1. These Competition Terms and Conditions consist
of the Entry Details, the Standard Terms and
Conditions and any other documents issued by
1. These Competition Terms and Conditions consist
of the Entry Details, the Standard Terms and
Conditions and any other documents issued by
ESPN into which these Competition Terms and
Conditions are incorporated by reference.
Terms and Conditions – Game of Chance
2. Unless the context otherwise requires, any
capitalised terms contained in these Standard
Terms and Conditions shall have the meaning
contained in the Entry Details unless otherwise
defined herein.
3. This Competition is a game of chance. Skill plays
no part in determining the winner(s).
4. Entry is only open to eligible entrants as
described in Item B (“you”, “entrant”). Neither
you nor anyone in your immediate family may be
an employee of ESPN or any of its respective
affiliate, subsidiary or parent companies, or may
be otherwise affiliated with ESPN ,connected to
Anouconcept as trustee for The Anou Unit in any
way or connected to the Competition in any way.
5. Entry into the Competition is free (except for any
normal internet or mobile connection charges
that may apply).
6. Your Entry must be complete, in English and
legible. You are solely responsible for the
submission of your Entry. ESPN accepts no
responsibility for lost, late or misdirected
entries. ESPN reserves the right to verify the
validity of entries and to disqualify any entrant
who tampers with the entry process.
7. ESPN may disqualify you if you or your Entry do
not meet any one or more of the requirements
set out in these Competition Terms and
Conditions, if your Entry includes any
objectionable material or infringes the rights
(including intellectual property rights) of any
third party, or if you tamper in any way with the
operation of the Competition.
8. If entry into the Competition is via Facebook,
Instagram or Twitter (“Social Media Platform”):
a. Entry and continued participation in the
Competition is dependent on the entrants
following and acting in accordance with the
terms and conditions of the Social Media
Platform.
b. ESPN is not responsible or liable for any loss,
damage or injury suffered by any entrant as
a result of conduct on the Social Media
Platform, including any decision by the
Social Media Platform to remove or not
remove any content, except for liability
which cannot be excluded by law.
c. This Competition adheres to the terms and
conditions and promotion guidelines of the
Social Media Platform.
d. This Competition is in no way sponsored,
endorsed or administered by, or associated
with the Social Media Platform.
e. Entrants understand that they are providing
their information to ESPN and not to the
Social Media Platform.
f. Any questions, comments or complaints
about this Competition must be directed to
ESPN and not to the Social Media Platform.
g. All entrants unconditionally and irrevocably
release and discharge the Social Media
Platform from any and all liability in relation
to this Competition.
9. The prize draw for the Competition will be
conducted electronically on the Selection Date
by Anouconcept as trustee for The Anou Unit
Trust at 84 Wellington Street, St Kilda VIC 3182.
The Winner will be selected from the valid
Entries submitted to the Competition by a
random selection computer program
(“Winner”).
10. The Winner’s first name, last name and postcode
will be published on the Competition Page for a
minimum of 28 days from the Notification Date.
11. If an entrant does not claim their prize by the
Prize Claim Deadline detailed at Item H, or if any
person first chosen as a Winner is found to be
ineligible and is disqualified, in either event,
another entrant may be selected as a
replacement Winner as part of the Unclaimed
Prize Draw at Item I.
12. If you are a Winner, you agree that:
a. You may not transfer the Prize to anyone or
ask for any alternative Prize (including cash).
b. In the unlikely event that the Prize becomes
unavailable, ESPN may replace the Prize
with another prize of equal value.
c. If you are not able to take the Prize as stated
(including where it is specified that the Prize
must be taken on a specific date or during a
specific time frame), you will forfeit the
Prize and no payment or compensation will
be made in lieu.
Terms and Conditions – Game of Chance
d. Once the Prize has left the premises of ESPN,
responsibility for any damage, delay or loss
to the Prize during transit will pass to you.
e. ESPN may ask that you or your parent/legal
guardian provide proof of your age, identity
and residency, and to sign any required
documentation including release forms, as a
condition of claiming the Prize.
f. You or your parent/legal guardian are
responsible for all expenses and taxes in
connection with your participation in the
Competition and for all expenses and taxes
not expressly included in the Prize.
g. If requested by ESPN, you may be required
and must agree to be filmed during the
presentation of the Prize without
remuneration or compensation.
h. You hereby grant to ESPN the right to issue,
and authorise others to issue, publicity in
connection with the promotion of the
Competition, and the right to use your name
(including any professional name or
sobriquet adopted by you), likeness and
biographical data in connection with the
promotion of the Competition for an
unlimited period of time without
remuneration or compensation.
i. ESPN accepts no responsibility for any
variation in the value or the make-up of the
Prize or any event that occurs that is beyond
ESPN’s reasonable control.
13. If the Prize includes attendance at an event:
a. You and your guest/s must at the very least
be able and willing to attend the event on
the date/s as specified by ESPN.
b. You acknowledge that yours, and your
guests’, participation in and attendance at
any event may be subject to additional
terms and conditions imposed by third
parties. ESPN does not accept and is not
liable for additional conditions imposed at
any event or for the breach of those
conditions by any person.
c. Except in the event that you are under the
age of 18, in which case at least one of your
guests must be a parent or legal guardian
over the age of 18, ESPN is not responsible
for selecting any person accompanying you
as your guest or determining any other
details of the Prize or taking direction that
relates to legal determinations concerning
your guest/s. These are the responsibility of
you as the Winner.
d. You are solely responsible for the actions of
your guest/s while in attendance at the
event.
14. If the Prize involves travel:
a. The exact cost of any flights that may be
included as part of a Prize will vary
depending on the Winner’s place of
departure.
b. You and your guest/s must at the very least
be able and willing to travel on or between
the date/s as specified by ESPN in the Entry
Details.
c. Redemption of travel, accommodation and
other experiential components or activities
that are part of the Prize are subject to
availability at the time of booking and any
additional ticketing requirements is at the
expense of the Winner.
d. Except as set out in the Entry Details and
unless to the extent otherwise specified,
you are responsible for all costs and
expenses connected to your participation in
the Prize, including without limitation
meals, drinks, transfers, laundry charges,
activities, incidentals, taxes, energy
surcharges, gratuities, services charges,
passports, visas and all other ancillary costs.
e. Except as set out in the Entry Details and
unless to the extent otherwise specified,
you are responsible for purchasing travel
insurance. Travel insurance is highly
recommended to protect against the
additional costs incurred in the event of
unforeseen circumstances.
f. It is the responsibility and expense of each
Winner and their guest/s to ensure that
prior to traveling, their personal
documentation (including but not limited to
passports, visas etc.) is valid, they have
undertaken any required health checks
and/or immunisations and they have
checked for travel warnings and any
perceived hazards with appropriate
authorities. Any expenses incurred as a
result of not meeting such requirements are
the sole responsibility of the Winner and
their guest/s.
Terms and Conditions – Game of Chance
15. If any Prize (or portion of a Prize) is provided by
a third party, that Prize (or portion of) is subject
to the terms and conditions of the third party
prize supplier and the provision of the Prize (or
portion of) is the sole responsibility of the third
party and not ESPN. To the extent of any
inconsistency, the terms and conditions of the
prize supplier will prevail over these Competition
Terms and Conditions.
16. ESPN will own and will not return your Entry at
the end of the Competition. You may not
disclose your Entry to anyone other than ESPN
and may only use your Entry to participate in the
Competition. You may keep a copy of the Entry
for archiving purposes.
17. You agree that all of the rights (including
intellectual property rights) in your Entry,
including any copyright works in your Entry,
belong to ESPN and you hereby assign any rights
you may have to ESPN. This includes all
copyright (present or future), other intellectual
property rights and rights of ownership. You
grant a perpetual worldwide license (including a
right to sub-license) to ESPN of all rights in your
Entry pending completion of this assignment.
18. You warrant and represent that any material
submitted by You as part of your Entry will not
infringe any copyright, trademarks or other
intellectual property rights of any third party
(including moral rights) and that you have all
rights to use the materials and have obtained all
necessary consents to comply with any relevant
privacy and/or confidentiality requirements.
19. You agree to do all things necessary (which may
include signing relevant documentation) to
transfer these rights to ESPN and you represent
and warrant that you have all of the rights
necessary to effect the transfer of rights to ESPN.
20. You consent to ESPN doing or omitting to do
anything that infringes your moral rights in your
Entry. Moral rights are your inherent rights in
your Entry as the author and/or performer in the
Entry and comprises the rights:
a. to be attributed as the author of the Entry;
b. not to have your authorship of the Entry
falsely attributed; and
c. of integrity of authorship and/or
performance.
21. If for any reason this Competition is not capable
of running as planned, including infection by
computer virus, bugs, tampering, unauthorised
intervention, fraud, technical failures,
unforeseen legal or commercial circumstances
or any other causes beyond the control of ESPN
which corrupt or affect the administration,
security, fairness, integrity or proper conduct of
this Competition, ESPN reserves the right, in its
sole discretion, to cancel, terminate, modify,
delay or suspend the Competition, subject to
regulatory authority.
22. To the fullest extent permitted by law, neither
ESPN nor any of its affiliated companies, nor any
of their respective directors, officers, agents,
employees, contractors or representatives
(altogether the “Entities”) are liable and accept
no responsibility, and you release each of the
Entities from liability, for any loss or damage that
you may suffer in connection with your
participation in the Competition, including
without limitation if:
a. the Competition if cancelled, modified or
suspended or delayed, including under
paragraph 21;
b. ESPN does not receive your Entry within the
Competition Period for any reason; or
c. if you win a Prize and there is any delay or
failure by the third party to deliver the Prize,
or there is any delay or failure relating to the
Prize itself (including any negative
encounter experienced by you or your
guest/s, including but not limited to
cancellation, changes or delays of flights or
other transport arrangements, inclement
weather or any illness experienced) or
failure by any third party to meet any of its
obligations in connection with a Prize.
23. The Competition and Consumer Act 2010 (Cth) as
well as other laws in Australia may imply certain
conditions, warrants and undertakings, and give
you other legal rights. If they apply, they cannot
be modified or excluded by any contract. You
may consider seeking legal advice as to whether
they apply to you.
24. Nothing in these Terms and Conditions generally
affect your rights under Australian consumer law
(as contained in Schedule 2 of the Competition
Terms and Conditions – Game of Chance
and Consumer Act 2010 (Cth) and equivalent
State and Territory fair trading legislation)
regarding consumer guarantees to the extent
that such consumer guarantees cannot be
excluded by law. Other than these consumer
guarantees, and subject to these Terms and
Conditions, ESPNmakes no warranties about any
prizes offered as part of the Competition,
including warranties as to the quality,
merchantability or fitness for purpose of such
prizes.
25. You agree to indemnify the Entities against all
liabilities suffered or sustained by any of the
Entities arising from any claim that your Entry
infringes the rights (including intellectual
property rights) of any third party.
26. ESPN will collect your personal information (such
as your name and biographical data) as part of
the Competition and may use this information
for the purposes of administering the
Competition and other purposes for which we
obtain your express consent (including any “optin” to receive marketing communications from
ESPN and its Entities). Personal information may
also be disclosed to third parties (including prize
suppliers) for the purposes of administering the
promotion or providing the prizes, or to the State
and Territory lottery departments as required
under the relevant lottery legislation.
27. ESPN will comply with its privacy policy in the
collection and use of your personal
information. ESPN’s privacy policy is
available at
https://privacy.thewaltdisneycompany.com/
en/.
28. Unless expressly stated in these Terms and
Conditions, your participation in the
Competition does not entitle you to use any of
ESPN’s intellectual property rights (including any
ESPN trade mark or copyright) for any purpose.
29. If you have any concerns or disputes regarding
the Competition, then please send an email to
espnaustralia@gmail.com and we will be in
contact you.
30. These Competition Terms and Conditions are
governed by the laws of Victoria, Australia. You
submit to the non-exclusive jurisdiction of the
courts exercising jurisdiction there, and waive
any right to claim that those courts are an
inconvenient forum.
31. Any provision (or party therefor) of these
Competition Terms and Conditions that is
prohibited or unenforceable in any jurisdiction is
ineffective as to that jurisdiction to the extent of
the prohibition or unenforceability. That does
not invalidate the remaining provisions (or parts
thereof) of these Terms and Conditions not
affect the validity of enforceability of that
provision (or part thereof) in any other
jurisdiction.
32. These Terms and Conditions contain the entire
agreement between you and ESPN with respect
to the Competition. They set out the only
conduct that you have relied on and supersede
all earlier conduct and prior agreements and
understandings between you and ESPN in
connection with the Competition.
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