Win 1 of 20 $100 'Hoyts' gift cards!

Network TEN
Fox Why Him? Competition Terms and Conditions
1. Information on how to enter forms part of the terms of entry. Entry into the Fox Why Him? Competition (“Competition”) is deemed acceptance of these terms and conditions.
Eligibility to Enter
2. Entry is open to all residents of Australia. However, employees and the immediate families of Network Ten Pty Limited (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.
Competition Period
4. The competition commences on Sunday 11 December 2016 at 09:00 AEDT and closes on
Wednesday 4 January 2017 at 23:59 AEDT (“Competition Period”).
5. The Competition will be advertised on, but not limited to, Network TEN, www.tenplay.com.au.
How to Enter
6. 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.
7. 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.
8. Incomprehensible and incomplete entries will be deemed invalid.
9. 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.
10. A limit of one online entry per day per TENPlay member applies.
11. 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.
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12. Entries must be received by Wednesday 4 January 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.
13. The time of entry will in each case be the time the online entry is received by the Promoter’s database. The Promoter accepts no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason.
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 Mercury Mobility Pty Ltd, 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. Error and omissions will 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.
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 Twenty (20) Prize Winners will be selected by a judging panel at Network TEN at 1 Saunders Street, Pyrmont NSW 2009 on Thursday 5 January 2017 from 10:00 AEDT. Each Winner will be the 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 Winners will be notified by phone call within two (2) days of judging and in writing and the Winners’ details will be published on the TENPlay website at tenplay.com.au from Friday 6 January 2017.
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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 each Winner. If the Prize remains unclaimed by the Winner or unallocated or forfeited for any reason, by Monday 6 February 2017 at 09:00 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/s 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 Monday 6 February 2017 at 10:00 AEDT. The Winner/s 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 Tuesday 7 February 2017.
Prize Details
23. There will be Twenty (20) Prize Winners judged from all entries received (Online) who will win the following prize package:
24. The total Prize Pool is valued at $2,000.00 including GST). The Promoter accepts no responsibility for change in prize value between now the ultimate prize redemption date.
25. Any ancillary costs associated with redeeming the prizes are not included. These are the responsibility of the Winner.
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 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 accepts 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.
27. The Hoyts Christmas gift card awarded to the Prize Winners must be used in accordance with the terms and conditions applicable to the voucher as specified by Hoyts.
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. If the Winner is under 18 years of age at the time of judging, the prize will be awarded to their nominated Parent or Guardian on behalf of the Winner. The Winner and parent or guardian may be required to sign a prize transfer form.
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.
Number
Prize Details
AUD Value
20 x Prizes
 1 x Hoyts Christmas Gift Card valued at $100.00
$2,000.00
TOTAL PRIZE VALUE - AUD
$2,000.00
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31. The Promoter is neither responsible nor liable for any damaged, delayed or lost in transit in the delivery of the prize/s.
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. Personal information about all Winners will be shared with the prize provider, and their agents, to the extent necessary for prizes to be delivered to the Winners.
36. 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.
37. 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.
38. 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.
39. 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, 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.
40. 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.
41. 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
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Promoters (including its respective officers, employees and agents) excludes 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 promotion and: (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 Promoters)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) use of the prize.
42. 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 Promoters, 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 promotion, as appropriate, subject to government legislation.
43. 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.
44. The Promoter 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 is 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.
45. 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 Mercury Mobility 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.
46. 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 Network Ten Pty Limited’s privacy policy which contains information, amongst other things, about how you may access personal information that is held by Network Ten Pty Limited about you and seek correction of such information. See www.tenplay.com.au/privacypolicy to view Network Ten Pty Limited’s APP Privacy Policy in full. 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
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organisation and how Network Ten Pty Limited will deal with such complaints. We may disclose your personal information to related entities and third party service providers outside Australia.
47. The Promoter is Network Ten Pty Limited (ABN: 91 052 515 250) of 1 Saunders Street, Pyrmont NSW 2009.