Win a Beacon Lighting Package Foxtel

TERMS OF ENTRY
1. These Terms and Conditions must be read together
with the Schedule for this Promotion. The Schedule
defines certain terminology used in these Terms and
Conditions.
2. 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.
3. To the extent of any inconsistency between the
Schedule and these Terms and Conditions, the
Schedule prevails.
4. All entry instructions and prize information published
by the Promoter form part of these Terms and
Conditions.
PROMOTION
5. The Promotion is conducted by the Promoter.
6. The Promotion is a game of skill, and chance plays
no part in determining the winner/s.
7. This Promotion will be advertised as outlined in the
Methods of Advertisement.
ELIGIBLE ENTRANTS
8. Entry is open only to residents of the Eligible States
and Territories who comply with the Entry
Restrictions (if any). Directors, officers,
management, employees and other staff (and the
immediate families of directors, officers,
management, employees and other staff) of the
Promoter or of its related bodies corporate, or of the
Relevant Parties are ineligible to enter.
9. In the event entrants under the age of 18 are
permitted to enter they must have permission from
a parent or guardian to enter the Promotion and
have obtained their consent to these terms and
conditions.
10. Any person who is discovered to have used or
attempted to use any more than one name in order
to enter any Promotion run by the Promoter except
in the case of a legal change of name in this
Promotion is ineligible to enter this Promotion.
11. All entries to the Promotion may be subject to
verification by the Promoter. An entrant must, within
seven (7) days of being asked and at the Promoter’s
cost, allow the Promoter to inspect and copy any
documents that the Promoter may request
establishing eligibility to enter the Promotion,
including but not limited to receipts, evidence of age,
residence and identity.
12. 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, they will
forfeit the Prize in whole and no substitute or
compensation will be offered.
ENTRY
13. Entry to the Promotion commences on the
Commencement Date and closes on the Closing Date
(the Promotion Period).
14. To enter the promotion, entrants must follow the
Entry Method during the Promotion Period.
15. 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.
16. An entrant may submit up to the Maximum Number
of Entries. Multiple entries (where permitted) must
be submitted separately and must independently
comply with these Terms and Conditions.
17. The entrant warrants that their entry including the
response and any photos, images or videos (“Entry
Material”) is: their own original work; it is not
copied in any manner from any other work; and does
not infringe the copyright, moral rights, trademark
rights or any other rights of any third party.
18. Entrants retain all ownership in their Entry Material.
However, by submitting their Entry Material, entrants
hereby grant the Promoter an irrevocable, nonexclusive, 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 Prize and
advertising and marketing the Promoter or the
Promotion on all media now known or later devised,
in perpetuity.
19. 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):
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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)).
20. Each entrant warrants that:
a) they have the full power and capacity to
grant the rights, warranties and consents set
out in these Terms and Conditions;
b) the Entry Material is not, and its use by the
Promoter (or the Relevant Parties) will not
be, in breach of any third party intellectual
property rights;
c) they will fully indemnify the Promoter
against any loss or damage suffered by the
Promoter:
i. in the event that 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
d) they have consent from each person
appearing in the Entry Material (or if a
person appearing in the Entry Material is
under the age of 18, from that person’s
parent or guardian).
21. 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, illegible, corrupted or misdirected
entries or for any delays or failures in any
telecommunications services or equipment. The
Promoter is not liable for any consequences of user
error including (without limitation) costs incurred.
22. If Entry is permitted via website or app is free.
However, any costs associated with accessing a
website or app in order to make their entry, are the
responsibility of the person seeking access and are
dependent on the service provider used.
23. Entrants must make their website or app entries
manually. 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.
24. If Entry is permitted via a social media platform, the
following will apply:
a) an entrant’s entry must be submitted by the
individual entrant;
b) entrants must ensure their security settings
on their personal account allows the
Promoter to contact them in the event that
the entrant is a winner;
c) use of social media platforms is subject to
the terms and conditions of use of that social
media platform. If entry and continued
participation in the Promotion is via
Facebook, entrants agree to act in
accordance with the Facebook Statement of
Rights and Responsibilities, available at
http://www.facebook.com/terms.php;
d) Entrants acknowledge that this Promotion is
in no way sponsored, endorsed or
administered by, or associated with, any
social media platform. Any questions,
comments or complaints about this
Promotion must be directed to the Promoter
(not the social media platform).The winner
and their guest(s) (if any) are solely
responsible and liable for the content of their
entries and/or posts and any other
information they transmit to other internet
users; and
e) to the extent permitted by law, the winner
and their guest(s) agree to release any and
all social media platforms (and their
associated agencies and companies) used in
conjunction with this Promotion, against any
and all losses, claims, costs, expenses and
damages (of any nature) which may be
incurred by the winner and their guest(s) in
respect of their participation in the
Promotion.
25. Should an entrant’s contact details change at any
time between the date on which they enter the
Promotion and the Unclaimed Prize Date, that
entrant must notify the Promoter of their correct
contact details immediately.
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 these
Terms and Conditions 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. By entering the Promotion, the winner and their
guest agree that:
a) if requested by the Promoter, the winner and
their guest will:
i. provide comments about the
Promotion and/or a photograph or
audio-visual clip of themselves; and
ii. participate in all promotional and
publicity activity in connection with
the Promotion;
b) the Promoter may use their name, image,
location, comments, photographs, Entry
Material or clips (“Materials”) for publicity
and promotional purposes in any form of
media, without reference or compensation
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to the winner 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 (including the and Related Parties)
to do the same; and
e) the winner 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.
29. Use or any publication of entries during or after the
Promotion Period (in any form of media) does not
mean that an entrant has been selected as a winner
in the Promotion, and that entrant may not be
awarded a Prize.
WINNERS & JUDGING
30. There will be the Number of Winner/s determined
from all entries received during the Promotion
Period. Each winner will receive a Prize.
31. Each winner will be determined on the Determination
Date by the Promoter at 5 Thomas Holt Drive, North
Ryde, NSW 2113. Each valid entry will be individually
judged (by representatives of the Promoter) based
on the Judging Criteria.
32. The Promoter’s decisions are final and no
correspondence will be entered into.
33. The winner will be notified by phone/email within
two (2) days of the Determination Date.
34. All reasonable attempts will be made to contact the
winner. If the Prize is not claimed by the winner by
the Unclaimed Prize Date, it will be awarded to
another entrant by the Promoter on the Unclaimed
Prize Date. The winner of the unclaimed Prize will be
notified by phone/email within two (2) days of the
Unclaimed Prize Date.
PRIZE
35. The Prize for this Promotion and the Total Prize Value
is specified in the Schedule.
36. All Prize values are correct as at the Commencement
Date 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.
37. If a winner of a Prize is under the age of 18 years
(where entry by persons under 18 is permitted):
a) they must be accompanied on the Prize by a
parent or legal guardian; or
b) the Promoter may, at its discretion, award
the Prize to the winner’s parent or guardian
(who is aged over 18 years).
38. Any guest/s that accompany a winner on any
element of the Prize must be over the age of 18,
unless expressly stated otherwise.
39. The Prize must be taken as offered and cannot be
varied. 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,
if applicable) is unavailable for any reason.
40. The Prize cannot be refunded or exchanged and,
except as expressly permitted by these Terms and
Conditions, cannot be taken as a monetary payment.
41. Unless expressly stated all other costs and expenses
associated with taking the Prize become the
responsibility of the winner.
42. The Prize must be claimed by the winner by the
Unclaimed Prize Date. All aspects of each Prize must
be taken together as a package. 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.
43. 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.
44. 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. Where the operation of this Promotion results
in, for GST purposes, supplies being made for nonmonetary consideration, entrants agree to follow the
Australian Taxation Office’s stated view that where
the parties are at arm’s length, goods and services
exchanged are of equal GST inclusive market values.
45. Once the Prize has left the Promoter’s/Prize
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.
46. If the Determination Date or Unclaimed Prize
Determination Date is a public holiday, the
determination will be conducted on the following
business day.
47. The Prize cannot be used in conjunction with any
other discounts or special offers.
48. Any cash component of the Prize will be issued to the
winner as a cheque in the winner’s name and crossed
“not negotiable.”
49. The Prize will be awarded to the winner in the
Promoter’s sole discretion.
50. Prizes may not, without the prior written consent of
the Prize 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 Prize
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 may be refused entry.
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TRAVEL PRIZE
If the Prize includes any travel, the following terms will apply
(where applicable):
51. Unless expressly stated, all costs and expenses
associated with taking the Prize become the
responsibility of the winner and their guest including
but not limited to: additional taxes (excluding
departure and any other flight-associated taxes,
where flights are included in the Prize); costs
associated with inoculations, passports and/or visa
applications; transfers; travel insurance; spending
money; meals; transport to/from an airport
departure or return point; any extra sightseeing or
activities; and all other incidental and ancillary costs
incurred by the winner and their guest as a direct or
indirect result of taking the Prize.
52. The winner and their guest must ensure that they
have valid documentation for travel, including but
not limited to valid passports and visas, which meet
the requirements of immigration and other
government authorities at every 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 winner and their guest. If the
winner or their guest are refused entry to the
destination country for any reason or prior to their
departure from Australia are not granted a visa,
where applicable, they will forfeit the Prize and no
compensation or substitute will be offered.
53. If the winner and/or their guest determine that travel
insurance is required they will be responsible for
arranging and paying for such travel insurance.
54. If the Prize includes international or domestic travel,
the Prize cannot be taken during peak periods or any
travel ‘blackout’ periods applying which will be
specified by the Promoter or applicable prize
provider, and must be booked and completed as
specified by the Promoter and/or the prize provider
or organiser of the Prize. Itinerary may have to be
adjusted.
55. All travel must be taken or completed by any dates
specified by the Promoter and/or prize supplier and
is subject to availability. If the Prize is event based,
travel must be taken to coincide with the relevant
event on the dates specified by the Promoter.
56. The Promoter is not responsible for any cancellation,
changes, delay or rescheduling of events, travel,
activities and flights and any costs incurred as a
result (including, without limitation, accommodation
costs and any amendment fees issued by airlines or
suppliers once booking is confirmed and ticketed)
will be the sole responsibility of the winner and its
guests. In the event that one or more event or
activity is no longer available, the remainder of the
prize shall constitute the complete and total Prize.
57. If the winner or their guest is a resident of the
city/state where Prize is to take place, they will forfeit
the domestic flight component of the Prize and no
substitute prize will be offered.
58. Frequent Flyer points are not available for any of the
flights included in the Prize.
59. Airline tickets included in the Prize cannot be used as
part-payment of another airfare.
60. Any travel and accommodation constituting part of a
Prize (if applicable) are subject to booking
availability, availability of select seat class with
airlines or specific room category availability with
accommodation partner.
61. The winner and their guest must travel at the same
time (including flights and accommodation) and
participate in the Prize together at all times. Any
accommodation will be one (1) room to be shared by
the winner and their guest. All components of the
travel Prize must be taken together and when
offered or are forfeited. Any element of the Prize not
taken will be deemed to be forfeited.
62. The winner and their guest must depart from and
return to the same capital city airport in Australia,
being the capital city airport that is closest to the
winner’s place of residence.
63. If the winner and/or their guest miss any of the
arranged flights or any other travel component, the
winner will forfeit the Prize (at the Promoter’s sole
and absolute discretion).
64. Unless otherwise specified in the Schedule above, it
is the winner's responsibility to organise transport
to/from the airport departure/return point.
65. Redeeming the Prize and any tickets, passes or
vouchers issued as part of the Prize is conditional on
acceptance of terms and conditions as detailed by
the Promoter, any prize providers and the airline
carriers in accordance with normal travel practices.
66. A credit card imprint or cash deposit may be required
from the winner and/or their guest at check-in to the
hotel, for all incidental charges.
67. The Promoter makes no representation as to the
safety conditions or any other conditions that may
exist at any destination.
68. The winner and their guests must follow all
reasonable directions given by the Promoter and any
prize supplier during the course of their participation
in the Prize, including all directions in relation to
health, age, behaviour, safety and legal and
responsible consumption of alcohol. No
compensation will be payable if the winner and/or
their guest/s are unable to use any element of the
Prize as stated for whatever reason, including refusal
of entry or departure into or out of the relevant
country or participation in any other activities for
health, age, behaviour or safety reasons. If the
winner or their guests fails to participate in the Prize
in the manner required, as stated in this condition
and/or in the reasonable opinion of the Promoter or
any prize supplier, the balance of the Prize will be
forfeited with no compensation payable.
EVENTS
If the Prize includes attendance to any event/s, the following
terms will apply:
69. Attendance must be taken to coincide with that
event. Prizes are only valid on the dates advised by
the Promoter and can only be redeemed in
accordance with the Prize supplier’s terms and
conditions.
70. I.D to enter the venue is required. The venue
reserves the right to refuse any person entry into the
venue, including, but not limited to, those who
appear drunk or intoxicated.
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71. Dress standards apply (at the discretion of the
venue).
72. The Promoter will not be liable and takes no
responsibility for any refusal of entry by the venue of
any person for any reason.
73. Responsible services of alcohol laws will be strictly
enforced.
74. If any part of the event is abandoned, called off,
varied or postponed for any reason, then at the
Promoter’s discretion, the relevant winner (and their
guests, if applicable) forfeits all rights to attend the
relevant event and no cash or alternative tickets will
be substituted for that element of the Prize.
75. If the Prize involves the winner and any guests (if
applicable) attending an event, meeting or attending
a function with a celebrity or other public figure, the
Promoter will not be liable for the failure of the
winner (and their guests, if applicable) to meet that
person or failure of that person to attend the
function, for whatever reason.
Clothing Products
76. If the Prize includes clothing or accessories, the size
and style of the clothing/accessories included in the
Prize will be determined at the sole discretion of the
Promoter.
Apple Products
77. If the Prize includes an Apple product, entrants
acknowledge that Apple is not a participant in or
sponsor of this Promotion.
General
78. The Promoter reserves the right to take any action
necessary in its sole discretion at any time.
79. Entrants acknowledge that there may be inherent
risks in some aspects of the Promotion and that
participation in the Promotion and/or using the Prize
may involve participating in dangerous activities. By
entering this Promotion and/or accepting the Prize,
entrants accept that risk.
80. The winner and their guests must declare to the
Promoter and/or any prize supplier any healthrelated issues that may affect their safe participation
in any part of the Promotion or Prize (where
applicable) and obtain a written clearance from their
doctor in this respect. The Promoter (upon
consultation with any relevant qualified person)
reserves the right to refuse to allow a winner or their
guest to take part in an aspect of a Prize, if the
Promoter determines, that a winner is not in the
mental or physical condition necessary to be able to
safely participate in that aspect Prize.
81. In order to participate in this Promotion and/or the
activities which may be awarded as part of the Prize,
the winner (and their guest/s, as applicable) must
comply with applicable height, weight, health,
fitness, skill, balance, dexterity and any other
requirements normally associated with the particular
activity.
82. It is the entrant’s responsibility to ensure that they
(and their guest/s, as applicable) are sufficiently
healthy and fit so as to safely participate in this
Promotion, any Challenge and/or undertake the
activities awarded as part of the Prize.
83. If the Promoter becomes aware after an entrant has
won a Prize that the entrant has not complied with
these Terms and Conditions, that entrant will have
no entitlement to the Prize, even if the Promoter has
announced them as a winner. That entrant will be
required to return, refund or otherwise make
restitution of the Prize.
84. The Promoter reserves the right to verify the validity
of any entries and in its sole discretion, disqualify any
or all entries from, and prohibit further participation
in this Promotion by, any person who: (a) tampers
with or benefits from any tampering with the entry
process or with the operation of the Promotion; (b)
acts in violation of these Terms and Conditions; (c)
acts in a disruptive manner; (d) acts with the intent
to annoy, abuse, threaten or harass any other
person; or (e) engages in any unlawful or other
improper misconduct calculated to jeopardise the fair
and proper conduct of the Promotion. The
Promoter’s legal rights to recover damages or other
compensation from such an offender are reserved.
85. To the full extent permitted by the law the Promoter
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
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.
86. 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.
87. The winner acknowledges that the Prize may be
subject to additional terms and conditions imposed
by third parties. The winner and guest must become
acquainted with any such additional terms and
conditions prior to taking the Prize and the winner
and guest agree to be bound by such terms and
conditions. 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.
88. 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
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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