SUMMER IN SYDNEY COMPETITION WINNERS SUMMER IN SYDNEY COMPETITION WINNERS

AVIS AUSTRALIA: SUMMER IN SYDNEY COMPETITION

TERMS & CONDITIONS

Defined Terms

1.          Offer means the Summer in Sydney competition.

2.          Offer Period means the period the Offer commences and closes as set out in the Summary of Particulars.

3.          Entrant means an individual person who has successfully submitted an Entry in the Offer.

4.          Entry or Entries means the submission, and all associated content, made by an Entrant in order to participate in the Offer.

5.          IMT means an ‘International money transfer’.

6.          Judging Criteria means the framework that will be used to judge the Entry.

7.          Non-Excludable Guarantee means the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia.

8.          Prize or Prizes means the item or items awarded to Winner or Winners by the Promotor.

9.          Terms and Conditions means the terms and conditions set out in this document.

10.        Winner or Winners means the Entrants who win the Offer as administered by the Promoter.

Summary of Particulars

General

1.          By participating in this Offer, you agree to accept these Terms and Conditions

2.          The Promoter is responsible for the publication and adjudication of this Offer and the provision of the Prizes.

3.          The Promoter reserves the right to request Winners to provide proof of identity, proof of residency at the nominated Prize delivery address and/or proof of Entry validity in order to claim a Prize. Proof of identification, residency and Entry considered suitable for verification is at the sole discretion of the Promoter. In the event that a Winner cannot provide suitable proof, the Winner will forfeit the Prize in whole and no substitute will be offered.

4.          Entry to this Offer is only open to anyone 18 years or older. These Conditions of Entry will bind the Entrants.

5.          Information on the Entry requirements and the Prizes are set out in the Terms and Conditions. Entry into the offer is deemed as acceptance of these Terms and Conditions.

6.          Employees (and their Immediate Family Members) of the Promoter and agencies associated with this Offer are ineligible to enter. Immediate Family Members 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.

7.          The Offer commences at 09:00AM AEDST on 18/12/2023 and final Entries close at 11:59PM AEDST on 14/01/2024. Entries must be received by the Promoter prior to the Offer close date and time to be deemed valid. The time of Entry will in each case be the time the online Entry is received by the Promoter, not at the time of transmission by the Entrant.

8.          The Promoter will provide at 48 hours notification of any changes to the operation of this Offer as contemplated throughout these Terms and Conditions by providing a new set of Terms and Conditions for the Offer to view via the following link: https://www.avis.com.au/en/offers/exclusive/sydney-opera-house-competition.html

9.          If the Offer 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 to:

a)          disqualify any Entrant; or

b)          modify, suspend, terminate or cancel the Offer, as appropriate.

10.        Any cost associated with accessing the promotional pages is the Entrant’s responsibility and is dependent on the Internet service provider used.

11.        Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify Non-Excludable Guarantees.

12.        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 Offer or the Prize.

13.        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 Offer is cancelled or delayed for any reason beyond the reasonable control of the Promoter

f)           Any tax liability incurred by a Winner or Entrant; or

g)          Use of a Prize.

14.        The Promoter accepts no responsibility for Entries that are lost, damaged, corrupted, delayed, illegal or which are unable to be submitted due to software or hardware failure or for any other reason beyond its control including unavailability of the websites or Facebook or Instagram social platform.

15.        The laws of Australia apply to this Offer to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

16.        If there is any inconsistency between these Terms and Conditions and anything else that refers to this Offer, these Terms and Conditions will prevail.

To Enter

1.          Individuals can enter at Avis.com.au only at: https://www.avis.com.au/en/offers/exclusive/sydney-opera-house-competition.html

2.          Entrants submitting an Entry by completing the online entry form, nominating the show date and time they are entering to win and by answering the question, in 25 words or less: “What makes an iconic evening in Sydney?”

3.          Brand names and logos of products other than the Promoter’s must not be mentioned in the Entry.

4.          No purchase is necessary to enter or win this Offer.

Entry Restrictions

1.          Each Entry must be the original and sole creation of the submitting Entrant and depicting the Entrant, and all rights, title and interest including but not limited to copyright must be owned solely by the Entrant.

2.          Entrants must be 18 years of age or older to enter.

3.          Incomplete, indecipherable or illegible Entries will be deemed invalid.

4.          Entries must not violate any law, rule or regulation.

5.          Individuals can enter via one Entry mechanic.

6.          By entering, each Entrant grants permission to the Promoter for the use and adaption of his/her Entry royalty free, worldwide, on all supports/mediums currently known or later developed (including but not limited to the content provided), and his/her name, to be posted on the Internet or any website in connection with this Offer, and the advertising, Offer, and publicity of the Offer, and otherwise, as stated in these Terms (as solely determined by the Promoter); and each Entrant warrants and represents that he/she has all right and authority to grant such permission.

7.          All Entries submitted become the property of the Promoter. As a condition of entering into this Offer each Entrant agrees to assign all of their rights, title and interest (including copyright) to the Promoter. Each Entrant warrants to the Promoter 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 the Promoter 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).

8.          All Entries represents the sole views and opinions of the individual Entrant and do not reflect the views and opinions of the Promoter in any manner. The Promoter acts as a passive conduit for the posting and publication of Entries and, to the extent permitted by law, has no obligation to and expressly disclaims any and all liability in conjunction with screening, monitoring or reviewing the content of the Entries.

9.          Entries made by an entrant conducting or employed by a business benefiting from the trade promotion and members of the immediate family of such persons will not be valid.

10.        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 will 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.

Winner determination and notification

1.          The Offer judging will take place at Promoter’s assigned Public Relations (PR) agency; The Red Agency Pty Ltd ABN 32 003 435 470 (Red Agency) at 121 Harrington Street, The Rocks, 2000, NSW on 17 January 2024. The Promoter’s decision is final, and no correspondence will be entered into.

2.          The Winners will be contacted via phone by no later than 5:30PM AEDT on 18 January 2024 and must reply to the Promoter via email and as instructed by on or before 5:30PM AEDT on 22 January 2024 with their proof of identity together with their full name, date of birth, postal address and email address in the message so that the Promoter may arrange for the Prize to be redeemed.

3.          If, for any reason, a Winner does not confirm their acceptance (by phone) of the Prize, the Prize will be redrawn at 10:00AM AEDT on 23 January 2024.

4.          The Offer is a game of skill and chance plays no part in the selection of the Winner(s). Each eligible Entry will be judged by the Promoter based on, the following Judging Criteria:

a)          Creativity 25%

b)          Originality 25%

c)          Alignment with Offer 25%

5.          The Promoter will determine the following winners:

a)      10 winners will be selected from entries to win tickets for two people to Gatsby At The Green Light show at Sydney Opera House on Saturday 10 February at 8:30pm;

b)      10 winners will be selected from entries to win tickets for two people to Gatsby At The Green Light, at Sydney Opera House on Thursday 15 February at 7:15pm;

c)       10 winners will be selected from entries to win tickets for two people to Gatsby At The Green Light, at Sydney Opera House on Friday 16 February at 8:45pm; and

d)      1 Major Prize Winner will be selected from all entries received.

Prizes

1.          The Offer includes one First Prize and thirty Runner-up Prizes.

2.          The maximum value of the Major Prize is AUD $5,249.80

3.          The total Prize pool for the Offer is AUD $12,223.80

4.          The Major Prize Winner will include:

a)      2 x tickets to a Gatsby At The Green Light show at Sydney Opera House on one of the following dates and times of the winners choice;

i.        Saturday 10 February 2024 at 8:30pm; or

ii.       15 February 2024 at 7:15pm; or

iii.       Friday 16 February 2024 at 8:45pm.

b)      $5,000.00 AUD spending money.

i.        Prize issue as a Mastercard Prepaid Card for Australian residents with registered post to one Australian address; and as an IMT for non-Australian residents.

ii.       $5,000.00 AUD spending money is not transferrable.

5.          The 30 Runner-up Prizes will include:

a)      2 x tickets to a Gatsby At The Green Light show at Sydney Opera on one of the following dates and times of the winners choice:

i.        Saturday 10 February at 8:30pm; or

ii.       15 February at 7:15pm; or

iii.       Friday 16 February at 8:45pm.

6.          Any tax, liability or duty arising from entry to this competition, claim or use of these prizes is the responsibility of the entrant.

7.          Prize Winners can only attend a show date and time to which they have entered and won.

8.          If any of the Prize Winners are unable to fulfil any of the requirements of the Prize in these Terms & Conditions, the Promoter reserves the right to disqualify them from the Offer and select another Prize Winner.

9.          In the event winners are not able to make the performance time to which they have received tickets, ticket prizes may be transferred to another person up to 3 working days prior to the performance. To do this they should contact the Box Office on (02) 9250 7777 or bookings@sydneyoperahouse.com no later than 3 days before the scheduled start of the Event  in order to enquire about transferrable ticket options. Attendance at Sydney Opera House events is subject to General Terms and Conditions.

10.       With the exception of clause 9 above, The Prizes are not otherwise:

a)      transferable to any person, whether by gift, sale, trade, barter, auction or in any other way, whether the transfer was initiated privately or in a public forum, including online auction or purchase sites (such as eBay, Gumtree or Facebook Marketplace) or used for any other purpose; or

b)      exchangeable for cash, any form of credit or for any other valuable consideration.

11.       Prizes that are purportedly ‘transferred’ or ‘exchanged’ are void and invalid. Any person who is a party to such a ‘transfer’ or ‘exchange’ may be refused entry into or disqualified from benefiting from the Prize, in the Promoter’s sole discretion.

12.       All other costs associated with the Prizes, including but not limited to any meals, travel, flights, insurance, accommodation and any other ancillary costs, unless otherwise stipulated in the definition of the Prize, are the responsibility of the Winner as incurred.

13.       If any of the Prizes are unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize with a Prize to the equal value and/or specification.

14.       If a potential Winner is disqualified for any reason, the applicable Prize may be awarded to a runner-up, if any, in the Promoter’s sole discretion.

15.       Acceptance of any Prize shall constitute and signify each Winner’s agreement and consent that the Promoter and its designees may use the Winner’s name, city, state, likeness, Submission and/or Prize information in connection with the Offer for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. The Winner also agrees to participate in all reasonable promotion activities in relation to the Offer as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.

16.       The Promoter reserves the right to change the Prize mechanics of the Offer at any time upon notification. Each eligible Entrant and all other persons release the Promoter from any claim loss, damage, expense, cost or charge related to such change.

17.       The Promoter is not responsible for inaccurate prize details supplied to any Entrant by any third party connected with this Offer.

18.       All of the Promoter’s decisions in respect of the Offer and competition are final and no correspondence will be entered into.

19.       No compensation will be payable to any person if a Winner is unable to claim or enjoy the benefit of a Prize for whatever reason.

Privacy Notice

Subject to the Promoter’s Privacy Policy, the Promoter collects personal information in order to conduct the Offer 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 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 access, update or correct information to the Promoter. All Entries submitted become the property of the Promoter. As a condition of entering this Offer, each Entrant assigns all of their rights, title and interest (including copyright) in and to their Entry to the Promoter.

Further information about how the Promotor handles personal information can be found in the Promotors Privacy Policy at https://www.avis.com.au/en/privacy/au