“FINAL SCORE FOXTEL STORE” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The Promoter is Defiant Screen Entertainment Pty Ltd (ABN 63 114 544 562) of Suite 1001, 4 Daydream Street, Warriewood NSW 2102, telephone: 02 9997 3936.
3. Entry is only open to Australian residents aged 18 years or over who have a current Foxtel subscription account.
4. Entrant’s subscription account must not be in arrears throughout the Promotional Period and must not have overdue monies owing at 06/02/2019 in order to be eligible to claim the prize.
5. Employees (and their immediate families) of the Promoter, Foxtel Management Pty Ltd (“Foxtel”) and agencies associated with this promotion are ineligible to enter. 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.
6. Entries into the promotion open on 26/12/2018 and close at 11:59pm AEDT on 31/01/2019 (“Promotional Period”).
7. To be eligible to enter, eligible individuals must rent the film ‘Final Score’ from Foxtel during the Promotional Period (minimum rental cost is $5.95).
8. To enter, individuals must then visit https://www.defiant-ent.com/foxtel-competition/, follow the prompts to the promotion entry page, input the requested details into the online entry form and submit the fully completed entry form so that it is received during the Promotional Period. In order for an entry to be valid, the entry form must be completed with the details of the Foxtel subscription account holder.
9. Entry to the promotion is limited to one (1) entry per Foxtel subscription account.
10. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
11. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
12. The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250 on 04/02/2019 at 11am AEDT. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified in writing within two (2) business days of the draw and their name will be published online at www.defiant-ent.com and on the Promoter’s Facebook page (www.facebook.com/defiantscreenentertainment) from 06/02/2019.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. The first valid entry drawn will win a trip for two (2) people to watch a football (soccer) match in the winner’s choice of Sydney, Melbourne, Adelaide or Brisbane valued at up to $6,000 depending on date and point of departure. Prize includes:
- Two (2) x return economy airfares from winner’s nearest capital city to winner’s choice of Sydney, Melbourne, Adelaide or Brisbane;
- Two (2) nights twin share minimum 4-star accommodation;
- Two (2) tickets to a football (soccer) match (exact match to be determined by the Promoter); and
- $500 spending money for the winner only (awarded via cheque or EFT).
For the removal of doubt, the winner can only choose one (1) destination. Additional spending money, meals, insurance, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken by 04/02/2020 (during the football season) and is subject to booking and flight availability. Prize cannot be taken during Australian school holidays, public holidays or other peak periods.
15. The winner may select a companion of any age, however during the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age. The winner and his/her companion must depart from and return to the same departure point, travel together and stay at the same property. Itinerary to be determined by the Promoter in agreement with the winner but in the event that agreement cannot be reached, the Promoter reserves the right to determine the itinerary. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.
16. The winner must finalise the details of the prize with the Promoter within twelve (12) weeks of accepting the prize. The winner must book at least sixty (60) days prior to intended travel departure date. Prize is a single event holiday and cannot be separated into different holiday vacations. No compensation or alternative travel plans will be arranged should the winner and/or his/her companion miss their outbound or return flights or fail to meet any check in requirements for any reason. These costs will be the responsibility and expense of the winner and/or his/her companion. Once the booking is confirmed no changes are allowed, unless otherwise authorised by the Promoter in its absolute discretion and if permitted will incur a fee of $150 including GST plus supplier charges which is payable by the winner. Travel suppliers/airlines to be chosen at the discretion of 33 Degrees Worldwide Pty Ltd (the Promoter’s Prizing Agency). Comprehensive travel insurance is highly recommended and at the expense of the winner. The winner and his/her companion agree they will not sell or otherwise provide their story and/or photographs to any media or other organisations other than the Promoter.
17. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
18. Subject to the unclaimed prize draw clause, if for any reason the winner does not take / redeem the prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
19. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
20. The football ticket prizes are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or his/her companion/s) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
21. Total prize pool value is up to $6,000. Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
22. A draw for the prize, if unclaimed, may take place on 06/05/2019 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified in writing within two (2) business days of the draw and their name will be published online at www.defiant-ent.com and on the Promoter’s Facebook page (www.facebook.com/defiantscreenentertainment) from 08/05/2019.
23. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
24. 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 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; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
25. 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 States 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) and Foxtel exclude 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 promotion.
26. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) and Foxtel are not responsible for and excludes 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: (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 Promoter) 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) if the football match is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) taking of the prize / attendance at the prize event.
27. As a condition of accepting the prize, the winner (and his/her companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form, by the requested date. In the event a winner or winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
28. The Promoter collects personal information (“PI“) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.defiant-ent.com/privacy-policy/. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose PI to any entity outside of Australia.
NSW Permit No. LTPS/18/30469 ACT Permit No. TP18/02426 SA Permit No. T18/218
