“ONE DIRECTION PHOTO CARDS 2013 CONCERT DOUBLE-PASS” 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. Entry is only open to Australian and New Zealand residents who: i) are available to attend any One Direction concert in Sydney, Melbourne and Brisbane in 2013 in (with concerts taking place in September and October 2013); and ii) have purchased three (3) Banter One Direction photo cards from an Australian or New Zealand retailer. The purchase may be made prior to the Promotional Period.
3. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
4. 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.
5. Promotion commences on 01/10/2012 and final entries close at last mail received on 25/01/2013 (“Promotional Period”).
6. To enter, individuals must complete the following steps during the Promotional Period:
(a) write their full name, the full name of their nominated parent/guardian (if they are under the age of 18), age, mailing address, a valid email address and contact phone number on a piece of paper;
(b) attach three (3) original Banter One Direction photo card wrappers (damaged and/or partial wrappers will not be accepted); and
(c) send together to One Direction Promotion, Banter Toys and Collectibles, PO BOX 5830, Cranbourne VIC 3977, Australia, so that it is received by last mail on 25/01/2013.
7. 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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.
8. Incomplete, indecipherable, or illegible entries will be deemed invalid. Entries with damaged and/or partial Banter One Direction photo card wrappers will be deemed invalid.
9. Multiple entries permitted, subject to the following: (a) only one entry permitted for every three (3) original Banter One Direction photo card wrappers submitted; and (b) each entry must be submitted separately and in accordance with entry requirements. For the sake of clarity, individuals that have purchased six (6) Banter One Direction photo cards are eligible to submit two (2) entries, individuals that have purchased nine (9) Banter One Direction photo cards are eligible to submit three (3) entries, etc., provided entries are submitted separately and in accordance with the above instructions.
10. 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.
11. The draw will take place at Banter Toys & Collectibles, 1 Chapel Street, Lynbrook, VIC 3975 at 12:00pm AEDST on 29/01/2013. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
12. Winners will be notified by telephone and email within two days of the draw, and their names will be published on www.bantertoys.com.au and in The Australian on 04/02/2013.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. The first five (5) valid entries drawn will each win a trip for one (1) adult and one (1) child (aged 15 or under) to attend a One Direction concert in Australia, valued at up to AU$898.00, depending on date and point of departure. The prize includes:
• two (2) tickets to a One Direction 2013 Australia Tour concert at either the Rod Laver Arena in Melbourne, VIC, the Allphones Arena in Sydney, NSW, or the Brisbane Entertainment Centre in Brisbane, QLD. The exact concert location and date each winner will receive tickets to will be determined by the Promoter in its absolute discretion. The Promoter will endeavour to meet each winner’s concert location preference, on a first come first serve basis, subject to availability;
• one (1) night twin-share accommodation in a 3-star hotel for one (1) adult and one (1) child in the capital city to the One Direction Concert they win tickets to (either Melbourne, Sydney or Brisbane); and
If the winner is from Australia and does not reside in the same State as the corresponding 2013 One Direction concert that they have won tickets to, the prize will also include return economy airfares for one (1) adult and one (1) child from the winner’s nearest capital city to the city at which the concert takes place, and return airport transfers (up to a maximum of $100 return). If the winner is from New Zealand, the prize will also include return economy airfares for one (1) adult and one (1) child from the nearest of Auckland, Wellington or Christchruch to the city at which the concert takes place, and return airport transfers (up to a maximum of $100 return).
If the winner is from Australia and resides in the same State as the corresponding 2013 One Direction concert that they have won tickets to, the prize does not include airfares, and the airfare component of the prize will be forfeited.
15. Spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, 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 the corresponding One Direction concert they have won tickets to and is subject to booking and flight availability.
16. If a winner 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.
17. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age.
18. Each winner and their companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation.
19. Each winner and their companion must depart from and return to the same departure point and travel together.
20. Itinerary to be determined by the Promoter in its absolute discretion.
21. Frequent flyer points will not form part of the prize.
22. Winners may be required to present their credit card at time of accommodation check in.
23. 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.
24. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a 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.
25. If any prize (or part of 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.
26. The One Direction concert 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 any winner (and/or his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
27. Total prize pool value is up to AU$4,490.
28. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
29. A draw for any unclaimed prizes may take place on 29/04/2013 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by telephone and email within two days of the draw, and their names will be published on www.bantertoys.com.au and in The Australia on 06/05/2013.
30. 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.
31. 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.
32. 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 New Zealand or 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.
33. 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) if the One Direction concert event is postponed and/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 or participation in a prize.
34. As a condition of accepting the prize, each winner (and their 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.
35. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information 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 information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
36. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
37. The Promoter is Croftminster Pty. Ltd. trading as Banter Toys and Collectibles (ABN 11 007 061 314) of 1 Chapel Street, Lynbrook, VIC 3975, telephone (03) 9799 3422.
NSW Permit No. LTPS/12/7974, ACT Permit No. TP12/3622.