RUSSELL HOWARD LIVE SHOW COMPETITION TERMS & CONDITIONS DEFINITIONS 1. The following definitions apply to these Terms and Conditions: a) ?Closing Date? means 9:00hrs on Monday 5 May 2014 b) ?Commencement Date? means 9:00hrs on Wednesday 23 April 2014 c) ?Determination Date? means 12:00hrs on Monday 5 May 2014 d) ?Entrant? means a person who enters the Promotion. e) ?Entry Pool/s? has the meaning given in clause 11. f) ?Preview? means the April 2014 issue of the Preview e-newsletter, which can be registered for at www.foxtel.com.au/preview. g) ?Prize? means a prize offered in the Promotion. ?Prizes? has the meaning given in clause 28. h) ?Promoter? means Foxtel Management Pty Ltd ABN 65 068 671 938, of 5 Thomas Holt Drive, North Ryde, NSW, 2113. i) ?Promotion? means this competition. j) ?Promotion Period? means the period between the Commencement Date and the Closing Date. k) ?Relevant Parties? means the Promoter and the agencies and companies that are associated with the Promoter or the Promotion. l) ?Supplier? means the supplier of the Prizes. m) ?Website? means the Foxtel Customer Rewards website located at www.foxtel.com.au/competitions. n) ?Winner? means an Entrant who wins a Prize, including in the Unclaimed Prize Determination. o) ?Unclaimed Prize Determination? has the meaning set out in clause 26. p) ?Unclaimed Prize Determination Date? means Friday 9 May 2014. 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 skill, and chance plays no part in determining the Winners. 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 a Prize if they are a 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 Preview. 8. An Entrant is eligible to win a Prize if they: a) are over the age of 18; b) are a permanent resident of Australia; and c) are a Foxtel, Optus TV featuring Foxtel, Foxtel from Telstra subscriber or a Foxtel Play subscriber; or live in a household with a Foxtel, Optus TV featuring Foxtel or Foxtel from Telstra subscription or a Foxtel Play subscription and have the subscriber?s permission to enter the Promotion, and the subscription account is not in arrears and is active from the Commencement Date until the Unclaimed Prize Determination Date; and and are not: d) 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) 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) log on to the Website and click on the Promotion link; and b) complete all of the required data entry fields on the entry form; c) nominate which Prize they would prefer to win; and d) tell us in 25 words or less why you want to see Russell Howard (the ?Entry Question?). 11. Entries will be entered into pools depending on the Prize nominated at time of entry (the ?Entry Pools?). 12. An Entrant?s entry must not be: a) late; b) delayed; c) incomplete; d) incomprehensible; e) unlawful; f) obscene; g) defamatory; h) libellous; i) threatening; j) pornographic; k) harassing; l) hateful; m) racially or ethnically offensive; n) capable of encouraging conduct that would be considered a criminal offence; o) capable of violating any law; and/or p) capable of giving rise to civil liability. 13. Entrants may enter the Promotion multiple times over the Promotion Period, as long as each answer to the Entry Question is unique in each Entry Pool. Only one Prize will be awarded per entrant and per household. 14. 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. 15. 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. 16. Entrants must make their email 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. 17. Should an Entrant?s contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Determination Date, that Entrant must notify the Promoter of their correct contact details immediately. 18. All entries to the Promotion may be subject to verification by the Promoter. An Entrant must, within 7 days of being asked, at the Promoter?s cost: a) allow the Promoter to inspect and copy any documents the Promoter may request establishing eligibility to enter the Promotion, including but not limited to evidence of age, residence and/or identity. 19. The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that a Winner cannot provide suitable proof of eligibility, that Winner will forfeit their Prize in whole and no substitute or compensation will be offered. 20. Any entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid. 21. 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 18 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 22. There will be 41 Winners in total chosen from all entries received during the Promotion Period. The number of winners for each Entry Pool is set out in clause 28. Each Winner will receive one (1) Prize. 23. The Winners will be determined on the Determination Date by the Promoter at 5 Thomas Holt Drive, North Ryde, NSW 2113. The Winners will be the Entrants who, in the sole opinion of the judges, have most creatively answered the Entry Question. 24. The Promoter?s decisions are final and no correspondence will be entered into. 25. The Winners will be notified by telephone and/or email on the Determination Date. 26. All reasonable attempts will be made to contact the Winners. Subject, where relevant, to any directions given under the legislation regulating the Promotion, if a Prize is: a) not claimed by the Winner by 9:00hrs on the Unclaimed Prize Determination Date; or b) forfeited for any reason, the Prize will be awarded to another Entrant in an unclaimed prize determination (the ?Unclaimed Prize Determination?), which will take place at 12:00hrs on the Unclaimed Prize Determination Date and will be conducted by the Promoter at 5 Thomas Holt Drive, North Ryde NSW 2113, Australia. The Winner/s of the Unclaimed Prize Determination will be notified by telephone and/or email on the Unclaimed Prize Determination Date. PRIZES 27. The Prizes will be as follows: a) The Melbourne Meet & Greet ? 1 Winner. The Melbourne Meet & Greet Prize is valued at a maximum of $1,489.80 and consists of the following: i. two (2) reserve seating tickets to the Russell Howard concert which will be held at 19.30hrs on Tuesday 20 May 2014 at Hamer Hall, Melbourne, valued at a maximum of $139.80; i. a meet and greet for the Winner and their guest with Russell Howard backstage at the show, valued at a maximum of $150.00; ii. return economy flights for the Winner and one (1) guest from the capital city in Australia closest to the Winner?s place of residence to Melbourne, Victoria, valued at a maximum of $600.00; iii. one (1) night?s accommodation for the Winner and their guest at a minimum 3 star hotel in Melbourne (to be determined by the Promoter in its absolute discretion), valued at a maximum of $500.00; and ii. return transfers for the Winner and their guest between Melbourne airport and the hotel in Melbourne, valued at a maximum of $100.00. b) The Perth Shows ? 13 Winners in total. Each Perth Show Prize is valued at a maximum of $139.80 and consists of two (2) reserved seating tickets to one of the following Russell Howard shows at the Regal Theatre, Perth: i. 19:30hrs on Friday 16 May 2014; or ii. 19:30hrs on Saturday 17 May 2014. c) The Melbourne Shows ? 13 Winners in total. Each Melbourne Show Prize is valued at a maximum of $139.80 and consists of two (2) reserved seating tickets to one of the following Russell Howard shows at Athenaeum Theatre, Melbourne: i. 19.30hrs on Sunday 18 May 2014; or ii. 19.30hrs on Monday 19 May 2014. d) The Brisbane Show ? 8 Winners. Each Brisbane Show Prize is valued at a maximum of $139.80 and consists of two (2) reserved seating tickets to the Russell Howard show at 20.00hrs on Wednesday 21 May 2014 at QPAC Concert Hall, Brisbane. e) The Sydney Show ? 6 Winners. Each Sydney Show Prize is valued at a maximum of $139.80 and consists of two (2) reserved seating tickets to the following Russell Howard show at 19.30hrs on Friday 23 May 2014 at the Enmore Theatre, Sydney. THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $7,081.00 28. All Prize values are correct as at Friday 4 April 2014 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. 29. Where there are 2 different shows available for a Prize the show to which the Prize relates will be chosen by the Promoter in its absolute discretion. 30. The Winners? guests must be over the age of 18. 31. Prizes may not, without the prior written consent of the 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 Supplier may, at their absolute discretion, withdraw that 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 will be refused entry. 32. If any Prize (or any part of any 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 any Winner or any other party if any Prize (or any part of any Prize) is unavailable for any reason. 33. Prizes cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment. 34. Prizes may be transferred at the Promoter?s sole discretion. In the event that the Promoter exercises its discretion to allow a Winner to transfer a 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. 35. The Promoter reserves the right to refuse to allow a Winner to take part in any or all aspects of any Prize, if the Promoter determines, in its absolute discretion, that the Winner is not in the mental or physical condition necessary to be able to safely participate in the Prize. 36. Winners are advised that tax implications may arise from them winning a Prize and they should seek independent financial advice prior to accepting a Prize. 37. Once a Prize has left the Promoter?s/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. 38. If the Determination Date or Unclaimed Prize Determination Date is a public holiday, the determination will be conducted on the following business day. 39. Prizes will be awarded to the people named in the winning entries. 40. Unless expressly stated, all costs and expenses associated with taking a Prize become the responsibility of the Winners, including (without limitation and as applicable): a) additional taxes (excluding departure and any other flight-associated taxes, where flights are included in a Prize); b) transfers, except as specified in clause 27; c) travel insurance; d) spending money; e) meals; f) transport to/from an airport departure or return point; g) any extra sightseeing or activities; and h) all other incidental and ancillary costs incurred by a Winner and/or their travel partner as a direct or indirect result of taking a Prize. 41. Where flights are included in a Prize, the Winners and the Winner?s travel partners are responsible for any amendment fees issued by airlines or suppliers once booking is confirmed and ticketed. 42. All aspects of each Prize must be taken together as a package. The Prizes must be taken to coincide with the relevant show. In the event that for any reason whatsoever a Winner does not take a Prize or an element of a Prize at the time stipulated by the Promoter, the Prize or that element of the Prize will be forfeited by that Winner. 43. The Prizes cannot be used in conjunction with any other discounts or special offers. 44. If the Winner of either the Melbourne or Sydney Meet & Greet Prize is a resident of the city in which the Prize will take place, they will forfeit the domestic flight component of the Prize and no substitute prize will be offered. 45. Frequent Flyer points are not available for any flights included in a Prize. 46. Airline tickets included in a Prize cannot be used as part-payment of another airfare. 47. If a Winner and/or their travel partner determine that travel insurance is required, they will be responsible for arranging and paying for such travel insurance. 48. Where flights are included in a Prize, the Winners and their travel partners must depart from and return to the same point of departure and travel together. 49. Where accommodation is included in a Prize, a credit card imprint or cash deposit may be required from a Winner and/or their travel partners 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. GENERAL 51. 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. 52. 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 Prizes, including: b) any indirect, economic or consequential loss or loss of profits; c) any loss arising from the negligence of a Relevant Party; and d) any liability for personal injury or death. 53. 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. 54. The Winners acknowledge that the Prizes may be subject to additional terms and conditions imposed by third parties. The Winners must become acquainted with any such additional terms and conditions prior to taking a Prize. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prizes, or for the breach of those conditions by any person.
55. 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. 56. 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. 57. These Terms and Conditions are governed by the laws of New South Wales. The Promoter and all entrants irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales. 58. These rules are Terms and Conditions and constitute the entire terms and conditions between the Entrant and the Promoter with respect to the Promotion and cannot be altered, modified, or amended. 59. All entries become the property of the Promoter. PRIVACY 60. 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 and the Foxtel Privacy Policy (at http://www.foxtel.com.au/about-foxtel/privacy/default.htm).
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