http://www.facebook.com/FOXTELOnDemand/app_202211783230433If you were a Guardian what would your power be and why?DEFINITIONS
1. The following definitions apply to these Terms and Conditions:
a) “Closing Date” means 9:00hrs on Wesdnesday 24 April 2013.
b) “Commencement Date” means 17:00hrs on Wednesday 10 April 2013.
c) “Determination Date” means 10:00hrs on Friday 26 April.
d) “Entrant” means a person who enters the Promotion.
e) “Facebook Page” means the official Foxtel On Demand Facebook page located at
www.facebook.com/foxtelondemand.
f) “Major Prize” means the major prizes offered in the Promotion.
g) “Major Prize Winner” means an Entrant who wins a Major Prize.
h) “Newsletters” means the Foxtel On Demand electronic newsletter which can be signed up for at
www.foxtel.com.au/discover/foxtel-on-demand/default.htm and the Foxtel (Metro) electronic newsletter which can be signed up for at
http://preview.foxtel.com.au/registration/default.aspx and the Foxtel (Regional) elctronic newsletter which can be signed up for at
www.austar.com.au/tv/products-and-prices/austar-magazine.aspx.
i) “Prize” means a Prize offerred in the Promotion “Prizes” means all the prizes offered in the Promotion
j) “Promoter” means Foxtel Management Pty Ltd ABN 65 068 671 938, of 5 Thomas Holt Drive, North Ryde, NSW, 2113.
k) “Promotion” means this competition.
l) “Promotion Period” means the period between the Commencement Date and the Closing Date.
m) “Relevant Parties” means the Promoter and the agencies and companies that are associated with the Promoter or the Promotion.
n) “Supplier” means the supplier of the Prizes.
o) “Runner Up Prize” means the runner up prizes offered in the Promotion.
p) “Runner Up Prize Winner” means an Entrant who wins a Runner Up Prize.
q) “Website” means the Foxtel On Dermand website, located at <http://www.foxtel.com.au/discover/foxtel-on-demand/default.htm>.
r) “Winner” means an Entrant who wins a Prize, including in the Unclaimed Prize Determination and includes Runner Up Prize Winners and Major Prize Winners.
s) “Unclaimed Prize Determination” has the meaning set out in clause 27.
t) “Unclaimed Prize Determination Date” means Friday 3 May 2013.
2. All times and dates are times and dates in Sydney, Australia 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.
PARTICIPATION
3. The Promotion is conducted by the Promoter.
4. The Promotion is a game of skill, and chance plays no part in determining the Winners.
5. 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 a Prize if they are a Winner.
6. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.
7. This Promotion will be advertised in the April issues of the Newsletters, on the Website and on the Facebook Page. .
8. An Entrant is eligible to win a Prize if they:
a) are a permanent resident of Australia or New Zealand;
b) are a Foxtel, Optus TV featuring Foxtel, Foxtel on X-Box or Foxtel from Telstra or Sky Television New Zealand subscriber or live in a household with a Foxtel, Optus TV featuring Foxtel, Foxtel on X-Box or Foxtel from Telstra or Sky Television New Zealand subscription and have the subscriber’s permission to enter the Promotion, and the subscription account is not in arrears and is active from the Commencement Date until the Unclaimed Prize Determination Date; and
c) if under the age of 18, have their parent’s or guardian’s permission before entering the Promotion*;
*the promoter notes that Facebook is not available to persons under 13 years of age. Notwithstanding clause 20 of these terms and conditions, persons under the age of 13 may enter using the Facebook account of a parent/guardian provided they have the account holder’s permission prior to entering.
and are not:
d) employees of:
i. the Promoter, Optus, Telstra or Sky Television New Zealand;
ii. the Supplier;
iii. any corporations or agencies related to the entities in paragraphs (i) and (ii) above; or
iv. any of the Relevant Parties; or
e) a spouse, de facto spouse, parent, child or sibling (whether natural or by marriage or adoption) of a person who is an employee of any of the entities listed in paragraph (d) above.
9. Entry to the Promotion commences on the Commencement Date and closes on the Closing Date.
ENTRY
10. To enter the Promotion, an Entrant must, after the commencement date and before the closing date:
a) go to the Facebook Page; and
b) become a fan of the Facebook Page ;
b)c) and/click on the “Rise Of The Guardians” application; and
d) answer the following question:
i. “Tell us in 25 words or less, if you were a Guardian what would your power be and why?
(the “Entry Question”).
11. An 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.
12. Entrants may enter the Promotion multiple times over the Promotion Period
13. Only 1 Prize will be awarded per Entrant.
14. Entrants must ensure that their entries are received by the Promoter during the Promotion Period. All entries are deemed to be received at the time of receipt by the Promoter, not the 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 services or equipment.
15. Entry via the Facebook Page is free. However, any costs associated with accessing the Facebook Page are the responsibility of the person seeking access and are dependent on the internet service provider used.
16. Entrants must make their Facebook Page entries manually using an internet browser. The Promoter may reject an entry if it reasonably forms the opinion that the entry has been made using automated entry means or by use of a computer entry service.
17. Should an Entrant’s contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Determination Date, that Entrant must notify the Promoter of their correct contact details immediately.
18. All entries to the Promotion may be subject to verification by the Promoter. An Entrant must, within 7 days of being asked, at the Promoter’s cost:
a) allow the Promoter to inspect and copy any documents the Promoter may request establishing eligibility to enter the Promotion, including but not limited to evidence of age, residence and/or identity.
19. The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that a Winner cannot provide suitable proof of eligibility, that Winner will forfeit their Prize in whole and no substitute or compensation will be offered.
20. Any entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
21. 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 win the Promotion to the Promoter’s satisfaction; or
b) fails to produce items as required by Condition 18 or produces items that appear to be 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
22. There will be three (3) Major Prize Winners and two (2) Runner Up Prize Winners determined from all entries received during the Promotion Period. Each Major Prize Winner will receive 1 of the Major Prizes and each Runner Up Prize Winner will receive 1 of the Runner Up Prizes.
23. The Winners will be determined on the Determination Date by the Promoter at 5 Thomas Holt Drive, North Ryde NSW 2013.
24. The Winners will be the Entrants who, in the sole opinion of the judges, have most creatively answered the Entry Question.
25. The Promoter’s decisions are final and no correspondence will be entered into.
26. The Winners will be notified by phone and email within 2 days of the Determination Date.
27. All reasonable attempts will be made to contact the Winners. Subject, where relevant, to any directions given under the legislation regulating the Promotion, if a Prize is:
a) not claimed by the Winner by 9:00hrs on the Unclaimed Prize Determination Date; or
b) forfeited for any reason,
the Prize will be awarded to another Entrant in an unclaimed prize determination (the “Unclaimed Prize Determination”), which will take place at 10:00hrs on the Unclaimed Prize Determination Date and will be conducted by Foxtel Management PTY LTD (FOXTEL), (ABN: 65 068 671 938) of 5 Thomas Holt Drive, North Ryde NSW 2113, Australia.. The Winner/s of the Unclaimed Prize Determination will be notified by phone and email within 2 days of the Unclaimed Prize Determination Date.
PRIZES
28. Each Major Prize will consist of:
a) One (1) “Rise of the Guardians” branded skateboard, valued at a maximum of $100.00.
THE TOTAL MAJOR PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $300.00
29. Each Runner Up Prize Will Consist of:
a) one (1) “Rise of the Guardians” branded glitter pen, valued at a maximum of $5.00;
b) one (1) “Rise of the Guardians” branded stationary set, valued at a maximum of $15.00;
c) one (1) “Rise of the Guardians” branded 3D puzzle, valued at a maximum of $35.00;
d) one (1) “Rise of the Guardians” branded twisty drinking straw, valued at a maximum of$5.00; and
e) one (1) “Rise of the Guardians” branded keyring, valued at a maximum of $5.00.
THE TOTAL RUNNER UP PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $130.00.
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $410.00.
30. All Prize values are correct as at Monday 11 March 2013 and are reflective of the recommended retail price and are in Australian dollars. The Promoter takes no responsibility for any variations in the Prize values.
31. If any Prize, or any part of any Prize, 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 any Winner or any other party if any Prize or any part of any Prize is unavailable for any reason.
32. Prizes cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.
33. Prizes may be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow a Winner to transfer a Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.
33.34. Winners are advised that tax implications may arise from them winning a Prize and they should seek independent financial advice prior to accepting a Prize.
34.35. Once a Prize has left the Promoter’s/Supplier’s premises, the Promoter and the Relevant Parties will not be responsible for any delay in delivery or loss or damage to the Prize.
35.36. If the Determination Date or Unclaimed Prize Determination Date is a public holiday, the determination will be conducted on the following business day.
36.37. Prizes will be awarded to the people named in the winning entries.
GENERAL
37.38. 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.
38.39. To the full extent permitted by the law, Facebook and the Relevant Parties will not be liable for any loss, damage, claim, cost, expense or personal injury 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:
a) any indirect, economic or consequential loss or loss of profits;
b) any loss arising from the negligence of a Relevant Party; and
c) any liability for personal injury or death.
39.40. Entry and continued participation in the Promotion is dependent on Entrants’ acting in accordance with the Facebook Statement of Rights and Responsibilities, available at
http://www.facebook.com/terms.php.
40.41. This Promotion is in no way sponsored, endorsed, or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. Any questions, comments or complaints about this Promotion must be directed to the Promoter (not Facebook) at the address given in clause 1 of these Terms and Conditions.
41.42. 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 that 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 or take any other action, including to cancel, terminate, modify, or suspend the Promotion subject to any direction given under the relevant State/Territory permit regulations.
42.43. 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, or software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Promotion;
b) any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; or
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.
43.44. 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.
44.45. These Terms and Conditions are governed by the laws of New South Wales.
45.46. These rules are Terms and Conditions and constitute the entire terms and conditions between the Entrant and the Promoter with respect to the Promotion and cannot be altered, modified, or amended.
46.47. All entries become the property of the Promoter.
PRIVACY
47.48. 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 send Entrants marketing information where Entrants have consented. Entrants’ personal information may be disclosed to marketing and communications agencies, Prize suppliers and Prize deliverers 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. Entrants can contact the Promoter by mail at PO Box 612, Moonee Ponds, Victoria, 3039 or by telephone on 131999 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
http://www.foxtel.com.au/privacystatement.htm.
Australian Competitions Club
