Win a trip to Sydney to meet an Apollo Astronaut! National Geographic

TERMS AND CONDITIONS OF ENTRY TO THE “WIN a Trip to Sydney to Meet An Apollo Astronaut!” PROMOTION
1. THESE TERMS AND CONDITIONS APPLY TO ALL INFORMATION COLLECTED BY FOX NETWORKS GROUP AUSTRALIA PTY LTD (ABN 70 149 464 531) AND NGC NETWORK (AUSTRALIA) PTY LTD (ABN 67 077 753 603) of Level 3, 4-16 Yurong St, East Sydney NSW 2010 Australia (THE PROMOTERS) AND THIER RELATED COMPANIES AS A DATA CONTROLLER AND AS A CO-OWNER OF INFORMATION WHERE THE PROMOTERS OPERATES PROMOTIONS FOR ITS CLIENTS AND OTHER PARTNERS.
2. By entering the "WIN a Trip to Sydney to Meet An Apollo Astronaut!" chance-based promotion (the Promotion):
a. You acknowledge that you have read and understood these terms and conditions of entry (the Terms) which include information on how to enter, how the winner will be determined, the prizes, and how personal data will be collected, retained, used and shared;
b. You expressly agree to be bound by the Terms, including in particular those relating to the collection, retention, use and sharing of personal data; and
c. You confirm that you do not breach any law in your country of residence regarding the legality of entering the Promotion.
3. To the extent of any inconsistency between these Terms and any other reference to the Promotion, these Terms shall prevail.
4. The Promoters will not be responsible for any entrant entering the Promotion unlawfully or otherwise in breach of local law. You are advised to check or seek advice on your local law before entering the Promotion.
5. The Promoters reserve the right, in their sole and absolute discretion, but subject to State and Territory legislation, to:
a. amend or vary any of the Terms. If the Promoters amend or vary any Term relating to the collection, retention, use and/or sharing of personal data that has already been collected, such amendments and/or variations will be posted on our website at www.nationalgeographic.com.au/win, where you will be given the opportunity to opt-out of the new use(s) of such data; and
b. terminate or disqualify any entrant’s entry for the Promotion or reclaim any Prize(s) at any time if it is the opinion of the Promoters that there has been a breach of any of the Terms by such entrant (whether discovered during or after the end of the Promotion).
Entry to the Promotion
6. Entry to the Promotion is open to all residents of Australia who are:
a. aged 18 years and above on the date of entry,
b. current Foxtel, Optus TV featuring Foxtel, Foxtel Play subscriber, Foxtel from Telstra subscriber or live in a household with a Foxtel, Optus TV featuring Foxtel or Foxtel from Telstra subscription, and have the subscriber’s permission to enter the Promotion. The relevant subscription account must not be in arrears and be active from the Commencement Date until the Unclaimed Prize Draw Date;
c. Minor prize winners must be based in the location of each event. 5 winners will be drawn from the following locations: Sydney, Melbourne and Canberra.
d. Entrants must be available to travel to Sydney during the month of November 2016 for a period of three days.
e. All flights and accommodation once confirmed cannot be changed.
f. No extensions or route changes are permitted.
7. Entry is not open to:
a) employees of the Promoter, Foxtel, Optus TV featuring Foxtel, Foxtel Play, Foxtel from Telstra or any other company associated with the Promoter and/or the Competition; or
b) a spouse, de facto spouse, parent, child or sibling (whether natural or by adoption) of such an employee;
8. Notwithstanding the above, where your entry in the Promotion is prohibited or restricted by law or otherwise in your place of residence, it shall be completely void.
9. ONEPRIZE PER PERSON, You may enter the Promotion twice but only one prize will be awarded per entrant. Each entry must be submitted separately and in accordance with the entry requirements.
10. Employees and their immediate families of the Promoters and any related companies, individuals, sponsors and/or advertising agencies may not enter the Promotion. “Immediate family” means any of the following: spouse, ex-spouse, defacto 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.
The Promotion
11. The Promotion is open from 03 October 2016 at 00:01 (the Commencement Date) to 00:01 hours on 17 October 2016 (the Promotion Period).
12. Any entry submitted after the close of the Promotion Period shall be void.
13. To participate, all entrants are required to Submit their original entry vi
• ONLINE through an original submission at www.nationalgeographic.com.au/win,
Terms specific to competition entry mechanic
14. Entrants must provide all requested contact details, including a valid email or postal address (as requested), to be eligible to win. Entrants may only enter in their own name. Inaudible, incomprehensible, illegible, and incomplete entries will be deemed invalid and (ii) answer the 25 words or less question. One complete and valid online registration will provide the entrant one entry in the Competition.
Draw and Publish Dates
15. The Promotion will be drawn on 17 October 2016 at the premises of NGC Network Australia, Level 3, 4-16 Yurong St, East Sydney at 11:00 AEDT. The Promoters will ensure that all entries have an equal chance of winning a prize.
16. The winner(s) will be published at www.nationalgeographic.com.au/win, for a period of 28 days starting within 7 days after the draw. The winner(s) will also be notified by either email or mail (as determined by the address provided by the entrant) within 28 days after the draw.
17. Prizes, or instructions relating to the redemption of prizes (such as travel) will be sent within 28 days of each draw (provided that the winner has confirmed receipt of notification that they are the winner).
18. Upon being drawn as a prize winner, should the Promoters request confirmation of prize delivery and contact details from the drawn winner, the Promoters reserves the right to withhold prize(s) until confirmation is received.
19. The Promoters may conduct such further draw one week after the original draw (on 24 October 2015 at 11am at the premises of Permitz Group Pty Ltd, Suite 9, 18 Karalta Road Erina NSW 2250) (the Unclaimed Prize Draw Date) in order to distribute any prizes unclaimed by this date, subject to State and Territory legislation. Winners of any further draws will be published and notified as set out in (15) above.
Prizes
The prizes in the Promotion are:
A) Major Prize: 2 x Return economy flights to Sydney from nearest capital city for two people, 2 nights Accommodation in a minimum 3 star hotel, VIP experience at Mars: The Live Experience for two people including 2 x tickets to dinner on Saturday 5th November at the Australian Museum and 2 x tickets to live show at Hordern Pavilion on Sunday 6th November as well as 2 x National Geographic show bags (the Prize(s)). The major prize is valued at a maximum of $4,133.90 (including GST.)
B) Minor prize includes 5 x double passes to Mars: The Live Experience in Sydney on November 6, Melbourne on November 4 and Canberra on November 7. The minor prizes are valued at a maximum of $2,539 (including GST.)
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $6,672.90
20. The Prize(s) for the Promotion will be given to the winner(s) as set out in the Terms. The winner(s) must accept their Prize(s) in that form. Prizes are non-negotiable, non-transferable, non-refundable and not exchangeable for cash credit or kind, either in part or in full except at the sole and absolute discretion of the Promoters. The Prize(s) cannot be sold or bartered. There is no refund for any partially used Prize(s).
21. The Promoters shall not be liable in any way for any failure or breach by any party in connection with the Promotion and/or Prize(s) and accepts no responsibility for any loss suffered by an entrant arising from the Promotion or Prize(s).
22. In all cases the Promoters will not be held liable if any Prize(s) does not reach the winner for reasons beyond the Promoters’ control.
23. The Competition is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on the creative merit of the answer provided to the 25 words or less question.
24. The Prize(s) are subject to:
a. any rules and regulations pertaining to the claiming of prizes in the country where each winner is a resident;
b. the terms and conditions of any third party supplier of the Prize(s); and
c. Unless expressly stated in these Terms and Conditions all other expenses are the responsibility of the winners (and their companions) including but not limited to current passports, visas, meals, spending money, transport to and from departure and arrival points, transfers, drinks, incidentals, mini-bar, laundry, room service, telephone calls, activities, gratuities, services charges, travel insurance, pre and post accommodation, optional activities or excursions and all other ancillary costs. A credit card imprint or cash deposit may be required from the winner at check-in to the hotel, for all incidental charges. Holidays are subject to flight and booking availabilities.
d. By entering this competition, and by collecting a prize, the winner acknowledges and accepts that driving, travel and any other activities comprising the prize, are inherently dangerous and may result in death, injury, incapacity, damage to property or other losses. The Promoters are not responsible for any acts of god, such as adverse weather conditions or industrial action or civil commotion that may occur whilst the winner is travelling. It is the responsibility of the prize-winner to enquire about local issues and conditions at destinations prior to travel. The Promoters do not guarantee that the winner will enjoy the travel prize or be suited to the type of travel prize that is offered.
e. Accommodation is a twin share standard room. Travel arrangements to and from the winner’s home and their nearest capital city airport do not form part of the prize unless expressly stated in these terms & conditions and are the responsibility of the winner and their travelling companion/s. The winner must travel on the same flights and itinerary as their travelling companions. The travel prize cannot be used as part payment for another airfare package. Frequent flyer points cannot be accrued on this prize. Flights and accommodation are subject to availability at the time of booking and cannot be exchanged for other destinations. Bookings are subject to conditions & availability (including but not limited to capacity limitations and other restrictions).
25. The winners are liable for any expenses not specified on the description of the Prize(s). The winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.
26. The Promoters reserve the right to request a winner sign a winner’s deed of release or any other relevant forms or agreements that the Promoters deems necessary, including but not limited to providing proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoters. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
27. The Promoters reserve the right to conduct a redraw in the event that an entrant, claiming to be a winner, is unable to satisfy these Terms or has breached these Terms.
28. Records will be kept of all Prizes and winners under the blanket permit authorising this Promotion.
Promoters’ Decisions
29. The Promoters’ decisions as to any matter relating to the Promotion, including but not limited to any entry eligibility, the winning entry and the winner, will be final and binding, but is subject to State and Territory legislation. No correspondence will be entered into about the Promotion or the Promoters’ decisions.
Publicity
30. Any winner(s) of the Promotion may, at no cost to the Promoters, be requested to participate in public relations events tied to any campaign of which the Promotion forms a part, to generate press coverage of the Promotion and/or that campaign. This may include, but not be limited to, quotes given for inclusion in press releases and press conferences, interviews, photographic shoots, etc.
31. By participating in the Promotion, the entrants:
a. agree to the use of their name and/or likeness, without compensation, by the Promoters and/or any party authorized by the Promoters; and
b. grant the Promoters and any party authorized by the Promoters an irrevocable, worldwide, perpetual, royalty-free right and licence to use any material submitted as a part of their entry into the Promotion (the Works) in any manner, for any purpose the Promoters may see fit, in all forms of media now known or hereafter invented;
c. to the fullest extent permitted by law, waive any moral rights or similar rights they may have in the Works or any part thereof throughout the world; and
d. undertake not to object to any use of the Works by the Promoters or any party authorized by the Promoters.
Personal Data
32. Your entry into the Promotion requires you to provide certain personal information (including, but not limited to, your name, email address and/or telephone number) (Data). If you do not provide your Data, your entry into the Promotion will be invalid and you will not be able to participate in the Promotion.
33. BY ENTERING THE PROMOTION, YOU EXPRESSLY AGREE TO THE PROMOTERSS’ DATA POLICY, WHICH IS AVAILABLE AT THE FOLLOWING WEBSITE:
a. http://www.nationalgeographic.com.au/about/privacy.aspx
34. By entering the Promotion, you also acknowledge and agree that the Promoters will disclose personal information collected to Permitz Group Pty Ltd for the sole purpose of conducting the Promotion draws. A copy of Permitz Group’s Privacy Statement is available at http://www.permitzgroup.com.au/privacy. The Promoters may also disclosure personal information to regulatory authorities including regulators of trade promotion lotteries.
Indemnity / Liability
35. Entrants shall indemnify the Promoters, their agents, employees, representatives, associates, affiliates, parent and subsidiary companies against any and all claims, losses, costs, damages, liability and/or expenses arising out of the entrant’s breach of any of the Terms.
36. Each entrant, by entering the Promotion, expressly releases the Promoters from any claim, action or demand arising out of or in connection with the Promotion or their Prize(s), if any. In particular, each entrant acknowledges that elements of the Prize(s) may be provided by third parties over whom the Promoters have no control, and acknowledges that the Promoters have no responsibility or liability for any costs, losses or damages resulting from any factors beyond the reasonable control of the either or both of the Promoters.
37. Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia ("Non-Excludable Guarantees").
38. Except for any liability that cannot by law be excluded (including the Non-Excludable Guarantees), the Promoters (including their officers, employees and agents) together and indecently exclude 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 or in relation to the Promotion.
39. Except for any liability that cannot by law be excluded (including the Non-Excludable Guarantees, the Promoters (including their officers, employees and agents) are not responsible for and exclude 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 or in relation to the Promotion, including but not limited to:
(a) any technical difficulties or equipment malfunction (whether or not under the Promoters' 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 Promoters) due to any reason beyond the reasonable control of the Promoters;
(d) any variation in prize value to that stated in these Terms;
(e) any tax liability incurred by a winner or Entrant; or
(f) use of a prize.
40. The Promoters shall not assume any responsibility for incorrect or inaccurate capture of entrants' information. This will include but is not limited to technical malfunctions, human or technical error, seeding or printing errors, lost/delayed/garbled data or transmissions, omission, interruption, deletion, defect or failures of: any telephone or computer line or network, computer equipment, software or any combination thereof.
41. If, for any reason, the Promotion is not capable of running as planned, including but not limited to the reasons of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Promoters which corrupts or affects the administration security, fairness, integrity or proper conduct of the Promotion, the Promoters in their sole discretion (subject to State and Territory legislation) reserve the right to disqualify any individual who tampers with the entry process, to cancel, terminate, modify or suspend, or to continue the Promotion.
General
42. Any provision of the Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of that prohibition or unenforceability. That does not affect the validity or enforceability of that provision in any other jurisdiction nor invalidate the remaining provisions of the Terms.