http://www.theavengers.com.au/home
SONY HOME ENTERTAINMENT SYSTEMS
PRIZES
One of four Sony Entertainment Systems including:
- 46" Bravia LED TV
- 5.1 Channel Blu-ray Home Theatre System
- PlayStation 3 Gaming Console
- PlayStation 3 game
- DVD
- ‘Avengers Assemble’ CD soundtrack
HOW TO WIN
To enter the Contest you must you must first purchase a specially marked copy of The Avengers on DVD, Blu-Ray or 3D. Inside each package will be a flyer with a unique alpha-numeric code. Enter your code by clicking the button above.OFFICIAL CONTEST RULES
The Avengers Competition
OVERVIEW OF CONTEST
To enter the ‘The Avengers Competition’ (the “Contest”), you must be a member of
www.theavengers.com.au (together, the “Website”). Membership of the Website is free (excluding normal internet connection charges) and open to Australian residents aged 13 years and over. Full terms and conditions of the Website are available here:
www.theavengers.com.au/terms. You are only permitted to create one (1) account on the Website.
The Contest opens at 12:00pm (AEST) on 20 August 2012 and closes at 11:59pm (AEST) on 30 September 2012 (the “Contest Period”).
To enter the Contest you must you must first purchase a specially marked copy of The Avengers on DVD, Blu-Ray or 3D (as set out in clause 3.1 (b) below). Inside each package will be a flyer with a unique alpha-numeric code (the “Code”). You must then log in to your Website membership account, follow the on screen instructions and enter the Code during the Contest Period (the “Entry”).
You can enter multiple Codes and each Code entered will count as a separate entry into the Contest, however you may only enter each unique Code once. There is no limit to the number of different unique Codes you may enter.
By submitting the Code, you are stating that you agree to be bound by all of these Official Rules.
It is important that you read and understand these Official Rules, particularly clauses about our legal responsibility to you such as clause 8. If you do not understand these Rules, you should seek help to understand them.
Your parent/guardian (who is over 18 years of age) will need to consent and agree to your participation in the Contest. We may send an email to your parent/guardian (at the email address recorded in your Entry) confirming their consent and agreement to these Official Rules.
NAME OF PROMOTER
The promoter of this Contest is The Walt Disney Company (Australia) Pty Limited, Level 3, 68 York St, Sydney NSW 2000, Australia, ABN 30 054 610 025 (“we”, “us”, “our”). We may contract the services of Salmat or such other agency as we may determine in our discretion (“Agency”) to administer certain parts of this Contest.
ELIGIBILITY
To be eligible to enter the Contest:
you must be a permanent resident of Australia aged 13 years or older at the time of registering on the Website;
you must have purchased a specially marked copy of The Avengers on DVD, Blu-Ray or 3D from an authorized Australian retailer. When claiming your prize you may be asked to provide a proof of purchase. If the DVD, Blu-Ray or 3D was purchased for you by a third party, that third party will need to provide the proof of purchase;
your parent/guardian must have provided consent for your Entry as required by clause 1.7;
neither you nor anyone in your immediate family (including your parents/guardian, brothers and sisters), can be an employee of us or the Agency, affiliated with us or the Agency or connected to the Contest in any way.
We may disqualify you if:
your Entry does not comply with any of the above requirements;
your Entry includes any objectionable material or infringes the rights (including intellectual property rights) of any third party;
the appropriate authorization from your parent/legal guardian is or was not provided;
you are in breach of these Rules; or
you have tampered in any way with the operation of the Contest.
If for any reason this Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond our control which corrupt or affect the administration security, fairness, integrity, or proper conduct of this Contest, we reserve the right in our sole discretion, to disqualify any individual who tampers with the entry process, and subject to the approval of those authorities which have issued permits for the conduct of this Contest, to cancel, terminate, modify or suspend the Contest.
Entry into the Contest is free. However, the cost of accessing the Website will be dependent on your individual Internet Service Provider.
HOW AND WHEN WINNERS WILL BE NOTIFIED
The winners will be drawn at random at 12pm AEST on 9 October 2012. They will be notified by email of their Prize within two (2) business days of the draw. The name of the winner of the Prize (as defined below in clause 5) will be published in The Australian Newspaper on 24 October 2012 and also published on the Website at the conclusion of the Contest Period.
All reasonable attempts will be made to contact the Prize winners. All Prizes must be claimed by 9:00am on 9 January 2013. If a Prize is not claimed by this time, the Agency will (subject to State Regulation) conduct an unclaimed prize draw at 12pm on 11 January 2013 for such Prizes. All entrants will be eligible for the unclaimed Prize draw. Any winners will be notified by phone (on the number specified when entering the Contest) and notified by mail. The winners of the Major Prize will have their details published in The Australian Newspaper on 25 January 2013.
Should and entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify the Promoter.
PRIZE(S)
There will be four (4) prizes (each a “Prize”) to be won during the course of the Contest as follows:
Each Prize shall consist of one (1) Sony Home Entertainment package, comprising of:
one (1) 46" Bravia LED TV (Model KDL46HX850) (RRP: $2,999AUD);
one (1) a 5.1 Channel Blu-ray Home Theatre System (Model BDVN990W) (RRP: $799AUD);
one (1) PlayStation 3 Gaming Console (Model PlayStation 3) (RRP: $348AUD);
one (1) PlayStation 3 game (RRP: $49AUD);
one (1) DVD (RRP $24AUD); and
one (1) ‘Avengers Assemble’ CD soundtrack (RRP $24AUD).
The total value of each prize is RRP $4,243AUD
The total Prize pool value of the Contest is RRP $16,972AUD
The Prize values are based upon the recommended retail prices at the time of printing (inclusive of GST). Neither we nor the Agency accept any responsibility for a change in the value of any Prize between now and the ultimate Prize redemption date subject to State Regulation.
If you are a Prize winner, you may not transfer the Prize to anyone or ask for an alternative prize (including cash). We may replace the Prize with a prize of equal value in the unlikely event that the Prize becomes unavailable subject to State Regulation.
Once a Prize has left our premises, we will not be responsible for any damage, delay or loss to any Prize during transit.
We may ask you and your parent/legal guardian to provide proof of your age, identity and residency, and to sign any required documentation before claiming the Prize, including evidence supporting your compliance with these Rules.
We reserve the right to refuse to allow a winner to take part in any or all aspects of a Prize if we determine, in our absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the Prize. Award of the Prize is conditional upon the winner and his/her parent/legal guardian (if under the age of 18 years) agreeing to and signing a legal release in a form determined by us in our absolute discretion.
If you are unable to claim or collect the Prize whatever reason, we will award the Prize to someone else subject to State Regulation and these Rules.
If the Prize is unavailable for whatever reason, we reserve the right to substitute the Prize for a prize of equal or greater value.
In the event that for any reason whatsoever a winner does not take an element of the Prize at the time stipulated by us then that element of the Prize will be forfeited by the winner/s and cash will not be awarded in lieu of the prize/s.
Prize values are in Australian dollars and are based upon the recommended retail prices at the time of printing (inclusive of GST). We accept no responsibility for change in prize value between now and the ultimate prize redemption date.
Award of the Prize is conditional upon the winner and his/her parent/legal guardian agreeing to and signing the appropriate release forms and/or agreements and/or any additional documentation required by us.
We may film you during the presentation of the Prize.
OWNERSHIP/RIGHTS
You agree that all of the rights (including intellectual property rights) in your Entry, including any recording and performance in your Entry, belong to us and hereby assign any rights you may have to us. This includes all copyright (present or future), other intellectual property rights and rights of ownership. You grant us a perpetual worldwide license (including a right to sub-license) of all rights in your Entry pending completion of this assignment.
You agree to do all things necessary (which may include signing documents) to transfer these rights to us.
You consent to us doing anything, or omitting to do anything, that infringes your moral rights in your Entry. Moral rights are your inherent rights in your Entry as the author and/or performer in the Entry and comprise:
the right to be attributed as the author of and/or performer in the Entry;
the right not to have your authorship of and/or performance in the Entry falsely attributed; and
the right of integrity of authorship and/or performership.
LIABILITY AND INDEMNITY
We may cancel, modify, suspend or delay the Contest at any time if something happens that is beyond its reasonable control, including for any technical or operational reason subject to State Regulation.
We are not liable, and you release us from liability, for any loss or damage that you may suffer from your participation in the Contest, including (without limitation) if:
the Contest is cancelled, modified, suspended or delayed under clause 8.1; or
we do not receive your Entry within the Contest Period for any reason, including due to technical failure of the Website.
The Competition and Consumer Act 2010 (Cth) as well as other laws in Australia may imply certain conditions, warranties and undertakings, and give you other legal rights. If they apply, these cannot be modified or excluded by any contract. You may consider seeking legal advice as to whether they apply to you.
Nothing in these Rules generally affects your rights under Australian consumer law (as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and equivalent State and Territory fair trading legislation) regarding consumer guarantees to the extent that such consumer guarantees cannot be excluded by law. Other than these consumer guarantees, and subject to clause 7.3, we make no warranties about any prizes offered as part of the Contest, including warranties as to the quality, merchantability or fitness for purpose of such prizes.
You agree to indemnify us against all liabilities suffered or sustained by us arising from any claim by a third party that your Entry infringes the rights (including intellectual property rights) of any third party.
REPRESENTATIONS AND WARRANTIES You represent and warrant that:
neither you nor anyone else appearing in the Entry has appeared in any performance for which they were paid or is subject to any music publishing agreement, recording agreement, production agreement or any similar agreement (written or otherwise) which would interfere with your or their ability to enter into this Contest; and
you have all of the rights necessary to effect the transfer of rights to us under clause 6 and (if required by us) provided to us entry forms signed by anyone else who has any rights in your Entry.
PRIVACY
We will collect your personal information (such as your name and biographical data) as part of the Contest and may use this information anywhere in the world for the purposes of administering the Contest, and other purposes for which we obtain your express consent. Where you have consented, your personal information may be provided to our affiliates, including overseas affiliates for future promotional, marketing and publicity purposes without notice and without any fee being paid unless otherwise advised by you. You hereby waive any rights of privacy, publicity or similar rights which you may have in the Entry.
No personal information collected from you will be used for any marketing or promotional purposes, either by us or our affiliates, without your express consent.
Entrants’ personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation. For purposes of public statements and advertisements the Promoter will only publish the winner’s surname, initial and state.
We will comply with our privacy policy in the collection and use of your personal information. Our privacy policy is available at
www.theavengers.com.au/privacyOUR INTELLECTUAL PROPERTY
Unless expressly stated in these Rules, your participation in the Contest does not entitle you to use any of our or our affiliates’ intellectual property rights (including any trade mark or copyright) for any purpose.
You may not disclose your Entry to anyone other than us. You may only use your Entry to participate in the Contest. You may keep any copy of your Entry for your personal records.
GOVERNING LAW
These Rules are governed by the laws of NSW, Australia. You submit to the non-exclusive jurisdiction of courts exercising jurisdiction there, and waive any right to claim that those courts are an inconvenient forum.
AMENDMENTS
We reserve the right to change, amend, delete or add to these Rules subject to State Regulation without prior notice at any time and each entrant shall be bound by such changes. We will post any changes to the Rules on the Website. Before you submit your entry, please check the Website to ensure you are aware of the Rules.
SEVERABILITY
Any provision (or part thereof) of these Rules that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions (or parts thereof) of these Rules nor affect the validity or enforceability of that provision (or part thereof) in any other jurisdiction.
ENTIRE AGREEMENT
These Rules and your acceptance of them contain the entire agreement between you and us with respect to the Contest. They set out the only conduct that you have relied on and supersede all earlier conduct and prior agreements and understandings between you and us in connection with the Contest.
Australian Competitions Club
