THE VODAFONE HOMECOACH GAME PROMOTION CONDITIONS OF ENTRY

Transcription

1 THE VODAFONE HOMECOACH GAME PROMOTION CONDITIONS OF ENTRY 1. Information on how to enter the promotion and prizes form part of these Conditions of Entry. Entry in the promotion is deemed acceptance of these Conditions of Entry. Entry is via Internet or compatible mobile Internet (carrier s standard data charges apply) enabled Apple iphone and Android mobile devices (minimum ios7 and Android 2.3, respectively) and Apple ipad and Android Tablet devices only (minimum ios6 and Android 3.2, respectively). 2. Entrants acknowledge that this promotion is being conducted in conjunction with The Vodafone Homecoach Game Competition, which has its own Conditions of Entry available on the Application and is operating independently of this promotion in respect of eligibility, entrants, entries and prizes. This promotion is centered upon the television program scheduled to be broadcast on the Nine Network between April and September 2014 known as The Voice Australia Season 3 (The Voice Australia). ELIGIBILITY 3. Entry is open to permanent residents of Australia aged 16 years or older (Entrants). The directors, management and employees (and their immediate families) of the Promoter and its partners and each of their related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to register and enter in the promotion. 4. Entrants aged under 18 years must obtain the consent of their parent or legal guardian to enter the promotion and provide Personal Information about themselves. All registrations of Entrants who are under the age of 18 years and enter in the promotion without disclosing (or attempting to conceal) their age (as and where required) and/or do not provide the required parental or guardian consent (as and where required) will be deemed invalid. These Conditions of Entry will bind the Entrants and any parent or legal guardian who gives their consent (for Entrants aged under 18 years). If any winner is aged under 18 years, the prize will be awarded to the parent or legal guardian who consented to the winner entering the promotion, on behalf of the winner, at the sole discretion of the Promoter. PROMOTIONAL STAGES AND PROMOTIONAL DRAWS 5. The promotion commences at 9:00am (AEST) on 27/7/2014 and closes at (AEST) on 31/8/2014 (Promotional Period). The Promotional Period will be divided into three (3) promotional stages, as set out in the table below, for the purpose of determining winners and awarding prizes in this promotion (each, a Promotional Stage). Each Promotional Stage will have its own draw at Greeneagle, 10/20 Ricketty Street, Mascot NSW 2020 on the date and set out below (each, a Promotional Draw). Entries received in a given Promotional Stage are eligible for the corresponding Promotional Draw and will rollover into any subsequent Promotional Draw(s) (if any). Winners will be notified in writing ( ) and their names will be published on on the dates set out below and will remain on the this website for a minimum of twenty-eight (28) days. All reasonable steps to notify winners of the results of the Promotional Draws will be taken by the Promoter. The Promoter s decision is final and no correspondence will be entered into. The s (AEST/AEDT)and dates of the Promotional Stages, Promotional Draws and publication are as follows: Promotional Stage Start date and End date and Promotional Draw date and Publication date 1 9:00AM 5/8/ /7/2014 2/8/2014 4/8/2014

2 2 2 9:00AM 12/8/2014 3/8/2014 9/8/ /8/ :00AM 19/8/ /8/ /8/ /8/2014 HOW TO ENTER 6. To enter the promotion, Entrants must: (a) during the Promotional Period, download and launch the Promoter s The Vodafone Homecoach Game application (Application) on their compatible mobile device and follow the prompts of the Application in the manner required to fully and correctly complete and successfully submit the Application s registration form, including providing the Entrant s full name and current and valid address. The Application is available free of charge and can be downloaded via the Apple App Store for Apple iphone/ipad devices or via Google Play for Android devices; and (b) during a Promotional Stage, participate in the game for that Promotional Stage on the Application in the manner required. To use all features of the Application, Entrants must enable 3G, 4G and/or Wi-Fi data connection, location services and push notifications on their mobile device in the manner required. 7. Only one (1) registration per Entrant is permitted and one (1) entry per Entrant for each Promotional Stage. The Promoter accepts no responsibility for late registrations. Registrations will be deemed to be accepted at the of receipt and not at the of transmission. Registrations will be considered final by the Promoter, unless an Entrant changes their registration details in the manner required on the Application before the corresponding Promotional Draw. Incomplete, inaccurate, erroneous, ineligible or incomprehensible registrations will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected registrations. Registrations must be received by the Promoter during the Promotional Period. Any contact details entered incorrectly on the Application by an Entrant will deem their entry invalid. 8. Costs associated with accessing the Application remain an Entrant s responsibility and may vary depending on the Internet Service provider used. Entrants must have the bill payer s consent to use mobile Internet to register and enter the promotion, otherwise their registration and entry into the promotion will be deemed invalid. Some service providers and mobile devices may not provide access to mobile Internet and Entrants must check with their service provider if unsure. Downloading, accessing and using the Application will incur data charges. Any external links (such as links clicked through the Apple App Store or Google Play) and Application features that require Internet connection may also incur data charges. Data charges will remain the responsibility of the Entrants and will vary depending on the Internet service provider, usage plan or mobile carrier used (as applicable). Entrants will need to refer to the terms of the contracts with their mobile carrier, usage plan or Internet service provider (as applicable) for costs. The charges for all data services will appear on each Entrant's next mobile phone bill and/or Internet bill (as applicable). All general queries relating to carrier rates or mobile or Internet bills should be directed to the Entrants mobile phone carrier or Internet service provider (as applicable). 9. The use of any automated registration and/or entry software or any mechanical, electronic or other means that allows a Entrant to automatically register and enter repeatedly other than in accordance with these Conditions of Entry is prohibited and will render the registration and all entries of that Entrant invalid. PRIZES 10. The prizes awarded in this promotion are as follows:

3 3 a. The first six (6) eligible entries randomly drawn from all entries received in Promotional Stage 1 will each win one (1) Samsung GALAXY ACE valued at $ b. The first four (4) eligible entries randomly drawn from all entries received in Promotional Stage 2 will each win one (1) Samsung GALAXY ACE valued at $ c. The first two (2) eligible entries randomly drawn from all entries received in Promotional Stage 3 will each win one (1) Samsung GALAXY ACE valued at $ The prizes are offered unlocked. Connection, mobile telephone plan and call costs in respect of the Samsung GALAXY ACE are the responsibility of the winners. 12. All costs not expressly stated, but which may be incurred in acceptance and use of the prizes, are the responsibility of the winners. Such additional costs include, but are not limited to, Internet connection, data plans, software and applications not provided on the Samsung GALAXY ACE as part of standard retail sale (if applicable). 13. The Promoter may draw ten (10) additional reserve entries in each Promotional Draw and record them (in order) in case an invalid entry or ineligible Entrant is drawn or the Entrant declines to accept a prize. In the event of an invalid entry or an ineligible Entrant, or if the Entrant declines to accept a prize, the prize will be awarded to the first reserve entry drawn. If the prize cannot be awarded to the Entrant drawn, the Promoter will continue this process until the prize is awarded. If after this process a prize has still not been awarded, or if an Entrant drawn cannot be notified, the Promoter will hold an unclaimed prize draw in accordance with Condition Total maximum prize pool value is $3, A prize is not exchangeable or transferable and cannot be taken as cash (unless otherwise indicated). The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price including GST. GENERAL 15. The Promoter may conduct a further draw at the same and place as the original Promotional Draws as is necessary on 8/9/2014, 2014 in order to distribute the prize(s) (if any) unclaimed by that date, subject to any written directions given under applicable State or Territory legislation. In the event of any winner(s) in the unclaimed prize draw, the winner(s) will be notified in writing ( ) and their names and localities will be published on on 9/9/2014 and will remain on this website for a minimum of twentyeight (28) days. All reasonable steps to notify the winner(s) of the results of the unclaimed prize draw (if any) will be taken by the Promoter. The Promoter s decision is final and no correspondence will be entered into. 16. Entrants can only register and enter the promotion in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to register and enter in the promotion and an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the sole discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested ) appropriate photo identification or other documentation (to the Promoter s satisfaction, at its sole discretion) in order to confirm the Entrant s identity, age, residential address, eligibility to register, enter and claim a prize, and any information submitted by the Entrant in registering and entering the promotion, before issuing a prize (including confirming consent of an Entrant s parent or legal guardian and the name and address of the parent of legal guardian where an Entrant is under 18 years of age). If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant has not been verified or validated to the Promoter s satisfaction, then the registration of that Entrant will be ineligible and deemed invalid.

4 4 17. The Promoter reserves the right to verify the validity of any and all registrations and entries and reserves the right to disqualify any Entrant for: (a) tampering with the registration process; (b) submitting a registration and/or entry which is not in accordance with these Conditions of Entry; or (c) if the Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter s legal rights to recover damages or other compensation from such an offender are reserved. 18. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Application or the information on the Application, or to otherwise undermine the legitimate operation of this promotion, may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to terminate access to the Application and to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by a Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs. 19. It is a condition of accepting a prize that a winner may be required to sign a legal release or releases in a form determined by the Promoter in its absolute discretion. 20. If a prize or element of a prize becomes unavailable for any reason beyond the Promoter s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu, subject to any written directions made under applicable State or Territory legislation. 21. Prizes will only be awarded where the Entrant fulfils all the requirements of the Promoter s verification tests and procedures. The verification tests and procedures shall be determined by the Promoter in its absolute discretion. [winner of the prize must provide evidence of age, address details, parent consent if required if it is not possible to request this information at registration that they are eligible to accept the prize] 22. The Nine Network reserves the right in their absolute discretion to change or amend The Voice Australia schedule without notice. The Promoter accepts no responsibility for the cancellation, rescheduling, change or delay of The Voice Australia for any reason beyond the control of the Promoter. If this promotion and/or The Voice Australia is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion and/or The Voice Australia, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or, if necessary, to provide alternative prizes to the same value as the original prizes, subject to any written directions made under applicable State or Territory legislation. 23. The Promoter, its associated agencies and companies excludes all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable Consumer Guarantee under the Australian Consumer Law), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged registrations, prize claims or prizes; and/or (iv) acceptance and/or use of a prize. Applicable manufacturers and/or distributors should be contacted in regards to all prize warranty claims (where applicable). 24. As a condition of registering and entering this promotion, an Entrant consents to, in the event they are a winner, the Promoter using the Entrant s name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees, in the event they are a winner, to participate in all reasonable promoted

5 5 activities in relation to the promotion as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition. 25. An entry and any copyright subsisting in an entry irrevocably becomes, at of entry, the property of the Promoter. The Promoter collects Personal Information about a Entrant to include the Entrant in a promotion and, where appropriate, award prizes. If the Personal Information requested is not provided, the Entrant cannot enter the promotion and is deemed ineligible. A Entrant also agrees that the Promoter may, in the event the Entrant is the winner, publish or cause to be published the Entrant s name and locality in any media as required under applicable State or Territory legislation. An Entrant can gain access to, update or correct any Personal Information held by the Promoter by contacting the Promoter s Privacy Officer at: reporting@shineaustralia.com. All Personal Information will be stored at the office of the Promoter. A copy of the Promoter s Privacy Policy in relation to the treatment of Personal Information collected may be accessed on the Promoter s website The Promoter will provide to the Entrant, at of entry into the promotion, a collection statement that details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter s disclosure obligations under the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act By registering and entering the promotion, a Entrant also acknowledges that a further primary purpose for collection of the Entrant s Personal Information by the Promoter is to enable the Promoter to use the information to assist the Promoter in improving goods and services and to contact the Entrant in respect of the promotion and in the future with information on special offers or to advise the Entrant of the Promoter s other programs, services, events or activities that the Promoter believes the Entrant may be interested in, via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Muldia Message Service), IM (Instant Messaging) and ) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share information with its Australian and overseas related companies, promotional partners and trusted third parties who may contact the Entrant in this way for the purpose set out in this condition. By registering, a Entrant acknowledges and agrees that the Promoter may use the Entrant s Personal Information in the manner set out in this condition. 28. In these Conditions of Entry: Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth). Personal Information means, for the purpose of the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012, information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not. 29. Promoter: Shine (Aust) Pty Ltd (ABN ) of Suite 1, The Upper Deck, Jones Bay Wharf, Pirrama Road, Pyrmont NSW Telephone number: (02) NSW Permit No. LTPS/14/ ACT Permit No. 14/00989.