https://visaentertainment.com.au/feature/focusTo celebrate Roadshow Entertainment and Visa Entertainment are giving away 30 copies of FOCUS on DVD. Simply tell us in 25 words or less what steals your FOCUS and why?[/b]
TERMS AND CONDITIONS
Information on how to enter the Promotion (defined below) and prizes forms part of these Terms and Conditions. Entries not made in accordance with these Terms and Conditions will be disqualified. Participation in this Promotion is deemed acceptance of these Terms and Conditions. Capitalised terms have the meanings given in these Terms and Conditions unless otherwise provided or the context otherwise requires.
Section 1: Promotion
1. Promotion: Visa Entertainment invites Visa cardholders to enter the “Roadshow Entertainment’ FOCUS” promotion (Promotion). Entrants who submit the most original and creative answers to the promotional question, “who is your favourite character from the film and why?” and correctly complete the online entry process during the Promotion Period (as set out below), are eligible to be in the running to win certain prizes, as detailed in these Terms and Conditions. The Promotion is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on originality, literary merit and creative merit of the answer provided to the promotional question.
2. Promoter: Visa AP (Australia) Pty Ltd (ABN 20 134 885 564) of Level 42, 50 Bridge Street, Sydney, NSW, 2000, Australia (Promoter). Phone number: (02) 9253 8835.
3. Promotion Period: 9am Friday 12 June 2015 to 5pm Friday 3 July 2015.
Section 2: Eligibility
4. Eligibility: Entry into the Promotion is only open to eligible entrants who:
(i) are residents of Australia aged 16 years of age or older;
(ii) are current Visa cardholders (Debit, Credit or Prepaid)as at the date of entry into the Promotion;
(iii) agree to receive email updates from Visa Entertainment on the Website (defined below) from commencement of the Promotion Period, or who subscribe to receive email updates from Visa Entertainment on the Website during the Promotion Period, either prior to, or at the same time as, completing the online entry form for the Promotion;
(iv) are eligible to take the prize when required (as provided below); and
(v) are not otherwise ineligible under these Terms and Conditions or any applicable law.
5. For the avoidance of doubt, entrants who complete the online entry form for the Promotion who have not subscribed to receive email updates from Visa Entertainment on the Website will be required to complete the necessary details to subscribe to receive email updates from Visa Entertainment and will be directed to complete such details at the time of online entry for the Promotion.
6. By completing the entry process and participating in the Promotion, entrants accept that these Terms and Conditions create a legally binding agreement between the Promoter and the entrant.
7. Non-Eligibility: Individuals are not eligible to enter the Promotion or win any prize if they are a director, manager or employee of the Promoter, or an agency of the Promoter directly associated with the Promotion, or if they are an immediate family member of such director, manager or employee. Immediate family member includes, without limitation, 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 first cousin.
8. Entrants are only permitted to enter the Promotion once. Multiple entries from a single entrant
will be disqualified.
9. Late, incomplete or indecipherable entries will be deemed invalid. Any contact details entered
incorrectly on an entry form will invalidate that entry and any and all other entries submitted
by that entrant. The Promoter takes no responsibility for any delays or failures in any network,
telecommunications service or equipment for any reason whatsoever.
10. The Promoter reserves the right, at any time, and in its sole and absolute discretion, to:
(i) verify an entrant’s identity, age or residency, including by requesting proof of identity,
proof of age and/or proof of residency or other eligibility criteria; and
(ii) disqualify an entrant if the Promoter has reason to believe the entrant has submitted
an entry not in accordance with these Terms and Conditions.
11. Incorrect/unclear contact details: In addition to any other eligibility requirement in these Terms
and Conditions, if any contact details provided to the Visa Entertainment email update service
via the Website are incorrect or unclear, such subscription will not be eligible to qualify for
entry to the Promotion.
12. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole
and absolute discretion, to determine the identity of the entrant.
13. Verification: The Promoter reserves the right, at any time, to verify the validity of entries and
the validity of entrants (including the right to confirm and verify 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
either calculated to, or which may, 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 those rights. The
Promoter's legal rights to recover damages or other compensation from such an offender are
reserved.
Section 3: Entry to the Promotion
14. To enter, eligible entrants must, during Promotion Period, visit
www.visaentertainment.com.au(Website), access the entry form, input the requested details (including but not limited to their
full name and a valid email address), submit their answer to the promotional question, “What
steals your FOCUS and why”, agree to receive email updates from Visa Entertainment (if they
have not done so already),and submit the fully completed entry form.
Section 4: Judging
15. Judging will be conducted at 12pm Monday 6 July 2015 by Clemenger BBDO, Level 3, 120
Pacific Highway St Leonards NSW 2065, on behalf of the Promoter.
16. The Promoter’s decision is final and no correspondence will be entered into.
17. Winners will be notified in writing via email.
Section 5: Prizes
18. Prize: There are 30 DVDs’ of FOCUS to be won.
19. Prize Value: Each Prize is valued at $39.95 AUD, total prize pool of $1198.50.00 AUD.
20. The prizes are not transferable or exchangeable and cannot be taken as cash. The prizes must be taken as offered and cannot be varied.
21. Prize Conditions: The Prize is subject to the following conditions:
(a) No exchange or transfer of prizes: The prizes cannot be exchanged or transferred to any person or redeemed for cash. If for any reason, a winner cannot take the prize or any component of the prize by the time stipulated by the Promoter, then the prize or prize component will be forfeited and no compensation will be paid in lieu.
(b) Prize Component Providers: Individual components of a prize are subject to the terms and conditions of the prize component providers.
(c) Taxes: If the prize or receipt of it incurs a tax liability, the winners are liable for payment of such tax.
(d) Prize Availability: In the event that a prize is unavailable for any reason, the Promoter reserves the right to substitute the prize with an alternative prize. In the event a component of a prize is unavailable for any reason, at any time, the Promoter reserves the right to substitute that prize component with another prize component of equal value, and the prize winner will be notified accordingly.
Section 6: Prize Winners
22. Re-judging: In the event that a winner forfeits the prize or the prize remains unclaimed by 9am Friday 17 July 2015, the Promoter will select the next most creative entry/entries following the same procedure and format as set out for the original judging. The re-judging will take place at 9am Monday 20 July 2015 at the same place as the original judging detailed above.
23. Prize Claim Date: All winners, if any, from the re-judging must claim their prize by no later than 9am Friday 31 July 2015, or their prize will be forfeited.
24. Winner Publicity: In accepting a prize, a winner agrees to participate in any publicity arrangements made by or on the behalf of the Promoter. A winner further acknowledges and agrees that the Promoter has the right to publicise his/her name or photograph, the State or Territory in which the winner ordinarily resides, photograph, likeness and/or voice in any language and in any media channel (whether now known or later devised) throughout the world in perpetuity without restriction in respect of this Promotion and any products manufactured, distributed and/or supplied by the Promoter, without any payment being made to them.
Section 7: General Conditions
25. Literary Work: All entries submitted become the property of the Promoter. Entries will not be returned to any entrant. As a condition of entering into this promotion, each entrant agrees to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter. Each entrant warrants to the Promoter that each entry submitted is an original literary work of the entrant that does not infringe the rights of any third party. The entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their entry, which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
26. Lost, Delayed Communication: The Promoter will not be responsible for any delayed, lost or misdirected communications which occur for any reason whatsoever.
27. Liability: Nothing in these Terms and Conditions limit, exclude or modify 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 State 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.
28. 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 the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; or (e) taking and/or use of a prize.
29. Force Majeure: The Promoter will not be responsible for any act, omission, failure or delay by the Promoter that is due to an act of God, riots, acts of terrorism, storms, fire, any labour or industrial dispute, any strike, and other acts, which are not reasonably within the control of the Promoter. In addition if this Promotion is otherwise 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, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion or disqualify any entrant.
30. Internet Costs: For the avoidance of doubt, any cost associated with accessing the Website is the entrant’s responsibility and is dependent on the Internet service provider used.
31. Release: As a condition of accepting a prize, the winners may be required to sign 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 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.
32. Privacy Notice: 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, prize suppliers and, as required, to Australian regulatory authorities. 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
https://visaentertainment.com.au/general/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 laws 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.
33. These Terms and Conditions are governed by the laws of New South Wales, Australia, and each entrant agrees to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
