“SPOTIFY SUMMER TOUR WEBSITE” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
“SPOTIFY SUMMER TOUR WEBSITE” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 13 years or over. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
4. Promotion commences on 02/12/2016 and final entries close at 11:59pm AEDST on 27/12/2016 (“Promotional Period”).
5. To enter, individuals must, during the Promotional Period, visit spotifysummer.com.au, follow the prompts to the promotion entry page, input the requested details including an answer to the question “What is your favourite summer song and why” in 25 words or less, and submit the fully completed online entry form.
6. Upon competing the entry form, entrants will be given the opportunity to complete up to four (4) tasks to earn points. Entrants must follow the instructions provided online, to complete the relevant task/s. Entrants may complete all four (4) tasks in an attempt to earn maximum points. Entrants may need to sign in to their relevant social media accounts, email account and/or Spotify account in order to complete the relevant task. The tasks and points available per task are as follows:
7. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
8. Incomplete or indecipherable entries will be deemed invalid.
9. Only one (1) entry is permitted per person. For clarity, each entrant may only answer the promotional question once and will only be given one (1) opportunity to complete the four (4) tasks available. Tasks must be completed in the same day in which their entry is submitted.
10. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
11. There will be one (1) prize awarded for each day of the Promotional Period (for a total of 26 days). Entries open at 12:00am AEDST and close at 11:59pm AEDST each day of the Promotional Period (each a “Daily Entry Period”).
12. On the following business day after entries close for each Daily Entry period, the Promoter will judge the answer to the promotional question submitted for each entry (for that Daily Entry Period) and award each entry a score out of ten (10) based on creativity as well as how well the answer embodies the Spotify summer campaign, which includes Cheeky, Fun, Positivity and Playfulness. The judging for each Daily Entry Period will take place at Play Communications, Level 1, 91 Campbell Street, Surry Hills, 2010. For the removal of doubt, no judging will be conducted during the weekend. The Promoter will then calculate the points earned by each entrant based on the score for the answer to the promotional question and the tasks completed (if any). The entrant with the highest score for each Daily Entry Period will win the prize. In the event of a tie between two (2) or more entries with the same total highest score, the Promoter will re-judge the answers to the promotional question (submitted by the tied entrants) and the best entry as determined by the judges will win the prize.
13. Non-winning entries in each Daily Entry Period will be entered into any subsequent Daily Entry Periods. Winners will be notified email. Winners will be announced online at SpotifySummer.com.au on the following business day after entries close for each Daily Entry period. This is a game of skill and chance plays no part in determining the winners.
14. Winners will have eight (8) hours from the time their winner notification email is sent to respond accordingly in order to claim their prize. If after eight (8) hours the winner has not responded, after reasonable attempts from the Promoter to make contact, the winner will forfeit their prize and a new winner will be selected in accordance with Clause12 above.
15. The Promoter’s decision is final and no correspondence will be entered into.
16. The prize awarded for each Daily Entry Period is a Pool Party Prize Pack valued at $420.92. Each Pool Party Prize pack includes:
· 4x Spotify-branded black hat valued at $5.83
· 4x Spotify-branded black stubby holder valued at $4
· 4x Inflatable valued at $15. Inflatable to be awarded will be detemined by the Promoter in its absolute discretion)
· 4x Multi-coloured zinc valued at $4.20
· 4x Multi-coloured turkish towel vlaued at $14.20
· 4x Packet of water balloons valued at $2
· 1x Inflatable limbo valued at $15
· 1x Spotify-branded clothing canvas bag valued at $25; and
· 1x UE Boom speaker valued at $200
17. If the winner of a prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian.
18. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
19. Total prize pool value is $10,943.92. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
20. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
21. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
22. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
23. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
24. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
25. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
26. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.spotify.com/au/legal/privacy-policy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter transfers, processes and stores information on servers located in a number of countries, see the Promoter’s Privacy Policy for more details.
27. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Instagram Terms of Use, which can be viewed at http://instagram.com/about/legal/terms/.
28. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram.
29. The Promoter is Spotify Australia Pty Ltd (ABN 70 154 200 941) of 120 Chalmers Street, Surry Hills NSW 2010.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
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