TERMS & CONDITIONS
PARTICIPATION
1. This competition (the “PROMOTION”) is conducted by Discovery Asia Inc, 3 Changi Business Park Vista, #03-00 Singapore 486051 (c/o Discovery Networks Australia 5 Thomas Holt Drive, North Ryde 2113, ABN 47 097 858 172) (the “PROMOTER”).
2. The Promotion is a game of chance and skill plays no part in determining the winners.
3. Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the Prize if they are a winner.
4. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.
5. The Promotion is only open to eligible entrants (the “ENTRANTS”), being individuals who are:
a) permanent residents of Australia and New Zealand; and
b) over the age of 18,
c) be a FOXTEL, AUSTAR, Telstra, Optus or SKY TV subscriber, or live in a household with a FOXTEL, AUSTAR, Telstra, Optus or SKY TV subscription and have the subscriber’s permission, and the subscriber’s account is not in arrears for the duration of the Promotion up to and including any re-draw or unclaimed prize draw;
and must not be:
d) employees of the Promoter, FOXTEL, AUSTAR, Telstra, Optus, SKY TV or an employee of these company’s related corporations or agencies associated with the Promotion; or
e) a spouse, defacto spouse, parent, child or sibling (whether natural or by adoption) of such an employee.
6. Entry to the Promotion commences at 00:01 hrs on Wednesday 16 July 2008 and closes at 23:59 hrs on Wednesday 29 October 2008 (the “ENTRY PERIOD”). All times and dates are times and dates in Sydney, which may be AEST or AEDT depending on the date. All times are stated using the 24 hour clock. 00:00 hrs is the start of a day and 24:00hrs is the end of the day.
ENTRY
7. To enter the Promotion, during the Entry Periods an Entrant must:
a) when promoted by the on-screen message, send a text/SMS message to 19777666 (for Australian residents) and 3132 (for NZ residents) (the “SMS NUMBER”) containing the entrants full name, address and advertised code word.
8. The Entrant’s answer to the Entry Question must not be, without limitation,:
a) late;
b) delayed;
c) incomplete;
d) incomprehensible;
e) unlawful;
f) obscene;
g) defamatory;
h) libellous;
i) threatening;
j) pornographic;
k) harassing;
l) hateful;
m) racially or ethnically offensive;
n) capable of encouraging conduct that would be considered a criminal offence;
o) capable of violating any law; and/or
p) capable of giving rise to civil liability.
9. After sending an SMS in accordance with Condition 7, Entrants will receive a reply SMS confirming receipt.
10. Entrants may enter the Promotion multiple times during the Entry Period.
11. SMS entry will not exceed $0.55 per entry including GST (for Australian residents) or $0.20 per entry including GST (for NZ residents).
12. Entrants must ensure that their entries are received by the Promoter during the Entry Periods. All entries are deemed to be received at the time of receipt by the Promoter, not time of transmission by the Entrant. The Promoter takes no responsibility for late, lost or misdirected entries or for any delays or failures in any telecommunications service or equipment. The Promoter accepts no responsibility for any SMS messages not received by the Promoter or for any delays in the delivery of any SMS message due to technical disruptions, network congestion or for any other reason.
13. The SMS entry mechanic is only open to consumers with a SMS compatible mobile phone connected to a service provider which permits text messaging to the SMS Number. It is recommended that entrants check with their individual service provider in this regard.
14. SMS entries via the internet or computer generation are invalid and will not be accepted.
15. Should Entrant’s contact details change at any time between the date that they enter the Promotion and the date of the Unclaimed Prize Draw, the Entrant must notify the Promoter of this change immediately.
16. All entries to the Promotion may be subject to verification by the Promoter. An Entrant MUST, within 7 days of being asked, at the Promoter’s cost:
a) hand over to the Promoter any receipt (if applicable) issued at the point of entering; and
b) allow the Promoter to inspect and copy any other documents, the Promoter may request , establishing eligibility to enter or win, including evidence of age, residence or identity.
17. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof that winner will forfeit their prize in whole and no substitute will be offered.
18. Any entry that is made on behalf of an Entrant by a third party or otherwise by proxy will be invalid.
19. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the Entrant:
a) fails to establish their entitlement to enter the Promotion to the Promoter’s satisfaction; or
b) fails to produce items as required by condition 16 or produces items that are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
c) appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or
d) has submitted an entry that is not in accordance with these Terms and Conditions.
WINNERS
20. There will be one major prize winner (the “MAJOR PRIZE WINNER”) over the entire Entry Period.
21. There will be 16 runner-up prize winners (the “RUNNER-UP PRIZE WINNERS”) over the entire Entry Period with one winner drawn per week.
22. The Major Prize Winner and Runner-Up Winners are referred to together in these Terms and Conditions as the “WINNERS”.
23. The Major Winner will be drawn electronically from all entries received during the promotional period on Friday 31 October 2008 at 15:00 by belong Pty Ltd at Level 8, 155 George St Sydney NSW 2000.
24. The Runner-up Winners will be drawn from entries received each week (Wednesday to Tuesday) at 15:30 on Wednesday 23 July 2008, Wednesday 30 July 2008, Wednesday 6 August 2008, Wednesday 13 August 2008, Wednesday 20 August 2008, Wednesday 27 August 2008, Wednesday 3 September 2008, Wednesday 10 September 2008, Wednesday 17 September 2008, Wednesday 24 September 2008, Wednesday 1 October 2008, Wednesday 8 October 2008, Wednesday 15 October 2008, Wednesday 22 October 2008, Wednesday 29 October 2008 and Friday 31 October 2008 (for the final week).
25. The Promoter’s decisions are final and no correspondence will be entered into.
26. The Major Winner will be notified by telephone within 2 days of the draw and all Winners will be notified in writing. The Major Prize Winner’s name will be published in The Australian newspaper and The New Zealand Herald newspaper on Friday 14 November 2008.
27. Subject, where relevant, to any directions given under the legislation regulation the Promotion, if any Prize is: (i) not claimed by a Winner within 3 months of the final Determination Date; or (ii) forfeited for any reason, the Prize will be awarded to another Entrant in an unclaimed prize draw (the “UNCLAIMED PRIZE DRAW”) at 15:00 hrs on Monday 2 February 2009 at belong Pty Ltd, Level 8, 155 George St, Sydney NSW 2000. The Winners of the Unclaimed Prize Draw (also “WINNERS”) will be notified in writing and winners of prizes valued over $100 will be published in The Australian and The New Zealand Herald on Monday 16 February 2009.
PRIZES
28. The Major Prize Winner will win an ET Escape Sports Fishing Getaway for the prize winner and 3 friends at Groote Eylandt, NT (the “MAJOR PRIZE”). The Major Prize includes:
a) Return economy airfares from the winner’s nearest capital/major city to Darwin;
b) 90 minute return flight to Groote Eylandt with a regional airline;
c) All transfers on Groote Eylandt between the airport and the Lodge;
d) 4 days and 3 nights twin or double shaire accommodation at the Escape Sports Fishing and Wilderness Lodge in Groote Eylandt, NT;
e) A day trip Escape Fishing with ET (Andrew Ettingshausen) from surveyed 8 meter boats and professional guides including all fishing tackle (on a replace if lost or damaged basis);
f) All meals provided during the 4 days within the Escape Sports Fishing and Wilderness Lodge in Groote Eylandt, NT
The Major Prize is valued at a maximum of $25,000
The Runner-Up Prize Winners will each win a copy of Time Bandit: Two Brothers, the Bering Sea and One of the World’s Most Dangerous Jobs by Andy and Johnathan Hillstrand with Malcolm McPherson (the “RUNNER-UP PRIZES”) valued at $35 each.
Total runner-up prize pool is valued at $560
Total maximum prize pool is valued at $25,560
29. All Prize values are correct as at 26 June 2008. Prize values are reflective of the Recommended Retail Price and are in Australian Dollars. The Promoter takes no responsibility for any variations in Prize values.
30. The Major Prize Winner and the Major Prize Winner’s travel companions (the “TRAVEL COMPANIONS”) are responsible for all other costs and expenses including spending money, meals (unless specified), drinks, transfers (unless specified), laundry charges, activities (unless specified), incidentals, taxes (including departure taxes), energy surcharges, gratuities, services charges, travel insurance and all other ancillary and incidental costs and expenses incurred in relation to the enjoyment of the Major Prize.
31. The Major Prize Winner and Travel Companions must travel at the same time, must depart from the same capital city and are responsible for transport from their residence to their nearest capital city for flight departure (Sydney, Melbourne, Adelaide or Perth for Australian residents and Christchurch, Auckland or Wellington for NZ residents) . If the winner resides in NT then the flight component of the prize will not be included.
32. The Major Prize must be taken by 31 October 2009 and is subject to hotel and flight availability. The Major Prize is not available during peak times including public holidays and school holidays and cannot be changed once the booking has been made.
33. Airline carrier subject to availability.
34. Air tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. Flight itinerary may have to be adjusted depending on the airlines departure city and their current flight schedule. Frequent Flyer points are not available from any airline.
35. Once flights and accommodation dates have been booked, they cannot be changed.
36. A credit card imprint or cash deposit may be required from the Major Prize Winner at check-in to the hotel for all incidental charges.
37. If a Prize (or part of a Prize, if applicable) is unavailable for any reason, the Promoter will, in its absolute discretion, substitutive alternative goods or services of no lesser retail value and/or specification, subject to the approval of the authorities that have issues permits for the conduct of the Promotion. The Promoter accepts no other liability or responsibility for any loss incurred by a Winner or any other party if any Prize (or part of a Prize, if applicable) is unavailable for any reason.
38. Right to receive Prizes are not transferable or exchangeable and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.
39. The Winners are advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to the acceptance of the Prize.
40. Once the Prizes have left the Promoter’s/supplier’s premises, the Promoter and its agencies and companies associated with the Promotion will not be responsible for any delay in delivery, or damage caused to the Prizes.
41. To be eligible to accompany the Major Prize Winner on the Major Prize, the Travel Companions, or their parent or guardian, may be required to acknowledge in writing in a form determined by the Promoter in its absolute and sole discretion that they have read, understood and accept these Terms and Conditions.
42. The Promoter reserves the right to refuse to allow a Winner to take part in any or all aspects of any Prize, if the Promoter determines, in their absolute discretion, that a Winner is not in the mental or physical condition necessary to be able to safely participate in the Prize.
GENERAL
43. The Promoter reserves the right to take any action necessary in its sole discretion at any time, subject to any direction given under state permit regulations.
44. To the full extent permitted by the law, the Promoter and its agencies and companies associated with the Promotion (the “RELEVANT PARTIES”) will not be liable for any loss, damage, claim, cost, expense or personal injury which is suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any Entrant in connection with the Promotion or the Prizes, including: (i) any indirect, economic or consequential loss or loss of profits; (ii) any loss arising from the negligence of a Relevant Party; and (iii) any liability for personal injury or death.
45. If, for any reason, the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, including to cancel, terminate, modify or suspend the Promotion subject to any direction given under the relevant state/territory permit regulations.
46. The Winners acknowledge that the Prize may be subject to additional terms and conditions imposed by third parties. The Winners must become acquainted with any such additional terms and conditions prior to taking the Prize. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, nor for the breach of those conditions by any person.
47. Except for any liability which cannot be excluded by law, the Promoter:
a) is not responsible for any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Promotion;
b) is not responsible for any incorrect or inaccurate information, either caused by users or by any of the equipment or programming associated with or utilised in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; and
c) is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries or entrants’ details.
48. Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.
49. These Terms and Conditions are governed by the laws of the each State’s relevant governing authority.
50. These rules are Terms and Conditions and constitute the entire terms and conditions between the Entrant and the Promoter with respect to the Promotion and cannot be altered, modified or amended.
51. All entries become the property of the Promoter.
Authorised under permit numbers:
NSW: LTPS/08/06516
ACT: TP 08/02727
VIC: 08/2970
SA: T08/2688