Mother's Day Campaign Terms and Conditions
Conditions of entry:
1. Information on how to enter, mechanics of entry and prizes form part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry. Entry is via Internet only.
WHO IS ELIGIBLE TO ENTER
2. Entry is only open to residents of South Australia aged 13 years or older who, in the event their entry is judged to be the winning entry, are able to participate in the prize in full on 15/05/2016 as set out in Condition 15 (Entrants). The Judging Panel (and their immediate families) and the directors, management and employees (and their immediate families) of the Promoter and each of their related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion. Immediate family 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, step-brother, step-sister or 1st cousin.
3. 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 entries of Entrants who are under the age of 13 years and enter 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 the winner is aged under 18 years, the prize will, at the sole discretion of the Promoter, be awarded to the parent or legal guardian who consented to the winner entering the promotion on behalf of the winner and that parent or legal guardian must accompany the Entrant for the duration of the prize.
4. The promotion commences at 12:01pm on 28/04/2016 and ends at 11:59pm on 05/05/2016 (Promotional Period).
HOW TO ENTER
5. To enter the Promotion, Entrants must, during the Promotional Period:
a. become a registered user of Facebook (Entrants who are already registered users of Facebook will not be required to complete this step);
b. navigate to www.facebook.com/southaustralia and;
c. respond by commenting on the first published Page post your most memorable South Australian Mother’s Day experience.
6. Multiple Entries are permitted, however each Entry must be substantially unique, must be submitted separately and must independently comply with these Conditions of Entry.
7. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into. Without limiting any of the provisions of these Conditions of Entry, the Promoter requires that each Entry fully complies with these Conditions of Entry and must not include or make reference to the Intellectual Property Rights of any person including but not limited to any visible logos, drawings, cartoons, phrases, trade marks, copyrighted material, mark that identifies a brand or other third party materials where required for Entry into the promotion, unless the Entry is submitted with the written consent of the owner of the applicable Intellectual Property Rights. An Entry submitted without obtaining such written consent may result in the Entry becoming invalid for the purposes of the promotion and/or the Entrant being subject to legal liability. Any Entries that contain content that the Promoter, in its sole discretion, considers to be offensive, inappropriate or objectionable in any way or to infringe any Intellectual Property Rights or other rights of any person, corporation or entity, will not be accepted as eligible Entries into the promotion. This includes, but is not limited to, any Entry which the Promoter considers to be disparaging to its products and/or services or is otherwise not in keeping with the spirit of the promotion. The decision by the Promoter to accept or reject an Entry is in the Promoter's sole discretion and no correspondence will be entered into.
8. An Entrant may, during the Promotional Period, be requested by the Promoter to resubmit their Entry via Facebook if the Promoter considers the Entry submitted to be ineligible to be accepted as an eligible Entry (Resubmitted Entry). The decision by the Promoter to request a Resubmitted Entry, or to accept or reject a Resubmitted Entry as an eligible Entry, is in the Promoter’s sole discretion and no correspondence will be entered into. If a Resubmitted Entry is accepted by the Promoter, in its sole discretion, as an eligible Entry, the Resubmitted Entry will be deemed to be an Entry for the Entrant for the remainder of the Promotion. If a Resubmitted Entry is rejected by the Promoter as an eligible Entry, or is not received by the Promoter during the Promotional Period, the Entrant will not have gained an Entry into the Promotion.
9. Entries and Resubmitted Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries and Resubmitted Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible Entries and Resubmitted Entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected Entries and Resubmitted Entries.
10. As a condition of entering this Promotion, an Entrant consents to, in the event they are the winner, the Promoter using the Entrant’s Entry, name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time 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 that, in the event they are the winner, the Entrant will participate in all reasonable promoted activities in relation to the Promotion as requested by the Promoter and its agents.
11. Entrants acknowledge that in the event that their Entry is judged to be the winning Entry, the Promoter will contact the Entrant via Facebook by commenting on their Entry. The Entrant will be required to contact the Promoter via direct message on the Promoter’s Facebook Page, and provide their full name, date of birth, postal address and residential address (if the addresses differ) and contact number.
12. Entrants acknowledge that their personal Facebook profile will be updated by entering the Promotion and that their Entry or Entries and their name, locality, username and/or profile photograph may be featured on the Promoter’s Facebook Page, on the Entrant’s personal Facebook Profile and generally on Facebook for public viewing during the Promotional Period and in perpetuity (unless otherwise requested). Once an Entry is submitted, Entrants acknowledge that the Entry may not be withdrawn, altered or deleted (except as and where required by the Promoter).
13. Facebook membership, applications and use of Facebook generally are subject to their respective prevailing terms and conditions of use at https://www.facebook.com/terms. The Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. Entrants are solely responsible and liable for any content or information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Facebook and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the Promotion. Any questions, comments or complaints about the Promotion must be directed to the Promoter and not to Facebook.
14. All eligible entries will be judged by a panel of appropriately qualified judges by 06/05/2016 at 12:00pm (ACST) at 6 Solomon St, Adelaide SA 5000 to determine the winner. All eligible entries will be judged on a basis of originality and creative merit. This is a game of skill and chance plays no part in determining the winners. The winner will be notified in writing on the social media platform used to enter the Promotion within one (1) day of the judging. All reasonable steps to notify the winners of the results of the judging will be taken by the Promoter. Judges’ decision is final and no correspondence will be entered into.
15. The Entry judged as the best Entry from all eligible Entries received during the Promotional Period, will win one (1) private cinema screening of the film ‘Mother’s Day’ on 15/05/16 for up to thirty (30) guests (Prize) valued at up to $2,750.00. The Prize is one (1) private cinema screening of the film ‘Mother’s Day’, Food & Beverage package which includes one house beverage (soft drink, beer or wine), two sliders and fries each person at Event Cinemas Marion, Westfield Marion Level 3,, 297 Diagonal Rd, Oaklands Park SA 5046.
16. Participation in the Prize in full must occur on 15/05/2016. All components of a Prize must be taken together when offered or are forfeited. Prize is a single film screening and cannot be separated into different session times. The winner may not accrue loyalty points.
17. All additional costs not expressly stated, but which may be incurred in acceptance and use of the Prize are the responsibility of the winner. Such additional costs may include, but are not limited to transport to and from film screening venue. No compensation or alternative session times will be arranged should the winner miss the Prize session time.
18. The winner must conduct themselves in a responsible, courteous and friendly manner at all times whilst participating in the Prize. Acceptance of a Prize and participation in a Prize is subject to any prevailing terms and conditions of the Prize supplier and in particular behaviour and safety requirements. The winner must follow all reasonable directions given by the Promoter and the Prize supplier during the course of their participation in the Prize, including all directions in relation to behaviour and safety. The Promoter and the Prize supplier reserve the right, in their absolute discretion, to refuse entry into the cinema, to disqualify, sanction and/or eject the winner from the Prize related event or venue, or to refuse participation in certain activities, on the grounds of inappropriate behaviour, or safety reasons, or for any breach of these Conditions of Entry generally. If the winner fails to participate in the Prize in the manner required, as stated in this condition and in the reasonable opinion of the Promoter, their entry and the balance of the Prize will be forfeited with no compensation payable.
19. It is a condition of accepting a Prize that the winner may be required to sign eligibility form(s), code(s) of conduct and/or legal release(s) and agree to a Prize acceptance form including liability and publicity waiver within one (1) week of being notified as the winner, in a form determined by the Promoter in its absolute discretion. If the winner is under 18 years of age, their parent or legal guardian must also agree to and sign such documents (if requested by the Promoter).
20. The total maximum prize pool value awarded in this Promotion is up to $2,750.00. The Prize is not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). The Prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that may arise from 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.
21. Entrants can only enter via one (1) Facebook account. The Promoter reserves the right to verify the validity of any and all Entries and reserves the right to disqualify any Entrant for: (a) tampering with the Entry process; (b) submitting an 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. Each Prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
22. By entering the Promotion, each Entrant grants to the Promoter a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence (and agrees to use their best endeavours to procure any relevant third parties to grant to the Promoter such licence) to use their Entry for the purposes of marketing and promoting the Promoter and/or its goods and services in any manner and in any media whether existing now or in the future, without the further consent of the Entrant and without any further compensation payable to the Entrant. Each Entrant also expressly consents for the benefit of the Promoter to all or any acts or omissions that would ordinarily constitute an infringement of the Entrant’s moral rights in relation to all Intellectual Property Rights in their Entry pursuant to the Copyright Act 1968 (Cth), including the Promoter having an unfettered right to treat the Entry in any manner at its sole discretion, to alter the Entry in any manner and to the Promoter not attributing authorship of the Entry to the Entrant.
23. All right, title and interest, including in all Intellectual Property Rights, in all promotional materials and in the Promoter's brands, logos, trading names, products and/or services and the Promoter’s website will remain or be vested in the Promoter. Participation in the Promotion by an Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any promotional material or in any of the Promoter's brands, logos, trading names and products and/or services. The Promoter, on a case by case basis and to the extent required, grants to each Entrant a non-exclusive licence for the Promotional Period to use the Promoter's brands, logos, trading names and products and/or services solely for the purpose, and to the extent necessary, to enable each Entrant to participate in the Promotion.
24. To the extent permitted by law, each Entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses arising from: (i) a breach by the Entrant of any of these Conditions of Entry; (ii) any third party claim arising directly or indirectly from a breach by the Entrant of any of these Conditions of Entry; (iii) a negligent, wilful or otherwise wrongful act or omission of the Entrant; (iv) fraudulent or dishonest acts or omissions by the Entrant; (v) any breach by the Entrant of any applicable Laws; (vi) any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering the Promotion; (vii) the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; and (viii) any claim or allegation that the Entrant's Entry infringes a third party's Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another party's trade secret or confidential information.
25. The use of any automated Entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all Entries submitted by that Entrant invalid.
26. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of Facebook and/or the information on Facebook, 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 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 an Entrant, the Entrant agrees to indemnify the Promoter for those Losses, damages and costs.
27. If this Promotion is not capable of running as planned for any reason, 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, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or, if necessary, to provide an alternative prize or prizes to the same value as the original Prize.
28. The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth)), 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 entries, prize claims or prize(s); and/or (iv) acceptance and/or use of any prize.
29. If the Promoter collects an Entrant’s Personal Information, the Promoter will provide to the Entrant, at time 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).
31. By entering the Promotion, Entrants acknowledge that a further primary purpose for collection of the Entrant’s Personal Information by the Promoter is to contact the Entrant in the future with information about the Promoter, including special offers, market research or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share an Entrant’s Personal Information with its Australian and overseas related companies, servants, employees, agents and trusted third parties who may contact the Entrant for their legitimate commercial purposes, including special offers, market research or to provide the Entrant with marketing materials in this way. By entering the Promotion, Entrants acknowledge and agree that the Promoter and any applicable third parties may use their Personal Information in the manner set out in this condition.
32. Each Entrant acknowledges and agrees that the promotion and these Conditions of Entry are governed by the Laws of the State of the registered office of the Promoter and each Entrant submits to the exclusive jurisdiction of the courts of that State and any courts competent to hear appeals from those courts.
33. In these Conditions of Entry: “Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and generally accepted accounting principles in Australia. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth), 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.
34. Promoter: South Australian Tourism Commission, GPO Box 1972, ADELAIDE SA 5001.