FOX SPORTS Watch Footy. Win. Game of Chance Competition CONDITIONS OF ENTRY

Transcription

1 FOX SPORTS Watch Footy. Win. Game of Chance Competition CONDITIONS OF ENTRY 1. Competition and Promoter 1.1 By entering FOX SPORTS Watch Footy. Win. Game of Chance Competition (Competition) and in consideration for the opportunity to participate in the Competition, each entrant agrees to be bound by and observe these Conditions of Entry. Information on how to enter and prize details form part of these Conditions of Entry. 1.2 The promoter of the Competition is FOX SPORTS Australia Pty Limited (ABN ) of 4 Broadcast Way, Artarmon NSW 2064 (Promoter). 2. Who may enter 2.1 Subject to paragraphs 2.3 and 2.4, entry into the Competition is open to all permanent residents of Australia who are existing Foxtel Residential customers, or live in a household with a Foxtel Residential subscription and have the subscriber s permission to enter the Competition as at the date of entry into the Competition. The existing Foxtel Residential subscription account must not be in arrears from the commencement of the Competition Period until the unclaimed prize draw date set out in paragraph 6 below. 2.2 For the avoidance of doubt, non-subscribers, Optus TV featuring Foxtel, Foxtel from Telstra, Foxtel Business and Foxtel Play subscribers, and entrants that live outside of the Foxtel serviceable area are not eligible to enter this Competition or win a prize. 2.3 Any entrant aged under 18 years must obtain consent from their parent/guardian prior to entering the Competition. 2.4 The officers, management and employees (and immediate family members of officers, management and employees) of the Promoter, Foxtel Management Pty Limited (Foxtel) and their related corporations and associated agencies are not eligible to enter the Competition. 2.5 Each eligible entrant may submit one entry in the Competition during an Entry Period (defined below). Entries must comply with these Conditions of Entry. 3. Competition Period 3.1 The Competition commences at 7:30pm Australian Eastern Standard Time (AEST) on 8 July 2016 and closes at 11:59am AEST on 15 August 2016 (Competition Period). 3.2 The Competition will be divided into 6 Entry Periods as follows: Entry Period NRL Round Entry Period Opens :30pm AEST on 8 July 2016 Entry Period Closes 11:59pm AEST on 11 July 2016 Draw Date 13 July :30pm AEST on 11:59pm AEST on 20 July 2016

2 15 July July :30pm AEST on 21 July :59pm AEST on 25 July :30pm AEST on 11:59pm AEST on 28 July August :30pm AEST on 11:59pm AEST on 4 August August :30pm AEST on 11:59pm AEST on 11 August August July August August August Entries not received during an Entry Period or not completed in accordance with these Conditions of Entry will not be eligible to win. 3.4 If for any reason an Entry Period is not capable of running as planned, including due to the delay, postponement, or cancellation of an NRL match for any reason whatsoever, the Promoter reserves the right in its sole discretion to suspend, postpone or cancel the Entry Period. 4. How to enter 4.1 The unique code word for each Entry Period will be displayed during FOX SPORTS broadcast of the live Thursday night NRL Premiership match (for Entry Periods where a live Thursday night NRL Premiership match is played) and the live Friday night NRL Premiership match for each Entry Period on FOX SPORTS Eligible entrants must, during an Entry Period: (a) (b) (c) go to the FOX SPORTS website ( or mobile site (m.foxsports.com.au/watchfooty); enter the details requested; and submit the correct code word for the relevant Entry Period (a Valid Entry). 4.3 Without limiting paragraph 10 below, by submitting an entry to the Promoter, each entrant acknowledges that the Promoter may (but does not guarantee that it will) read or display the entrant s name during the broadcast of Friday Night Footy on FOX on FOX SPORTS Draw, prize and notification Draw 5.1 The Competition is a game of chance. All valid entries will be entered into the random computerised draw. 5.2 The random computerised draw for each Entry Period will be conducted by Mike Da Silva & Associates (Aust) Pty Ltd (MDSA) on behalf of the Promoter at Ground Floor, 15 Grosvenor Street, Neutral Bay NSW 2089 on the Draw Dates as set out in paragraph 3.2 above. The prize winner for an Entry Period will be notified in writing on the relevant Draw Date and their name will also be

3 published in the Public Notices section of The Australian newspaper two business days after the relevant Draw Date. Foxtel Prize 5.3 The first 10 entrants with a Valid Entry drawn during each of Entry Periods 1 5 in accordance with these Conditions of Entry will each win a Foxtel 12- Month Residential Subscription as set out in further detail in Schedule 1, which includes: (a) (b) (c) a 12-month Foxtel subscription to the Platinum HD Package, valued at A$1,620 (A$135 per month); 1 x standard install, valued at A$100.00; and 1 x iq3 set top unit, valued at A$125. (each, a Foxtel Prize) 5.4 The maximum total Foxtel Prize value is A$92,250 (including GST) (A$1,845 x 50 winners). Entry Period 6 Prize 5.5 The entrant with the first Valid Entry drawn in Entry Period 6 in accordance with these Conditions of Entry will win A$50, The Entry Period 6 Prize will be provided to the winner via electronic funds transfer. The Promoter will request the Entry Period 6 Prize winner s relevant bank details when the prize winner is notified. The Promoter accepts no liability for prizes lost in transit if a prize winner supplies incorrect bank account details. General prize information 5.7 The maximum total prize value in the Competition is A$142, An entrant will be eligible to win one Foxtel Prize during the Competition Period. If an entrant wins a Foxtel Prize, the entrant is still eligible to win the Entry Period 6 Prize. 5.9 Without limiting paragraph 7 below, in the instance that a prize winner is under 18 years of age, the prize will be awarded to the prize winner s parent or legal guardian on behalf of the winner. It is the responsibility of the prize 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 (if applicable). As a condition of accepting or participating in any prize, the prize winner s parent or guardian accepts these Conditions of Entry on behalf of the prize winner if the prize winner is aged under 18 years Without limiting Schedule 1 below, each prize winner acknowledges that the prize is subject to additional terms and conditions imposed by third party prize suppliers, including Foxtel. The prize winner must become acquainted with any such additional terms and conditions prior to taking the prize. The prize winner must comply with all conditions imposed by Foxtel and any prize supplier. The Promoter does not accept responsibility and is not liable for any conditions imposed on the taking of the prize by Foxtel and any other third party prize supplier or a breach of those conditions by any person. The prize remains the property of the Promoter and/or prize suppliers (including Foxtel) until it is received by the selected prize winner or unclaimed prize winner as the case may be.

4 5.11 The Promoter and Foxtel accept no responsibility for any variation in the value of a prize. Except as set out in Schedule 1, prizes are not transferable or exchangeable. The Foxtel Prize is not redeemable for cash and must be taken as offered A prize winner is responsible for all expenses not specified in these Conditions of Entry Except as set out in Schedule 1, if for any reason the prize winner does not take an element of the prize during the stated period and on the conditions stipulated by the Promoter or any third party prize suppliers, that element of the prize will be forfeited. 6. Unclaimed prizes If the prize is unclaimed by 10:00am AEDT on 17 November 2016, a random computerised second chance draw will be conducted for the unclaimed prize by MDSA on behalf of the Promoter at Ground Floor, 15 Grosvenor Street, Neutral Bay NSW 2089 at 10:30am AEDT on 17 November 2016, subject to written directions from State regulatory bodies. The winner of the second chance draw, if any, will be notified in writing on 17 November The prize winner s name will be published in the Public Notices section of The Australian newspaper on 21 November Information for Prize Winner All entrants agree to provide the Promoter with identification and/or proof of age if selected as a prize winner. If a prize winner is under the age of 18 years, the prize will be awarded to the prize winner s parent/guardian on their behalf. In accepting a prize, the prize winner agrees to the release set out below. The form of identification and/or proof of age are at the discretion of the Promoter. 8. Limitation of Liability 8.1 Except for any liability that cannot by law be excluded (including as set out under paragraph 8.3), the Promoter, Foxtel, their respective related corporations and associated agencies (and any of their personnel) exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any entrant (including the prize winner) and/or by the prize winner s companion in connection with the Competition or a prize, including, without limitation: (i) any indirect, economic or consequential loss; (ii) any loss arising from the negligence of the Promoter, Foxtel, their respective related corporations and associated agencies (and any of their personnel); and (iii) any liability for personal injury or death. 8.2 No responsibility will be taken by the Promoter or its authorised agents for lost, ineligible, misdirected or late entries due to technical reasons or any other reason. Entries that are not genuine or are incomplete, late or in any way fraudulent, including as set out under paragraph 10.6 below, will be declared void. 8.3 Nothing in these Conditions of Entry limits, excludes or modifies, or purports to limit, exclude or modify, the statutory implied guarantees/warranties as provided under the Competition and Consumer Act 2010 (Cth) and the ASIC Act 2001 (Cth), including the statutory consumer guarantees under the

5 Australian Consumer Law, or similar laws in the States and Territories of Australia. 9. Privacy By entering the Competition, the participant understands and agrees that the Promoter may use and disclose the participant's personal information to a third party to assist in conducting the Competition and communicating with the participant in relation to special offers from the Promoter and its related entities. Without limiting the foregoing, each participant acknowledges and agrees that the Promoter may use and display the participant's name on websites showing the participant's position in the various leagues in the Competition. Participants acknowledge that the Promoter may share a participant's personal information with the Promoter's Australian and foreign related entities which may contact the participant with marketing messages and special offers. If a participant elects to receive information from third parties, the Promoter may also disclose the participant's personal information for that purpose. Participants in the Competition further acknowledge and agree that the Promoter may disclose the participant s personal information to Foxtel who may contact the entrant with information about Foxtel s products and services. Information about how Foxtel will handle a participant s information is available at Without limiting the foregoing, the Promoter may also disclose a participant s personal information to third parties for the purposes outlined above. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988 (Cth). Participants may find out more about how the Promoter collects, uses and discloses personal information by reading the Promoter's Privacy Policy, which is available at Participants may access the personal information the Promoter holds about them by writing to the Promoter at the address set out below. If the Promoter limits or denies an entrant access to their personal information in certain circumstances, the Promoter will tell the entrant why access was limited or denied. Participants can contact the Promoter by writing to the Promoter at 4 Broadcast Way, Artarmon NSW General 10.1 By entering the Promotion, the winner agrees that: a. if requested by the Promoter, the winner will: i. provide comments about the Promotion and/or a photograph or audiovisual clip of themselves; and ii. participate in a promotional shoot in connection with the Promotion; b. the Promoter may use the winner's name, image, comments, photographs or clips (Materials) for publicity and promotional purposes in any form of media, without reference or compensation to the winner or any other person; c. the Promoter may use, reproduce, edit and communicate to the public the Materials at any time in any form of media; d. the Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same; and

6 e. the winner unconditionally and irrevocably consents to any act or omission that would otherwise infringe any of their moral rights in the Materials and waives all moral rights in the Materials that arise outside Australia Acceptance of the prize constitutes consent on the prize winner s part to allow the use of the prize winner s name, image, voice and/or likeness by Promoter for editorial, advertising, promotional, marketing and/or other purposes without further compensation except where prohibited by law In the event that there is a dispute concerning the conduct of this Competition, the Promoter s decision is final and binding and no correspondence will be entered into The prize remains the property of the Promoter and/or Foxtel until it is delivered to the selected prize winner or unclaimed prize winner as the case may be If for any reason the Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the fairness or integrity or proper conduct of the Competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process and to cancel, modify, terminate or suspend the Competition, subject to written directions from State regulatory bodies The Promoter reserves the right to disqualify any entrant who conspires with others to gain an unfair advantage or who is otherwise involved in manipulating, interfering or tampering with the entry process or any other element of the Competition. The use of any automated entry software or any mechanical, electronic or other means which allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid No responsibility will be taken by the Promoter or its authorised agents for lost, ineligible, misdirected or late entries due to technical reasons or any other reason or due to periods of unavailability of the entry mechanism during the Competition Period The prize winner is advised that tax implications may arise from the prize and should seek independent financial and taxation advice prior to their acceptance of the prize. The prize winner is responsible for all taxes which may be payable as consequence of receiving a prize It is the entrant s responsibility to inform the Promoter of any change to the entrant s contact details, including their address This Competition is authorised under NSW Permit No. LTPS/16/05078, ACT TP16/01218 & SA Licence No. T16/1092.

7 Schedule 1 a) Each Foxtel Prize consists of 1 x Foxtel subscription to the Platinum HD package for 12 months, valued at $ (the Subscription Credit ) and 1 x single standard technician install and 1 x iq3 set top unit, valued at $ (the Install and Box Fee ) (together the Prize ). b) Only existing Foxtel Residential customers in the Foxtel serviceable area or persons who live in a household with a Foxtel Residential subscription and have the subscriber s permission to enter the Competition as at the date of entry into the Competition are eligible to enter the Competition. The promotion is not open to non-subscribers, Optus TV featuring FOXTEL or FOXTEL from Telstra, Foxtel Business or Foxtel Play subscribers ( Ineligible Entrants ). c) The Prize is subject to the Foxtel Residential Subscription Television Agreement. d) Foxtel and some Foxtel services are not available to all homes. e) An Ineligible Entrant will not receive a substitute prize or cash in lieu. f) In the instance that the winner is (i) under 18 years of age or (ii) lives in a household with a Foxtel Residential subscription but is not the account holder, the Prize will be awarded to the winner s parent or legal guardian or the account holder of the Foxtel Residential subscription (as the case may be) on behalf of the winner. It is the responsibility of the winner s parent or legal guardian or the account holder to prove their parental/guardian or account holding status at the time of taking the Prize and to assume the role of the winner (if applicable). g) A credit will be applied to the winner s Foxtel account in the amount equivalent to the Subscription Credit. The Subscription Credit is nonrefundable and not redeemable for cash. h) Installation is a single standard technician installation only. The Winner is responsible for any additional installation costs that may be incurred. i) In the instance that the winner is already a Foxtel subscriber with an iq3, they will forfeit the Install and Box Fee. No substitute will be offered. j) In the instance that the winner is already a Foxtel subscriber with an iq/iq2/mystar set top unit, they may choose to upgrade to an iq3 and they will receive the Install and Box Fee. The Subscription Credit will be applied to the winner s Foxtel account at the commencement of the next billing month. If the winner elects not to upgrade their box, they will forfeit the Install and Box Fee. No substitute will be offered. k) Foxtel Store or Box Office 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 winner. l) Once the Subscription Credit is insufficient to cover fees and charges, the winner will be responsible for all additional fees and charges.

8 m) The winner is responsible for checking the amount of credit on their account. n) The winner must set up Easypay (direct debit) on their Foxtel account. o) If for any reason the winner cancels their Foxtel subscription, any remaining Subscription Credit will be forfeited and cash will not be provided in lieu. p) The winner 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 the winner wishes to terminate or change their subscription package, otherwise the winner will incur ongoing subscription fees reflective of the Subscription Credit.