SAMSUNG SYDNEY OPERA HOUSE COMPETITION TERMS AND CONDITIONS

Transcription

1 SAMSUNG SYDNEY OPERA HOUSE COMPETITION TERMS AND CONDITIONS 1. Instructions on how to enter to win a Prize (defined below) form part of these terms and conditions ("Terms and Conditions"). Participation in this "Samsung Sydney Opera House Competition" ("Competition") is deemed acceptance of these Terms and Conditions. This Competition is not valid in conjunction with any other offer. 2. The Competition is a game of skill for Prizes which may be won by Eligible Entrants (defined below) who submit winning Eligible Entries (defined below) in accordance with these Terms and Conditions. 3. The promoter is Samsung Electronics Australia Pty Ltd ABN of 3 Murray Rose Avenue, Homebush Bay, NSW 2127 ("Promoter" or "Samsung"). 4. The Competition commences at 5:00pm (AEST) on Wednesday, 18 May 2016 and closes at 11:59pm (AEST) on Monday, 23 May 2016 ("Competition Period"). Definitions 5. For the purposes of these Terms and Conditions: a) "Concert" means each of the Anohni Concert, the Bon Iver Concert, the New Order Concert, the Ta-Ku Concert and the New Order + ACO Concert (each, defined below); b) "Criteria" means being engaging and interesting; c) "immediate family member" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, step-sister or first cousin; d) "Prize" means, subject to clause 20: i. one double pass to the concert known as the Anohni concert, to be performed at the Sydney Opera House of Bennelong Point, Sydney NSW 2000 ("Sydney Opera House") on Friday, 27 May 2016 (the "Anohni Concert"), valued at $178; ii. iii. iv. one double pass to the concert known as the Bon Iver concert, to be performed at the Sydney Opera House on Saturday, 28 May 2016 (the "Bon Iver Concert"), valued at $178; one double pass to the concert known as the New Order concert, to be performed at the Sydney Opera House on Wednesday, 1 June 2016 (the "New Order Concert"), valued at $158; one double pass to the concert known as the Ta-Ku concert, to be performed at the Sydney Opera House on Friday, 3 June 2016 (the "Ta-Ku Concert"), valued at $78; and v. one double pass to the concert known as the New Order + ACO concert, to be performed at the Sydney Opera House on Saturday, 4 June 2016 (the "New Order + ACO Concert"), valued at $178; e) "Website" means and f) "$" is a reference to Australian Dollars.

2 Privacy 6. The Promoter collects personal information in order to conduct the Competition and may, for this purpose, disclose such information to third parties, including, but not limited to, agents, contractors, service providers, offer suppliers and, as required, to Australian regulatory authorities. Validity of an Eligible Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning an Eligible Entrant or the person who will share in the use of the Prize. Eligible Entrants acknowledge that the information he/she provides will be collected by or on behalf of Samsung and may be disclosed to other group companies and to third parties that help Samsung deliver its products and services (including suppliers, contractors, dealers, agents and business partners) or as required by law. Some of these parties may be located outside of Australia, including in Singapore, Korea and the Philippines. Eligible Entrants acknowledge that by giving consent to the disclosure of his/her personal information to the overseas recipients, Samsung will not have an obligation to take reasonable steps to ensure that these overseas recipients do not breach Australian privacy law in relation to that information. In particular, the Eligible Entrant acknowledges that in providing his/her consent, Samsung will not be accountable under the Privacy Act 1988 (Cth) and the Eligible Entrant will not be able to seek redress under the Privacy Act 1988 (Cth). However, where practicable in the circumstances, Samsung will take reasonable steps to ensure that overseas recipients use and disclose such information in a manner consistent with our privacy policy. Eligible Entrants should direct any request to access, update or correct information to the Promoter s Privacy Officer at the details provided below. These Terms and Conditions are deemed to incorporate the Promoter's privacy policy and by entering the Competition (whether or not as an Eligible Entrant), each entrant accepts the terms and conditions of the Promoter's privacy policy. For further details see 7. By participating in this Competition, each Eligible Entrant grants to the Promoter an irrevocable, indefinite licence to use any content provided in his/her entry (whether or not an Eligible Entry) anywhere in the world for promotional, marketing or publicity purposes, without remuneration, fees or royalties of any type or description. Eligibility and Entries 8. To be eligible to enter the Competition, an entrant must, during the Competition Period: a) be a natural person (and not be a company, business, trust or organisation of any description) and an Australian resident with an Australian residential address, aged sixteen (16) years or over; b) not be an employee of the Promoter or of any agency associated with this Competition, or such an employee s immediate family member; c) visit the Website and i. provide all personal information as requested by the Promoter, including, but not limited to, full name, date of birth, residential and postal address and address; ii. iii. select the Concert that the entrant would like to attend; answer a question as follows, in twenty-five (25) words or less, in a way that satisfies the Criteria; (each eligible entry an "Eligible Entry" and each eligible entrant an "Eligible Entrant"). 9. Each Eligible Entrant may submit one (1) Eligible Entry in respect of each Concert, and is eligible to win a maximum of one (1) Prize in respect of same. For clarity, an entrant may win

3 a Prize in respect of so many Concerts for which he/she submits an Eligible Entry, up to a maximum of five (5) Prizes. 10. The number of Prizes that may be awarded in respect of each Question and their values are as follows: Concert name Prizes available Collective value Anohni Concert Two (2) $356 Bon Iver Concert Seven (7) $1246 New Order Concert Five (5) $790 Ta-Ku Concert Five (5) $390 New Order + ACO Concert Five (5) $790 Total Twenty-four (24) $3, The Promoter may, in its absolute discretion, ignore any entry which it deems to be offensive or inappropriate, which includes or is suspected of including or breaching third party intellectual property rights, which is not the entrant s original work, or which otherwise fails to comply with these Terms and Conditions. 12. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (whether Eligible Entries and Eligible Entrants or not), and to disqualify any entrant who does not comply with these Terms and Conditions, who tampers with the entry process, or who is not otherwise an Eligible Entrant. Errors or omissions may be accepted in the Promoter's absolute discretion. Judging and Prizes 13. All Eligible Entries will be compiled by the Promoter and divided according to the Concert selected in that Eligible Entry. Eligible Entries will be reviewed on or before Tuesday, 24 May 2016, by a panel of judges comprising employees of the Promoter and/or employees of an agent of the Promoter ("Panel"). 14. Eligible Entries will be judged by the Panel in categories according to the Concert that was selected in each Eligible Entry. The Eligible Entrants who submit the Eligible Entries that best satisfy the Criteria, as determined by the Panel in its absolute discretion, will each win a Prize (each, a "Winner"). The number of Winners in respect of each Concert will be the same as the number of Prizes available in respect of that Concert, according to clause The Winners will be notified on or before Wednesday, 18 May 2016 of their selection as a Winner via to the address nominated by the Winner in the course of his/her Eligible Entry. The will include further information in relation to claiming the Prize, and may, in the Promoter's discretion, request reasonable information to confirm the Winner's identity and their contact information. At any time during communication with a Winner or with an entrant (whether or not an Eligible Entrant), the Promoter may reasonably request further information from that person. 16. If a Winner is not able to satisfy these Terms and Conditions, forfeits his/her Prize or fails to accept his/her Prize within twenty-four (24) hours of being notified in accordance with clause 15, then that Winner will be deemed to have forfeited his/her Prize. In those circumstances, the Panel will meet to determine the Eligible Entrant who, in the Panel s absolute discretion, submitted the Eligible Entry that best satisfies the Criteria out of the remaining Eligible Entries that from the same Concert selection ("Second Chance Winner"). The Second Chance

4 Winner will be notified that he/she has won a Prize in the same manner as the Winner was notified in accordance with clause 15. These Terms and Conditions apply to a Second Chance Winner as if he/she were a Winner. 17. It is the responsibility of each Winner or Second Chance Winner (if any) to: a) provide his/her correct personal information in order to receive the Prize; and b) arrange for the collection of the Prize from the Promoter or an agent of the Promoter. 18. The Promoter accepts no responsibility should a Winner or Second Chance Winner (if any) fail to be contacted by the Promoter, or fail to receive his/her Prize, because of a failure to notify the Promoter of a change to, or error in, his/her personal contact details. 19. A Winner who is under the age of eighteen (18) must be accompanied by his/her guardian ("Guardian"), or such other adult person whom the guardian appoints, to the Concert contemplated in the Prize. The Winner may choose to gift the second ticket contemplated in the Prize for the purposes of such accompaniment. In such a case, that Guardian or other person may be required to execute an agreement that includes, but is not limited to, terms, conditions and indemnities in respect of responsibility, care and liability for the Winner whom they will accompany. Failure to satisfy this clause 19 constitutes forfeiture of the Prize. 20. No part of the Prize may be used by a person who is under the age of sixteen (16). 21. The Promoter accepts no responsibility for any variation in the value of any Prize. The Prize is not transferable or exchangeable and is not redeemable for cash. 22. If a Prize is unavailable, including in the event that a Concert is cancelled or postponed, the Promoter, in its discretion, reserves the right to substitute the Prize with a prize of equal or greater value and/or specification. 23. Each entrant acknowledges that the Concert contemplated in the Prize may differ from its definition in these Terms and Conditions due to circumstances beyond the control of the Promoter. Such a difference may include a performer not being available. Such a difference does not invalidate the Competition and does not entitle a Winner to redeem any component of the Prize for cash. 24. Each Winner or Second Chance Winner (if any) is responsible for all ancillary costs associated with the Prize, including, but not limited to, costs in connection with collecting the Prize, making the Eligible Entry, transport to the Sydney Opera House and transport to Sydney, Australia (if necessary). The Prize does not include beverages, food, cloaking charges or any other ancillary costs. 25. Each Eligible Entry is deemed submitted at that time that it is received on the Promoter s databases. The Promoter is not responsible for any delayed, lost or misdirected entries failing to be reach the Promoter s databases as a result of network failure or any other technical issues. 26. The Promoter's decision is final and no correspondence will be entered into. General 27. If this Competition 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 (whether or not otherwise an Eligible Entrant); or (b) to modify, suspend, terminate or cancel the Competition, as appropriate. 28. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver

5 of those rights. 29. Subject to clause 29, each entrant releases the Promoter and the Sydney Opera House (including their officers, employees and agents) from 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 Competition, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter s or the Sydney Opera House s control); (b) any theft, unauthorised access or third party interference; (c) any entry 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 the value of a Prize to that stated in these Terms and Conditions; (e) any claim, loss, cost or expense in connection with a Prize or any tax liability incurred by an entrant or Eligible Entrant; or (f) any use of a Prize. 30. Nothing in these Terms and Conditions is intended to exclude, restrict or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) ("CCA") or any other legislation which may not be excluded, restricted or modified by agreement. If the CCA or any other legislation implies a condition, warranty or term into the Terms and Conditions or provides statutory guarantees in connection with these Terms and Conditions, in respect of goods and services supplied (if any), the Promoter's liability for breach of such a condition, warranty, other term or guarantee is limited (at the Promoter's election) to the extent it is able to do so: (a) in the case of supply of goods, the Promoter doing any one or more of the following: (i) replacing the goods or supplying equivalent goods; (ii) repairing the goods; (iii) paying the cost of replacing the goods or of acquiring equivalent goods; and/or (iv) paying the cost of having the goods repaired; or (b) in the case of supply of services, the Promoter doing either or both of the following: (i) supplying the services again; and/or (ii) paying the cost of having the services supplied again. 31. These Terms and Conditions are governed by the laws of New South Wales. Entrants submit to the non-exclusive jurisdiction of the courts of New South Wales. Consumer Competition support is available at: support@competitions-samsung.com Phone: