if in the Organizer’s opinion the Promotion is compromised by any event beyond the Organizer’s control, the Organizer reserves the right to modify, terminate, amend or extend the Promotion without responsibility and liability for any amount or kind of loss or damage that may result to You or any third party (whether direct or indirect). You should check our website regularly for any changes which will apply from the date that they are uploaded.
6.2 At any time during the Promotion, the Organizer reserves the right in its sole discretion to disallow or suspend votes, disqualify and/or remove any Participant if it has reason to believe that where voting is used as a selection process, anyone voting for such finalist has been paid, incentivised or pressured in any way for placing their vote, either by the finalist or any third party and/or the Participant fails to observe these Terms, is engaged in cheating, or where applicable any other kind of illegal or inappropriate behaviour. The Organizer’s decision in relation to all matters in connection with the Promotion is final, and no correspondence will be entered into.
6.3 In the event that a winning participant is disqualified, the reward will be forfeited and selected in accordance with the Selection Process.
7. FAIR PLAY
You warrant that Your entry does not contain material that violates or infringes another’s rights or reflects a political statement, including but not limited to privacy, publicity or intellectual property rights, contain brand names or trademarks, other than those of the Organizer, which You have a limited licence to use for the sole purpose of this Promotion, contain copyrighted material not created by You, other than material that You have necessary rights, consents and permissions to use, contain material that is offensive, distasteful, dangerous, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous and obtain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry is created. In the event this Promotion is run via one or more third party platform(s), You warrant and represent that Your entry does not infringe the Terms of the third party platform(s).
8. GRANT OF RIGHTS
8.1 You may submit the material, where applicable, to the Organizer in connection with the Promotion (collectively, the “Entry Materials”). Entry Materials may contain You, (or another's) voice, image, photograph, statements, biographical information, performances, name and likeness and other user-generated content.
8.2 As consideration for Your participation in this Promotion and the opportunity for You to win a reward, You will assign to the Organizer all rights as set forth in the applicable law and to Entry Materials to the broadest extent possible. To the extent that rights are not assignable, You grant to the Organizer a worldwide, unlimited, exclusive, royalty-free, transferable licence to use the Entry Materials for the purposes of this Promotion, including but not limited to the display on any and all Organizer and its affiliates’ websites, including social media websites. The Organizer does not guarantee any confidentiality with respect to Entry Materials. Subject to any licence, You grant herein, any and all Entry Materials that You upload, store, transmit, submit, exchange or make available to the website is generated, owned and controlled solely by You, and not by the Organizer. It is solely Your responsibility to monitor and protect any intellectual property rights that You may have in Your Entry Materials, and the Organizer does not accept any responsibility for the same. You expressly acknowledge that You and any person who appears in the Entry Materials have the right to decline use of the Entry Materials for marketing material.
8.3 You represent and warrant that all necessary rights, permissions, consents and moral rights’ waivers have been duly and effectively obtained from any performer, presenter, contributor or other person involved in the Entry Materials or rights, services or facilities in connection with it.
8.4 To the extent permitted by applicable law, reward recipients may be requested to take part in promotional activity and the Organizer reserves the right to use the names and addresses of reward recipients, their photographs and audio and/or visual recordings of them in any promotional material to the extent each reward recipient agrees. The Organizer will seek the consent of the reward recipient, where required. You expressly acknowledge that You and any person who appears in the Entry Materials have the right to decline use of the Entry Materials for marketing material.
9. COLLECTION OF INFORMATION AND DATA PRIVACY
9.1 Red Bull collects the Participant’s personal information for the purposes of administering this promotion and to advise him or her of Red Bull products and future events (“Purpose”). The Participant’s personal information will be retained by Red Bull in accordance with the Australian Privacy Principles and the Privacy Act 1988 (Cth) and other applicable privacy laws. If the Participant does not provide the personal information Red Bull will not be able to enter the Participant into the Promotion or provide the Participant with information about Red Bull products and future events. Red Bull may provide the Participant’s personal information to Red Bull’s related entities and third parties in relation to the Purpose, who may be located in Australia or other countries (including Europe, the United States or Singapore) but if Red Bull does so Red Bull takes steps to ensure that the Participant’s privacy is respected. In the event that you are a reward recipient, the Organizer may disclose your information e.g. first name, last name, nickname, university, country on the Organizer’s website. For further information, including how the Participant can access and correct the personal information Red Bull holds about the Participant or to make a privacy complaint, please see Red Bull’s Privacy Policy or contact Red Bull via email at privacy@redbull.com.
9.2 Information about how the Organizer may collect, process and store Your Personal Data for the Promotion and otherwise, can be found within our www.redbull.com/pp/en_AU.
10. LIABILITY AND WARRANTY
10.1 Insofar as is permitted by law, the Organizer, its employees, agents or distributors will not in any circumstances be responsible or liable to compensate the reward recipient or accept any liability for any loss, damage, personal injury or death occurring as a result of participation in the Promotion, as well as taking up the reward. Any limitation of liability shall be excluded for fraud, willful misconduct or gross negligence. Your statutory rights are not affected (including the Consumer Guarantees under Schedule 2 of the Competition and Consumer Act 2010).
10.2 The Organizer and the Red Bull Group exclude all liability to You for any loss of income, loss of profits, loss of goodwill, loss of data, loss of opportunity (in each case whether direct or indirect) and any indirect or consequential loss or damages incurred or suffered by You in connection with Your participation in the Promotion unless such loss arises from the Organizer’s or the Red Bull Group’s failure to respect its contractual and legal obligations, in which case Red Bull still limits its liability for the above mentioned situations to the extent allowed by applicable law.
10.3 The Organizer and the Red Bull Group shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; reward notification deliveries attempted but not received; any loss suffered by anyone who enters or attempts to enter and/or participate in the Promotion, whether the entry is lost, not submitted, wrongly processed or does not win.
10.4 There is no legal right to participate in this Promotion. The Organizer is not responsible if You are unable to participate in the Promotion for any reason.
10.5 The Organizer is not liable if You injure Yourself while performing actions with regard to this Promotion. You represent that You do not have any condition and are not affected by any circumstances that would prevent You from safely participating in the Promotion or would pose a present risk to others in Your doing so. You also agree that You are not otherwise prohibited from participating in the Promotion for any reason.
10.6 In no event shall the Organizer and the Red Bull Group be responsible or liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused by, directly or indirectly, circumstances or forces beyond its reasonable control, including but not limited to strikes, work stoppages, accidents, or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services, when these circumstances constitute a force majeure as defined under applicable local law.
10.7 To the fullest extent permissible by law, and without affecting the application of the Consumer Guarantees under Schedule 2 of the Competition and Consumer Act 2010, no conditions, warranties or other terms apply to the Promotion and all Free Products are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of satisfactory quality or fitness for a particular purpose).
10.8 The Organizer excludes any responsibility and/or liability in case the participation/the award of a reward requires the approval of a Guardian. This solely lies within Your responsibility.
11. GENERAL
11.1 If any provision of the Terms shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or impaired thereby.
11.2 These Terms shall be governed by and construed in accordance with the laws of Australia, and the parties submit to the non-exclusive jurisdiction of the courts competent for the address of Red Bull.
11.3 The latest version of the Terms will be available on the Organizer’s website.
11.4 For general questions arising out of these Terms and/or related to this Promotion, please contact musicmotel@redbull.com.
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