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http://bit.ly/WIN100khttps://www.facebook.com/TheViewingLounge/app_332604873486938Universal 100th Anniversary Promotion
Universal Sony Pictures Home Entertainment Australia Pty Limited (“Promoter”)
Universal 100th Anniversary Promotion – Woolworths Exclusive (“Promotion”)
Terms and Conditions of Entry
1. The Promoter is Universal Sony Pictures Home Entertainment Australia Pty Ltd (ABN 39 152 425 735) of Level 30, 1 Market Street, Sydney NSW 2000.
2. Information on how to enter, on the mechanics of entry, and on the Prize form part of these Terms and Conditions. Entry into the Promotion is deemed acceptance of these Terms and Conditions. Entry is online (via Facebook) or by post using entry forms available in participating Woolworths stores. Entries must comply with these Terms and Conditions to be valid.
Definitions
3. In these Terms and Conditions:
a) ‘Application’ means the Universal 100th Anniversary Promotion application made available for Facebook Members to accept and install on The Viewing Lounge Facebook Page;
b) ‘Content’ has the meaning given to it in Condition 31;
c) ‘Eligible Entrant’ has the meaning given to it in Condition 5;
d) ‘Eligible Purchase’ has the meaning given to it in Condition 7;
e) ‘Event’ has the meaning given to it in Condition 12;
f) ‘Facebook Member’ means a person that has registered, been accepted as and continues to be a member of Facebook (
www.facebook.com) and has agreed to the terms and conditions of that membership;
g) ‘Prize’ has the meaning given to it in Condition 12(b);
h) ‘Prize Draw’ means the prize draw which will take place at 11:00am (AEST) on 2nd August 2012 at Oxygen Interactive Marketing, Level 1, 16 Palmer Parade Cremorne VIC 3121;
i) ‘Proof of Purchase’ has the meaning given to it in Condition 9;
j) ‘Promotion’ means the Universal 100th Anniversary Promotion – Woolworths Exclusive, which is the subject of these Terms and Conditions;
k) ‘Promotion Period’ has the meaning given to it in Condition 4;
l) ‘Terms and Conditions’ means these Terms and Conditions of Entry and any variation to them that may be made by the Promoter from time to time; and
m) ‘The Viewing Lounge Facebook Page’ means the Facebook page available at
www.facebook.com/TheViewingLounge.
Promotion Dates
4. Promotion commences at 10:00am (AEST) on Monday 2nd July 2012 and closes at 11:59pm (AEST) on Sunday 29th July 2012 (“Promotion Period”).
Entry Eligibility
5. Participation in this Promotion is only open to those persons who:
a) are Australian residents;
b) are aged 13 years of age or over; and
c) otherwise fulfil the entry requirements set out in these Terms and Conditions; and
in addition, for persons choosing to enter online only:
d) are Facebook Members; and
e) have accepted the Application
f)
(“Eligible Entrants”).
Game of Chance
6. This Promotion involves an element of chance.
7. To enter, an Eligible Entrant must, during the Promotion Period, purchase any of the Promoter’s participating DVD titles from a specially marked stand in a Woolworths store within Australia (“Eligible Purchase”), and then submit their entry in one of the following ways:
a) Online:
i. Log on to
www.facebook.com.au; ii. ‘Like’ The View Lounge Facebook Page;
iii. Open the Application;
iv. Read, acknowledge and agree to these Terms and Conditions (entry into the Promotion is deemed acceptance of these Terms and Conditions); and
v. Follow the instructions to enter into the Prize Draw; or
b) By post:
i. Read, acknowledge and agree to these Terms and Conditions (entry into the Promotion is deemed acceptance of these Terms and Conditions); and
ii. Send a completed entry form (available at specially marked stands in participating Woolworths stores) by post to: Universal 100th Anniversary Promotion, PO Box 4357, Richmond East VIC 3121. The Promoter will accept mail entries up until 5:00pm (AEST) on 1st August 2012.
8. Multiple entries are accepted; however, each entry must be based on a separate Eligible Purchase and must independently comply with these Terms and Conditions.
9. Eligible Entrants must retain, and may be required to present original store receipts of their Eligible Purchase for all entries (“Proof of Purchase”). A failure to provide Proof of Purchase for all entries may, at the absolute discretion of the Promoter, result in any or all entries submitted by an entrant being deemed invalid.
Prize Draw
10. Each Eligible Entrant who submits an entry into this Promotion in accordance with these Terms and Conditions will be entered into the Prize Draw.
11. The Prize Draw will take place at 11:00am (AEST) on 2nd August 2012 at Oxygen Interactive Marketing, Level 1, 16 Palmer Parade Cremorne VIC 3121. The winner will be contacted in telephone and in writing within two (2) business days of the Prize Draw and their name and State of residence published in the Australian newspaper on 8th August 2012.
12. The first valid entry drawn in the Prize Draw will win the opportunity to participate in the “Universal Chance to Win $100,000 event” (“Event”). Details regarding the Event are as follows:
a. The Event will take place at 1:00pm (AEST) on 7th September 2012 at Oxygen Interactive Marketing, Level 1, 16 Palmer Parade Cremorne VIC 3121. If the winner’s usual residential address is more than 200 kilometres from Melbourne CBD, the Promoter will provide the winner with:
i. two (2) adult return economy airfares (including airfare related taxes and charges) for the winner and one (1) travel companion to Melbourne, VIC from the Australian domestic airport closest to the winner’s ordinary residential address;
ii. one (1) night accommodation (minimum 4 star, standard twin share room); and
iii. transfers to and from the airport and the Event so the winner can participate in the Event.
The flights, transfers and accommodation are valued at up to $1,500 (Recommended Retail Price including GST, depending on point of departure). All other costs including meals, beverages, laundry services, spending money, transport to and from departure point, insurance, travel insurance and all other ancillary costs not expressly provided for above, as well as the costs of obtaining any of these, are the responsibility of the winner and their travel companion. Any passes, tickets or vouchers issued by the Promoter are subject to prevailing terms and conditions of use applicable to them.
b. There will be one hundred (100) envelopes at the Event. Ninety-nine (99) envelopes will each contain notification of a $10,000 consolation cash prize. One (1) envelope will contain notification of $100,000 cash prize. At the Event, the winner will be given the right to randomly pick one (1) envelope from the one hundred (100) envelopes for the chance to win $100,000. The winner shall win the prize contained in the envelope that he or she (or his/her proxy, as stated in Condition 12(c) or 12(d)) selects (“Prize”). The odds of the winner winning the $100,000 prize are 100:1.
c. If the winner cannot attend the Event, the winner may appoint a proxy aged 18 years or over to attend and participate in the Event on their behalf, provided that the winner gives the Promoter written notice to that effect before the Event. The proxy may be required to sign a legal release in a form determined by the Promoter in its absolute discretion. The Prize will be made payable to the winner only and will be transferred to the winner and not to the proxy. The Promoter’s decision is final and no correspondence will be entered into.
d. If the winner is unable to appoint a proxy or if the winner’s appointed proxy cannot attend the Event, a representative of the Promoter will appoint a proxy to attend the Event and pick an envelope on the winner’s behalf.
e. Any prize money will be paid in full within twenty-eight (28) days of the Event into a bank account held in the winner’s name as nominated by the winner in writing at the Event.
Prize Conditions
13. The total prize pool is valued at up to $101,500 (inc GST).
14. The Promoter’s decision in relation to any aspect of this Promotion, including the selection of any winner and the criteria it applies in determining the winner, is final and binding on every entrant. No correspondence will be entered into.
15. The Prize is not transferable or exchangeable. If the Prize is unavailable, the Promoter, in its discretion and subject to state permit approval, reserves the right to substitute all or any part thereof with a product or prize to the equal value.
16. Should an entrant’s contact details change during the Promotion 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 in writing.
17. The Promoter accepts no responsibility for loss or damage to the Prize in transit.
18. As a condition of accepting the Prize, the winner may be requested to sign legal documentation in the form required by the Promoter in its absolute discretion, including but not limited to a legal release and indemnity form.
19. All values and amounts that appear in these Terms and Conditions are in Australian Dollars and are inclusive of GST unless expressly stated otherwise.
Unclaimed prize
20. If, despite the Promoter’s efforts to contact the winner (in accordance with Condition 11), the opportunity to participate in the Event remains unclaimed at 5:00pm (AEST) on 9th August 2012, a further prize draw will take place at Oxygen Interactive Marketing, Level 1, 16 Palmer Parade Cremorne VIC 3121 on 10th August 2012 at 10:00am (AEST). The new winner will be notified in writing and by telephone within two (2) days of the further prize draw taking place and their name and State of residence published in the Australian newspaper on 17th August 2012.
Facebook acknowledgements
21. Participation in this Promotion by entering online is considered acceptance of the following:
a. a complete release from liability of Facebook;
b. an acknowledgement that this Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook; and
c. that the information provided by each entrant is provided to the Promoter (as detailed in these Terms and Conditions) and not to Facebook.
22. Participation and entry in this Promotion is conditional upon the entrant complying with all terms, conditions, rules, regulations and guidelines set down by Facebook.
23. Entrants acknowledge that their Facebook profile photograph may be featured on the Application and/or any associated Facebook page for public viewing. Facebook membership and the use of Facebook generally are subject to the Facebook prevailing terms and conditions of use available at
www.facebook.com. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other internet users via Facebook. To the extent permitted by law, each entrant agrees to indemnify, defend and forever hold harmless, Facebook and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an entrant in respect of the entrant’s participation in the promotion. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Facebook.
Accounts, entries and entrants
24. Employees (and their immediate families) of the Promoter and agencies associated with this Promotion 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 1st cousin.
25. The Promoter reserves the right, at any time, to verify the validity of any or all entries and the eligibility of any or all entrants, including their identity, age and place of residence, and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter’s discretion, but the Promoter accepts no responsibility for late, lost or misdirected entries or other communications. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
26. Entrants are not permitted to use multiple Facebook accounts or represent a fictitious person to enter the Promotion. The Promoter can disqualify any entrant with more than one Facebook account who enters the promotion.
27. Incomplete, indecipherable or illegible entries will be deemed invalid.
28. 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 and eligibility of the entrant.
29. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter or submit, produce or distribute materials repeatedly is prohibited and will render all entries for that entrant invalid.
30. Any costs associated with becoming eligible to apply, applying or participating in this Promotion such as postage costs, internet access or download costs, will be at the cost of the entrant.
Submission, production, distribution or sharing of Content
31. If any entrant submits, produces, distributes or shares any material in connection with this Promotion including, but not limited to messages or sharing of links (“Content”), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, its affiliates and its sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
32. Entrants agree that they are fully responsible for the Content they submit, produce, share and/or distribute. The Promoter shall not be liable in any way for such Content to the full extent permitted by law.
33. The Promoter may remove any Content that does not comply with these Terms and Conditions. Entrants warrant and agree that:
a) they will not submit, produce, share or distribute any Content that:
i. is unlawful or fraudulent;
ii. the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights;
iii. the Promoter may deem to be defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, or objectionable with respect to race, religion, origin or gender; or
iv. the Promoter may deem to be not suitable for children aged under 18 or otherwise unsuitable for publication;
b) they will obtain prior consent from any other person in respect of that person or that person’s property which appears in their Content;
c) they will obtain full prior consent from any person who has jointly created or has any rights in or to the Content;
d) their Content shall not contain viruses or cause injury or harm to any person or entity;
e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computers or communication systems; and
f) the Promoter reserves the right to disqualify any entrant who submits or uploads any material that does not comply with these Terms and Conditions.
34. Without limiting any other terms and conditions in these Terms and Conditions, the entrant agrees to indemnify the Promoter for any breach of Conditions 31-33.
35. Entrants acknowledge that entries, which may include Content, will be posted on to the The Viewing Lounge Facebook Page and on their individual Facebook profiles via the Application.
Variations to the Promotion
36. The Promoter may, in its absolute discretion, but subject to State and Territory law, modify, suspend, cancel or recommence this Promotion, as appropriate, if:
a) for any reason, this Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion; or
b) the entry process, the determination of the winner and/or the delivery of the Prize is prevented or hindered by any outside agent or event including but not limited to failure of electronic funds transfer systems, vandalism, power failure, tempest, natural disaster, acts of God, civil unrest or strikes or other industrial action.
37. Where the Promoter does modify, suspend, cancel or in any way amend the Promotion, the Promoter will provide notice of this on The Viewing Lounge Facebook Page.
Limitation of Liability
38. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) exclude all liability (including negligence), for any personal injury; and any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of this Promotion, including, but not limited to, that arising out of the following:
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 that is late, lost, altered, damaged or misdirected (whether or not after its 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) any tax liability incurred by a winner or entrant; and
f) participation in the Promotion or use of the Prize.
This Condition does not affect, and is not intended to affect, any rights a consumer might have, which cannot be excluded under applicable Australian consumer protection laws.
Use of personal information
39. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
40. The Promoter collects personal information in order to conduct this Promotion and may, for this purpose, disclose such information to third parties, including but not limited to the Promoter’s agents, contractors, service providers and prize suppliers. Entry in the Promotion is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter.
41. All entries into this Promotion become the property of the Promoter.
42. The Promoter’s privacy policy can be viewed at
http://www.sonypictures.com.au/corp/privacy.html .
General
43. If any term, agreement or condition of these Terms and Conditions or the application thereof to any person or any circumstance shall be or become illegal, invalid or unenforceable, the same shall be read down, if such reading down is possible, and if found to be impossible, shall be severed and the remaining terms and agreements and conditions shall not be affected and shall continue in full force and effect.
44. These Terms and Conditions are to be interpreted in accordance with the laws of the all States and Territories within Australia and all parties affected by them submit to the jurisdiction of the Courts of Australia.
45. Unless expressly stated otherwise, all correspondence and written notices to the Promoter provided for in these Terms and Conditions should be sent to the following address:
Erin Whittaker
Campaign & Planning Manager
Erin_Whittaker@unisphe.com Universal Sony Pictures Home Entertainment Pty Ltd
Level 30
1 Market Street
Sydney NSW 2000.
46. This Promotion is authorised under NSW permit no: LTPS/12/04675, VIC permit no: 12/1322, ACT permit no: TP 12/02036, SA permit no: T12/1030
Australian Competitions Club
