Conditions of Entry for the "Melbourne Football Club Fans’ MVP, sponsored by Hertz" (Promotion)
ENTRY
1. This document contains the terms and conditions of entry (“Terms”) into the Melbourne Football Club Fans’ MVP, sponsored by Hertz (“Promotion”). Entry into this Promotion is deemed acceptance of these Terms.
Conditions of Entry for the "Melbourne Football Club Fans’ MVP, sponsored by Hertz" (Promotion)
ENTRY
1. This document contains the terms and conditions of entry (“Terms”) into the Melbourne Football Club Fans’ MVP, sponsored by Hertz (“Promotion”). Entry into this Promotion is deemed acceptance of these Terms.
2. The promoter is the Melbourne Football Club ABN 27 005 686 902 (“Promoter”) of Melbourne Cricket Ground, Great Southern, Brunton Avenue, East Melbourne (“Promoter”).
3. The Promotion will open at 9am Australian Eastern Standard Time (“AEST”) on Tuesday 3 April 2018 and will continue until 11.59pm AEST Monday 27 August 2018 (“Promotion Period”). All entries must be received by the Promoter during the Promotional Period.
4. Subject to clause 5, entry is open to all residents of Australia. Excluded, are employees of the Promoter and other agencies, firms or companies associated with this Promotion, and their immediate families (“Entrants”). Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
5. If an entrant is under 18 years, they must have their parent or legal guardian's consent to enter this promotion. The Promoter reserves the right to request this consent in writing.
ENTRY CONDITIONS
6. To register for the Promotion, Entrants must, during the Promotion Period, register their details via the on-line registration form located on the Melbourne Football Club Fans’ MVP, sponsored by Hertz, website at www.fansmvp.afl.com.au/melbournefc (“Online Entry Site”).
7. The Promoter, subject to State and Territory legislation, reserves the right not to accept a registration for any Entrant or to disqualify an Entrant if the Promoter considers that the registration contains anything defamatory or is otherwise inappropriate or is not submitted in accordance with these Terms.
8. An Entrant may only register as an individual.
9. Eligible Entrants can complete their Eligible Entry by: a. logging on to the Online Entry Site and submitting a series of votes in the Promotion in any one of the twenty-one (21) Competition Rounds (defined below), and then providing all requested details in accordance with the directions on the Online Entry Site; and then b. Confirming their acceptance of these Terms, (Qualifying Entry). Qualifying Entry must be submitted during the respective opening/closing voting period for a Competition Round, as indicated in clauses 11 and 13 below, to be considered valid. An Entrant is eligible to submit a maximum of one (1) Qualifying Entry per Competition Round.
10. This Promotion relates to each Round from Round 2 to 23 of the 2017 Toyota AFL Premiership Season in which the Melbourne Football Club plays, i.e. Rounds 2 to 23, excluding Round 11 (each a ‘’Competition Round’’). In the Promotion, 22 players from the Melbourne Football Club that played in a Competition Round; will be available for selection and will be published at fansmvp.afl.com.au/melbournefc (Online Entry Site).
11.Entry/voting will open approximately half an hour following completion of each respective Melbourne Football Club game, excluding voting for the first Competition Round for this Promotion (i.e. for the 2017 Toyota AFL Premiership Season - Round 2), where entries/voting opens 9am AEST on Tuesday 3 April 2018.
12.Entrants can vote for who they deem to be the best player from the Melbourne Football Club in each of the twenty-one (21) Competition Rounds. By submitting a vote in a Competition Round an Eligible Entrant will be eligible to enter the Prize Draw that corresponds to overall competition prize.
13.Voting will close for each Competition Round at the start of the match for the Melbourne Football Club in the next 2017 Toyota AFL Premiership Season Round, apart for voting for the last Competition Round, where entries/votes close at 11.59pm AEST Monday 27 August 2018. E.g. voting for Round 3 of the 2017 Toyota AFL Premiership Season (i.e. Competition Round 2) will close at the start of the Melbourne Football Club match in Round 4 of the 2018 Toyota AFL Premiership Season.
MAJOR PRIZE
14. Eligible Entrants may only submit a maximum of one (1) Qualifying Entry per Competition Round, and will receive one (1) entry into the Major Prize draw for every valid Qualifying Entry submitted. For the sake of clarity, an Entrant may receive a maximum of twenty-one (21) draw entries in total (one (1) for each Competition Round).
15.If the prize winner is under the age of 18 years, the prize may be awarded to their parent or legal guardian on behalf of the winner, at the Promoter’s discretion. Minors may use the prize, but they must have consent from their parent or legal guardian (which the Promoter may request in writing).
16. There is one (1) Major Prize to be awarded. The Major Prize is valued in total at $500 (incl. GST) and consists of two (2) tickets to the Melbourne Football Club 2018 Best and Fairest dinner taking place in either September or October 2018 (with exact date yet to be confirmed). The Major Prize will be awarded at random via the Major Prize draw. The Major Prize draw will take place at Melbourne Football Club, Great Southern Stand, MCG, East Melbourne on Monday September 3, 2018 at 11:00am local time. The first valid entry drawn will win the Major Prize. The draw conductor may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. All costs associated with travel to and from the Best and Fairest dinner will be the responsibility of the winner and their companion for the prize, including but not limited to, any applicable flight, accommodation, fuel and transfer costs. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority. The tickets 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 behavior, including but not limited to intoxication, whilst participating in any element of the prize. If for any reason the winner cannot take the prize in September/October 2018, on the dates specified by the Promoter to coincide with the Melbourne Football Club 2018 Best and Fairest dinner event, then they will forfeit the entire prize and no substitute will be offered.
17.The total value of the Major Prize pool is $500 (Inc. GST).
18.The winner of the Major Prize will be notified by telephone and in writing, within 2 business days of each draw, using contact details provided in their entry. Winners name will also be published online at www.melbournefc.com.au on Monday September 10, 2018.
19.In the event that the winner is unable to be contacted, and all reasonable methods of communication are unsuccessful, the unclaimed prize will be distributed by an unclaimed prize draw conducted at Melbourne Football Club, Great Southern Stand, MCG, East Melbourne at 11:00am (local time) on Wednesday September 5, 2018. The winner of any unclaimed prize draw will be notified by telephone and in writing within 1 business days of the draw and published online at www.melbournefc.com.au on Monday September 10, 2017. The prize offered by this Promotion remain the property of the Promoter until claimed by the prize winner.
20.Promoter’s decision in relation to any aspects of the Promotion is, subject to State and Territory legislation, final and binding on every person who enters and no correspondence will be entered into. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
21.The prize is not transferable or exchangeable and cannot be taken as cash and if for any reason whatsoever, the prize becomes unavailable, the Promoter reserves the right to substitute the prize to another prize of the same or greater value, subject to State and Territory legislation.
22.The Promoter accepts no responsibility for any variation in the prize value. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the prize except for any liability which cannot be excluded by law. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter including without limitation technical malfunctions or failures.
23.The Promoter holds no responsibility for incorrect or insufficient details provided by the entrant. Should an entrant’s details change, it is the responsibility of the entrant to provide these details to the Promoter.
GENERAL
24.Each Qualifying Entry counts towards one (1) entry only.
25.Eligible Entrants may enter the Promotion as many times as they wish provided; a. each entry is based on a separate Qualifying Entry; and b. they submit no more than one (1) Qualifying Entry per Competition Period; and c. each entry is submitted separately in accordance with these Terms.
26.The use of any automated entry software or any mechanical, electronic or other means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
27.The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any entry or prize/s except for any liability which cannot be excluded by law.
28. The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of thePromotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
29. Promoter is neither responsible nor liable for any late, lost or misdirected entries and all entries are deemed to be received the time of receipt of the web entry into the Promotion database and not the time of transmission by the Entrant. The Promoter, subject to State and Territory legislation, assumes no responsibility for 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.
30. 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. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
31.The total prize pool for this promotion is valued at up to $500 (Inc. GST), as of Tuesday 3 April 2018.
32.Incomplete, indecipherable and incorrect entries/registrations/tips or entries/registrations/tips containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win.
33.It is a condition of taking a prize that the winner must, if requested to do so by the Promoter, sign and return documents relating to their eligibility to enter (including ownership of entry), statement of compliance with relevant terms and conditions and/or a release of the Promoter's liability in taking prizes. If a winner is under the age of 18, their legal guardian/parent will be required to sign such documents referred to in this clause on their behalf.
34.By participating in this Promotion, the Eligible Entrant agrees and acknowledges that:
a. they may be contacted by the Promoter to provide comments about the Melbourne Football Club Fans’ MVP, sponsored by Hertz Promotion and the Promoter (or an agent of the Promoter) may take photos of them;
b. the Promoter may use such comments or photos (the "Materials") for the Promoter's future promotional and marketing purposes without further reference or compensation to them;
c. the Promoter may duplicate, alter, adapt and utilise the Materials as the Promoter wishes at anytime, anywhere, and by any means. The Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same;
d. they acknowledges that the Promoter retains all right, title and interest, including copyright, in the Materials and, by participating in the Promotion, they assign to the Promoter on creation of the Materials all right, title and interest which might, but for these Terms, vest in them;
e. they unconditionally and irrevocably consents to any act or omission that would otherwise infringe any of their moral rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given ("Moral Rights");
f. they waive all Moral Rights in the Materials that arise outside Australia; and g. they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.
35. All entries become the property of the Promoter (Melbourne Football Club) and Hertz. The collection, use and disclosure of personal information in connection with this Promotion will be in accordance with the Privacy Act 1988 (Cth). By entering the Promotion, the entrant understands and agrees that the Promoter collects their personal information in order to conduct the Promotion and may, for this purpose, disclose such personal information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities as well as obtain information about the entrant’s insurance arrangements (if any) on behalf of, and to disclose to, Hertz. The entrant also understands and agrees that the primary purpose of collecting information: a. is to enable Hertz to contact the entrant at a later date (by any means including but not limited to telephone, mail or electronic message) to market and promote its products and services to the entrant. b. is to enable the Promoter to contact the entrant at a later date by any means including but not limited to telephone, mail or electronic message) to market and promote its products and services to the entrant.
36.If the information requested is not provided, or the entrant does not consent to their personal information being used for the above primary purpose, the entrant should not participate in the Promotion. By entering this Promotion, the entrant understands and agrees that the Promoter may disclose the information provided by the entrant to a lottery regulator (if necessary), publish the winner’s personal details as required under relevant lottery legislation, as well as use their information for further promotional, marketing and publicity purposes. An entrant’s personal information is collected, used and disclosed by the Promoter in accordance with these Terms and by Hertz in accordance to these Terms and Hertz Online Terms of Use & Privacy Policy, available at https://www.hertz.com.au/rentacar/privacypolicy/index.jsp?.jsp. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed athttp://www.melbournefc.com.au/privacy.Each aforementioned 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. The Promoter and Hertz will not disclose entrant’s personal information to any entity outside of Australia. All entries become the property of the Promoter Any cost associated with accessing the Melbourne Football Club Fans’ MVP, sponsored by Hertz, Website is the Entrant's responsibility and is dependent on the Internet service provider used.
37. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia ("Non-Excludable Guarantees"). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.
38.Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of:
(a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); (b) any theft, unauthorised access or third party interference;
(c) any entry, registration, tip or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
(d) any variation in prize value to that stated in these Terms and Conditions;
(e) any tax liability incurred by a winner or Entrant; or
(f) taking and/or use of a prize and/or participation in the prize dinner event.
39. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
40. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the prize.
41. NSW Permit number:
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