“HOYTS BLANKET 2018/2019” PROMOTION

 

TERMS AND CONDITIONS

 

  1. Information on how to enter and the prize(s) forms part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

 

  1. The Promoter of the ‘6 Things to Know about VMO Active’ competition is Val Morgan Outdoor (VMO), owned by The HOYTS Group.

 

  1. Employees (and their immediate families) of the Promoter, VMO, 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

 

  1. Promotion commences on 11/2/19 and final entries close at 11:59pm AEST on 22/04/19 (“Promotional Period”).

 

  1. To enter, an Eligible Entrant must, during the Promotional Period, attend the ‘6 Things to Know about VMO Active’ meeting, organised by a member of the VMO sales team, in which they will receive a scratch card with a chance to win a prize.

 

  1. Limit on entries:
  • Only one (1) entry is per permitted per person, unless the scratch card reveals that the Entramt has won a Free Scratchie.

 

  1. 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.

 

  1. Incomplete or indecipherable entries will be deemed invalid.

 

  1. 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.

 

  1. The Promoter’s decision is final and no correspondence will be entered into.

 

  1. The Champion prize winners (4 winners) will win either a Samsung Galaxy Note9 as well as their choice of a 6 month Fitness First or Goodlife health club membership OR a Samsung Galaxy watch and their choice of a six month Fitness First or Goodlife health club membership. Each prize combination is valued at a total of $1000. Prizing combination will be selected by the Promoter.

The Mini prize winners (10 winners) will each win a pair of Maui Jim sunglasses and their choice of a three month Fitness First or Goodlife health club membership valued at a total of $1000.

The Instant prize winners (350 winners) will each win a Musashi Protein Bar valued at $5.

 

  1. Any ancillary costs associated with redeeming the voucher/gift card are not included. Any unused balance of the voucher/gift card will not be awarded as cash. Redemption of the voucher/gift card is subject to any terms and conditions of the issuer including those specified on the voucher/gift card.

 

  1. If a/the winner of a/the prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.

 

  1. Subject to the unclaimed prize draw clause, if for any reason a/the winner does not take a/the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

 

  1. If the/any prize (or part of the/any 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.

 

  1. Total prize pool value is $14,000. The prize/Prizes, or any unused portion of a/the prize, are/is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. Any unclaimed prizes will be forfeited.

 

  1. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are the 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.

 

  1. 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.

 

  1. 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) 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 the promotion.

 

  1. 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 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) any tax liability incurred by a winner or entrant; or (f) use of a/the

 

  1. As a condition of accepting the prize, the winner 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.

 

  1. 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.hoyts.com.au/pages/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. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy).

 

  1. The Promoter is Val Morgan Outdoor of THE HOYTS CORPORATION PTY. LIMITED (ABN 31 006 082 551), of Level 50, 680 George Street, Sydney, NSW 2000.

 

NSW Permit No. LTPM/18/03874 ACT Permit No. TP18/02296

  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.

 

  1. Entry is only open to authorised representatives (“Eligible Entrant”) of businesses operating in Australia. For the sake of clarity, more than one (1) Eligible Entrant may enter from an Eligible Business. Employees (and their immediate families) of the Promoter 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

 

  1. Promotion commences on 13/08/2018 and final entries close at 11:59pm AEST on 12/10/2018 (“Promotional Period”).

 

  1. To enter, an Eligible Entrant must, during the Promotional Period, take and submit an original photo with the VMO flag provided. Submissions must be uploaded to Instagram and include @valmorganoutdoor and the hashtag #verymuchoutdoor. Entrants must be following the @valmorganoutdoor account to be considered.

 

  1. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s place of employment) and reserves the right, in its sole discretion, to disqualify any Eligible Entrant who the Promoter has reason to believe has breached 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.

 

  1. Incomplete, indecipherable or illegible entries will be deemed invalid.

 

  1. Only one (1) entry is permitted per Eligible Entrant.

 

  1. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.

 

  1. The judging will take place at Val Morgan Retail Media Pty Ltd, Level 50, 680 George Street, Sydney NSW 2000 commencing on 12/02/2018. The winners will be notified by Instagram comment, direct message or email.
  2. The Promoter’s decision is final and no correspondence will be entered into.

 

  1. (1) valid entry, as determined by the judges, will win one $5,000 Webjet Voucher.

 

  1. Prize will be awarded to the winning Eligible Entrant.

 

  1. If for any reason the winner does not take the prize at the time stipulated by the Promoter, then the prize will be forfeited.

 

  1. If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.

 

  1. Total prize pool value is AUD$5,000. Prizes are not transferable or exchangeable and cannot be taken as cash.

 

  1. Prize providers are not a participant in or sponsor of this promotion.

17.  Eligible Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to response submissions (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Eligible Entrants warrant and agree that:

  • they will not submit any Content that is unlawful or fraudulent, or that the Promoter 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;
  • their Content shall not contain viruses or cause injury or harm to any person or entity;
  • they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
  • the Content is the original literary work of the Eligible Entrant that does not infringe the rights of any third party;
  • 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
  • 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 Eligible Entrant agrees to indemnify the Promoter for any breach of the above terms.

18.  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 Eligible Entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.

19. When applicable to the promotion entry mechanic, any cost associated with accessing the promotional website is the Eligible Entrant’s responsibility and is dependent on the Internet service provider used.

20. The Promoter will not be liable for any tax arising out of participation in this promotion (including acceptance of a prize). Eligible Entrants should seek independent financial advice in this regard.

21. 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 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 any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

22. 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 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) any tax liability incurred by a winner, Eligible Entrant or Eligible Business; or (f) use of a prize.

23. As a condition of accepting a prize, the winner 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.

24. 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 and prize suppliers. 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 www.valmorganoutdoor.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 Eligible Entrant. The Privacy Policy also contains information about how Eligible Entrants may opt out, access, update or correct their PI, how Eligible 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 Australian Eligible Entrant’s personal information to any entity outside of Australia.

25. The Promoter is Val Morgan Retail Media Pty Ltd (ABN 26 086 439 054) of Level 50, 680 George Street, Sydney NSW 2000.

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