PROMOTION – Win a Johnny Marr signature Jaguar® Fender guitar
Introduction
1. The ‘Win a Johnny Marr signature Jaguar® Fender guitar’ promotion (the "Promotion") is conducted by Frontier Touring Co. Pty Ltd (ACN 005 602 602) of 9 Dundas Lane, Albert Park, Victoria, 3206 Australia T: 03 9690 3399 (“Promoter").
2. Information on how to participate and the prize form part of these terms and conditions and by participating in the Promotion, entrants accept these terms and conditions ("Conditions"). Entries must comply with these Conditions to be valid.
Eligibility
3. The Promotion is only open to an individual who:
i. is a resident of Australia or New Zealand aged 18 years or over excluding any: (i) employee, contractor or sub-contractor of the Promoter or any of its related corporations; and (ii) immediate family members of an excluded employee; ii. at the time of entering the competition have purchased at least one valid ticket to a Johnny Marr 2014 Australian or New Zealand concert (“Johnny Marr Concert”) iii. can take the Prize (as defined below) on the date nominated by the Promoter.
How to Enter
4. The Promotion commences on Thursday 2 October 2014 at 12:00noon AEST and closes on Friday 10 July at 12:00noon AEDT (“the Promotion Period”).
5. Entry to this Promotion can only be made via the entry form provided within the Frontier e-card which was emailed to Frontier Members on or about Monday 29 September 2014 which may also be accessed via the Frontier website (at www.frontiertouring.com/johnnymarr) (together defined as “the Promotion E-Card or Sites”).
6. To enter this Promotion, an entrant must, during the Promotion Period complete all of the following steps:
i. Press the “CLICK TO ENTER” button provided on the Promotion E-Card or Sites using your desktop computer, smartphone or tablet;
ii. This will bring up a new email addressed to ‘[email protected]’ with the subject heading ‘Johnny Marr Competition’ and within the body of the email will appear the following “Entrant Information” form for you to complete:
Full Name: Phone Number: Answer in 25 words or less the Promotion question:
iii. Complete all Entrant Information and send the completed email to ‘[email protected]’.
7. Upon validly completing all the steps as set out in Condition 6, an entrant will receive one (1) entry into the Promotion. Only one (1) entry is permitted per entrant. Failure to abide by this Condition may forfeit previous entries. Entries must be received by the Promoter in the Promotion Period. Illegible or incomplete entries will be ineligible.
8. Entries remain the property of the Promoter. Without limiting the foregoing, to the extent that the entrant retains any rights (including copyright) in the entry submitted to the Promoter, the entrant grants the Promoter, its licensees and assignees a non- exclusive royalty-free license to exercise all rights in all media throughout the world in the entry in perpetuity. The entrant agrees that the Promoter may, in its discretion, communicate the entry submitted to the Promotion in whole or in part to the public on any media platform, including Facebook, together with the entrant’s name.
9. By submitting an entry to the Promotion the winner agrees, at the Promoter’s request, to participate in any promotional activity regarding their win and consent to their name or image being used in any promotional material for the Promoter.
Prize Details
10. This is a game of skill. Chance plays no part in determining the winner. Each entry will be individually judged based upon literary skill, creative merit, suitability to the question and relevance to the Frontier Touring brand. All entries must be the original independent creation of the entrant and free of any claims that they infringe any third party rights. Entries must not have been previously published and or have been used to win prizes in any other Promotions.
11. PRIZE: There will be one (1) prize winners for the Promotion– The prize winner will receive a Johnny Marr signature Jaguar® Fender guitar.
12. The total value of the prize is the RRP of the Johnny Marr signature Jaguar® Fender guitar, being AUD$3,500 (inc GST). The Promoter accepts no responsibility for any variation in the value of the Prize.
13. A panel of judges will be appointed by the Promoter. Judging will occur at the Promoter’s Melbourne office on Friday 10 July 2015. The entry judged to be the best entry will win the prize, subject to verification of the entrant’s compliance with these Conditions (the "Provisional Winner").
14. The Provisional Winner will be notified by telephone and/or email by Friday 10 July 2015 at 2:00pm AEST. The Provisional Winner must claim the Prize by Monday 13 July 2015 at 2:00pm AEST by contacting the Promoter via email (sent to [email protected]) and providing to the Promoter proof of purchase of a ticket to a Jonny Marr Concert. If the Prize remains unclaimed by the foregoing time, or a Provision Winner is deemed ineligible to win the Prize, all of the original Promotion entries, excluding the entry that was originally judged to be the best entry, will be re- judged to determine the best entry to be awarded the unclaimed Prize. The winner of the unclaimed Prize, if one is required, will be informed by telephone and email by Tuesday 14 July 2015 at 2:00pm AEST.
15. Judges' decision is final and no correspondence will be entered into. The judges reserve the right to disqualify any entrant submitting an entry which, in the opinion of the judges, includes objectionable content, including but not limited to profanity, nudity, and potentially insulting, scandalous, inflammatory or defamatory language.
16. The winner and their Prize companion are responsible for organizing and paying for all costs associated with redeeming the Prize including but not limited to flights, transport, parking, insurance, transfers, spending money, incidentals and accommodation. For the avoidance of doubt, no “spending money” is included in the Prize. The Prize must be taken on the nominated collection date in the relevant capital city.
17. It is a condition of accepting the Prize that the winner and their companion must comply with all of the conditions of use for the Prize. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the Prize.
18. The Promoter accepts no responsibility for any loss or damage suffered if the concert relating to the Prize is postponed, cancelled, rescheduled or relocated for any reason whatsoever. If the Prize or part of the Prize is unavailable, the Promoter reserves the right to substitute a different prize item of equal or greater value in the Promoter’s absolute discretion.
19. Rights to receive the Prize are not transferable or exchangeable and cannot be taken as cash, unless otherwise advised by the Promoter in its absolute discretion. The Promoter accepts no responsibility for any tax liability incurred as a result of an entrant winning the Prize. Entrants should obtain independent tax and financial advice.
General
20. The Promotion is not sponsored, endorsed or administered by or associated with Facebook.com (Facebook) and Facebook has no liability to entrants in relation to the Promotion. Entrants agree to full release Facebook from any and all liability in relation to their participation in the Promotion. The Entrant acknowledges that the entrant is providing information to the Promoter and not to Facebook.
21. Entry and continued participation in the Promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
22. Any costs associated with accessing the Frontier Touring Facebook Page is the Entrant’s responsibility and is dependent on the internet service provider uses.
23. Nothing in these 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 State and Territories of Australia (“Non-Excludable Guarantees”).
24. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter, its related companies and agencies and all those entities' personnel (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: (a) the Promotion; (b) the Prize; (c) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (d) for any injury or damage to any entrant's (or any other person’s) computer or resulting from or otherwise relating to participation in this Promotion (including by downloading materials relating to this Promotion); (e) any theft, unauthorised access or third party interference; (f) 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; (g) any variation in Prize value to that stated in these Conditions; (h) if the Prize (or any element of the Prize) is cancelled for any reason; (i) any tax liability incurred by the winner or entrant; or (j) taking of the Prize. Nothing in these Conditions is intended to exclude, restrict or modify a person’s rights under the Competition and Consumer Act 2010 (Cth).
25. If for any reason the conduct or operation of the Promotion is interfered with or disrupted in any way by a cause outside the reasonable control of the Promoter (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, tampering, computer bugs or viruses or technical failures), the Promoter reserves the right, subject to any written directions of the lottery authorities, to cancel, terminate, modify or suspend or recommence the Promotion.
26. Entrants' personal information will be collected by or on behalf of the Promoter to enable it to administer and promote the Promotion and the winner of the Promotion. The personal information of entrants may be provided to others assisting in the conduct of the Promotion, including the Promotion administrator, suppliers and deliverers, and to authorities that regulate the Promotion. 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 may contact the Promoter via email to [email protected] to request access to, or corrections of, any of their collected personal information that is held by the Promoter. If an entrant does not provide accurate personal information, the Promoter may determine that they are not eligible to win the Prize. Visit www.frontiertouring.com.au to view the Promoter’s privacy policy.
27. The laws of Australia apply to this Promotion.