terms & conditions: fuji instax: “now or never” taylor swift reputation tour
STANDARD COMPETITION TERMS AND CONDITIONS
A. Specific Conditions
terms & conditions: fuji instax: “now or never” taylor swift reputation tour
STANDARD COMPETITION TERMS AND CONDITIONS
A. Specific Conditions
Item 1
Competition Name
Fuji Instax: “Now or Never” Taylor Swift reputation Tour ( Competition)
Item 2
Competition Type
Game of skill
Item 3
Permit
Game of skill
Item 4
Promoter
The promoter (Promoter) is VIMN Australia Pty Ltd ACN 107 601 418 of Ground Floor, 4-16 Yurong Street, East Sydney NSW 2010
Item 5
Sponsorship
This promotion is not administered, endorsed, or sponsored by Taylor Swift (individually); 13 Management, LLC; Firefly Entertainment, Inc.; Swift Merchandising, Inc.; TAS Rights Management, LLC; Taylor Nation, LLC; or Taylor Swift Productions, Inc. (collectively the “Taylor Swift Entities”).
Item 5
Website
https://facebook.com/MTVAustralia (Social Page)
https://mtv.com.au/instax (Website)
Item 6
Entry Restrictions
(i) Age: Entrants aged 16 years and under at the time of entry, must ask their parent and/or guardian for permission before entering the Competition or providing any Personal Information as defined in Clause 14 of the General Terms.
(ii) Resident Status: Entrants must be residents of Australia
Item 7
Method of Entry
The Competition can be entered on the MTV Australia Facebook page.
Entrants must:
1. Find the Competition-related post on the MTV Australia website: www.mtv.com.au/instax
2. Entering the competition by answering the question and providing the below information during the Competition Period set out at Item 9A below with the following:
A. ‘Tell us your favourite Taylor Swift song and why in 25 words or less to win a double pass to the Taylor Swift reputation Tour’
B. YOUR: full name, DOB, address, email & phone number
Item 8
Competition Entry Opens
9.01am (AEDT) on Friday 5th October 2018.
Item 9
Competition Entry Closes
5pm (AEDT) on Thursday 11th October, 2018 for Perth only
5pm (AEDT) on Wednesday 17th October 2018, for Melbourne, Brisbane and Sydney.
Item 9A
Competition Period
FROM 9.01am (AEDT) on Friday 5th October, 2018 UNTIL 5pm (AEDT) Thursday 11th October 2018 for Perth only.
FROM 3pm (AEDT) on Friday 5th October, 2018 UNTIL 5pm (AEDT) Wednesday 17th October 2018 for Melbourne, Brisbane and Sydney.
Item 10
Competition Judged
The Competition will be judged from 9.00 am Friday 12th October, 2018 for Perth only and from 9.00 am Thursday 18th October, 2018 for Melbourne, Brisbane and Sydney.
Item 11
Drawing Details
N/A game of skill
Item 12
Notification Date
Winners for Perth will be notified from 10am Friday 12th October, 2018
Winners for Melbourne will be notified from 10am Thursday 18th October
Winners for Brisbane will be notified from 10am Thursday 18th October
Winners for Sydney will be notified from 10am Thursday 18th October
Item 13
Notification Method
Winners will be notified by telephone or email to liaise with Promoter for Prize fulfilment.
It is the responsibility of each winner to ensure that the details they provide the Promoter are correct, including without limitation telephone contact number, email and postal address details, and no responsibility will be taken by the Promoter for any incorrect or out of date information. Entrants must supply a valid telephone number with their entry.
Item 14
Draw Publication Details
N/A game of skill.
Item 15
Prize
There will be 3 MAJOR prize winners in each of the 4 cities - Sydney, Melbourne, Brisbane and Perth – made up of one x (2) Taylor Swift Concert Tickets
· 12 x Taylor Swift Concert Packs: A double pass (two tickets) to one of Taylor Swift's concerts, a limited edition Taylor Swift FUJIFILM instax SQ6 instax camera, and two packs of limited edition Taylor Swift FUJIFILM instax SQUARE film
(Unless otherwise specified; spending money, meals, taxes, insurance, passports, visas, vaccinations, transport to and from any departure points, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included).
Total Prize pack valued at up to $700
Item 16
Unclaimed Prize Draw
N/A (for game of skill)
Item 17
Special Conditions
1. Entrants may enter this Competition an unlimited number of times, however each entry must be a new and unique answer to the question set out in Item 7.
2. Winner to be judged based on creativity of answer to the question set out at Item 7 above, decision of Promoter will be final and no correspondence will be entered into.
3. Promoter reserves the right to disqualify entries that includes comments that are inappropriate or cause offence, as determined in Promoter’s sole and reasonable discretion.
4. For the avoidance of doubt, no travel or accommodation is included in the Prize, and winners and their guests will be required to make their own way to the Show. Changes and cancellations to a booking may be subject to fees. All inclusions are subject to availability at time of booking.
5. This Competition is open to Australian residents only in Sydney, Melbourne and Perth.
6. Prize value is “up to” only and not a hard figure, Prize value subject to change and may be less than amount stated in Item 15 above.
7. This Competition is open to persons all ages. Show venue operators may request ID before granting entry into a venue and if a winner and/or their guest do not have a valid ID the Prize will be forfeited and no alternative prizing will be offered.
8. If a Prize winner and their guest are unable to attend the concert at the Show they selected in their entry form, the Prize will be forfeited and no alternative prizing will be offered.
9. This Competition and the distribution of the Prize is run in conjunction with Fuji Instax Australia and The winners’ details will be provided to Fyji Instax Australia in accordance with Clause 14 of the General Terms.
B. General Terms
1. Introduction
(a) These are the General Competition Terms that govern the relationship between you and the Promoter when you enter this Competition and should be read in conjunction with the Specific Conditions in the above table to form the complete terms and conditions for this Competition ( Terms and Conditions).
(b) By submitting an entry into this Competition, entrants warrant that they have read, understand and agree to be bound by these Terms and Conditions
(c) To the extent that there is any inconsistency between the Specific Conditions and the General Terms, the Specific Conditions will prevail.
2. Duration
(a) This Competition will commence at the time set out in Item 8 of the Specific Conditions and will conclude at the time set out in Item 9 of the Specific Conditions. Entries received outside of these times will not be eligible.
(b) The Promoter will not accept any responsibility for lost or late entries.
3. Entry Requirements
(a) Entrants restricted from entry in Item 6 of the Specific Conditions will not be eligible to enter the Competition and will be disqualified.
(b) The employees of the Promoter, any of its affiliate, parent or subsidiary companies, or any agencies associated with this competition are not eligible to enter the Competition.
(c) Entrants cannot be a spouse, defacto spouse, parent, child or sibling (whether full, half, step or by adoption) of any person included in 3(b).
(d) Unless specifically set out as a Special Condition in Item 17 of the Specific Conditions, no person may enter this Competition more than once and persons may not enter or participate in it on behalf of any third party.
(e) Should the Competition require the entrant to submit a photograph, audiovisual material or other material document, as a part of entry into or participation in this Competition (”Entry Materials”):
(i) any Entry Materials provided to the Promoter by an entrant as part on an entry to this Competition will not be returned to entrants. Entrants are advised to not send original material.
(ii) all entrants acknowledge that the Entry Material may, at the discretion of the Promoter, be posted on the website;
(iii) all entrants hereby authorise the Promoter to use, edit and reproduce the Entry Materials;
(iv) all entrants agree that the Promoter and the Taylor Swift Entities have the right to publish and communicate to the public the Entry Materials in any media including, but not limited to, online, at all times without restriction or limitation throughout the world (including all promotional purposes);
(v) all entrants agree that the Promoter has the right to use the entrants name, likeness or other information concerning and provided by the entrant in its use of the Entry Materials;
(vi) all entrants agree to fully release the Promoter and the Taylor Swift Entities now and forever from and against all actions, suits, claims and demands which they may have against the Promoter arising directly or indirectly in respect of any infringement or violation of any personal and/or property rights of any sort (including without limitation defamation) from the use of the Entry Materials;
(vii) all entrants unconditionally waive all of their rights at any time to seek or obtain injunctive relief to prevent or restrict the Promoter’s or the Taylor Swift Entitiie’s use of the Entry Materials; and
(viii) all entrants warrant that they have obtained permission from any other persons featured in the Entry Materials for the Promoter to use the Entry Materials in any of the manners set out above.
(f) Costs to enter the Competition will depend on the method of entry and you should seek the permission of the person paying the bill before entering. The cost to enter via the Internet may vary so entrants should check with their network operator for current charges.
(g) If this Competition involves:
(i) entry via a phone call, each call is charged at no more than 55 cents (including GST) from a fixed phone. Calls may attract a higher rate from mobile or public phones; or
(ii) entry via SMS, each SMS is charged at 55 cents (including GST). To enter, entrants will need an SMS compatible mobile phone connected to a service provider that permits text messaging to the abovementioned premium SMS number. It is recommended that entrants check with their individual service provider in this regard.
(h) Entries via SMS or email are deemed to have been made at the time of receipt into the Promoter’s database not at the time of transmission by the entrant.
(i) Should the Competition involve voting, the accuracy of the polling results received and published by the Promoter is final and binding and no correspondence will be entered into.
4. How to Enter
(a) The Competition can be entered by the method set out in Item 7 of the Specific Conditions.
(b) To enter, entrants must follow any requirements including submitting entries or answering any questions set out in Item 7 of the Specific Conditions.
(c) Except where the method of entry in Item 7 is entry via SMS, all entries must include full contact details, including name, phone number and email address. Where entry is via SMS, the details to be included in each entry will be set out in Item 7.
(d) Any person who fails to provide the full information in the manner requested as part of the entry process will not be eligible for any Competition prize. Specifically, inaudible, incomplete, incomprehensible or late entries (whichever is applicable) will not be eligible and will be disqualified.
(e) Where the entry mechanism in Item 7 includes logging into a website where the entrant already has a login name and password and is not creating a new profile, the entrant will be solely responsible for ensuring that all of their contact details including but not limited to postal address are correct, and have been updated if these details have recently changed. No responsibility will be taken by the Promoter for any incorrect or out of date information.
(f) The Promoter reserves the right to disqualify any entry which in the reasonable opinion of the Promoter includes any content which may be unlawful, profane, inflammatory, defamatory to any person and/or damaging to the goodwill or reputation of the Promoter.
(g) Unless otherwise agreed, any personal or confidential information submitted to the Promoter by any person in the course of entering or being otherwise involved in this Competition such as name, address, telephone number will be treated in accordance with Clause 14(c).
(h) Any person who fails to provide the full information in the manner requested as part of the entry process will not be eligible for any Competition prize.
(i) The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process, or who submits an entry/claim which is not in accordance with these Terms and Conditions.
5. Competition Judging and Drawing
(a) The decision of the judges is final and the Promoter will not enter into correspondence or communication regarding the judges’ decisions or the drawing of the Competition even where the Promoter may not have acted reasonably or where the Promoter is shown to have made a decision in error.
(b) Subject to State regulations, in the event that the Promoter becomes aware that the same person has been selected as a prize winner more than once, the Promoter will cause another name to be drawn/selected in their place.
(c) Different terms apply for games of skill and games of chance, and these are outlined in Clause 5A and 5B below.
5A. Judging
(a) This Clause 5A is only relevant where the Competition is identified in Item 2 of the Specific Conditions as a game of skill. For games of chance please see Clause 5B.
(b) The Competition will be judged by the date listed in Item 10 of the Specific Conditions at the location specified in Item 11 of the Specific Conditions.
(c) Winning entries will be selected by appropriately qualified judges on the quality and creativity of their entry submitted in accordance with Item 7 of the Specific Conditions. Where more than one judging criterion is set out in Item 17, equal weighting will be given to each of the criteria unless otherwise specified in Item 17.
5B. Drawing
(a) This Clause 5B is only relevant where the Competition is identified in Item 2 of the Specific Conditions as a game of chance. For games of skill please see Clause 5A.
(b) The Competition will be drawn at the time and on the date listed in Item 10 of the Specific Conditions at the location specified in Item 11 of the Specific Conditions.
(c) Winning entries will be drawn at random.
(d) Details of prize winners will be published in accordance with Item 14 of the Specific Conditions.
5C. Instant Win
(a) Where the Competition is identified as having an Instant Win component in Item 15, instant win prizes as set out in Item 15 will be available to random valid entrants.
(b) Entrants will be notified during their telephone call / reply SMS / online if they are an instant winner and what prize they have won. Such message will at all times be subject to verification by the Promoter.
(c) In the event of any dispute with the Promoter, or at the Prompter’s request, Instant Winners will be required to correctly quote their unique Prize Claim Number (as set out in Item 13) to be awarded their prize.
(d) The Promoter reserves the right to withhold the awarding of an instant prize to a participant who cannot provide a valid, unique Prize Claim Number.
(e) Any unclaimed or un-verified prizes will be awarded during the Unclaimed Prize Draw outlined in Item 16. Entrants who are not instant winners will be automatically entered into the unclaimed prize draw.
(f) Instant win game materials void if stolen, forged, mutilated or tampered with in any way.
(g) Programming and other quality control errors will not invalidate an otherwise valid prize claim.
(h) Printing errors or other quality control matters outside the control of the individual player shall not be used as the sole basis for refusing to award an Instant Win prize.
(i) This condition 5C(i) only applies to Instant Win prize claims that are made by residents of NSW or Victoria, or are made by persons who purchased a Promotion Product in NSW or Victori (i) unless otherwise due to fraud or ineligibility under these conditions, all prize claims in excess of the number advertised as available (but otherwise in accordance with these conditions) will be honoured; and (ii) printing and other quality control errors outside the control of eligible Entrants will not be used as the sole basis for refusing to honour an Instant Win.
6. Prize Winner Notification
(a) Prize winner(s) will be notified by the date listed in Item 12 of the Specific Conditions.
(b) Prize winner(s) will be notified by the method listed in Item 13 of the Specific Conditions based on the details provided in the entry. All reasonable efforts will be made to contact prize winner(s).
(c) Where the Competition is a game of skill, and the Promoter is unable to contact a prize winner after reasonable efforts, the Promoter may award the prize to the entry judged to be the next best entry according to the judging criteria as judged by the original competition judges.
(d) Where the Competition is a game of chance, and the Promoter is unable to contact a prize winner after reasonable efforts or if a prize winner fails to claim a prize (other than an event-based prize as set out in Clause 9(a)(v)) within 3 months of notice being sent to the winner, the Promoter may conduct a redraw for the unclaimed or undistributed prize in accordance with Item 16 of the Specific Conditions.
7. Prizes
(a) The prize(s) for the Competition is/are as set out in Item 15 of the Specific Conditions.
(b) Where prizes are specific goods, all prize values are the recommended retail value as provided by the supplier, are in Australian dollars unless otherwise stated and are correct at the time of issue of these Terms and Conditions.
(c) Where prize values are to be confirmed after the drawing/judging date (e.g. flights, transfers, or accommodation), prize values in Item 15 are maximum value estimates only, and the Promoter will be under no obligation to provide a prize to the exact value stated, or to reimburse a prize winner where the prize is less than the estimated value.
(d) The Promoter takes no responsibility for variations in the prize value.
(e) Subject to Clause 7(g), no prize in this Competition will be transferable or redeemable for any other prize, including but not limited to cash, and an entrant will not be given cash in lieu of any prize.
(f) A winner will automatically forfeit their prize and another winner will be selected in their place if the winner is found or is reasonably suspected to be on-selling the prize to any other third party in exchange for payment (monetary or otherwise) or other goods or services, regardless of whether or not such payment, goods or services are equal to or greater than the value of the prize.
(g) If a prize referred to in this Competition becomes unavailable for any reason the Promoter reserves the right to substitute a similar item of similar value, including in its sole discretion, providing the prize winner with cash to the value of any prize, subject to regulatory authority approval for games of chance.
(h) Any tax payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.
8. Awarding the Prize
(a) Prize collection may be required for games of skill only. For games of chance, the Promoter will arrange all prize delivery (except where the prize is a motor vehicle, in which case delivery or collection of the prize will be determined on a case by case basis).
(b) If a prize winner is under the age of 18 at the time of awarding the prize (and this is not an entry restriction listed in Item 6) they must be accompanied by a parent or guardian when collecting any prize. Alternatively a prize may be collected by an authorised representative of the Prize Winner as agreed in writing between the Promoter and the Prize Winner.
(c) The Promoter may require any person collecting or receiving a prize to show photograph identification and/or sign a deed declaring that they have collected or received the prize before the Promoter gives the prize over.
(d) The Promoter may require any person collecting a prize to sign a copy of these Terms and Conditions.
(e) The Promoter may at its own discretion require any prize winner to submit to a police check to verify the prize winner’s identification details.
(f) Once a prize has been collected or delivered the Promoter is not responsible for the use or distribution of any prize.
(g) All prizes are subject to availability and must be used on any dates specified in these Terms and Conditions by the Promoter and/or the prize provider. Specifically, prizes may not be valid during school holidays or other peak or seasonal times designated by the prize supplier (such restrictions will be detailed in Item 17).
(h) If a prize winner does not take any element of a prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that prize or any part of it.
(i) The Promoter will not be responsible for replacing or retrieving any prize sent to an incorrect address based on incorrect details included in an entrant’s entry, or details that have not been updated by an entrant in any online profile associated with the entrant’s entry.
(j) The Promoter and the Taylor Swift Entities will not be liable for any loss or damage whatsoever which is suffered (including but not limited to direct or consequential loss) or for personal injury suffered or sustained, as a result of taking any prize under this Competition, except to the extent
(k) The Promoter reserves the right to exclude any persons from the Competition on the ground of their medical condition or history, for the safety of the Promoter’s staff members or others or for any other reason, for example bringing the Promoter’s brand into disrepute. The Promoter also reserves the right to disqualify contestants if:
(i) a contestant at any stage engages in, causes or incites physical violence (e.g. punching, slapping), inappropriate, illegal, unsociable or unsafe behaviour; and/or
(ii) a prize winner is abusive, aggressive, confrontational or acts unreasonably in the Promoter’s sole discretion; and/or
(iii) the safety of any of the Promoter’s staff member is compromised.
(l) Prize winners agree to participate in any promotional activity promoting the Promoter, prize sponsors and/or the Competition at the reasonable request of the Promoter.
(m) If the winner(s) is/are allowed to bring any guests the number of guests will also be set out in the Prize description at Item 15 of the Specific Conditions (Allowed Guests).
(n) Any Allowed Guest also agrees to participate in any promotional activity promoting the Promoter, prize sponsors and/or the Competition at the reasonable request of the Promoter.
(o) For Event-based prizes, if alcohol is made available as part of the prize at the Event, then this will be provided subject to the principles of responsible service of alcohol as exercised by the staff and management of the Venue. The Venue staff and management reserve the right to refuse service of alcohol to any prize winner or Allowed Guests should they be deemed to be intoxicated.
(p) The winner(s) and any Allowed Guests are solely responsible for all insurance, applicable taxes and for any expenses or costs not specified in the Prize description.
(q) Where the winner(s) is/are under eighteen (18), any Allowed Guest(s) must include a parent or legal guardian without exception.
9. Event-based Prizes
(a) Where the prize(s) for the Competition set out in Item 15 of the Specific Conditions is/are for entry to an event ( Event), whether or not hosted by the Promoter, the following applies:
(i) The Promoter will make every effort to ensure that each prize winner is given tickets to the Event, but will not be liable where this request cannot be accommodated. Where tickets to an Event are unavailable, the prize winner may be offered tickets to an alternative event, subject to clause 7(g).
(ii) The venue where the Event is being held ( Venue) may impose its own conditions of entry to the Venue and may refuse entry in its own discretion. The Promoter is not responsible for any refusal of entry made by the Venue.
(iii) Where all or part of the Event is cancelled, rescheduled or varied for any reason, the Promoter may, at its own discretion, offer the prize winner tickets to an alternative event, subject to clause 7(g).
(iv) Where an Event is cancelled (including Events managed or controlled by a third party) and the prize winner has already taken part of the prize, including without limitation flights and/or accommodation, the Promoter will use all reasonable efforts to replace the Event element of the prize but will be under no obligation to do so, and will not be required to replace the Event element with cash or an alternative prize.
(v) Every effort will be made by the Promoter to contact prize winners by the method set out in Item 13 of the Specific Conditions, however:
a. Where an event-based prize is drawn or judged within 7 days of the Event, the prize must be claimed within 24 hours of notification or the prize will be forfeited and may be re-drawn or awarded to the entry judged to be the next best entry according to the judging criteria as judged by the original competition judges.
b. Where an event-based prize is drawn or judged within 14 days of the Event, the prize must be claimed within 3 days of notification or the prize will be forfeited and may be re-drawn or awarded to the entry judged to be the next best entry according to the judging criteria as judged by the original competition judges.
c. Where an event-based prize is drawn or judged within 30 days of the Event, the prize must be claimed within 7 days of notification or the prize will be forfeited and may be re-drawn or awarded to the entry judged to be the next best entry according to the judging criteria as judged by the original competition judges.
(v) For the avoidance of doubt, no Event-based prizes will be drawn more than 30 days prior to an Event unless expressly set out in the Special Conditions listed in Item 17 of the Specific Conditions.
(b) Where the Event is one at which alcohol will be served, the prize winner and any Allowed Guest(s) of a prize winner must be aged 18 years or over. Minors will not permitted to attend the Event unless expressly set out in the Specific Conditions. All prize winners and their guests must carry valid photo identification with them at all times during the Event.
10. Travel and Accommodation Prizes
(a) Where Prizes involve the winner(s) travelling with an Allowed Guest or where the prize includes an accommodation element with an Allowed Guest and the winner of the prize is under the age of 18 years, that winner must nominate a parent or legal guardian as their Allowed Guest for that travel and/or accommodation.
(b) Where Prizes involve the winner(s) travelling the winner(s) and any Allowed Guest(s) shall be required to hold a valid passport and/or other necessary travel documentation and visas.
(c) Unless expressly set out in Item 15 of the Specific Conditions, all transfers, accommodation, meals, incidentals, departure taxes, visas and travel insurance costs will be the sole responsibility of the winner(s).
(d) A credit card imprint or cash deposit may be required from the winner(s) and/or any Allowed Guest(s) at check-in to a hotel for any incidental charges.
(e) The winner(s) indemnify/ies the Promoter against any additional costs incurred by the winner(s) and any Allowed Guest(s) in relation to any travel and/or accommodation provided as part of the Prize which the Promoter has not ex
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