DEFINITIONS
The following definitions apply to these Terms and Conditions:
“Closing Date” means 23:59hrs on Thursday 12 July 2012.
“Commencement Date” means 00:01hrs on Monday 25 June 2012.
“Entrant” means a person or school that enters the Promotion.
“Final Determination” has the meaning set out in clause 36.
“Final Determination Date” means 09:00hrs on Tuesday 24 July 2012.
“First Round Determination” has the meaning set out in clause 34.
“First Round Determination Date” means 14:00hrs on Friday 13 July 2012
“Prize” means the prize offered in the Promotion.
“Promoter” means Foxtel Management Pty Ltd (FOXTEL) ABN 65 068 671 938, of 5 Thomas Holt Drive, North Ryde, NSW, 2113.
“Promotion” means this competition.
“Promotion Period” means the period between the Commencement Date and the Closing Date.
“Relevant Parties” means the Promoter and the agencies and companies that are associated with the Promoter or the Promotion.
“Supplier” means the supplier of the Prize.
“Website” means the FOXTEL Sporting Chants website, located at
www.foxtelsportingchants.com.
“Winner” means the Entrant who wins the Prize, including in the Unclaimed Prize Determination.
“Unclaimed Prize Determination” has the meaning set out in clause 39.
“Unclaimed Prize Determination Date” means Wednesday 22 August 2012.
All times and dates are times and dates in Sydney, which may be AEST or AEDT depending on the date. All times are stated using the 24-hour clock. 00:00hrs is the start of a day and 24:00hrs is the end of a day.
PARTICIPATION
The Promotion is conducted by the Promoter.
The Promotion is a game of skill, and chance plays no part in determining the Winner.
Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, Entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the Prize if they are the Winner.
All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.
This Promotion will be advertised on:
www.foxtelsportingchants.com.au; www.foxtel.com.au; www.theroar.com.au; www.novafm.com.au; NOVA radio nationally;
www.facebook.com/followthegames; www.twitter.com/followthegames; and
www.twitter.com/foxtelsportingchants.
An Entrant is eligible to win the Prize if they:
are a permanent resident of Australia; and
are over the age of 18, or, if under the age of 18, have their parent’s or guardian’s permission before entering the Promotion;
and are not:
employees of:
the Promoter, AUSTAR, Optus, or Telstra;
the Supplier;
any corporations or agencies related to the entities in paragraphs (i) and (ii) above; or
any of the Relevant Parties; or
a spouse, de facto spouse, parent, child or sibling (whether natural or by marriage or adoption) of a person who is an employee of any of the entities listed in paragraph (c) above.
Entry to the Promotion commences on the Commencement Date and closes on the Closing Date.
ENTRY
To enter the Promotion, an Entrant must, during the Promotion Period:
go to the Website;
click on the “Chant Comp” link;
complete all of the required data entry fields on the entry form; and
upload a video of their chant (the “Entry Material”):
on YouTube and then insert the video URL in the field on the Website; or
direct to the Website in the field provided.
The Entry Material must be no longer than 2 minutes in length and must be in one of the following formats:
WebM files;
MPEG4, 3GPP, MOV files;
AVI;
MPEGPS;
FLV; or
WMV.
The Entry Material should include original music only and the Sporting Chants cover sheet which is located on the Website should be displayed for 5 seconds at the beginning of the Entry Material.
In accordance with the YouTube Terms of Service located at
http://www.youtube.com/t/terms, Entrants under 13 years of age must have a parent or guardian upload their Entry Material on their behalf.
An Entrant’s entry must not be:
late;
delayed;
incomplete;
incomprehensible;
unlawful;
obscene;
defamatory;
libellous;
threatening;
pornographic;
harassing;
hateful;
racially or ethnically offensive;
capable of encouraging conduct that would be considered a criminal offence;
capable of violating any law; and/or
capable of giving rise to civil liability.
Any Entry Material that breaches clause 14 will not be broadcast on the Website, and the Entrant will be disqualified from the Promotion. The Promoter will decide whether any Entry material breaches clause 14 in its sole discretion. The Promoter’s decision is final and no correspondence will be entered into.
Entrants may enter the Promotion multiple times over the Promotion Period. However each Entry Material must be original and unique.
Entrants warrant to the Promoter that their Entry Material is original and does not infringe any third party intellectual property rights including trademark, copyright and moral rights.
Entrants must ensure that no brand logos are visible in their Entry Material.
Entrants retain all ownership in their Entry Materials. However, by submitting their Entry Material, Entrants hereby grant the Promoter an irrevocable, non-exclusive, worldwide, royalty free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the Entry Material for the purposes of conducting and promoting this Promotion and advertising and marketing the Promoter on all media now know or later devised, in perpetuity.
By entering the Promotion, Entrants irrevocably waive any and all moral rights they have in the Entry Material they submit, and consent to the Promoter and Supplier doing or failing to do any act in relation to the Entry Material that may, except for this clause, infringe an Entrant’s moral rights in the Entry Material including, without limitation:
exercising any of the rights in the Entry Material without identifying the Entrant; and
using the Entry Material in any way that the Promoter sees fit, even if it results in derogatory treatment of the Entry Material (as defined in the Copyright Act 1968 (Cth).
The Promoter will, in its absolute discretion, select the entries to be broadcast on the Website. The Promoter reserves the right to disqualify from the Promotion and refuse to broadcast on the Website, any Entry Material that the Promoter reasonably believes infringes any third party’s intellectual property rights.
Editing tools will not be provided and video editing after submission is not allowed.
Entrants agree that their Entry Material may receive exposure on any media and will be subjected to comments and popularity ratings from the public at large. The Promoter is not responsible for, and will not be liable for any claim arising out of, any critical or derogatory remarks posted by the public pertaining to an Entrant, including any claim arising in defamation.
Any cost associated with producing the Entry Material will be the responsibility of the Entrant.
Entrants must ensure that their entries are received by the Promoter during the Promotion Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the Entrant. The Promoter takes no responsibility for late, lost or misdirected entries or for any delays or failures in any telecommunications services or equipment.
Entry via the Website is free. However, any costs associated with accessing the Website are the responsibility of the person seeking access and are dependent on the internet service provider used.
Entrants must make their Website entries manually using an internet browser. The Promoter may reject an entry if it reasonably forms the opinion that the entry has been made using automated entry means or by use of a computer entry service.
Should an Entrant’s contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Determination Date, that Entrant must notify the Promoter of their correct contact details immediately.
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:
hand over to the Promoter any receipt (if applicable) issued at the point of entering; and
allow the Promoter to inspect and copy any other documents the Promoter may request establishing eligibility to enter the Promotion, including but not limited to evidence of age, residence and/or identity.
The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that the Winner cannot provide suitable proof of eligibility, they will forfeit the Prize in whole and no substitute or compensation will be offered.
Any entry that is made on behalf of an Entrant by a third party, or otherwise by proxy, will be invalid.
The Promoter may, at its absolute discretion, declare any or all entries made by an Entrant to be invalid if the Entrant:
fails to establish their entitlement to win the Promotion to the Promoter’s satisfaction; or
fails to produce items as required by Condition 29 or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or
has submitted an entry that is not in accordance with these Terms and Conditions.
WINNERS
There will be one 1 x Winner determined from all entries received during the Promotion Period. The Winner will receive the Prize.
First Round Determination
The Promoter will select 4 x Entrants to go through to the Final Determination (the “Finalists”). The Finalists will be selected by the Promoter on the First Round Determination Date at 5 Thomas Holt Drive, North Ryde, NSW, 2113 (the “First Round Determination”). The Finalists will be judged on:
the creativity of their Entry Material;
the popularity of their Entry Material (the number of public votes received on the Website); and
the Entrant’s enthusiasm, passion and performance.
The Finalists will be notified by the Promoter on Monday 16 July 2012 by telephone.
Final Determination
There will be 1 x Winner determined from the 4 x Finalists (the “Final Determination”). The Winner will be determined by the Promoter on the Final Determination Date at 5 Thomas Holt Drive, North Ryde, NSW, 2113.The Winner will be judged on the criteria set out in clause 34. The Winner will be the Entrant who, in the sole opinion of the judges, submitted the most creative Entry Material.
The Promoter’s decisions are final and no correspondence will be entered into.
The Winner will be notified by phone within 1 day of the Final Determination Date.
All reasonable attempts will be made to contact the Winner. Subject, where relevant, to any directions given under the legislation regulating the Promotion, if the Prize is:
not claimed by the Winner by 09:00hrs on the Unclaimed Prize Determination Date; or
forfeited for any reason,
the Prize will be awarded to another Finalist in an unclaimed prize determination (the “Unclaimed Prize Determination”), which will take place at 12:00hrs on the Unclaimed Prize Determination Date and will be conducted by the Promoter, 5 Thomas Holt Drive, North Ryde, NSW 2113. The Winner of the Unclaimed Prize Determination will be notified by telephone within 24 hours of the Unclaimed Prize Determination Date.
PRIZES
The Prize is AUD $10,000.00.
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A MAXIMUM OF $10,000.00
The Prize is in Australian dollars.
If the Prize is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification. The Promoter accepts no other liability or responsibility for any loss incurred by the Winner or any other party if the Prize is unavailable for any reason.
The Prize may be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow the Winner to transfer the Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.
The Winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to accepting the Prize.
Once the Prize has left the Promoter’s/Supplier’s premises, the Promoter and the Relevant Parties will not be responsible for any delay in delivery or loss or damage to the Prize.
If the First Round Determination Date, the Final Determination Date or Unclaimed Prize Determination Date is a public holiday, the determination will be conducted on the following business day.
The Prize will be awarded to the person named in the winning entry. If the Entrant is a school, the Prize will be awarded to the school named in the winning entry. The school would be named the Winner not the person who submitted the Entry Material.
The Prize will be issued to the Winner as a cheque in the Winner’s name and crossed “not negotiable.”
If the 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. The Prize will be issued in the name of the Winner’s parent or legal guardian and crossed “not negotiable.” It is the responsibility of the Winner’s parent or legal guardian to prove their parental status or legal guardianship at the time of taking the Prize.
GENERAL
The Promoter reserves the right to take any action necessary in its sole discretion at any time.
To the full extent permitted by the law, the Promoter and the Relevant Parties will not be liable for any loss, damage, claim, cost, expense or personal injury suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any Entrant in connection with the Promotion or the Prize, including:
any indirect, economic or consequential loss or loss of profits;
any loss arising from the negligence of a Relevant Party; and
any liability for personal injury or death.
To the full extent permitted by the law, each Entrant agrees to indemnify and hold harmless the Promoter, its directors, employees and agents, from and against any and all claims, damages, obligations, liabilities, costs and expenses (including but not limited to legal fees) arising from that Entrant’s violation of any third party intellectual property rights, including but not limited to any copyright, property or privacy right.
Entry and continued participation in the Promotion is dependent on Entrants’ acting in accordance with the YouTube Terms of Service, available at
http://www.youtube.com/t/terms.
This Promotion is in no way sponsored, endorsed, or administered by, or associated with, YouTube. Any questions, comments or complaints about this Promotion must be directed to the Promoter (not YouTube) at the address given in clause 1 of these Terms and Conditions.
If, for any reason, the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of the Promoter that corrupt or affect the administration, security, fairness or integrity, or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or take any other action, including to cancel, terminate, modify, or suspend the Promotion subject to any direction given under the relevant State/Territory permit regulations.
The Winner acknowledges that the Prize may be subject to additional terms and conditions imposed by third parties. The Winner must become acquainted with any such additional terms and conditions prior to taking the Prize. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, or for the breach of those conditions by any person.
Except for any liability which cannot be excluded by law, the Promoter is not responsible for:
any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Promotion;
any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; or
any error; omission; interruption; deletion; defect; delay in operation or transmission; communications line failure; theft; or destruction or unauthorised access to, or alteration of, entries or Entrants’ details.
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.
These Terms and Conditions are governed by the laws of New South Wales.
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.
All entries become the property of the Promoter.
PRIVACY
Your privacy is important to us. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected by or on behalf of the Promoter to enable it to administer the Promotion, publicise its Winner, and send Entrants marketing information where Entrants have consented. Entrants’ personal information may be disclosed to marketing and communications agencies, Prize suppliers and Prize deliverers in order to conduct this Promotion. Personal information about Entrants may also be disclosed to the authorities responsible for the regulation of gaming and lotteries. The Winner‘s name will be published and retained as required by relevant legislation and as specified in these Terms and Conditions. Entrants can contact the Promoter by mail at PO Box 612, Moonee Ponds, Victoria, 3039 or by telephone on 131999 to request access to, or corrections of, any of the personal information that the Promoter holds about them. Entrants can access a copy of the Promoter’s Privacy Policy at
http://www.foxtel.com.au/privacystatement.htm.
