https://www.facebook.com/FOXTEL/app_490613320979269FOXTEL GO
TERMS & CONDITIONS
DEFINITIONS
1. The following definitions apply to these Terms and Conditions:
a)
“Closing Date” means 16:00hrs on Thursday 15
th
November 2012.b) “Commencement Date” means 09:00hrs on Thursday 1
st
November 2012.
c) “Draw Date” means 09:00hrs on Friday 16
th
November 2012.
d) “Entrant” means a person who enters the Promotion.
e) “Prize” means a prize offered in the Promotion. “Prizes” means all the prizes
offered in the Promotion.
f) “Promoter” means Foxtel Management Pty Ltd ABN 65 068 671 938, of 5
Thomas Holt Drive, North Ryde, NSW, 2113.
g) “Promotion” means this competition.
h) “Promotion Period” means the period between the Commencement Date and
the Closing Date.
i) “Publication Date” means Friday 23 November 2012.
j) “Relevant Parties” means the Promoter and the agencies and companies that
are associated with the Promoter or the Promotion.
k) “Supplier” means the supplier of the Prizes.
l) “Website” means the official Foxtel Facebook Page located
www.facebook.com/FOXTEL.
m) “Winner” means an Entrant who wins a Prize, including in the Unclaimed
Prize Draw.
n) “Unclaimed Prize Draw” has the meaning set out in clause 26.
o) “Unclaimed Prize Draw Date” means Friday 15 February 2013.
p) “Unclaimed Publication Date” means Friday 22 February 2013.
2. 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
3. The Promotion is conducted by the Promoter.
4. The Promotion is a game of chance, and skill plays no part in determining the
Winners.
5. 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 a Prize if they are a
Winner.
6. All entry instructions and prize information published by the Promoter form part of
these Terms and Conditions.
7. This Promotion will be advertised on the Foxtel Facebook page.
8.
An Entrant is eligible to win a Prize if they:
a) are a permanent resident of Australia; and
b) are a Foxtel or Foxtel from Telstra subscriber, or live in a household with a
Foxtel or Foxtel from Telstra subscription and have the subscriber’s
permission to enter the Promotion, and the subscription account is not in Foxtel Management Pty Ltd Blanket Permit
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arrears from the Commencement Date until the Unclaimed Prize Draw
Date; and
c)
are over the age of 18;and are not:
d) employees of:
i. the Promoter, Optus, or Telstra;
ii. the Supplier;
iii. any corporations or agencies related to the entities in paragraphs (i)
and (ii) above; or
iv. any of the Relevant Parties; or
e) 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 (d) above.
9. Entry to the Promotion commences on the Commencement Date and closes on
the Closing Date.
ENTRY
10. To enter the Promotion, an Entrant must, during the Promotion Period:
a) go to the official Foxtel Facebook Page; and
b) click on the ‘WIN!’ tab and then the ‘Foxtel GO’ application; and
c) complete all of the required data entry fields in the application.
11. An 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.
12. An Entrant may only enter the Promotion once during the Promotion Period.
13. Only 1 Prize will be awarded per person over the entire Promotion Period
(excluding SA residents).
14. 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 due to technical disruptions,
network congestion or for any other reason. Foxtel Management Pty Ltd Blanket Permit
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15. 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.
16. 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.
17. Should an Entrant’s contact details change at any time between the date on
which they enter the Promotion and the Unclaimed Prize Draw Date, that Entrant
must notify the Promoter of their correct contact 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 the Promotion,
including but not limited to evidence of age, residence and/or identity.
19. The Promoter may decide in its sole discretion which documents are considered
suitable for establishing eligibility to enter or win. In the event that a Winner
cannot provide suitable proof of eligibility, that Winner will forfeit their Prize in
whole and no substitute or compensation 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 win the Promotion to the Promoter’s
satisfaction; or
b) fails to produce items as required by Condition 18 or produces items that
appear to be 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.
WINNERS
22.
There will be 10 Winners drawn from all entries received during the Promotion
Period. Each Winner will receive 1 Prize.23. The Winners will be drawn electronically on the Draw Date by Salmat IDR, 116
Miller Street, North Sydney, NSW, 2060.
24. The Promoter’s decisions are final and no correspondence will be entered into.
25. The Winners will be notified by phone and mail within 2 days of the Draw Date.
The Winners’ names will be published in The Australian newspaper on the
Publication Date.Foxtel Management Pty Ltd Blanket Permit
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26. All reasonable attempts will be made to contact the Winners. Subject, where
relevant, to any directions given under the legislation regulating the Promotion, if
a Prize is:
a) not claimed by the Winner by 9:00hrs on the Unclaimed Prize Draw
Date; or
b) forfeited for any reason,
the Prize will be awarded to another Entrant in an unclaimed prize draw (the
“Unclaimed Prize Draw”), which will take place at 10:00hrs on the Unclaimed
Prize Draw Date and will be conducted by Salmat IDR at Level 2, 116 Miller
Street, North Sydney NSW 2060. The Winner/s of the Unclaimed Prize Draw will
be notified by telephone and mail within 2 days of the Unclaimed Prize Draw
Date. The name/s of the Unclaimed Prize Winner/s will be published in The
Australian newspaper on the Unclaimed Publication Date.
PRIZES
27.
Each Prize is 1 x Apple iPad 2 (16GB, Wi-Fi) in black, valued at a maximum of
$499.00.
THE TOTAL PRIZE POOL FOR THIS PROMOTION IS VALUED AT A
MAXIMUM OF $4,990.0028. All Prize values are correct as at 24 October 2012 and are reflective of the
recommended retail price and are in Australian dollars. The Promoter takes no
responsibility for any variations in the Prize values.
29. If any 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, 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 any Winner or any other party if any Prize is
unavailable for any reason.
30. Prizes cannot be refunded or exchanged and, except as expressly permitted by
these Terms and Conditions, cannot be taken as a monetary payment.
31. Prizes may be transferred at the Promoter’s sole discretion. In the event that the
Promoter exercises its discretion to allow a Winner to transfer a 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.
32. Winners are advised that tax implications may arise from them winning a Prize
and they should seek independent financial advice prior to accepting a Prize.
33. Once a 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.
34. If the Draw Date or Unclaimed Prize Draw Date is a public holiday, the draw will
be conducted on the following business day.
35. Prizes will be awarded to the people named in the winning entries.
36. Foxtel Go is only available to Foxtel Residential Cable & Satellite customers with
a STU, excluding Optus TV featuring Foxtel customers. You must subscribe to a
channel (or relevant tier) in your residential pack to access content available from
that channel. Foxtel Go requires iPad running operating system v5.0 and higher.
Recommended internet speeds apply. Internet connection required. ISP and data
charges may apply. Video quality may vary according 3G/4G and WiFi service. Foxtel Management Pty Ltd Blanket Permit
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Only available for use in Australia. Foxtel and some services not available to all
homes.
37. Apple, the Apple logo and iPad are trademarks of Apple Inc., registered in the
U.S. and other countries. App Store is a service mark of Apple Inc.
GENERAL
38. 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.
39. To the full extent permitted by the law, the Promoter, Facebook 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
Prizes, including:
a) any indirect, economic or consequential loss or loss of profits;
b) any loss arising from the negligence of a Relevant Party; and
c) any liability for personal injury or death.
40. Entry and continued participation in the Promotion is dependent on Entrants’
acting in accordance with the Facebook Statement of Rights and Responsibilities,
available at
http://www.facebook.com/terms.php.
41. 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. Any questions, comments or
complaints about this Promotion must be directed to the Promoter (not Facebook)
at the address given in clause 1 of these Terms and Conditions.
42. 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.
43. The Winners acknowledge that the Prizes may be subject to additional terms and
conditions imposed by third parties. The Winners must become acquainted with
any such additional terms and conditions prior to taking a Prize. The Promoter
does not accept any responsibility and is not liable for any additional conditions
imposed on the taking of the Prizes, or for the breach of those conditions by any
person.
44. Except for any liability which cannot be excluded by law, the Promoter is not
responsible for:
a) 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;Foxtel Management Pty Ltd Blanket Permit
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b) 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
c) 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.
45. 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.
46. These Terms and Conditions are governed by the laws of New South Wales and
each of the relevant State authorities.
47. 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.
48. All entries become the property of the Promoter. The Promoter collects personal
information about you to enable you to participate in this promotion but no further
use of this information by the Promoter, or any third party will be made without
prior consent.
49. Authorised under the following permit numbers:
Permit Numbers NSW: LTPM/12/00824
Permit Numbers ACT: TP 12/03484
PRIVACY
50. 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 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.
Winners’ names 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
