Win a Family Holiday for up to 4 people at Falls Creek Nickelodeon

STANDARD COMPETITION TERMS AND CONDITIONS
MERLIN – FALLS CREEK
KEY:
A. Specific Conditions
Item 1 Competition Name Falls Creek Competition (Competition)
Item 2 Competition Type Game of skill
Item 3 Permit Not Applicable
Item 4 Promoter The promoter (Promoter) is: Nickelodeon
Australia Management Pty Limited ACN 071 493
340 of Ground Floor, 4-16 Yurong Street, East
Sydney
Item 5 Website www.nick.com.au/fallscreek
Item 6 Entry Restrictions Age – Entrants must be aged 9 – 17 at time of
entry. Parents or guardians may enter the
Competition on behalf of any Entrant below this age
requirement
Resident Status – Entrants must be residents of
Australia Only.
Item 7 Method of Entry The Competition can be entered online at the
Website
Entrants must:
a) Go to the Website
b) Answer the QUESTION being in 25 words
or less, please tell us which Nickelodeon
character would be in your snow squad
and why?c) Complete the entry form.
Entrants must provide the following information for a
valid entry:
(i) First Name
(ii) Last Name
(iii) Date of Birth
Doc #1128422 v1 2
(iv) Street Number
(v) Street Name
(vi) Suburb
(vii) Post Code
(viii) State
(ix) Country
(x) Phone
(xi) Email
Item 8 Competition Entry Opens 1.00pm (AEST) on 07.05.18
Item 9 Competition Entry Closes 5.00pm (AEST) on 01.06.18
Item 10 Competition - Judged The Competition will be judged from 4.6.2018 at
5.00pm (AEST)
Item 11 [Drawing] Details N/A (for Game of skill)
Item 12 Notification Date Winners will be notified by email on the 5.6.2018 at
5.00pm (AEST)
Item 13 Notification Method Winners will be notified by telephone.
It is the responsibility of each entrant to ensure that
the details in their entry are correct, including without
limitation telephone contact number, email and
postal address details, and no responsibility will be
taken by Nickelodeon for any incorrect or out of date
information. Entrants must supply a valid telephone
number with their entry.
Item 14 Draw Publication Details N/A (for Game of skill)
Item 15 Prize There will be 1 major prize, the winner of the major
prize will win the following:
? Apartment accommodation at Falls Creek in
Victoria for a family of 2 x adults and 2 x
children
? Ski lessons for 2 x adults and 2 x children
? Lift tickets at Falls Creek for 2 x adults and 2
x children
? Rental of skis and poles or snowboards, ski
or snowboard boots for 2 x adults and 2 x
children
? A $2,500 travel voucher to be used in
Doc #1128422 v1 3
connection with this Competition only
Total major prize pool value: up to $12,000
(including GST)
*Travel will be booked by a Falls Creek Ski Lifts Pty
Ltd (ABN 46 004 843 761) (“Falls Creek”) Company
Travel Representative, travel costs exceeding the
$2,500 will be borne by the winner, any unused
travel costs (if applicable) will be null and void and is
not redeemable for cash, child is defined as a person
who is 17 years of age or under, valid ID may be
required if the child’s age is in dispute, the prize
must be redeemed on the dates specified: check in
Tues 3rd July 2018 , check out Sun 8th July 2018 OR
Check in Mon 2nd July 2018, check out Sat 7th July
2018, the prize in its entirety is not redeemable for
cash, the apartment accommodation is fully selfcontained,
has 2 bedrooms, with kitchen, lounge
room and drying room and snow permitting fully ski
in and ski out.
There will be 10 minor prizes, the winners of the
minor prize will win the following at Falls Creek
Victori
? 1 x 2 day children’s lift ticket
? 2 x full day ski lessons
? 2 x full day rentals of skis and poles or
snowboards, ski or snowboard boots for 2 x
children?Total minor prize pool value: up to $600 (including
GST)
*For the minor prize, no travel cost to and from the
venue will be included, no accommodation will be
included, children’s lift ticket, lesson and rentals are
redeemable by a person under the age of 17.
Winners will need to be accompanied by
parents/guardians and satisfy any prize fulfilment
requirements as reasonably advised by Falls Creek.
Item 16 Unclaimed Prize Draw N/A (for Game of skill)
Item 17 Special Conditions 1. As this is a game of skill, entries will be
judged based on originality and creativity.
2. The Promoter will not be responsible for
replacing or retrieving any prize sent to an
incorrect address based on incorrect details
provided by any winner.
3. Entrants may enter this competition an
unlimited number of times
4. Prizes are being supplied by Falls Creek. By
accepting the prize, prize winners agree to
comply with any reasonable instructions and
directions (either written or oral)of Falls
Creek and provide any personal identifiable
information as reasonably required by Falls
Creek to fulfil the prize acceptance
requirements.
5. By entering the Competition, an entrant
releases and indemnifies Falls Creek and
the Promoter (including its officers,
employees and agents) from and against all
action, liabilities, penalties, claims or
demands the entrant may have against Falls
Creek or Promoter or that Falls Creek or
Promoter may incur for any loss or damage
which is or may be suffered or sustained as
a direct or indirect result of an entrant
entering or participating in the competition or
winning or failing to win a prize, or using or
permitting any other person to use the prize,
except for any liability which cannot be
excluded by law (including by act or
omission, including negligence by Falls
Creek in connection with the prize) or which
would cause any part of this clause to be
void or unenforceable. Privacy, Spam Act
and Do Not Call Register Act Statement: The
Promoter collects the entrants’ personal
information to assist it in promotion of Falls
Creek and to process the competition
entries.
B. General Terms
1. Introduction
(a) These are the General Competition Terms that govern the relationship between you and
the Promoter when you enter this Competition and should be read in conjunction with the
Specific Conditions in the above table to form the complete terms and conditions for this
Competition (Terms and Conditions).
(b) By submitting an entry into this Competition, entrants warrant that they have read,
understand and agree to be bound by these Terms and Conditions
(c) To the extent that there is any inconsistency between the Specific Conditions and the
General Terms, the Specific Conditions will prevail.
2. Duration
(a) This Competition will commence at the time set out in Item 8 of the Specific Conditions
and will conclude at the time set out in Item 9 of the Specific Conditions. Entries received
outside of these times will not be eligible.
(b) The Promoter will not accept any responsibility for lost or late entries.
3. Entry Requirements
(a) Entrants restricted from entry in Item 6 of the Specific Conditions will not be eligible to
enter the Competition and will be disqualified.
(b) The employees of the Promoter, any of its affiliate, parent or subsidiary companies, or
any agencies associated with this competition are not eligible to enter the Competition.
(c) Entrants cannot be a spouse, defacto spouse, parent, child or sibling (whether full, half,
step or by adoption) of any person included in 3(b).
(d) Unless specifically set out as a Special Condition in Item 17 of the Specific Conditions, no
person may enter this Competition more than once and persons may not enter or
participate in it on behalf of any third party.
(e) Should the Competition require the entrant to submit a photograph, audiovisual material
or other material document, as a part of entry into or participation in this Competition
(”Entry Materials”):
(i) any Entry Materials provided to the Promoter by an entrant as part on an entry to
this Competition will not be returned to entrants. Entrants are advised to not send
original material.
(ii) all entrants acknowledge that the Entry Material may, at the discretion of the
Promoter, be posted on the website;
(iii) all entrants hereby authorise the Promoter to use, edit and reproduce the Entry
Materials;
(iv) all entrants agree that the Promoter has the right to publish and communicate to
the public the Entry Materials in any media including, but not limited to, online, at all
times without restriction or limitation throughout the world (including all promotional
purposes);
(v) all entrants agree that the Promoter has the right to use the entrants name,
likeness or other information concerning and provided by the entrant in its use of
the Entry Materials;
(vi) all entrants agree to fully release the Promoter now and forever from and against
all actions, suits, claims and demands which they may have against the Promoter
arising directly or indirectly in respect of any infringement or violation of any
personal and/or property rights of any sort (including without limitation defamation)
from the use of the Entry Materials;
(vii) all entrants unconditionally waive all of their rights at any time to seek or obtain
injunctive relief to prevent or restrict the Promoter’s use of the Entry Materials; and
(viii) all entrants warrant that they have obtained permission from any other persons
featured in the Entry Materials for the Promoter to use the Entry Materials in any of
the manners set out above.
(f) Costs to enter the Competition will depend on the method of entry and you should seek
the permission of the person paying the bill before entering. The cost to enter via the
Internet may vary so entrants should check with their network operator for current
charges.
(g) If this Competition involves:
(i) entry via a phone call, each call is charged at no more than 55 cents (including
GST) from a fixed phone. Calls may attract a higher rate from mobile or public
phones; or
(ii) entry via SMS, each SMS is charged at 55 cents (including GST). To enter,
entrants will need an SMS compatible mobile phone connected to a service
provider that permits text messaging to the abovementioned premium SMS
number. It is recommended that entrants check with their individual service
provider in this regard.
(h) Entries via SMS or email are deemed to have been made at the time of receipt into the
Promoter’s database not at the time of transmission by the entrant.
(i) Should the Competition involve voting, the accuracy of the polling results received and
published by the Promoter is final and binding and no correspondence will be entered
into.
4. How to Enter
(a) The Competition can be entered by the method set out in Item 7 of the Specific
Conditions.
(b) To enter, entrants must follow any requirements including submitting entries or answering
any questions set out in Item 7 of the Specific Conditions.
(c) Except where the method of entry in Item 7 is entry via SMS, all entries must include full
contact details, including name, phone number and email address. Where entry is via
SMS, the details to be included in each entry will be set out in Item 7.
(d) Any person who fails to provide the full information in the manner requested as part of the
entry process will not be eligible for any Competition prize. Specifically, inaudible,
incomplete, incomprehensible or late entries (whichever is applicable) will not be eligible
and will be disqualified.
(e) Where the entry mechanism in Item 7 includes logging into a website where the entrant
already has a login name and password and is not creating a new profile, the entrant will
be solely responsible for ensuring that all of their contact details including but not limited
to postal address are correct, and have been updated if these details have recently
changed. No responsibility will be taken by the Promoter for any incorrect or out of date
information.
(f) The Promoter reserves the right to disqualify any entry which in the reasonable opinion of
the Promoter includes any content which may be unlawful, profane, inflammatory,
defamatory to any person and/or damaging to the goodwill or reputation of the Promoter.
(g) Unless otherwise agreed, any personal or confidential information submitted to the
Promoter by any person in the course of entering or being otherwise involved in this
Competition such as name, address, telephone number will be treated in accordance with
Clause 14(c).
(h) Any person who fails to provide the full information in the manner requested as part of the
entry process will not be eligible for any Competition prize.
(i) The Promoter reserves the right to verify the validity of entries and to disqualify any
entrant who tampers with the entry process, or who submits an entry/claim which is not in
accordance with these Terms and Conditions.
5. Competition Judging and Drawing
(a) The decision of the judges is final and the Promoter will not enter into correspondence or
communication regarding the judges’ decisions or the drawing of the Competition even
where the Promoter may not have acted reasonably or where the Promoter is shown to
have made a decision in error.
(b) Subject to State regulations, in the event that the Promoter becomes aware that the
same person has been selected as a prize winner more than once, the Promoter will
cause another name to be drawn/selected in their place.
(c) Different terms apply for games of skill and games of chance, and these are outlined in
Clause 5A and 5B below.
5A. Judging
(a) This Clause 5A is only relevant where the Competition is identified in Item 2 of the
Specific Conditions as a game of skill. For games of chance please see Clause 5B.
(b) The Competition will be judged by the date listed in Item 10 of the Specific Conditions at
the location specified in Item 11 of the Specific Conditions.
(c) Winning entries will be selected by appropriately qualified judges on the quality and
creativity of their entry submitted in accordance with Item 7 of the Specific Conditions.
Where more than one judging criterion is set out in Item 17, equal weighting will be given
to each of the criteria unless otherwise specified in Item 17.
5B. Drawing
(a) This Clause 5B is only relevant where the Competition is identified in Item 2 of the
Specific Conditions as a game of chance. For games of skill please see Clause 5A.
(b) The Competition will be drawn at the time and on the date listed in Item 10 of the Specific
Conditions at the location specified in Item 11 of the Specific Conditions.
(c) Winning entries will be drawn at random.
(d) Details of prize winners will be published in accordance with Item 14 of the Specific
Conditions.
5C. Instant Win
(a) Where the Competition is identified as having an Instant Win component in Item 15,
instant win prizes as set out in Item 15 will be available to random valid entrants.
(b) Entrants will be notified during their telephone call / reply SMS / online if they are an
instant winner and what prize they have won. Such message will at all times be subject to
verification by the Promoter.
(c) In the event of any dispute with the Promoter, or at the Prompter’s request, Instant
Winners will be required to correctly quote their unique Prize Claim Number (as set out in
Item 13) to be awarded their prize.
(d) The Promoter reserves the right to withhold the awarding of an instant prize to a
participant who cannot provide a valid, unique Prize Claim Number.
(e) Any unclaimed or un-verified prizes will be awarded during the Unclaimed Prize Draw
outlined in Item 16. Entrants who are not instant winners will be automatically entered
into the unclaimed prize draw.
(f) Instant win game materials void if stolen, forged, mutilated or tampered with in any way.
(g) Programming and other quality control errors will not invalidate an otherwise valid prize
claim.
(h) Printing errors or other quality control matters outside the control of the individual player
shall not be used as the sole basis for refusing to award an Instant Win prize.
(i) This condition 5C(i) only applies to Instant Win prize claims that are made by residents of
NSW or Victoria, or are made by persons who purchased a Promotion Product in NSW or
Victori (i) unless otherwise due to fraud or ineligibility under these conditions, all prize
claims in excess of the number advertised as available (but otherwise in accordance with
these conditions) will be honoured; and (ii) printing and other quality control errors
outside the control of eligible Entrants will not be used as the sole basis for refusing to
honour an Instant Win.
6. Prize Winner Notification
(a) Prize winner(s) will be notified by the date listed in Item 12 of the Specific Conditions.
(b) Prize winner(s) will be notified by the method listed in Item 13 of the Specific Conditions
based on the details provided in the entry. All reasonable efforts will be made to contact
prize winner(s).
(c) Where the Competition is a game of skill, and the Promoter is unable to contact a prize
winner after reasonable efforts, the Promoter may award the prize to the entry judged to
be the next best entry according to the judging criteria as judged by the original
competition judges.
(d) Where the Competition is a game of chance, and the Promoter is unable to contact a
prize winner after reasonable efforts or if a prize winner fails to claim a prize (other than
an event-based prize as set out in Clause 9(a)(v)) within 3 months of notice being sent to
the winner, the Promoter may conduct a redraw for the unclaimed or undistributed prize
in accordance with Item 16 of the Specific Conditions.
7. Prizes
(a) The prize(s) for the Competition is/are as set out in Item 15 of the Specific Conditions.
(b) Where prizes are specific goods, all prize values are the recommended retail value as
provided by the supplier, are in Australian dollars unless otherwise stated and are correct
at the time of issue of these Terms and Conditions.
(c) Where prize values are to be confirmed after the drawing/judging date (e.g. flights,
transfers, or accommodation), prize values in Item 15 are maximum value estimates only,
and the Promoter will be under no obligation to provide a prize to the exact value stated,
or to reimburse a prize winner where the prize is less than the estimated value.
(d) The Promoter takes no responsibility for variations in the prize value.
(e) Subject to Clause 7(f), no prize in this Competition will be transferable or redeemable for
any other prize, including but not limited to cash, and an entrant will not be given cash in
lieu of any prize.
(f) A winner will automatically forfeit their prize and another winner will be selected in their
place if the winner is found or is reasonably suspected to be on-selling the prize to any
other third party in exchange for payment (monetary or otherwise) or other goods or
services, regardless of whether or not such payment, goods or services are equal to or
greater than the value of the prize.
(g) If a prize referred to in this Competition becomes unavailable for any reason the
Promoter reserves the right to substitute a similar item of similar value, including in its
sole discretion, providing the prize winner with cash to the value of any prize, subject to
regulatory authority approval for games of chance.
(h) Any tax payable as a result of a prize being awarded or received will be the responsibility
of the winner. Winners should seek independent financial advice prior to accepting a
prize if this is a concern.
8. Awarding the Prize
(a) Prize collection may be required for games of skill only. For games of chance, the
Promoter will arrange all prize delivery (except where the prize is a motor vehicle, in
which case delivery or collection of the prize will be determined on a case by case basis).
(b) If a prize winner is under the age of 18 at the time of awarding the prize (and this is not
an entry restriction listed in Item 6) they must be accompanied by a parent or guardian
when collecting any prize. Alternatively a prize may be collected by an authorised
representative of the Prize Winner as agreed in writing between the Promoter and the
Prize Winner.
(c) The Promoter may require any person collecting or receiving a prize to show photograph
identification and/or sign a deed declaring that they have collected or received the prize
before the Promoter gives the prize over.
(d) The Promoter may require any person collecting a prize to sign a copy of these Terms
and Conditions.
(e) The Promoter may at its own discretion require any prize winner to submit to a police
check to verify the prize winner’s identification details.
(f) Once a prize has been collected or delivered the Promoter is not responsible for the use
or distribution of any prize.
(g) All prizes are subject to availability and must be used on any dates specified in these
Terms and Conditions by the Promoter and/or the prize provider. Specifically, prizes may
not be valid during school holidays or other peak or seasonal times designated by the
prize supplier (such restrictions will be detailed in Item 17).
(h) If a prize winner does not take any element of a 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 prize or any part of it.
(i) The Promoter will not be responsible for replacing or retrieving any prize sent to an
incorrect address based on incorrect details included in an entrant’s entry, or details that
have not been updated by an entrant in any online profile associated with the entrant’s
entry.
(j) The Promoter will not be liable for any loss or damage whatsoever which is suffered
(including but not limited to direct or consequential loss) or for personal injury suffered or
sustained, as a result of taking any prize under this Competition, except to the extent that
such liability cannot be excluded by law.
(k) Where a prize involves a “meet and greet” element, the meet and greet with the
celebrity/artist/public figure will be at the discretion of the celebrity/artist/public figure’s
management and will at all times be subject to the availability of the celebrity/artist/public
figure. The Promoter will use all reasonable endeavours to secure this prize element, but
will not be liable for the failure of the winner and any accompanying guests to meet the
celebrity/artist/public figure for whatever reason. Where the “meet and greet” element
becomes unavailable, the Promoter may, at its sole discretion, award an alternative prize
in lieu of the meet and greet, but will be under no obligation to do so.
(l) The Promoter reserves the right to exclude any persons from the Competition on the
ground of their medical condition or history, for the safety of the Promoter’s staff
members or others or for any other reason, for example bringing the Promoter’s brand
into disrepute. The Promoter also reserves the right to disqualify contestants if:
(i) a contestant at any stage engages in, causes or incites physical violence (e.g.
punching, slapping), inappropriate, illegal, unsociable or unsafe behaviour;
and/or
(ii) a prize winner is abusive, aggressive, confrontational or acts unreasonably in
the Promoter’s sole discretion; and/or
(iii) the safety of any of the Promoter’s staff member is compromised.
(m) Prize winners agree to participate in any promotional activity promoting the Promoter,
prize sponsors and/or the Competition at the reasonable request of the Promoter.
(n) If the winner(s) is/are allowed to bring any guests the number of guests will also be set
out in the Prize description at Item 15 of the Specific Conditions (Allowed Guests).
(o) Any Allowed Guest also agrees to participate in any promotional activity promoting the
Promoter, prize sponsors and/or the Competition at the reasonable request of the
Promoter.
(p) For Event-based prizes, if alcohol is made available as part of the prize at the Event, then
this will be provided subject to the principles of responsible service of alcohol as
exercised by the staff and management of the Venue. The Venue staff and management
reserve the right to refuse service of alcohol to any prize winner or Allowed Guests
should they be deemed to be intoxicated.
(q) The winner(s) and any Allowed Guests are solely responsible for all insurance, applicable
taxes and for any expenses or costs not specified in the Prize description.
(r) Where the winner(s) is/are under eighteen (18), any Allowed Guest(s) must include a
parent or legal guardian without exception.
9. Event-based Prizes
(a) Where the prize(s) for the Competition set out in Item 15 of the Specific Conditions is/are
for entry to an event (Event), whether or not hosted by the Promoter, the following
applies:
(i) The Promoter will make every effort to ensure that each prize winner is given
tickets to the Event, but will not be liable where this request cannot be
accommodated. Where tickets to an Event are unavailable, the prize winner
may be offered tickets to an alternative event, subject to clause 7(g).
(ii) The venue where the Event is being held (Venue) may impose its own
conditions of entry to the Venue and may refuse entry in its own discretion. The
Promoter is not responsible for any refusal of entry made by the Venue.
(iii) Where all or part of the Event is cancelled, rescheduled or varied for any
reason, the Promoter may, at its own discretion, offer the prize winner tickets to
an alternative event, subject to clause 7(g).
(iv) Where an Event is cancelled (including Events managed or controlled by a
third party) and the prize winner has already taken part of the prize, including
without limitation flights and/or accommodation, the Promoter will use all
reasonable efforts to replace the Event element of the prize but will be under
no obligation to do so, and will not be required to replace the Event element
with cash or an alternative prize.
(v) Every effort will be made by the Promoter to contact prize winners by the
method set out in Item 13 of the Specific Condtions, however:
a. Where an event-based prize is drawn or judged within 7 days of
the Event, the prize must be claimed within 24 hours of
notification or the prize will be forfeited and may be re-drawn or
awarded to the entry judged to be the next best entry according
to the judging criteria as judged by the original competition
judges.
b. Where an event-based prize is drawn or judged within 14 days of
the Event, the prize must be claimed within 3 days of notification
or the prize will be forfeited and may be re-drawn or awarded to
the entry judged to be the next best entry according to the
judging criteria as judged by the original competition judges.
c. Where an event-based prize is drawn or judged within 30 days of
the Event, the prize must be claimed within 7 days of notification
or the prize will be forfeited and may be re-drawn or awarded to
the entry judged to be the next best entry according to the
judging criteria as judged by the original competition judges.
(v) For the avoidance of doubt, no Event-based prizes will be drawn more than 30
days prior to an Event unless expressly set out in the Special Conditions listed
in Item 17 of the Specific Conditions.
(b) Where the Event is one at which alcohol will be served, the prize winner and any Allowed
Guest(s) of a prize winner must be aged 18 years or over. Minors will not permitted to
attend the Event unless expressly set out in the Specific Conditions. All prize winners and
their guests must carry valid photo identification with them at all times during the Event.
10. Travel and Accommodation Prizes
(a) Where Prizes involve the winner(s) travelling with an Allowed Guest or where the prize
includes an accommodation element with an Allowed Guest and the winner of the prize is
under the age of 18 years, that winner must nominate a parent or legal guardian as their
Allowed Guest for that travel and/or accommodation.
(b) Where Prizes involve the winner(s) travelling the winner(s) and any Allowed Guest(s)
shall be required to hold a valid passport and/or other necessary travel documentation
and visas.
(c) Unless expressly set out in Item 15 of the Specific Conditions, all transfers,
accommodation, meals, incidentals, departure taxes, visas and travel insurance costs will
be the sole responsibility of the winner(s).
(d) A credit card imprint or cash deposit may be required from the winner(s) and/or any
Allowed Guest(s) at check-in to a hotel for any incidental charges.
(e) The winner(s) indemnify/ies the Promoter against any additional costs incurred by the
winner(s) and any Allowed Guest(s) in relation to any travel and/or accommodation
provided as part of the Prize which the Promoter has not expressly agreed to cover,
including without limitation any incidental hotel costs and costs associated wi