STANDARD COMPETITION TERMS AND CONDITIONS
A. Specific Conditions
Item 1 /Competition Name / Australian Open Of Surfing x MTV VIP Experience (Competition)
Item 2 / Competition Type / Game of skill
Item 3 / Permit / N/A game of skill
Item 4 / Promoter / The promoter (Promoter) is VIMN Australia Pty Ltd ACN 107 601 418 of Ground Floor, 4-16 Yurong Street, East Sydney NSW 2010
Item 5 / Website / www.mtv.com.au/competitions
Item 6 / Entry Restrictions / (i) Age – Entrants must be aged 18 years and over at the time of entry.
(ii) Resident Status – Entrants must be residents of Australian Residents Only
Item 7 / Method of Entry / The Competition can be entered via an entrant’s valid Instagram account. Entrants must upload an image via Instagram of their best surf, skate or music-related photo using the hashtag #MTVAUSSURF (Entry Photo).
Winners will be determined in accordance with the Special Condition 2 set out in Item 17 below and all entries must comply with all Special Conditions and General Terms of these Terms and Conditions.
Item 8 / Competition Entry Opens / 12.01pm (AEDT) on Monday 8th February 2016
Item 9 / Competition Entry Closes / 11.59am (AEDT) on Monday 22nd February 2016
Item 10 / Competition Judged / The Competition will be judged on Monday 22nd February 2016 from 3.00pm (AEDT)
Item 11 / Drawing Details / N/A (for Game of skill)
Item 12 / Notification Date / Winners will be notified on Monday 22nd February 2016 by 5.00pm (AEDT)
Item 13 / Notification Method / Winners will be notified individually by a direct message to his or her Instagram account as soon as reasonably practicable after they have been selected and requested to promptly contact the Promoter. Winner will be asked to provide their name, age, address (including postcode), telephone contact number, e-mail address and passport number. Promoter may also request such other information as they consider relevant for fulfillment of the Prize.
Item 14 / Draw Publication Details / N/A (for Game of skill)
Item 15 / Prize / There will be one (1) prize winner who will win the following Prize:
· Two (2) VIP Passes to The Australian Open of Surfing on both Friday 4th March & Saturday 5th March valued at up to $100 per day pass/per person (total value up to $400)
· Two (2) x nights’ Accommodation in min 3 Star Hotel valued at up to $600
· Two (2) x Economy class flights from nearest Australian Capital City valued at up to $1000
· Airport Transfers valued at up to $200
Total Prize value: up to $2200
Item 16 / Unclaimed Prize Draw / N/A (for Game of skill)
Item 17 / Special Conditions / 1. Entrants may enter this competition an unlimited number of times; however each entry must be a new original Entry Photo uploaded in accordance with Item 7 above.
2. Prize winner will be judged by the Promoter and will be the entrant who has submitted the most original and creative Entry Photo.
3. Entrants may only submit an Entry Photo they have taken themselves or for which they have received permission to submit directly from the person who took the Entry Photo.
4. Entry Photo can feature only the entrant, or can include friends and family, so long as everyone in the Entry Photo consents to being in the Entry Photo and complies with any and all entry requirements and restrictions set out these Terms and Conditions, including without limitation being over 18.
5. Entry Photos must not:
(a) include any person who is under the age of 18;
(b) recognisably includes more than one person and/or includes any person who is not the entrant who has not consented to being included in the Entry Photo;
(c) is defamatory;
(d) is sexually explicit or suggestive, contains nudity or any dangerous activity or is profane, pornographic or violent;
(e) is derogatory of any ethnic, racial, gender, religious, professional or age group or endorses any form of hate or hate group;
(f) does not contain any symbols, clothing or other messages associated with any gang;
(g) promotes any particular political agenda or message;
(h) does not contain any third party logos or brand names;
(i) has been copied from, infringes or breaches the rights (including, without limitation, any intellectual property rights) of any third party;
(j) reveals any personal information, including but not limited to license plate numbers, personal names, email addresses or street addresses;
(k) is otherwise offensive or illegal or simulates any activity that is offensive or illegal; or
(l) any other content or images that is or could be considered inappropriate, unsuitable, or offensive as determined by the Promoter in its sole discretion.
6. Promoter reserves the right to disqualify any entry that does not comply with Special Condition 5 above.
7. By submitting the Entry Photo and entering the Competition, entrants grant the Promoter and IMG (as defined in Special Condition 14 below) and each of their designees and respective parents, subsidiaries and affiliate companies:
(a) a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, reproduce, copy, adapt, transmit, broadcast, publish or delete any information or other material including without limitation, the entrant’s Instagram handle, name, entry, Entry Photo, photograph, likeness, biographical information, voice, text, images, designs, audio and/or video clips submitted in entering or any statement made by them concerning the Competition throughout the universe for all purposes (including but not limited to promotional and marketing purposes, and for advertising, publicising and promoting the Competition any and all content and properties relating to the Competition, including without limitation any future, associated or similar competitions, the Winner, Promoter, Promoter(s)’ products, IMG and/or IMG’s products) by any means and in any and all media as they, in their discretion, see fit, and to licence others to do the same and without notification or compensation of any kind to any entrant or any third party. For the avoidance of doubt (but without limitation) this will include an entrants and/or Winner’s Instagram handle, name, location, and Entry Photo being broadcast on-air and posted across Promoter’s and IMG’s social media platforms.
(b) Entrants acknowledges that Promoter may feature each Entry Photo on a website owned and operated by the Promoter and/or IMG along with such each entrant’s Instagram handle (which may include their name) as well as on other Promoter and/or IMG owned and operated channels and platform(s) and acknowledges that the broad set of rights granted to Promoter in each Entry Photo herein allows Promoter to do so.
(c) The Promoter and IMG shall have the right, without limitation, to reproduce, alter, amend, edit, publish, modify, crop, create derivative works of, and use each Entry Photo in any manner, in any and all media, now or hereafter known, including but not limited to, all forms of television distribution, theatrical advertisements, radio, the Internet, newspapers, magazines and billboards. Entrants recognize that other persons, including but not limited to Promoter(s)’ employees, may have submitted to Promoter or to others or made public, or may hereafter originate and submit or make public, similar or identical material which we shall have the right to use, and Entrants understand that Entrant will not be entitled to any compensation because of Promoter(s)’ use of such other similar or identical material.
8. The VIP pass element of the Prize is valid for Friday 4th and Saturday 5th days of the Australian Open of Surfing (“AOS”) that will take place at Manly Beach, Sydney Australia. If the Prize winner and their guest are unable to attend the AOS at this location & on this date, or as otherwise advised by the Promoter, they will forfeit the Prize and no alternative prizing will be offered.
9. Prize winner and their guest must be able to travel between Friday 4th and Sunday 6th March 2016.
If the Prize winner and their guest are unable to travel on these dates, or as otherwise advised by the Promoter, they will forfeit the Prize and no alternative prizing will be offered.
10. Prize winner and their guests must hold all necessary travel documentation as required.
11. Where the Prize winner and their guest reside inside metropolitan area of Sydney, the flight and return airport transfers elements of the Prize will not be awarded and the winner and guests will be responsible for making their own way to the accommodation.
12. For the avoidance of doubt, no transfers are provided between the accommodation and the AOS, Prize winner and their guest must make their own way to and from the Festival.
13. The Competition is in no way sponsored, endorsed or administered by, or associated with Instagram
14. Entrants agree to abide by the Instagram Terms of Use, located here: http://instagram.com/legal/terms/#
15. This Competition is run in conjunction with INTERNATIONAL MANAGEMENT GROUP OF AMERICA PTY LTD (ABN: 23 001 788 343) of Level 25, MLC Centre, 19 Martin Place, Sydney NSW 2000 (IMG). It is a condition of entry that the winner’s details are provided to IMG in accordance with Clause 14 of the General Terms.
B. General Terms
1. Introduction
(a) These are the General Competition Terms that govern the relationship between you and the Promoter when you enter this Competition and should be read in conjunction with the Specific Conditions in the above table to form the complete terms and conditions for this Competition (Terms and Conditions).
(b) By submitting an entry into this Competition, entrants warrant that they have read, understand and agree to be bound by these Terms and Conditions
(c) To the extent that there is any inconsistency between the Specific Conditions and the General Terms, the Specific Conditions will prevail.
2. Duration
(a) This Competition will commence at the time set out in Item 8 of the Specific Conditions and will conclude at the time set out in Item 9 of the Specific Conditions. Entries received outside of these times will not be eligible.
(b) The Promoter will not accept any responsibility for lost or late entries.
3. Entry Requirements
(a) Entrants restricted from entry in Item 6 of the Specific Conditions will not be eligible to enter the Competition and will be disqualified.
(b) The employees of the Promoter, any of its affiliate, parent or subsidiary companies, or any agencies associated with this competition are not eligible to enter the Competition.
(c) Entrants cannot be a spouse, defacto spouse, parent, child or sibling (whether full, half, step or by adoption) of any person included in 3(b).
(d) Unless specifically set out as a Special Condition in Item 17 of the Specific Conditions, no person may enter this Competition more than once and persons may not enter or participate in it on behalf of any third party.
(e) Should the Competition require the entrant to submit a photograph, audiovisual material or other material document, as a part of entry into or participation in this Competition (”Entry Materials”):
(i) any Entry Materials provided to the Promoter by an entrant as part on an entry to this Competition will not be returned to entrants. Entrants are advised to not send original material.
(ii) all entrants acknowledge that the Entry Material may, at the discretion of the Promoter, be posted on the website;
(iii) all entrants hereby authorise the Promoter to use, edit and reproduce the Entry Materials;
(iv) all entrants agree that the Promoter has the right to publish and communicate to the public the Entry Materials in any media including, but not limited to, online, at all times without restriction or limitation throughout the world (including all promotional purposes);
(v) all entrants agree that the Promoter has the right to use the entrants name, likeness or other information concerning and provided by the entrant in its use of the Entry Materials;
(vi) all entrants agree to fully release the Promoter now and forever from and against all actions, suits, claims and demands which they may have against the Promoter arising directly or indirectly in respect of any infringement or violation of any personal and/or property rights of any sort (including without limitation defamation) from the use of the Entry Materials;
(vii) all entrants unconditionally waive all of their rights at any time to seek or obtain injunctive relief to prevent or restrict the Promoter’s use of the Entry Materials; and
(viii) all entrants warrant that they have obtained permission from any other persons featured in the Entry Materials for the Promoter to use the Entry Materials in any of the manners set out above.
(f) Costs to enter the Competition will depend on the method of entry and you should seek the permission of the person paying the bill before entering. The cost to enter via the Internet may vary so entrants should check with their network operator for current charges.
(g) If this Competition involves:
(i) entry via a phone call, each call is charged at no more than 55 cents (including GST) from a fixed phone. Calls may attract a higher rate from mobile or public phones; or