JB HI-FI COMIC-CON 2015 JB HI-FI EXCLUSIVE PROMOTION TERMS AND CONDITIONS

Transcription

1 JB HI-FI COMIC-CON 2015 JB HI-FI EXCLUSIVE PROMOTION TERMS AND CONDITIONS 1. Information on how to enter and the prize forms part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. The promoter is Twentieth Century Fox Home Entertainment South Pacific Pty Limited (ABN ) of Level 3, Frank Hurley Grandstand, Fox Studios Australia, 38 Driver Avenue, Moore Park, NSW 2021 ( Fox ). 2. Entry is only open to Australian residents aged 18 years or over. Employees (and their immediate families) of Fox, JB Hi-Fi Group Pty Ltd (JB Hi-Fi), contractors working through or with Fox or JB Hi-Fi and any other 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, stepgrandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, stepsister or 1 st cousin. 3. Promotion commences on 13/04/15 and closes 11:59pm AEST on 24/05/15 ( Promotional Period ). 4. To be eligible to enter, individuals must complete the following steps during the Promotional Period: (a) purchase any Fox TV product(s) marked with a promotional sticker mentioning this promotion, from any participating JB Hi-Fi store ( Qualifying Transaction ). Participating JB Hi-Fi stores are any JB Hi-Fi stores which display advertising for this promotion; and (b) visit and follow the prompts to the promotion entry page; (c) input the requested details (including their full name, a valid address, phone number and their purchase receipt number); (d) answer the promotional question Tell us in 25 words or less what excites you most about going to Comic Con 2015? ; and then (e) submit the fully completed entry form so that it is received during the Promotional Period. 5. Fox 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 Fox 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 Fox's discretion. Failure by Fox to enforce any of its rights at any stage does not constitute a waiver of those rights. Fox s legal rights to recover damages or other compensation from such an offender are reserved.

2 6. Incomplete or indecipherable entries will be deemed invalid. 7. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction, regardless of the number of eligible products purchased in that Qualifying Transaction in excess of one (1); (b) each entry must be substantially unique; and (c) each entry must be submitted separately and in accordance with entry requirements. 8. Entrants must retain their original purchase receipt(s) and the barcode from each eligible Fox TV product purchased 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 Fox, result in invalidation of ALL of an entrant s entries and forfeiture of any right to the prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Promotional Period but prior to entry. 9. If there is a dispute as to the identity of an entrant, Fox reserves the right, in its sole discretion, to determine the identity of the entrant. 10. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on originality and creative merit of the answer provided to the promotional question. The judges may select additional reserve entries, which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. 11. The winner will be notified by or telephone and their name will be published at from 01/06/ Fox s decision as the promoter is final and no correspondence will be entered into. 13. The best valid entry, as determined by the judges, will win a trip for two (2) adults to San Diego, California, USA to attend the 2015 San Diego Comic- Con, valued at up to AU$14, depending on point of departure. Prize includes: Two (2) x return economy airfares from the winner s nearest Australian capital city to San Diego; five (5) nights twin-share accommodation at Hyatt Regency Mission Bay Spa and Marina, check in 08/07/2015 and check out 13/07/2015 (exact hotel and room type to be determined by Fox); two (2) x four-day/preview night passes to San Diego Comic Con 2015; one (1) x Cosplay costume shop gift voucher to the value of US$120.00; US$ spending money per person, awarded in the form of a prepaid Visa card; and a Meet & Greet for the winner and their companion with a TV or film personality to be determined by Fox in its absolute discretion. 2

3 14. Additional spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken to coincide with San Diego Comic-Con 2015 (held at the San Diego Convention Centre between 09/07/2015 and 12/07/2015) with flights departing Australia on 08/07/2015, and is subject to booking and flight availability. 15. The Meet & Greet will provide the winner and their companion with an opportunity to meet, and have a photograph taken with a TV or film personality. However, these elements of the prize are not guaranteed and are subject to the goodwill of the personality on the day. Fox accepts no responsibility and will not offer any alternative in the event that these elements of the prize cannot be offered for any reason. 16. The winner will also have the opportunity to share their experiences during the prize via the Fox TV Facebook Page (with this content potentially also to be included on JB Hi-Fi s Facebook Page at JB Hi-Fi s absolute discretion). The winner must submit content to Fox for review prior to the content being published on the Fox TV Facebook Page. As a condition of taking the prize, the winner and the winner s companion will also be required to participate in a Q&A session with Stack Magazine and in any other interviews and promotional activities reasonably requested by Fox. Stack Magazine will interview the winner and their companion, take photos and join them on the Meet & Greet and may publish any or all of the information collected, including but not limited to: images of the winner and/or their companion and interview content. The winner will be provided with the full details of their expected involvement in promotional activities once notified. Fox reserves the right to refuse to publish any content that is submitted by the winner, including but not limited to any content that Fox deems in its absolute discretion to be offensive, inappropriate, degrading, unsuitable for publication, unlawful or in breach of third party rights. 17. The winner and their companion agree that they are fully responsible for the content they submit in connection to the promotion including but not limited to comments, recordings and images ( Content ). Fox shall not be liable in any way for such content to the full extent permitted by law. Fox may remove or decline to publish any Content without notice for any reason whatsoever. The winner and their companion further warrant and agree that: (a) they will not submit any Content that is unlawful or fraudulent, or that Fox may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) their Content shall not contain viruses or cause injury or harm to any person or entity; 3

4 (c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content; (d) the Content is the original work of the winner and/or the companion that does not infringe the rights of any third party or the winner and their companion have obtained full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions; (e) they consent to any use of the Content which may otherwise infringe the Content creator s/creators moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and (f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems. Without limiting any other terms herein, the winner and their companion agree to indemnify Fox for any breach of the above terms. 18. As a condition of entering this promotion, the winner and their companion license and grant Fox, its affiliates and sub-licensees a non-exclusive, royaltyfree, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their Content for any purpose, including but not limited to future promotional, marketing or publicity purposes in any media, without compensation, restriction on use, attribution or liability. 19. As a condition of accepting the prize, the winner and their companion acknowledge that they may be photographed, recorded and/or filmed during the duration of the prize. The winner and their companion grant Fox a licence for their names, likeness, images and/or voices (including photograph, film and/or recording of the same) to be used 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 Fox. 20. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner and their companion are responsible for ensuring that they have passports with minimum six (6) months validity, and any requisite travel documentation including without limitation the ESTA Visa Waiver. The winner and their companion must depart from and return to the same departure point and travel together. Itinerary to be determined by Fox in its absolute discretion. Frequent flyer points will not form part of the prize. The winner may be required to present their credit card at time of accommodation check in. 21. The San Diego Comic-Con 2015 passes are subject to the event venue and pass terms and conditions. Fox and event organisers hereby expressly reserve the right to eject the winner (and their companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize. 4

5 22. Any ancillary costs associated with redeeming the pre-paid Visa card are not included. Any unused balance of the pre-paid Visa card will not be awarded as cash. Redemption of the pre-paid Visa card is subject to any terms and conditions of the issuer including those specified on the pre-paid Visa card. 23. If for any reason the winner does not take the prize (or an element of the prize) at the time stipulated by Fox, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash. 24. In the event of war, terrorism, state of emergency or disaster, Fox reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify the prize, as appropriate. 25. If the prize (or part of the prize) is unavailable, Fox, in its discretion, reserves the right to substitute the prize (or part of the prize) with a prize to the equal value and/or specification. 26. Total prize pool value is up to AU$14, The prize is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. 27. As a condition of entering into this promotion, each entrant licences Fox to use their entry in any media for an unlimited period for any reason including but not limited to future promotional, marketing or publicity purposes. Each entrant warrants to Fox that each entry submitted is an original literary work of the entrant that does not infringe the rights of any third party. The entrant agrees to indemnify Fox against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their entry, which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth). 28. 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 Fox, including but not limited to technical difficulties, unauthorised intervention or fraud, Fox reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate. 29. Any cost associated with accessing the promotional website is the entrant s responsibility and is dependent on the Internet service provider used. 30. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid. 31. 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 ). 5

6 Except for any liability that cannot by law be excluded, including the Non- Excludable Guarantees, Fox, JB Hi-Fi and the organisers of the 2015 San Diego Comic-Con (including their respective officers, employees and agents) 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. 32. Except for any liability that cannot by law be excluded, including the Non- Excludable Guarantees, Fox, JB Hi-Fi and the organisers of the 2015 San Diego Comic-Con (including their respective officers, employees and agents) are not responsible for and 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: (a) any technical difficulties or equipment malfunction (whether or not under their 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 Fox) due to any reason beyond the reasonable control of Fox; (d) any variation in prize value to that stated in these Terms and Conditions; (e) if the San Diego Comic-Con 2015 event is cancelled, delayed or postponed for any reason beyond their reasonable control; (f) any tax liability incurred by the winner or any entrant; or (g) taking of and/or participation in the prize. 33. As a condition of accepting the prize, the winner and their companion must sign any legal documentation as and in the form required by Fox and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. 34. Entries remain the property of Fox and JB HiFi. JB Hi-Fi collects personal information and entrants consent to JB Hi-Fi using their personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion, awarding the prize and to conduct direct marketing activities. For these purposes, JB Hi-Fi may disclose personal information to third parties, including but not limited to related entities, agents, contractors, prize suppliers and any applicable statutory authorities. JB Hi-Fi will also disclose any winners and reserve entries details to Fox. Entry is conditional on providing the requested personal information. Without limiting the foregoing, entrants' personal information provided in connection with this promotion will be handled in accordance with JB Hi-Fi s Privacy Statement, a copy of which is available at The Privacy Statement also contain details about how entrants may opt out, access, update or correct their personal information, 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. JB Hi-Fi is likely to disclose the personal information that it collects and holds to third parties who are not in Australia (such as third parties who are located in the United States of America, Singapore, the United Kingdom, Holland and New Zealand). 6

7 35. Fox collects winners and reserve entries personal information in order to select and/or verify any winner(s), award the prize(s) and conduct/facilitate promotional activities, and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, and prize suppliers. Entry is conditional on providing the requested information. All personal information collected by Fox will also be handled in accordance with Fox s Privacy Policy, which can be viewed at: The Privacy Policy contains information about how entrants may opt out, access, update or correct their personal information, 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. Personal information may be disclosed to entities outside of Australia in accordance with the Privacy Policy. 7