Win a Beacon Lighting Package Foxtel

TERMS OF ENTRY
1. These Terms and Conditions must be read together
with the Schedule for this Promotion. The Schedule
defines certain terminology used in these Terms and
Conditions.
2. 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.
3. To the extent of any inconsistency between the
Schedule and these Terms and Conditions, the
Schedule prevails.
4. All entry instructions and prize information published
by the Promoter form part of these Terms and
Conditions.
PROMOTION
5. The Promotion is conducted by the Promoter.
6. The Promotion is a game of skill, and chance plays
no part in determining the winner/s.
7. This Promotion will be advertised as outlined in the
Methods of Advertisement.
ELIGIBLE ENTRANTS
8. Entry is open only to residents of the Eligible States
and Territories who comply with the Entry
Restrictions (if any). Directors, officers,
management, employees and other staff (and the
immediate families of directors, officers,
management, employees and other staff) of the
Promoter or of its related bodies corporate, or of the
Relevant Parties are ineligible to enter.
9. In the event entrants under the age of 18 are
permitted to enter they must have permission from
a parent or guardian to enter the Promotion and
have obtained their consent to these terms and
conditions.
10. Any person who is discovered to have used or
attempted to use any more than one name in order
to enter any Promotion run by the Promoter except
in the case of a legal change of name in this
Promotion is ineligible to enter this Promotion.
11. All entries to the Promotion may be subject to
verification by the Promoter. An entrant must, within
seven (7) days of being asked and at the Promoter’s
cost, allow the Promoter to inspect and copy any
documents that the Promoter may request
establishing eligibility to enter the Promotion,
including but not limited to receipts, evidence of age,
residence and identity.
12. 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.
ENTRY
13. Entry to the Promotion commences on the
Commencement Date and closes on the Closing Date
(the Promotion Period).
14. To enter the promotion, entrants must follow the
Entry Method during the Promotion Period.
15. 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.
16. An entrant may submit up to the Maximum Number
of Entries. Multiple entries (where permitted) must
be submitted separately and must independently
comply with these Terms and Conditions.
17. The entrant warrants that their entry including the
response and any photos, images or videos (“Entry
Material”) is: their own original work; it is not
copied in any manner from any other work; and does
not infringe the copyright, moral rights, trademark
rights or any other rights of any third party.
18. Entrants retain all ownership in their Entry Material.
However, by submitting their Entry Material, entrants
hereby grant the Promoter an irrevocable, nonexclusive, worldwide, royalty-free, sub-licensable
and transferable license to use, reproduce,
distribute, prepare derivative works of and display
the Entry Material for the purposes of conducting and
promoting this Promotion, awarding the Prize and
advertising and marketing the Promoter or the
Promotion on all media now known or later devised,
in perpetuity.
19. By entering the Promotion, entrants consent to any
use of their Entry material by the Promoter which
may otherwise infringe an entrant’s moral rights in
the Entry Material, including (without limitation):
3
a) Exercising any of the rights in the Entry
Material without identifying the entrant; and
b) Using the Entry Material in any way that the
Promoter sees fit, even if it results in
derogatory treatment of the Entry Material
(as defined in the Copyright Act 1968 (Cth)).
20. Each entrant warrants that:
a) they have the full power and capacity to
grant the rights, warranties and consents set
out in these Terms and Conditions;
b) the Entry Material is not, and its use by the
Promoter (or the Relevant Parties) will not
be, in breach of any third party intellectual
property rights;
c) they will fully indemnify the Promoter
against any loss or damage suffered by the
Promoter:
i. in the event that any of the
warranties given by the entrant are
false;
ii. as a result of any breach of these
Terms and Conditions by the
entrant; and
d) they have consent from each person
appearing in the Entry Material (or if a
person appearing in the Entry Material is
under the age of 18, from that person’s
parent or guardian).
21. 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, illegible, corrupted or misdirected
entries or for any delays or failures in any
telecommunications services or equipment. The
Promoter is not liable for any consequences of user
error including (without limitation) costs incurred.
22. If Entry is permitted via website or app is free.
However, any costs associated with accessing a
website or app in order to make their entry, are the
responsibility of the person seeking access and are
dependent on the service provider used.
23. Entrants must make their website or app entries
manually. 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.
24. If Entry is permitted via a social media platform, the
following will apply:
a) an entrant’s entry must be submitted by the
individual entrant;
b) entrants must ensure their security settings
on their personal account allows the
Promoter to contact them in the event that
the entrant is a winner;
c) use of social media platforms is subject to
the terms and conditions of use of that social
media platform. If entry and continued
participation in the Promotion is via
Facebook, entrants agree to act in
accordance with the Facebook Statement of
Rights and Responsibilities, available at
http://www.facebook.com/terms.php;
d) Entrants acknowledge that this Promotion is
in no way sponsored, endorsed or
administered by, or associated with, any
social media platform. Any questions,
comments or complaints about this
Promotion must be directed to the Promoter
(not the social media platform).The winner
and their guest(s) (if any) are solely
responsible and liable for the content of their
entries and/or posts and any other
information they transmit to other internet
users; and
e) to the extent permitted by law, the winner
and their guest(s) agree to release any and
all social media platforms (and their
associated agencies and companies) used in
conjunction with this Promotion, against any
and all losses, claims, costs, expenses and
damages (of any nature) which may be
incurred by the winner and their guest(s) in
respect of their participation in the
Promotion.
25. Should an entrant’s contact details change at any
time between the date on which they enter the
Promotion and the Unclaimed Prize Date, that
entrant must notify the Promoter of their correct
contact details immediately.
26. Any entry that is made on behalf of an entrant by a
third party, or otherwise by proxy, will be invalid.
27. 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 these
Terms and Conditions 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.
28. 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 all promotional and
publicity activity in connection with
the Promotion;
b) the Promoter may use their name, image,
location, comments, photographs, Entry
Material or clips (“Materials”) for publicity
and promotional purposes in any form of
media, without reference or compensation
4
to the winner and their guest/s 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 (including the and Related Parties)
to do the same; and
e) the winner and their guest/s 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.
29. Use or any publication of entries during or after the
Promotion Period (in any form of media) does not
mean that an entrant has been selected as a winner
in the Promotion, and that entrant may not be
awarded a Prize.
WINNERS & JUDGING
30. There will be the Number of Winner/s determined
from all entries received during the Promotion
Period. Each winner will receive a Prize.
31. Each winner will be determined on the Determination
Date by the Promoter at 5 Thomas Holt Drive, North
Ryde, NSW 2113. Each valid entry will be individually
judged (by representatives of the Promoter) based
on the Judging Criteria.
32. The Promoter’s decisions are final and no
correspondence will be entered into.
33. The winner will be notified by phone/email within
two (2) days of the Determination Date.
34. All reasonable attempts will be made to contact the
winner. If the Prize is not claimed by the winner by
the Unclaimed Prize Date, it will be awarded to
another entrant by the Promoter on the Unclaimed
Prize Date. The winner of the unclaimed Prize will be
notified by phone/email within two (2) days of the
Unclaimed Prize Date.
PRIZE
35. The Prize for this Promotion and the Total Prize Value
is specified in the Schedule.
36. All Prize values are correct as at the Commencement
Date 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.
37. If a winner of a Prize is under the age of 18 years
(where entry by persons under 18 is permitted):
a) they must be accompanied on the Prize by a
parent or legal guardian; or
b) the Promoter may, at its discretion, award
the Prize to the winner’s parent or guardian
(who is aged over 18 years).
38. Any guest/s that accompany a winner on any
element of the Prize must be over the age of 18,
unless expressly stated otherwise.
39. The Prize must be taken as offered and cannot be
varied. 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.
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,
if applicable) is unavailable for any reason.
40. The Prize cannot be refunded or exchanged and,
except as expressly permitted by these Terms and
Conditions, cannot be taken as a monetary payment.
41. Unless expressly stated all other costs and expenses
associated with taking the Prize become the
responsibility of the winner.
42. The Prize must be claimed by the winner by the
Unclaimed Prize Date. All aspects of each Prize must
be taken together as a package. 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.
43. 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.
44. 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. Where the operation of this Promotion results
in, for GST purposes, supplies being made for nonmonetary consideration, entrants agree to follow the
Australian Taxation Office’s stated view that where
the parties are at arm’s length, goods and services
exchanged are of equal GST inclusive market values.
45. Once the Prize has left the Promoter’s/Prize
supplier’s premises, the Promoter and the Relevant
Parties will not be responsible for any delay in
delivery or loss or damage to the Prize.
46. If the Determination Date or Unclaimed Prize
Determination Date is a public holiday, the
determination will be conducted on the following
business day.
47. The Prize cannot be used in conjunction with any
other discounts or special offers.
48. Any cash component of the Prize will be issued to the
winner as a cheque in the winner’s name and crossed
“not negotiable.”
49. The Prize will be awarded to the winner in the
Promoter’s sole discretion.
50. Prizes may not, without the prior written consent of
the Prize supplier and the Promoter, be resold or
offered for resale at a premium (including via on-line
auction sites) or used for advertising, promotion or
other commercial purposes (including competitions
and trade promotions) or to enhance the demand for
other goods or services. If a Prize is sold or used in
breach of this condition, the Promoter or the Prize
supplier may, at their absolute discretion, withdraw
the Prize. Where a ticket has been withdrawn in
accordance with this clause no refund, substitute or
compensation will be offered and the winner and any
person who has purchased or otherwise bears that
ticket may be refused entry.