Splendour In The Grass – Smirnoff & Purple Sneakers Competition 2015 T&C’s

Splendour In The Grass – Smirnoff & Purple Sneakers Competition 2015

Terms and Conditions

1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2. The promotion is open to all residents of Australia aged 18 and over, except employees (and their immediate families) of the Promoter and its affiliate companies, agencies and any one professionally connected with the promotion.

3. Entries open at 4pm AEST on Tuesday 26th May 2015 and close at 11:59pm AEST on Tuesday 16th June 2015 (“Promotional Period”).

4. No purchase is necessary to enter or participate.

5. To enter, individuals must, during the Promotional Period, visit purplesneakers.com.au, locate the Purple Sneakers competition editorial and post a comment with their most creative answer to the question: “Tell us in 25 words or less, which Splendour 2015 artist you want to see and why”, and include any other requested details.

6. 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.

7. The Promoter reserves the right, at any time, to invalidate any entries which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or entries that have been submitted through the use of multiple identities, email addresses or accounts.

8. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

9. Incomplete, indecipherable or illegible entries will be deemed invalid. All entries should be appropriate from a responsible drinking perspective otherwise they will be dismissed.

10. One entry per person, multiple entries will not be permitted.

11. This is a game of skill and chance plays no part in determining the winner. Entries will be individually judged based on their creative merit and originality. The winner will be notified by email and asked to email ID and contact details. The Promoter’s and judges’ decisions are final and no correspondence will be entered into.

12. The best entry, as determined by the judges, will win the prize of 2 x GA tickets PLUS camping to Splendour in the Grass 2015 between Friday 24th July 2015 and Sunday 26th July 2015 at North Byron Parklands, NSW.

13. Prize consists of tickets and camping only. Winner and their companion will be responsible for their own travel to and from the Splendour in the Grass event. Any other additional ancillary costs associated with taking the prize are not included.

14. It is a condition of taking the prize that the winner and their guest may be required to sign a legal release in a form determined by the Promoter. Prize, including any unused portion, is not transferable or exchangeable and cannot be taken as cash.

15. The Splendour in the Grass tickets are subject to event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or his/her companion/s) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the event.

16. The prize winner and his/her guest chosen to participate in the prize must be available to attend the event between Friday 24th July 2015 and Sunday 26th July 2015. These dates are not flexible. If for any reason the winner does not redeem the prize, or part of the prize, at the time stipulated by the Promoter, then the prize, or part of the prize, will be forfeited.

17. If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.

18. When entrants submit any materials via the promotion, including comments, recordings and images (“Content”), the entrant, unless the Promoter advises otherwise, license and grant the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use. Entrants warrant that they have the full authority to grant these rights. Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 18, or otherwise unsuitable for publication; (b) their Content shall not contain viruses or cause injury or harm to any person or entity; and (c) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

19. Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above clause 18.

20. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

21. If this promotion 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 bylaw: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.

22. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.

23. Nothing in these Terms and 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 (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 promotion.

24. 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 any prize event 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) attendance at a prize event.

25. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at http://diageopromotions.com.au/privacy#cookies. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out of marketing, access, update or correct their PI, how entrants’ entrant can contact and may complain about a breach of the Australian Privacy Principles. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia, and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By entering the promotion entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.

26. The Smirnoff word and associated logos are trademarks. © The Smirnoff Co. 2015

27 The Promoter is Diageo Australia Limited (ABN33 004 167 720) of 162 Blues Point Rd, McMahons Point, NSW, 2060. Any questions, comments or complaints regarding this promotion should be directed to Diageo Australia Limited via [email protected]

28. Diageo encourages consumers to enjoy drinking its products responsibly. Legal aged consumers are advised to visit www.drinkwise.org.au to get the facts on standard drinks and responsible drinking.