Trade Promotion: Game of Skill
Schedule to Conditions of Entry
Promotion name An Exclusive Afternoon with The 1975
Trade Promotion: Game of Skill
Schedule to Conditions of Entry
Promotion name An Exclusive Afternoon with The 1975
Promoter Authentic Entertainment Pty Limited ABN 99 070 076 523 of 21-31 Goodwood Street, Richmond, Victoria 3121, Australia
States/Territories Entry is open to all residents of Victoria.
Promotion Period Promotion opens 1pm (AESDT) Wednesday 7th January 2015 and closes 12 noon (AESDT) Monday 12th January 2015.
Promotion Websites www.take40.com; www.thehothits.com
Entry Restrictions Entrants must be 10 years of age or over.
Entry Method Entrants should visit the promotion website and complete the entry form. They will them be required to answer the following question in twenty-five (25) words or less: "If you could ask The 1975 a question, what would it be?"
Maximum Entries No limit, however each entry must be original.
Judging Criteria Entries will be judged on creativity and originality.
Judging Date 2pm Monday 12th January 2015.
Prize Details The best 20 entries will each win entry for the winner and one guest to an exclusive afternoon with The 1975 on Wednesday 14th January 2015 at a venue to be determined at the Promoter's discretion.
Total Prize Pool -
Notification of Winners Winners will be notified via phone within one working day of the Judging Date.
Prize Claim Deadline Prizes must be claimed before the prize event on Wednesday 14th January 2015.
Prize Delivery
Additional conditions If a winner is under the age of 16, they must be accompanied by an adult. This adult does not count as the winner's guest.
Trade Promotion: Game of Skill
Conditions of Entry
1. By entering the Promotion, entrants accept the conditions set out below and in the attached schedule (together, the "Conditions of Entry"). In the event of any inconsistency between the conditions set out below and in the attached schedule, the schedule will prevail. Capitalised terms in the conditions set out below have the meanings given to them in the attached schedule.
How to enter
2. Entry to the Promotion is open to all residents of the States/Territories who comply with the Entry Restrictions. Directors, officers, employees of the Promoter, related companies of the Promoter or any agency or company associated with the Promotion, and their immediate families, are not eligible to enter the Promotion.
3. The Promotion will be conducted during the Promotion Period.
4. To enter the Promotion, entrants must follow the Entry Method during the Promotion Period. Entrants may submit up to the Maximum Number of Entries. Multiple entries must be submitted separately and computer-generated entries will not be valid. Unless otherwise indicated, each entrant may only win one prize.
5. If the Promotion involves SMS entry, the maximum cost of each SMS is 55 cents (including GST) and Entries must be submitted from the entrant's mobile phone. SMS entry is only available to entrants with an SMS compatible mobile phone with calling line identification using a service provider which permits messaging to the promotional SMS number. Entrants under the age of 18 must obtain the bill payer's permission before entering.
6. If the Promotion involves phone call entry, the maximum cost of each call is 55 cents (including GST), but higher rates may apply from mobile or public phones. Entrants under the age of 18 must obtain the bill payer's permission before entering.
7. Entries must be received by the Promoter during the Promotion Period. The Promoter accepts no responsibility for lost, delayed, incomplete, illegible, damaged, corrupted or misdirected entries, however caused. The Promoter has no control over postal or communications services or networks and accepts no responsibility for any problem, delay or failure associated with them. Electronic entries are deemed to be received at the time they are delivered to the Promoter's systems, and postal entries are deemed to be received at the time they are delivered to the Promoter; not at the time the entrant sends them.
8. All entries and materials submitted to the Promoter in connection with an entry (the "Entry") must be the entrant's original work and must not contain any content that is defamatory, obscene, offensive, illegal or otherwise inappropriate material.
9. All Entries become the property of the Promoter. The entrant consents to Promoter reproducing, publishing, communicating or otherwise exploiting all or any part of their Entry for any purpose and in any medium. The entrant warrants to the Promoter that they have the right to assign their rights in the Entry to the Promoter and that the Entry and the Promoter's use of the Entry will not infringe any person's intellectual property rights.
10. The Promoter may disqualify any Entry from, and prohibit any further Entries from, any person who: (a) misrepresents their identity or enters under the name of another person; (b) tampers, interferes with or disrupts the entry process or the Promotion or benefits from such conduct; (c) uses their Entry to abuse, threaten or harass any person; or (d) otherwise breaches these Conditions of Entry.
Judging
11. This is a game of skill and chance plays no part in determining the winners.
12. All valid Entries will be read and judged by a judging panel by representatives of the Promoter on the Judging Date. The winners will be the Entries which best meet the Judging Criteria, as determined by the judges. The judges' decision is final and no correspondence will be entered into.
13. The winners will be notified as specified in the Notification of Winners section of the schedule.
Prizes
14. Prizes are as specified in the Prize Details section of the schedule. If a prize is unavailable for any reason, the Promoter may substitute another prize (including cash) of equivalent or greater value, as determined by the Promoter.
15. The total prize pool is as specified in the Total Prize Pool section of the schedule. Prize values are the recommended retail prices as advised to Promoter by the prize supplier at time of preparation of these Conditions of Entry. The Promoter is not responsible for any variation in prize value.
16. Prizes must be claimed by the winner by the Prize Claim Deadline. Any prize not claimed by the Prize Claim Deadline will be forfeited and the Promoter may re-award that prize under clause 22.
17. Where appropriate given the nature of the prize, the Promoter may, at its discretion: (a) require that each person participating in the prize be 18 years of age or over; or (b) require that at least one person participating in the prize is 18 years of age or over. If the winner is under 18 years of age, the Promoter may, at its discretion, award the prize to the winner's parent or guardian.
18. Prizes will be delivered as described in the Prize Delivery section of the schedule. The Promoter will not be responsible for any prize lost, delayed or damaged in transit.
19. The Promoter reserves the right to require winners to provide proof of identity, proof of residency at the nominated prize delivery address, and/or proof of entry validity. Acceptable proof of identification, residency and entry is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit their prize in whole and no substitute will be offered.
20. Prizes are not exchangeable or transferable and prizes cannot be redeemed for cash. If a winner does not take any element of a prize in accordance with these Conditions of Entry then that element of the prize will be forfeited.
21. If a prize is awarded to an entrant and the entrant's Entry is subsequently found not to comply with these Conditions of Entry, Promoter may disqualify that entrant, require the entrant to return, refund or otherwise make restitution of the prize (if applicable) and re-award that prize under clause 22.
22. If a prize is required to be re-awarded under these Conditions of Entry, the Promoter will award the prize to the next best valid entry which meets the Judging Criteria and has not already received a prize. If the prize is no longer capable of being redeemed, the new winner will receive a substitute prize of equivalent or greater value, as determined by the Promoter.
23. The Promoter accepts no responsibility for any tax implications arising from any prize. Winners should seek their own professional advice.
Travel and accommodation
Where a prize includes travel and/or accommodation, the following conditions also apply:
24. Travel and/or accommodation must be taken on the dates specified by the Promoter and is subject to any conditions specified by the Promoter and the prize supplier. Travel and/or accommodation is not available during peak times such as public and school holidays and is subject to hotel and flight availability. If the winner and any travelling companions are, for any reason, unable to travel on the specified dates, then the travel and any accommodation will be forfeited by the winner and cash will not be awarded in lieu of the prize.
25. The winner and any travelling companions must travel at the same time and must depart from the capital city nearest to the winner's residence. If the winner's nearest capital city is the travel destination, the winner will not receive the travel element of the prize and cash will not be awarded in lieu of such travel. Unless transfers are included in the prize, the winner and any travelling companions are responsible for arranging transport to and from their nearest capital city.
26. The winner and any travelling companions are responsible for ensuring that they have valid travel documentation, including passports and visas, for travel to the destination. The Promoter is not responsible for any cancellation, rescheduling or additional costs incurred as a result of invalid or insufficient travel documentation.
27. The winner and any travelling companions are responsible for all travel expenses not expressly specified in the Prize Details, including additional spending money, meals, drinks, transfers, laundry charges, activities, gratuities, services charges, taxes, passports and insurance.
Activities
Where a prize include any physical activity, the following conditions will apply:
28. The winner and their companions must comply with any conditions imposed or instructions given by the Promoter or the activity organiser in participating in any activity.
29. By accepting any prize which involves an activity, entrants accept the risks inherent in participating in that activity.
30. The winner and their companions are responsible for ensuring that they are sufficiently healthy and fit to participate in any activity. The Promoter may, but is not obliged to, prevent any person from taking part in an activity if it considers that they are not sufficiently healthy and fit to participate in the activity.
31. The Promoter may require the winner and each of their companions (or, if they are under 18 years of age, their parent or guardian) to sign an indemnity and exclusion of liability form in favour of the Promoter and any other entity associated with the Promotion, prior to undertaking any activity. Any person who refuses to sign such a form will not be permitted to take part in the activity.
32. The Promoter will not be liable for any personal injury or death which any person may suffer or incur in connection with participating in an activity, except for any liability which cannot be excluded by law (in which case such liability will be limited to the maximum extent permitted by law).
Vehicle prizes
Where a prize includes a car, motorcycle, scooter, boat or other vehicle, the following conditions will apply:
33. If the winner is under 18 years of age, the Promoter may, at its discretion, award the prize to the winner's parent or guardian.
34. Unless otherwise specified, the prize does not include accessories, registration, insurance, stamp duty or on-road costs.
35. The winner must collect the vehicle from the location nominated by the Promoter.
36. The winner must provide the Promoter with all information to the Promoter necessary to register the vehicle in accordance with local law. The winner must be eligible to register the vehicle in his or her name in accordance with local law. If the winner cannot register the vehicle, he or she may nominate another person for the purposes of registering the vehicle.
Event prizes
Where a prize includes attending an event, the following conditions will apply:
37. Entry to the event is subject to any conditions specified by the Promoter or the event organiser.
38. If alcohol will be served at the event: (a) the Promoter may require that at least one person attending the event is 18 years of age or over; (b) the winner and their companions must carry valid photo identification with them during the event; and (c) service of alcohol will be at the discretion of the venue management.
39. If the event is cancelled, abandoned, postponed or varied for any reason, then at the Promoter's discretion, the event element of the prize will be forfeited and no cash or alternative prize will be substituted for that element of the prize. Any other element of the prize (including travel) may still be taken.
40. Any travel element of the prize must be taken to coincide with the event. If the event element of the prize is forfeited under clause 39, the travel element may still be taken at the winner's discretion but, if taken, must be taken on the original dates.
Artist/celebrity meeting opportunities
41. Where a prize includes an opportunity to meet a particular artist or celebrity, this element of the prize is subject to the availability of the artist or celebrity. If the artist or celebrity is unavailable for any reason, then at the Promoter's discretion, the artist or celebrity meeting element of the prize will be forfeited and no cash or alternative prize will be substituted for that element of the prize.
Ticket or voucher prizes
42. Where a prize includes tickets or vouchers, the tickets and vouchers are valid for the date or period indicated on the tickets or vouchers and any conditions specified by the Promoter or the provider of the tickets or vouchers.
Publicity
43. Winners must, on request by the Promoter, participate in any publicity or promotional activity in connection with the Promotion, including being photographed or recorded, without payment. The Promoter may publish, broadcast or communicate the name, image, photographs and recordings of winners in any medium.
Use of personal information
44. The Promoter is bound by the Australian Privacy Principles set out in the Privacy Act 1988. The Promoter may use personal information provided by entrants for the purposes of conducting the Promotion and awarding and administering prizes. Unless an entrant opts out, the Promoter and its related companies may use personal information provided by entrants for promotional and marketing purposes including contacting entrants by electronic messaging. The Promoter may disclose personal information provided by entrants to contractors which assist Promoter in conducting the Promotion and in communicating with entrants. Some of those contractors may be located overseas. The Promoter's Privacy Policy, which can be viewed at www.take40.com/privacy or www.thehothits.com/privacy, contains information about how entrants may seek access to personal information the Promoter holds about them and seek the correction of such information or complain about a breach of the Australian Privacy Principles by the Promoter, and how the Promoter handles such complaints.
45. If the entrant provides any other person's personal information to the Promoter, the entrant must ensure that the other person has consented to their personal information being provided to the Promoter and to be contacted by the Promoter in relation to the Promotion.
Facebook
46. If the Promotion is promoted or conducted on Facebook, entrants: (a) agree to comply with the Facebook Statement of Rights and Responsibilities located at www.facebook.com/terms; (b) acknowledge that the Promotion is in no way sponsored, endorsed or administered by Facebook; and (c) release Facebook and its associated companies from all liability arising from the Promotion.
General
47. The Promoter may, in its discretion, prohibit any entrant from entering the Promotion, disqualify any Entry or winner or refuse or cease to provide any element of a prize, if the entrant or winner or any of their companions are (in the reasonable opinion of the Promoter) under the influence of alcohol or drugs, behaving aggressively, offensively or illegally or doing anything which could damage the reputation of the Promoter or any other entity associated with the Promotion.
48. The Promoter makes no warranties or representations about, and will not be responsible for, the quality or fitness for purpose of any prize. The Promoter's liability for breach of any implied warranty or condition which cannot legally be excluded is limited to replacing or re-supplying the relevant goods or services or paying the cost of replacing or re-supplying them.
49. If the Promotion is not capable of running as planned for any reason, including due to computer virus, network or computer failure, tampering, interference, fraud, force majeure, industrial action or any other cause beyond the control of the Promoter, the Promoter may in its discretion cancel, terminate, modify or suspend the Promotion.
50. To the maximum extent permitted by law, the Promoter excludes all implied conditions, warranties or guarantees in relation to the Promotion. In respect of any implied conditions, warranties or guarantees which cannot be so excluded, to the extent permitted by law, the Promoter's liability is limited, at its option, to: (a) in the case of goods, the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; or (b) in the case of services, the replacement, repair or resupply of the services or a refund of the cost of the services.
51. Except for any liability which cannot be excluded by law, the Promoter will not be liable for and excludes all liability for, any loss (including direct, indirect and consequential loss), expense, damage, personal injury or death which any person may suffer or incur arising in any way (including as a result of negligent acts or omissions) from the Promotion or accepting or participating in a prize.
52. To the extent permitted by law, the Promoter may amend any aspect of the Promotion or these Conditions of Entry at any time.
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