Warner Music Australia Pty Limited
“PORTUGAL. THE MAN – ‘FEEL IT STILL’ FOLLOW TO WIN” Competition
Terms and Conditions
Warner Music Australia Pty Limited
“PORTUGAL. THE MAN – ‘FEEL IT STILL’ FOLLOW TO WIN” Competition
Terms and Conditions
By entering Warner Music Australia Pty Limited’s (“Warner”) “PORTUGAL. THE MAN – ‘FEEL IT STILL’ FOLLOW TO WIN” Competition
STANDARD TERMS
1.1 Information and instructions on "How to Enter” form part of these conditions of entry. By entering the Competition, entrants accept and agree to be bound by these conditions of entry.
WHO CAN ENTER?
2.1 The only persons who may enter and be awarded the prize are those who;
a) are residents of Australia; and
b) are 18 years of age or older;
c) have a valid passport with at least 6 months validity;
d) have a Facebook account;
e) have a Spotify account;
f) are not employees of the Promoter or their associated companies, agencies or families
3. THE COMPETITION
3.1 The Competition is known as the “PORTUGAL. THE MAN – ‘FEEL IT STILL’ FOLLOW TO WIN” Competition
4. HOW TO ENTER
4.1 The Competition will run between 29 September 2017 at 5.00pm (AEST) and 20 October 2017 at 11.59pm (AEST) (“the Competition Period”).
4.2 To enter and win a trip to Los Angeles, California USA
(a) Step 1: Go to the URL located at https://tools.topsify.com/follow/4074/portugal-the-man ;
(b) Step 2: Follow the prompts on the webpage https://tools.topsify.com/follow/4074/portugal-the-man and
Follow the Hot Hits Australia playlist on Spotify (compulsory);
Stream the Portugal. the Man track “Feel It Still” on Spotify (optional);
Accept the terms and conditions.
(c) Step 3: Follow the prompts on the https://tools.topsify.com/follow/4074/portugal-the-man and login to your Spotify account or use your personal Facebook Connect to login to your Spotify account and accept the terms and conditions. When you follow the Hot Hits Australia playlist, the following information will be collected from your Spotify account: your registration data (name, username, email address, date of birth, gender, postal code and country). If you connect to the service using credentials from a Third Party Application (as defined in the Terms and Conditions of Use of Spotify) (e.g., Facebook), you authorise Spotify to collect your authentication information, such as your username and encrypted access credentials, which we will then collect via such Third Party Application. We may also collect other information available on or through your Third Party Application account, including, for example, your name, profile picture, country, hometown, email address, date of birth, gender, friends’ names and profile pictures, and networks.
(d) Step 4; By entering these details on https://tools.topsify.com/follow/4074/portugal-the-man you acknowledge you are opting-in to the Warner Music Australia official mailing list (compulsory) and the Portugal. The Man official mailing list (compulsory) and accept the terms and conditions.
(e) Step 5: (optional) Entrants may also follow the “Get Popped” playlist by following the instructions in clause 4.3 to improve their chances of winning. Following the aforesaid counts as one additional entry for the entrant. This will only work once.
(f) Step 6: (optional) Entrants may also follow the “Friday Funday” playlist by following the instructions in clause 4.4 to improve their chances of winning. Following the aforesaid counts as one additional entry for the entrant. This will only work once.
4.3 To enter and win a trip to Las Vegas, Nevada USA
(a) Step 1: Go to the URL located at https://tools.topsify.com/follow/4079/portugal-the-man-las-vegas ;
(b) Step 2: Follow the prompts on the webpage https://tools.topsify.com/follow/4079/portugal-the-man-las-vegas and
Follow the Get Popped playlist on Spotify (compulsory);
Stream the Portugal. the Man track “Feel It Still” on Spotify (optional);
Accept the terms and conditions.
(c) Step 3: Follow the prompts on the https://tools.topsify.com/follow/4079/portugal-the-man-las-vegas and login to your Spotify account or use your personal Facebook Connect to login to your Spotify account and accept the terms and conditions. When you follow the Get Popped playlist, the following information will be collected from your Spotify account: your registration data (name, username, email address, date of birth, gender, postal code and country). If you connect to the service using credentials from a Third Party Application (as defined in the Terms and Conditions of Use of Spotify) (e.g., Facebook), you authorise Spotify to collect your authentication information, such as your username and encrypted access credentials, which we will then collect via such Third Party Application. We may also collect other information available on or through your Third Party Application account, including, for example, your name, profile picture, country, hometown, email address, date of birth, gender, friends’ names and profile pictures, and networks.
(d) Step 4; By entering these details on https://tools.topsify.com/follow/4079/portugal-the-man-las-vegas you acknowledge you are opting-in to the Warner Music Australia official mailing list (compulsory) and the Portugal. The Man official mailing list (compulsory) and accept the terms and conditions.
(e) Step 5: (optional) Entrants may also follow the “Hot Hits Australia” playlist by following the instructions in clause 4.2 to improve their chances of winning. Following the aforesaid counts as one additional entry for the entrant. This will only work once.
(f) Step 6: (optional) Entrants may also follow the “Friday Funday” playlist by following the instructions in clause 4.4 to improve their chances of winning. Following the aforesaid counts as one additional entry for the entrant. This will only work once.
4.4 To enter and win a trip to Waikiki, Hawaii USA
(a) Step 1: Go to the URL located at https://tools.topsify.com/follow/4084/portugal-the-man-hawaii/ ;
(b) Step 2: Follow the prompts on the webpage https://tools.topsify.com/follow/4084/portugal-the-man-hawaii/ and
Follow the Friday Funday playlist on Spotify (compulsory);
Stream the Portugal. the Man track “Feel It Still” on Spotify (optional);
Accept the terms and conditions.
(c) Step 3: Follow the prompts on the https://tools.topsify.com/follow/4084/portugal-the-man-hawaii/ and login to your Spotify account or use your personal Facebook Connect to login to your Spotify account and accept the terms and conditions.
(d) Step 4; By entering these details on https://tools.topsify.com/follow/4084/portugal-the-man-hawaii/ you acknowledge you are opting-in to the Warner Music Australia official mailing list (compulsory) and the Portugal. The Man official mailing list (compulsory) and accept the terms and conditions.
(e) Step 5: (optional) Entrants may also follow the “Hot Hits Australia” playlist by following the instructions in clause 4.2 to improve their chances of winning. Following the aforesaid counts as one additional entry for the entrant. This will only work once.
(f) Step 6: (optional) Entrants may also follow the “Get Popped” playlist by following the instructions in clause 4.3 to improve their chances of winning. Following the aforesaid counts as one additional entry for the entrant. This will only work once.
4.3 Entrants must enter by 1159.pm (AEST) on 20 October 2017 to be eligible to win the prize. The time of entry will in each case be the time the registration is received by the ToneDen.io platform. No responsibility is accepted for late, incomplete, lost or misdirected entries.
4.4 Entrants may only register once and thus enter the Competition only once.
4.5 Entries must not infringe any law or intellectual property right (including copyright) or otherwise breach these terms and conditions, and the Promoter reserves the rights to disqualify any entrant who submits an entry of the kind described in this clause.
4.6 All entries shall be and remain the property of the Promoter and may be used in future commercial and marketing exercises.
5. HOW TO WIN
5.1 The Winner will be drawn randomly. The Prize Draw will be held on 21 October 2017 at 10:00am AEST (“the Prize Draw Date”) at Warner Music Australia, 39-47 Albany Street, Crows Nest, Sydney NSW 2065 (“the Prize Draw Location”).
5.2 The Winner will be notified by email on 21 October 2017. If you are chosen as a winner and your contact details have changed since your entry, Warner reserves the right to disqualify your entry and select an alternative winner. The Winner’s details will be made available on the official Warner Music Australia website located at www.warnermusic.com.au on 21 October 2017.
5.3 In the event of any prize not being accepted or claimed, the Promoter will conduct an unclaimed prize draw, from all remaining entries at the Prize Draw Location at 10:00am AEST, on 21 January 2018, three (3) months after the Prize Draw Date (“the Unclaimed Prize Draw Date”). The unclaimed prize Winner will be notified by email within two (2) days of the Unclaimed Prize Draw Date (“the Unclaimed Prize Draw Winner”) and the Unclaimed Prize Draw Winner’s details will be made available on the Warner Music Australia website located at http://www.warnermusic.com.au/win on 21 January 2018.
5.4 If any of the following circumstances apply, the Winner will be deemed to have forfeited the prize (but this shall not represent the sole remedy available to us) and an alternative winner will be selected from the remaining eligible entrants using the process set out above:
(a) if the Winner has not claimed their prize by the date specified in the winner notification, we reserve the right to conduct a further draw in accordance with clause 5.1 above to award the prize to another entrant;
(b) the prize (or any correspondence relating thereto, e.g. a notification from us confirming a winning entry) is returned as non-deliverable;
(c) the relevant winner does not provide requested evidence of identity, age, residency, or being the authorised holder of the email account from which the entry was submitted to our satisfaction within 48 hours of such request being made;
(d) the prize is attendance at, or tickets to, an event or destination and the relevant winner is not available to travel and/or attend the destination on the relevant dates; or
(e) we determine non-compliance with any of these T&Cs.
6. PRIZE
6.1 There will be one (1) Winner for the entire Competition. The Winner will win a prize package for (2) people, being the Winner and one (1) travelling companion (which travelling companion must also be 18 years of age or older), detailed below:
If the Winner is randomly selected from following the Hot Hits Australia Playlist:
i. Only two (2) return economy flights from the Winner’s nearest capital city to Los Angeles, California USA on a date between February 2018 and May 2018 (to be determined by Warner), leaving Los Angeles, California USA for return on a date between February 2018 and May 2018 (to be determined by Warner) (maximum retail value A$4,000.00)
ii. Five (5) night’s accommodation at 4 star hotel in Los Angeles California , selected by the Promoter (maximum retail value A$3,000.00)
If the Winner is randomly selected from following the Get Popped Playlist:
i. Only two (2) return economy flights from the Winner’s nearest capital city to Las Vegas, Nevada USA on a date between February 2018 and May 2018 (to be determined by Warner), leaving Los Angeles, California for return on a date between February 2018 and May 2018 (to be determined by Warner) (maximum retail value A$4,000.00)
ii. Five (5) night’s accommodation at 4 star hotel in Las Vegas, Nevada USA selected by the Promoter (maximum retail value A$3,000.00)
If the Winner is randomly selected from following the Friday Funday Playlist:
i. Only two (2) return economy flights from the Winner’s nearest capital city to Honolulu, Hawaii USA on a date between February 2018 and May 2018 (to be determined by Warner), leaving Honolulu, Hawaii USA for return on a date between February 2018 and May 2018 (to be determined by Warner) (maximum retail value A$4,000.00)
ii. Five (5) night’s accommodation at 4 star hotel in Waikiki, Hawaii USA selected by the Promoter (maximum retail value A$3,000.00)
6.2 The total retail value of the prize pool is AU$7,000.00 (inclusive of GST). Prize value is based upon the recommended retail prices at 29 September 2017 and Warner accepts no responsibility for any change in prize values between now and the date that the various prizes are claimed. Warner reserves the right to request the Winners to provide proof of age and identity, residency and entry into the Competition in order to claim the prize which will be verified at the discretion of Warner.
6.3 Prize details are correct at 29 September 2017. Should any part of the prize be unavailable due to unforeseen circumstances or reasons beyond the control of the Promoter, the Promoter may at its discretion vary or amend prizes so as to provide reasonable alternative prizes and the Winner agrees that no liability shall attach to the Promoter or parties connected to the Promoter as a result.
6.4 Prizes are not transferable and cannot be redeemed for cash or other goods or services and cannot be taken in parts.
6.5 The Winner and his/her travelling companion must travel at the same time, must depart from the same capital city and are responsible for transport from their residence to their nearest capital city for flight departure (Sydney, Canberra, Melbourne, Hobart, Adelaide, Darwin, Brisbane or Perth). Tickets will not be exchanged for another destination.
6.6 The nominated airline makes no representation as to the safety, conditions or other issues that may exist at the destination of travel.
6.7 Travel must be redeemed and completed in line with the Promoter’s selected travel dates and is subject to accommodation and flight availability.
6.8 If for any reason any Winner does not (or is not able to) claim an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited and cash will not be awarded in lieu of that element of the prize.
6.9 By accepting the prize each Winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize including being interviewed, photographed and/or filmed;
6.10 Air tickets are available on the regular scheduled services of the airline. Flight itinerary may have to be adjusted depending on the airlines departure city and their current flight schedule.
6.11 A credit card imprint or cash deposit may be required from the Winner at check-in to the hotel, for all incidental charges. Once accommodation vouchers are issued they are non-changeable.
6.12 The Winner and his/her companion will be responsible for all necessary travel documents including passports (which must have a minimum of 6 months validity remaining on them upon return to Australia) ESTA, visas etc and the Promoter will not be responsible for any such documentation.
6.12 The Winner and his/her companion are responsible for all expenses including but not limited to ESTA, visas, travel to and from the airport, spending money, meals, drinks, activities, incidentals, taxes, fuel surcharges, gratuities, services charges, travel insurance and all other ancillary costs. Travel insurance is highly recommended.
6.13 It is a condition of accepting the prize that the Winner and his/her travelling companion must comply with all the conditions of use of the prize and prize supplier’s requirements.
6.9 It is a condition of accepting the prize that the Winner and his/her travelling companion may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
7. NO LIABILITY
7.1 To the fullest extent permitted by law, Warner and its affiliates, associated agencies and companies (together called ‘Warner’) will not be liable or responsible for any loss (including direct, indirect and consequential loss), costs (including legal costs), damage or injury to property or person that is suffered or incurred as a result of or in connection with:
(a) the Competition including participating in any prize (including but not limited to attendance at a Selected Show);
(b) any late, lost or misdirected entries or failure to receive any entry in the Competition;
(c) any prizes damaged or lost in transit;
(d) any travel won in or in connection with the Competition;
(e) any problem, failure, delay, unavailability or inaccessibility with, of or to any communications network, service or transmission (including telephone, Internet or website);
(f) any cancellation, modification or suspension of the Competition in accordance with clause 7.2 or clause 7.3;
(g) any unauthorised human intervention in any part of the Competition (including but not limited to theft, destruction, alteration or unauthorized access of or to any entries);
(h) any electronic or human error which may occur in the proper administration of the Competition;
(i) any act or omission, deliberate or negligent, by Warner, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to a prize Winner and, where applicable, to any persons accompanying a prize Winner;
(j) any circumstances outside Warner’s reasonable control.
This clause does not operate to limit the rights or obligations of the parties imposed by the operation of the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (ACL) to the extent that they may not be limited or excluded, in which case the terms of the ACL shall apply.
7.2 In the event that any event or action outside Warner’s control prevents or significantly hinders Warner’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 and act of terrorism), Warner may in its absolute discretion cancel the Competition and recommence it from the start at another time on the same conditions. If the Competition is regulated by any applicable government body, the cancellation or recommencement of the Competition will be subject to any requirements imposed by such body.
7.3. If for any reason this Competition is not capable of running as planned due to causes beyond the control of Warner which affect the proper conduct of this Competition, Warner reserves the right in its sole discretion to disqualify any individual who tampers with the entry process and/or take any other action against that individual that may be available, and to cancel, terminate, modify or suspend the Competition subject to the requirements of any relevant government body that regulates the running of the Competition.
7.4 The Winner is responsible for obtaining their own independent legal advice.
8. PRIVACY
8.1 The Promoter is bound by the Privacy Act 1988 (Cth) in relation to the handling of personal information. For further details of the Promoter’s privacy policy please go to www.warnermusic.com.au.
Entry details remain the property of the Promoter and its related entities. The Promoter is collecting the entrant's personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying Winners), and, for the purpose of sending you competition and direct marketing material in relation to programs and products and services available through the Promoter. The Promoter is collecting each entrants e-mail address for the official Warner Music Australia Mailing List and the official Portugal. The Man Mailing List. The entrant may request access to his or her personal information by writing to the Digital Marketing Manager at 39-47 Albany Street, Crows Nest, New South Wales, 2065.
9. HEADINGS
9.1 The headings in these Conditions are for convenience only and do not affect interpretation.
10. ENTIRE CONDITIONS
10.1 These conditions constitute the entire agreement of the parties relating to the entry into and the conduct of this Competition
11. PROMOTER’S DETAILS
11.1 The Promoter is Warner Music Australia Pty Limited (ABN 35 000 815 565) of
39 –47 Albany Street, Crows Nest NSW 2065
11.2 Authorised under NSW Permit No. LTPS/17/18315 and ACT Permit No. TP 17/01980.
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