The below terms and conditions apply for the aforementioned competition. I have amended Total prize value - maximum allowable for this competition.
1.Information on how to enter and the prizes form part of these terms and conditions. Submission of an entry in the "ING DIRECT Ultimate Music Experience Promotion" ("Promotion") is deemed acceptance of these terms and conditions.
2.The promotion commences 12:01am, (AEST) on 1 June 2011, and closes at 11:59pm (AEST) 21 September 2011 (unless extended at the Promoter's discretion) ("Promotion Period").
3.The Promotion is conducted by ING Bank (Australia) Limited (ABN 24 000 893 292) of 140 Sussex Street, Sydney, New South Wales, Australia (the "Promoter").
4.The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant who participates in the Promotion not in accordance with these terms and conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
5."Customer" means a customer of the Promoter during the Promotion Period who is an Australian resident aged 18 years or over.
Eligibility
6.Subject to clause 7, entry into the Promotion is only open to Eligible Entrants. An "Eligible Entrant" is a Customer who: a.holds or opens an Orange Everyday Account;
b.makes a purchase using their Orange Everyday Account Visa Debit Card (if that Orange Everyday Account is opened during the Promotion Period); and
c.have complied at all times with the Promoter's trading terms and conditions applicable to their Orange Everyday Account,
during the Promotion Period ("Eligible Entrants")
7.Entry is not open to directors and employees of the Promoter, and each of their immediate family members (including de-facto partners and children of those partners), and the retailers, suppliers, associated companies and associated agencies of the Promoter.
How to Enter
8.To enter the Promotion, an Eligible Entrant: a.who has opened an Orange Everyday Account before the Promotion Period, may: i.log-on to their Orange Everyday Account via the ING DIRECT website and click on the banner advertisement relating to the Promotion; or
ii.visit
www.ingdirect.com.au/music.
Eligible Entrants must then select only 1 of 5 Ultimate Music Experiences and are required follow other directions as set out on the relevant webpage. The Eligible Entrant will then receive 1 entry into the prize draw for that Ultimate Music Experience;
b.who has opened a Savings Maximiser Account before the Promotion Period, must visit
www.ingdirect.com.au/music (or follow the directions set out in the electronic message relating to the Promotion) where they must select only 1 of 5 Ultimate Music Experiences. Eligible Entrants are then directed to a webpage where they must apply for an Orange Everyday Account. The Eligible Entrant will receive 1 entry into the prize draw for that Ultimate Music Experience if they comply with Clause 6(b); or
c.who does not hold an Orange Everyday Account or a Savings Maximiser Account at the commencement of the Promotion Period, must visit
www.ingdirect.com.au/music where they must select only 1 of 5 Ultimate Music Experiences. Eligible Entrants are then directed to a webpage where they must apply for an Orange Everyday Account and a Savings Maximiser Account and then elect to bundle their Savings Maximiser Account. The Eligible Entrant will receive 1 entry into the prize draw for that Ultimate Music Experience if they comply with Clause 6(b) and make a deposit into their Savings Maximiser Account before the end of the Promotion Period.
Entries
9.Multiple entries are not permitted. Only one entry per Orange Everyday Account is permitted.
10.All entries become and remain the property of the Promoter.
Draw
11.There will be one prize for each of the 5 prize draws. The prize winner of a draw will randomly selected from the pool of valid entries in relation to that prize draw.
12.Prize draws will take place at Unit 10, 20 Ricketty Street, Mascot, NSW 2020 on 7 October 2011 at 2.00 pm (AEST).
13.The winners will be notified by phone within 2 business days of the draw date and then by mail, with their prize and name published in the Public Notices section of The Australian newspaper on Friday 30 October 2011.
14.The Promoter reserves the right to draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
15.If a prize remains unclaimed a second chance draw(s) will take place on 9 January 2012 at the same time and place as the original draw, subject to any law or directions from a regulatory authority. The winner(s) will be notified by phone within 2 business days of the draw date and then by mail, with their prize and name published in The Australian newspaper on 27 January 2012.
Prizes
16.There will be one prize for each of the 5 prize in draws. The prizes are: a.Go Backstage on Broadway ($28,128);
b.Rock and Roll Fantasy Camp ($34,834);
c.See a Music Idol Live in London ($33,667);
d.Coachella Music Festival ($31,228); and
e.BOSE Home Entertainment Package ($11,156.20).
17.The total prize pool is valued at up to the value of $139,013.20 depending on date and point of departure. The promoter accepts no responsibility for any change in the value of the prizes. All prize values are in Australian dollars.
18.The prizes are subject to the standard terms and conditions of the relevant prize provider(s).
19.If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any law or written directions from a regulatory authority.
20.A prize, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. If for any reason a winner does not take an element of the prize at the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited.
21.The details of the prizes are as follows:
Prize 1: Go Backstage on Broadway
Two (2) return economy class airfares from the winner's nearest Australian Capital City to New York City, NY, USA
Return airport transfers in New York City
Seven nights (7) nights luxury accommodation at the Crowne Plaza Times Square in New York City, NY, USA
Two (2) premium tickets to a Major Broadway Show
Private Backstage Tour of a Major Broadway Show for two (2) people
Exclusive meet and greet with the cast and crew of a Major Broadway Show
Travel Insurance
Prize 2: Rock and Roll Fantasy Camp
Two (2) return economy airfares from the winner's nearest Australian capital city to the USA
Return airport transfers in the USA
Six (6) nights four (4) star accommodation in the USA
Four (4) day "Rock Camp" fantasy experience
Travel Insurance
Prize 3: See a Music Idol Live in London
Two (2) return economy class airfares from the winner's nearest Australian capital city to the United Kingdom
Return airport transfers in the United Kingdom
Seven (7) nights four (4) star accommodation in the United Kingdom
Transfer from accommodation to concert
Premium tickets to see a music artist / or band live in concert as chosen by the winner from a selection available depending on the time of travel
Travel Insurance
Prize 4: Coachella Music Festival
Two (2) return economy class airfares from the winner's nearest Australian Capital City to Palm Springs, California USA
Return airport transfers in Palm Springs
Five (5) nights four (4) star accommodation in Indio, California
Two (2) V.I.P. Access All Areas passes to the Coachella Festival
Three (3) day festival shuttle passes for two (2) people
Travel Insurance
Prize 5: BOSE Home Entertainment System
Main Lounge Room inclusions: Lifestyle V35 Music System, Sony 50" High Definition TV with Blue Ray Player, AL8 Wireless Expansion Option
Outdoor Music Zone inclusions: 251 environmental speakers (black), Lifestyle SA-3 stereo amplifier (black), BOSE link AR1 homewide wireless audio receiver (black), RC-35S2 expansion remote control (black)
Bedroom inclusions: BOSE Wave music system (graphite grey), BOSE Wave connect kit for iPod
Prize Conditions
22.All holiday prizes include airfare taxes. Unless otherwise states in these Terms and Conditions, spending money, taxes (excluding airfare taxes), insurance, transport to and from departure point, items of person nature in-room charges and all other ancillary costs incurred as a result of taking part in the prize are not included.
23.The winner and companion of the holiday prizes must possess a valid Australian passport with a minimum of (6) six months validity from the date of scheduled return to Australia. It is the responsibility of the winner and their companion to ensure that they have full and correct documentation for travel. If the winner and/or companion is/are travelling on a passport other than an Australian passport, it is their responsibility to obtain an Australian Re-Entry permit
24.It is the responsibility of the winner and their companion to check any travel advisories issued by the Australian Department of Foreign Affairs and Trade and determine whether or not they will redeem the prize. The Promoter will not be responsible for any loss or damage suffered by the winner and their companion arising out of a failure by the winner and/or companion to follow any travel advisories issues by the Australian Department of Foreign Affairs and Trade or should the winner or companion not redeem a prize as a result of any such travel warning or advisory applies to a country and/or countries the subject of the prize.
25.If the prize involves travel to the United States of America, the prize winner and their accompanying traveller (if applicable) will be required to apply for an Electronic System for Travel Authorisation (ESTA). Applications must be submitted no later than three (3) days prior to the departure date. Should this form not be lodged by both the winner and their accompanying traveller (if applicable) within this time, they will be ineligible to enter the United States of America and will therefore forfeit the prize.
26.All prizes must be taken within 12 months of the draw. The prize must be taken when the prize event is valid and is subject to booking and flight availability. Where the prize involves the winner's attendance at or tickets to an event, if part of the event is cancelled, varied or rescheduled for any reason beyond the control of the Promoter, then at the Promoter's discretion, the winner and any accompanying guests will forfeit all rights to attend the relevant event and no alternative tickets or other compensation will be awarded in lieu of that element of the prize.
27.The winner and companion must depart from and return to the same departure point and travel together. Once flight dates have been confirmed by the prize provider/s no further changes will be allowed. The itinerary is to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. The prize is subject to the standard terms and conditions of individual prize and service providers. The winner and their companion may be required to present a credit card at time of accommodation check in.
28.The Promoter, prize provider and activity operators, in their absolute discretion, at all times reserve the right to: a.prevent any winner and/or their companion from participating in the event or activity if, at any time, they reasonably believe that they pose a safety risk or for any other reason; and/or
b.cancel the event or activity if the conditions are deemed dangerous.
c.vary and/or substitute the prize (or part thereof) without notice with a prize to the equal value and/or specification, subject to any written directions from a State and/or Territory regulatory authority.
29.As a condition of accepting any of the prizes, the winner and companion must sign any legal documentation as and in the form required by the Promoter and/or prize providers in their absolute discretion, including but not limited to a legal release and indemnity form.
Liability and Indemnity
30.The Promoter is not liable for any technical error that may occur during the Promotion that is outside of the Promoter's reasonable control. This includes, but is not limited to, any omission, interruption, deletion, defect or delay in operation or transmission or failure of any telephone, mobile or satellite network.
31.The Promoter excludes all implied conditions, warranties and terms, except those that cannot be excluded in law ("Non-excludable Condition"). The Promoter limits its liability for the breach of any Non-excludable Condition, at the Promoter's option, to any one of supplying or replacing, or paying the cost of supplying or replacing the goods or supplying again, or paying the cost of supplying again, the services in respect of which the breach occurred.
32.Except in relation to the breach of any Non-excludable Condition and any liability to a winner to provide a prize or a substitute prize subject to these terms and conditions, the Promoter (including its officers, employees and agents) excludes all liability (including in negligence) for any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: a.any technical difficulties or equipment malfunction (whether or not under the Promoter's control);
b.any theft, unauthorised access or third party interference;
c.any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
d.any tax liability incurred by a winner or entrant;
e.participation in the prize;
f.a winner's and/or companion's personal injury, including while participating in a prize.
Personal Information
33.The name and photograph of the winners may be used for promotional purposes by Promoter, unless a winner otherwise notifies the Promoter at the time of accepting their prize.
34.The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including, but not limited to, prize suppliers and as required, to Australian regulatory authorities. Entry is conditional on providing this information.
35.Unless otherwise advised, the Promoter may also use the personal information for promotional, marketing and publicity purposes including sending electronic messages. Eligible Entrants should direct any request to access, update or correct information to the Promoter.
General
36.The Promoter's decision is final and no correspondence will be entered into.
37.If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.
38.In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion, subject to any written directions from a relevant State and/or Territory regulatory authority.
39.If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
40.It is a condition of accepting any prize that, if requested by the Promoter, a prize winner must verify by statutory declaration that their winning entry complies with, and they agree to be bound by, these terms and conditions.
41.An entrant may at any time request that he or she be withdrawn from the Promotion, and the Promoter must use its reasonable efforts to withdraw the entrant as soon as practicable.
42.The agreement created under these terms and conditions is subject to the laws of New South Wales, and entrants and the Promoter submit to the non-exclusive jurisdiction of the courts of that State.
43.If a provision of these terms and conditions is invalid, illegal or unenforceable, then to the extent of the invalidity, illegality or unenforceability, that provision must be ignored in the interpretation of these terms and conditions. All other provisions of these terms and conditions remain in full force and effect.
44.The Promoter accepts no responsibility for any tax implications including but not limited to tax liability assessed under section 26AJ of the Income Tax Assessment Act 1936 and capital gains tax that may arise from the prize winnings. Independent financial advice should be sought.
45.Authorised under NSW Permit No. LTPS/11/4634, VIC Permit No. 11/1026, ACT Permit No. TP11/1997, SA Permit No. T11/990.
Australian Competitions Club
