Win a Trip for 2 to the [V] Island Party on Sydney Harbour plus minor prizes

[V] ISLAND PARTIES COMPETITION
TERMS & CONDITIONS
DEFINITIONS
1. The following definitions apply to these Terms and Conditions:
a) “Closing Date” means at 10:00hrs on Monday 5 February, 2018.
b) “Commencement Date” means at 10:00hrs on Tuesday 16 January, 2018.
c) “Determination Date” means at 10:00hrs on Tuesday 6 February, 2018.
d) “Entrant” means a person who enters the Promotion.
e) “Major Prize” means the major prize offered in the Promotion.
f) “Major Prize Winner” means the Entrant who wins the Major Prize.
g) “Prize” means a prize offered in the Promotion.
h) “Prizes” means all of the prizes offered in the Promotion and includes the Major
Prize and the Runner-Up Prize.
i) “Promoter” means Foxtel Management Pty Ltd ABN 65 068 671 938, of 5 Thomas
Holt Drive, North Ryde, NSW 2113.
j) “Promotion” means this competition.
k) “Promotion Period” means the period between the Commencement Date and the
Closing Date.
l) “Relevant Parties” means the Promoter and the agencies and companies that are
associated with the Promoter or the Promotion.
m) “Runner-Up Prize” means the runner-up prizes offered in the Promotion.
n) “Runner-Up Prize Winner” means the Entrant who wins the Runner-Up Prize.
o) “Supplier” means the supplier of the Prizes.
p) “Website” means the [V] music website, located at www.vmusic.com.au.
q) “Winner” means an Entrant who wins a Prize, including in the Unclaimed Prize
Determination and including the Major Prize Winner and the Runner-Up Prize
Winners.
r) “Unclaimed Prize Determination” has the meaning set out in clause 26.
s) “Unclaimed Prize Determination Date” means Thursday 8 February, 2018.
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 on the Foxtel platform on
channel [V].
8. An Entrant is eligible to win a Prize if they are a permanent resident of Australia; and;
a) are over the age of 18; and
b) are not employees of:
i. the Promoter or the Supplier;
ii. any corporations or agencies related to the entities in paragraphs i.
and ii. above; or
iii. any of the Relevant Parties; or
c) are not 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 b) 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) go to the Website; and
b) click on the Competition link; and
c) complete all of the required data entry fields on the entry form; and
d) answer the following question in 10 words or less “What's your ultimate
Summer party location?” (“the Entry Question”)
11. 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.
12. Entrants may enter the Promotion multiple times over the Promotion Period,
provided that each answer to the Entry Question is unique
13. Only one (1) Prize will be awarded per person/household over the entire
Promotion Period
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 Website 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 seven (7) days of being asked, at the Promoter’s cost, allow
the Promoter to inspect and copy any other 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 one (1) Major Prize Winner and thirty (30) Runner-Up Prize Winners
determined from all entries received during the Promotion Period. 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 phone and in writing within two (2) days of 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 09:30hrs on
the Unclaimed Prize Determination Date and will be conducted by the Promoter
at 5 Thomas Holt Drive, North Ryde, NSW 2113. The Winner/s of the Unclaimed
Prize Determination will be notified by phone/email within two (2) days of the
Unclaimed Prize Determination Date.
PRIZES
27. The Major Prize is valued at a maximum of $1500.00 and consists of:
a) return economy flights for the Major Prize Winner and one (1) guest to
Sydney airport, NSW from the closest capital city to the Major Prize
Winners primary residence in Australia, valued at a maximum of
$1000.00;
b) one (1) nights accommodation for the Major Prize Winner and one (1)
guest at a minimum 3 star hotel in Sydney, (selected at the Promoters
discretion) (“Hotel”), valued at a maximum of $300.00;
c) two (2) tickets to the [V] Island Party held on Friday 9 February, 2018
taking place on Sydney Harbour from 18:00hrs (AEDT); valued at a
maximum of $100.00; and
d) return transfers between Sydney airport and the Hotel will be reimbursed
into the Major Prize Winner’s nominated bank account, (upon the Major
Prize Winner producing receipts to the Promoter) capped at the
maximum value of $100.00.
THE TOTAL MAJOR PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM
OF $1500.00.
28. The Runner Up Prize consists of two (2) tickets to the [V] Island Party for the
Runner Up Prize Winner and one (1) guest to be held on Friday 9 February, 2018
taking place on Sydney Harbour from 18:00hrs (AEDT); valued at a maximum of
$100.00.
THE TOTAL RUNNER UP PRIZE POOL FOR THIS PROMOTION IS VALUED AT A
MAXIMUM OF $3,000.00.
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF
$4,500.00.
29. All Prize values are correct as at 10 January, 2018 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.
30. 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, subject to the approval of the authorities that
have issued permits for the conduct of the Promotion. 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.
31. Prizes cannot be refunded or exchanged and, except as expressly permitted by
these Terms and Conditions, cannot be taken as a monetary payment.
32. 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.
33. The Promoter reserves the right to refuse to allow a Winner to take part in an
aspect of a Prize, if the Promoter determines, based on the advice of an
appropriate and relevant medical professional, that a Winner is not in the mental
or physical condition necessary to be able to safely participate in that aspect
Prize.
34. 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.
35. 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.
36. If the Determination Date or Unclaimed Prize Determination Date is a public
holiday, the determination will be conducted on the following business day.
37. Prizes cannot be used in conjunction with any other discounts or special offers.
38. Prizes will be awarded to the people named in the winning entries.
39. Prizes will be awarded to the Winners in the Promoter’s sole discretion.
40. Unless expressly stated, all costs and expenses associated with taking a Prize
become the responsibility of the Winners, including:
a) additional taxes (excluding departure and any other flight-associated
taxes, where flights are included in the Prize);
b) costs associated with inoculations, passports and/or visa applications;
c) transfers;
d) travel insurance;
e) spending money;
f) meals;
g) transport to/from an airport departure or return point;
h) any extra sightseeing or activities; and
i) all other incidental and ancillary costs incurred by the Winners and/or
their guest/s as a direct or indirect result of taking a Prize.
41. The Winners and their guest must ensure that they have valid documentation for
travel.
42. The Winners and their guest/s are responsible for any amendment fees issued by
airlines or suppliers once booking is confirmed and ticketed.
43. All aspects of each Prize must be taken together as a package. The Prizes must
be taken on Friday, 9 February 2018. 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, that Prize or that element of the Prize will be forfeited by that
Winner.
44. The Prize 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 the Prize is sold or used in breach of this condition, the
Promoter or the 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 will be refused entry.
45. Airline tickets are available on the regular scheduled services of each airline and
are subject to seasonal embargoes. Flight itinerary may have to be adjusted
depending on the airlines’ departure city and their current flight schedule.
46. If the Major Prize Winner is a resident of NSW, they will forfeit the domestic flight
component of their Prize and no substitute prize will be offered.
47. Frequent Flyer points are not available for any of the flights included in the Prizes.
48. Airline tickets included in the Prizes cannot be used as part-payment of another
airfare.
49. If a Winner and/or their guest/s determine that travel insurance is required, they
will be responsible for arranging and paying for such travel insurance.
50. A Winner and their guest/s must travel at the same time, including flights and
accommodation. A Winner and their guest/s must depart from and return to the
same capital city airport in Australia, being the capital city airport that is closest to
the Winners’ place of residence. A Winner and their guest/s are responsible for
transport to and from their residence to the Winners’ nearest capital city airport. .
51. The accommodation will be one (1) room to be shared by a Winner and their
guest/s.
52. A credit card imprint or cash deposit may be required from a Winner and/or their
guest/s at check-in to the hotel, for all incidental charges.
53. The Promoter makes no representation as to the safety conditions or any other
conditions that may exist at any destination.
54. Winner and their guest must be over 18
55. By entering the Promotion, the Winners and their guest/s agree that:
a) if requested by the Promoter, the Winners and their guest/s will:
i. provide comments about the Promotion and/or a photograph or
audio-visual clip of themselves; and
ii. participate in a promotional shoot in connection with the Promotion;
b) the Promoter may use their name, image, comments, photographs or clips
(“Materials”) for publicity and promotional purposes in any form of media,
without reference or compensation to the Winners 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 to do the same; and
e) the Winners 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 that arise outside
Australia.
56. All aspects of each Prize must be taken together as a package. The Prizes must
be taken on Monday 27 November, 2017. In the event that for any reason
whatsoever a Winner does not take any Prize or an element of any Prize at the
time stipulated by the Promoter, that Prize or that element of the Prize will be
forfeited by that Winner.
57. Unless expressly stated all other costs and expenses associated with taking a
Prize become the responsibility of the Winner and their guest/s.
GENERAL
58. 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.
59. To the full extent permitted by the law, Facebook and 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:
f) any indirect, economic or consequential loss or loss of profits;
g) any loss arising from the negligence of a Relevant Party; and
h) any liability for personal injury or death.
60. This Promotion is in no way sponsored, endorsed, or administered by, or
associated with, Facebook. Entrants understand that they are providing their
information to the Promoter and not to Facebook. Any questions, comments or
complaints about this Promotion must be directed to the Promoter (not Facebook)
at the address given in clause 1 of these Terms and Conditions.
61. 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.
62. 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.
63. 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.
64. 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.
65. These Terms and Conditions are governed by the laws of New South Wales and
each of the relevant State authorities.
66. These rules are Terms and Conditions and constitute the entire terms and
conditions between the Entrant and the Promoter with respect to the Promotion.
The Promoter may alter, modify, or amend these Terms and Conditions, subject
to the approval of the authorities that have issued permits for the conduct of the
Promotion. The Promoter will provide Entrants with notice of substantial
amendments.
67. All entries become the property of the Promoter.
PRIVACY
68. 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 (at
https://www.foxtel.com.au/got/support/accounts-billing/legal/comp-privacynotice.html)
and the Foxtel Privacy Policy (at http://www.foxtel.com.au/aboutfoxtel/privacy/default.htm).