ESPN Australia / NZ
ESPN NBA Finals
Terms and Conditions 
1. Information on how to enter forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions.
2. Entry is only open to all residents of Australia who are aged 13 years and over. Entrants under the age of 18 must obtain the prior permission of a parent or guardian over the age of 18 to enter. Employees and their immediate families of ESPN Australia / NZ [part of the Walt Disney Company (Australia) Pty Ltd)], Salmat IDR Pty Limited, FOXTEL Management Pty Ltd, AUSTAR Entertainment Pty Ltd, NBA and their associated agencies and companies are not eligible to enter.
3. Entrants must hold a valid Australian passport with a minimum 6 month validity from the date of departure.
4. The competition commences on Wednesday 18 April 2012 at 09:00 (AEST) and concludes on Thursday 24 May 2012 at 17:00 (AEST).
5. The competition will be advertised on ESPN Channel, Facebook and via the ESPN websites: ESPNSoccernet.com, ESPNScrum.com, ESPNCricinfo.com, ESPNF1.com, ESPNFootytips, ESPN.com and ESPN.com.au.
6. To enter the promotion, Entrants must:
a) log onto
http://www.facebook.com/ESPNAusNZ; and
b) become a fan of the ESPN Australia / NZ Facebook page; and
c) click on the ”WIN” tab and then the ”NBA Finals‟ application; and
d) complete the simple interactive game; and
e) register their entry details including (but not limited to) name, address, phone number and e-mail address.
7. There is a limit of one entry per person over the entire Promotional Period. After successfully completing the entry form and submitting their entry, entrants will have the opportunity to share the competition link. There are three share options available, entrants will receive one bonus entry per share option they complete (which constitutes a maximum of 3 bonus entries per person).
8. Incomprehensible and incomplete entries will be deemed invalid.
9. The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity in order to claim a prize. Proof of identification, residency and entry considered 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.
10. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
11. Entries must be received by 17:00 (AEST) on Thursday 24 May 2012. The time of entry will in each case be the time the Facebook entry is received by the Salmat IDR
database. The Promoter accepts no responsibility for any late, lost or misdirected entries not received by the Promoter or delays in the delivery due to any other reason.
12. To successfully enter the competition, an entrant must enter their own personal details into the competition. If an entry is entered on behalf of the participant by a third party, then that entry will be invalidated. The Promoter may reject an entry if it reasonably forms the opinion that the entry has been made using automated entry means or by use of a computer entry service.
13. The cost of accessing the promotional website will be dependent on the entrant’s individual Internet Service Provider.
14. 207 instant winner prizes will be available to random valid entrants. Participants will be notified during their team registration via return email if they are an instant winner and what prize they have won. Instant winners will be issued a six digit unique Prize Claim Number as determined by the Salmat IDR Pty Limited Instant Win system. The unique six digit Prize Claim Number will need to be recorded by the participant for prize verification purposes. In the event of any dispute with the Promoter, or at the Prompter’s request, Instant Winners will be required to correctly quote their unique Prize Claim Number to be awarded their prize. The Promoter reserves the right to withhold the awarding of an instant prize to a participant who cannot provide a valid, unique Prize Claim Number. Any un-won prizes will be awarded during the second chance draw.
15. Only one instant win prize per person will be awarded (SA residents are entitled to win more than one prize). In the event that an entrant wins more than one instant prize, the first instant prize won will be awarded and the remaining prizes will be drawn. An instant winner may also be drawn as the major winner.
16. At the conclusion of the competition all entrants will be entered into a second chance draw to win the major prize and any un-won instant win prizes. The draw will take place at the premises of Salmat IDR Pty Limited, Level 2, 116 Miller Street, North Sydney NSW 2060 at 09:30 (AEST) on Friday 25 May 2012. All winners will be notified in writing within two days of this draw date. The winners of prizes valued over $250 will be published in the public notices section of The Australian Newspaper on Monday 28 May 2012. The major winner will also be announced on the ESPN Australia / NZ Facebook page.
17. Subject to State Regulation, the Promoter shall conduct such further draws as may be necessary at Salmat IDR Pty Limited, Level 2, 116 Miller Street, North Sydney NSW 2060 at 09:00am (AEST) on Tuesday 29 May 2012 to distribute the major prize if unclaimed by that date. The winners will be notified in writing within two days of this draw date. The winners will be published in the public notices section of The Australian Newspaper on Wednesday 30 May 2012. The winner will also be announced on the ESPN Australia / NZ Facebook page.
18. Subject to State Regulation, the Promoter shall conduct such further draws as may be necessary at Salmat IDR, Level 2, 116 Miller Street, North Sydney, NSW 2060 at 11:30 (AEDT) on Monday 27 August 2012 to distribute any instant win prizes unclaimed by that date. Any winners will be notified in writing within two days of this draw date. The winners of prizes valued over $250 will be published in the public notices section of The Australian Newspaper on Monday 3 September 2012.
19. If any particular draw is scheduled on a public holiday, the draw will be conducted on the following business day.
20. Instant Win Prizes: There will be 207 x instant win prize winners. The instant win prize pool includes:
Description Max value Quantity Total
If the instant win prize winner lives in a FOXTEL serviceable area:
1 x FOXTEL Get Started package plus Sports tier subscription for 12 months (the “FOXTEL Subscription”), valued at $732.00 (the “Subscription Credit”) and 1 x single standard metro FOXTEL iQ installation and upgrade, valued at $100.00 (the “Installation Fee”).
OR
If the instant prize winner lives in an AUSTAR serviceable area:
1 x 12 month subscription to AUSTAR including the Starter Pack plus the Sports and Sports Extra packages (the „AUSTAR Subscription‟), valued at $852 (including standard residential installation) (“Subscription Credit”).
Additional details and FOXTEL and AUSTAR terms and conditions outlined in clause 23.
Please note: Entrants must live in the relevant FOXTEL or AUSTAR serviceable area to fulfil this prize.
$852
2
$1,704.00
ESPN beach tents
$15.00
150
$2,250.00
ESPN Wall Clocks
$15.00
5
$75.00
ESPN T-shirts
$10
10
$100.00
ESPN caps
$10
20
$200.00
ESPN Water Bottles
$2
20
$40.00
Total instant winner prize pool is valued at $4,369.00
21. There is one (1) major prize. The major prize winner will receive the following:
2 x return economy class airfares from winners nearest Australian State Capital City to the USA (the destination city is dependent on the location of the NBA Finals, this location will be confirmed by the Promoter), including taxes and checked luggage allowance
2 x tickets to the NBA Finals, which will be held between 11 – 27 June 2012
Return transfers airport/hotel for 2 people
4 x night’s accommodation in a minimum 4 star Hotel for 2 people
Return NBA Finals/hotel transfers for 2 people
The total major prize pool is valued at a maximum of $10,000.00.
22. The total prize pool is valued at a maximum of $14,369.00.
23. Additional FOXTEL and AUSTAR Terms and Conditions:
a) FOXTEL/AUSTAR and some FOXTEL/AUSTAR services are not available to all homes.
b) In the instance that a winner’s home is not in a FOXTEL or AUSTAR serviceable area (an “Un-serviceable Winner”), then that winner may choose to:
i) transfer the prize to a nominated person who is eligible to take the prize; or
ii) forfeit the prize.
c) In the instance that a winner is an “Optus TV featuring FOXTEL” or “FOXTEL from Telstra” subscriber (an “Ineligible Winner”), that winner is not eligible to accept the prize as a credit to their account, but they may choose to either:
i) transfer the prize to a nominated person who is eligible to take the prize; or
ii) forfeit the prize.
d) Ineligible Winners or Un-serviceable Winners will not receive a substitute prize or cash in lieu.
e) In the instance that a winner is under 18 years of age, the prize will be awarded to the winner’s parent or legal guardian on behalf of the winner. It is the responsibility of the winner’s parent or legal guardian to prove their parental/guardian status at the time of taking the prize and to assume the role of the winner.
f) The following terms and conditions apply to winners who are eligible to take the FOXTEL Subscription:
i) The prize is subject to the FOXTEL Residential Subscription Agreement.
ii) Installation is a single standard metro FOXTEL iQ installation only. Winners are responsible for any additional installation costs that may be incurred.
iii) A credit will be applied to the winner’s FOXTEL account in the amount equivalent to the Subscription Credit. The Subscription Credit is non-refundable and not redeemable for cash.
iv) In the instance that a winner is already a FOXTEL iQ subscriber, the Subscription Credit will be applied to that winner’s FOXTEL account and they will forfeit the Installation Fee. No substitute will be offered.
v) FOXTEL On Demand charges, Main Event charges and other incidental charges are not included in the Prize and are charged in addition to subscription fees, and will be subtracted from the Subscription Credit as incurred by the winners.
vi) Once the Subscription Credit is insufficient to cover fees and charges, the winners will be responsible for all additional fees and charges.
vii) The winners are responsible for checking the amount of credit on their account.
viii) The winners must set up Easypay (direct debit) on their FOXTEL account.
ix) If for any reason a winner cancels their FOXTEL Subscription, any remaining Subscription Credit will be forfeited and cash will not be provided in lieu.
x) The winners must provide FOXTEL with at least 31 days notice before the end of the subscription period (or earlier if the Subscription Credit is insufficient to cover the charges) if a winner wishes to terminate or change their subscription package, otherwise that winner will incur on-going subscription fees reflective of the Subscription Credit.
g) The following terms and conditions apply to winners who are eligible to take the AUSTAR Subscription:
i) The prize is subject to the AUSTAR Residential Subscription Agreement.
ii) Installation is a standard residential AUSTAR installation only. Winners are responsible for any additional installation costs that may be incurred.
iii) A credit will be applied to the winner’s AUSTAR account in the amount equivalent to the Subscription Credit. The Subscription Credit is non-refundable and not redeemable for cash.
iv) In the instance that a winner is already an AUSTAR subscriber, the Subscription Credit will be applied to that winner’s AUSTAR account. No substitute will be offered.
v) Once the Subscription Credit is insufficient to cover fees and charges, the winners will be responsible for all additional fees and charges.
vi) The winners are responsible for checking the amount of credit on their account.
vii) The winners must set up Easypay (direct debit) on their AUSTAR account.
viii) If for any reason a winner cancels their AUSTAR Subscription, any remaining Subscription Credit will be forfeited and cash will not be provided in lieu.
ix) The winners must provide AUSTAR with at least 30 days notice before the end of the subscription period (or earlier if the Subscription Credit is insufficient to cover the charges) if a winner wishes to terminate their subscription, otherwise that winner will incur on-going subscription fees reflective of the Subscription Credit
24. Prizes cannot be transferred and cannot be redeemed for cash.
25. The winner/s (and their companion/s) is/are responsible for all other expenses including spending money, meals (unless specified), drinks, transfers (unless specified), laundry charges, activities (unless specified), incidentals, taxes (excluding departure and any other flight associated taxes included within the prize), 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.
26. The winner/s and travelling companions must travel at the same time, must depart from the same capital city and are responsible for transport from their residence to their nearest capital city for flight departure (Sydney, Melbourne, Brisbane, Adelaide, Perth, Canberra, Darwin and Hobart). Flights might not be direct.
27. If the winner/s is under the age of 18 as at the date of the draw, an adult must accompany the minor in the participation of the prize.
28. The specific dates of the NBA Final will be confirmed by the Promoter. Travel must be taken at the time specified by the promoter and must coincide with the dates of the scheduled NBA Finals, which will be held between 11 – 27 June 2012. All travel arrangements, return economy flights, accommodation, transfers and tickets to the NBA Finals including dates, times, logistics and mechanics are at the discretion of the Promoter and must be taken as specified by the Promoter. If a winner and travelling companion are, for whatever reason, unable to travel on a nominated date, or do not take an element of the prize within the time stipulated by the Promoter then that element of the prize will be forfeited by the winner. Cash will not be awarded in lieu of the prize or element thereof
29. Air tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. Flight itinerary may have to be adjusted depending on the airlines departure city and their current flight schedule. Frequent Flyer points are not available from any airline.
30. A credit card imprint or cash deposit may be required from the winner at check-in to the hotel, for all incidental charges. Once accommodation vouchers are issued they are non-changeable.
31. It is the traveller’s personal responsibility to ensure that they have valid documentation, including but not limited to valid passports and visas, which meet the requirements of immigration and other government authorities at every destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the traveller/s.
32. ESPN Australia / NZ [part of the Walt Disney Company (Australia) Pty Ltd)], Salmat IDR Pty Limited, FOXTEL Management Pty Ltd, AUSTAR Entertainment Pty Ltd and NBA make no representation as to the safety, conditions or other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the Australian Department of Foreign Affairs and Trade.
33. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State Regulation right to substitute the prize for a prize of equal or greater value, subject to State Regulation.
34. The promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, 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. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the promoter in its absolute discretion.
35. Once prizes have left the Promoter’s premises, the Promoter takes no responsibility for prizes damaged, delayed or lost in transit.
36. 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.
37. 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 ESPN Australia / NZ 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.
38. 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.
39. 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.
40. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.
41. Programming and other quality control errors will not invalidate an otherwise valid prize claim.
42. Unless otherwise due to fraud or ineligibility under these conditions of entry, all existing claims for prizes and entitlements to claims will be met notwithstanding the advertised prize pool has been exceeded.
43. Prizes will be awarded to person named in the entry.
44. 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.
45. The promoter’s decision is final and the promoter will not enter into correspondence regarding the Competition result.
46. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements.
47. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the promoter in its absolute discretion.
48. 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.
49. 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 except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by 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 satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
50. 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 promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
51. The Competition and Consumer Act 2010 (Cth) as well as other laws in Australia may imply certain conditions, warranties and undertakings, and give you other legal rights. If they apply, these cannot be modified or excluded by any contract. You may consider seeking legal advice as to whether they apply to you.
52. Nothing in these terms and conditions generally affects your rights under Australian consumer law (as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and equivalent State and Territory fair trading legislation) regarding consumer guarantees to the extent that such consumer guarantees cannot be excluded by law. Other than these consumer guarantees, and subject to clause 50, the Promoter makes no warranties about any prizes offered as part of the competition, including warranties as to the quality, merchantability or fitness for purpose of such prizes.
53. ESPN Australia / NZ [part of the Walt Disney Company (Australia) Pty Ltd)], Salmat IDR Pty Limited, FOXTEL Management Pty Ltd, AUSTAR Entertainment Pty Ltd and NBA 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.
54. 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 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, and to cancel, terminate, modify or suspend the competition, subject to any written direction given under State Regulation.
55. All entries become the property of The Promoter. All opt-in entries will be entered into a database and The Promoter may use the entrant’s names, addresses and telephone numbers for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the entrant. By opting-in, entrants confirm that they allow their details to be used for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact The Promoter on their details set out below. Any request to update, modify or delete the entrant’s details should be directed to The Promoter.
56. Salmat IDR Pty Limited, on behalf of ESPN Australia / NZ [part of the Walt Disney Company (Australia) Pty Ltd)] is collecting the entrant's personal information for the purpose of conducting and promoting this competition (including but not limited to determining the winner). The entrant's personal information may be disclosed to Salmat IDR Pty Limited for this purpose. If you are not willing for this to occur you cannot participate in the Promotion.
57. Entrants’ personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation. For purposes of public statements and advertisements the Promoter will only publish the winner’s surname, initial and state. A request to access, update or correct any information should be directed to the Promoter.
58. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook.
59. All entrants unconditionally and irrevocably release and discharge Facebook from any and all liability in relation to this Promotion.
60. Entry and continued participation in the Promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at
http://www.facebook.com/terms.php61. This promotion adheres to the terms and conditions set out in the Facebook promotion guidelines which can be found at:
http://www.facebook.com/promotions_guidelines.php62. The Promoter is ESPN Australia / NZ [part of the Walt Disney Company (Australia) Pty Ltd], (ABN: 30 054 610 025) of Level 3, 68 York Street, Sydney, NSW 2000, Australia.
Authorised under NSW permit no: LTPS/12/02645, VIC permit no: 12/747, ACT permit no: TP 12/01211, SA permit no: T12/598.
Australian Competitions Club
