TERMS AND CONDITIONS:
TODAY SHOW – HAMISH AND ANDY’S GAP YEAR COMPETITION (“THE COMPETITION”
CONDITIONS OF ENTRY (“THE RULES”)
1. Information on how to enter and prizes form part of these Conditions of Entry. Entries not completed in accordance with the Conditions of Entry or received after close of entry will not be considered. Incomplete or inaudible entries will be disregarded. The judge‟s decision in relation to any aspect of the promotion is final and binding on every person who enters. No correspondence will be entered into.
2. The promotion is open to all residents of Australia who are 18 years and over, have a current valid passport and are available to travel from Sydney to New York on 16 September 2011 in the event that they are the winner. Employees of the Promoter, 5th Finger Pty Ltd and all companies and agencies associated with this promotion, and their immediate families, are ineligible to enter. Immediate family means 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.
3. The promotion commences on Monday, 22 August 2011 at 05:30 AEST and concludes on Friday 26 August 2011 at 16:00 AEST. The draw will take place at 5th Finger Pty Ltd, Australia Square, Lvl 7, 264 George Street, Sydney, NSW 2000 on Friday, 26 August 2011 at 16:30 AEST. The winner will be notified by telephone and in writing and the winner‟s name will be published in the public notices section of The Australian on Thursday, 1 September 2011.
4. There are two ways for eligible entrants to enter the promotion:
Telephone: Call 1902 555 800 and register their full name, address and a daytime phone number. Maximum cost of 190 call is 55c. Calls from payphones and mobile phones may attract a higher rate. 190 service provider is 5th Finger Pty Limited.
OR
SMS: SMS their full name and address to 199 55 800. Premium SMS cost is 55c. Entrants must have premium service access. SMS entries via the Internet are ineligible. Entries are deemed to be received at the time of receipt into the promotion database and NOT at the time of transmission by the entrant. SMS service provider is 5th Finger Pty Limited. Helpline: 1300 464 866
5. The SMS entry mechanic is only open to consumers with a SMS compatible mobile phone connected to a service provider which permits text messaging to the promotional SMS number. It is recommended that entrants check with their individual service provider in this regard.
6. Multiple entries are permitted, subject to the following: (a) only one entry permitted per SMS message or 190 call; and (b) each entry must be submitted separately and in accordance with the entry requirements.
7. The Promoter accepts no responsibility for late, lost, misdirected, incomplete, indecipherable or inaudible entries.
8. The winner of the promotion will be determined by the first (1) valid entry randomly drawn by the Promoter. The prize is as follows:
Two (2) return economy airfares from Sydney, NSW, to New York, USA, and return economy domestic connecting flights from the winner‟s nearest capital city to Sydney (if required), valued at up to $10,000.00. If the winner is from NSW, no domestic flights form part of the prize;
Seven (7) night‟s accommodation (twin share), at a minimum of four (4) star rated property – valued at up to $6,000.00;
Return airport transfers in New York, valued at up to $600.00;
Private tour of New York City for two (2) people in a 1975 Chauffeured Chevrolet Caprice Classic Convertible, valued at up at $400.00;
New York Helicopter Flight for two (2), valued at up to $750
o Tour is a comprehensive 25-minute helicopter tour of New York City.
o Helicopter seating is based on a 4- or 6-passenger helicopter, whichever is available at the time of the tour.
o The helicopter flight portion of the prize is subject to weather and weight restrictions. Due to comfort and weight / balance of the aircraft, passengers weighing over 250lb (pounds) or 113 Kg (kilograms) will be required to purchase an additional seat, payable directly to the tour operator on the day of the tour.
o It is the winner‟s responsibility to make their way to Heliport (Downtown Heliport, Pier 6 and East River) to take this element of the prize.
Day trip to Niagara Falls for two (2), valued at up to $1,500.00, comprising:
o Return economy airfares from New York City to upstate New York for two (2) people;
o Guided tour of Niagara Falls from both American and Canadian sides;
o "Maid of the Mist" boat ride; The boat ride portion of the prize is subject to weather conditions;
o Buffet lunch;
o Hotel/port pickup and drop off.
o Due to Transportation Security Administration (TSA) policies, each passenger's date of birth, passport name, number, expiry and country is required at the time of booking.
o Passengers MUST have the required documentation to enter Canada.
o A current valid passport is required on the day of travel.
Two (2) general admission tickets to a Baseball game in New York City (to be determined by the Promoter in its absolute discretion), valued up to $500.00;
Two (2) Two Day „New York Passes‟, valued at up to $250. Refer to
www.newyorkpass.com for full terms and conditions; For full terms and conditions please go to
www.newyorkpass.com AUD$5,000 spending money awarded in the form of a cheque made in favour of the winner; and
Two (2) audience tickets to see the taping of “Hamish & Andy‟s Gap Year” on Monday, September 19, 2011 (time and location of filming will be advised upon winner notification)
Total value of this prize is valued at up to $25,000.00 including GST, depending on point of departure. All travel related sales taxes are included.
9. The prize must be redeemed on the dates specified by the Promoter, departing Sydney on 16 September 2011, to coincide with the filming of Hamish & Andy Gap Year. Redemption of prize is subject to booking and availability at time of booking. Prize is a single event holiday and cannot be separated into different holiday vacations. If for any reason the winner does not take the prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
10. The winner and (their companion) must be 18 years and over to redeem the taping of Hamish & Andy Gap Year component of the prize. If the companion is under the age of 18 years, the winner will forfeit the second ticket component of the prize.
11. Transport to and from Departure point including but not limited to additional Domestic airfares if required, any additional meals, any extra sightseeing or activities, any additional accommodation, personal spending money, and all other ancillary costs, as well as obtaining any of these, are the
responsibility of the winner and their travel companions. Prize also excludes medical expenses, items of a personal nature, beverages, optional tours not outlined, laundry, telephone calls, additional nights, room upgrades or other ancillary costs associated with redeeming the prize other than those specified. These costs and expenses are the responsibility of the winner. Any extension to the duration of the prize is at the winner‟s sole expense and subject to availability at the time of booking. For the removal of doubt, taxes for domestic travel are included in the prize winning domestic airfares provided by the Promoter.
12. A valid passport is required for all international journeys. All passports must be valid for at least six (6) months after the expected return date. The winner and their companion are responsible for obtaining all required documentation, including but not limited to passports and visas, to enter the United States of America and Canada. If the winner and/or companions is a U.S. citizen, he/she will require additional documentation to enter Canada. A Canadian visa may be required for Non-U.S. citizens; check your home country requirements for entering Canada. The United States government will charge a US$14 as payment for the mandatory Electronic System for Travel Authorization (ESTA) for all individuals proposing to travel to the United States under the Visa Waiver Program. The fee is payable by credit card and, it is very important to make payments through the official website. ESTA‟s official website is
https://esta.cbp.dhs.gov/esta/.
13. The flights for the winner and companion must be taken at the same time, on the same travel dates, to the same destination.
14. The winner may extend their stay on the trip at the winner‟s expense, subject to availability.
15. The winner (and their companion) are responsible for all other expenses not explicitly specified in the prize description, including travel to and from the departure point, additional spending money, meals (unless specified), drinks, transfers (unless specified), laundry charges, additional accommodation, room upgrades, in-room charges, sightseeing and other activities (unless specified), incidentals, energy surcharges, gratuities, services charges, passports, visas, ESTA and other travel documentation, travel insurance, medical expenses, items of a personal nature, telephone calls and all other ancillary costs. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.
16. Each traveller must book and confirm travel dates and sign a Deed of Release by 5 September 2011, subject to clause 36.
17. All elements of the prize are subject to availability. The components of the Prize may alter for reasons beyond the Promoter‟s control. The prize, or any unused portion of the prize, is not exchangeable or cannot be redeemed as cash. The prize cannot be used in conjunction with any other special offer. No components of the Prize can be exchanged for other travel, alternate accommodation or other destinations
18. Winner will be provided with a detailed itinerary and official travel documents for elements of the prize booked on behalf of the Promoter including all necessary vouchers for travel and activities in a convenient document envelope supplied by the prize supplier, 33 Degrees Worldwide Pty Ltd (“33 Degrees”).
19. Prize values are quoted in Australian dollars and are based on exchange rates in effect on the day of costing and are subject to change. The Promoter accepts no responsibility for any variation in the prize value. All prize items are valued inclusive of GST and the Promoter takes no responsibility for any variations in item values. Any taxes (other than GST, where applicable, and other taxes includes in the prize) which may be payable as a consequence of a winner receiving the prize are the sole responsibility of the winner.
20. Once booking is confirmed, no changes to travel arrangements may be made
21. Travel suppliers/ airlines to be chosen at the absolute discretion of the Promoter and its prize supplier, 33 Degrees.
22. It is a condition of accepting the prize that the winner and travelling companion must comply with all the conditions of use of each element of the prize and each prize supplier‟s requirements.
23. It is a condition of accepting the prize that the winner may be requested to present their credit card upon arrival at any hotel to cover all incidentals they may incur including their stay at that hotel.
24. The prize must be taken as offered. Prize winner is advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize. In the event that a portion of the prize is awarded to the winner in the form of a voucher/ticket/pass/letter, redemption of that portion of the prize will be subject to the terms and conditions stipulated on the voucher/ticket/pass/letter. The Promoter will not be liable for any voucher/ticket/pass/letter that has been lost, stolen, forged, damaged or tampered with in any way. Redemption of prize at a venue is subject to the standard rules and regulations of that venue/s.
25. The Promoter takes no responsibility for prizes damaged, delayed or lost in transit.
26. The winner and companion acknowledge that certain elements of the prize, including the New York helicopter flight and Niagara Falls "Maid of the Mist" boat ride, are dangerous and participate at their own risk. The winner and companion must: (a) attend, undergo and pass any appropriate training, briefings, required medical tests and other requirements of the Promoter and activity organisers as determined by them in their absolute discretion; (b) not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in the activity; (c) not be under the influence of drugs or alcohol; (d) comply with all directions of the Promoter and activity organisers at all times; and (e) wear all safety and other equipment required. The Promoter and activity organisers, in their absolute discretion, at all times reserve the right to: (a) prevent any winner or his/her companion from participating in the activity if, at any time, they reasonably believe that the winner or his/her companion poses a safety risk or for any other reason; and/or (b) cancel the activity if the conditions are deemed dangerous, including without limitation due to inclement weather. If an activity is varied or cancelled for any reason beyond the control of the Promoter, it may not be rescheduled and no compensation will be offered.
27. As a condition of accepting the prize, the winner and their companion must sign any 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.
28. By entering the promotion via SMS, an entrant consents to the Promoter using their personal details for the purposes of sending one (1) mobile terminated (MT) reply message which includes a confirmation of your entry in the promotion and to be used to contact the entrant if required for any reason in relation to their competition entry.
29. In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including but not limited to natural disaster)the Promoter reserves the right to cancel, terminate, modify or suspend the promotion.
30. If a medical circumstance in some way restricts your ability to enter the competition through the required mechanic, you are still eligible to enter however you must briefly state your circumstances upon entry.
31. Prize winner will be notified within 2 days of the end of the prize draw by telephone, and will also be notified in writing.
32. In the event that the prize, or part of the prize, is unavailable, the Promoter reserves the right to substitute the prize or part of the prize in its discretion with an alternative prize or part of the prize to the same and equal recommended retail value and/or specification subject to any written directions from the various Lottery Departments.
33. Entrants must ensure that all care is taken when dialling or sending messages to the promotional number. It is the complete responsibility of the entrant to ensure that they dial or SMS the correct number. In the event that an error occurs the Promoter accepts no responsibility for costs incurred, responses received or all other consequences. This is the responsibility of the participant.
34. The Promoter accepts no responsibility for any SMS messages not received by the Promoter or delays in the delivery of any SMS message due to technical disruptions or for any other reason. An entry will only be counted as being received when it has been received by the Promoter‟s software system, not when it was sent from the handset.
35. The Promoter reserves the right to verify, at any time during or after the closing of the promotion, the validity of all entries (including but not limited to an entrant‟s name, medical condition (if relevant to their entry), age, etc.) and to disqualify any entrant who is (without limitation) deemed to have an invalid entry, who tampers with the entry process (including, without limitation, techniques designed to avoid payment of call costs) or has in any way hindered the fair and proper administration of this promotion (not including instances where each individual entry is deemed to be a legitimate entry for the purposes of this promotion). The use of any automated entry software or any other mechanical or electronic means that permits the participant to automatically enter repeatedly are not valid and will not be accepted. In the event the Promoter deems an entry to be invalid and could in some way be connected to other entries by the same entrant (or is unidentifiable as to whether that particular entry is in fact a valid entry), the Promoter reserves the right (with reference to all relevant state and territory regulations) to request to see proof of validity of all of that entrant‟s entries and then, if unsatisfied with the validity of all of those entries, deem some or all of that entrants entries invalid. Determination of this will be made by the Promoter in its complete discretion (with reference to relevant state and territory regulations). If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant. 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.
36. As this is an event based promotion, the Promoter may conduct such further draws at the same time and place as the original draw as are necessary at 10:00 AEST on Monday, 5 September 2011 order to distribute the prize, if it remains unclaimed by that date, subject however to all reference to any relevant state and territory regulations. The first valid entry drawn and successfully contacted by phone and in writing will win the prize. If the unclaimed prize draw winner cannot be reached within [24 hours], the Promoter will contact the next drawn winner until a prize winner is determined. In the event of a winner in the unclaimed prize draw, the winner will be notified in writing and their name will be published in The Australian on Wednesday 7 September 2011. The winner must confirm and book all travel by Friday 9 September 2011.
37. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the phone user 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.
38. If for any reason this competition is not capable of running as planned (including but not limited to due to technical failures, unauthorised intervention, fraud, war, terrorism, state of emergency or disaster), or any other causes beyond the control of the Promoter which corrupts or affect the administration, security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right
sole discretion to disqualify any individual who tampers with the entry process, and, subject to any written directions given by the various Lottery Departments, to cancel, terminate, modify or suspend the competition.
39. All entries become the property of the Promoter. The collection, use and disclosure of personal information in connection with this promotion are governed by the Promoter‟s Privacy Notice (available from Channel 9) and these Conditions of Entry. The Promoter may use information it collects in relation to you to provide you with information regarding further offers, promotions or goods and services provided by the Promoter and/or the Promoter‟s partners and sponsors, including sending electronic messages or telephoning the entrant for an indefinite period, unless otherwise advised. The Promoter may also disclose information about you to its service providers to enable the Promoter to provide you with services. Your personal information may be disclosed to State and Territory lottery departments and winners‟ names published as required under the relevant lottery legislation. You consent to the Promoter‟s use and disclosure of information about you as contemplated by this condition. To remove your information from the Promoter‟s records, please send an email to
competitions@nine.com.au with your name, mobile phone number and your request to cancel the service. If you wish to update or modify your details, please email
competitions@nine.com.au with your name, mobile phone number and your request to update or modify your details.
40. Nothing in these Terms and Conditions limits, excludes or modifies 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 States 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.
41. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter, 33 Degrees and prize suppliers (including their respective officers, employees and agents) are not responsible for and exclude 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; (e) if any part of the prize is cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of or participation in the prize.
42. The Promoter is Nine Network Australia Pty Limited, ABN 88 008 685 407 of 24 Artarmon Rd, Willoughby, NSW 2068. You can contact the Promoter in relation to the promotion by mail to this address or by telephone to (02) 9906 9999.
43. Authorised under permit number: NSW: LTPS/11/07101 ACT: TP11/03132 SA: T11/1606 VIC: 11/1611
Australian Competitions Club
