Foxtel Store ‘Ghostbusters’ competition TERMS & CONDITIONS
DEFINITIONS
1. The following definitions apply to these Terms and Conditions:
Foxtel Store ‘Ghostbusters’ competition TERMS & CONDITIONS
DEFINITIONS
1. The following definitions apply to these Terms and Conditions:
a) “ClosingDate”means23:59hrsonWednesday26October, 2016.
b) “CommencementDate”means09:00hrsonWednesday12 October, 2016.
c) “Draw Date” means 15:00hrs on Friday 28 October, 2016.
d) “Entrant”meansapersonwhoentersthePromotion.
e) “FacebookPage”meanstheofficialFoxtelStoreFacebook
page, located at http://www.facebook.com/foxtelstore and/or
www.facebook.com/foxtel
f) “Prize” means the prize offered in the Promotion.
g) “Promoter”meansFoxtelManagementPtyLtdABN65068671
938, of 5 Thomas Holt Drive, North Ryde, NSW 2113.
h) “Promotion”meansthiscompetition.
i) “Promotion Period” means the period between the
Commencement Date and the Closing Date.
j) “Publication Date” means Wednesday 2 November, 2016.
k) “Relevant Parties” means the Promoter and the agencies and
companies that are associated with the Promoter or the
Promotion.
l) “Supplier” means the supplier of the Prizes.
m) “Winner”meanstheEntrantwhowinsthePrize,includinginthe
Unclaimed Prize Draw.
n) “UnclaimedPrizeDraw”hasthemeaningsetoutinclause25.
o) “UnclaimedPrizeDrawDate”meansMonday30January,2017.
p) “UnclaimedPublicationDate”meansFriday3February,2017.
2. All times and dates are times and dates in Sydney, which may be AEST or AEDT depending on the date. All times are stated using the 24hour clock. 00:00hrs is the start of a day and 24:00hrs is the end of a day.
PARTICIPATION
3. The Promotion is conducted by the Promoter.
4. The Promotion is a game of chance, and skill plays no part in determining the Winner.
5. Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, Entrants accept and acknowledge full responsibility for their decision to participate in the
Promotion and to take the Prize if they are the Winner.
6. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.
7. This Promotion will be advertised on the Website, the Facebook Page, in Foxtel broadcasts, and in electronic direct marketing sent to consenting consumers during the Promotion Period.
8. An Entrant is eligible to win the Prize if they:
a) areapermanentresidentofAustralia;and
b) areeither:
i. a Foxtel or Foxtel Play subscriber, or live in a household with a Foxtel or Foxtel Play subscription and have the subscriber’s permission to enter the Promotion, and the subscription account is not in arrears from the Commencement Date until the Unclaimed Prize Draw Date; or
ii. are employed by a Foxtel Business subscriber and have the subscriber’s permission to enter the Promotion, and the subscription account is not in arrears from the Commencement Date until the Unclaimed Prize Draw Date; and
c) are over the age of 15; If under the age of 18, the Entrant must have a parent or guardian’s permission to enter this Promotion on these terms and conditions, and must have obtained the subscriber’s consent to rent the movie and;
d) arenotemployeesof:
i. the Promoter;
ii. the Supplier;
iii. any corporations or agencies related to the entities in
paragraphs (i) and (ii) above; or
iv. any of the Relevant Parties; or
e) arenotaspouse,defactospouse,parent,childorsibling (whether natural or by marriage or adoption) of a person who is an employee of any of the entities listed in paragraph (d) above.
9. Entry to the Promotion commences on the Commencement Date and closes on the Closing Date.
ENTRY
10.To enter the Promotion, an Entrant must rent the movie ‘Ghostbusters’ (2016 version) on Foxtel Store during the Promotion Period. The applicable rental costs are $5.95 for SD or $6.95 for HD.
11. An
Entrant’s entry must not be:
a) late;
b) delayed;
c) incomplete;
d) incomprehensible;
e) unlawful;
f) obscene;
g) defamatory;
h) libellous;
i) threatening;
j) pornographic;
k) harassing;
l) hateful;
m) racially or ethnically offensive;
n) capableofencouragingconductthatwouldbeconsidereda
criminal offence;
o) capableofviolatinganylaw;and/or
p) capableofgivingrisetocivilliability.
12.Entry to the Promotion is limited to one (1) entry per household over the entire Promotion Period.
13.Entrants must ensure that their entries are received by the Promoter during the Promotion Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the Entrant. The Promoter takes no responsibility for late, lost or misdirected entries or for any delays or failures in any telecommunications services or equipment.
14.Should an Entrant’s contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Draw Date, that Entrant must notify the Promoter of their correct contact details immediately.
15.All entries to the Promotion may be subject to verification by the Promoter. An Entrant must, within seven (7) days of being asked, at the Promoter’s cost, allow the Promoter to inspect and copy any documents the Promoter may request establishing eligibility to enter the Promotion, including but not limited to evidence of age, residence and/or identity.
16.The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that the Winner cannot provide suitable proof of eligibility, that Winner will forfeit their Prize in whole and no substitute or compensation will be offered.
17.Any entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
18.The Promoter may, at its absolute discretion, declare any or all entries made by an Entrant to be invalid if the Entrant:
a) failstoestablishtheirentitlementtowinthePromotiontothe Promoter’s satisfaction; or
b) failstoproduceitemsasrequiredbyclause15orproduces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
c) appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or
d) hassubmittedanentrythatisnotinaccordancewiththese Terms and Conditions.
19.There will be one (1) Winner drawn from all entries received during the Promotion Period. The Winner will receive the Prize.
20.The Winner will be drawn electronically on the Draw Date by Salmat Digital Pty Limited, Level 2, 116 Miller Street, North Sydney, NSW 2060.
21.The Promoter’s decisions are final and no correspondence will be entered into.
22.The Winner will be notified by phone and in writing within two (2) days of the Draw Date. The Winner’s name will be published in The Australian newspaper on the Publication Date.
23.All reasonable attempts will be made to contact the Winner. Subject, where relevant, to any directions given under the legislation regulating the Promotion, if the Prize is:
a) notclaimedbytheWinnerby9:00hrsontheUnclaimed Prize Draw Date; or
b) forfeitedforanyreason,
the Prize will be awarded to another Entrant in an unclaimed prize draw (the “Unclaimed Prize Draw”), which will take place at 11:00hrs on the Unclaimed Prize Draw Date and will be conducted by Salmat Digital Pty Limited, Level 2, 116 Miller Street, North Sydney, NSW 2060. The Winner of the Unclaimed Prize Draw will be notified by phone and in writing within two (2) days of the Unclaimed Prize Draw Date. The name of the Unclaimed Prize Winner will be published in The Australian newspaper on the Unclaimed Publication Date.
PRIZES
24.The Prize consists of:
a) return adult economy airfares for the Winner and three (3) guests from
the Winner’s nearest Australian capital city, being either: Adelaide,
Brisbane, Melbourne, Perth or Sydney, to Los Angeles International Airport, Los Angeles, USA (the “Airport”), valued at a maximum of $4,868.00; and
b) five (5) nights’ accommodation for the Winner and three (3) guests at Biltmore Hotel, Los Angeles in a standard room on a twinshare basis
(the “Hotel”), valued at a maximum of $3,797.00; and
c) return transfers for the Winner and three (3) guests between
the Airport and the Hotel, valued at a maximum of $344.00;
and
d) four (4) VIP tickets for a private Sony Backlot tour (minimum
age permitted is 12 years) including fine dining lunch in the executive lounge, valued at a maximum of $2,000.00.
Prize is available for travel between Wednesday 1 February, 2017 to Tuesday 30 May, 2017 and Tuesday 1 August, 2017 to Thursday 30 November, 2017.
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $11,009.00
25.All Prize values are correct as at Friday 16 September, 2016 and are reflective of the recommended retail price and are in Australian dollars. The Promoter takes no responsibility for any variations in the Prize values.
26.If the Prize (or any part of the Prize) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification, subject to the approval of the authorities that have issued permits for the conduct of the Promotion. The Promoter accepts no other liability or responsibility for any loss incurred by the Winner or any other party if the Prize (or any part of the Prize) is unavailable for any reason.
27.The Prize cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions cannot be taken as a monetary payment.
28.The Prize may be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow the Winner to transfer the Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.
29.The Winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to accepting the Prize.
30.Once the Prize has left the Promoter’s/Supplier’s premises, the Promoter and the Relevant Parties will not be responsible for any delay in delivery or loss or damage to the Prize.
31.If the Draw Date or Unclaimed Prize Draw Date is a public holiday, the draw will be conducted on the following business day.
32.The Prize cannot be used in conjunction with any other discounts or special offers.
33.The Prize will be awarded to the person named in the winning entry.
34.The Prize will be awarded to the Winner in the Promoter’s sole discretion.
35.Unless expressly stated, all costs and expenses associated with taking the Prize become the responsibility of the Winner and their guest, including:
a) additional taxes (excluding departure and any other flight associated taxes);
b) costs associated with inoculations, passports and/or visa applications;
c) additional transfers;
d) travelinsurance;
e) spendingmoney;
f) meals;
g) transportto/fromanairportdepartureorreturnpoint;
h) anyextrasightseeingoractivities;and
i) all other incidental and ancillary costs incurred by the Winner
and/or their guest as a direct or indirect result of taking the Prize.
36.Prize is available for travel between 1 February – 30 May 2017 and 1 August to 30 November 2017. 37.To make airfare, accommodation and transfer arrangements, the Winner must contact: Rachael Green of Flight Centre Travel Group via email: rachael.green@flightcentre.com. Winner to provide minimum of 30 days’ notice of intent to travel (from intended departure date). Passenger names, current passport copies and intended travel dates will be required.
38.The Prize, including travel and accommodation, is subject to availability at the time of booking. The Winner and their guest are responsible for any amendment fees issued by airlines or suppliers once booking is confirmed and ticketed.
39.All aspects of the Prize must be taken together as a package and as described in these terms and conditions, no variations are permitted. In the event that for any reason whatsoever the Winner does not take the Prize or an element of the Prize at the time and as stipulated by the Promoter, the Prize or that element of the Prize will be forfeited by the Winner.
40.The Winner and their guests must ensure that they have valid documentation for travel, including but not limited to valid passports and visas, which meet the requirements of immigration and other government authorities at every destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the Winner and their guests. If the Winner or their guests are refused entry to the destination country for any reason or prior to their departure from Australia are not granted a visa, where applicable, they will forfeit the Prize and no compensation or substitute will be offered.
41.Any cash component of the Prize will be issued to the Winner as a cheque in the Winner’s name and crossed “not negotiable.”
42.Airline tickets are available on the regular scheduled services of each airline and are subject to seasonal embargoes. Flight itinerary may have to be adjusted depending on the airlines’ departure city and their current flight schedule.
43.Frequent Flyer points are not available for any of the flights included in the Prize.
44.Airline tickets included in the Prize cannot be used as partpayment of another airfare.
45.If the Winner and/or their guests determine that travel insurance is required, they will be responsible for arranging and paying for such travel insurance.
46.The Winner and their guests must travel at the same time, including flights and accommodation. The Winner and their guests must depart from and return to the same capital city airport in Australia, being one of the airports as described in clause 24 which is nearest to the Winner’s place of residence.. The Winner and their guests are responsible for transport to and from their residence to the Winner’s nearest capital city airport.
47.The accommodation is provided on a twinshare basis.
48.A credit card imprint or cash deposit may be required from the Winner and/or their guest at checkin to the Hotel, for all incidental charges.
49.Tour rules apply. Smoking, cell phone usage, video and audio recordings are not permitted. Wheelchair access is provided but Wheelchair rental is not available.
50.The Promoter makes no representation as to the safety conditions or any other conditions that may exist at any destination.
51.By entering the Promotion, the Winner and their guest agree that:
a) ifrequestedbythePromoter,theWinnerandtheirguestwill:
i. provide comments about the Promotion and/or a
photograph or audiovisual clip of themselves; and
ii. participate in a promotional shoot in connection with the
Promotion;
b) thePromotermayusetheirname,image,comments,photographsor
clips (“Materials”) for publicity and promotional purposes in any form of media, without reference or compensation to the Winner and their guest or any other person;
c) the Promoter may use, reproduce, edit and communicate to the public the Materials at any time in any form of media;
d) thePromotermaylicense,authoriseorotherwise transfer the rights in the Materials to others to do the same; and
e) theWinnerandtheirguestunconditionallyand irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials and waive all moral rights in the Materials that arise outside Australia.
GENERAL
52.The Promoter reserves the right to take any action necessary in its sole discretion at any time, subject to any direction given under State permit regulations.
53.To the full extent permitted by the law, the Relevant Parties will not be liable for any loss, damage, claim, cost, expense or personal injury suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any Entrant in connection with the Promotion or the Prize, including:
a) anyindirect,economicorconsequentiallossorlossofprofits; b) anylossarisingfromthenegligenceofaRelevantParty;and c) any liability for personal injury or death.
54.If, for any reason, the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of the Promoter that corrupt or affect the administration, security, fairness or integrity, or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or take any other action, including to cancel, terminate, modify, or suspend the Promotion subject to any direction given under the relevant State/Territory permit regulations.
55.The Winner acknowledges that the Prize may be subject to additional terms and conditions imposed by third parties. The Winner must become acquainted with any such additional terms and conditions prior to taking the Prize. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, or for the breach of those conditions by any person.
56.Except for any liability which cannot be excluded by law, the Promoter is not responsible for:
a) anyproblemsortechnicalmalfunctionwithanytelephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Promotion;
b) anyincorrectorinaccurateinformation,causedeitherby users, by any of the equipment or programming associated with or used in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; or c) any error; omission; interruption; deletion; defect; delay in operation or transmission; communications line failure; theft; or destruction or unauthorised access to, or alteration of, entries or Entrants’ details.
57.Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.
58.These Terms and Conditions are governed by the laws of New South Wales and each of the relevant State authorities.
59.These rules are Terms and Conditions and constitute the entire terms and conditions between the Entrant and the Promoter with respect to the Promotion. The Promoter may alter, modify, or amend these Terms and Conditions, subject to the approval of the authorities that have issued permits for the conduct of the Promotion. The Promoter will provide Entrants with notice of substantial amendments.
60.All entries become the property of the Promoter. 61.Authorised under the following permit numbers:
NSW: LTPS/16/07671 ACT: TP 16/01918 S T16/1740
PRIVACY
The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected, used and disclosed as set out in the Foxtel Competition Privacy Notice for this Promotion (at https://www.foxtel.com.au/got/support/accountsbilling/legal/compprivacy notice.html) and the Foxtel Privacy Policy (at http://www.foxtel.com.au/about foxtel/privacy/default.htm).
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