NISSAN'S FAVOURITE FAN PROMOTION TERMS AND CONDITIONS
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.
Entry requirements and Promotion details
The Promotion will be conducted as follows: (a) There is no cost for entry to the Promotion. (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. (f) The final stage of the Promotion will be conducted at the final Melbourne Vixens home game for the 2018 season. At a select time during the broadcast, each of the Minor Winners will participate in a dance contest to win the Prize (defined below). (g) One of the Minor Winners will be selected as the winner of the Prize (Major Winner) based on their dancing ability, creativity and originality.
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.
There will only be one Major Winner.
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).
The Prize will be awarded to the Major Winner within 28 days of the Major Winner being selected.
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 printing.
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.
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 on the basis of ability, creativity and originality 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.
The Minor Winners of the Promotion will be selected by the Promotor at Hisense Arena, 2 Olympic Blvd, Melbourne VIC 3004 or Margaret Court Arena, Melbourne & Olympic Parks, Olympic Blvd, Melbourne VIC 3001 at each of the six Home.
The Major Winner of the Promotion will be selected by the Promotor at Hisense Arena, 2 Olympic Blvd, Melbourne VIC 3004 at the final Melbourne Vixen home game of the season.
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.
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.
Once a Major Winner has been confirmed, the Promoter will contact the Major Winner to arrange for delivery of the Prize.
It is a condition of accepting the Prize that the Winning Entrants must comply with all the conditions of use of the Prize and the requirements of the supplier of the Prize.
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.
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.
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 Entrant; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.
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.
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.
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.
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
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 interference; (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.
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.
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.
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.
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.
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.