https://au.movies.yahoo.com/competitions/thehobbit/“THE HOBBIT: BATTLE OF FIVE ARMIES” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prize form part of these Terms and Conditions.
Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The promoter is Yahoo!7 Pty Limited (ABN 60 089 187 100) of Level 2, Pier 8&9, 23 Hickson
Road, Millers Point, NSW 2000 (“Promoter”).
3. Entry is only open to Australian residents. Entrants under 18 years old must have
parental/guardian approval to enter and further, the parent/guardian of the entrant must read
and consent to these Terms and Conditions. Parents/guardians may be required by the
Promoter to enter into a further agreement as evidence of consent to the minor entering this
promotion.
4. Employees (and their immediate families) of the Promoter and agencies associated with this
promotion are ineligible to enter. Immediate family means any of the following: spouse, exspouse,
de-facto spouse, child or step-child (whether natural or by adoption), parent, stepparent,
grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother,
step-sister or 1st cousin.
5. Promotion commences on 26/12/2014 and closes at 11:59pm AEDST on 15/01/2015
(“Promotional Period”).
6. To enter, individuals must complete the following steps during the Promotional Period:
a) visit
www.yahoo7.com/thehobbit;b) follow the prompts to the promotion entry page;
c) input the requested details (including their full name, a valid email address, telephone
number, and residential address);
d
) provide an answer to the promotional question “What do you love most about Middle
Earth?” in 25 words or less;e) agree to the Terms and Conditions by ticking the relevant tick box; and
f) submit the full completed entry form.
7. Incomplete or indecipherable entries will be deemed invalid.
8.
Multiple entries permitted, subject to the following: (a) each entry must be substantially
unique; and (b) each entry must be submitted separately and in accordance with entry
requirements.9. 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 reserves the right, in its sole
discretion, to disqualify any individual who the Promoter has reason to believe has breached
any of these Terms and Conditions, tampered with the entry process or engaged in any
unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of
the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure
by the Promoter to enforce any of its rights at any stage does not constitute a waiver of
those rights. The Promoter's legal rights to recover damages or other compensation from
such an offender are reserved.
10. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole
discretion, to determine the identity of the entrant.
11. This is a game of skill and chance plays no part in determining the winner. Each entry will
be individually judged based on the originality, literary merit and creative merit of the answer 2
provided to the promotional question. The judging will take place at the Promoter’s premises
on 16/01/2015 from 5:00pm AEDST. The judges may select additional reserve entries which
they determine to be the next best, and record them in order or merit, in case of an invalid
entry or ineligible entrant.
12. The winner will be notified by email and telephone.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. The best valid entry, as determined by the judges, will win the following prize package,
valued at up to AU$19,676.96:
• Four (4) motion picture merchandise packs, valued together at AU$1,399.96. The exact
contents of each merchandise pack, and the exact motion picture(s) featured on the
contents of each pack, will be determined by the Promoter in its absolute discretion;
• A private cinema screening of ‘The Hobbit: The Battle of the Five Armies’ for up to twenty
(20) people (i.e. the winner plus up to nineteen (19) guests), including AU$500 worth of
food and beverages at the selected cinema, valued together at AU$3,500. The exact
cinema at which the screening will take place will be determined by the prize supplier in
agreement with the winner, based on the winner’s city of residence, however, if
agreement cannot be reached, the prize supplier will select the cinema. The screening
cannot be redeemed on Saturdays or Public Holidays, and must be taken by 28/02/2015.
The exact food and beverages offered will be at the discretion of the prize supplier and is
subject to availability at the cinema where the screening takes place. The screening is
subject to cinema classification. The winner and his/her guests are responsible for
ensuring all guests meet the age requirements for classification for the film as set by
Australian Classification. The winner and their guests must make their own way to/from
the cinema selected by the prize supplier, and any costs associated with travel to/from
the cinema will be the responsibility of the winner and their guests and will not be borne
by the Promoter or prize supplier; and
• A trip for four (4) people to New Zealand, valued at up to AU$14,777, depending on date
and point of departure. The trip includes:
• Return economy airfares from the winner’s nearest Australian capital city to
Auckland, New Zealand for four (4) people;
• Return transfers from the Auckland airport to the accommodation for four (4) people;
• Four (4) nights twin share accommodation in a hotel in Auckland for four (4) people,
including daily hotel breakfast (exact hotel and breakfast menu determined by the
Promoter in its absolute discretion);
• A scenic helicopter flight from Auckland to Hobbiton for four (4) people, including a
Hobbiton evening banquet tour, and return to Auckland by road; and
• Travel insurance for up to four (4) people, up to the value of $270.
15. Spending money, additional meals, taxes (excluding airline and airport taxes), additional
insurance, passports, visas, vaccinations, transport to and from departure point, additional
transfers, items of a personal nature, in-room charges and all other ancillary costs are not
included in the travel component of the prize. Selected travel dates must include at least one
(1) Wednesday evening, must be taken sometime between 21/04/2015 and 02/11/2015, and
are subject to booking and flight availability. Travel prize cannot be taken during Australian
or New Zealand school holidays, public holidays or other peak periods.
16. During the entire duration of the travel component of the prize, a nominated parent/guardian
must accompany any person under 18 years of age. The winner and his/her companions are 3
responsible for ensuring that they have valid passports, and any requisite visas, vaccinations
and travel documentation. The winner (and his/her companions) must depart from and return
to the same departure point and travel together. Itinerary to be determined by the Promoter
in agreement with the winner but in the event that agreement can not be reached, the
Promoter reserves the right to determine the itinerary. Frequent flyer points will not form part
of the prize. The winner may be required to present their credit card at time of
accommodation check in.
17. All prize components are subject to the standard terms and conditions of individual prize and
service providers.
18. The winner and his/her travel companions will each be required to fully complete a travel
insurance application form provided by the Promoter, and may also be required to undergo
medical tests as required by the Promoter’s nominated travel insurer, in order to redeem the
travel insurance element of the prize. Any person found guilty of insurance fraud or failure to
honestly and accurately disclose all relevant insurance information at the time of applying for
a travel insurance policy or when making a claim forfeits any rights or entitlements to the
travel insurance element of the prize. Travel insurance will be provided by the Promoter’s
nominated travel insurer, and subject to approval by the travel insurer. In the event that the
Promoter’s nominated travel insurer refuses to issue insurance to the winner and/or
companions, the winner forfeits that travel insurance element of the prize. Travel insurance
is subject to the terms and conditions issued by the Promoter’s nominated travel insurer,
including but not limited to any limitations on the covered amount.
19. If the winner is under 18 years old, the prize will be awarded to the winner’s parent or legal
guardian, on the winner’s behalf.
20. If for any reason the winner does not take the prize (or an element of the prize) by the time
stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
21. If the prize (or part of the 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.
22. Total prize pool value is up to AU$19,676.96.
23. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot
be taken as cash.
24. Each entrant warrants to the Promoter that the answer to the promotional question submitted
in each entry is an original literary work of the entrant that does not infringe the rights of any
third party. The entrant agrees to indemnify the Promoter against all costs and claims by
third parties arising from a breach of this warranty.
25. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its
affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable,
and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry for
any purpose, including but not limited to the purposes of uploading and publicly displaying
the entries, promoting this promotion, and/or any future promotional, marketing or publicity
purposes, in any media, without compensation, restriction on use, attribution or liability.
Entrants consent to any use of their entry which may otherwise infringe their moral rights
pursuant to the Copyright Act 1968 (Cth).
26. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event
they are a winner (including photograph, film and/or recording of the same) in any media for 4
an unlimited period without remuneration for the purpose of promoting this promotion
(including any outcome), and promoting any products manufactured, distributed and/or
supplied by the Promoter.
27. If this promotion is interfered with in any way or is not capable of being conducted as
reasonably anticipated due to any reason beyond the reasonable control of the Promoter,
including but not limited to technical difficulties, unauthorised intervention or fraud, the
Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to
disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as
appropriate.
28. Any cost associated with accessing the promotional website is the entrant’s responsibility
and is dependent on the Internet service provider used.
29. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit,
exclude or modify the statutory consumer guarantees as provided under the Competition
and Consumer Act, as well as any other implied warranties under the ASIC Act
or similar consumer protection laws in the States and Territories of Australia (“NonExcludable
Guarantees”). Except for any liability that cannot by law be excluded, including
the Non-Excludable Guarantees, the Promoter (including its respective officers, employees
and agents) excludes all liability (including negligence), for any personal injury; or any loss or
damage (including loss of opportunity); whether direct, indirect, special or consequential,
arising in any way out of the promotion.
30. Except for any liability that cannot by law be excluded, including the Non-Excludable
Guarantees, the Promoter (including its respective officers, employees and agents) is not
responsible for and excludes all liability (including negligence), for any personal injury; or any
loss or damage (including loss of opportunity); whether direct, indirect, special or
consequential, arising in any way out of: (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 variation in prize value to that stated in these
Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) taking, use
of and/or participation in the prize.
31. As a condition of accepting the prize, the winner (and his/her companions) must sign any
legal documentation as and in the form required by the Promoter and/or prize suppliers in
their absolute discretion, including but not limited to a legal release and indemnity form. In
the event the winner or their companion(s) are under the age of 18, a nominated parent/legal
guardian of such person will be required to sign the legal documentation required under this
clause on their behalf.
32. By entering this promotion, entrants agree to the Promoter collecting, using and disclosing
their personal information for the purpose of conducting and promoting this promotion, in
accordance with Yahoo!7’s Privacy Policy which is available at
https://info.yahoo.com/privacy/au/yahoo/ which entrants acknowledge they have read and
agree to. This privacy policy contains important information regarding how the Promoter
handles entrants personal information, including how entrants can access and/or correct
their personal information, or make a complaint about the handing of their personal
information. Additionally, by ticking the relevant opt-in box/es, (a) entrants agree to the
Promoter and its trusted partners using their personal information to help the Promoter
communicate with them about offers from the Promoter and its marketing partners (which
offers entrants may opt-out of receiving), and they agree to the Promoter disclosing their
information to such partners in connection with such purposes and/or (b) entrants agree to 5
the Promoter sharing their personal information with the prize supplier and they
acknowledge that the prize supplier will be solely responsible for its use of such information.
Unless otherwise indicated by the Promoter, the Promoter may disclose entrants’ personal
information to entities outside of Australia (for a list of the countries, see the Promoter’s
Privacy Policy), and cannot guarantee that any overseas recipient will not breach the
Australian Privacy Principles. By entering the promotion entrants consent to the overseas
transfer on these terms as permitted by the Australian Privacy Principles and agree that the
Promoter is not liable in this regard.
Australian Competitions Club
