http://www.tvwinners.com.au/Competitions/Competition.aspx?pageId=516
TERMS & CONDITIONSPARTICIPATION
1. This competition (the “PROMOTION”) is conducted by Multi Channel Network Pty Ltd ABN: 72 077 436 974, Level 4, 19 Harris Street, Pyrmont, NSW, 2009 (the “PROMOTER”).
2. The Promotion is a game of chance, and skill plays no part in determining the winners.
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 a Winner.
4. All entry instructions and Prize information published by the Promoter form part of these Terms and Conditions.
5. The Promotion is only open to eligible entrants (the “ENTRANTS”), being individuals who are:
a) permanent residents of Australia; and
b) a FOXTEL subscriber (the “SUBSCRIBER”) or live in a household with a FOXTEL subscription and have the Subscriber’s permission to enter the Promotion via the FOXTEL ACTIVE red button, and the Subscriber’s account is not in arrears for the duration of the Promotion up to and including Wednesday 15 June 2011; and
c) are aged 18 years and over;
and must not be:
d) employees of the Promoter or Walt Disney (the “SUPPLIER”) or an employee of the Promoter’s or the Supplier’s related corporations or agencies or any other company associated with the Promoter and/or the Promotion; or
e) a spouse, de facto spouse, parent, child or sibling (whether natural or by adoption) of such an employee.
6. Entry to the Promotion commences at 00:01hrs on Sunday 30 January 2011 and closes at 23:59hrs on Saturday 26 February 2011 (the “ENTRY PERIOD”). 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.
ENTRY
7. Entrants request the Gnomeo & Juliet information and/or enter the Promotion by:
a) pressing the FOXTEL ACTIVE red button on their subscription television remote control when they see the Gnomeo & Juliet commercial broadcast during the Entry Period; and
b) following the prompts to complete an entry; OR
c) log on to www.tvwinners.com.au (the “WEBSITE”); and
d) fill in all the required data fields on the entry form.
8. Use of FOXTEL ACTIVE is not available on all set-top units or to Subscribers who do not have an active return path.
9. If entering via FOXTEL ACTIVE, the Entrant’s name and email address will automatically be entered into the Promotion and if a Winner, the Entrant will be contacted at the address at which they used the FOXTEL ACTIVE application. 10. To be considered valid, the 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.
11. Entry to the Promotion is free. Any cost incurred by Subscribers for the use of FOXTEL ACTIVE is a cost charged by the Subscriber’s telephone service provider for using their telephone to request information from the Supplier.
12. In any case FOXTEL ACTIVE charges will not exceed $0.55 cents including GST.
13. SMS entry cost will not exceed $0.55 cents per entry including GST.
14. Entrants may enter as many times as they like during the Entry Period, however entry via the Website is limited to one (1) per person per day.15. Entrants must make their internet entries manually using an internet browser. The Promoter may reject entries if it reasonably forms the opinion that an entry has been made using automated entry means or by use of a computer entry service.
16. Entrants must ensure that their entries are received by the Promoter during the Entry Period. All entries are deemed to be received at the time of receipt by the Promoter, not 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 service or equipment. The Promoter accepts no responsibility for any entries not received by the Promoter or for any delays in the delivery of any entries due to technical disruptions, network congestion or for any other reason.
17. Should an Entrant’s contact details change at any time between the date that they enter the Promotion and Wednesday 15 June 2011, the Entrant must notify the Promoter of their new details immediately.
18. All entries to the Promotion may be subject to verification by the Promoter. An Entrant must, within 7 days of being asked, at the Promoter’s cost:
a) 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 or win, including evidence of age, residence or identity.
19. Proof of identification, residency and entry considered suitable for verification is at the absolute discretion of the Promoter. In the event that a Winner cannot provide suitable proof that Winner will forfeit their Prize in whole and no substitute will be offered.
20. Any entry that is made on behalf of an Entrant by a third party or otherwise by proxy will be invalid.
21. The Promoter may, at its absolute discretion, declare any or all entries made by an Entrant to be invalid if the Entrant:
a) fails to establish their entitlement to enter the Promotion to the Promoter’s satisfaction; or
b) fails to produce items as required by condition 19 or produces items that are 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.
22. The Promotion will be advertised on Foxtel channels.
WINNERS
23. There will be twenty (20) weekly prize winners (the “WEEKLY PRIZE WINNERS”) drawn every week for the entire Entry Period.
24. The Weekly Prize Winners will each be drawn electronically on the following dates (the “WEEKLY DRAW DATES”) at 10:00hrs by the Promoter at Level 8, 401 Docklands Drive, Docklands, VIC, 3008.
Week 1 Prize: Wednesday 09 February 2011.
Week 2 Prize: Wednesday 16 February 2011.
Week 3 Prize: Wednesday 23 February 2011.
Week 4 Prize: Wednesday 3 March 2011. 25. The Promoter’s decisions are final and no correspondence will be entered into.
26. The Winners will be notified in writing and by telephone within 2 days of the Weekly Draw Date. The Winners’ names will be published in The Australian newspaper on Tuesday 8 March 2011.
27. Subject, where relevant, to any directions given under the legislation regulating the Promotion, if any Prize is: (i) not claimed by a Winner within 3 months of the Weekly Draw Dates; or (ii) forfeited for any reason, the Prize will be awarded to another Entrant in an unclaimed prize draw (the “Unclaimed Prize DRAW”) commencing at 10:00hrs on Wednesday 15 June 2011 by the Promoter at Level 8, 401 Docklands Drive, Docklands, VIC, 3008. The winner/s of the Unclaimed Prize Draw (also “WINNER/S”) will be notified in writing and by telephone within 2 days of the Unclaimed Prize Draw. The Winner’s name will be published in The Australian newspaper on Wednesday 22 June 2011.
28. In the event of any uncertainty as to the claim to the Prize or the identity of the Entrant if selected as the Winner, the Winner is deemed to be the Subscriber.
PRIZES
The Winners will each win a Gnomeo & Juliet prize pack (the “PRIZE”), valued at a maximum of $76.00 each. The Prize include:
- one (1) x G&J double in-season passes, valued at a maximum of $41.00;
- one (1) x G&J soundtracks, valued at a maximum of $25.00;
- one (1) x G&J seed pack, valued at a maximum of $10.00.
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $6,080.0029. All Prize values are correct as at Friday 07 December 2011. Prize values are reflective of the Recommended Retail Price and are in Australian Dollars. The Promoter takes no responsibility for any variations in Prize values.
30. The Prize is not redeemable for cash and is non-transferable. Any attempt to resell or auction all or part of the Prize will result in immediate cancellation of the Prize.
31. If a Prize (or part of a Prize, if applicable) 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 a Winner or any other party if any Prize (or part of a Prize, if applicable) is unavailable for any reason.
32. The Winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to the acceptance of the Prize.
33. Once any Prize has left the Promoter’s/Supplier’s premises, the Promoter and its agencies and companies associated with the Promotion will not be responsible for any delay in delivery, loss or damage to the Prize.
GENERAL
34. 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.
35. To the full extent permitted by the law, the Promoter and its agencies and companies associated with the Promotion (the “RELEVANT PARTIES”) will not be liable for any loss, damage, claim, cost, expense or personal injury which is suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any Entrant in connection with the Promotion or the Prizes, including: (i) any indirect, economic or consequential loss or loss of profits; (ii) any loss arising from the negligence of a Relevant Party; and (iii) any liability for personal injury or death.
36. 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, which 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, take any action that may be available, including to cancel, terminate, modify or suspend the Promotion subject to any direction given under the relevant State/Territory permit regulations.
37. 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, nor for the breach of those conditions by any person.
38. Except for any liability which cannot be excluded by law, the Promoter and the Relevant Parties are not responsible for any:
a) problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, 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) incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; and
c) 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.
39. 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.
40. These Terms and Conditions are subject to the applicable State or Territory trade promotion lottery laws and authorities
41. 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.
42. All entries become the property of the Promoter.
43. Authorised under permit numbers: NSW:LTPS/11/00289; ACT: TP 11/00089.1; VIC:11/44; SA: T11/57.
PRIVACY
44. Your privacy is important to us. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected by or on behalf of the Promoter to enable it to administer the Promotion, publicise its Winners and to send Entrants marketing information where Entrants have consented. Entrants’ personal information may be disclosed to marketing and communications agencies in order to conduct this Promotion. Personal information about Entrants may also be disclosed to the authorities responsible for the regulation of gaming and lotteries. Winners’ names will be published and retained as required by relevant legislation and as specified in these Terms and Conditions. The personal information of each Winner may be provided to others assisting in the conduct of the Promotion, including the Promotion administrator, Prize suppliers and deliverers, and to regulatory authorities. Entrants can contact the Promoter by mail at Level 4, 19 Harris St Pyrmont New South Wales 2009 or by telephone on (02) 9209 6300, 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:
www.tvwinners.com.au.
Australian Competitions Club
