http://www.foxtelmovies.com.au/win-with-foxtel-movies/FOXTEL MOVIES WINTER POPCORN COMPETITION
TERMS & CONDITIONS
DEFINITIONS
1. The following definitions apply to these Terms and Conditions:
a) “Closing Date” means 23:59hrs on Sunday 30 August, 2015.
b) “Commencement Date” means 00:05hrs on Friday 3 July, 2015.
c) “Draw Date” means 10:00hrs on Tuesday 1 September, 2015.
d) “Second Chance Draw Date” means 11:00hrs on Tuesday 1 September, 2015.
e) “Entrant” means a person who enters the Promotion.
f) “Facebook Page” means the official Foxtel Movies Facebook page located at
http://www.facebook.com/foxtelmoviechannels.
g) “Instant Prize” has the meaning set out in clause 11.
h) “Instant Prize Winner” means an Entrant who wins an Instant Prize.
i) “Prize” means a prize offered in the Promotion. “Prizes” means all of the prizes offered in the Promotion and includes the Instant Prizes and the Runner-Up Prizes.
j) “Promoter” means Foxtel Management Pty Ltd ABN 65 068 671 938, of 5 Thomas Holt Drive, North Ryde, NSW 2113.
k) “Promotion” means this competition.
l) “Promotion Period” means the period between the Commencement Date and the Closing Date.
m) “Publication Date” means Thursday 3 September, 2015.
n) “Relevant Parties” means the Promoter and the agencies and companies that are associated with the Promoter or the Promotion.
o) “Runner-Up Prize” means the runner-up prizes offered in the Promotion.
p) “Runner-Up Prize Winner” means an Entrant who wins a Runner-Up Prize.
q) “Second Chance Draw” has the meaning set out in clause 29.
r) “Supplier” means the supplier of the Prizes.
s) “Website” means the Foxtel Movies website, located at
http://www.foxtelmovies.com.au.
t) “Winner” means an Entrant who wins a Prize, including in the Unclaimed Prize Draw and Second Chance Draw, and including the Instant Prize Winners and the Runner-Up Prize Winners.
u) “Unclaimed Prize Draw” has the meaning set out in clause 32.
v) “Unclaimed Prize Draw Date” means Tuesday 1 December, 2015.
w) “Unclaimed Publication Date” means Thursday 3 December, 2015.
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 Winners.
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 a Prize if they are a 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 20g net Foxtel Movies branded popcorn packets to be distributed to members of the public during the Promotion Period, on the Facebook Page and the Website, on the Foxtel Movies email newsletter and in broadcasts on the Foxtel Channels.
8. An Entrant is eligible to win a Prize if they:
a) are a permanent resident of Australia; and
b) are over the age of 18, or, if under the age of 18, have their parent’s or guardian’s permission before entering the Promotion
and are not:
c) 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
d) 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 (c) 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) go to the Website; and
b) enter their details, including but not limited to their full name and email address; and
c) click on the “Are you a winner?” button; and
i. claim their Prize if they are an Instant Prize Winner, by following the instructions in the winner notification email they receive.
d) All entrants who have not won an Instant Win Prize will be entered into the Runner-Up Prize draw.
11. INSTANT WINS: Two hundred (200) instant win prizes (the “Instant Prizes”) will be available to random valid entrants. Instant winners will be issued a six (6) digit unique number (“Prize Claim Number”) as determined by the Salmat Digital Pty Limited Instant Win system. The Prize Claim Number will need to be recorded by the Entrant for Prize verification purposes. In the event of any dispute with the Promoter, or at the Prompter’s request, instant Winners will be required to correctly quote their unique Prize Claim Number to be awarded their Prize. The Promoter reserves the right to withhold the awarding of an instant prize to an Entrant who cannot provide a valid, unique Prize Claim Number. Any unclaimed or un-verified Prizes will be awarded during the second chance draw.
12. 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.
13. Entry to the Promotion is limited to one (1) entry per Entrant over the entire Promotion Period.
14. Only one (1) Instant Prize will be awarded per person over the entire Promotion Period. In the event that an Entrant wins more than one Instant Prize, the first Instant Prize won will be awarded and the remaining prizes will be drawn.
15. Instant win game materials are void if stolen, forged, mutilated or tampered with in any way.
16. Programming and other quality control errors will not invalidate an otherwise valid prize claim.
17. Unless otherwise due to fraud or ineligibility under these conditions of entry, all existing claims for prizes and entitlements to claims will be met notwithstanding the advertised prize pool has been exceeded.
18. Printing errors or other quality control matters outside the control of the individual player shall not be used as the sole basis for refusing to award a prize.
19. 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 due to technical disruptions, network congestion or for any other reason.
20. Entry via the Website is free. However, any costs associated with accessing the Website are the responsibility of the person seeking access and are dependent on the internet service provider used.
21. Entrants must make their Website entries manually using an internet browser. The Promoter may reject an entry if it reasonably forms the opinion that the entry has been made using automated entry means or by use of a computer entry service.
22. 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.
23. All entries to the Promotion may be subject to verification by the Promoter. An Entrant must, within seven (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.
24. The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that a Winner cannot provide suitable proof of eligibility, that Winner will forfeit their Prize in whole and no substitute or compensation will be offered.
25. Any entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
26. 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 clause 23 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
27. There will be five (5) Runner-Up Prize Winners drawn from all entries received during the Promotion Period. Each Runner-Up Prize Winner will receive one (1) Prize.
28. The Runner-Up Prize Winners will be drawn electronically on the Draw Date by Salmat Digital Pty Ltd, Level 2, 116 Miller Street, North Sydney, NSW 2060.
29. INSTANT WINS: At the conclusion of the competition all entrants excluding Instant Winning entries will be entered into a draw to win any un-won prizes (the “Second Chance Draw”). The Second Chance Draw will take place at Salmat Digital Pty Limited, Level 2, 116 Miller Street, North Sydney NSW 2060 on the Second Chance Draw Date.
30. The Promoter’s decisions are final and no correspondence will be entered into.
31. The Runner-Up Prize Winners and Second Chance Draw Winners will be notified by phone and mail within two (2) days of the Draw Date. The Runner-Up Prize Winners’ names will be published in The Australian newspaper on the Publication Date.
32. All reasonable attempts will be made to contact the Winners. Subject, where relevant, to any directions given under the legislation regulating the Promotion, if a 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 Salmat Digital Pty Limited, Level 2, 116 Miller Street, North Sydney NSW 2060. The Winner/s of the Unclaimed Prize Draw will be notified by phone and mail within two (2) days of the Unclaimed Prize Draw Date. The name/s of the Unclaimed Prize Winner/s who wins a Runner-Up Prize will be published in The Australian newspaper on the Unclaimed Publication Date.
PRIZES
33. Each Instant Win Prize consist of one (1) Event Cinemas Movie Card (All states except VIC and TAS) OR one (1) Village Cinemas Adult Gift Voucher (VIC and TAS only), to the value of $40.00.
THE TOTAL INSTANT WIN PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $8,000.00
Each Runner-Up Prize consists of one (1) Westfield Gift Voucher, to the value of $1,000.00.
THE TOTAL RUNNER-UP PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $5,000.00
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $13,000.00
34. All Prize values are correct as at Friday 29 May, 2015 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.
35. If any 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 any Winner or any other party if any Prize is unavailable for any reason.
36. Prizes cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.
37. Prizes may be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow a Winner to transfer a 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.
38. Winners are advised that tax implications may arise from them winning a Prize and they should seek independent financial advice prior to accepting a Prize.
39. Once a 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.
40. If the Draw Date or Unclaimed Prize Draw Date is a public holiday, the draw will be conducted on the following business day.
41. Prizes will be awarded to the people named in the winning entries.
42. Prizes will be awarded in the Promoter’s sole discretion.
43. The Prizes are valid for twelve (12) months from date of issue and can only be redeemed at the location specified on the voucher.
GENERAL
44. 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.
45. 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 Prizes, 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.
46. 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.
47. The Winners acknowledge that the Prizes may be subject to additional terms and conditions imposed by third parties. The Winners must become acquainted with any such additional terms and conditions prior to taking a Prize. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prizes, or for the breach of those conditions by any person.
48. 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.
49. 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.
50. These Terms and Conditions are governed by the laws of New South Wales and each of the relevant State authorities.
51. 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.
52. All entries become the property of the Promoter.
53. Authorised under the following permit numbers:
NSW Permit Number: LTPS/15/04316; ACT Permit Number: TP 15/06139; SA Permit Number: T15/963
PRIVACY
54. 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 (at
https://www.foxtel.com.au/got/support/accounts-billing/legal/comp-privacy-notice.html) and the Foxtel Privacy Policy (at
http://www.foxtel.com.au/about-foxtel/privacy/default.htm).
