1. The following definitions apply to these Terms and Conditions
a) “Closing Date” means 23:59hrs on Sunday 22 November, 2015. b) “Commencement Date” means 08:00hrs on Saturday 10 October, 2015. c) “Determination Date” means 10:30hrs on Monday 23 November, 2015. d) “Entrant” means a person who enters the Promotion. e) “Entry Pool/s” has the meaning given in clause 13. f) “Facebook Page” means the Channel [V] official Facebook Page, located at https://www.facebook.com/ChannelVHits. g) “Instagram Page” means the Channel [V] official Instagram Page, located at https:// https://instagram.com/channelvaust. h) “Prize” means a prize offered in the Promotion. “Prizes” means all of the prizes offered in the Promotion. 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) “Show” means any one of the Ed Sheeran concerts outlined in clause 34. n) “Supplier” means the supplier of the Prizes. o) “Twitter Feed” means the Channel [V] official Twitter feed, located at https://twitter.com/channelv. p) “Website” means the [V]IP Access website, located at www.vipaccesslive.com.au. q) “Winner” means an Entrant who wins a Prize, including in the Unclaimed Prize Determination. r) “Unclaimed Prize Determination” has the meaning set out in clause 32. s) “Unclaimed Prize Determination Date” means Wednesday 25 November, 2015.
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.
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 Facebook Page, Instagram Page, Twitter Feed, Website and in broadcasts on Channel [V].
8. An Entrant is eligible to win a Prize if they:
a) are a permanent resident of Australia; and
b) are over the age of 15 and, if under the age of 18, have permission from their parent or guardian before entering the Promotion
and are not:
c) 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 d) 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 (c) above.
9. Entry to the Promotion commences on the Commencement Date and closes on the Closing Date.
10. To enter the Promotion, an Entrant must, during the Promotion Period:
a) go to the Website; and b) click on the Promotion link; and c) complete all of the required data entry fields on the entry form; and d) answer the following question, in 25 words or less: “Who is your ultimate guitar hero?” (the “Entry Question”); and e) in addition to answering the Entry Question, Entrants may include a photograph or video which demonstrates their commitment to being an Ed Sheeran fan (the “Entry Material”). To provide their Entry Material, Entrants must: i. upload a photo or video to their Facebook, Twitter, or Instagram account; and ii. enter the Facebook, Twitter, or Instagram photo or video URL link into the entry form.
11. The Entry Material will form part of the entry. Entrants are not required to submit any Entry Material; however, it may be taken into account by the Promoter when choosing the Winners.
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, provided that each answer to the Entry Question and each Entry Material (if applicable) are unique.
14. Entries will be placed in entry pools based on the Show nominated at the time of entering the Promotion (the “Entry Pool/s”).
15. Only one (1) Prize will be awarded per person over the entire Promotion Period.
16. 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.
17. 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.
18. An Entrant’s Entry Material must be the Entrant’s original work and must not infringe the copyright, moral rights, trademark rights or any other rights of any third party. Each Entrant warrants that all Entry Material is their own original work and is not copied in any manner from any other work or works.
19. Entrants retain all ownership in their Entry Material. However, by submitting their Entry Material, Entrants hereby grant the Promoter an irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the Entry Material for the purposes of conducting and promoting this Promotion, awarding the Prizes and advertising and marketing the Promoter or the Promotion on all media now known or later devised, in perpetuity.
20. By entering the Promotion, Entrants consent to any use of their Entry Material by the Promoter which may otherwise infringe an Entrant’s moral rights in the Entry Material, including (without limitation); a) exercising any of the rights in the Entry Material without identifying the Entrant; and b) using the Entry Material in any way that the Promoter sees fit, even if it results in derogatory treatment of the Entry Material (as defined in the Copyright Act 1968 (Cth)).
21. Each Entrant warrants that: a) he/she has the full power and capacity to grant the rights, warranties and consents set out in these Terms and Conditions; and he/she will fully indemnify Promoter against any loss or damage suffered by the Promoter: i. in the event any of the warranties given by the Entrant are false; ii. as a result of any breach of these Terms and Conditions by the Entrant; and b) he/she has obtained all express consent from: i. any persons appearing in the photos (or where a person appearing in a photo is under the age of 18, consent must be obtained from the minor’s parent or legal guardian); and ii. the owner of any private property (including any items, objects, or real property) photographed.
22. 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.
23. 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.
24. 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:
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.
25. 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.
26. Any entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
27. 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 24 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.
28. There will be four (4) Winners determined from all entries received during the Promotion Period; being one (1) Winner from each Entry Pool. Each Winner will receive one (1) Prize.
29. 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.
30. The Promoter’s decisions are final and no correspondence will be entered into.
31. The Winners will be notified by phone and/or email on the Determination Date and the Winners’ names will be published on the Facebook Page, Instagram Page and Twitter Feed at 12:00hrs on the Determination Date.
32. All reasonable attempts will be made to contact the Winners. 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 10:00hrs 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 and/or email on the Unclaimed Prize Determination Date and the Winners’ names will be published on the Facebook Page, Instagram Page and Twitter Feed at 12:00hrs on the Unclaimed Prize Determination Date.
33. Each Prize is valued at a maximum of $999.90 and consists of:
a) two (2) general admission tickets to the Show nominated by the Winner at the time of entering the Promotion, valued at a maximum of $200.00; and
b) one (1) meet and greet with Ed Sheeran for the Winner and one (1) guest on the night of the nominated Show, valued at a maximum of $100.00; and
c) one (1) Guitar Hero® Live bundle, containing game software and one (1) Guitar Hero Live wireless guitar controller, valued at $149.95; and
d) one (1) PlayStation®4 gaming console, valued at $549.95.
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $3,999.60
34. The Show dates are as follows:
Entry Pool Date Venue 1 SATURDAY 28 NOVEMBER 2015 SUNCORP STADIUM | BRISBANE, QLD 2 WEDNESDAY 2 DECEMBER 2015 NIB STADIUM | PERTH, WA 3 SATURDAY 5 DECEMBER 2015 AAMI PARK | MELBOURNE, VIC 4 WEDNESDAY 9 DECEMBER 2015 ALLIANZ STADIUM | SYDNEY, NSW
35. All Prize values are correct as at Monday 21 September, 2015 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.
36. 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.
37. 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.
38. Prizes cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.
39. 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.
40. The Promoter reserves the right to refuse to allow a Winner and/or their guest to take part in any or all aspects of any Prize, if the Promoter determines, in its absolute discretion, that the Winner and/or their guest is not in the mental or physical condition necessary to be able to safely participate in the Prize.
41. 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.
42. 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.
43. If the Determination Date or Unclaimed Prize Determination Date is a public holiday, the determination will be conducted on the following business day.
44. Prizes will be awarded to the people named in the winning entries.
45. Prizes will be awarded to the Winners in the Promoter’s sole discretion.
46. All aspects of each Prize must be taken together as a package. The Prizes must be taken to coincide with the Show nominated by the Winner at the time of entering the Promotion. 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, the Prize or that element of the Prize will be forfeited by that Winner.
47. Unless expressly stated, all other costs and expenses associated with taking a Prize become the responsibility of the Winners and their guests. 48. If a Winner is under the age of 18, they must be accompanied on the Prize by a parent or legal guardian.
49. By entering the Promotion, the Winners and their guests agree that: a) if requested by the Promoter, the Winners and their guests 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 guests 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 guests 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.
50. The Promoter reserves the right to take any action necessary in its sole discretion at any time.
51. 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:
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.
52. 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.
53. 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.
54. 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.
55. 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.
56. 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.
57. 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.
58. All entries become the property of the Promoter.