http://www.athousandsuns.com.au/Entries/CompetitionEntry?entryType=TShirtTerms & Conditions - "The Australian Linkin Park T-Shirt" Promotion
By entering Warner Music Pty Limited’s (“Warner”) “Australian Linkin Park T-Shirt” Promotion, you are agreeing to the following terms and conditions:
1. STANDARD TERMS
1.1 Information and Instructions on "How to Enter" form part of these conditions of entry. By entering the promotion, entrants accept and agree to be bound by these conditions of entry.
2. WHO CAN ENTER?
2.1 The only persons who may enter and be awarded the prize are those who are:
a) residents of Australia; and
b) over the age of 13; and
c) register at
http://www.athousandsuns.com.au; and
d) are not employees of the Promoter or their associated companies, agencies or families.
3. THE PROMOTION
3.1 The promotion is known as the "The Australian Linkin Park T-Shirt" Promotion.
4. HOW TO ENTER
4.1 The promotion commences on 15th October 2010 at 3 pm (AEST) and concludes on 12th November 2010 at 5.00pm (AEST) ("the Promotion Period").
4.2 To enter:
a) Step 1: Design your own Linkin Park Tour T-shirt; and
b) Step 2: Log on to the website
http://www.athousandsuns.com.au and follow the instructions to upload your T-shirt design; and
c) Step 3: Register your name and email address.
4.3 Entries must be received by 5.00pm (AEST) on 12th November 2010 to be eligible to win the prize. The time of entry will in each case be the time the registration is received by the Warner database. No responsibility is accepted for late, incomplete, lost or misdirected entries.
4.4 Linkin Park Tour T-Shirt designs must not be insulting or otherwise objectionable or infringe any law or intellectual property right (including copyright) or otherwise breach these terms and conditions.
5. HOW TO WIN
5.1 Each entry will be individually judged based on the most original and creative entry and the entrant of the most original and creative T–shirt design shall win the prize. The decision of the judges (to be nominated by the Promoter in its discretion) is final and the Promoter will not enter into any negotiations regarding the Promotion result.
5.2 The winner will be notified by email on Friday 26th November 2010. An announcement of the winner will be made available on
http://www.athousandsuns.com.au as well as
http://www.warnermusic.com.au from Monday 29th November 2010.
5.3 Subject to State government legislation, if the prize is unclaimed by 1 December 2010, the Promoter will judge and select the next most creative answer on 2 December 2010. Such winner's name will be announced on the Australian Linkin Park, A Thousand Suns Album website, located at
http://www.athousandsuns.com.au as well as on
http://www.warnermusic.com.au on 3 December 2010.
6. PRIZE
6.1 There will be one winner for the entire Promotion. The Winner will win a prize package for (2) people, being the winner and one (1) friend (or guardian if the winner is under 18), detailed below:
a) 2 x tickets to see Linkin Park perform in the winners capital city between 1st December 2010 and 31st December 2010;
b) 2 x t-shirts printed with design of the Winner;
c) the opportunity to meet and have the winning t-shirt signed by Linkin Park.
6.2 Total Maximum Prize Value: A$275. Prize values are based upon the recommended retail prices as at 15 October 2010 (inclusive of GST) and Promoter accepts no responsibility for any change in prize value between now and the ultimate travel date. Promoter reserves the right to request the winner to provide proof of identity, residency and entry into the Promotion in order to claim the prize which will be verified at the discretion of the Promoter.
6.3 The winner (and his/her travelling companion) are responsible for all other expenses including travel, spending money, meals, drinks transfers, activities, incidentals, taxes, fuel surcharges, gratuities, services charges, travel insurance and all other ancillary costs.
6.4 If the winner is under 18, the second ticket must be for a guardian whom the Winner must travel with and who must accompany the Winner to the Linkin Park concert and who will take full responsibility for the safety of the Winner during the concert and throughout the duration of travel.
6.5 Prize details are correct at 15 October 2010. Should the Linkin Park concert be cancelled or postponed due to unforeseen circumstances or reasons beyond the control of the Promoter, the Promoter may at its discretion vary or amend prizes so as to provide reasonable alternative prizes and the winners agree that no liability shall attach to the Promoter or parties connected to the Promoter as a result.
6.6 Prizes are not transferable and cannot be redeemed for cash or other goods or services and cannot be taken in parts.
6.7 If for any reason the Winner does not (or is not able to) claim an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited and cash will not be awarded in lieu of that element of the prize.
6.8 By accepting the prize the Winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize including being interviewed, photographed and/or filmed.
6.9 It is a condition of accepting the prize that the winner and his/her travelling companion must comply with all the conditions of use of the prize and prize supplier's requirements.
6.10 It is a condition of accepting the prize that the winner and his/her travelling companion may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
7. Ownership of Entries
By uploading the t-shirt design, that person agrees;
a) that the copyright in the design shall at all times be owned by the Promoter and nothing herein grants any person any rights in the aforesaid copyright in the design;
b) that the Promoter shall own the entire copyright in perpetuity throughout the world in the design created by entrants and entered into this Promotion free of any claim whatsoever by the person who creates the design or any third party. Any rights that the creator of the design may otherwise possess in the design shall be deemed transferred from the creator of such design to the Promoter and the creator agrees that he or she will sign any further documentation required to give effect to this clause;
c) to hereby waive all his or her rights (including his or her moral rights ) to the design, and not to exploit, reproduce or use his or her design in any manner whatsoever either commercially or for promotional purposes;
d) that the Promoter shall have the sole and exclusive right to manufacture, advertise, sell, license or otherwise use, exploit or dispose of the design submitted to this Promotion, as the Promoter solely decides, without any remuneration payable to the entrants of the promotion (including the winner of the Prize) or any other third party and the promoter shall not be required to make any payments in connection with the design submitted to this Promotion or their exploitation,
e) all entries and designs shall be and remain the property of the Promoter and may be used in future commercial and marketing exercises.
Each Entrant agrees that:
a) the design he or she submits will be free of claims from all and any third parties; and
b) that in the event that the Promoter elects to commercially or promotionally exploit the design, that it shall be entitled to use the entrant's name in respect of such exploitation.
8. NO LIABILITY
8.1 Warner Music Australia Pty Limited and its affiliates and associated agencies and companies will take no responsibility for prizes damaged or lost in transit, or late, lost or misdirected entries.
8.2 Warner Music Australia Pty Limited and its affiliates, associated agencies and companies will not be liable for any misadventure, accident, injury, loss (including consequential loss) that is suffered or for any personal injury suffered or sustained or for any claim that may occur:
a) during the Promotion;
b) whilst undertaking any travel won on or connected with their entry into the Promotion or while attending the Linkin Park concert or
c) in the participation in any prize;
d) as a consequence of late or lost entries or computer malfunction;
e) in relation to failure of an entry message to be received by the Promoter on account of technical problems or traffic congestion;
f) arising from or related to any problem or technical malfunction of any telephone network or lines or mobile communications network related to or resulting from participation in this promotion
g) due to circumstances outside the Promoter's reasonable control.
h) The unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any Website,
i) Unauthorised human intervention in any part of the Promotion,
j) Electronic or human error which may occur in the administration of the Promotion,
k) Any loss suffered or sustained, to person or property and including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to a prize winner and, where applicable, to any family/persons accompanying a winner,
l) Any injury or damage to persons or property, including to the participant's or any other person's computer related to, or resulting from, participation or downloading any materials in this Promotion.
This condition does not affect, and is not intended to affect, any rights a consumer might have, which cannot be excluded under applicable consumer protection laws. To the fullest extent permitted by law, any liability of the Promoter or its servant or agents for breach of any such rights is limited to the payment of the cost of having the prize supplied again.
8.3 In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter's ability to proceed with the Promotion 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 Promotion and recommence it from the start on the same conditions, subject to any written directions given under State Regulation.
8.4 Warner Music Australia Pty Limited, its affiliates and its associated agencies and companies associated with this promotion assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries, and reserves the right to take any action that may be available.
8.5 If for any reason this Promotion is not capable of running as planned, due to causes including but not limited to infection by computer viruses, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Promotion, subject to any written direction given under State Regulation.
8.6 The winner is responsible for obtaining their own independent legal advice.
9. PRIVACY
9.1 The Promoter is bound by the National Privacy Act 1988 (Cth) in relation to the handling of personal information. For further details of the Promoter's privacy policy please go to
www.warnermusic.com.au Entry details remain the property of the Promoter. and its related entities. The Promoter is collecting the entrant's personal information for the purpose of conducting and promoting this Promotion (including but not limited to determining and notifying winners), and, for the purpose of sending you promotional and direct marketing material in relation to programs and products and services available through the Promoter. The entrant may request access to his or her personal information by writing to Privacy Officer
10. HEADINGS
10.1 The headings in these Conditions are for convenience only and do not affect interpretation.
11. ENTIRE CONDITIONS
11.1 These conditions constitute the entire agreement of the parties relating to the entry into and the conduct of this Promotion.
12. PROMOTER'S DETAILS
12.1 The Promoter is Warner Music Australia Pty Limited (ABN 35 000 815 565) of 39 – 47 Albany Street, Crows Nest NSW 2065
