Hertz Australia Facebook Competition Terms and Conditions
Hertz Australia Facebook Competition Terms and Conditions
Hertz Ball Rush Terms and Conditions
ITEM 1: PROMOTION NAME Hertz Ball Rush (the “Promotion”) ITEM 2: REGISTRATION DATES AND TIMES The Promotional Registration period commences at 12:00pm (AEST) on Wednesday 01 May 2013 and closes at 12:00am (AEST) on Thursday 9 May 2013. ITEM 3: PROMOTION CONTESTING DATES AND TIMES Facebook entry opens on 01 May 2013 at 12:00pm (AEST) and closes on 9 May 2013 at 12:00am (AEST). Contest will take place on 12 May 2013. Contesting will take place between (on or about) 7:10pm and 7:30pm (AEST) at Centrebet Stadium, Penrith, New South Wales. ITEM 4: ENTRANT RESTRICTIONS The following Entrant restrictions apply: 1. Entrants must be over the age of 18 years and have proof of identity. 2. Only one (1) entry per person by name and by email address. 3. Entrants must not be an Excluded Entrant (as stipulated in Item 5). 4. Entrants must meet all Verification Requirements (as stipulated at Item 6). 5. Entrants must be able to sign and execute documents necessary for the purpose the purposes of the promotion (as stipulated at Item 7). The Promoter reserves the right not to accept a registration for any Eligible Entrant or to disqualify an Eligible Entrant if the Promoter considers that the registration contains anything defamatory or is otherwise inappropriate. Other Requirements - If the Entrant is a Finalist - they must be available to attend the Finalist Event on 12 May 2013 at the NRL Match Penrith vs Melbourne to be held at Centrebet Stadium. If the Entrant is a Finalist – they will be required to organise their own transport to and from the Finalist Event on the required day. ITEM 5: ENTRY EXCLUSIONS Contestants are ineligible to participate in this Promotion if they: a) Have a criminal record in Australia. b) Are a Director, employees or contractor of the Promoter and those of any agencies, retailers and suppliers directly associated with this Promotion; or an immediate family member of these people. “Immediate family member” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manger, employee, officer or contractor. The Promoter has complete discretion of all decisions in relation to the eligibility of entrants, and no correspondence will be entered into in this regard. ITEM 6: VERIFICATION REQUIREMENTS Entrants must satisfy all Verification Requirements when requested by the Promoter in order to redeem the Major Prize, such requirements may include but are not limited to; the following: i. Completing an indemnity of a third party related to the Promotional activities / events. ii. Providing a copy of photo identification (to verify identity). iii. Providing a signed copy of a current bank statement. iv. Accepting these terms and conditions. v. Providing any document which the Promoter and/or the Promoters Insurer reasonably requests for the purposes of prize redemption. Any Finalists who refuses to sign an indemnity and/or any other documentation as requested by the Promoter, may be disqualified from the Promotion. ITEM 7: METHOD OF ENTRY STEP 1 – EVENT ENTRY To enter the Promotion, contestants must, during the entry period as stipulated in these Terms and Conditions: a) Enter all details as required by the application on the official Hertz Australia Facebook page b) State in 25 words or less your favourite Penrith Panthers player of all time and why. STEP 2 – FINALIST DRAW All Contestants will go into a Finalist Draw for the chance to be a Finalist at the Finalist Event. To be placed into the Finalist Draw, all Contestants must accept these terms and conditions as required in the entry form. Should a Contestant be deemed by the Promoter to be ineligible, the Contestant will be notified that they may not participate further in the Promotion. All decisions of eligibility are at the discretion of the Promoter and no correspondence will be entered into in this regard. Eligible Contestants will have one (1) entry placed into the Finalist Draw. The Finalist Draw will take place at 3:00pm (AEST) on Thursday 9 May 2013. From the total number of eligible Contestants, two (2) will be drawn and declared the “Finalists”. The Finalists will win entry to the Finalist Event for the opportunity to contest. Following the Draw, the Finalists will be contacted by the Promoter and issued the documents required for eligibility to contest at the Finalist Event (as stipulated in Item 9). STEP 3 – FINALIST EVENT A Finalist Event will be held on Sunday 12 May 2013 at the NRL Match in Round 9 at the Match of Penrith vs Melbourne (night match) to be held at Centrebet Stadium. The Finalist Event will take place during the half time allocation of the match, time to be advised. There will be a maximum of one (1) Major Prize awarded to the winning Finalist and one (1) Consolation Prize awarded to the runner up (as stipulated at Item 19). At the Finalist Event, the following will take place -- a) The Finalist must read and understand the Rules of Conduct and take instructions from the Promoter and/or its representatives as required. b) The Finalist will be directed onto Centrebet Stadium– NRL Ground. c) When instructed by a representative of the Promoter, each Finalist must take their place at the start of their designated obstacle course. Both courses will be identical. d) Each finalist will be allocated one (1) inflatable ball to be pushed through their designated obstacle course. e) Sitting in the goal zone of the field at the end of the two parallel courses, there will be a ute with a ramp leading into the tray. Both courses will intersect and meet before reaching the ute at the end. f) The Finalists need to successfully navigate their course and push their ball up the ramp within the allotted time period of 3 (three) minutes to complete the contest. Outcome: The Finalist who successfully navigates their ball through their designated obstacle course and rolls their ball up the ramp and into the tray first will be deemed the winner and will claim the Major Prize. The Minor Prize will then be allocated to the runner up. Please note: The event and the activity are subject to Rules of Conduct which will be supplied to all Contestants, or by request directed to the Promoter. If neither finalist can complete the course within the allotted time period, the adjudicating official at the event will choose a winner based on the performance of both Finalists in the allotted time. All decisions on the contest winner are at the complete discretion of the Promoter, and the Adjudicating Officials at the event, and no correspondence will be entered into in this regard. The adjudicating officials represent the Promoter, but are independently engaged to facilitate integrity and fairness in the outcome of the Promotion at the Event. ITEM 8: SELECTION AND JUDGING DETAILS 1. Finalist Selection The Finalist Selection will take place before 3:00pm (AEST) on Thursday 9 May, 2013 at Hertz Australia Pty Ltd Head Office, Level 16, 636 St Kilda Road Melbourne, 3004. This will be a manual selection, where a maximum of two (2) entrants will be selected to compete as Finalists. The Finalist will be announced between 3:00pm and 4:00pm (AEST) on Thursday 9 May 2013 online via the Hertz Australia Official Facebook page and via the Penrith Panthers Official Facebook page. ITEM 9: PRIZE DETAILS Winning a Major or Consolation Prize is subject to the outcome of the skilled activity. Prize Type Prize No. Available Value (inc GST) Major Prize : 3 nights stay in Port Douglas, including flights for two, accommodation, $500 spending money and use of a Hertz rental vehicle. Consolation Prize: One voucher for a Hertz rental vehicle. ^^ Please note – the promoter may at its discretion amend the Consolation Prize to increase its value, for the benefit of a Consolation Prize winner, at any time without consulting entrants. MAJOR PRIZE TERMS AND CONDITIONS 1. To book Flights & Accommodation email valid departure & accommodation dates to somer.kovacs2@virginaustralia.com 2. Return flights are for two adults. Dates of travel are to be booked and taken by 30th November 2013 ex. Brisbane, Melbourne, Sydney, subject to availability. 3. Accommodation is Rendezvous Reef Resort Port 3 nights in a 2 Bedroom Deluxe Villa including hot buffet, breakfast for up to 2 adults and 2 children under 12 years, complimentary Internet, free onsite parking, use of all resort Facilities, subject to availability. 4. Black out period applies during Australian School Holidays 2013-14. Please note the prize is subject to availability and not redeemable for cash and is non-transferrable. Any additional meals, flights or incidentals are at your own expense. 5. Guests have option to extend stay and any additional accommodation will be at guest expense. 6. In the event your prize is not utilised within the validity period, no cash, credit or extension will be provided. 7. This prize is non-transferable or exchangeable for cash. 8. Once booking is confirmed, standard fees and any other supplier fees and surcharges, where applicable, will apply for any amendments or cancellation of booking. 9. Unless expressly stated in these terms and conditions all other expenses become the responsibility of the winner (and their companions) including but not limited to spending money (other than those specified), transfers, meals (other than those specified), drinks (other than those specified), incidentals, mini-bar, laundry, room service, telephone calls, activities, taxes (including departure taxes), energy surcharges, gratuities, services charges, passports, travel insurance, pre and post accommodation, optional activities or excursions and all other ancillary costs. 10. The winner (and their travelling companion) is also responsible for obtaining any visas that may be required and for ensuring that they have travel insurance. A credit card imprint or cash deposit may be required from the winner at check-in to the hotel, for all incidental charges. 11. Blue Holidays and Virgin Australia shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) as a result of taking or utilizing any voucher, except for any liability which cannot be excluded by law. 12. Blue Holidays and Virgin Australia accept no responsibility for any tax implications that may arise from the voucher winnings. Independent financial advice should be sought. 13. Blue Holidays and Virgin Australia is not responsible for any incorrect or inaccurate information, either caused by the entrant or for any of the equipment or programming associated with or utilised in this incentive scheme competition), or for any technical error, or any combination thereof that may occur in the course of the administration of this competition. A voucher for complimentary car hire is included in this prize. Its terms and conditions are as stipulated below, and are identical to that of the Consolation Prize. CONSOLATION PRIZE TERMS AND CONDITIONS Validity date: expires November 30 2013. Blackout period applies between 28 March to 01 April 2014. A twenty-nine (29) minute grace period is allowed for returns. Returns outside the grace period will be charged up to an extra day rental fee. Offer cannot be combined with any other promotion, special offer or coupon. Rental applies to the following vehicles groups, and is subject to availability at time of vehicle collection; Compact Auto, Intermediate Auto, Standard Auto, Full Size Auto, Premium Full Size Auto, Large SUV and People Mover. Hertz standard driver and credit qualifications in effect at the time and place of rental apply. Vehicle models may differ and specifications may vary by location. Vehicles can be reserved by car group only and not by particular car model or colour. Fleet subject to change without notice. Terms and conditions subject to change without notice. Inclusions in the prize: Collision Damage Waiver, Location Fee, Vehicle Registration Recovery, Admin Recovery and GST on these items. Hertz vehicle KM allowance is capped at 200 KMs per day, then subject to a fee per KM for additional KMs exceeding that allowance. Exclusions: At the time of collection of the car, a credit card number must be provided to purchase additional optional items such as fuel & MAX Cover that may be taken with the rental. Security bonds of $80 petrol bond for standard vehicles are payable by credit card at commencement of the rental and are credited back to your account at completion of the rental. ITEM 10: PRIZE WINNER PUBLICATION DETAILS Within two (2) days of any draw or announcement of a winner, the winners’ name will be published online via Facebook at http://www.facebook.com/HertzAustralia. NOMINATION OF A PROXY By submitting an entry to the Promotion, at the time of entry the Contestant is deemed to be fit to participate in the Finalist Event, and no pre existing injury is deemed to render the Contestant unfit to participate. Should any Contestant sustain an injury after the time of entry which renders them medically unfit to participate in the Finalist Event, they will have the opportunity to nominate one (1) Proxy to attend and participate in their place. In order to be eligible to act as a Proxy, an individual must be aged eighteen (18) years or older, and meet the same conditions as the Finalist as outlined in Item 7 and Item 8, and agree to participate on the same terms and conditions as the Contestant. Any Contestant who chooses to nominate a Proxy must notify the Promoter in writing by no later than 10:00am on Friday 10 May 2013. Should a Contestant fail to nominate a Proxy by this deadline, the Contestant will forfeit their position in the Promotion and the Promoter may select another Contestant in their place. In the event of any Proxy participation in this promotion, the same terms and conditions applicable to the Contestant will apply to the Proxy. For this purpose, in these Terms and Conditions and Schedule, where the reference to Finalist and or to a Contestant is present, this is also applicable to Proxy. On an Event Day, if a Proxy, fails to arrive at the Event by the time as communicated by the Promoter, the Promoter will nominate a Proxy to act in their place. In such circumstances, all decisions as to who will act as the Proxy are at the complete discretion of the Promoter and no correspondence will be entered into in this regard. MARKETING AND PUBLICITY By entering this Promotion, all Contestants hereby acknowledge that the Event may be photographed, filmed and/or recorded for the purposes of marketing and publicity, and any such photographs, video footage and/or audio may be used by the Promoter in any form of media at its complete discretion without prior notice. The subject will not be entitled to any fee for such use of any visual or audio footage. By entering this Promotion, all Contestants acknowledge that any or all material which is submitted by them, or any interviews or subsequent material provided (“the Materials”), may be used for the purposes of marketing and publicity and the Contestant will not be entitled to any fee for such use. The Contestants agree: · the Promoter may use, edit and reproduce, and authorise the use, editing and reproduction of the Materials · the Promoter has the right to publish and communicate to the public the Materials in any media including, but not limited to, online, at all times without restriction or limitation throughout the world (including all promotional purposes) · the Promoter has the right to use the Contestant’s name, likeness, biography or other information concerning the entrant in the exploitation of the Materials · the Promoter owns all rights, title and interest (including copyright) and they expressly assign any rights that they may have in the Materials to the Promoter · to fully release now and forever the Promoter from and against all actions, suits, claims and demands which the entrant 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 Materials · to unconditionally waive all rights at any time to seek or obtain injunctive relief to prevent or restrict the Promoters use of the Recordings.
MISCELLANEOUS The Promoter reserves the right to amend the Promotional Period or terminate the competition in its entirety at its absolute discretion, subject to any direction from a regulatory authority. The exact opening and closing times on each Contesting Day will be determined at the absolute discretion of the Promoter. Any questions, comments, or complaints regarding the Promotion should be directed to the Promoter. Please note that the Promotion is in no way sponsored, endorsed, administered by, or associated with Facebook. In order to participate in the Finalist Event, the Contestant must read and understand the Rules of Conduct. The location of the Finalist Event is at the absolute discretion of the Promoter. The Event location may change without prior warning. In the case of inclement wet weather or unsafe conditions, at the Promoter’s complete discretion the Promoter reserves the right to postpone and/or suspend the Event at any time. The Promoter will not be held liable for any such necessary changes and Contestants will not be compensated in any way. As part of their entry, all contestants to the Promotion hereby acknowledge that they are in good physical health suitable for the purposes of taking part in the activity, and that they will notify the Promoter of any injuries and/or otherwise that may prevent them from taking part in the Event. It is a requirement of the Promoter that contestants not be under the influence of drugs or alcohol when participating in the Finalist Event. In the event that the Finalist is deemed unsuitable to participate by the Promoter and or any medical practitioner, they will forfeit their prize and/or entry to the Promotion. Throughout the Promotional Period should any contestant not follow the instructions of the Promoter, the Promoter reserves the right to disqualify the contestant. In this instance the Promoter will not provide any consolation or compensation to the contestant. All Contestants and other Event attendees will be required to follow the instructions of the Promoter and their nominated agents and/or promotional partners and suppliers at all times during the Event. Any individuals at the Event who fail to follow the instructions of the Promoter and their nominated agents and/or promotional partners and suppliers may be asked to leave the Event site, and may be disqualified. As a result of such a disqualification, the Promoter reserves the right to select another Finalist at random draw to replace that person. The Promoter may, in its sole discretion, declare any or all entries made by an entrant invalid, and/or prohibit further participation by an entrant in this Promotion or a prize event/activity if the entrant: (a) disrupts, annoys, abuses, threatens, harasses or attempts to do any of these things to the Promoter, another entrant or potential entrant of, or anyone else associated with, this Promotion; or (b) engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or damaging to the Promoter’s goodwill or reputation. Should any elements of the prize be changed, moved, cancelled or not available for any unforseen reason, the Promoter takes no responsibility and the Prize Winners and their companions will not be compensated. Prize Winners will be required to carry valid photo identification with them at all times during the event. CONFIDENTIALITY Contestants are advised that they may not use or disclose to any third party any information which the Promoter has advised them is confidential. This includes any information that comes into the possession of the Contestant concerning the management of the Promotion. This obligation continues after the expiry or termination of the Promotion. The Promoter reserves the right to solicit for entrants on Facebook and invite them to register for the Promotion. When entering this Promotion, the Contestant agrees to release Facebook from all liability and claims arising out of or in connection with the Promotion or these terms and conditions. You acknowledge and agree that your Entry must be in accordance with Facebook's Statement of Rights and Responsibilities and can be removed at any time by the Promoter or otherwise in accordance with Facebook's Statement of Rights and Responsibilities. The Competition is in no way sponsored, endorsed, administered by, or associated with Facebook. Any questions, comments, or complaints regarding the Promotion should be directed to the Promoter. ADDITIONAL PRIVACY TERMS The Promoter may use any personal information entrants provide in connection with this competition for the purpose of running the Promotion, and also in advertisements, publications, media statements and other promotional material associated with the Promotion. The Promoter may disclose the information for those purposes to its related bodies corporate and contractors. If entrants do not provide the information requested they will not be able to enter the Promotion. Conditions of Entry 1. Instructions and information on how to enter form part of these Conditions of Entry. Participation in this Promotion constitutes acceptance of these Conditions of Entry (and Schedule). 2. To the extent that there is any inconsistency between the Conditions of Entry Schedule and the Terms and Conditions; the Terms and Conditions of Entry Schedule will prevail. 3. In these Conditions of Entry, all references to Contestants to the Promotion, has been given the meaning of any entrant, finalists, registered participant, prize winners, and/or contestant. 4. By submitting an entry into this Promotion, entrants warrant that they have read, understand and agree to be bound by these Terms and Conditions and the Schedule to Conditions of Entry. 5. The Promoter’s decisions in connection with the Promotion are final and no correspondence will be entered into. 6. The Promotion will be conducted during the Promotion Period. 7. Entry into this Promotion will occur in accordance with Item 2 (Registration Dates and Times); and Item 3 (Promotion Contesting Dates and Times). Eligibility & Exclusions 8. Eligibility to enter the Promotion is subject to the Entry Exclusions (Item 5). Contestants must at all times comply with Item 5. Those Entrants who have not complied with Item 5 will be disqualified and/or ineligible to redeem a Major Prize. 9. Contestants are required to take full responsibility for ensuring that they meet the Eligibility Criteria and complies with these Conditions of Entry. 10. Contestants warrant that they are entering this Promotion in a wholly private nature and are not entering on behalf of a business or enterprise activity they are involved in. 11. The Promoter and/or its representatives may conduct security and/or verification checks (including enforcement of the Verification Requirements) in their absolute discretion to determine the bona fides of an entrant’s eligibility to enter the Promotion. 12. The Promoter reserves the right to exclude any person from entering and/or participating in the Promotion or claiming a prize for any reason (including but not limited to): a) That person’s medical condition or history. b) The preservation of the safety of the Promoter’s staff members or any other person or because the Promoter deems that the behaviour of a person may bring the Promoter’s brand into disrepute. c) The person cannot provide to the Promoter things required as stipulated at Item 6: Verification Requirements. Method of Entry 13. Contestants may enter this Promotion in accordance with Item 7: Method of Entry. Those entrants, who have not complied with Item 7, will be disqualified. 14. The Promoter reserves the right to disqualify any entry which in the opinion of the Promoter includes any content which may be unlawful, profane, inflammatory, defamatory and/or damaging to the goodwill or reputation of the Promoter. 15. Unless otherwise stated in these terms and conditions, no person may participate in this Promotion on behalf of any third party. Any person who is discovered to have used or attempted to use more than one name in entering the Promotion will be disqualified from participating in the Promotion and/or redeeming a prize. 16. All Contestants acknowledge that the Promoter may rely on these clauses even after the Promoter has awarded or appeared to have awarded the prize to a person or after a person is announced as the prize winner. The Promoter reserves its rights to require return of the prize or payment of its value to the Promoter if this occurs. 17. Should a Contestants contact details change during the Promotion Period, it is the Contestants’ responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter. 20. All prizes are awarded in accordance with Item 9: Prize Details. 21. The Promoter may (subject to State Regulations) vary the terms of, or terminate, this Promotion at any time at its absolute discretion without liability to any contestant or other person. The Promoter will not award the prize if the Promotion is terminated. 22. All prizes are non transferable and non exchangeable, must be used on any dates specified in these terms and conditions, by the Promoter and/or the prize provider and are not redeemable for cash unless cash is specified. 23. All prize values are the recommended retail value as provided by the supplier, are in Australian dollars and are correct at the time of printing. The Promoter takes no responsibility for variations in the prize value. 24. No other costs will be included and all expenses (including, but not limited to, the costs of transport to and from a prize venue and meals), other than those specifically referred to in Item 9, will be at each Contestants’ and (if applicable) their accompanying guest’s cost. 25. The Promoter will not be responsible or liable if for any reason beyond their reasonable control any element of any prize is not provided. The Promoter may, subject to State regulations, substitute a different prize of equivalent value in place of any prize referred to in these terms and conditions. 26. Where the prize involves the winners attendance at or tickets to an event, if any part of the event is cancelled, varied or rescheduled for any reason, then at the Promoter’s discretion, the entrants and any accompanying guests will forfeit all rights to attend the relevant event and no cash or alternative tickets will be awarded in lieu of that element of the prize. 27. Obtaining time off work and/or study or related activities to participate in the Promotion and/or a prize will be the sole and absolute responsibility of each contestant. 28. The Promoter will not be responsible for any changes in times or dates, or cancellations or rescheduling of events that may prevent the prize winner from redeeming the prize or any part of it. 29. If a prize winner does not take any element of a prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that prize or any part of it. 30. The Promoter reserves the right to request winners to provide proof of identity, proof of residency; in order to claim a prize. Proof of identity, residency and/or entry validity considered suitable for verification is at the Promoter’s discretion. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. 31. Contestants proposing to redeem prizes involving participation in the Promotion where it involves travel, stunts or challenges, and/or participation in an event, may, at the absolute discretion of the Promoter, first be required to: a) Submit to a medical examination by a medical practitioner approved by the Promoter and obtain relevant medical clearance to participate in the Promotion and/or redeem the prize; and/or b) Execute a Deed of Release and Indemnity in a form prescribed by the Promoter in order to participate further in the Promotion and/or redeem the prize; and/or c) Provide additional materials as reasonably requested by the Promoter, as listed in Item 6. 32. All decisions and actions of the Promoter relating to the Promotion and/or redemption of the prizes are exercised accordingly at its absolute discretion and are final. No discussions or correspondence with Contestants or any other person will be entered into. 33. All prize winner(s) will be notified; by: a) by telephone; or b) by email; or c) via the Hertz Australia Official Facebook Page 34. All prize winners must sign these Terms and Conditions in a form prescribed by the Promoter in order to collect their prize. Prizes unclaimed after a period of three (3) months will be forfeited subject to State regulations. 35. The Promoter and its agencies and representatives associated with this Promotion will not be liable for any loss (including but not limited to indirect or consequential loss), damage or personal injury which is suffered or sustained (including without limitation to that caused by any person’s negligence) relating to this Promotion or the awarding or taking of the prizes except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law). 36. Any failure by the Promoter to enforce any one of these Terms and Conditions in any instance(s) will not give rise to any claim or right of action by any other person or contestant. 37. It will be each Contestants’ and (if applicable) their accompanying guest’s responsibility to take out all relevant insurance (including but not limited to travel insurance) which may be required or prudent to be taken (at their own cost). 38. The Promoter accepts no responsibility for any tax implications that may arise from winning of the prizes. Independent financial advice should be sought. 39. The Promoter reserves the right to exclude any persons from the Promotion on the ground of their medical condition or history, for the safety of the Promoter’s staff members or others or for any other reason, for example bringing the Promoter’s brand into disrepute. The Promoter also reserves the right to disqualify a Contestant if: a) at any stage they engage in, cause or incite physical violence (e.g. punching, slapping), inappropriate, illegal, unsociable or unsafe behaviour; and/or b) the safety of any of the Promoter’s staff member is compromised. Release & Indemnity 40. To the extent permitted by law, all Contestants release from, and indemnify the Promoter against all liability, cost, loss or expense arising out of acceptance of any prize(s) or participation in the Promotion including (but not limited to) loss of income, loss of opportunity, personal injury and damage to property, whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise. Publicity Materials 41. Promoter has the right to publicise, broadcast, film, publish and communicate to the public the names, characters, likenesses or voices of any entrants for any promotion or matter incidental to the Promotion. 42. Contestants may be required by the Promoter to participate in photo, recording, video and/or film session(s) (the “publicity materials”) and acknowledge that the Promoter has the right to use such publicity materials in any medium (including, without limitation, the internet) and in any reasonable manner it sees fit, unless that person advises the Promoter at the time of entering the Promotion that he/she wishes to retain his/her anonymity. Copyright 44. By entering this Promotion all entrants: a) assign to the Promoter all rights including present and future copyright in their entry and the publicity materials in all media (including, without limitation, the internet) and whether in existence now or created in the future; b) agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against the Promoter, its assigns, licensees and successors in title; and c) undertake to the Promoter that their entry is not in breach of any third party intellectual property rights. Technical Malfunctions / Tampering 45. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, communication network, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise, injury or damage to entries or to participants’ or any other person's computer related to or resulting from participation in or down-loading any materials in this Promotion. If the Promotion is not capable of being conducted due to circumstances beyond the Promoter’s control, including due to any technical or communications problems, the Promoter reserves the right to amend, suspend or cancel the competition subject to approval from any relevant authority. 46. The Promoter reserves the right to disqualify all entries from any entrant who tampers with, or benefits from tampering with, the entry process or the Promotion. Entrants can enter the Promotion once. Automatically - or computer-generated entries will not be accepted. 48. If a Contestant or winner is not successfully contacted in a telephone call or attempted telephone call by the Promoter related to participation or entry in the Promotion (including where a third party answers the telephone on the contestant or winner’s behalf) that person will be disqualified and a replacement contestant or winner (whichever is applicable) will be selected by the Promoter. 49. Hertz respects privacy rights under the Privacy Act 1993 and is required to comply with the privacy principles in respect of the collection of personal information from individuals.
50. These terms and conditions shall be governed by and construed in accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of Australian courts. |