WIN A HOME ENTERTAINMENT SYSTEM!To celebrate the release of the epic sci-fi adventure Ender’s Game on Foxtel On Demand, we’re giving you the chance to win a Hitachi Home Entertainment System valued at $5000!
To enter, simply rent Ender's Game and SMS the codeword to the number provided. You must be a permanent resident of Australia, over 18 and have Foxtel to enter. Competition opens at 09:00hrs (AEDT) on 2/4/14 and closes at 09:00hrs (AEDT) on 23/4/14. Total prize pool value is $4997.00. Winner drawn at 10:00hrs (AEDT) on 23/4/14 by Holler at Suite 5, 30 Boronia Street, Redfern, NSW, 2016. Winner notified by phone and in writing and published in The Australian on 24/4/14. Permit numbers NSW LTPS/14/02515, ACT TP 14/01139. Terms & Conditions available at
http://www.foxtel.com.au/whats-on/foxtel-insider/default.htm. Promoter is Foxtel Management Pty Ltd, 5 Thomas Holt Drive, North Ryde, NSW, 2113. Foxtel marks used under licence by Foxtel Management
Terms and Conditions
DEFINITIONS
1.The following definitions apply to these Terms and Conditions:
a)“Closing Date” means 09:00hrs on Wednesday 23 April 2014.
b)“Commencement Date” means 09:00hrs on Wednesday 2 April 2014.
c)“Draw Date” means 10:00hrs on Wednesday 23 April 2014.
d)“Entrant” means a person who enters the Promotion.
e)“Facebook Page” means the official Foxtel Facebook page located at
www.facebook.com/foxtel.
f)“Prize” means the prize offered in the Promotion.
g)“Promoter” means Foxtel Management Pty Ltd ABN 65 068 671 938, of 5 Thomas Holt Drive, North Ryde, NSW, 2113.
h)“Promotion” means this competition.
i)“Promotion Period” means the period between the Commencement Date and the Closing Date.
j)“Publication Date” means Wednesday 30 April 2014.
k)“Relevant Parties” means the Promoter and the agencies and companies that are associated with the Promoter or the Promotion.
l)“SMS Number” means the SMS entry number given in clause 10.
m)“Supplier” means the supplier of the Prize.
n)“Website” means the Foxtel competitions website, located at
www.foxtel.com.au/whats-on/competitions/default.htm.
o)“Winner” means the Entrant who wins the Prize, including in the Unclaimed Prize Draw.
p)“Unclaimed Prize Draw” has the meaning set out in clause 26.
q)“Unclaimed Prize Draw Date” means Wednesday 24 July 2014.
r)“Unclaimed Publication Date” means Monday 29 July 2014.
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 on the Website and in Foxtel broadcasts during the Promotion Period.
8.An Entrant is eligible to win the Prize if they:
a)are a permanent resident of Australia;
b)are a Foxtel, Optus TV featuring Foxtel, Foxtel from Telstra subscriber, or 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, and the 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
and are not:
d)employees of:
i.the Promoter, Optus, or Telstra
ii.the Supplier;
iii.any corporations or agencies related to the entities in paragraphs (i) and (ii) above; or
iv.any of the Relevant Parties; or
e)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 paragraph (d) above.
9.Entry to the Promotion commences on the Commencement Date and closes on the Closing Date.
ENTRY
10.To enter the Promotion, an Entrant must, during the Promotion Period:
a)purchase “Ender’s Game” from Foxtel on Demand during the Promotion Period;
b)take note of the code word supplied during the program; and
c)send an SMS message containing their full name and the correct code word to 0428 912 389. Entrants will receive a reply SMS message confirming that their entry has been received.
11.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.
12.An Entrant may only enter the Promotion once.
13.SMS entry is only available to participants with an SMS compatible mobile phone connected to a service provider which permits text messaging to the SMS Number. Entrants should check with their service provider in this regard. SMS entries via the internet or computer generation and not attributable to a valid mobile phone account is invalid and will not be accepted.
14.SMS entry cost is $0.55c (including GST) which is charged by your mobile phone carrier provider.
15.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 or for any delays or failures in any telecommunications services or equipment.
16.Entrants must make their SMS entries manually. The Promoter may reject an entry if it reasonably forms the opinion that the entry has been made using automated entry means.
17.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.
18.All entries to the Promotion may be subject to verification by the Promoter. An Entrant must, within 7 days of being asked, at the Promoter’s cost:
a)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.
19.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.
20.Any entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
21.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 Promotion to the Promoter’s satisfaction; or
b)fails to produce items as required by Condition 18 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
22.There will be one (1) Winner drawn from all entries received during the Promotion Period. The Winner will receive the Prize.
23.The Winner will be drawn electronically on the Draw Date by Holler at Suite 5, 30 Boronia Street, Redfern NSW 2016.
24.The Promoter’s decisions are final and no correspondence will be entered into.
25.The Winner will be notified by phone and/or e-mail within 2 days of the Draw Date. The Winner’s name will be published in The Australian newspaper on the Publication Date.
26.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 Holler at Suite 5, 30 Boronia Street, Redfern NSW 2016. The Winner of the Unclaimed Prize Draw will be notified by telephone and/or e-mail within 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
27.The Prize is valued at a maximum of $ 4997.00 and consists of the following:
a)one (1) 70” Hitachi TV (model no. LE70EC04AU), valued at a maximum of $3,999.00;
b)one (1) Hitachi Sound Bar (model no. HSB32W21) with wireless sub, valued at a maximum of $799.00;
c)one (1) “Android” brand media player (model no. AMC-014), valued at a maximum of $199.00;
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $4997.00
28.All Prize values are correct as at Friday 28 February 2014 and are reflective of the recommended retail price and are in Australian dollars. The Promoter takes no responsibility for any variations in the Prize values.
29.If the Prize (or any part of 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 the Winner or any other party if the Prize (or any part of the Prize) is unavailable for any reason.
30.The Prize cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions cannot be taken as a monetary payment.
31.The Prize may be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow the Winner to transfer the Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.
32.The Promoter reserves the right to refuse to allow the Winner to take part in any or all aspects of the Prize, if the Promoter determines, in its absolute discretion, that the Winner is not in the mental or physical condition necessary to be able to safely participate in the Prize.
33.The Winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to accepting the Prize.
34.Once the Prize has left the Promoter’s/Supplier’s premises, the Promoter and the Relevant Parties will not be responsible for any delay in delivery or loss or damage to the Prize.
35.If the Draw Date or Unclaimed Prize Draw Date is a public holiday, the draw will be conducted on the following business day.
36.The Prize will be awarded to the person named in the winning entry.
GENERAL
37.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.
38.To the full extent permitted by the law, the Relevant Parties will not be liable for any loss, damage, claim, cost, expense or personal injury suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any Entrant in connection with the Promotion or the Prize, including:
a)any indirect, economic or consequential loss or loss of profits;
b)any loss arising from the negligence of a Relevant Party; and
c)any liability for personal injury or death.
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 individual 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. 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 participants 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 rules are Terms and Conditions and constitute the entire terms and conditions between the 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.
46.Authorised under the following permit numbers:
ACT TP 14/01139, LTPS/14/02515
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 Foxtel Competition Privacy Notice for this Promotion and the Foxtel Privacy Policy (at
http://www.foxtel.com.au/about-foxtel/privacy/default.htm).
Australian Competitions Club
