TERMS AND CONDITIONS
COORS/NBA AUSTRALIA ULTIMATE NBA ALL-STAR COMPETITION 2018
Competition and Promoter
TERMS AND CONDITIONS
COORS/NBA AUSTRALIA ULTIMATE NBA ALL-STAR COMPETITION 2018
Competition and Promoter
1.1. This “COORS/NBA AUSTRALIA ULTIMATE NBA ALL-STAR” competition is a game of skill in which eligible competitors answer a promotional question (the "Competition").
1.2. By entering this Competition and in consideration for the opportunity to win the prize associated with the Competition, each entrant agrees to be bound by and observe these terms and conditions. Information on how to enter and prize details form part of these terms and conditions.
1.3. The promoter of the Competition is COCA-COLA AMATIL (AUST) PTY LTD (ABN 68076 594 119) of Level 14, 40 Mount Street, North Sydney, NSW 2060 (the "Promoter").
Who may enter
2.1. Subject to paragraphs 2.3 and 2.4, entry into the Competition is open solely to all permanent residents of Australia aged 18 years or over at the date of entry.
Each eligible entrant may enter only one once.
The officers, management and employees (and immediate family members of officers, management and employees) of the Promoter are not eligible to enter the Competition.
Employees of NBA Properties, Inc., the National Basketball Association (the “NBA”), the NBA member teams, NBA Asia, Limited and NBA Media Ventures, LLC (collectively, the “NBA Entities”) including affiliates, agents and immediate family members and/or those living in the same household of each of the aforementioned, are not eligible to enter or win the Competition.
2.5. No purchase or other payment is necessary to enter the Competition.
Competition Period
The Competition commences at 09:30 Australian Eastern Daylight Time (AEDT) on 21st December 2017, and closes at 17:00 AEDT on 21st January 2018. (the "Competition Period").
To enter, eligible entrants must visit the official online entry form for this Promotion, accept these terms and conditions, sign-in using your e-mail address and complete the entry form confirming name, e-mail address and date of birth, and provide an answer to the promotional question (To celebrate Coors being the proud partner of the NBA, Simply tell us in 25 words or less why you and a mate should go to LA for All-Star?).
How to win the prize
To be eligible to win a prize, eligible entrants must answer the promotional questions featured on the entry form. The entrant that submits the best answer to the promotional question (based on creative merit), as determined by the judges , will be the ("Winner" or "Prize Winner"). Judging will take place on 23 January 2018.
Notification of prize winner
6.1. The Prize Winner will be notified by email on 23 January 2018 and the winner's name will be announced on Sporting News AU/NBA Australia by 23 January 2018.
6.2. The Prize Winner must accept the prize by email confirmation by 26 January 2018.
Prize details
7.1. The prize is a trip for two people to the 2018 NBA All-Star in Los Angeles USA which takes place between February 16-18, 2018. The prize includes:
1. Return economy class airfares for the Prize Winner and one other person of the Prize Winner's choosing (but who must be over the age of 18 on 18th January 2018) from an Australian state capital city nearest to the Prize Winner’s place of residence to Los Angeles, departing on 15 February 2018 and returning on 20 February 2018 valued at a maximum of A$5,000 (including airfare and airport taxes);
2. Five (5) nights’ (two single rooms) accommodation at a 3+ Star Hotel in Los Angeles 15 February 2018 (Check In) to 20 February 2018 (Check Out), valued at a maximum of A$3,000;
3. Two tickets to the three day NBA All-Star (valued at a maximum A$5,200)
4. Spending Money to the maximum value of A$2,000 provided in the form of a foreign currency travel card (e.g. Australia Post Load & Go Travel Card). A$2,000 will be loaded into USD at the daily exchange rate
7.2. The prize winner agrees that the Released Parties (defined in paragraph 8.1 below) and their designees and assigns may use the winner's name, voice, city/state of residence, photos, video or film clips, and/or other visual likeness for advertising and/or trade purposes and/or for any other purpose in any media or format now or hereafter known without further compensation(financial or otherwise), permission or notification.
7.3 Entrants consent to the use of their image, name, entry and/or voice in any media in the event they are a winner, for an unlimited period of time without remuneration for the purpose of promoting this Competition (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promotor and Sponsor.
7.4. The maximum total value of the prize is A$15,200 (including GST).
7.5. The prize winner is responsible for all expenses not specified in these Conditions of Entry, including but not limited to transport to and from the Overall Prize winner’s place of residence to the nearest capital city airport, any meals and beverages, insurance (including medical, travel and health), items of a personal nature (including but not limited to in-room charges, tips, telephone and laundry) and all other ancillary costs. The tickets portion of the prize are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize
7.6. Prize travel is subject to fare rules and other conditions of carriage. Tickets will not be exchanged for another destination. The prize winner cannot upgrade any prize travel or prize accommodation using cash or frequent flyer points and will not accrue frequent flyer points on any prize flights or with any prize accommodation. Prize travel must be taken February 15-20, 2018 in order to coincide with the prize in paragraph 7.1 above. If the winner cannot take the prize on the dates required, they will forfeit their right to the prize.
7.7 Prize travel may not be changed by the Overall Prize winner under any circumstances. If the Overall Prize winner cannot travel in accordance with these Conditions of Entry and on the flights nominated by the Promoter, the prize will be forfeited. If for any reason the Overall Prize winner elects not to travel on the flights in paragraph 7.1 above, the flights will be forfeited and cash will not be awarded in lieu of the flights. Bookings will be made by the Promoter. Flight schedules and accommodation arrangements are subject to change without notice. Travel itinerary to be determined by the Promoter in its absolute discretion. The winner may be required to present their credit card at time of accommodation check in.
7.8 It is a condition of accepting the prize that the winner arranges at their own expense valid travel insurance with the highest available coverage, as well as the relevant visa documentation for entry into the USA, for their period of travel. The award of the prize will be subject to the entrant holding valid passports, which expire no earlier than six (6) months after the date of return to Australia. It is the entrant’s responsibility to arrange and obtain all visas required in connection with the prize (and the prize winner and the other traveller will need obtain a valid ESTA to the USA). The winner and his/her/their guest are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The winner (and his/her companion) must depart from and return to the same departure point and travel together. If for any reason the winner does not take/redeem the prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
Further Competition conditions
8.1. None of Sporting News, the Promoter, the NBA or the NBA Entitles (together, the "Released Parties") accept any responsibility for any variation in the value of the prize. In the event that any element of a prize is not available, the Promoter reserves the right to substitute a prize of equal or greater value, subject to written directions from relevant regulatory bodies.
8.2. The prizes are not transferable or exchangeable. Prizes are not redeemable or exchangeable for cash and can only be taken as offered.
8.3. Each Prize Winner acknowledges that their prize may be subject to additional terms and conditions imposed by third party suppliers which will be provided to each Prize Winner. By accepting their prize, the Prize Winner will be deemed to have accepted any such additional terms and conditions in full.
8.4. The Released Parties do not accept responsibility and are not liable for any additional conditions imposed by a third party as referred to in paragraph 8.3
8.5. If for any reason a Prize Winner does not accept:
an element of the prize;
any part of these terms and conditions relevant to that element; or
any additional terms and conditions stipulated by any third party prize suppliers relevant to that element,
that element of the prize will be forfeited. Cash will not be awarded in lieu of any element of any prize under any circumstances (unless otherwise specified by the Promoter).
8.6. All eligible entrants agree to provide the Promoter or the Promoter’s authorised agent with identification and proof of eligibility if selected as a Prize Winner. The required form of identification and proof of eligibility are at the discretion of the Promoter (acting reasonably).
Unclaimed prizes
In the event of any prize not being accepted or claimed, the winner of that individual prize will be deemed invalid and the Promoter reserves the right to choose the eligible entrant with the next best answer to the promotional question to receive the unclaimed prize.
Limitation of liability
10.1. To the fullest extent permitted by law, the Released Parties exclude all liability and will be held harmless from any losses, damages, actions, liability, injury or claims (including, without limitation (but subject to operation of law), personal injury, death to winner or any third party or damage to personal or real property, due in whole or in part, directly or indirectly, by any reason) incurred by any person in connection with the Competition or the promotion, receipt, acceptance, possession, use or misuse of any prize and/or participation in this Competition. The Released Parties also expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these terms and conditions.
10.2. Except as otherwise required by applicable law, the Released Parties accept no responsibility or liability for any entry or claim which for technical or other reasons is unsuccessful, ineligible, late or incomplete. Incomplete, indecipherable or illegible entries will be deemed invalid.
10.3. Nothing in these terms and conditions excludes or limits Promoter’s liability for: (i) death or personal injury arising from the Promoter's negligence; (ii) fraud or fraudulent misrepresentation; (iii) or any other liability which may not be excluded or limited by applicable law, and nothing in these terms and conditions limits, excludes or modifies any statutory right or guarantee provided by Australian law or state law.
Privacy
By entering the Competition, the entrant understands and agrees that the Promoter and its agents may use and disclose the entrant’s personal information to assist in administering and managing the Competition and prizes (where applicable) and communicating with the entrant in regard to special offers from the Promoter and its related entities. Entrants in the Competition acknowledge that the Promoter may share an entrant’s personal information with the Promoter’s Australian and foreign related entities and the NBA Entities which may contact the entrant with marketing messages and special offers. Without limiting the foregoing, the Promoter may disclose the Prize Winner’s personal information to third parties for the purpose of fulfilling the prize, service providers, contractors and agents. Entry is conditional on providing this personal information. The Promoter will also use and handle personal information collected as set out in its Privacy Policy, which can be viewed at https://www.ccamatil.com/privacy-policy. The Promoter may, for an indefinite period, unless otherwise advised, use the personal information collected from entrants for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their personal information, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. If an entrant elects to receive information from other third parties, the Promoter and the NBA Entities may also disclose the entrant’s personal information for that purpose. The Promoter is bound by the Australian Privacy Principles and the Privacy Act 1988 (Cth). Entrants may find out more information about how the Promoter collects, uses and discloses personal information by reading the Promoter’s Privacy Policy, which is available at https://www.ccamatil.com/privacy-policy. Entrants may access the personal information the Promoter holds about them by writing to the Promoter at the address set out below. If the Promoter limits or denies an entrant access to their personal information in certain circumstances, the Promoter will tell the entrant why access was limited or denied. The entrant can contact the Promoter by writing to the Promoter at COCA-COLA AMATIL (AUST) PTY LTD, Level 14, 40 Mount Street, North Sydney, NSW 2060. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy).
General
12.1. Any decision of the Promoter in respect of the Competition, is final and binding and no correspondence will be entered into. The Promoter reserves the right to withdraw, alter or suspend the Competition or these terms and conditions at any time if circumstances beyond its control make this unavoidable.
12.2. The prizes remain the property of the Promoter until delivered to the Prize Winners.
12.3. The Released Parties shall bear no liability if for any reason the Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, technical failures or any causes beyond the Promoter’s control which corrupt or affect the fairness or integrity or proper conduct of the Competition. The Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process and to cancel, modify, terminate or suspend the Competition.
12.4. The Promoter reserves the right at any time and its sole discretion to: (i) verify the eligibility of any entrant and/or a Prize Winner's guest (including their age and place of residence); (ii) disqualify any entrant who conspires with others to gain an unfair advantage or who is otherwise involved in manipulating, interfering or tampering with the entry process or any other element of the Competition or who the Promoter reasonably believes to have acted in breach of these terms and conditions or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Competition. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
12.5. The Prize Winner is advised that tax implications may arise from the prize and should seek independent financial and taxation advice prior to acceptance of the prize. Each Prize Winner shall responsible for all applicable taxes.
12.6. It is the entrant’s responsibility to inform the Promoter of any changes to their contact details, including their residential address, e-mail address or daytime telephone number.
12.7. This Competition, these terms and conditions, and any dispute arising out of or in connection with them, shall be governed by and construed in accordance with the laws of New South Wales, Australia. Each entrant irrevocably agrees that the courts of New South Wales shall have exclusive jurisdiction to adjudicate any dispute or claim that arises out of or in relation to the Competition or these terms and conditions. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
12.8 All material submitted on entry (e.g. photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and answer(s) to a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Entrants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and Conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph. The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Terms and Conditions including this clause.
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