http://on.fb.me/1pMQ38kIn X-Men: Days of Future Past, Wolverine has to use his heightened abilities to travel back in time to stop a war before it ever begins.
Discover your own mutant abilities and have a chance at winning a trip to LA here:
http://on.fb.me/1pMQ38k“UNLEASH YOUR X” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 14 years or over who are available to travel to Los Angeles, California (USA) from 16/10/2014 to 18/10/2014 if selected as the Major Prize winner (defined below). Individuals must have a Facebook account in order to access the promotional page.
3. Entrants between the ages of 14 and up to but not including 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
4. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, exspouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, step-sister or 1st cousin.
5. Promotion commences on 29/04/2014 and final entries close at 11:59pm AEST on 24/06/2014 (“Promotional Period”). Entries received between 29/04/2014 and 11:59pm AEST on 17/06/2014 will be eligible to win both a Minor Prize and a Major Prize. Entries received between 12:00am AEST on 18/06/2014 and 11:59pm AEST on 24/06/2014 will ONLY be eligible to win the Major Prize (and NOT a Minor Prize).
6. To enter, individuals must complete the following steps during the Promotional Period:
(a) visit the Mountain Dew Australia Facebook Page at
www.facebook.com/mountaindewau (“Facebook Page”);
(b) select the ‘like’ button on the Facebook Page (if not done so already);
(c) follow the prompts to the ‘Unleash Your X’ promotional application;
(d) create an ‘X-Men’ profile by providing the requested details;
(e) provide an answer to the promotional question “Tell us what you love about Mountain Dew and why” in 25 words or less; and
(f) submit the fully completed entry form.
Each entrant warrants to the Promoter that each entry submitted is an original work of the entrant that does not infringe on the rights of any third party. The content featured in each entry must comply with the provisions contained in clause 26.
7. Incomplete or indecipherable entries will be deemed invalid.
8. Only one (1) entry is permitted per person.
9. 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 and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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 2 those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
10. 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.
11. There will be a prize awarded in respect to the entries received each day from 29/04/2014 until 17/06/2014 (each a “Minor Entry Pool”), for a total of fifty (50) Minor Entry Pools. Entries into each Minor Entry Pool will open at 12:00am AEST and close at 11:59pm AEST each day. Entries in each Minor Entry Pool will not be entered into any subsequent Minor Entry Pool/s.
12. There will also be one (1) prize awarded in respect to the winners in each Minor Entry Pool and all entries received between 18/06/2014 and 24/06/2014 (“Major Entry Pool”).
13. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on the originality, literary merit and creative merit of the answer provided to the promotional question. The judging will take place at PepsiCo Beverages Australia, Level 8, Tower A, 799 Pacific Highway, Chatswood, NSW 2067. The judges may select additional reserve entries in each Minor Entry Pool and in the Major Entry Pool which they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible entrant.
14. The winners will be notified by phone and email.
15. The Promoter’s decision is final and no correspondence will be entered into.
16. The best valid entry in each Minor Entry Pool, as determined by the judges, will each win an X-Men Days of Future Past merchandise pack, valued at AU$180.00 (“Minor Prize”). The pack includes one (1) cap, one (1) t-shirt, one (1) backpack and one (1) power phone case.
17. The best valid entry in the Major Entry Pool, as determined by the judges, will win a trip for two (2) people to Los Angeles, California (USA), valued at up to AU$18,000 depending on point of departure (“Major Prize”). The Major Prize includes:
• return economy airfares from winner's nearest Australia capital city to Los Angeles,
California for two (2) people;
• return transfers from the Los Angeles airport to the accommodation for two (2) people;
• two (2) nights twin-share accommodation at Andaz West Hollywood hotel for two (2)
people;
• daily hotel breakfast and daily hotel pre-dinner drinks for two (2) people (exact menu to
be determined by the Promoter in its absolute discretion). Pre-dinner drinks will only be
available to individuals aged 21 years or over;
• a private tour of 20th Century Fox studios and a private screening of X-Men Days of
Future Past for two (2) people;
• return transfers from the accommodation to 20th Century Fox studios for two (2) people;
and
• travel insurance for two (2) people, up to the value of AUD$95.00
Spending money, additional meals, taxes (excluding airline and airport taxes), additional insurance, passports, visas, vaccinations, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken from 16/10/2014 to 18/10/2014 and is subject to booking and flight availability. 3
18. During the entire duration of the Major Prize, a nominated parent/guardian must accompany any person under 18 years of age. The Major Prize winner and his/her companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The Major Prize winner and his/her companion must depart from and return to the same departure point and travel together. Itinerary of the Major Prize to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the Major Prize. Major Prize is subject to the standard terms and conditions of individual
prize and service providers. The Major Prize winner may be required to present their credit card at time of accommodation check in.
19. The Major Prize winner and his/her of their companion will each be required to fully complete a travel insurance application form provided by the Promoter, and may also be required to undergo medical tests as required by the Promoter’s nominated travel insurer, in order to redeem the travel insurance element of the prize. Any person found guilty of insurance fraud or failure to honestly and accurately disclose all relevant insurance information at the time of applying for a travel insurance policy or when making a claim forfeits any rights or entitlements to the travel insurance element of the prize. Travel insurance will be provided by the Promoter’s nominated travel insurer, and subject to approval by the travel insurer. In the event that the Promoter’s nominated travel insurer refuses to issue insurance to the Major Prize winner and/or their companion, the Major Prize winner forfeits that travel insurance element of the prize. Travel insurance is subject to the terms and conditions issued by the Promoter’s nominated travel insurer, including but not limited to any limitations on the covered amount.
20. 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.
21. If a winner is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian.
22. If for any reason a winner does not take a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
23. If any prize (or part of any 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.
24. Total prize pool value is up to AU$27,000.
25. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
26. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to answers to the promotional question (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that.
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity; 4
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) the Content is the original literary work of the entrant that does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
27. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) 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.
28. 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 foran 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.
29. 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) to modify, suspend, terminate or cancel the promotion, as appropriate.
30. Any cost associated with accessing the Facebook Page is the entrant’s responsibility and is dependent on the Internet service provider used.
31. 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.
32. 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 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 5 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/use of a prize and/or participation in the Major Prize.
33. As a condition of accepting a prize, each winner (and the Major Prize winner’s companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner (or the Major Prize winner’s companion) is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
34. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at
http://www.pepsico.com.au/privacy/. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI 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 PI, 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. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.
35. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at
www.facebook.com/terms.php.
36. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
37. The Promoter is PepsiCo Australia Holdings Pty Limited (ABN 25 079 719 743) of Level 8, Tower A, 799 Pacific Highway, Chatswood, NSW 2067.
