PART A - INTRODUCTION
1. Information on how to enter and Prize details form part of these Terms and Conditions.
2. By participating in the Competition, entrants accept and agree to be bound by these Terms and Conditions. For the avoidance of doubt, the Terms and Conditions include the Schedule above.
3. Entries must comply with these Terms and Conditions to be valid.
PART B – PRIVACY
4. The Promoter (Melbourne Symphony Orchestra) will collect and use each entrant’s personal information for the purposes of:
(a) conducting the Competition (which may include disclosure to third parties for the purpose of processing and conducting the Competition) and for promotional purposes, public statements and advertisements in relation to the Competition.
(b) Promotional purposes. Such as adding the entrants to a marketing database where entrants agree to receive marketing through email and social media.
PART C - WHO CAN ENTER THE COMPETITION
6. Entrants must be over the age of 18 at the time of entering the competition. If the winner of a Prize is under 18 years of age, the Prize will not be awarded to the entrant and a new winner will be randomly selected.
7. Directors and employees (and their immediate families) of the Promoter or its related companies or agencies are not eligible to enter. Immediate families includes spouse, ex-spouse, children, step- child/ren, parents, step-parents, legal guardian/s, sibling/s or step-sibling/s.
PART D – HOW TO ENTER THE COMPETITION
8. To enter, each entrant must comply with the ‘How to Enter’ section of the Schedule.
9. If the Schedule permits entrants to submit more than one entry, each entry must be unique and submitted separately.
10. Entries must not have been published previously or used to win prizes in other competitions. 11. An entry cannot be modified after it has been submitted.
12. The Promoter reserves the right, at any time, to request verification of the age, identity, residential address or any other information relevant to participation in the Competition of all entrants. The Promoter reserves the right to disqualify any entrant who provides false information or fails to provide information that is reasonably requested by the Promoter.
13. The Promoter reserves the right, in its sole discretion, to refuse to accept entries which are incomplete, indecipherable, offensive, do not comply with these terms and conditions or which contravene any applicable laws or regulations.
14. The Promoter reserves the right, in its sole discretion, to disqualify any entrant who has breached any of these Terms and Conditions, has engaged in unlawful or improper conduct or otherwise acts to cheat or undermine the fairness of the Competition by, for example, tampering with, or using or exploiting errors in, the entry process to obtain a competitive advantage over other entrants.
15. The eligibility of entries is solely within the discretion of the Promoter.
16. The Promoter accepts no responsibility for late, lost, misdirected or damaged entries or other communications.
PART E - PRIZES
17. Each Prize is not transferrable, exchangeable or redeemable for cash.
18. If a Prize is unavailable for reasons beyond the Promoter’s control, the Promoter reserves the right to substitute the Prize with a prize of equal or greater monetary value. This right is subject to any applicable legislation, regulations or directions from a regulatory authority.
19. Once a Prize has left the Promoter’s premises, the Promoter takes no responsibility for the Prize being damaged, lost or stolen.
20. All taxes (excluding GST, if any) which may be payable as a consequence of receiving a Prize are the sole responsibility of each winner.
21. The winner's use of the Prize is entirely at their own risk. By accepting the prize, the winner agrees to indemnifying the Promoter against any liability arising from the winner’s acceptance and use of the Prize and the winner’s participation in the Competition.
PART F - HOW THE WINNER(S) ARE DETERMINED
22. The Competition is a game of Chance.
23. At the time and date specified in the “Determining the winner(s)” section of the Schedule, each valid entry will be entered into a process of random selection.
24. The winning entry or entries will be the entry or entries that are selected at a random draw.
25. The number of winning entries to be selected will be the same as the total number of Prizes specified in the Schedule
26. The promoter’s decision will be final and binding and no correspondence with entrants or any other person will be entered into.
27. The winner will receive the Prize outlined in the Schedule.
PART G - NOTIFICATION AND CLAIMING THE PRIZE(S)
28. The Promoter will provide the winner with instructions on how to claim their Prize. It is the responsibility of the winner to comply with the Promoter’s instructions.
29. The Promoter reserves the right to request the winner to provide proof of their identity and/or proof that they were responsible for the winning entry.
30. The winner agrees to participate and cooperate, as required, in all publicity activities relating to the Competition, including, without limitation, being interviewed, photographed, filmed and recorded. Each winner authorises the Promoter to use such content for advertising and publicity purposes in any media in perpetuity worldwide.
31. It is the responsibility of each entrant to notify the Promoter of any change to their contact details.
PART H - UNCLAIMED PRIZES
32. The Promoter will take all reasonable steps to identify and notify the winner in an attempt to ensure that the winner receives their Prize. However, if a winner cannot be identified or does not claim the
Prize within 24 hours from the time on which the winner is determined and contacted, their Prize is forfeited and will be awarded to the next best entry.
33. The winner of an unclaimed Prize will be determined and notified in accordance with Parts F and G.
PART I – NO LIABILITY
34. Any Prize supplied by a third party supplier is subject to the Terms and Conditions of that third party supplier. Each Prize may come with guarantees that cannot be excluded under the Australian Consumer Law. If those guarantees are not complied with, then you will have rights under the Australian Consumer Law. Subject to those guarantees and rights, the Promoter shall not be liable and excludes all liability (including negligence) for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) for damage to property, personal injury or death suffered or sustained in connection with the Competition or the use or taking of any Prize except for any liability which cannot be excluded by law including as provided for under the Australian Consumer Law.
35. If entry is via Facebook/Instagram or if the Competition is promoted on Facebook, the Competition is in no way sponsored, endorsed, administered by or associated with Facebook and each entrant agrees to grant Facebook a complete release from any claims that they now have or may have in the future which relate to or are incidental to the Competition. Entrants acknowledge and agree that:
(a) any information they provide in connection with the Competition is provided to the Promoter and not to Facebook or any other social network; and
(b) any questions, comments or complaints regarding the Competition will be directed to the Promoter, not to Facebook or any other social network.
36. If entry is via Instagram or if the Competition is promoted on Instagram, the Competition is in no way sponsored, endorsed, administered by or associated with Instagram and each entrant agrees to grant Instagram a complete release from any claims that they now have or may have in the future which relate to or are incidental to the Competition. Entrants acknowledge and agree that:
(a) any information they provide in connection with the Competition is provided to the Promoter and not to Instagram or any other social network; and
(b) any questions, comments or complaints regarding the Competition will be directed to the Promoter, not to Instagram or any other social network.
PART J - TERMINATION OF COMPETITION
37. The Promoter reserves the right to vary the terms of, or cancel, the Competition at any time without liability to any entrant or other person, subject to applicable laws.