5 SECONDS OF SUMMER COMPETITION
TERMS & CONDITIONS
DEFINITIONS
5 SECONDS OF SUMMER COMPETITION
TERMS & CONDITIONS
DEFINITIONS
1. The following definitions apply to these Terms and Conditions:
a) “Closing Date” means 23:59hrs on Sunday 23 November 2014.
b) “Commencement Date” means 09:00hrs on Saturday 8 November 2014.
c) “Determination Date” means 10:00hrs on Monday 24 November 2014.
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) “Entry Pool/s” has the meaning given in clause 13.
h) “Prize” means a prize offered in the Promotion. “Prizes” means all of the prizes offered in the Promotion and includes the Major Prize and the Runner-Up Prizes.
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 a runner-up prize offered in the Promotion.
n) “Runner-Up Prize Winner” means an Entrant who wins a Runner-Up Prize.
o) “Show” means the live ‘TV’ show filming.
p) “Supplier” means the supplier of the Prizes.
q) “Website” means the Channel [V] website, located at www.vmusic.com.au
r) “Winner” means an Entrant who wins a Prize including in the Unclaimed Prize Determination and including the Major Prize Winner and the Runner-Up Winner.
s) “Unclaimed Prize Determination” has the meaning set out in clause 26.
t) “Unclaimed Prize Determination Date” means Wednesday 26 November 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 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 Channel [V] and [V] Hits and on the Website.
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 13 and, if under the age of 18, have their parent’s or guardian’s permission 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.
ENTRY
10. To enter the Promotion, an Entrant must, during the Promotion Period:
a) log on to the Website;
b) click on the Promotion link;
c) complete all of the required data entry fields on the entry form;
d) answer the following question, in 25 words or less: “What would you do if you had 5 seconds with 5SOS?” (the “Entry Question”)
e) in addition to answering the Entry Question, entrants may include a photograph or Instagram video which demonstrates their commitment to being a 5SOS fan (the “Photo”). The Photo or Instagram Video uploaded using the hashtag #5SOSLIVEQandHEY will form part of the entry. Entrants are not required to submit a Photo; however, it may be taken into account when choosing the Winner.
f) Entrants (or if an Entrant is under the age of 18, their parent or guardian) grant the Promoter (including their successors and assigns) the right to use any Photo submitted as part of the Promotion on Channel [V] and [V] Hits and on the Website.
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. Only 1 Prize will be awarded per person and per household over the entire Promotion Period.
13. Entrants will be entered into the state entry pool for the state in which they reside (NSW, QLD, VIC, SA, WA, NT, TAS or ACT) (the “STATE ENTRY POOLS”). Entrants residing in the ACT will be entered into the NSW State Entry Pool, Entrants residing in NT will be entered into the SA State Entry Pool and Entrants residing in TAS will be entered into the VIC State Entry Pool.
14. Photos must be the Entrant’s original work and must not infringe the copyright or any other rights of any third party. Each Entrant warrants that:
a) each Photo is their own original work and is not copied in any manner from any other work or works;
b) each Photo they submit will not infringe the copyright or any other rights of any third party;
c) he/she has the full power and capacity to grant the rights, warranties and consents set out in these Terms and Conditions; and
d) he/she owns all rights and interest in the Photo submitted and have obtained all express consent from:
i. any persons appearing in the Photos (or where a person appearing in the 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.
15. Each Entrant will indemnify, and keep indemnified, the Promoter against any loss or damage suffered by the Promoter:
i. in the event any of the warranties given by the Entrant are false; and
ii. as a result of any breach of these Terms and Conditions by the Entrant.
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. 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.
19. 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.
20. 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.
21. 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.
22. Any entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
23. 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 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
24. One (1) Major Prize Winner will be drawn at random from each State Entry Pool (5 Major Prize Winners in total). There will be forty (40) Runner-Up Prize Winners drawn from all entries received during the Promotion Period. Each Winner will receive one (1) Prize
25. The Winners will be chosen 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.
26. The Promoter’s decisions are final and no correspondence will be entered into.
27. The Winners will be notified by phone and/or email within two (2) business days of the Determination Date.
28. 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 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/s of the Unclaimed Prize Determination will be notified by telephone and/or email within two (2) business days of the Unclaimed Prize Determination Date.
PRIZES
29. Each Major Prize will consist of a trip to Sydney for the Major Prize Winner and one guest to see 5 Seconds of Summer on Friday 28 November, 2014 at [V]Hits Foxtel Head Office, 5 Thomas Holt Drive, North Ryde (the “TV Studio”), valued at a maximum of $2,880.00, including:
• two (2) return, economy flights to Sydney airport (the “Airport”) from the capital city in Australia nearest to the Major Prize Winner’s place of residence; valued at a maximum of $2,000.00; and
• one (1) night’s accommodation for the Major Prize Winner and their guest in a minimum 4 star hotel in Sydney to be chosen by the Promoter in its absolute discretion (the “Hotel”), valued at a maximum of $280.00; and
• transfers between the Airport, Hotel and Concert to a total maximum value of $300.00; and
• two (2) general admission tickets to the Show, valued at a maximum of $100.00 per ticket ($200.00 in total); and
• two (2) passes to meet 5 Seconds of Summer at the TV Studio; valued at a maximum of $100.00.
The Major Prize Winners from the NSW entry pool will forfeit the domestic flights and no substitute or compensation will be offered.
The total Major Prize Pool for Promotion is valued at a maximum of $3,760.00
• Each Runner-Up Prize will consist of two (2) general admission tickets to the Concert, valued at a maximum of $100.00 per ticket ($200.00 in total)
The total Runner-Up Prize Pool for Promotion is valued at a maximum of $8000.00
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $11,760.00.
30. All Prize values are correct as of Monday 24 February 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.
31. Attendees at the TV Studio filming must be over the age of 13. If a Major Prize Winner is under the age of 18 they must be accompanied on the Major Prize by a parent or guardian.
32. If a Prize (or any part of a 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 the Winner or any other party if a Prize (or any part of a Prize) is unavailable for any reason.
33. Winners (or if a Winner is under the age of 18, their parent or guardian) acknowledge that the Concert will be filmed. As a condition of entry, Winners (or their parent or guardian) grant the Promoter (including their successors and assigns) the right to photograph and/film them and agree that the Promoter may use such photographs or film for any lawful purpose. Winners (or their parent or guardian) acknowledge that the Promoter will own all rights, title and interest in any such photograph or film.
34. The Prizes cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.
35. 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.
36. The Promoter reserves the right to refuse to allow a Winner to take part in any or all aspects of a 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.
37. 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.
38. 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 that Prize.
39. If the Determination Date or Unclaimed Prize Determination Date is a public holiday, the determination will be conducted on the following business day.
40. The Prizes will be awarded to the persons named in the winning entries.
41. Unless expressly stated, all costs and expenses associated with taking a Prize become the responsibility of the Winner, including (without limitation and as applicable):
a) additional taxes (excluding departure and any other flight-associated taxes);
b) transfers, except as specified in clause 27;
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.
42. All aspects of each Prize must be taken together as a package. Each Prize must be taken to coincide with the relevant Show. 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 that Prize will be forfeited by that Winner.
43. The Prizes cannot be used in conjunction with any other discounts or special offers.
44. The Promoter makes no representation as to the safety conditions or any other conditions that may exist at any destination.
45. If the Major Prize Winner is a resident of NSW they will forfeit the domestic flight component of the Major Prize and no substitute or compensation will be offered.
46. Frequent Flyer points are not available for any of the flights included in the Major Prize.
47. Airline tickets included in the Major Prize cannot be used as part-payment of another airfare.
48. If the Major Prize Winner and/or their travel partner determine that travel insurance is required, they will be responsible for arranging and paying for such travel insurance.
49. The Major Prize Winner and their travel partner must depart from and return to the same point of departure and travel together.
50. The Promoter makes no representation as to the safety conditions or any other conditions that may exist at any destination.
51. A credit card imprint or cash deposit may be required from the Major Prize Winner or their guest at check in to the Hotel for all incidental charges.
GENERAL
52. 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.
53. 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.
54. 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.
55. 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 a Prize, or for the breach of those conditions by any person.
56. 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.
57. 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.
58. 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.
59. 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.
60. All entries become the property of the Promoter.
PRIVACY
61. 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 and the Foxtel Privacy Policy (at http://www.foxtel.com.au/about-foxtel/privacy/default.htm).
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