SCHEDULE TO THE TERMS OF ENTRY – "JIMMY BARNES MODUS OPERANDI PHOTO COMPETITION"
Name of Competition JIMMY BARNES MODUS OPERANDI PHOTO COMPETITION
Name of Promoter LIBERATION MUSIC PTY LTD T/A BLOODLINES MUSIC (ACN 002 151 108) of 9 Dundas Lane, Albert Park, Victoria, 3206 Australia
Promotion Period Opens: Wednesday 30 October, 19:00 PM AEDT (Competition Open Date)
Closes: Sunday 10 November, 11:59 PM AEDT
Promotion Site and
Promotion Email https://www.facebook.com/jimmybarnesofficial/ ("Promotion Site"), and
promotional emails sent from Promoter to members of the Jimmy Barnes mailing list ("Promotion Email")
1. To enter, entrants must, during the Promotion Period:
Email a photo taken at Jimmy Barnes' Shutting Down Your Nation tour to [email protected], along with the entrants full name and the Jimmy Barnes show the photo was taken at.
Entry Restrictions
EMPLOYEE RESTRICTIONS: Any employee, contractor or sub-contractor of the Promoter or any of its related corporations and immediate family members are excluded from entering the Promotion.
RESIDENTIAL REQUIREMENTS: This Promotion is open to all residents of Australia and New Zealand aged 18 years or over.
GENERAL REQUIREMENTS: The Winner must be able to take the Prize (as defined below) on the date nominated by the Promoter. The Winner must execute an assignment of copyright agreement for the winning picture.
There will be one (1) prize for the Promotion.
The winner will have their photo printed in the CD booklet for Jimmy Barnes' forthcoming album "My Criminal Record / Modus Operandi (Live At The Hordern Pavilion 2019)"
Judging Date Provisional Winner will be chosen on Tuesday 12 November 2019
Winner Notification Provisional Winner will be notified by the Promoter by email and/or phone on Tuesday 12 November
Prize Claim Date and Time The Provisional Winner will have until Monday 18 November 2019, 10 AM AEDT to notify the Promoter of their intention to claim their prize and execute the copyright assignment agreement.
Alternative Winner Notification Alternative Winner (if required) will be notified by the Promoter by email and/or phone on Monday 18 November 2019
Alternative Winner Prize Claim Date and Time Alternative Winner (if required) will have until Monday 25 November, 10 AM AEDT 2019 to notify the Promoter of their intention to claim their prize
Method of Contacting
Promoter To claim a Prize, the Provisional Winner or Alternative Winner (if applicable) must contact the Promoter via email at [email protected] or by telephone: (03) 9690 3399
'TERMS OF ENTRY' FOR THE PROMOTION
These Terms of Entry together with the Schedule to Terms of Entry (collectively referred to as the "Terms and Conditions") form the rules of entering the Promotion. By participating in the Promotion, entrants accept these Terms and Conditions. Entries must comply with these Terms & Conditions to be valid. The Promoter reserves the right to disqualify any entrant and/or winner who does not comply with these Terms and Conditions.
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.
If there is any discrepancy between these Terms of Entry and the Schedule to Terms of Entry, then the Schedule to Terms of Entry will prevail.
The Promotion is only open to an individual who complies with the Terms and Conditions, including but not limited to the Entry Procedure and Entry Restrictions. Entries must be submitted by an individual (not via any agency or similar).
If a winning entry is deemed not to comply with the Terms and Conditions, the Promoter reserves the right to discard that entrant's entry and proceed as if that entrant had not entered the Promotion.
The Promoter reserves the right to disqualify any participant or winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Promotion, or obtained winner status using fraudulent means.
If, due to any reason whatsoever, the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these Terms and Conditions, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of Promoter, to return, refund or otherwise make restitution of the prize.
Entries must be received during the Promotion Period. Late or incomplete entries will be disqualified.
Entry to this Promotion can only be made via email to [email protected]
To enter this Promotion, an entrant must, during the Promotion Period complete all of the steps as set out in the Entry Procedure section of the Schedule.
Upon validly completing all the steps as set out in Condition 10 above, 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.
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.
By submitting an entry to the Promotion the winner agrees, at the Promoter's request, to execute an assignment of copyright agreement granting the Promoter ownership of all rights (including copyright) in the photograph submitted as part of the entrants entry. The entrant agrees that should it refuse or fail to execute the assignment agreement by the Prize Claim Date and Time, the Promoter will select an alternate winner.
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. All entrants agree that their full name will be printed in CD Booklet sold and distributed by the Promoter.
Selection of Winners
This is a game of skill. Chance plays no part in determining the winner. Each entry will be individually judged based upon creative merit, suitability to the product and relevance to the Promoter or Jimmy Barnes 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.
A panel of judges will be appointed by the Promoter (the "Judges"). Judging will occur at the Promoter's office on the Judging Date. The entry judged to be the best based on the above criteria will win the Prize, subject to verification of the entrant's compliance with these Conditions (the "Provisional Winner").
The Provisional Winner will be notified on the date and via the method stated in the 'Winner Notification' section of the Schedule.
The Provisional Winner must claim the Prize Claim Date and Time using an accepted Method of Contacting Promoter and if the Prize remains unclaimed by the foregoing time, or a Provisional 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 alternative entry to be awarded the unclaimed Prize (the "Alternative Winner").
If an Alternative Winner is required, the Alternative Winner will be notified on the date and via the method stated in the Alternative Winner Notification section of the Schedule and will have until the Alternative Winner Prize Claim Date and Time to notify the Promoter that they accept the Prize using an accepted Method of Contacting Promoter as outlined in the Schedule.
Judges' decision is final and binding in all matters related to the Promotion 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.
The Promoter may require the winner/s to provide identification as requested by the Promoter including (without limitation) proof of identity, proof of age and proof of residency. Identification considered suitable for verification is at the Promoter's discretion.
The winner(s) will receive the Prize as detailed in item 'Prize' section of the Schedule.
The value of the each prize comprising the prize pool and the total prize pool value is detailed in the 'Prize' section of the Schedule.
The winner (and if applicable, the winner's guest) must adhere to the territorial and age restrictions as detailed in the Schedule when entering the competition and using the prize.
Except where specifically provided for by the Promoter as part of the Prize, The winner and their Prize companion are responsible for organising 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, which in the case of a Prize which is, or includes, a concert ticket(s) will be the nominated concert date.
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.
Where a prize includes a ticket, ticket allocation is at the Promoter's sole discretion. Tickets may not, without the prior written consent of Promoter, be re-sold or offered for resale at a premium (including via online auction sites) or used for advertising, charity fundraising, promotion or other commercial purposes (including but not limited to competitions and trade promotions) or to enhance the demand for other goods or services, either by the winner(s) or any subsequent bearer. If a ticket is sold or used in breach of this condition, the ticket may be cancelled and the bearer of the ticket may be refused admission. Promoter's usual ticketing and venue terms and conditions apply to all tickets provided under this Promotion and by accepting tickets Entrants agree to be bound by their respective terms, including any applicable age restrictions.
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.
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 in the Promoter's absolute discretion, alternatively the Promoter may decide in its absolute discretion to withdraw the Promotion before any winners are notified, or thereafter if any circumstances beyond the Promoter's reasonable control prevent or restrict the Promoter or any other person or party from providing the prize or any aspect of the prize.
If a winner of a Prize is under the age of 18 years (where entry by persons under 18 is permitted), the Promoter may, at its discretion, award the prize to the winner's parent or guardian and/or the Promoter may require the winner to take as the second person a parent or guardian who will assume all responsibility for the winner for the duration of using the Prize and (if requested by Promoter) will provide Promoter with written confirmation to that effect.
If the Prize includes a ticket to a concert and the condition of entry into the concert requires that children aged 14 years of age or younger be accompanied by a parent or legal guardian, then if the winner of the competition is 14 years of age or younger their nominated guest must be the winner's parent or guardian and that person must be aged 18 years or older.
The Promoter is bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). The Promoter's privacy policy can be viewed at https://bloodlinesmusic.com.au/privacy-policy/. To request access to or update personal information the Promoter holds about them, Entrants can contact the office of the Promoter or [email protected]
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 bloodlinesmusic.com.au to view the Promoter's privacy policy.
In the event that the Promotion is conducted in part or entirely through the Promoter's Facebook Page, the Entrant acknowledges that 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.
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 facebook.com/terms.php.
Any costs associated with accessing the Promotion Page or the Promoters social media pages is the Entrant's responsibility and is dependent on the internet service provider uses.
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").
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).
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.
The laws of Australia apply to this Promotion.