AMERICAN ASSASSIN” FACEBOOK MESSENGER COMPETITION
TERMS AND CONDITIONS
1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years or over who have a valid and current Facebook account and access to the Facebook Messenger application. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
3. Promotion commences at 9:00am AEST on 23/08/17 and closes at 5:00pm AEST on 07/09/17 (“Promotional Period”).
5. To enter, eligible entrants must then, during the Promotional Period, participate in a series of short form training games in the Ghost SH ChatBot, when prompted. Entrants will be provided with a series of training exercises (games). The completion of these training exercises (games) does not contribute to entrants final scores or affect their likelihood of winning the competition. Separate to the training exercises (games), entrants will be provided with six (6) assessment games from which they will receive a score per assessment game. The six (6) assessment games will be released periodically throughout the Promotional Period to all eligible users.
6. Entrants can play each individual assessment game a total of three (3) times. The ChatBot will take each entrant’s top score of those three (3) attempts per assessment game, which contributes towards their final score. Entrants may continue to play the assessment games if they choose to after three (3) attempts per assessment game is made, however scores each entrant receives during additional attempts in assessment games will not count towards their final score. The highest score of the three (3) attempts in each of the six (6) assessment games will contribute to each entrant’s final score.
7. Ranking for assessment games will be based on a series championship ranking system. Each of the assessment games will have specific scoring criteria and eligible entrant(s) with the best score will be sorted in descending order and awarded corresponding ranking points. Ranking points will be calculated based on ranking position with 1st position being awarded 40 points, 2nd position being awarded 35 points and each position after this being awarded one less point until 35th position who will be awarded just one (1) point (positions 36 - 40 will also be awarded 1 point). Assessment game ranking points from all six (6) assessment games will be added to determine the final rankings.
8. At the conclusion of the Promotional Period, the Promoter will tally the results and select the top ten (10) highest scoring entrants (“Finalists”). In the scenario that entrant(s) have the same score, the Promoter will consider the time it took entrant(s) to complete the assessment games, helping determine the shortlist of ten (10) Finalists. Each of the ten (10) Finalists will then be sent three (3) promotional questions by the Promoter, and each Finalist will have to follow the directions provided by the Promoter to answer the questions in an original and creative manner.
9. Responses will be judged by the Promoter and the Finalist who provides the most original and creative responses, in the Promoter’s discretion, will be deemed the winner. The judging will take place at the Promoter’s office, 1 Garden Street, South Yarra VIC 3141, on 11/09/17.
10. 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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
11. 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.
12. The Promoter may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
13. The winner will be notified by Facebook Messenger message and/or email on 12/09/17.
14. This is a game of skill and chance plays no part in determining the winner. The Promoter’s decision is final and no correspondence will be entered into.
15. The winner, as determined by the judges, will win a round the world trip for two (2) people to Los Angeles, USA. London, UK, Rome, Italy and Phuket, Thailand valued at up to AUD$30,000 depending on date and point of departure. Prize includes:
• 2 x return economy round the world airfares from winner's nearest capital city to Los Angeles, London, Rome and Phuket;
• return airport to accommodation transfers in each destination;
• 3 nights twin share accommodation at each destination;
• 1 x Green Beret experience in Los Angeles, including access to a shooting range, and participation in various exercises and training activities;
• 1 x Spy experience in London, including private tour and 1 x $500 voucher to Spymaster store;
• 1 x full day guided walking tour in Rome;
• 1 x Phuket speedboat adventure and island hopping tour; and
• travel insurance.
16. Spending money, meals, taxes (excluding airline and airport taxes), additional insurance, passports, visas, vaccinations, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken within 12 months after the winner is announced at the end of the Promotional Period, and is subject to booking and flight availability. Prize cannot be taken during Australian, US, Italian, UK or Thai public holidays or between 15/12/17 – 15/01/18.
17. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age.
18. The winner (and their companion) must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.
19. The winner and their companion will each be required to fully complete a travel insurance application form provided by the Promoter, and may also be required to undergo medical tests as required by the Promoter’s nominated travel insurer, in order to redeem the travel insurance element of the prize. Any person found guilty of insurance fraud or failure to honestly and accurately disclose all relevant insurance information at the time of applying for a travel insurance policy or when making a claim forfeits any rights or entitlements to the travel insurance element of the prize. Travel insurance will be provided by the Promoter’s nominated travel insurer, and subject to approval by the travel insurer. In the event that the Promoter’s nominated travel insurer refuses to issue insurance to the winner and/or companion, the winner forfeits that travel insurance element of the prize. Travel insurance is subject to the terms and conditions issued by the Promoter’s nominated travel insurer, including but not limited to any limitations on the covered amount.
20. Subject to the terms and conditions of the participating prize provider(s), if for any reason the winner does not, once the prize has been booked, take the prize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
21. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion, or suspend or modify a prize.
22. Any ancillary costs associated with redeeming any voucher are not included. Any unused balance of the voucher will not be awarded as cash. Redemption of the voucher is subject to any terms and conditions of the issuer including those specified on the voucher.
23. The winner and their companion acknowledge that the Green Beret experience prize (“Activity”) is a dangerous activity that may result in injury or death, and participate at their own risk. The winner and their companion must: (a) attend, undergo and pass any appropriate training, briefings, required medical tests and other requirements of the Promoter and Activity organisers as determined by them in their absolute discretion; (b) not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in the Activity; (c) not be under the influence of drugs or alcohol; (d) comply with all directions of the Promoter and Activity organisers at all times; and (e) wear all safety and other equipment required. The Promoter and Activity organisers, in their absolute discretion, at all times reserve the right to: (a) prevent any winner or their companion from participating in the Activity if, at any time, they reasonably believe that the winner or their companion poses a safety risk or for any other reason; and/or (b) cancel the Activity if the conditions are deemed dangerous. If the Activity is varied for any reason beyond the control of the Promoter it may not be rescheduled and no compensation will be offered.
24. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
25. Total prize pool value is up to AUD$30,000. Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
26. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish 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 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) the Content is the original literary work of the entrant that does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) 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.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
27. As a condition of entering this promotion, each entrant licenses and grants 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 their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
28. 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.
29. 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 by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
30. 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 States 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.
31. 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) any tax liability incurred by a winner or entrant; or (f) participation in the prize.
32. As a condition of accepting the prize, the winner (and their companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
35. 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 www.facebook.com/terms.php.
36. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
37. The Promoter is Roadshow Films Pty Ltd (ABN 28 100 746 870) of 1 Garden Street, South Yarra VIC 3141.