http://www.facebook.com/VirginMobileAusVirgin Social Marathon November 2011 Competitions Terms of Entry
The Marathon
1. The competition (comprising competitions run throughout the Marathon (each an “Hourly Competition”) and a final competition (the “Grand Prize”), in each case a “Competition” and together the “Marathon”) are open to anyone resident in Australia aged 18 years or over, except for employees of the Virgin Group or any companies or agencies directly connected with the Virgin Group and/or the creation and/or administration of the Competition or their immediate families. “Immediate families” 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 1st cousin.
2. By submitting your Entry Form, you confirm that you have read, understood and agree to be bound by these terms and conditions (the “Terms”) and the terms and conditions which are cross-referenced in these Terms.
3. Your entry and participation in the Marathon will also be subject to the Virgin.com terms and conditions of usage and privacy policy found at
http://www.virgin.com/terms/.
Participating in the Marathon
4. The call for entries into the Marathon will open on Wednesday 16 November 2011 at 11:00 (Australian Eastern Daylight Savings Time) (“AEDT”) at which time a link to a web page containing a Virgin Social Marathon entry form (the “Entry Form”) will be posted on
http://www.facebook.com/virgin,
http://www.twitter.com/virgin and
http://www.virgin.com.
There will be a total of seven (7) Hourly Competitions conducted throughout the Marathon starting at 11.00am AEDT and entries for the final Hourly Competition will close at 18.00 AEDT. Final entries to the Marathon will close on Wednesday 16 November 2011 at 19.00 AEDT.5. The Marathon is free to enter and no purchase is necessary.
6. To participate in the Marathon, each entrant must complete an Entry Form by:
• providing all of the information required on the Entry Form, including full name, country of residence, date of birth and email address at the time of entry; and
•
in no more than 25 words and in one sentence, telling Virgin.com what would be the best thing about being immortal? (the “Question”).
7. Each entrant grants an exclusive, worldwide, royalty free, irrevocable and transferable licence throughout the world, in all media (including social media platforms such as Facebook and Twitter), in perpetuity to Virgin.com, its affiliates and sub-licensees (whether or not the entry is selected as a winner) to exercise all rights of the copyright owner in the 25 words or less answer to the Question submitted into this Marathon (“Content”), including but not limited to Virgin.com reproducing, using, modifying, adapting, publishing and displaying the Content (in whole or in part) for any purpose in any media, without compensation, restriction on use, attribution or liability. Each entrant also consents to Virgin.com doing or omitting to do all things or acts that might otherwise infringe the entrants’ moral rights in the Content within the meaning of the Copyright Act 1968 (Cth).
8. Each entrant warrants that:
(a) the Content was developed solely by the entrant specifically for this Marathon;
(b) the Content is original not copied wholly or in part from any other materials or other sources anywhere in the world (including any musical works, recordings, songs, performances, written works or any materials from the Internet, radio, television or any publication);
© the Content has not been, and will not be prior to submission into this Marathon, available to be viewed by the public by any means, including on the Internet;
(d) the rights (including copyright) in the Content have not been, and will not be prior to this Marathon, assigned or licensed to any person other than Virgin.com;
(e) the entrant is entitled to grant to Virgin.com permission to use or exploit the Content as contemplated by these terms and conditions and that such use will not violate the rights (including copyright and privacy) of any third person;
(f) the Content does not contain any virus, corrupt file or other malicious code, nor any adware, spyware, Trojan horse or similar damaging or wrongful material; and
(g) Virgin.com will not be liable for any claims made against it in relation to infringement of copyright, moral rights, or any other intellectual property rights, and the entrant releases Virgin.com from such liability.
9. All details may be subject to verification but the entrant is solely responsible for the accuracy and completeness of all information supplied on the Entry Form. Virgin.com will not be responsible for any loss or damage that occurs as a result of any information on the Entry Form being incorrect (including the loss of any Prize).
10. Any Entry Forms received without all of the information requested will not be eligible for entry into any of the Competitions. All entries must be submitted using an Entry Form received by Virgin.com before 19.00 AEDT on Wednesday 16 November 2011. No Entry Forms received after this time will be eligible for entry into any of the Competitions.
11. Entries will not be acknowledged upon submission.
12. Each properly completed Entry Form will be entered into each Competition commencing after the time at which that Entry Form is verified as eligible by Virgin.com.
13. For each Competition, from all eligible Entry Forms one (1) winner will be selected:
i. each hour of the Hourly Competitions i.e. from 11.00am-12.00pm, 12.00pm-13.00, 13.00-14.00, 14.00-15.00, 15.00-16.00, 16.00-17.00 and 17.00-18.00 AEDT on 16 November 2011) (each an “Hourly Competition Winner”); and
ii. immediately after the close of the Marathon (the “Grand Prize Winner”).
Each Hourly Competition Winner and the Grand Prize Winner will be a “Prize Winner” for the purposes of these Terms.
14. Each Hourly Competition will be won by the Prize Winner judged to have submitted the most creative answer to the Question of all Entry Forms entered into the Marathon during the Hourly Competition.
15. The Grand Prize will be won by the Grand Prize Winner judged to have submitted the most creative answer to the Question of all Hourly Competition Winners and additional eligible Entry Forms received by Virgin.com between 18.00 AEDT and 19.00 AEDT on 16 November 2011. The Marathon is a game of skill and chance plays no part in the selection of Prize Winners.
16. Final responsibility for determining the operation and results of the Marathon and each Competition, including eligibility, Prizes and the ultimate Prize Winners, rests solely with Virgin.com, whose decision shall be final and binding. No correspondence will be entered into concerning any of these matters.
17. Only one Entry Form will be accepted per person. Any person found to be submitting unsolicited bulk messages (i.e. spam) will be disqualified from the Marathon.
18. Virgin.com takes no responsibility for any Entry Forms that are lost, delayed, corrupted, damaged, incomplete or otherwise invalid. Virgin.com will not be responsible for any technical fault or failure which prevents a person from entering the Marathon.
19. If for any reason any aspect of the Marathon is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of Virgin.com, Virgin.com may in its sole discretion cancel, terminate, modify or suspend the Marathon, or invalidate any affected entries.
20. Entry Forms may be rejected at the sole discretion of Virgin.com for reasons including but not limited to obscenity, defamation or other offensive content or invasion of privacy.
21. The Marathon is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter. You understand that you are providing your information to Virgin.com and not to Facebook or Twitter. You completely release Facebook and Twitter from any and all liability.
22. All entries must comply with the Facebook Terms of Use, the Facebook Code of Conduct and any other applicable terms or policies in operation from time to time.
23. Virgin.com is not liable for any tax implications arising from prize winnings. Independent financial advice should be sought. Where any Competition involves, for GST purposes, supplies being made for non-monetary consideration, entrants will follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
The Prizes
24. The prizes to be won in each Hourly Competition and the Grand Prize are set out below (see ‘The Hourly Competitions: Specific Terms’ and ‘The Grand Prize: Specific Terms’ below). Each Hourly Prize and the Grand Prize will be “Prizes” for the purposes of these Terms.
25. The Prize Winners shall be notified via one of these methods at the discretion of Virgin.com: email,
http://www.facebook.com/virgin,
http://www.twitter.com/virgin and/or
http://www.virgin.com on the day of the Marathon.
26. Virgin.com may require additional information from the Prize Winner in order for the Prize Winner to enjoy their Prize (including an Australian postal address for delivery of the Prizes). If the Prize Winner does not provide this information within a reasonable time after Virgin.com’s request, Virgin.com reserves the right to withdraw the Prize without further notice. Virgin.com accepts no responsibility for any loss (including disappointment and/or the inability to enjoy a Prize) caused by the Prize Winner’s failure to provide such additional requested information.
27. If a Prize is not claimed or redeemed in accordance with these Terms or any other terms and conditions applicable to that Prize, no alternative will be issued and no compensation will be provided.
28. The Prizes are non-transferable or exchangeable and cannot be sold, bartered or substituted for cash or for any other item or benefit. The Prizes have no cash alternative.
29. The Prizes may not be used in conjunction with any other promotion offered by any Virgin Group company or any third party.
30. If any Prize (or any part of it) is unavailable, Virgin.com, in its discretion, reserves the right to substitute the Prize (or any part of the Prize) with a prize or prizes (as appropriate) to an equal or greater value and/or specification. For the avoidance of doubt, this is a right for Virgin.com and not an obligation on Virgin.com to provide a replacement.
31. In event of an infringement of these Terms or any other terms and conditions applicable to the Prize(s) by the Prize Winner (or, where relevant, their companion), the relevant Virgin company reserves the right to withdraw its Prize. The relevant Virgin Group company may cancel the award of its Prize to a Prize Winner who, at the sole discretion of the relevant Virgin Group company, is deemed to have breached any of its terms and conditions or who has otherwise engaged in unlawful or improper conduct.
32. No Virgin Group company shall be liable for any failure to comply with its obligations caused by (but not limited to) weather conditions, fire, flood, strike, hurricane, industrial dispute, war, terrorist activity, hostilities, political unrest, riots, civil commotion or any other circumstances beyond the control of that Virgin Group company.
33. Each Prize Winner accepts the Prize(s) awarded to them (or each element thereof) at their own risk. Nothing in these Terms is intended to exclude, restrict or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) or any other legislation which may not be excluded, restricted or modified by agreement. To the fullest extent permitted by law, neither Virgin.com nor any other Virgin Group company assumes any responsibility or liability whatsoever for any loss, damage or disappointment (in each case whether direct or indirect) suffered by any Competition participant or by a Prize Winner (or any companion(s)) as a result of participating in any Competition or accepting and undertaking any element of any Prize.
34. Each Prize Winner agrees to take part in all reasonable competition-related publicity (such as interviews and photography) surrounding the winning of any prize, free of charge, and they consent to Virgin.com using their name and image in promotional material as requested by Virgin.com.
Your information
35. Your personal information will be used by Virgin.com in accordance with the National Privacy Principles in the Privacy Act 1988. Your personal information (including your name, email address and date of birth) collected during the Competitions and/or for the purposes of the Prizes will only be shared with other Virgin Group companies or third parties with your consent or in order to contact you regarding the Prizes or the Competitions, which purposes may include transmitting your information outside of Australia. Your information will not be used for any purpose other than as stated in these Terms or as separately accepted by you. You can request access to the personal information Virgin.com holds about you by contacting Virgin.com at
webmaster@virgin.com36. By submitting an Entry Form, you consent to the use of your personal information in accordance with these Terms.
General
37. Prizes are valued at the Recommended Retail Price in Australia (including GST).
38. To the fullest extent permitted by law, Virgin.com reserves the right, at its sole discretion, to amend these Terms or to withdraw, amend or cancel the Marathon or any Competition at any time and without notice. You agree that no liability shall attach to Virgin.com or any other Virgin Group company as a result thereof and that, in such circumstances, no compensation will be payable.
39. The promoter is Virgin.com Limited, The School House, 50 Brook Green, London W6 7RR.
40. These Terms are subject to the laws of Australia and any dispute arising out of or in connection with this competition shall be subject to the exclusive jurisdiction of the Australian courts.
41. A copy of these Terms may be obtained by sending a stamped addressed envelope to Virgin.com Limited, The School House, 50 Brook Green, London, W6 7RR at its address set out above.
The Hourly Competitions: Specific terms
1. A total of 7 Hourly Competitions will be conducted during the Marathon.
2. The prize for each Hourly Competition (each an “Hourly Prize”) consists of three (3) double in season tickets to a cinema screening of ‘Immortals’, courtesy of Virgin Produced. Each Hourly Prize is valued at $90.00
3. ‘Immortals’ is scheduled for general release in Australia on 24 November 2011. The Hourly Prizes must be redeemed by 23 January 2012.
4. The tickets are valid at EVENT Cinemas Gold Class, Vmax, Greater Union and Birch Carroll & Coyle Gold Class, Vmax or Village Cinemas Gold Clas, Vmax. Not valid at IMAS, Hoyts La Premiere, Directors Suite, Bean Bag Cinema, Xtremescreen; Reading Gold Lounge, Titan XC; Cinema Nova ‘Nova Deluxe’ and Hayden Orpheum Cremorne.
5. The tickets are not valid on public holiday. Not valid Fridays and Saturdays after 5pm. Not valid on cinema discount days or with any other offer. Not transferable, exchangeable or redeemable for cash. Not valid for mobile or online ticketing. Voucher does not guarantee entry as seats are limited.
6. Each ticket admits two.
7. Hourly Prizes will be sent to the relevant Hourly Competition Winner by normal delivery by standard post to the address specified by the Hourly Competition Winner.
8. Except in relation to the costs of posting the Hourly Prizes, the Hourly Competition Winner will be entirely responsible for any costs, charges or expenses having any reference or regard to the use and enjoyment of their Hourly Prize, including transport to and from the cinema.
9. ‘Immortals’ has been rated as suitable for audiences aged 15 years and older. The Prize Winner should not make available any part of their Hourly Prize to anyone younger than 15 years.
10. Each Hourly Competition and the award of each Hourly Prize will be subject to these Terms.
The Grand Prize: Specific terms
1. The Grand Prize comprises of:
•
One pair of economy round trip tickets anywhere within Australia on the Virgin Australia Airlines’ network, courtesy of Virgin Australia Airlines;
• A Visa pre-paid gift card credited with AUS $1,000.00, courtesy of Virgin Money;
• Six months’ gym membership with Virgin Active;
• Ten (10) double in-season tickets to see ‘Immortals’, courtesy of Virgin Produced;
• A pre-mixed case of wine, courtesy of Virgin Wines;
• A copy of Sir Richard Branson’s latest book, ‘Screw Business As Usual’; and
• A Toshiba 40 inch LCD TV, Toshiba Blu-ray player and a copy of ‘Limitless’, courtesy of Virgin Produced.
2. Grand Prize is valued at $4,500.3. Further details of each element of the Grand Prize are set out below.
4. Enjoyment of each element of the Grand Prize is subject to these Terms and the standard terms and conditions of the provider of that element.
5. The Grand Prize Winner (and where relevant their companion(s)) will be entirely responsible for their own transport to and from any locations, accommodation, visa, passport and insurance requirements (unless otherwise specified below) and any other requirements, costs, charges and/or expenses required to use and enjoy each element of the Grand Prize.
6. Once a booking has been confirmed, no changes are permitted. If a booking is cancelled no alternative tickets/voucher will be issued. No refund or compensation will be made in the event of any cancellation.
7. No part of the Grand Prize may be exchanged or transferred and no cash alternatives will be offered. The Grand Prize is subject to availability. If any part of the Grand Prize stated is unavailable, an alternative of the same value may be supplied.
8. By entering the Marathon, the Grand Prize Winner agrees that Virgin.com shall be permitted to notify third parties on request of their name and area of residence.
Virgin Australia Airlines prize details
• The Prize consists of one return flight for two anywhere on the Virgin Australia domestic network for the named Prize Winner (“Tickets”). The Tickets are valid for 6 months from 17 November 2011 (subject to availability and the restrictions set out below). Further conditions may apply.
• Actual dates of travel will be subject to availability at the time of booking and, in some cases, may be subject to weather conditions. Availability for use of the Tickets is limited for each flight. Popular dates (i.e. weekends, school and public holidays) will fill quickly and Virgin Australia Airlines cannot guarantee availability on some dates. Some flights may already be booked and consequently have no seats available.
• The Tickets are non-transferable to any other airline, including any of Virgin Australia Airlines’ codeshare partners (“Partners”) and have no cash value. The Tickets can only be used for domestic Australian routes and cannot be redeemed for cash or any other routes.
• The Grand Prize Winner will be contacted by Virgin Australia Airlines via written notification, confirming details of how to book the Tickets and applicable booking conditions. The prize is valued at up to $1500.
• By entering this Competition, the Grand Prize Winner agrees that Virgin Australia Airlines shall be permitted to notify third parties on request of the name and area of residence of the Grand Prize Winner.
• No Virgin Australia Airlines Velocity Frequent Flyer points or Partner miles will be awarded for travel under this Competition.
• Neither Virgin Australia Airlines Velocity Frequent Flyer points nor Partner miles can be redeemed to upgrade this flight.
• Virgin Australia Airlines will not be liable for any loss or damage caused to any person by any incomplete or missing travel documentation.
• The Grand Prize Winner will be contacted by Virgin Australia Airlines via written notification, confirming details of how to book the Tickets and applicable booking conditions.
• By entering this Competition, the Grand Prize Winner agrees that Virgin Australia Airlines shall be permitted to notify third parties on request of the name and area of residence of the Grand Prize Winner.
• Virgin Australia Airlines will not be liable for any loss or damage caused to any person by any incomplete or missing travel documentation.
• The Grand Prize Winner and their companion will abide by and be subject to Virgin Australia Airlines’ published Conditions of Carriage, which are available at
www.virginaustralia.com and from any Virgin Australia Airlines office. Virgin Australia Airlines flight schedules are subject to change without notice.
• The Tickets are for travel in economy class only and cannot be upgraded to any other class.
• All other costs associated with the Tickets prize, including but not limited to any transfer costs, airline meals, additional taxes, insurance and other ancillary costs are the responsibility of the Grand Prize Winner and his/her companion, as incurred. The Grand Prize Winner and his/her companion must depart and return at the same time.
Virgin Money prize details
• The prize comprises of one Visa pre-paid gift card loaded with AUS $1,000.00 (the “Card”).
• The Card will be sent to the Grand Prize Winner by post to the address supplied by the Grand Prize Winner within 14 days of winning the Grand Prize.
• The Card will be activated when posted and will be valid for at least 12 months. The Card can be used for purchases of goods and services where Visa pre-paid gift cards are accepted. Further conditions apply and will be detailed when the Card is supplied to the Grand Prize Winner.
• The Card will be in the name of the Grand Prize Winner and cannot be exchanged or transferred.
• Once the Grand Prize Winner has used the pre-loaded credit on the Card, neither Virgin Money nor any other Virgin Group company will be responsible for providing any further credit to the Grand Prize Winner as part of the Prize.
Virgin Active prize details
• The Prize comprises of six months’ complimentary membership at an Australian Virgin Active Health Club of your choice from any of the following:
Virgin Active Pitt Street, Sydney
Virgin Active Frenchs Forest, NSW
Virgin Active Norwest, NSW
Virgin Active Bourke St, Melbourne
• If there is no Australian Virgin Active Health Club in the place of residence of the Grand Prize Winner, then the Grand Prize Winner can transfer this membership to another person (not a current Virgin Active member) who can enjoy the prize in their place of residence.
• This element of the Grand Prize will be subject to the successful completion of a Pre Activity Questionnaire and acceptance of the Virgin Active Club Rules (as amended from time to time) by the Grand Prize Winner (or his or her nominated recipient).
• The Grand Prize Winner (or his or her nominated recipient) will abide by and be subject to Virgin Active’s terms and conditions, which are available at
http://www.virginactive.com.au/home/footer_links/legal_stuff.aspx.
• Virgin Active membership is only available to persons of 18 years or over and who are resident in Australia.
‘Immortals’ cinema tickets
• This element of the Grand Prize comprises of ten tickets to see ‘Immortals’, subject to the Hourly Competition: Specific terms (see above), except for term 1, which applies only to the Hourly Prize Winners.
Virgin Wines prize details
• This element of the Grand Prize is a pre-mixed case of twelve bottles of wine.
• Virgin Wines will be solely responsible for selecting the wines that comprise the case, which may include red and/or white wines.
• This element of the Grand Prize is subject to Virgin Wines’ standard terms and conditions, which are available at
http://www.virginwines.com.au/.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Virgin.com and not to Facebook. The information you provide will only be used for The information you provide to us will be used for the purposes of running the competition and administering the prizes only..
Australian Competitions Club
