NATIONAL GEOGRAPHIC CHANNEL
PASPALEY PEARL COMPETITION
TERMS & CONDITIONS
NATIONAL GEOGRAPHIC CHANNEL
PASPALEY PEARL COMPETITION
TERMS & CONDITIONS
DEFINITIONS
1. The following definitions apply to these Terms and Conditions:
a) “Paspaley” means Paspaley Pearls Pty. Limited (ACN 009 619 818) of Level 3, 69 Smith St, Darwin NT, 08001, Australia
b) “Closing Date” means 00:01hrs on Monday 21 March 2016
c) “Commencement Date” means 09.00hrs on Monday 29 February 2016
d) “Draw Date” means 11:30hrs on Wednesday 23 March, 2016.
e) “Entrant” means a person who enters the Promotion
f) “Foxtel” means Foxtel Management Pty Limited (ACN 068 671 938) of 5 Thomas Holt Drive, North Ryde, NSW 2113, Australia
g) “Prize” means the prize offered in the Promotion as detailed in Clause 28
h) “Promoter” means NGC Network (Australia) Pty Ltd of Level 3, 4-16 Yurong St, East Sydney, NSW 2010 and ABN 67 077 753 603
i) “Promotion” means this competition
j) “Promotion Period” means the period between the Commencement Date and the Closing Date
k) “Publication Date” means Wednesday 30 March, 2016
l) “Unclaimed Prize Draw Date” means Thursday 23 June, 2016
m) “Unclaimed Prize Draw” has the meaning set out in Clause 27
n) “Unclaimed Publication Date” means Thursday 30 June, 2016
o) “Website” means the official Promotion website at www.natgeotv.com.au/win
p) “Winner” means the Entrant who wins the Prize, including in the Unclaimed Prize Draw
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 24-hour 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 in Foxtel broadcasts, on social media and on the Website.
8. An Entrant is eligible to enter the Promotion and win the Prize only if they:
a) are a permanent resident of Australia and
b) are, (i) a Foxtel, Optus TV, featuring Foxtel, Foxtel from Telstra subscriber, or (ii) live in a household with a Foxtel, Optus TV featuring Foxtel, Foxtel from Telstra subscription and have the subscriber’s permission to enter the Promotion, provided in each case that the relevant subscription account is not in arrears and is active from the Commencement Date until the Unclaimed Prize Draw Date; and
c) are over the age of 18;
d) are not an employee of:
i. the Promoter, Optus, or Telstra
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ii. Paspaley
iii. any corporations or agencies related to the entities in subclauses (i) and (ii) above; or
e) are not a spouse, de facto spouse, parent, child or sibling (whether natural or by marriage or adoption) of a person who is an employee of any of the entities listed in subclause (d) above.
9. 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.
10. Entry to the Promotion commences on the Commencement Date and closes on the Closing Date.
ENTRY
11. The Promotion is open from the Commencement Date to the Closing Date.
12. To participate, all Entrants are required to complete an entry form through an original submission at the Website.
13. Entrants must provide all requested contact details, including a valid email or postal address to be eligible to win. Entrants may only enter in their own name. Inaudible, incomprehensible, illegible, and incomplete entries will be deemed invalid.
14. Entrants may enter the Promotion as many times as they like. Each entry must be submitted separately and in accordance with the entry requirements. The use of automated systems to submit multiple entries in the Promotion is strictly prohibited and the Promoter reserves the right to disqualify all entries received from an Entrant where the Promoter believes such systems may have been used.
15. 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) capable of encouraging conduct that would be considered a criminal offence;
o) capable of violating any law; and/or
p) capable of giving rise to civil liability.
16. The Prize, or instructions relating to the redemption of the Prize, will be sent within 28 days of the Draw Date (provided that the Winner has confirmed receipt of notification that they are the Winner).
17. 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 due to technical disruptions, network congestion or for any other reason.
18. Entry via the Website is free. However, any costs associated with accessing the Website are the responsibility of the Entrant and are dependent on the internet service provider used.
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19. 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.
20. 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.
21. 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, they will forfeit the Prize in whole and no substitute or compensation will be offered.
22. Any entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
23. The Promoter may, at its absolute discretion, declare any or all entries made by an Entrant to be invalid if the Entrant:
a) fails to establish their entitlement to win the Prize to the Promoter’s satisfaction; or
b) fails to produce items as required by Clause 20 or produces 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) has submitted an entry that is not in accordance with these Terms and Conditions.
WINNERS
24. There will be one (1) Winner drawn from all valid entries received in the Promotion who correctly quoted the valid code word. The Winner will be drawn electronically on the Draw Date by Salmat Digital Ltd Pty, Level 2, 116 Miller Street, North Sydney, NSW 2060.
25. The Promoter’s decisions are final and no correspondence will be entered into.
26. The Winner will be notified in writing within two (2) days of the Draw Date. The Winner will have their name published in The Australian newspaper on the Publication Date.
27. 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) not claimed by the Winner by 9:00hrs on the Unclaimed Prize Draw Date; or
b) forfeited for any reason,
the Prize will be awarded to another Entrant in an unclaimed prize draw (the “Unclaimed Prize Draw”), which will take place at 10:00hrs on the Unclaimed Prize Draw Date and will be conducted by Salmat Digital Pty Ltd at Level 2, 116 Miller Street, North Sydney NSW 2060. The Winner of the Unclaimed Prize Draw will be notified 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
28. The Prize is valued at a maximum of AU$4,560 (including GST) and consists of one (1) Paspaley Australian South Sea pearl Lavalier in 750 yellow gold including a 14mm button pearl.
29. THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF AU$4,560 (including GST).
30. The Prize value is correct as at Thursday 18 February 2016, is reflective of the recommended retail price and is in Australian dollars. The Promoter takes no responsibility for any variations in the Prize value.
31. If 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 any Winner or any other party if the Prize is unavailable for any reason.
32. The Prize cannot be refunded, exchanged, taken as a monetary payment and/or transferred or redeemed for cash.
33. Once the Prize has left the Promoter’s premises, the Promoter will not be responsible for any delay in delivery or loss or damage to the Prize.
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34. The Prize will be awarded to the Entrant named in the applicable winning entry. However, in the event of any dispute, the Prize will be awarded to the named holder of the relevant subscription account.
35. The Prize cannot be used in conjunction with any other discounts or special offers.
36. In all cases the Promoter will not be held liable if the Prize does not reach the winner for reasons beyond the Promoter’s control.
37. The Prize is subject to:
a) any rules and regulations pertaining to the claiming of prizes in the State where the Winner is a resident; and
b) In the event the Winner does not take the Prize by the time stipulated, then the entire Prize will be forfeited by the Winner and cash will not be awarded in lieu of the Prize.
GENERAL
38. 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.
39. 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 Entrant 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.
40. The Winner acknowledges that the Prize may be subject to additional terms and conditions imposed by third parties, including Paspaley. 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.
41. Except for any liability which cannot be excluded by law, the Promoter is not responsible for:
a) any problems or technical malfunction with any telephone 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 Entrants or any other person’s property related to or resulting from participation in the Promotion;
b) any incorrect or inaccurate information, caused either by 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.
42. 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.
43. These Terms and Conditions are governed by the laws of New South Wales and each of the relevant State authorities.
44. These Terms and Conditions constitute the entire terms and conditions between each Entrant and the Promoter with respect to the Promotion and cannot be altered, modified, or amended.
45. All entries become the property of the Promoter. All opt-in entries will be entered into a database and the Promoter, Foxtel and Paspaley may each use the Entrant’s names, addresses and telephone numbers for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the Entrant. By opting-in, Entrants confirm that they allow their details to be used for this purpose. If Entrants no longer consent to their details being used for future marketing purposes, the Entrant should contact the Promoter, Foxtel and Paspaley on their details set out in Clause 1. Any request to update, modify or delete the Entrant’s details should be directed to the Promoter, Foxtel and Paspaley.
46. Authorised under the following permit numbers:
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NSW: LTPS/16/01428; ACT: TP 16/00380
PRIVACY
47. 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 National Geographic Channel Privacy Policy (at http://natgeotv.com.au/about/privacy.aspx). Entrants’ personal information will be collected by or on behalf of the Promoter to enable it to administer the Promotion, publicise the Winners, and to send Entrants marketing information (where Entrants have consented) as set out in Clause 45. Entrants’ personal information may be disclosed to marketing and communications agencies, Prize deliverers in order to conduct this Promotion, and to Paspaley and Foxtel where Entrants have consented. Personal information about Entrants may also be disclosed to the authorities responsible for the regulation of gaming and lotteries. Winners’ names will be published and retained as required by relevant legislation and as specified in these Terms and Conditions.
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