http://www.tvwinners.com.au/Competitions/Competition.aspx?pageId=526
“If you and your soulmate were in New York, where would be the first place you'd take them and why?”TERMS & CONDITIONSPARTICIPATION
1. This competition (the “PROMOTION”) is conducted by Multi Channel Network Pty Ltd ABN: 72 077 436 974, Level 4, 19 Harris Street, Pyrmont NSW, 2009. Phone: 02 9209 6300 (the “PROMOTER”).
2. The Promotion is a game of skill, and chance plays no part in determining the winners.
3. 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 the prize if they are a winner.
4. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.
5. The Promotion is only open to eligible entrants (the “ENTRANTS”), being individuals who are:
a) permanent residents of Australia; and
b) over the age of 18;
and must not be:
c) employees of the Promoter or Universal Pictures International (the “SUPPLIER”) or an employee of the Promoter’s or Supplier’s related body corporate as defined under the Corporations Act 2001 (Cth) or agencies or any other company associated with the Promoter and/or the Promotion; or
d) a spouse, de facto spouse, parent, child or sibling (whether natural or by adoption) of such an employee.
6. Entry to the Promotion commences at 00:01hrs on Sunday 6 February 2011 and closes at 23:59hrs on Saturday 5 March 2011 (the “ENTRY PERIOD”). 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.
ENTRY
7. To enter the Promotion, during the Entry Period an Entrant must:
a) log on to
www.tvwinners.com.au (the “WEBSITE”);
b) fill in all the required data fields on the entry form; and
c) answer the following question in 25 words or less “If you and your soulmate were in New York, where would be the first place you'd take them and why?” (the "ENTRY QUESTION”).
8. The 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.
9. Entry via the Website is restricted to one (1) entry per person per day. 10. 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.
11. Entrants must make their Website entries manually using an internet browser. The Promoter may reject entries if it reasonably forms the opinion that an entry has been made using automated entry means or by use of a computer entry service.
12. Entrants must ensure that their entries are received by the Promoter during the Entry Period. All entries are deemed to be received at the time of receipt by the Promoter, not time of transmission by the Entrant. The Promoter takes no responsibility for late, lost or misdirected entries or for any delays or failures in any telecommunications service or equipment. The Promoter accepts no responsibility for any entries not received by the Promoter or for any delays in the delivery of any entries due to technical disruptions, network congestion or for any other reason.
13. Should an Entrant’s contact details change at any time between the date that they enter the Promotion and Thursday 21 April 2011, the Entrant must notify the Promoter of their new details immediately.
14. 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) hand over to the Promoter any receipt (if applicable) issued at the point of entering; and
b) allow the Promoter to inspect and copy any other documents, the Promoter may request establishing eligibility to enter or win, including evidence of age, residence or identity.
15. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof that winner will forfeit the prize in whole and no substitute will be offered.
16. Any entry that is made on behalf of an Entrant by a third party or otherwise by proxy will be invalid.
17. 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 enter the Promotion to the Promoter’s satisfaction; or
b) fails to produce items as required by condition 14 or produces items that are 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
18. There will be one (1) major prize winner (the “MAJOR PRIZE WINNER”) over the entire Entry Period.
19. There will be twenty (20) runner up prize winners (the “RUNNER UP PRIZE WINNERS”) over the entire Entry Period.
20. The Major Prize Winner will be the Entrant who, in the sole opinion of the judges, has most creatively answered the Entry Question. The Runner Up Prize Winners will be the Entrants who, in the sole opinion of the judges (after determination of the Major Prize Winner), have most creatively answered the Entry Question. The Major Prize Winner and the Runner Up Prize Winners (together the “WINNER”) will be determined by the Promoter on Wednesday 9 March 2011 (the “PRIZE DETERMINATION DATE”) at 10:00hrs by the Promoter at Level 4, 19 Harris St, Pyrmont, NSW, 2009. The Winner’s name will be posted on the Website on Friday 11 March 2011.
21. The Promoter’s decisions are final and no correspondence will be entered into.
22. Subject, where relevant, to any directions given under the legislation regulating the Promotion, if any Prize is: (i) not claimed by a Winner within one (1) month of the Prize Determination Date; or (ii) forfeited for any reason, the prize will be awarded to another Entrant in an unclaimed prize determination (the “Unclaimed Prize DETERMINATION”) commencing at 10:00hrs on Thursday 21 April 2011 by the Promoter at Level 4, 19 Harris St, Pyrmont, NSW, 2009. The winner of the Unclaimed Prize Draw (also “WINNER”) will be notified in writing and by telephone within two (2) business days of the Unclaimed Prize Determination. The Winner’s name will be posted on the Website on Friday 22 April 2011.
MAJOR PRIZE
23. The Major Prize Winner will win a trip for two (2) to New York City (the “MAJOR PRIZE”). The Major Prize includes:
• Two (2) x adult return economy airfares from the Winner’s nearest capital city in Australia (Brisbane, Sydney, Melbourne, Adelaide, Perth, Darwin, Canberra or Hobart) to New York City, valued at a maximum of $4,000.00;
• Chauffeur driven limo transfers (from NY airport/hotel/return to airport), valued at a maximum of $200.00;
• Four (4) nights hotel accommodation at The Hudson Hotel, one (1) standard queen room including breakfast for two (2) people, valued at a maximum of $1,100.00;
• Travel Insurance for two (2) people, valued at a maximum of $316.00;
• Dinner for two (2) people at Perry Street Restaurant, valued at a maximum of $100.00;
• Spending money, valued at a maximum of $200.00;
• A double pass to see the new romantic thriller The Adjustment Bureau (within Australia at participating cinemas), valued at a maximum of $35.00.
THE TOTAL MAJOR PRIZE POOL IS VALUED AT A MAXIMUM OF $5,951.00
24. The Major Prize is based on two (2) people sharing a room.
25. The Major Prize must be booked within 12 months and is not valid over blackout dates including 5 December 2011 to 2 January 2012; 16 April 2012 to 2 May 2012; 15 June 2012 to 1 September 2012.26. The Major Prize Winner’s travel arrangements must be made a minimum of 60 days prior to Major Prize Winner’s travel and are subject to availability.
27. The Major Prize Winner is required to obtain the relevant and suitable travel insurance (other than that included) at their own expense in order to be able to take the Major Prize. It is the traveller’s personal responsibility to ensure that they have valid documentation, including but not limited to valid passports, visas and health requirements, which meet the requirements of immigration and other government authorities at every destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the traveller/s.
28. The Major Prize Winner and any travel companions must depart from and return to the same point of departure and travel together for the duration of the trip.
29. At least one of the travellers must be over 18 years of age, however the legal age for drinking alcohol in the USA is 21 years.
30. A valid credit card imprint or cash deposit may be required by the Major Prize Winner and/or their travel companions at check-in to the hotels for all incidental charges.
31. The Major Prize does not include: expenses including meals other than breakfast, transfer costs other than those stated, ancillary costs and spending monies other than that included, or any other personal expenses incurred during the trip.
32. Frequent flyer points cannot be earned on any of the flights included in the Major Prize.
33. Any changes and/or cancellations to accommodation or flight bookings may be subject to fees, payment of which will be the responsibility of the Major Prize Winner.
34. The Promoter makes no representation as to the safety conditions or any other conditions that may exist at any destination.
35. By accepting the Major Prize the Major Prize Winner agrees:
a) with these Terms and Conditions;
b) to ensure their travel companion is aware of, and complies with, these Terms and Conditions; and
c) to provide the travel companion’s written acceptance of these Terms and Conditions if requested by the Promoter.
RUNNER UP PRIZE WINNER
36. The Runner Up Prize Winners will each win a double pass to see the new romantic thriller The Adjustment Bureau (within Australia at participating cinemas), valued at a maximum of $35.00.
37. By accepting the Runner Up Prize, the Runner Up Prize Winners agree with these Terms and Conditions.
THE TOTAL RUNNER UP PRIZE POOL IS VALUED AT A MAXIMUM OF $700.00
THE TOTAL PRIZE POOL FOR THE PROMOTION IS VALUED AT A MAXIMUM OF $6,651.00PRIZES
38. The value of the Major Prize and Runner Up Prize (together the “PRIZE”) and components of the Prize values are correct as at Friday 28 January 2011. Prize values are reflective of the recommended retail price and are in Australian Dollars. All costs are subject to change without notice and exclude GST. The Promoter takes no responsibility for any variations in Prize values.
39. All elements of the Prize are subject to availability at time of booking.
40. The Winner must provide their correct address details to receive their Prize. The Winner will be notified of their Prize and expected delivery dates within 14 days of the Prize Determination Date.
41. The Prize is non-transferable to other persons and non-redeemable for cash. Any attempt to resell or auction all or any part of this Prize will result in an immediate cancellation of the Prize. The Prize cannot be exchanged. In the event that for any reason whatsoever the Winner does not take an element of the Prize at the time stipulated by the Promoter, then that element of the Prize will be forfeited by the Winner and cash will not be awarded in lieu of that element of the Prize.
42. The Winner cannot change, vary, substitute or extend any element of the Prize (in whole or in part).
43. Unless expressly stated all other costs and expenses associated with taking the Prize become the responsibility of the Winner, including, but not limited to, the following:
a) costs associated with passport applications,
b) costs associated with visa applications;
c) additional taxes;
d) any domestic flights;
e) transfers (other than those included in the Prize);
f) costs associated with inoculations;
g) meals (other than those included in the Prize);
h) all airline taxes;
i) sightseeing or activities (other than those included in the Prize);
j) any additional accommodation;
k) personal spending money; and
l) all other incidental and ancillary costs, incurred by the Winner and/or their travel companion as a direct or indirect result of taking the Prize that are not otherwise stated as included in the Prize
44. If a Prize (or part of a Prize, if applicable) 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 a Winner or any other party if any Prize (or part of a Prize, if applicable) is unavailable for any reason.
45. The Winner acknowledges that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to the acceptance of the Prize.
46. Once the Prize has left the Promoter’s/Supplier’s premises, the Promoter and its agencies and companies associated with the Promotion will not be responsible for any delay in delivery, or damage caused to the Prizes.
47. The Winner acknowledges that the Prize may be subject to additional terms and conditions imposed by third parties. The Winner must comply, and must also ensure their travel companion (if any) also complies, with any such additional terms and conditions. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, nor for the breach of those conditions by any person.
GENERAL
48. 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.
49. To the full extent permitted by the law, the Promoter and its agencies and companies associated with the Promotion (the “RELEVANT PARTIES”) will not be liable for any loss, damage, claim, cost, expense or personal injury which is 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: (i) any indirect, economic or consequential loss or loss of profits; (ii) any loss arising from the negligence of a Relevant Party; and (iii) any liability for personal injury or death.
50. 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, which 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 and/or take any action that may be available, including to cancel, terminate, modify or suspend the Promotion, subject to any direction given under the relevant state/territory permit regulations.
51. 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, software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof;
b) any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; and
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.
52. 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.
53. These Terms and Conditions constitute the entire terms and conditions between the Entrant and the Promoter with respect to the Promotion and cannot be altered, modified or amended.
54. These Terms and Conditions are subject to the applicable State or Territory trade promotion lottery laws and are governed by the laws of the State of New South Wales.
55. All entries become the property of the Promoter.
PRIVACY
56. Your privacy is important to us. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected by or on behalf of the Promoter to enable it to administer the Promotion, publicise its Winners and to send Entrants marketing information where Entrants have consented. Entrants’ personal information may be disclosed to marketing and communications agencies in order to conduct this Promotion. Personal information about Entrants may also be disclosed to the authorities responsible for the regulation of gaming and lotteries. Winners’ names will be published and retained as required by relevant legislation and as specified in these Terms and Conditions. The personal information of each Winner may be provided to others assisting in the conduct of the Promotion, including the Promotion administrator, Prize suppliers and deliverers, and to regulatory authorities. Entrants can contact the Promoter by mail at Level 4, 19 Harris St Pyrmont New South Wales 2009 or by telephone on (02) 9209 6300, to request access to, or corrections of, any of the personal information that the Promoter holds about them. Entrants can access a copy of the Promoter’s Privacy Policy at:
www.tvwinners.com.au.
Australian Competitions Club
