www.foxtelondemand.com.au/darkknightrisesTERMS AND CONDITIONSDEFINITIONS
1.The following definitions apply to these Terms and Conditions: a."Closing Date" means 17:00hrs on Wednesday 26 December 2012.
b."Commencement Date" means 09:00hrs on Wednesday 5 December 2012.
c."Draw Date" means 09:00hrs on Wednesday 9 January 2013.
d."Entrant" means a person who enters the Promotion.
e."Facebook Page" means the official Foxtel On Demand Facebook Page located
http://www.facebook.com/FOXTELOnDemand.
f."Prize" means the prize offered in the Promotion.
g."Promoter" means Foxtel Management Pty Ltd ABN 65 068 671 938, of 5 Thomas Holt Drive, North Ryde, NSW, 2113.
h."Promotion" means this competition.
i."Promotion Period" means the period between the Commencement Date and the Closing Date.
j."Publication Date" means Wednesday 16 January 2013.
k."Relevant Parties" means the Promoter and the agencies and companies that are associated with the Promoter or the Promotion.
l."Supplier" means the supplier of the Prize.
m."Websites" mean the Foxtel On Demand website, located at
http://www.foxtel.com.au/discover/on-demand/default.htm.
n."Winner" means the Entrant who wins the Prize, including in the Unclaimed Prize Draw.
o."Unclaimed Prize Draw" has the meaning set out in clause 25.
p."Unclaimed Prize Draw Date" means Wednesday 30 January 2013
q."Unclaimed Publication Date" means Wednesday 6 February 2013.
2.All times and dates are times and dates in Sydney, 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
1.The Promotion is conducted by the Promoter.
2.The Promotion is a game of chance, and skill plays no part in determining the Winner.
3.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 the Prize if they are the Winner.
4.All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.
5.This Promotion will be advertised on the Facebook and the Website.
6.An Entrant is eligible to win the Prize if they: a.are a permanent resident of Australia;
b.are a Foxtel, Optus TV featuring Foxtel, Foxtel from Telstra subscriber or live in a household with a Foxtel, Optus TV featuring Foxtel, Foxtel from Telstra subscription and have the subscriber's permission to enter the Promotion, and the subscription account is active and is not in arrears from the Commencement Date until the Unclaimed Prize Draw Date; and
c.are over the age of 21;
and are not
d.employees of: i.the Promoter, Optus, or Telstra;
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
v.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.
7.Entry to the Promotion commences on the Commencement Date and closes on the Closing Date.
ENTRY
1.To enter the Promotion, an Entrant must, during the Promotion Period: a.log on to the Website;
b.click on the 'Dark Knight Rises' competition link; and
c.complete all of the required data entry fields on the entry form.
OR
d.go to the Facebook Page; and
e.become a fan of the Facebook Page; and/or
f.click on the 'WIN!' tab and then the "The Dark Knight Rises" application; and
g.fill out all of the required data entry fields on the entry form.
2.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.
3.Entrants may enter the Promotion multiple times over the Promotion Period.
4.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.
5.Entry via the Website and the Facebook Page is free. However, any costs associated with accessing the Website or the Facebook Page is the responsibility of the person seeking access and is dependent on the internet service provider used.
6.Entrants must make their Website or 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.
7.Should an Entrant's contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Draw Date, that Entrant must notify the Promoter of their correct contact details immediately.
8.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.hand over to the Promoter any receipt (if applicable) issued at the point of entering; and
b.allow the Promoter to inspect and copy any other documents the Promoter may request establishing eligibility to enter the Promotion, including but not limited to evidence of age, residence and/or identity.
9.The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that the Winner cannot provide suitable proof of eligibility, they will forfeit the Prize in whole and no substitute or compensation will be offered.
10.Any entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
11.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 17 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
1.There will be 1 Winner drawn from all entries received during the Promotion Period. The Winner will receive the Prize.
2.The Winner will be drawn electronically on the Draw Date by MassMedia Studios Pty Limited, Level 4, 68 Wentworth Avenue, Surry Hills, NSW, 2010.
3.The Promoter's decisions are final and no correspondence will be entered into.
4.The Winner will be notified by phone and mail within 2 days of the Draw Date. The Winner's name will be published in The Australian newspaper on the Publication Date.
5.All reasonable attempts will be made to contact the Winner. Subject, where relevant, to any directions given under the legislation regulating the Promotion, if the Prize is: a.not claimed by the Winner by 9:00hrs on the Unclaimed Prize Draw Date; or
b.forfeited for any reason,
the Prize will be awarded to another Entrant in an unclaimed prize draw (the "Unclaimed Prize Draw"), which will take place at 10:00hrs on the Unclaimed Prize Draw Date and will be conducted by MassMedia Studios Pty Limited at Level 4, 68 Wentworth Avenue, Surry Hills, NSW, 2010. The Winner of the Unclaimed Prize Draw will be notified by telephone and mail within 2 days of the Unclaimed Prize Draw Date. The name of the Unclaimed Prize Winner will be published in the Australian newspaper on the Unclaimed Publication Date.
PRIZES
1.The Prize is as follows: •2 x return economy flights from the capital city airport in Australia nearest to the Winner's place of residence to Inverness in Scotland, for the Winner and a guest, valued at a maximum of $9,800.00; and
•5 nights' accommodation with breakfast for the Winner and their guest in a twin share room in a minimum 4 star hotel (to be determined by the Promoter in its sole discretion) (the "Hotel"), valued at a maximum of $1,800.00; and
•1 x 6 day car hire for the Winner and their guest, valued at a maximum of $450.00 (the make and model of the car will be determined by the Promoter in its sole discretion); and
•3 x extreme adventure activities for the Winner and their guest: a.a glider flight over the Cairngorm Mountain range and Spey Valley, valued at a maximum of $500.00 (the "Glider Flight"); and
b.a tree zone endurance course, valued at a maximum of $120.00 (the "Tree Zone Course"); and
c.an extreme climbing wall course, valued at a maximum of $150.00 ( the "Climbing Course"); and
•travel insurance for the Winner and their guest valued at a maximum of $300.00.
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $13,120.00
2.All Prize values are correct as at Monday 15 October 2012 are reflective of the recommended retail price and are in Australian dollars. The Promoter takes no responsibility for any variations in the Prize values.
3.If the Prize (or any part of the 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 the Winner or any other party if the Prize (or any part of the Prize) is unavailable for any reason.
4.The Prize cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.
5.The Prize is non transferable and non redeemable for cash.
6.The Promoter reserves the right to refuse to allow the Winner and/or the their guest from taking part in any or all aspects of the Prize, if the Promoter determines, in its absolute discretion, that the Winner and/or their guest is not in the mental or physical condition necessary to be able to safely participate in the Prize.
7.The Winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to accepting the Prize.
8.The Winner and their guest will be required to sign the Supplier's prize acceptance and release form to be eligible to take the Prize.
9.To be eligible to drive the hire car which is included as part of the Prize, the Winner or their guest must be over 21 years of age and have an acceptable driving history. The hire car is subject to the hiring company's own terms and conditions of use. If the Winner or their guest do not meet the minimum standards required by the hirer, the Winner will forfeit the car hire component of the Prize and no substitute prize or compensation will be offered.
10.Once the 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.
11.If the Draw Date or Unclaimed Prize Draw Date is a public holiday, the draw will be conducted on the following business day.
12.The Prize will be awarded to the person named in the winning entry.
13.Unless expressly stated, all costs and expenses associated with taking the Prize become the responsibility of the Winner, including: a.additional taxes (excluding departure and any other flight-associated taxes, where flights are included in the Prize);
b.costs associated with inoculations, passports and/or visa applications;
c.transfers;
d.spending money;
e.meals;
f.transport to/from an airport departure or return point;
g.any extra sightseeing or activities; and
h.all other incidental and ancillary costs incurred by the Winner and/or their guest as a direct or indirect result of taking the Prize.
14.The Winner and their guest are responsible for any amendment fees issued by airlines or suppliers once booking is confirmed and ticketed.
15.All aspects of the Prize must be taken together as a package. The Prize must be taken on between 1 February 2013 and 31 May 2013. Black out periods apply, including Australia's school holiday periods. The Winner will be able to nominate their preferred dates of travel however the final dates of travel will be determined by the Promoter in its absolute discretion. In the event that for any reason whatsoever the Winner does not take the Prize or an element of the Prize at the time stipulated by the Promoter, the Prize or that element of the Prize will be forfeited by the Winner.
16.The Prize cannot be used in conjunction with any other discounts or special offers.
17.Frequent Flyer points are not available for any of the flights included in the Prize.
18.If the Winner and/or their guest determine that they require travel insurance above and beyond that which is being provided as part of the Prize, they will be responsible for arranging and paying for such travel insurance.
19.Airline tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. Flights may not be direct and the flight itinerary may have to be adjusted depending on the airlines' departure city and their current flight schedule. Frequent Flyer points are not available for any of the flights included in the Prize. The flights will be determined by the Promoter in its sole discretion.
20.Airline tickets included in the Prize cannot be used as part-payment of another airfare.
21.The Promoter takes no responsibility for any cancellations, delays, postponements or any other changes to the flights or other transport arrangements that are part of the Prize, and no substitute or compensation will be offered.
22.The Winner and their guest must travel together and must depart from and return to the same point of departure being the capital city airport in Australia closest to the Winner's place of residence. The Winner and their guest are responsible for their own transport to and from the capital city airport in Australia closest to the Winner's place of residence.
23.A credit card imprint or cash deposit may be required from the Winner and/or their guest at check-in to the Hotel, for all incidental charges.
24.The Winner and their guest must ensure that they have valid documentation, including but not limited to valid passports and visas, which meet the requirements of immigration and other government authorities at every destination. If the Winner or their guest are refused entry to Scotland or exit from Australia (for any reason) they will forfeit the Prize and no compensation or substitute will be offered.
25.The Promoter makes no representation as to the safety conditions or any other conditions that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the Australian Department of Foreign Affairs and Trade.
26.If the Winner and their guest must be over 21 years of age.
27.The Winner and their guest participate in all adventure activities (including those included in the Prize) at their own risk.
28.To be eligible to participate in the Glider Flight component of the Prize, the Winner and their guest must be a minimum height of 4' 6" or 1.37 metres and must weigh under 102 kilos or 16 stone.
29.To be eligible to participate in the Tree Zone Course the Winner and their guest must be a minimum height of 4 feet and must have a waistline under 50 inches.
30.In the event that the Winner and/or their guest do not meet the requirements listed in clause 53 and 54 above, they will forfeit that component of the Prize and no substitute or compensation will be offered.
GENERAL
1.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.
2.To the full extent permitted by the law, the Promoter, 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 Prize, 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.
3.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.
4.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.
5.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.
6.The Winner acknowledges that the Prize may be subject to additional terms and conditions imposed by third parties. The Winner must become acquainted with any such additional terms and conditions prior to taking the Prize. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, or for the breach of those conditions by any person.
7.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.
8.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.
9.These Terms and Conditions are governed by the laws of New South Wales and each of the relevant State authorities.
10.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.
11.All entries become the property of the Promoter.
12.Authorised under the following permit numbers:
VIC 12/3113, ACT TP 12/04656, SA T12/2394, NSW LTPS/12/10194
PRIVACY
1.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 Winner, 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. The Winner's name 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.
back to the competition form
*Terms & Conditions:Entrants must be over 21 years of age and be a Foxtel, Optus TV featuring Foxtel, Foxtel from Telstra subscriber or live in a household with a Foxtel, Optus TV featuring Foxtel, Foxtel from Telstra subscription and have the subscriber's permission to enter the Promotion, and the subscription account is active and is not in arrears. Entry period opens 09:00hrs on 5/12/12 and closes 17:00hrs on 26/12/12. One winner will be drawn on 9/01/13 by MassMedia Studios Pty Limited at Level 4, 68 Wentworth Avenue, Surry Hills, NSW, 2010 and their name will be published in the Australian newspaper on 16/01/13. The prize must be taken on between 1/02/13 and 31/05/13 and black out periods apply. The prize is valued at a maximum of $13,120. The winner and their guest must meet certain physical requirements to participate in certain activities included in the prize. Full terms and conditions available
http://myfoxtelenews.foxtel.com.au/ondemand_competition/darkknightrises/terms.aspx . The Promoter is Foxtel Management Pty Ltd (ABN 65 068 671 938) of 5 Thomas Holt Drive, North Ryde, NSW, 2113. Authorised under permit numbers NSW Permit Number LTPS/12/10194,SA Permit No. T12/2394, VIC Permit No. 12/3113, ACT TP 12/04656.
Australian Competitions Club
