“NBL X NBA TRIP OF A LIFETIME” PROMOTION terms and conditions
“NBL X NBA TRIP OF A LIFETIME” PROMOTION
TERMS AND CONDITIONS
“NBL X NBA TRIP OF A LIFETIME” PROMOTION terms and conditions
“NBL X NBA TRIP OF A LIFETIME” PROMOTION
TERMS AND CONDITIONS
Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
The promoter is National Basketball League Pty Ltd (ABN: 65 164 187 937) of Level 12, 10 Queens Road, Melbourne VIC 3004, telephone: 03 8391 6099 (“Promoter”).
The sponsors are:
Adelaide Basketball Pty Ltd of 44a Crittenden Rd, Findon, SA, 5023 (ABN: 71 605 955 431)
Taipans Basketball Incorporated of PO Box 875 Bungalow, QLD 4870
(ABN: 51 582 744 348)
Illawarra Hawks Pty Ltd of PO Box 7083 Gwynneville 2500 (ABN: 43 605 085 354)
Melbourne United Basketball Club Pty Ltd of Level 13, 10 Queens Road, Melbourne VIC 3004 (ABN: 42 158 938 624)
Wildcats 2000 Pty Ltd of 201 Underwood Avenue, Floreat, WA 6014 (ABN: 84 088 866 139)
Kings Basketball Pty Ltd of Unit 28, 11 – 21 Underwood Rd, Homebush NSW 2140 (ABN: 42 142 783 962)
Brisbane Bullets Basketball Pty Ltd of 4/50 Borthwick Avenue, Murrarie, QLD 4172 (ABN: 66 608 193 497)
NZ Breakers Basketball Limited of 7 Atlas Place, Mairangi Bay, Auckland 0632
(“the Sponsors”).
Entry is only open to Australian and New Zealand residents aged 18 years or over who are able to travel to Canada and/or the United States of America in late September/early October in the event they are drawn as the winner.
Employees (and their immediate families) of the Promoter, Sponsors, partners of the Promoter (both official and unofficial) and all other 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.For purposes of clarity, and without limitation to the foregoing paragraph, employees of NBA Properties, Inc., the National Basketball Association (the “NBA”), NBA Media Ventures, LLC, NBA Asia, Limited and the NBA member teams (collectively, the “NBA Entities”), including affiliates, agents and immediate family members and/or those living in the same household of such employees, are not eligible to enter or win the promotion.
Promotion commences on 31/07/2018 and ends at 11:59pm AEST on 28/08/2018 (“Promotional Period”).
To enter, individuals must, during the Promotional Period, complete one (1) of the following:Online - visit www.nbl.com.au/nblxnba, follow the prompts to the promotion entry page, input the requested details (including their full name, email address, telephone number and postcode) and submit the fully completed entry form; or Facebook – click on the promotional advertisement on Facebook to be taken to an online entry form, input the requested details (including their full name, email address, telephone number and postcode) and submit the fully completed entry form; or Instagram - click on the promotional advertisement on Instagram, to be taken to an online entry form input the requested details (including their full name, email address, telephone number and postcode) and submit the fully completed entry form.
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.
Incomplete or indecipherable entries will be deemed invalid.
Only one (1) entry permitted per person.
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.
The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250 on 30/08/2018 at 12noon AEST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified by telephone and in writing within two (2) business days of the draw and their name will be published at www.nbl.com.au/nblxnba and the NBL Facebook Page (www.facebook.com/TheNBL) from 01/09/2018.
The Promoter’s decision is final, and no correspondence will be entered into.
The first valid entry drawn will win a trip for two (2) people to the USA and/or Canada to watch two (2) NBL teams take on two (2) US NBA teams, valued at up to AU$16,500 depending on point of departure. Prize includes:Two (2) x return economy airfares from winner's nearest Australian capital city (if winner resides in Australia) or from the nearest capital city in NZ (if winner resides in New Zealand) to the winner’s selected destinations in the USA or Canada (see below for further details), with connecting flights between the two (2) destinations; Two (2) x tickets to the winner’s choice of two (2) NBL vs NBA games (details in list below); Up to eight (8) nights twin share minimum four (4) star accommodation (nights to be split between the two (2) chosen destinations, as required). For clarity, the Promoter, in its sole discretion, will award the relevant number of nights up to a maximum of eight (8) nights of accommodation depending on the scheduled dates of the selected games; and US$1,500 spending money for the winner only (awarded via prepaid card). The winner can choose to attend two any two (2) of the following games:
Melbourne United V Philadelphia 76ers on 28/09/2018 at Wells Fargo Centre, Philadelphia, USA;
Perth Wildcats V Utah Jazz on 29/09/2018 at Vivint Smart Home Arena, Utah, USA;
Sydney Kings V LA Clippers on 30/09/2018 at Stan Sheriff Centre Honolulu, Honolulu, USA;
New Zealand Breakers V Phoenix Suns on 03/10/2018 at Talking Stick Arena, Phoenix, USA;
Melbourne United V Toronto Raptors on 05/10/2018 at Air Canada Centre, Toronto, Canada;
Perth Wildcats V Denver Nuggets on 05/10/2018 at Pepsi Centre, Denver, USA; or
Adelaide 36ers V Utah Jazz on 05/10/2018 at Vivint Smart Home Arena, Utah, USA.
Once the winner has confirmed in writing to the Promoter the two (2) games they wish to attend from the list above, the Promoter will liaise with the winner to finalise the details of their prize. For the removal of doubt the winner cannot choose two (2) games on the same date. The winner must claim their prize and confirm their two (2) games with the Promoter by 5pm AEST on 13/09/2018.
Additional spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, transfers (including but not limited to transport to and from the NBL vs NBA games), items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken to coincide with the NBL vs NBA games held in late September/early October, subject to booking and flight availability. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age. The winner and his/her companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The winner and his/her companion must depart from and return to the same departure point and travel together. In the event the winner and/or his/her companion miss a scheduled flight, they will be responsible for any costs associated with booking a new flight. Itinerary to be determined by the Promoter in its absolute discretion (including but not limited to the exact airline, departure time, arrival time and accommodation). In the event the winner wishes to change the itinerary (such as the airfares), they may do so at their own expense, subject to approval by the Promoter. The tickets to the two (2) NBL vs NBA games cannot be changed once confirmed/issued. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in. As a condition of accepting the prize the winner and his/her companion must take out travel insurance to the Promoter’s satisfaction (comprehensive travel insurance covering property loss and damage, and full medical cover) at their own expense. The winner and his/her companion must provide evidence of valid travel insurance (i.e. a certificate) to the Promoter in order to receive the prize.
Subject to the unclaimed prize draw clause, if for any reason the winner does not take / redeem the prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
If the prize (or part of the 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, subject to any written directions from a regulatory authority.
The tickets for the two (2) NBL vs NBA games are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
Total prize pool value is up to AU$16,500.
Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
A draw for the prize, if unclaimed, may take place on 14/09/2018 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified by telephone and in writing within two (2) business days of the draw and their name will be published at www.nbl.com.au/nblxnba and the NBL Facebook Page (www.facebook.com/TheNBL) from 17/09/2018. The unclaimed prize draw winner must claim their prize and confirm their two (2) games with the Promoter by 5pm AEST on 21/09/2018.
In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
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.Additionally, entrants (if minor, his/her parent or legal guardian) agree that the NBA Entities and their designees and assigns may use the participant’s name, voice, city/state of residence, photos, video or film clips, and/or other visual likeness for advertising and/or trade purposes and/or for any other purpose in any media or format now or hereafter known without further compensation (financial or otherwise), permission or notification.
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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) 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.
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) if the any of the NBL vs NBA games are delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) taking of the prize / attendance at the prize event.Without limitation to the foregoing paragraph, the NBA Entities and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents shall have no liability and will be released and held harmless from any claim, action, liability, loss, injury or damage, including, without limitation, personal injury or death to winner or any third party or damage to personal or real property due in whole or in part, directly or indirectly, by any reason, including the acceptance, possession, use or misuse of the prize and/or participation in this promotion.
As a condition of accepting the prize, the winner (and his/her companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
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, prize suppliers and, as required, to Australian regulatory authorities. 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 http://nbl.com.au/more/legal. 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 may disclose entrant’s PI to entities outside of Australia – see Privacy Policy for details.
The Promoter may also disclose PI to selected partners (such as the Sponsors and the NBA Entities (USA)) who may use the information for their own marketing purposes. For details on how PI will be handled by such partners, entrants should view their privacy policy. The privacy policy of the Sponsors can be viewed at: http://nbl.com.au/more/legal and the NBA USA at: http://www.nba.com/news/privacy_policy.html.
NSW Permit No. LTPS/18/25328. ACT Permit No. TP18/01149. SA Permit No. T18/1057
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