Ladbrokes & ESPN NBA Challenge
Terms and Conditions
By entering the Ladbrokes & ESPN NBA Challenge competition (the
Ladbrokes & ESPN NBA Challenge
Terms and Conditions
By entering the Ladbrokes & ESPN NBA Challenge competition (the
“Competition”), you are agreeing to the following terms and conditions:
1. STANDARD TERMS
1.1 Information on how to enter forms part of the terms of entry.
2. WHO CAN ENTER?
2.1 Subject to clause 2.2, entry is open to all residents of Australia who are 18 years
of age or older, excluding those residing in Western Australia.
2.2 Directors, management and employees of ESPN Australia Pty Ltd (the
“Promoter”) and Ladbrokes Digital Australia Pty Ltd ABN 25 151 956 768 (the
“Sponsor”), and their immediate family members, associated agencies and
companies are not eligible to enter.
3. HOW TO ENTER
3.1 The Competition commences on Sunday, 1 January 2017 at 00.00 am (AEST) and
concludes on Saturday, 28 January 2017 at 11.59 pm (AEST) (the “Competition
Period”).
In order to enter, you must go to ladbrokes.com.au/Challenge and enter your first
name, last name, email address, mobile number, state of residence and date of
birth, agree to the terms and conditions and complete the quiz.
3.2 Entrants have 60 seconds to complete the quiz. The quiz consists of 7 multiple
choice questions about the NBA (out of a pool of 15 multiple choice questions
about the NBA).
3.3 Each Competition entry (each, and “Entry”) must be:
a) the original, independent creation of the entrant that has not previously been
published in any form in any country in the world; and
b) free from any claims, including copyright or trademark claims by other parties.
3.4 Entries that are found to have been derived from another person’s work in any
country in the world will be considered invalid and, if awarded a prize, that prize
must be returned to the Promoter. The Winner may be required to sign a statutory
declaration regarding the originality of the Entry. The Sponsor reserves the right
to verify the validity of Entries and to disqualify any Entry which, in the opinion of
the Sponsor, includes objectionable content, profanity, potentially insulting,
inflammatory or defamatory statements, disqualify any entrant who tampers with
the entry process, who submits an Entry that is not in accordance with these terms
& conditions of Entry or who has, in the opinion of the Promoter and/or the
Sponsor, engaged in conduct in entering the promotion which is fraudulent,
misleading, deceptive or generally damaging to the goodwill or reputation of the
promotion and/or the Promoter and/or the Sponsor.
3.5 Entrants can only have one entry in the Competition.
3.6 The time of entry will be the time at which the completed online Entry form is
received by the Competition’s online database. Entrants will be presented with a
confirmation page once the completed email Entry is submitted by the entrant.
Entries received outside of the Competition Period will be deemed invalid and
ineligible to enter the Competition.
3.7 The Sponsor needs to collect the personal information of entrants so that the
entrant can be entered into the Competition. If an entrant does not provide the
personal information requested, the entrant cannot participate in the Competition.
By entering the Competition, an entrant authorises the Sponsor and the Sponsor’s
contractors and agents to access, collect and use personal information about the
entrant, and disclose personal information about the entrant to the Sponsor’s
related bodies corporate and their contractors and agents and to the Promoter, for
the purposes of (i) conducting the Competition and (ii) providing the entrant with
information and marketing material about products and services. The Sponsor’s
Privacy Policy (available at www.ladbrokes.com.au/terms-and-conditions/)
contains information about how to access, correct or make a complaint about the
Sponsor’s handling of personal information. The Promoter’s Privacy Policy
(available at https://disneyprivacycenter.com/) contains information about The
Walt Disney Company’s privacy policy that is designed to provide transparency
into privacy practices and principles.
3.8 By submitting an Entry, each entrant assigns all intellectual property, including but
not limited to copyright, title, and interest in such Entry in perpetuity worldwide to
Sponsor. If necessary, such entrant will sign any necessary documentation that
may be required for the Promoter, the Sponsor or their designees to make use of
the intellectual property rights such entrant is granting herein. As a condition of
entry, each entrant consents to any act or omission by the Sponsor which may
infringe any of the entrant’s moral rights (within the meaning of the Copyright Act
1968 (Cth)), including: i) failing to attribute (or correctly attribute) the entrant’s
authorship of the Entry; or ii) making any modification, variation or amendment of
any nature to the Entry, whether or not it results in a material distortion or
derogatory treatment of the Entry.
3.9 The Sponsor reserves the right in its sole discretion to reject bulk entries which it
considers to have been generated using software to generate multiple entries.
3.10 By participating in and entering the Competition the entrant assigns all right,
ownership, title and intellectual property, including copyright, in all Entries
submitted by such entrant to the Sponsor in perpetuity, throughout the world, with
no further compensation, consideration, or royalty.
3.11 Entrants in this Competition agree to be bound by these terms and conditions and
agree that: (a) the Promoter and/or the Sponsor and their designees and assigns
may use (unless prohibited by law) such entrant’s name, voice, city/state of
residence, photographs, video or film clips, and/or other visual likeness for
advertising and/or trade purposes and/or for any other purpose in any media or
format now or hereafter known without further compensation (financial or
otherwise), permission or notification; and (b) the Promoter and the Sponsor and
each of their respective parent companies, subsidiaries, affiliates, officers,
directors, employees, governors, owners, distributors, retailers, agents, assignees,
advertising/promotion agencies, representatives, and agents shall have no liability
and will be released and held harmless from any claim, action, liability, loss, injury
or damage, including, without limitation (but subject to operation of law), personal
injury or death to winner or any third party or damage to personal or real property
due in whole or in part, directly or indirectly, by any reason, including the
acceptance, possession, use or misuse of the Major Prize and/or participation in
this Promotion.
4. PRIZE
4.1 There will be one (1) Major Prize winner (the “Winner”).
4.2 The Major Prize (the “Major Prize”) consists of:
1
PRIZE DESCRIPTION RRP AUD
1 x Major
Prize
- 2 x tickets to NBA Finals games 1 and 2 with 5
nights’ accommodation in the host city
- 2 x economy class return flights from the Winners’
nearest capital city
Total Major Prize Value: $13,000 AUD (Max Value)
$8,500
$4,500
Total Major Prize value is A MAXIMUM OF $13,000 AUD (including GST). Prize
values are based upon the recommended retail prices and are correct as of
December 14th, 2016. The value of the Major Prize may vary depending on point
of departure and dates of travel. The Promoter accepts no responsibility for any
change in the Major Prize value between now and the ultimate travel date.
4.3 Unless expressly stated in these Terms and Conditions all other expenses
associated with redeeming the Major Prize become the responsibility of the
Winner. The Winner (and their travelling companion) are responsible for all
expenses other than that specified, including but not limited to spending money,
transfers, meals, drinks, incidentals, mini-bar, laundry, room service, telephone
calls, activities, insurance, taxes (excluding sales taxes included within the Major
Prize), energy surcharges, gratuities, services charges, passports, travel
insurance, excess baggage and all other ancillary costs. A credit card imprint or
cash deposit may be required from the Winner at check-in to the hotel, for all
incidental charges. For the avoidance of doubt, the Winner (and their traveling
companion) shall be solely responsible for any income tax obligations arising as a
result of receiving the Major Prize.
4.4 The Winner and their travelling companion must each hold a valid passport with at
least 6 months validity in order to redeem the Major Prize. Obtaining all travel
documents such as passports, visas etc that are required for travel to destinations
forming part of the Major Prize is the responsibility of the Winner and their travelling
companion. If applicable, the Winner and their travelling companion are
responsible for registering with the United States Visa Waiver Programme:
https://esta.cbp.dhs.gov/esta/. Any fines, penalties, payments or expenditures
incurred as a result of such documents not meeting the requirements of any
applicable authorities will be the sole responsibility of the Winner and their traveling
companion.
4.5 Flights leave from the Winner’s nearest Australian capital city. The Winner and
their travelling companion must travel on the same flight. Travel arrangements to
and from the Winner’s nearest Australian capital city airport (Sydney, Melbourne,
Brisbane, Adelaide and Perth) do not form part of the Major Prize and are the
responsibility of the Winner. If the Winner is from Tasmania, ACT or Northern
Territory, connecting flights from the capital cities in these states to the nearest
flight departure capital city will be included in the Major Prize for the Winner and
travelling companion where required.
4.6 The Major Prize is only valid for travel between –21 May to 2 July, 2017
excluding Australia and US national holidays within these periods. Flights and
accommodation are subject to availability at the time of booking, are nontransferable
and cannot be exchanged for other destinations. Embargo
restrictions apply during certain periods.
4.7 The Winner and their travelling companion must be able to travel within the travel
period specified in clause 4.6.
4.8 The accommodation offered for the Major Prize is specified in clause 4.2 and must
be taken in consecutive nights’ stay.
4.9 In participating in the Major Prize, the Winner (and their travelling companion)
agree to participate and co-operate as required in all editorial activities relating to
the Competition, including but not limited to being interviewed and photographed.
The Winner (and their travelling companion) agree to grant the Promoter and/or
the Sponsor a perpetual and non-exclusive licence (including the right to sublicence)
to use their names and such footage and photographs in all media
worldwide and the Winner (and their travelling companion) will not be entitled to
any fee for such use.
4.10 The Winner agrees they will not, and will ensure that their travelling companion do
not, sell or otherwise provide their story and/or photographs to any media or other
organisation.
4.11 The rights to any component of the Major Prize are not transferable and cannot be
redeemed for cash. The Winner should seek independent financial advice about
any tax implications that may arise from the Major Prize winnings.
4.12 The Promoter is solely responsible for the fulfilment of the Major Prize.
4.13 In the event that a part of the Major Prize is no longer available, subject to
regulations, the Promoter reserves the right, in its sole discretion, to substitute
prizes of comparable recommended retail value.
4.14 It is a condition of accepting the Major Prize that the Winner must comply with all
the conditions of use of the Major Prize imposed by the Promoter or the Sponsor
or any third party or Major Prize supplier.
4.15 It is a condition of accepting the Major Prize that the Winner may be required to
sign a legal release in a form determined by the Promoter in its absolute
discretion.
5. HOW TO WIN
5.1 All Entries completed and submitted in accordance these Terms and Conditions
will be judged by the Sponsor at the Sponsor’s office at 461-473 Lutwyche Road,
Lutwyche, QLD, Australia on Monday 30th January 2017. One (1) Winner will be
selected by a panel of judges appointed by the Sponsor. The Winner will be the
entrant who answers the most amount of questions correctly in the shortest
amount of time. This is a game of skill. There is no element of chance in the judging
of the Competition or determination of the Winner.
5.2 The Winner will be notified by a phone call at the conclusion of the judging, and an
email advising the Winner of their prize will also be sent using the contact details
provided in their Entry.
5.3 The judges’ decision (including any decisions as to prize distribution) is final and
the Sponsor will not enter into correspondence regarding the result.
5.4 The Sponsor reserves the right to request that the Winner provide proof of age
and/or identity prior to awarding the Major Prize. Identification considered suitable
for the verification is at the sole discretion of the Promoter.
5.5 The Sponsor reserves the right to refuse to allow the Winner to take part in any or
all aspects of the Major Prize, if the Sponsor determines, in their absolute
discretion, that the Winner is not in the mental or physical condition necessary to
be able to safely participate in the Major Prize. It is a condition of accepting the
Major Prize that the Winner may be required to sign a legal release in a form
determined by the Sponsor in its absolute discretion.
5.6 If the Sponsor is unable to contact the Winner within one (1) month of the date of
judging the Competition, that Winner will forfeit the relevant the Major Prize in its
entirety and the Major Prize shall be awarded to the next runner up in the
Competition. The Sponsor will not be liable for a Winner who does not respond to
the Sponsor’s email or telephone contact attempts and therefore forfeits the Major
Prize and no correspondence will be entered into.
5.7 It is a condition of accepting the Major Prize that the Winner must comply with all
the conditions of use of the Major Prize and the Major Prize supplier’s
requirements. To the extent of any inconsistency with these Terms and Conditions,
the terms and conditions of the suppliers of the Major Prize prevail.
5.8 The Sponsor reserves the right to rejudge the Competition in the event that an
entrant, who was initially deemed to be the Winner, is unable to satisfy any of these
Terms and Conditions.
5.9 The Winner consents to the Sponsor using the Winner’s name, city of residence,
photograph and likeness (in photographs, video etc) and footage of the Winner for
the purpose of marketing and advertising purposes on social media, in direct
marketing, on the Sponsor’s website and on television.
6. NO LIABILITY
6.1 Any costs associated with entering this Competition or claiming the Major Prize
(such as internet service charges) are the responsibility of the entrant.
6.2 Subject to any restrictions in law and subject to clause 6.4, the liability of the
Promoter however arising, whether by breach of any condition or warranty implied
by statute or of this agreement or of any duty of tort (including negligence) is limited
to the total value of the Major Prize.
6.3 The Promoter, the Sponsor and their associated agencies and companies will take
no responsibility for prizes damaged or lost in transit, or late, lost or misdirected
mail.
6.4 The Promoter, the Sponsor and their associated agencies and companies will not
be liable for any misadventure, accident, injury, loss (including but not limited to
consequential loss) or claim suffered or brought by an entrant:
a) during the judging;
b) whilst undertaking any travel won on or connected with their Entry into the
Competition;
c) as a consequence of the Winner and/or their travelling companion failing to be
checked in for their flights, or failing to arrive at the airport, at a time specified
by the relevant airline carrier and/or missing any of their flights;
d) in their participation in this Competition or in any prize;
e) as a consequence of late, lost or misdirected mail;
f) as a result of failure to comply with any of these terms and conditions; or
g) due to the publication of any material, including any statements made by any
staff member, journalist, other entrants or any other person.
The entrants acknowledge that they have been warned that there is a possibility of
an accident causing injury, death, or property damage from participating in the
Competition or accepting the Major Prize.
6.5 The Competition and Consumer Act 2010 (Cth) as well as other laws in Australia
may imply certain conditions, warranties and undertakings, and give you other
legal rights. If they apply, these cannot be modified or excluded by any contract.
You may consider seeking legal advice as to whether they apply to you.
6.6 The Sponsor and its affiliates accept no responsibility for any problems or technical
malfunction of any communication network or for any late, lost, incomplete,
incorrectly submitted, delayed, illegible, corrupted or misdirected Entries, claims or
correspondence whether due to error, omission, alteration, tampering, deletion,
theft or destruction or unauthorised access to, or alteration of, Entries, and
reserves the right to take any action that may be available.
6.7 If, for any reason, this Competition is not capable of being conducted as planned,
including, but not limited, due to tampering, unauthorised intervention, fraud,
technical failures or for any other reason which may corrupt or affect the
administration, security, fairness, integrity or proper conduct of this Competition,
the Sponsor reserves the right, in its sole discretion, to disqualify any individual
who tampers with the entry process, take any action that may be available or to
cancel, terminate, modify or suspend the Competition, subject to state legislation.
6.8 In the case of the intervention of any outside act, agent or event which prevents or
significantly hinders the Sponsor’s ability to proceed with the Competition on the
dates and in the manner described in these terms and conditions, including but not
limited to vandalism, power failures, tempests, natural disasters, acts of God, civil
unrest, strike, war, act of terrorism, the Sponsor may in its absolute discretion
cancel the Competition and recommence it from the start on the same conditions.
6.9 If the Promoter or the Sponsor reasonably considers that a change to these terms
and conditions is likely to benefit entrants or be immaterial detriment to entrants,
then the Promoter or the Sponsor can make the change immediately and does not
need to notify entrants. Alternatively, the Promoter or the Sponsor may vary these
terms and conditions by placing a notification at all places where these terms and
conditions are made available to entrants.
7. PROMOTER’S AND SPONSOR’S DETAILS
7.1 The Promoter is ESPN Australia Pty Ltd, (ABN: 40 091 402 327) of Level 3, 68
York Street, Sydney, NSW 2000, Australia.
7.2 The Sponsor is Ladbrokes Digital Australia Pty Ltd ABN 25 151 956 768 of 461-
473 Lutwyche Road, Lutwyche QLD 4030.
7.3 The Sponsor does not have any liability to any entrants in relation to the
Competition. All entrants agree to fully release the Sponsor from any and all liability
in relation to their participation in the Competition.
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