Network TEN. South Cape Competition. Terms and Conditions
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1 Network TEN South Cape Competition Terms and Conditions 1. Information on how to enter forms part of the terms of entry. Entry into the South Cape Competition ( Competition ) is deemed acceptance of these terms and conditions. Eligibility to Enter 2. Entry is open to all residents of Australia who are 18 years of age or over. However, employees and the immediate families of Network Ten Pty Limited (the Promoter ) and their associated agencies and companies or any organisation or individual associated with the provision of the prize(s) are not eligible to enter. 3. In order for Major Prize Winner to be deemed valid, they must have purchased any South Cape product during the Competition Period, and have kept their receipt. 4. The Major Prize winner and their companion must have a current passport with a minimum of 6 months remaining before passport expiry at the time of the draw. If this entry requirement is not met the winner s entry will be considered invalid and the Major Prize winner will have no further claim. A redraw will be held to award the Major Prize. 5. The Major Prize Winner must be able to complete travel prior to Tuesday 29 December If this entry requirement is not met the winner s entry will be considered invalid and the Major Prize winner will have no further claim. A redraw will be held to award the Major Prize. Competition Period 6. The competition commences on Sunday 19 July 2015 at 00:15 AEST and closes on Sunday 27 September 2015 at 23:45 AEST ( Competition Period ). 7. The Competition will be advertised on, but not limited to, Network TEN, and South Cape products on packaging. How to Enter 8. To participate in the Competition entrants must purchase any South Cape product during the Competition Period and keep their receipt; and then either: a. Send a text message to with their full name and address, or b. Log on to tenplay.com.au and register their details including (but not limited to) name, address, phone number, address, gender and date of birth, to become a TENPlay member. 9. It is free to become a TENPlay member, however, the cost of accessing the promotional website is dependent on the entrant s individual service provider. These Terms and Conditions apply in conjunction with the TEN Members rules. South Cape Competition TCs FINAL.docx Page 1 of 7
2 10. SMS entrants must have Premium Services enabled by their mobile phone carrier to enter. Entrants will be charged $0.55 (inclusive of GST) per entry (Mercury Mobility Pty Ltd SMS Helpline ). 11. Incomprehensible and incomplete entries will be deemed invalid. 12. Multiple entries permitted, subject to the following: a. only one entry permitted per South Cape product purchase in accordance with clause 8; and b. each entry must be submitted separately and in accordance with entry requirements. 13. Entrants must retain a copy of their purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the South Cape product/s purchased and that the purchase was made during the Competition Period, but prior to entry. 14. Entries must be received by Sunday 27 September 2015 at 23:45 AEST to be included in the relevant Prize Draws. Each valid entry received during the Competition Period will be entered into the appropriate weekly prize draw corresponding to the date and time of entry ("Minor Prize Draw") and the Major Prize Draw. 15. The time of entry will in each case be the time the online entry is received by the Promoter s database and the time the SMS entry is received in the Mercury Mobility database. The Promoter and Mercury Mobility Pty Ltd accept no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason. 16. All un-drawn entries will be entered into each Draw. However, an entrant is only able to win one Minor Prize in the competition period, unless they reside in South Australia where they can win more than one Minor Prize. All entries received in the competition period will be entered into the Major Prize Draw. 17. Minor Prize Draws will be undertaken at Mercury Mobility Pty Ltd, Level 1, 16 Anster Street, Adelaide SA 5000 on the dates detailed below. Minor prize winners will be notified by a phone call on the day of each draw and in writing within 2 days of each draw and their name published on from the dates stated in the table below. Draw Draw Date at 10:00 AEST Publication on tenplay.com.au Date Unclaimed Prize Draw Date at 10:00 AEST Unclaimed Prize Publication on tenplay.com.au Date 1 27/07/ /08/ /10/ /10/ /08/ /08/ /11/ /11/ /08/ /08/ /11/ /11/ /08/ /08/ /11/ /11/ /08/ /08/ /11/ /11/ /08/ /09/ /12/ /12/ /09/ /09/ /12/ /12/ /09/ /09/ /12/ /12/ /09/ /09/ /12/ /12/ /09/ /09/ /12/ /12/2015 South Cape Competition TCs FINAL.docx Page 2 of 7
3 Major 28/09/ /09/ /12/ /12/ The Major Prize Draw will be held on Monday 28 September 2015 at 10:00 AEST at Mercury Mobility Pty Ltd, Level 1, 16 Anster Street, Adelaide SA The major prize winner will be notified by a phone call within 2 days of the draw and in writing and the winner s details will be published on the TENPlay website at tenplay.com.au from Tuesday 29 September Should an entrant s contact details change during the promotional period, it is the entrant s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter. 21. An entry that is made on behalf of an entrant by a third party will be invalid. 22. If required, unclaimed prize draws will take place at Mercury Mobility Pty Ltd, Level 1, 16 Anster Street, Adelaide, South Australia 5000 on the dates and times stated in the table above. The unclaimed prize winner/s will be notified of their prize by phone, in writing and winner s details will be published on the TENPlay website at tenplay.com.au from the dates specified in the table above. Prize Details 23. There will be One (1) Major Prize winner drawn from all entries received throughout the entire Competition Period (SMS and online), and Ten (10) Minor Prize Winners drawn from entries received during each weekly Competition Period, as stated in the table above, who will win the following prize package: Number Prize Details Value 1 x Major Prize Two (2) Return economy flights from nearest capital city to Rome Return airport/hotel transfers 5 nights accommodation for two (2) people in Rome, minimum 3 star shared room Italian cooking class with Nonna for two (2) people Dinner and wine experience for two (2) people Cheese and wine tasting for two (2) people Food walking tour for two (2) people Travel insurance for two (2) people $8, $ $3, $ $ $ $ $ x Minor Prize Red Balloon Voucher worth $ $5, TOTAL PRIZE VALUE - AUD $20, The total Prize Pool is valued at $20, (including GST). The Promoter accepts no responsibility for change in prize value between now the ultimate prize redemption date. 25. Any ancillary costs associated with redeeming the prize/s are not included. These are the responsibility of the winner. 26. Major Prize winner and their companion are responsible for any expenses not listed in the table at clause 23 above, including spending money (unless specified), meals (unless specified), drinks, transfers (unless specified), laundry charges, activities (unless specified), incidentals, vaccinations (if applicable), taxes (excluding departure and any other flight associated taxes South Cape Competition TCs FINAL.docx Page 3 of 7
4 included within the prize), energy surcharges, gratuities, services charges and all other ancillary costs. 27. Travel insurance for the Major Prize winner and companion is included for the duration of the Major Prize travel dates only, being the date on which the Major Prize winner and companion depart for Rome until the date they land back in Australia (inclusive). 28. The Major Prize winner s travelling companion must be 18 years of age or older. 29. Flights are economy class and may be indirect. The airline s Conditions of Carriage apply to all flights. Airline, flight route and dates of travel are subject to availability and will be determined in the Promoter's absolute and final discretion. 30. The Major Prize winner and their travelling companion must travel at the same time, must depart from the same airport (which must be the primary airport of an Australian State or Territory's capital city) ("Airport") and are responsible for transport to and from the Airport. It is the winner s responsibility to organise transfers and cover associated costs for the winner and companion to and from the Airport. 31. A credit card imprint or cash deposit must be provided by the winner at check-in to the hotel as part of the Major Prize, for all incidental charges. 32. Network TEN and their associated agencies and companies or any organisation or individual associated with the provision of the Prize(s) make no representation as to the safety conditions or other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the Australian Department of Foreign Affairs and Trade. 33. The Major Prize Package is based on two (2) people sharing one (1) room. Package must be taken on non-peak periods, and not over any Australian or European national or public holidays. All travel is to be completed by Tuesday 08 December All expenses other than those expressly set out in these terms and conditions are the responsibility of the Major Prize Winner and their travelling companions. Once the prize has been arranged, any changes to the travel, fights, accommodation or scheduling arrangements are at the expense of the Winner and their travelling companion. Tickets are non-transferrable (i.e. no name changes allowed). Once tickets are issued, they are non-endorsable and nontransferrable. Any alterations to confirmed flights and/or accommodation details will be at the expense of the winner. All components of the prize must be fulfilled at the same time and they cannot be split across different time periods. 35. It is each traveller s (Winner and companion's) personal responsibility to ensure that they have valid documentation, including but not limited to valid passports and visas, which meet the requirements of immigration and other government authorities at every destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the traveller/s. 36. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to any directions given under relevant laws (including the Legislation or Regulations of a relevant State or Territory). South Cape Competition TCs FINAL.docx Page 4 of 7
5 37. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoter determines, at their absolute discretion, that a winner is not in an appropriate mental or physical condition to safely participate in a prize. 38. Prizes must be taken as offered. Prizes, including any unused portion of any prize, are not exchangeable or cannot be redeemed as cash. Prizes cannot be used in conjunction with any other special offer. Prize values are in Australian dollars, including GST. The Promoter accepts no responsibility for any variation in the prize values. Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize. 39. Prizes will be awarded to the person named as entrant in each winning entry. Should an entrant s contact details change during the Competition Period it is the entrant s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter. 40. The Promoter s decision is final and the Promoter will not enter into correspondence regarding the Competition result. 41. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier s requirements. 42. It is a condition of accepting the prize the winner may be required to sign a legal release in a form determined by the promoter in its absolute discretion. 43. Air tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. The Promoter has the right to determine the airline carrier at its discretion. In the event that a winner requests a specific carrier, not offered by the Promoter, any subsequent or additional fees and taxes, if applicable, will be the responsibility of the winner. Flight itineraries may have to be adjusted depending on the airlines departure city and their current flight schedule. Frequent Flyer points are not available from any airline. The Promoter is not responsible for the cancellation, delay or rescheduling of any part of a travel Prize and any costs incurred by the winner or any travelling companion(s) as a result (including accommodation costs) will be the responsibility of the winner. 44. By accepting a prize, each winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the duration of the prize. 45. If for any reason this Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Competition, subject to applicable legislation, regulatory requirements or directions from relevant authorities. 46. The Promoter reserves the right to validate all entries for compliance with these terms and conditions, using a method determined by the Promoter at its absolute discretion. If, following South Cape Competition TCs FINAL.docx Page 5 of 7
6 validation, the winning entry is determined to be a valid winner, the winner will be notified as per the terms and conditions herein. The Promoter may require winners to sign an indemnity or other legal documents (including documents relating to their health or medical condition or fitness to participate in a prize), in a form determined by the Promoter as a condition to accepting any prize. 47. 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 State and Territories of Australia ( Non-Excludable 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 loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion. 48. 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 under statute, contract or tort (including negligence) for any personal injury or any loss (including loss of opportunity) or damage, whether direct or indirect, arising in any way out of or in connection with: (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 Promoters) 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) use of or participation in a prize. 49. 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 Promoters, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate. 50. All entries become the property of the Promoter. The Promoter collects personal information about you to enable you to participate in this promotion. 51. You consent to the Promoter collecting your personal information for the purpose of conducting and promoting this Competition (including but not limited to determining and notifying the winner and prize fulfilment). Your personal information may be disclosed to third party service providers for this purpose. Your personal information may be disclosed to State and Territory lottery departments and winners names published as required under the relevant lottery legislation. For purposes of public statements and advertisements, the Promoter will only publish the winner s surname, initial and State or Territory of residence. A request to access, update or correct any information should be directed to the Promoter. If you are not willing for this to occur you cannot participate in the promotion. 52. Personal information provided in connection with this promotion will be handled in accordance with Network Ten Pty Limited s privacy policy which contains information, amongst other things, about how you may access personal information that is held by Network Ten Pty Limited about you and seek correction of such information. See Policy South Cape Competition TCs FINAL.docx Page 6 of 7
7 to view Network Ten s Privacy Policy in full. Our Privacy Policy also contains information about how you may complain about a breach of the Australian Privacy Principles, or a registered code that is binding on our organisation and how Network Ten Pty Limited will deal with such complaints. We may disclose your personal information to related entities and third party service providers outside Australia. 53. The Promoter is Network Ten Pty Limited (ABN: ) of 1 Saunders Street, Pyrmont NSW Permit Approvals: ACT: TP 15/05940, NSW: LTPS/15/03838, SA: T15/862, VIC: 15/1116. South Cape Competition TCs FINAL.docx Page 7 of 7
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