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Entry Details
  • X-Trail Adventures-Nat Geo     Closing Date: Sunday 28 November 2010

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Author Topic: Win 1/3 X-Trail Australian Adventures, vid & wol  (Read 937 times)  (Replies 2 posts)
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« : Thursday 04 November 2010, 09:15:17 am »
Go Up

http://xtrail.natgeo.net/xtrail/

Win 1/3 X-Trail Australian Adventures

NGC Network Australia Pty Ltd
Search for a Nat Geo Adventurer
Terms and Conditions

1. Information on how to enter forms part of the terms of entry for the “Search for a Nat Geo Adventurer” competition (Competition). Entry into the Competition is deemed acceptance of these terms and conditions. The Competition is a game of skill and chance plays no part in determining the winners.

2. Entry is open to all residents of Australia. However, employees and their immediate families of NGC Network Australia Pty Ltd (ABN 67 077 753 603) (Promoter), Nissan Motor Co. (Australia) Pty. Ltd. (Nissan), Beinteractive Pty Ltd, and their associated agencies and companies are not eligible to enter.

3. The Competition commences on Sunday 24 October 2010 at 00:01 (AEDT) and concludes on Sunday 28 November 2010 at 23:59 (AEDT).

4. The Competition will be advertised on National Geographic Channel and Website.

5. To enter, entrants must go to http://www.xtrail.natgeo.net/xtrail and:

(a) register their details including (but not limited to) name, address, phone number, e-mail address; and
(b) answer in 25 wol “why should you be chosen as the Nat Geo Adventurer?”; and
(c) submit a short video (maximum 2 minutes duration) outlining where they would go and what they would do with their prize money; and
(d) accept these Terms and Conditions.


6. Entrants under the age of 18 must obtain the prior permission of a parent or guardian over the age of 18 to enter. Entrants under the age of 18 can only submit an entry as a “Best Mate or Active Couple” or “Active Family” (i.e. not as an individual “Extreme Adventurer”). If the winner is under the age of 18, their partner or family must include a person that 18 years or over with a valid unrestricted Australian driver’s licence. The Promoter may request that entrants under the age of 18 provide evidence of prior permission given by a parent or guardian to the entrant submitting an entry.

7. If the entrant is submitting an entry as an individual “Active Extreme Adventurer”, they must be 18 years or over with a valid unrestricted Australian driver’s licence to be eligible.

8. Inaudible, illegible, incomprehensible, offensive and/or incomplete entries will be deemed invalid.

9. Entrants in the Competition may enter as many times as they like, however, each entry must be unique and the short video must not be the same as other entries submitted previously by the entrant
.

10. The Promoter reserves the right to request winners to provide proof of:

(a) identity of the winner;
(b) residency at the nominated prize delivery address;
(c) age of the winner;
(d) if the winner is over 18 years of age, proof that the winner holds a valid unrestricted driver’s licence;
(e) if the winner is under the age of 18 years of age, proof that the winner has a partner or family member who is above the age of 18 and who holds a valid unrestricted driver’s licence; and/or
(f) entry validity in order to claim a prize.

Proof of the matters listed above suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

11. The Promoter reserves the right to verify the validity of entries and to disqualify any entrant (or any entry submitted by that entrant)who, in the opinion of Promoter:

(a) submitted an entry which includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements;
(b) is involved in or may have been involved with tampering with the entry process;
(c) submits an entry that is not in accordance with these Terms & Conditions of Entry;
(d) has engaged in conduct in entering the Competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion, Nissan and/or Promoter.

The Promoter reserves the right to disqualify a winner or entrant if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.

12. Entries must be received by 23:59 (AEDT) on Sunday 28 November 2010. The time of entry will in each case be the time the entry is received by the Promoter’s database. The Promoter accepts no responsibility for any late, lost or misdirected entries.

13. The cost of accessing the promotional website will be dependent on the entrant’s individual Internet Service Provider.

14. The Promoter and Nissan will judge the entries with judging commencing on Monday 29 November 2010 at Level 2, 4-16 Yurong Street, East Sydney, NSW 2010.

15. One winner will be chosen from each of the three following categories:

    * Active Family
    * Best Mates or Your Active Couple
    * A Extreme Adventurer

16. Entries will be judged (in the Promoter and Nissan’s absolute discretion) based on the person or group of people who the Promoter and Nissan determine to be the best entries in each of the categories outlined in Clause 15. The Promoter and Nissan’s decision is final.

17. Three (3) winning entries will be determined by the judges (in the Promoter and Nissan’s absolute discretion), one per category outlined in Clause 15.

18. The prize comprises:

Active Family Prize
The winner(s) will receive:

    * A 5 day Nissan adventure in Australia
    * The use of a Nissan X-TRAIL branded with ‘Nat Geo Adventurer’ for the adventure
    * National Geographic will lend the winner a camera to help them to document their adventure
    * A chance to try their hand at adventure journalism and star on National Geographic Channel.
    * $5,000 spending money to cover fuel, accommodation, food etc paid to the winning entry at the beginning of the trip.

Best Mates or Your Active Couple Prize

    * A 5 day Nissan adventure in Australia
    * The use of a Nissan X-TRAIL branded with ‘Nat Geo Adventurer’ to use for the adventure
    * National Geographic will lend the winner a camera to help them to document their adventure
    * A chance to try their hand at adventure journalism and star on National Geographic Channel.
    * $3,000 spending money to cover fuel, accommodation, food etc paid to the winning entry at the beginning of the trip.

A Extreme Adventurer(s) Prize

    * A 5 day Nissan adventure in Australia
    * The use of a Nissan X-TRAIL branded with ‘Nat Geo Adventurer’ to use for the adventure
    * National Geographic will lend the winner a camera to help them to document their adventure
    * A chance to try their hand at adventure journalism and star on National Geographic Channel.
    * $2,000 spending money to cover fuel, accommodation, food etc paid to the winning entry at the beginning of the trip.

19. Total prize money value is up to $10,000 including GST.

20. Prizes cannot be transferred or redeemed for cash. Winners will participate in the prizes in accordance with the Promoters instructions including, without limitation, in relation to:

(a) periods of travel;
(b) location of collection of the motor vehicle for the travel; and
(c) areas in which the prize can be used.

21. The following are conditions of the winners being eligible for a prize:

(a) winners and all persons participating in the prize will be required to sign a legal release prior to participating in the prize which will include limitations of liability and indemnities in favour of the Promoter;
(b) winners must enter into an agreement with Nissan in a form approved by Nissan in respect of use of the vehicles provided by Nissan for the prize;
(c) winners must agree to perform daily tasks, which will in turn provide material for the interstitials/ microsite/magazines. Tasks will be in the form of comments, blogs, and/or action shots of the adventurers in exciting locations. A National Geographic camera crew will fly in and interview the winners on location over 2 days, and this will also ensure high quality footage for on air;
(d) travel must be taken at the time specified by the Promoter and must coincide with the dates of the scheduled prize;
(e) the Promoter, in its absolute discretion must be satisfied that the winner (and their companion/s) are physically and mentally capable of participating in the prize;
(f) if the winner is over 18 years of age, that the winner must hold a valid unrestricted driver’s licence; and
(g) if the winner is under the age of 18 years of age:
(i) the winner must have a partner or family member above the age of 18 years old who hold a valid unrestricted driver’s licence; and
(ii) that partner or family member must undertake in writing to accompany the winner during the participation in the prize.

Travel must be taken at the time specified by the Promoter and must coincide with the dates of the scheduled prize. Winning trips must be taken between 26th December 2010– 22nd January 2011. The trip date within this time period subject to vehicle availability.

22. If the winners do not meet the conditions set out in Clause 21:

(a) the winners will forfeit the relevant prize; and
(b) neither the Promoter nor Nissan will have any liability to those winners in respect of the forfeited prize; and
(c) the Promoter and Nissan may award the relevant prize to any other entrant.

23. Other than as set out in Clause 18, neither the Promoter nor Nissan will have any liability to the winners (and their companion/s) in respect of expenses incurred by the winners (and their companion/s) in participating in the prize.

24. The winner/s (and their companion/s) are responsible for all other expenses incurred above the value of the spending money provided, including meals, drinks, transfers, laundry charges, activities (unless specified), incidentals, taxes (including departure taxes), energy surcharges, gratuities, services charges, passports, visas, travel insurance and all other ancillary costs. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.

25. Winners should note that a credit card imprint or cash deposit may be required from the winner at check-in to a hotel, for all incidental charges.

26. By entering this Competition, entrants accept and acknowledge full responsibility for their decision to participate in this Nat Geo Adventurer Prize should they be chosen as winners. The winners release the Promoter and other organisers, their related bodies corporate, affiliates, officers, agents and employees, from all liabilities, loss and damage of any kind arising at any time out of or in connection with the acceptance of, and participation in, the prize. Without limiting the foregoing, the released parties will not be liable for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind, howsoever sustained or incurred, in connection with or arising out of the Nat Geo Adventurer Prize or any other aspect of the prize. The winner acknowledges that they have been warned that there is a possibility of an accident causing injury, death or property damage in accepting the prize.

27. The winner must comply with all Nissan’s agreements at the time of the loan of the Nissan vehicle referred to in Clause 18. The vehicle cannot be driven more than 200km from the metropolitan area it is loaned from and must only be driven on sealed roads.

28. In the event that the vehicle is involved in an accident or damaged in anyway, an Accident/Damage Report in the form required by Nissan must be completed and forwarded to the Nissan dealer that the vehicle was collected from within 24 hours of the damage occurring. Repairs to the vehicle are not to be undertaken without the written consent of Nissan or its appointed assessor. If unauthorised repairs are undertaken, the winner shall be liable for the cost of those repairs and any subsequent work that may be required in the event that the unauthorised repairs are deemed to be inadequate.

29. Nissan retains the title to the vehicle and the winner must not purport to sell, pledge, mortgage, lend, transfer, or in anyway encumber the vehicle. All costs relating to insurance, registration, service, repairs, etc, of the vehicle will be borne by Nissan except for the following items which the winner will be responsible for including but not limited to any negligent act performed by the driver or passengers involving the said vehicle: any loss or damage caused to, or by, the vehicle should the winner (or driver) be intoxicated or under the influence of medication or drugs whilst in control of the said vehicle: or any fines or penalties incurred for traffic infringements whilst the vehicle is in the custody and control of the winner (or nominated driver). The winner is to return the car to Nissan (as directed by Nissan) immediately upon completion of the 5 day adventure and if the winner fails to do this, Nissan is irrevocably authorised to enter any premises in which they believe the vehicle to be situated and take possession of and remove the vehicle.

30. The winner will be responsible for, including but not limited to any negligent act performed by the driver or passengers involving the said vehicle: any loss or damage caused to, or by, the vehicle should the winner (or driver) be intoxicated or under the influence of medication or drugs whilst in control of the said vehicle: or any fines or penalties incurred for traffic infringements whilst the vehicle is in the custody and control of the winner (or nominated driver). The driver of the car must have a current Australian State or Territory license (which is not under suspension or cancellation) as at the date on which the winner (or companion) is to drive the vehicle.

31. Subject to applicable law, tf the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value.

32. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize without any liability whatsoever to the winner, if the Promoter determines, in their absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the prize.

33. By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the duration of the prize.

34. In consideration for the Promoter awarding the prize to the winner, the winner hereby assigns to the Promoter all right, title and interest in and to all copyright in any material created pursuant to the winner’s participation in any aspect of the prize (Works). The winner acknowledges that the Promoter (in its sole discretion) is free to use the Works and to exercise its rights in relation thereto and the winner will not be entitled to any fee for such use.

35. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with National Geographic Channel or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.

36. In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.

37. Prize values are based upon the recommended retail prices at the time of printing (inclusive of GST). The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.

38. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.

39. Prizes will be awarded to person named in the entry. However, in a dispute, the prize will be awarded to the account holder of the entry mechanism used to submit their entry (i.e. mobile phone account holder or land line account holder).

40. Should an entrant’s contact details change during the promotional 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 Promoter.

41. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Competition and recommence it from the start on the same conditions, subject to any written directions given under State Regulation.

42. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the entrant or winner (or their companions) or for any of the equipment or programming associated with or utilised in this Competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this Competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.

43. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

44. The Promoter, Beinteractive, Nissan and their associated agencies and companies assume no responsibility for 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, and reserves the right to take any action that may be available.

45. If for any reason this Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Competition, subject to any written direction given under State Regulation.

46. All entries (including video clips) become the property of the Promoter. The Promoter collects personal information about all entrants for the following purposes but no further use of this information will be made without prior consent:

(a) to enable you to participate in this Competition; and
(b) to permit both the Promoter and Nissan to undertake future promotional and marketing activities in any media without any further reference, payment or other compensation to the entrant, including sending the entrant electronic messages.

47. Notwithstanding any other provision of these Terms and Conditions, to the maximum extent permitted by law:

(a) except as expressly set out in these Terms and Conditions:
(i) the Promoter makes no representations or warranties to winners or entrants;
(ii) the Promoter hereby excludes all representations, warranties, terms and conditions whether express or implied (and including without limitation, those implied by statute, custom, law or otherwise);
(b) the Promoter’s cumulative liability to entrants and winners (in aggregate) for all claims made by winners or entrants (in aggregate) in respect of the Competition will not exceed in total $10,000 (including GST).
(c) the Promoter will not be liable to any winner or entrant in respect of any claim for any loss of profit, data, goodwill or business, for interruption to business, for any failure to realise anticipated savings or for any consequential, indirect, special punitive or incidental damages.

51.Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of the Agreement, to the extent to which the Promoter is entitled to do so, the Promoter limits its liability in respect of any claim to:

(a) in the case of goods, at the Promoter’s option:
(i) the replacement of the goods or the supply or equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of having the goods repaired; and
(b) in the case of services, at the Promoter’s option:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.

52.The Promoter is NGC Network Australia Pty Ltd (ABN: 67 077 753 603) of Level 2, 4-16 Yurong Street, East Sydney, NSW 2010.
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« Reply #1 : Friday 19 November 2010, 04:38:04 pm »
Go Up

http://xtrail.natgeo.net/xtrail/

Tell us why you should be chosen as the Nat Geo X-TRAIL Adventurer? [25wol] and submit short viseo about where you would go/what you would do with the prize money.

(Site is in Flash - can't copy...)



NGC Network Australia Pty Ltd
Search for a Nat Geo Adventurer
Terms and Conditions


1. Information on how to enter forms part of the terms of entry for the “Search for a Nat Geo Adventurer” competition (Competition). Entry into the Competition is deemed acceptance of these terms and conditions. The Competition is a game of skill and chance plays no part in determining the winners.

2. Entry is open to all residents of Australia. However, employees and their immediate families of NGC Network Australia Pty Ltd (ABN 67 077 753 603) (Promoter), Nissan Motor Co. (Australia) Pty. Ltd. (Nissan), Beinteractive Pty Ltd, and their associated agencies and companies are not eligible to enter.

3. The Competition commences on Sunday 24 October 2010 at 00:01 (AEDT) and concludes on Sunday 28 November 2010 at 23:59 (AEDT).

4. The Competition will be advertised on National Geographic Channel and Website.

5. To enter, entrants must go to http://www.xtrail.natgeo.net/xtrail and:

(a) register their details including (but not limited to) name, address, phone number, e-mail address; and
(b) answer the question “why should you be chosen as the Nat Geo Adventurer?”; and
(c) submit a short video (maximum 2 minutes duration) outlining where they would go and what they would do with their prize money; and
(d) accept these Terms and Conditions.


6. Entrants under the age of 18 must obtain the prior permission of a parent or guardian over the age of 18 to enter. Entrants under the age of 18 can only submit an entry as a “Best Mate or Active Couple” or “Active Family” (i.e. not as an individual “Extreme Adventurer”). If the winner is under the age of 18, their partner or family must include a person that 18 years or over with a valid unrestricted Australian driver’s licence. The Promoter may request that entrants under the age of 18 provide evidence of prior permission given by a parent or guardian to the entrant submitting an entry.

7. If the entrant is submitting an entry as an individual “Active Extreme Adventurer”, they must be 18 years or over with a valid unrestricted Australian driver’s licence to be eligible.

8. Inaudible, illegible, incomprehensible, offensive and/or incomplete entries will be deemed invalid.

9. Entrants in the Competition may enter as many times as they like, however, each entry must be unique and the short video must not be the same as other entries submitted previously by the entrant.

10. The Promoter reserves the right to request winners to provide proof of:

(a) identity of the winner;
(b) residency at the nominated prize delivery address;
(c) age of the winner;
(d) if the winner is over 18 years of age, proof that the winner holds a valid unrestricted driver’s licence;
(e) if the winner is under the age of 18 years of age, proof that the winner has a partner or family member who is above the age of 18 and who holds a valid unrestricted driver’s licence; and/or
(f) entry validity in order to claim a prize.

Proof of the matters listed above suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

11. The Promoter reserves the right to verify the validity of entries and to disqualify any entrant (or any entry submitted by that entrant)who, in the opinion of Promoter:

(a) submitted an entry which includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements;
(b) is involved in or may have been involved with tampering with the entry process;
(c) submits an entry that is not in accordance with these Terms & Conditions of Entry;
(d) has engaged in conduct in entering the Competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion, Nissan and/or Promoter.

The Promoter reserves the right to disqualify a winner or entrant if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.

12. Entries must be received by 23:59 (AEDT) on Sunday 28 November 2010. The time of entry will in each case be the time the entry is received by the Promoter’s database. The Promoter accepts no responsibility for any late, lost or misdirected entries.

13. The cost of accessing the promotional website will be dependent on the entrant’s individual Internet Service Provider.

14. The Promoter and Nissan will judge the entries with judging commencing on Monday 29 November 2010 at Level 2, 4-16 Yurong Street, East Sydney, NSW 2010.

15. One winner will be chosen from each of the three following categories:

    * Active Family
    * Best Mates or Your Active Couple
    * A Extreme Adventurer

16. Entries will be judged (in the Promoter and Nissan’s absolute discretion) based on the person or group of people who the Promoter and Nissan determine to be the best entries in each of the categories outlined in Clause 15. The Promoter and Nissan’s decision is final.

17. Three (3) winning entries will be determined by the judges (in the Promoter and Nissan’s absolute discretion), one per category outlined in Clause 15.

18. The prize comprises:

Active Family Prize
The winner(s) will receive:

    * A 5 day Nissan adventure in Australia
    * The use of a Nissan X-TRAIL branded with ‘Nat Geo Adventurer’ for the adventure
    * National Geographic will lend the winner a camera to help them to document their adventure
    * A chance to try their hand at adventure journalism and star on National Geographic Channel.
    * $5,000 spending money to cover fuel, accommodation, food etc paid to the winning entry at the beginning of the trip.

Best Mates or Your Active Couple Prize

    * A 5 day Nissan adventure in Australia
    * The use of a Nissan X-TRAIL branded with ‘Nat Geo Adventurer’ to use for the adventure
    * National Geographic will lend the winner a camera to help them to document their adventure
    * A chance to try their hand at adventure journalism and star on National Geographic Channel.
    * $3,000 spending money to cover fuel, accommodation, food etc paid to the winning entry at the beginning of the trip.

A Extreme Adventurer(s) Prize

    * A 5 day Nissan adventure in Australia
    * The use of a Nissan X-TRAIL branded with ‘Nat Geo Adventurer’ to use for the adventure
    * National Geographic will lend the winner a camera to help them to document their adventure
    * A chance to try their hand at adventure journalism and star on National Geographic Channel.
    * $2,000 spending money to cover fuel, accommodation, food etc paid to the winning entry at the beginning of the trip.

19. Total prize money value is up to $10,000 including GST.

20. Prizes cannot be transferred or redeemed for cash. Winners will participate in the prizes in accordance with the Promoters instructions including, without limitation, in relation to:

(a) periods of travel;
(b) location of collection of the motor vehicle for the travel; and
(c) areas in which the prize can be used.

21. The following are conditions of the winners being eligible for a prize:

(a) winners and all persons participating in the prize will be required to sign a legal release prior to participating in the prize which will include limitations of liability and indemnities in favour of the Promoter;
(b) winners must enter into an agreement with Nissan in a form approved by Nissan in respect of use of the vehicles provided by Nissan for the prize;
(c) winners must agree to perform daily tasks, which will in turn provide material for the interstitials/ microsite/magazines. Tasks will be in the form of comments, blogs, and/or action shots of the adventurers in exciting locations. A National Geographic camera crew will fly in and interview the winners on location over 2 days, and this will also ensure high quality footage for on air;
(d) travel must be taken at the time specified by the Promoter and must coincide with the dates of the scheduled prize;
(e) the Promoter, in its absolute discretion must be satisfied that the winner (and their companion/s) are physically and mentally capable of participating in the prize;
(f) if the winner is over 18 years of age, that the winner must hold a valid unrestricted driver’s licence; and
(g) if the winner is under the age of 18 years of age:
(i) the winner must have a partner or family member above the age of 18 years old who hold a valid unrestricted driver’s licence; and
(ii) that partner or family member must undertake in writing to accompany the winner during the participation in the prize.

Travel must be taken at the time specified by the Promoter and must coincide with the dates of the scheduled prize. Winning trips must be taken between 26th December 2010– 22nd January 2011. The trip date within this time period subject to vehicle availability.

22. If the winners do not meet the conditions set out in Clause 21:

(a) the winners will forfeit the relevant prize; and
(b) neither the Promoter nor Nissan will have any liability to those winners in respect of the forfeited prize; and
(c) the Promoter and Nissan may award the relevant prize to any other entrant.

23. Other than as set out in Clause 18, neither the Promoter nor Nissan will have any liability to the winners (and their companion/s) in respect of expenses incurred by the winners (and their companion/s) in participating in the prize.

24. The winner/s (and their companion/s) are responsible for all other expenses incurred above the value of the spending money provided, including meals, drinks, transfers, laundry charges, activities (unless specified), incidentals, taxes (including departure taxes), energy surcharges, gratuities, services charges, passports, visas, travel insurance and all other ancillary costs. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.

25. Winners should note that a credit card imprint or cash deposit may be required from the winner at check-in to a hotel, for all incidental charges.

26. By entering this Competition, entrants accept and acknowledge full responsibility for their decision to participate in this Nat Geo Adventurer Prize should they be chosen as winners. The winners release the Promoter and other organisers, their related bodies corporate, affiliates, officers, agents and employees, from all liabilities, loss and damage of any kind arising at any time out of or in connection with the acceptance of, and participation in, the prize. Without limiting the foregoing, the released parties will not be liable for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind, howsoever sustained or incurred, in connection with or arising out of the Nat Geo Adventurer Prize or any other aspect of the prize. The winner acknowledges that they have been warned that there is a possibility of an accident causing injury, death or property damage in accepting the prize.

27. The winner must comply with all Nissan’s agreements at the time of the loan of the Nissan vehicle referred to in Clause 18. The vehicle cannot be driven more than 200km from the metropolitan area it is loaned from and must only be driven on sealed roads.

28. In the event that the vehicle is involved in an accident or damaged in anyway, an Accident/Damage Report in the form required by Nissan must be completed and forwarded to the Nissan dealer that the vehicle was collected from within 24 hours of the damage occurring. Repairs to the vehicle are not to be undertaken without the written consent of Nissan or its appointed assessor. If unauthorised repairs are undertaken, the winner shall be liable for the cost of those repairs and any subsequent work that may be required in the event that the unauthorised repairs are deemed to be inadequate.

29. Nissan retains the title to the vehicle and the winner must not purport to sell, pledge, mortgage, lend, transfer, or in anyway encumber the vehicle. All costs relating to insurance, registration, service, repairs, etc, of the vehicle will be borne by Nissan except for the following items which the winner will be responsible for including but not limited to any negligent act performed by the driver or passengers involving the said vehicle: any loss or damage caused to, or by, the vehicle should the winner (or driver) be intoxicated or under the influence of medication or drugs whilst in control of the said vehicle: or any fines or penalties incurred for traffic infringements whilst the vehicle is in the custody and control of the winner (or nominated driver). The winner is to return the car to Nissan (as directed by Nissan) immediately upon completion of the 5 day adventure and if the winner fails to do this, Nissan is irrevocably authorised to enter any premises in which they believe the vehicle to be situated and take possession of and remove the vehicle.

30. The winner will be responsible for, including but not limited to any negligent act performed by the driver or passengers involving the said vehicle: any loss or damage caused to, or by, the vehicle should the winner (or driver) be intoxicated or under the influence of medication or drugs whilst in control of the said vehicle: or any fines or penalties incurred for traffic infringements whilst the vehicle is in the custody and control of the winner (or nominated driver). The driver of the car must have a current Australian State or Territory license (which is not under suspension or cancellation) as at the date on which the winner (or companion) is to drive the vehicle.

31. Subject to applicable law, tf the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value.

32. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize without any liability whatsoever to the winner, if the Promoter determines, in their absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the prize.

33. By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the duration of the prize.

34. In consideration for the Promoter awarding the prize to the winner, the winner hereby assigns to the Promoter all right, title and interest in and to all copyright in any material created pursuant to the winner’s participation in any aspect of the prize (Works). The winner acknowledges that the Promoter (in its sole discretion) is free to use the Works and to exercise its rights in relation thereto and the winner will not be entitled to any fee for such use.

35. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with National Geographic Channel or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.

36. In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.

37. Prize values are based upon the recommended retail prices at the time of printing (inclusive of GST). The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.

38. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.

39. Prizes will be awarded to person named in the entry. However, in a dispute, the prize will be awarded to the account holder of the entry mechanism used to submit their entry (i.e. mobile phone account holder or land line account holder).

40. Should an entrant’s contact details change during the promotional 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 Promoter.

41. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Competition and recommence it from the start on the same conditions, subject to any written directions given under State Regulation.

42. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the entrant or winner (or their companions) or for any of the equipment or programming associated with or utilised in this Competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this Competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.

43. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

44. The Promoter, Beinteractive, Nissan and their associated agencies and companies assume no responsibility for 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, and reserves the right to take any action that may be available.

45. If for any reason this Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Competition, subject to any written direction given under State Regulation.

46. All entries (including video clips) become the property of the Promoter. The Promoter collects personal information about all entrants for the following purposes but no further use of this information will be made without prior consent:

(a) to enable you to participate in this Competition; and
(b) to permit both the Promoter and Nissan to undertake future promotional and marketing activities in any media without any further reference, payment or other compensation to the entrant, including sending the entrant electronic messages.

47. Notwithstanding any other provision of these Terms and Conditions, to the maximum extent permitted by law:

(a) except as expressly set out in these Terms and Conditions:
(i) the Promoter makes no representations or warranties to winners or entrants;
(ii) the Promoter hereby excludes all representations, warranties, terms and conditions whether express or implied (and including without limitation, those implied by statute, custom, law or otherwise);
(b) the Promoter’s cumulative liability to entrants and winners (in aggregate) for all claims made by winners or entrants (in aggregate) in respect of the Competition will not exceed in total $10,000 (including GST).
(c) the Promoter will not be liable to any winner or entrant in respect of any claim for any loss of profit, data, goodwill or business, for interruption to business, for any failure to realise anticipated savings or for any consequential, indirect, special punitive or incidental damages.

51.Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of the Agreement, to the extent to which the Promoter is entitled to do so, the Promoter limits its liability in respect of any claim to:

(a) in the case of goods, at the Promoter’s option:
(i) the replacement of the goods or the supply or equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of having the goods repaired; and
(b) in the case of services, at the Promoter’s option:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.

52.The Promoter is NGC Network Australia Pty Ltd (ABN: 67 077 753 603) of Level 2, 4-16 Yurong Street, East Sydney, NSW 2010.
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« Reply #2 : Saturday 20 November 2010, 10:46:41 pm »
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http://xtrail.natgeo.net/xtrail/

National Geographic Channel and Nissan X-Trail Adventures

Wanna Live?

Then we want to put you on TV as Our National Geographic X-Trail Aventurers!

To win this:
- A 5 day X-Trail adventure in Australia
- The use of a Nissan X-Trail
- The use of a HD camera plus filming tips.
- The film of you and your adventure on TV.

Do this:
- Send us a short video explaining the adventure You Wanna Live.

Submit Entry

All you need to do is tell us why you should be chosen as the Nat Geo X-Trail Adventurer. Enter your details, upload a short video outlining where you would like to travel to in Australia and what adventures you would like to have.

Problems submitting video? Mail us at anna.iosefa@ignitemediabrands.com.au

NGC Network Australia Pty Ltd
Search for a Nat Geo Adventurer
Terms and Conditions


1. Information on how to enter forms part of the terms of entry for the “Search for a Nat Geo Adventurer” competition (Competition). Entry into the Competition is deemed acceptance of these terms and conditions. The Competition is a game of skill and chance plays no part in determining the winners.

2. Entry is open to all residents of Australia. However, employees and their immediate families of NGC Network Australia Pty Ltd (ABN 67 077 753 603) (Promoter), Nissan Motor Co. (Australia) Pty. Ltd. (Nissan), Beinteractive Pty Ltd, and their associated agencies and companies are not eligible to enter.

3. The Competition commences on Sunday 24 October 2010 at 00:01 (AEDT) and concludes on Sunday 28 November 2010 at 23:59 (AEDT).

4. The Competition will be advertised on National Geographic Channel and Website.

5. To enter, entrants must go to http://www.xtrail.natgeo.net/xtrail and:

(a) register their details including (but not limited to) name, address, phone number, e-mail address; and
(b) answer the question “why should you be chosen as the Nat Geo Adventurer?”; and
(c) submit a short video (maximum 2 minutes duration) outlining where they would go and what they would do with their prize money; and
(d) accept these Terms and Conditions.

6. Entrants under the age of 18 must obtain the prior permission of a parent or guardian over the age of 18 to enter. Entrants under the age of 18 can only submit an entry as a “Best Mate or Active Couple” or “Active Family” (i.e. not as an individual “Extreme Adventurer”). If the winner is under the age of 18, their partner or family must include a person that 18 years or over with a valid unrestricted Australian driver’s licence. The Promoter may request that entrants under the age of 18 provide evidence of prior permission given by a parent or guardian to the entrant submitting an entry.

7. If the entrant is submitting an entry as an individual “Active Extreme Adventurer”, they must be 18 years or over with a valid unrestricted Australian driver’s licence to be eligible.

8. Inaudible, illegible, incomprehensible, offensive and/or incomplete entries will be deemed invalid.

9. Entrants in the Competition may enter as many times as they like, however, each entry must be unique and the short video must not be the same as other entries submitted previously by the entrant.

10. The Promoter reserves the right to request winners to provide proof of:

(a) identity of the winner;
(b) residency at the nominated prize delivery address;
(c) age of the winner;
(d) if the winner is over 18 years of age, proof that the winner holds a valid unrestricted driver’s licence;
(e) if the winner is under the age of 18 years of age, proof that the winner has a partner or family member who is above the age of 18 and who holds a valid unrestricted driver’s licence; and/or
(f) entry validity in order to claim a prize.

Proof of the matters listed above suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

11. The Promoter reserves the right to verify the validity of entries and to disqualify any entrant (or any entry submitted by that entrant)who, in the opinion of Promoter:

(a) submitted an entry which includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements;
(b) is involved in or may have been involved with tampering with the entry process;
(c) submits an entry that is not in accordance with these Terms & Conditions of Entry;
(d) has engaged in conduct in entering the Competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion, Nissan and/or Promoter.

The Promoter reserves the right to disqualify a winner or entrant if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.

12. Entries must be received by 23:59 (AEDT) on Sunday 28 November 2010. The time of entry will in each case be the time the entry is received by the Promoter’s database. The Promoter accepts no responsibility for any late, lost or misdirected entries.

13. The cost of accessing the promotional website will be dependent on the entrant’s individual Internet Service Provider.

14. The Promoter and Nissan will judge the entries with judging commencing on Monday 29 November 2010 at Level 2, 4-16 Yurong Street, East Sydney, NSW 2010.

15. One winner will be chosen from each of the three following categories:

    * Active Family
    * Best Mates or Your Active Couple
    * A Extreme Adventurer


16. Entries will be judged (in the Promoter and Nissan’s absolute discretion) based on the person or group of people who the Promoter and Nissan determine to be the best entries in each of the categories outlined in Clause 15. The Promoter and Nissan’s decision is final.

17. Three (3) winning entries will be determined by the judges (in the Promoter and Nissan’s absolute discretion), one per category outlined in Clause 15.

18. The prize comprises:

Active Family Prize
The winner(s) will receive:

    * A 5 day Nissan adventure in Australia
    * The use of a Nissan X-TRAIL branded with ‘Nat Geo Adventurer’ for the adventure
    * National Geographic will lend the winner a camera to help them to document their adventure
    * A chance to try their hand at adventure journalism and star on National Geographic Channel.
    * $5,000 spending money to cover fuel, accommodation, food etc paid to the winning entry at the beginning of the trip.


Best Mates or Your Active Couple Prize

    * A 5 day Nissan adventure in Australia
    * The use of a Nissan X-TRAIL branded with ‘Nat Geo Adventurer’ to use for the adventure
    * National Geographic will lend the winner a camera to help them to document their adventure
    * A chance to try their hand at adventure journalism and star on National Geographic Channel.
    * $3,000 spending money to cover fuel, accommodation, food etc paid to the winning entry at the beginning of the trip.


A Extreme Adventurer(s) Prize

    * A 5 day Nissan adventure in Australia
    * The use of a Nissan X-TRAIL branded with ‘Nat Geo Adventurer’ to use for the adventure
    * National Geographic will lend the winner a camera to help them to document their adventure
    * A chance to try their hand at adventure journalism and star on National Geographic Channel.
    * $2,000 spending money to cover fuel, accommodation, food etc paid to the winning entry at the beginning of the trip.


19. Total prize money value is up to $10,000 including GST.

20. Prizes cannot be transferred or redeemed for cash. Winners will participate in the prizes in accordance with the Promoters instructions including, without limitation, in relation to:

(a) periods of travel;
(b) location of collection of the motor vehicle for the travel; and
(c) areas in which the prize can be used.

21. The following are conditions of the winners being eligible for a prize:

(a) winners and all persons participating in the prize will be required to sign a legal release prior to participating in the prize which will include limitations of liability and indemnities in favour of the Promoter;
(b) winners must enter into an agreement with Nissan in a form approved by Nissan in respect of use of the vehicles provided by Nissan for the prize;
(c) winners must agree to perform daily tasks, which will in turn provide material for the interstitials/ microsite/magazines. Tasks will be in the form of comments, blogs, and/or action shots of the adventurers in exciting locations. A National Geographic camera crew will fly in and interview the winners on location over 2 days, and this will also ensure high quality footage for on air;
(d) travel must be taken at the time specified by the Promoter and must coincide with the dates of the scheduled prize;
(e) the Promoter, in its absolute discretion must be satisfied that the winner (and their companion/s) are physically and mentally capable of participating in the prize;
(f) if the winner is over 18 years of age, that the winner must hold a valid unrestricted driver’s licence; and
(g) if the winner is under the age of 18 years of age:
(i) the winner must have a partner or family member above the age of 18 years old who hold a valid unrestricted driver’s licence; and
(ii) that partner or family member must undertake in writing to accompany the winner during the participation in the prize.

Travel must be taken at the time specified by the Promoter and must coincide with the dates of the scheduled prize. Winning trips must be taken between 26th December 2010– 22nd January 2011. The trip date within this time period subject to vehicle availability.

22. If the winners do not meet the conditions set out in Clause 21:

(a) the winners will forfeit the relevant prize; and
(b) neither the Promoter nor Nissan will have any liability to those winners in respect of the forfeited prize; and
(c) the Promoter and Nissan may award the relevant prize to any other entrant.

23. Other than as set out in Clause 18, neither the Promoter nor Nissan will have any liability to the winners (and their companion/s) in respect of expenses incurred by the winners (and their companion/s) in participating in the prize.

24. The winner/s (and their companion/s) are responsible for all other expenses incurred above the value of the spending money provided, including meals, drinks, transfers, laundry charges, activities (unless specified), incidentals, taxes (including departure taxes), energy surcharges, gratuities, services charges, passports, visas, travel insurance and all other ancillary costs. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.

25. Winners should note that a credit card imprint or cash deposit may be required from the winner at check-in to a hotel, for all incidental charges.

26. By entering this Competition, entrants accept and acknowledge full responsibility for their decision to participate in this Nat Geo Adventurer Prize should they be chosen as winners. The winners release the Promoter and other organisers, their related bodies corporate, affiliates, officers, agents and employees, from all liabilities, loss and damage of any kind arising at any time out of or in connection with the acceptance of, and participation in, the prize. Without limiting the foregoing, the released parties will not be liable for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind, howsoever sustained or incurred, in connection with or arising out of the Nat Geo Adventurer Prize or any other aspect of the prize. The winner acknowledges that they have been warned that there is a possibility of an accident causing injury, death or property damage in accepting the prize.

27. The winner must comply with all Nissan’s agreements at the time of the loan of the Nissan vehicle referred to in Clause 18. The vehicle cannot be driven more than 200km from the metropolitan area it is loaned from and must only be driven on sealed roads.

28. In the event that the vehicle is involved in an accident or damaged in anyway, an Accident/Damage Report in the form required by Nissan must be completed and forwarded to the Nissan dealer that the vehicle was collected from within 24 hours of the damage occurring. Repairs to the vehicle are not to be undertaken without the written consent of Nissan or its appointed assessor. If unauthorised repairs are undertaken, the winner shall be liable for the cost of those repairs and any subsequent work that may be required in the event that the unauthorised repairs are deemed to be inadequate.

29. Nissan retains the title to the vehicle and the winner must not purport to sell, pledge, mortgage, lend, transfer, or in anyway encumber the vehicle. All costs relating to insurance, registration, service, repairs, etc, of the vehicle will be borne by Nissan except for the following items which the winner will be responsible for including but not limited to any negligent act performed by the driver or passengers involving the said vehicle: any loss or damage caused to, or by, the vehicle should the winner (or driver) be intoxicated or under the influence of medication or drugs whilst in control of the said vehicle: or any fines or penalties incurred for traffic infringements whilst the vehicle is in the custody and control of the winner (or nominated driver). The winner is to return the car to Nissan (as directed by Nissan) immediately upon completion of the 5 day adventure and if the winner fails to do this, Nissan is irrevocably authorised to enter any premises in which they believe the vehicle to be situated and take possession of and remove the vehicle.

30. The winner will be responsible for, including but not limited to any negligent act performed by the driver or passengers involving the said vehicle: any loss or damage caused to, or by, the vehicle should the winner (or driver) be intoxicated or under the influence of medication or drugs whilst in control of the said vehicle: or any fines or penalties incurred for traffic infringements whilst the vehicle is in the custody and control of the winner (or nominated driver). The driver of the car must have a current Australian State or Territory license (which is not under suspension or cancellation) as at the date on which the winner (or companion) is to drive the vehicle.

31. Subject to applicable law, tf the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value.

32. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize without any liability whatsoever to the winner, if the Promoter determines, in their absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the prize.

33. By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the duration of the prize.

34. In consideration for the Promoter awarding the prize to the winner, the winner hereby assigns to the Promoter all right, title and interest in and to all copyright in any material created pursuant to the winner’s participation in any aspect of the prize (Works). The winner acknowledges that the Promoter (in its sole discretion) is free to use the Works and to exercise its rights in relation thereto and the winner will not be entitled to any fee for such use.

35. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with National Geographic Channel or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.

36. In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.

37. Prize values are based upon the recommended retail prices at the time of printing (inclusive of GST). The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.

38. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.

39. Prizes will be awarded to person named in the entry. However, in a dispute, the prize will be awarded to the account holder of the entry mechanism used to submit their entry (i.e. mobile phone account holder or land line account holder).

40. Should an entrant’s contact details change during the promotional 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 Promoter.

41. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Competition and recommence it from the start on the same conditions, subject to any written directions given under State Regulation.

42. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the entrant or winner (or their companions) or for any of the equipment or programming associated with or utilised in this Competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this Competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.

43. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

44. The Promoter, Beinteractive, Nissan and their associated agencies and companies assume no responsibility for 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, and reserves the right to take any action that may be available.

45. If for any reason this Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Competition, subject to any written direction given under State Regulation.

46. All entries (including video clips) become the property of the Promoter. The Promoter collects personal information about all entrants for the following purposes but no further use of this information will be made without prior consent:

(a) to enable you to participate in this Competition; and
(b) to permit both the Promoter and Nissan to undertake future promotional and marketing activities in any media without any further reference, payment or other compensation to the entrant, including sending the entrant electronic messages.

47. Notwithstanding any other provision of these Terms and Conditions, to the maximum extent permitted by law:

(a) except as expressly set out in these Terms and Conditions:
(i) the Promoter makes no representations or warranties to winners or entrants;
(ii) the Promoter hereby excludes all representations, warranties, terms and conditions whether express or implied (and including without limitation, those implied by statute, custom, law or otherwise);
(b) the Promoter’s cumulative liability to entrants and winners (in aggregate) for all claims made by winners or entrants (in aggregate) in respect of the Competition will not exceed in total $10,000 (including GST).
(c) the Promoter will not be liable to any winner or entrant in respect of any claim for any loss of profit, data, goodwill or business, for interruption to business, for any failure to realise anticipated savings or for any consequential, indirect, special punitive or incidental damages.

51.Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of the Agreement, to the extent to which the Promoter is entitled to do so, the Promoter limits its liability in respect of any claim to:

(a) in the case of goods, at the Promoter’s option:
(i) the replacement of the goods or the supply or equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of having the goods repaired; and
(b) in the case of services, at the Promoter’s option:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.

52.The Promoter is NGC Network Australia Pty Ltd (ABN: 67 077 753 603) of Level 2, 4-16 Yurong Street, East Sydney, NSW 2010.



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