NYE IN TIMES SQUARE COMPETITION
TERMS & CONDITIONS
DEFINITIONS
NYE IN TIMES SQUARE COMPETITION
TERMS & CONDITIONS
DEFINITIONS
1. The following definitions apply to these Terms and Conditions:
a) “Closing Date” means 23:59hrs on Sunday 14 December 2014
b) “Commencement Date” means 08:00hrs on Monday 24 November 2014.
c) “Determination Date” means 10:30hrs on Monday 15 December 2014
d) “Entrant” means a person who enters the Promotion.
e) “Prize” means the prize offered in the Promotion.
f) “Promoter” means Foxtel Management Pty Ltd ABN 65 068 671 938, of 5 Thomas Holt Drive, North Ryde, NSW, 2113.
g) “Promotion” means this competition.
h) “Promotion Period” means the period between the Commencement Date and the Closing Date.
i) “Relevant Parties” means the Promoter and the agencies and companies that are associated with the Promoter or the Promotion.
j) “Supplier” means the supplier of the Prize.
k) “Website” means the Channel [V] website, located at www.vmusic.com.au.
l) “Winner” means the Entrant who wins the Prize including in the Unclaimed Prize Determination.
m) “Unclaimed Prize Determination” has the meaning set out in clause 25.
n) “Unclaimed Prize Determination Date” means Thursday 18 December 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 Winner.
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 the Prize if they are the 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 Channel [V], [V] Hitsand on the Website.
8. An Entrant is eligible to win the Prize if they:
a) are a permanent resident of Australia;
b) are over the age of 18; and
c) have all necessary travel documentation with at least 6 months validity;
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;
b) click on the NYE in Times Square competition link;
c) complete all of the required data entry fields on the entry form; and
d) answer the following question, in 25 words or less: “Why do you want to be part of the NYE celebrations in Times Square?” (the “Entry Question”).
11. 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.
12. Entry to the Promotion is limited to 1 entry per Entrant per day.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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, the Winner will forfeit the Prize in whole and no substitute or compensation will be offered.
19. Any entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
20. 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 Condition 17 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
21. There will be one (1) Winner determined from all entries received during the Promotion Period. The Winner will receive the Prize.
22. The Winner will be chosen on the Determination Date by the Promoter at 5 Thomas Holt Drive, North Ryde, NSW 2113. The Winner will be the Entrant who, in the sole opinion of the judges, has most creatively answered the Entry Question.
23. The Promoter’s decisions are final and no correspondence will be entered into.
24. The Winner will be notified by phone and/or email within 2 business days of the Determination Date.
25. All reasonable attempts will be made to contact the Winner. Subject, where relevant, to any directions given under the legislation regulating the Promotion, if the 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 11:00hrs on the Unclaimed Prize Determination Date and will be conducted by the Promoter at 5 Thomas Holt Drive, North Ryde, Sydney 2113. The Winner of the Unclaimed Prize Determination will be notified by telephone and/or email within 2 business days of the Unclaimed Prize Determination Date.
PRIZES
26. The Prize is valued at a maximum of $22,245.00 and consists of the following:
a) two (2) VIP access tickets to Times Square (watch the performances and ball drop from barricaded area in the centre of Times Square) held on Wednesday 31 December, 2014 at Times Square, New York, USA (the “Show”); valued at a maximum of $1,100.00;
b) return economy flights for the Winner and one (1) guest from the capital city airport in Australia closest to the Winner’s place of residence to NY JFK Airport (the “Airport”), departing Tuesday 30 December, 2014 and the return flight departing Saturday 3 January, 2015; valued at a maximum of $10,695.00;
c) Four (4) night’s accommodation, for the Winner and their guest, at a minimum 4 star hotel in New York (to be chosen by the Promoter in its absolute discretion (the “Hotel”), valued at a maximum of $2,000.00.
d) two (2) VIP access to New York City’s official hospitality party (central indoor location in Times Square with food and open bar and includes in/out privileges throughout the night to participate in the Times Square events) (the “Show”), valued up to a maximum of $2,000.00;
e) two (2) VIP access to New York City’s official After Party following the midnight Ball Drop including performances by some of the artists that will have performed in Times Square for the live TV show (the “Show”), valued up to a maximum of $2,000.00;
f) two (2) access passes to the top of Times Square for a photo opportunity with the Ball; valued at a maximum of $750.00.
g) Access for the Winner and their guest, to a 24 hour assistance-line while in the LA, valued at a maximum of $2,500.00.
h) transfers between the Airport, the Hotel and the Show, to a total maximum value of $1,200.00;
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $22,245.00.
27. All Prize values are correct as of Monday 6 January 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.
28. The Winner’s guest must be over the age of 18.
29. 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) is unavailable for any reason.
30. The Prize cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions cannot be taken as a monetary payment.
31. 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.
32. The Promoter reserves the right to refuse to allow the Winner to take part in any or all aspects of the 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.
33. 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.
34. Once the 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.
35. If the Determination Date or Unclaimed Prize Determination Date is a public holiday, the determination will be conducted on the following business day.
36. The Prize will be awarded to the person named in the winning entry.
37. Unless expressly stated, all costs and expenses associated with taking the Prize become the responsibility of the Winner, including:
a) additional taxes (excluding departure and any other flight-associated taxes, where flights are included in the Prize);
b) transfers, except as set out in clause 26;
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 the Winner and/or their travel partner as a direct or indirect result of taking the Prize.
38. The Winner and the Winner’s guest are responsible for any amendment fees issued by airlines or suppliers once booking is confirmed and ticketed.
39. All aspects of the Prize must be taken together as a package. The Prize (and each part of the Prize) must be taken on the dates specified in clause 26. 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.
40. The Prize cannot be used in conjunction with any other discounts or special offers.
41. Frequent Flyer points are not available for any of the flights included in the Prize.
42. Airline tickets included in the Prize cannot be used as part-payment of another airfare.
43. If the Winner and/or their travel partner determine that travel insurance is required, they will be responsible for arranging and paying for such travel insurance.
44. The Winner and their travel partner must depart from and return to the same point of departure and travel together.
45. The Promoter makes no representation as to the safety conditions or any other conditions that may exist at any destination.
46. A credit card imprint or cash deposit may be required from the Winner or their guest at check in to the Hotel for all incidental expenses.
47. The Winner and their guest must apply for an Electronic System for Travel Authorisation permit (ESTA) at least 72 hours prior to their departure from Australia. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the Winner and their guest.
48. It is the Winner’s and their guest’s responsibility to ensure that they have valid documentation, including but not limited to valid passports and visas, which meet the requirements of immigration and other government authorities at their destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the travellers. If the Winner or their guest is refused entry into the destination or exit from Australia, they will forfeit the prize and no substitute or compensation will be offered.
GENERAL
49. 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.
50. 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 Prize, including:
a) any indirect, economic or consequential loss or loss of profits;
b) any loss arising from the negligence of a Relevant Party; and
c) any liability for personal injury or death.
51. 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.
52. The Winner acknowledges that the Prize may be subject to additional terms and conditions imposed by third parties. The Winner must become acquainted with any such additional terms and conditions prior to taking the Prize. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, or for the breach of those conditions by any person.
53. 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.
54. 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.
55. 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 New South Wales.
56. 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.
57. All entries become the property of the Promoter.
PRIVACY
58. Your privacy is important to us. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected by or on behalf of the Promoter to enable it to administer the Promotion, publicise its Winner, and send Entrants marketing information where Entrants have consented. Entrants’ personal information may be disclosed to marketing and communications agencies, Prize suppliers and Prize deliverers in order to conduct this Promotion. Personal information about Entrants may also be disclosed to the authorities responsible for the regulation of gaming and lotteries. The Winner’s name will be published and retained as required by relevant legislation and as specified in these Terms and Conditions. Entrants can contact the Promoter by mail at PO Box 612, Moonee Ponds, Victoria, 3039 or by telephone on 131999 to request access to, or corrections of, any of the personal information that the Promoter holds about them. Entrants can access a copy of the Promoter’s Privacy Policy at http://www.foxtel.com.au/privacystatement.htm.
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