Nissan's Favourite Fans Promotion TERMS AND CONDITIONS
NISSAN'S FAVOURITE FAN PROMOTION
TERMS AND CONDITIONS
1.The promoter is Victorian Netball Association
trading as Netball Victoria (ABN 83 704 752 745) of 487 King Street, West
Melbourne, Victoria 3003 (Promoter).
2.These terms and conditions (Terms and
Conditions) apply for the 2018 Nissan's Favourite Fan Promotion (Promotion)
to be conducted by the Promoter.
3.Information on how to enter the Promotion and
the prizes available from part of these Terms and Conditions. Participation in the
Promotion is deemed acceptance of these Terms and Conditions.
4.Entries which do not comply with these Terms and
Conditions are void.
5.Entry is open to all residents of Victoria aged
18 years and over as at the time of entry. Directors, officers, management and
employees (and the immediate family members of directors, officers, management
and employees) of the Promoter or any companies and agencies associated with
the Promotion are not eligible to enter. For the purposes of these terms and
conditions, "immediate family members" include a spouse, ex-spouse,
de-facto spouse, parent, child, sibling or step-child whether or not they live
in the same household. For the avoidance of doubt, entry is not open to
residents outside of Victoria.
6.The Promotion commences on 28 April 2018
at 3.00 pm (AEDST) and concludes on 5 August 2018 at 11:59 pm
(AEDST) (Promotion Period). The Promoter reserves the right to extend
the Promotion Period at its own discretion subject to any relevant legislation.
(b)Individuals who are eligible to and wish to
enter the Promotion (Entrants) must attend a Melbourne Vixen's home game
in 2018 (Home Game). Entrants must hold a valid ticket or membership
allowing them valid attendance to the Home Game they are attending.
(c)At a select time during each Home Game, Entrants
will be invited to dance and cheer while a camera pans the audience.
(d)Entrants will be judged on their dancing
ability, creativity and originality.
(e)One attendee will be chosen as the winner for each
Home Game (Minor Winner) — a total of 6 Minor Winners across the season.
The six Minor Winners will qualify for the final stage of the Promotion.
(i)each Minor Winner will be required to correctly complete
a large car-shaped puzzle, shoot a goal and run to the court centre circle and
the first Minor Winner to reach the centre circle will be declared the winner
of the Prize (Major Winner);
(ii)each Minor Winner will select a car key with a
number out of a bucket that will determine which location they start the promotion
(iii)a buzzer will sound to indicate the game
(iv)each Minor Winner must complete the puzzle before
moving to the next stage;
(v)once the puzzle is complete and approved by the
Promoter, the Minor Winner will be handed a ball;
(vi)the Minor Winner must move to the goal area and
shoot a goal from anywhere within the goal circle - competitors may continue to
shoot for goal until they score;
(vii)once the goal is scored the Minor Winner must
run to the court centre circle;
(viii)the first Minor Winner to reach the centre
circle and have any part of their foot in the centre circle will be deemed the
winner of the Prize;
(ix)if two or more Minor Winners reach the centre
circle at the same time, a footage review of the person's foot that has landed
in the circle first will occur after the Melbourne Vixens home game and the
decision of the Promoter will be final;
(x)if it is deemed a draw, a goal shootout will
(xi)the goal shootout will consist of a best of 5
shots from the centre of the goal circle line (from a position chosen by the
(xii)if the score is equal at the end of the goal
shootout, each of the remaining competitors will continue to compete in a goal
shootout (taking in turns to shoot a goal); and
(xiii)where a shootout is required, the winner of the
shootout will be declared the Major Winner and win the Prize.
8.For the avoidance of any doubt, there will be
one Minor Winner selected from each Home Game. Entrants cannot be selected as a
Minor Winner at more than one Home Game.
9.There will only be one Major Winner.
10.The Major Winner will receive a Nissan X-TRAIL
Ti Auto AWD, (with premium paint), valued at $50,818 drive-away inclusive of
on-road costs (Prize).
11.The Prize will be awarded to the Major Winner
within 28 days of the Major Winner being selected.
12.The Prize is not transferable, exchangeable or
redeemable for cash. Prize value is in Australian dollars exclusive of GST and
is based on the recommended retail value of prize components at the time of
13.The Promoter accepts no responsibility for any
variation in the value of any part of the Prize. If any part of the Prize is
unavailable, for whatever reason, the Promoter, in its discretion, reserves the
right to substitute the Prize or any part of the Prize for a prize of equal value
and/or specification. To the extent permitted by law:
(a)the Promoter makes no representations or
warranties as to the suitability of the Prize; and
(b)no compensation will be payable if, for any
reason, a winner is unable to use the Prize as stated.
14.The Promotion is a game of skill. Chance plays
no part in determining the winner. Each valid entry will be individually judged
according to its merits as determined in the complete discretion of the
Promoter. The Promoter's decision on the Promotion winner is final and no correspondence
will be entered into.
15.The Minor Winners of the Promotion will be
selected by the Promoter at Hisense
Arena, 2 Olympic Blvd, Melbourne VIC 3004 at each of the six Home Games.
16.The Major Winner of the Promotion will be
selected by the Promoter in accordance with these Terms and Conditions at Hisense Arena, 2 Olympic Blvd, Melbourne
VIC 3004 at the final Melbourne Vixens home game of the season.
17.The Minor Winners and Major Winner (Winning
Entrants) will be notified in person at the time of being selected as a
winner as well as by phone and in writing within two business days of being
selected as a winner. The Major Winner's name will be published on the
Promoter's social media channels within seven business days of being selected
as a winner and remain available to the public on those channels for at least a
period of 28 days.
18.The Promoter may in its absolute discretion deem
a Winning Entrants' entry invalid subsequently to the Winning Entrant being
notified or their name being announced if it is discovered that one of the Winning
Entrants did not comply with these Terms and Conditions. In those
circumstances, the next best entry (as determined at the complete discretion of
the Promoter) will be deemed to be the winner in place of the disqualified
Winning Entrant. The Promoter's decision is final and the Promoter will not
enter into correspondence regarding the result.
19.Once a Major Winner has been confirmed, the
Promoter will contact the Major Winner to arrange for delivery of the Prize.
20.It is a condition of accepting the Prize that
the Major Winner must comply with all the conditions of use of the Prize and
the requirements of the supplier of the Prize.
21.Entrants consent to the Promoter using the
Entrant's name, likeness, image, voice and/or entry 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 the
Promotion including any outcome, and promoting any products or materials
manufactured, distributed and/or supplied by the Promoter or the supplier of the
Prize and any related use by the Promoter.
22.It is a condition of accepting the Prize that
the Major Winner agrees to participate in and cooperate with all reasonable
media editorial requests, including but not limited to, being interviewed,
photographed and filmed and the Major Winner grants the Promoter a perpetual,
irrevocable, non-exclusive, royalty free licence to use such footage and
photographs in all media worldwide and the Major Winner will not be entitled to
any fee for such use. The inclusion of any such recordings, footage or
photographs (including but not limited to creative control of such recordings,
footage or photographs) will remain with the Promoter at all times.
23.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, the Promoter reserves the
right, in its sole discretion, to the fullest extent permitted by law:
(a) to disqualify any
(b) to modify, suspend,
terminate or cancel the Promotion, as appropriate.
24.In the case of the intervention of any outside
act, agent or event which prevents or significantly hinders the Promoter's
ability to proceed with the Promotion within the dates and in the manner
described in these Terms and Conditions, including but not limited to
vandalism, power failures, tempests, natural disasters, acts of God, civil
unrest, strike, war, act of terrorism, the Promoter may in its absolute
discretion cancel or vary the Promotion and recommence it from the start on the
same conditions, subject to any relevant legislation.
25.As a condition of accepting the Prize, the
winner may be required to sign legal documentation as and in the form required
by the Promoter in its absolute discretion, including but not limited to a
legal release and indemnity form.
26.The Promoter reserves the right, at any time, to
verify the validity of entries and Entrants. Identification, age, residency,
entry and parenthood or legal guardianship considered suitable for verification
is at the discretion of the Promoter.
27.The Promoter reserves the right in its sole
discretion to disqualify any individual who it has reason to believe has
breached any of these Terms and Conditions, or engaged in any unlawful or other
improper misconduct calculated to jeopardise the fair and proper conduct of the
Promotion. The Promoter's legal rights to recover damages or other compensation
from such an offender are reserved.
Liability and release
28.Except for any liability that cannot be excluded
by law, the Promoter and its related entities exclude all liability (including
liability in negligence) for any claim, personal injury, death, loss or damage
(including loss of opportunity), cost or expense that may be suffered, incurred
or sustained by the Entrant or the Winning Entrant, whether direct, indirect,
special or consequential, arising in any way out of the Promotion, including,
but not limited to, arising out of the following:
(a)any technical difficulties or equipment
malfunction (whether or not under the Promoter’s control);
(b)any theft, unauthorised access or third party
(c)any entry or prize claim that is late, lost,
altered, damaged or misdirected (whether or not after its 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 of entry;
(e)any participating in the Promotion; and/or
(f)redemption and use by the winner of any Prize.
29.All Entrants, including the Winning Entrants
provide a release and indemnity to the Promoter and each of their officials,
servants, representatives, agents and sponsors (and any of their respective
representatives) against any claim, loss, damage, liability, cost and expense
that may be incurred or sustained by the Promoter or their officials, servants,
representatives, agents and sponsors (and any of their respective
representatives) arising out of any act, matter or thing done, permitted or
omitted to be done by the Entrant including each Winning Entrant in relation to
the Promotion or the Prize.
30.The Promoter and its related entities and their
respective officials, servants, representatives, agents and sponsors (and any
of their respective representatives) take no responsibility for defective
prizes or prizes damaged or lost in transit, or late, lost or misdirected mail.
31.The release and indemnity in clauses 28, 29 and 34
(each a Relevant Commitment) is given by each Entrant (including the
Winning Entrants) in favour of the Promoter. It is acknowledged that:
(a)the Relevant Commitment is given by each Entrant
and the Winning Entrants for the benefit of the Promoter with the intention
that it is entitled to rely on and enforce the Relevant Commitment; and
(b)the benefit of the Relevant Commitment is held
by the Promoter on its own behalf.
32.Personal Information will only be collected from
Winning Entrants. Winning Entrants’ personal information will be collected by
the Promoter for the purpose of conducting and promoting this Promotion
(including for the purpose of identifying and notifying the Winning Entrant).
Without limiting the foregoing, the Promoter may disclose Winning Entrants’
personal information to other parties assisting in the administration of the
Promotion including to the Promoter’s related entities, prize suppliers,
external service providers and authorities that regulate this Promotion. By
accepting the Terms and Conditions, the Winning Entrant consents to the
Promoter, its related entities and business partners (as applicable) using the
Winning Entrants’ personal information for the purpose of sending direct
marketing messages with respect to programs, products and services available
through any of all of them. The Promoter will handle the Winning Entrants’
available at https://vic.netball.com.au/privacy-policy/.
Winning Entrants may request access to or correction of their personal
information by writing to HR Manager, Netball Victoria c/- firstname.lastname@example.org.
33.These Terms and Conditions are governed by the
laws of the State of Victoria, Australia and each Entrant agrees to submit to
the exclusive jurisdiction of the courts of Victoria.
34.The Promotion is in no way sponsored, endorsed
or administered by, or associated with, Facebook. By participating, the
Entrant hereby releases and holds harmless Facebook from any and all liability
associated with the Promotion.