Bigscreen Cinemas Hervey Bay Ticket Competition
Terms and Conditions - Bigscreen Cinemas Hervey Bay Ticket Competition (Ďpromotioní)
The Promoter is the Maryborough Hervey Bay Newspaper Co. Pty Ltd (Ďthe promoterí) of 131 Bazaar Street, Maryborough, Queensland 4650. ABN 24 009 656 768; Telephone: 07 4120 0410.
Information on how to enter and prizes forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions.
If there is any inconsistency between these Terms and Conditions and anything else that refers to this competition, these Terms and Conditions will prevail.
By entering the competition, entrants give their consent for their information to be used for the purposes of determining the winners of the competition. If an entrant does not wish for the Promoter to use their information in this way, they cannot enter the competition.
Who can enter
Entry is open to residents of Queensland residing in the Hervey Bay region and the Hervey Bay Observer newspaper distribution area; except employees and immediate families of the Promoter and their associated companies and agencies.
Immediate family includes the following: spouse, ex-spouse, defacto 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.\
Entrants must be 18 years of age and older at the time of entry to be eligible to enter.
The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity or proof of registration ownership to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. If a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
When to enter
The competition commences on Thursday November 23, 2017 and closes at 12:00pm AEST Tuesday November 28, 2017. Entries must be received by the Promoter prior to the competition close date and time.
The time of entry will in each case be the time the entry is received by the Promoter and not the time entrant submits the entry.
The Promoter accepts no responsibility for any late, lost or misdirected entries including SMS messages not received by the Promoter or delays in the delivery entry due to technical disruptions, network congestion or for any other reason.
How to enter
The details of how to enter the competition are set out in the Hervey Bay Observer, cover date Thursday November 23, 2017.
Entrants may enter the competition by collecting and completing in full, the original entry form; then place the entry form in an envelope; then address to: Bigscreen Cinemas Hervey Bay Ticket Competition; then:
Send to: PO Box 217, Pialba Qld 4655; or
Deliver to: 2a/7 Central Avenue, Pialba Qld 4655.
Participants will be required to send their personal details including, but not limited to, full name, address, post code and telephone number. Each entry form must be sent in a separate, stamped, standard sized envelope. Envelopes with multiple entry forms will be treated as a single entry. Only original entry forms will be accepted, no photocopies, faxed, scanned or digital print forms are allowed.
Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these terms and conditions. For the purposes of these content requirements, ďentry contentĒ includes any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion. Entries must be the entrantís original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrantís original work. If an entry cannot be verified to the Promoterís satisfaction, the entry will be deemed invalid. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrantís entry.
An entrantís entry must not include:
any image or voice of any other person without that personís express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
any content that contravenes any law, infringes the rights of any person or is potentially insulting, inflammatory, defamatory, obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these terms and conditions.
The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winnerís entry is of a type described in this clause.
Any entry that is made on behalf of an entrant by a third party will be invalid, unless the entrant requires the assistance of a third party to enter due to a disability.
The Promoter reserves the right to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these terms and conditions or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. This includes, but not limited, to entrants and households using multiple email addresses, postal addresses, PO Box addresses or SIM cards to register single or multiple purchases.
Number of Entries permitted
Entrants may enter as many times as they like; however, there is only one prize awarded per person.
Draw and Notification of winner
The winners will be the first three valid entries submitted in accordance with these terms and conditions that is drawn by the Hervey Bay Observer, 2a/7 Central Avenue Pialba Qld 4655 via random draw at 12:05pm AEST Tuesday November 28, 2017.
If any draw is scheduled on a public holiday, the draw will be conducted on the following business day.
The Promoterís decision is final and the Promoter will not enter in to correspondence regarding the competition result or any other decisions the Promoter makes about the Promotion.
The winners will be notified by telephone within two days of the draw. The winnerís details will be published in the Hervey Bay Observer on Thursday November 30, 2017.
Prizes will be awarded to the person named in the entry. However, in a dispute, will be awarded to the account holder of the entry mechanism used to submit their entry (i.e. mobile phone account holder or land line account holder).
Should an entrantís contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter (see Clause 1).
Subject to State Regulation, an unclaimed prize draw will take place at the Hervey Bay Observer, 2a/7 Central Avenue, Pialba Qld 4655 on Friday December 15, 2017 at 9:00am AEST. The winner/s of the unclaimed prize draw will be notified by telephone immediately after the draw. Winnerís details will be published in the Hervey Bay Observer within 14 days of the draw.\
Prize on offer
Individual prize value is up to $30.00 each (including GST). Total prize pool value is up to $90.00 (including GST) as at commencement of the competition. The winners will each receive:
1 of 3 in-season double passes to Only the Brave (M) at Bigscreen Cinema playing for a limited season;
Passes are to 2D movies only;
The winners must collect their prize from Fraser Coast Chronicle, 2a/Central Avenue, Pialba Qld by 4:30pm AEST Thursday December 14, 2017 or prizes will be entered in an uncollected prize redraw (see clause 26).
Unless otherwise expressly stated, prize values are based upon the recommended retail prices at the time of first publication of these Terms and Conditions (inclusive of GST). The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.
Independent financial advice should be sought as tax implications may arise because of accepting the prize.
Prizes cannot be transferred, exchanged or redeemed for cash.
It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplierís requirements. It is the responsibility of the winner to confirm such conditions with the prize supplier or other relevant third parties.
It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion. If an entrant under 18 years of age wins a prize, then their parent or guardian must sign the legal release referred to in this clause on the minorís behalf.
All entrants agree that if they win the prize, they will not, and their companions will not, sell or otherwise provide their story and/or photographs to any media or another organisation, including the internet. Photographs will be allowed only at the discretion of the Promoter.
Prize must be taken by the expiry date shown on the double pass prize. In the event a winner does not take the prize by the time stipulated, then the entire prize will be forfeited by the winner and cash will not be awarded in lieu of the prize.
Event tickets are only valid for the date or period specified on the tickets or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any ticket that has been lost, stolen, forged, damaged or tampered with in any way.
Further Terms and Conditions
Subject to complying with all relevant State and Territory legislation, the Promoter reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of the competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
If for any reason this competition 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 causes beyond the control of the Promoter, the Promoter reserves the right in its sole discretion to take any action that may be available, and (without limitation) to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.
Entrants are responsible for any cost associated with accessing the promotional website. Access to that site is dependent on the Internet service provider.
All entries must be sent by post or delivered to the address set out in these terms and conditions. Entries that contain any objects not specified in these term and conditions will be deemed invalid and will not be accepted. The Promoter and its agents take no responsibility whatsoever for such entries that do not comply with these terms and conditions.
Any entrant found to be using any form of software or third-party application to enter multiple times (including scripting software) will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
An entrant may not use a third party (including online competition entry site) to enter on their behalf, except where the entrant needs to use those services of that third party to enter due to a disability. If the preceding sentence has been breached, the entrant will have all entries invalidated, any claim to any prize will be invalidated and where such an entrant has already been awarded a prize before being found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State and Territory legislation. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplierís requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
The Promoter will make reasonable efforts to deliver prizes to the addresses provided by competition entrants (where specified). If a prize is returned to the Promoter because it could not be delivered to the address provided, the Promoter cannot guarantee that it will be able to resend the prize to the prize winner. The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.
The Promoter reserves the right to redraw the prize if an entrant who claims to be a prize winner is unable to satisfy these terms and conditions.
Copyright, Statutory guarantees, Waiver and liability
In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winnerís submission, image and/or voice, as recorded, photographed or filmed during the winnerís participation in the prize to appear in connection with the Promoter or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.
The Promoter acknowledges that the entrant may own intellectual property rights (including copyright) in any material created or otherwise submitted to the Promoter in connection with the entrantís entry or participation in any aspect of the promotion (Works). The entrant does not transfer their intellectual property rights to the Promoter by submitting an entry. The entrant hereby grants the Promoter a non-exclusive, irrevocable, perpetual, worldwide licence to use the Works (including modifying, adapting or publishing the Works, whether in original or modified form, in whole or in part or not at all, to use, modify, delete from, add to, publicly display and reproduce, the photo(s), including without limitation, in any online media formats and through any social media channels, pages or accounts) for the sole purpose of running the promotion, promoting and celebrating the promotion and future promotions and agrees that the Promoter may assign and/or sublicense the Works to third parties for this same purpose. Should the Promoter wish to use an entrantís Works for any other purposes, it will contact the entrant to discuss licensing opportunities.
The entrant acknowledges and agrees that neither the entrant nor any third party shall be entitled to any fee, royalty or other consideration in respect of such licence. If the entrant holds, now, or at any time in the future, any so called ďdroit moralĒ or moral rights in connection with the Works, the entrant unconditionally and irrevocably consents, for the benefit of the Promoter and all of its assignees, licensees and sub licensees to minor alterations to the Works which may be required for print or display purposes such as resizing and minor colour correction notwithstanding that such conduct may amount to derogatory treatment of the Works for the purposes of the Copyright Act 1968 (Cth) (Copyright Act). All Entrants consent to attribution by either full name or social media handle in satisfaction of their right to attribution under the Copyright Act.
In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoterís ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation.
The Promoter does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australian Consumer Law) which cannot be excluded, restricted or modified. However, the remainder of this clause will apply to the fullest extent permitted by law and 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 prize/s except for any liability which cannot be excluded by law.
The Promoter is not responsible for any incorrect or inaccurate information, either caused by entrant or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoterís legal rights to recover damages or other compensation from such an offender are reserved.
All entries become the property of the Promoter (with the exception of any intellectual property rights comprised therein). The Promoter collects personal information about you for the purposes of conducting this promotion. Any disclosure of such information will be made as required by law and in accordance with these terms and conditions but no further use of this information will be made without prior consent.
All entries become and remain the property of the Promoter and its related parties, subject to the limits contained in the Privacy Statement and as set out in these terms and conditions.
We collect and use that information to provide you with our goods and services and to promote and improve our goods and services. We may also share your information with our related companies and any of us may be in contact for those purposes (including email and SMS).
Where you have entered a competition, we may disclose your personal information to authorities if you are a prize winner or otherwise required by law.
Further information on how we handle personal information, how you can complain about a breach of the Australian Privacy Principles, how we deal with a complaint of that nature, how you can access or seek correction of your personal information and our contact details can be located at www.apnarm.com.au/privacy