MTV TRIPPERS COMPETITION (the “Competition”) TERMS AND CONDITIONS
1. This Competition will be governed by these terms and conditions (the “Terms”) and entrants agree that they have read and understood these Terms and will be bound by them. VIMN Australia Pty Ltd, Ground Floor, 4-16 Yurong Street, East Sydney, NSW, 2010 (ABN: 18 107 601 418) (the “Promoter”) is solely responsible for the execution of this Competition.
2. Entrants may enter the Competition via Instagram. To enter, entrants must upload THEIR FAVOURITE FESTIVAL MOMENT showing why the entrant should be the next MTV Tripper (“Entry Photo”) on the entrant’s valid Instagram account, using the hashtags #MTVTRIPPERS and #WIN (the “Hashtags”). Entries will be housed on www.mtv.com.au/trippers (the “Competition Site”).
“Favourite Festival Moment” is not limited to music festivals – entrants can upload their Entry Photo in relation to a music, food, cultural, travel, literature and/or any type of festival they can think of. All Entry Photos, however, must comply with all terms and conditions contained herein, including that they must not infringe any third party rights, including without limitation those of any performing artists at a festival, and each Entry Photo must comply with any applicable terms and conditions of the festival the entrant has taken the photo at.
The winning entry will be chosen based on the most original and creative Entry Photo demonstrating a favourite festival moment , as determined by the Promoter in its sole discretion and in accordance with Term 11. There is no cost to enter the Competition; however internet access charges may apply. Please check with your internet service provider for current internet access charges, if any. Entrants should seek the permission of the person paying the bill before entering.
In respect of Entry Photo posted on Instagram, this should be a new post (rather than adding the relevant hashtags to an existing post). For the avoidance of doubt, a new post does not necessarily need to be a new photo
Entry Photo can feature only the entrant, or can include friends and family, so long as everyone in the Entry Photo consents to being in the Entry Photo and complies with any and all entry requirements and restrictions set out these Terms and Conditions, including without limitation being over 18.
Entrants may only submit an Entry Photo they have taken themselves or for which they have received permission to submit directly from the person who took the Entry Photo.
The Entry Photo must be uploaded during the Competition Period (as defined in Clause 3 below) to be a valid entry. Photos uploaded with the Hashtags outside of the Competition Period will not be valid entries and will not be considered by the Competition judges.
3. The opening date for entries begins on Thursday 10th December 2015 at 12:01:00 Australian Eastern Standard Time and will close on Friday 15th January 2016 at 17:59:00 Australian Eastern Daylight Time. The period between the opening date and the closing date shall be known as the “Competition Period”.
4. No purchase is necessary to participate in the Competition.
5. This Competition is open to residents of the following listed countries only: Australia, New Zealand, the United Kingdom and the United States of America.
6. To be eligible to enter the Competition entrants must fulfil each of the following criteria:
a) be aged 18 and over at the date of entry
b) hold an Instagram account (note: Entry Photos uploaded to a private Instagram account will not be accessible to the Promoter and will not be considered a valid entry into the Competition);
c) where entrants are not residents of Australia, hold a valid passport and have the right to travel to and enter Australia;
d) not be an employee or immediate relative of an employee of the Promoter and/or the Promoter’s respective parents, subsidiaries or affiliated companies or any other person professionally connected with this Competition, including without limitation DNSW (as defined below).
Employees of the Promoter, Prize (as defined below) suppliers, and any other company professionally connected with this Competition, including without limitation Destination NSW (ABN 52 890 768 976) of Level 2, 88 Cumberland Street Sydney, NSW 2000 (‘DNSW’), and the affiliates of any of the foregoing entities (each of the foregoing entities, referred to individually as a “Competition Entity” and collectively as the “Competition Entities”), and the immediate relatives of such employees, are not eligible to enter the Competition. All entrants shall be responsible for ensuring that their entry and/or acceptance of the Prize does not contravene any local laws or regulations in the country in which they are resident. This Competition shall be void where prohibited or restricted by law.
Note: You will need to create an Instagram account if you don’t already have one. Membership on Instagram is free and registration for Instagram can be obtained by logging onto the official Instagram websites available at http://instagram.com/ and following the onscreen instructions to open an account. Registration for Instagram requires downloading the free application to your mobile device and following the on-screen instructions to create a new account. The Instagram app is available for download from iTunes or directly from the App Store on your iPhone, iPod touch, or iPad or from the Google Play store on your Android device.
7. All entrants must adhere to Instagram’s rules and terms including the Terms of Service and Community Guidelines available at www.instagram.com.
8. Entrants may enter the Competition an unlimited number of times; however each entry must be a new, original Entry Photo as set out in Term 2 above. Only entries from individuals will be accepted. Any entries that the Promoter believes have (a) been made via participation in a syndicate or (b) via any form of machine assisted intervention enabling computer generated multiple entries, will be disqualified. The Promoter reserves the right to discount multiple entries from the same IP address.
9. All entries must be uploaded from a valid Instagram account, must comply with these Terms and must include the Hashtag set out in Term 2 above.
10. Promoter reserves the right to extend the duration of the Competition or terminate the Competition (or any part thereof) in the event that, in Promoter’s opinion, there are insufficient entries for Promoter to be able to select the Winner, or, in Promoter’s opinion, improper conduct by an entrant (or any number of them) has rendered the Competition unfair to all entrants.
11. There will be one (1) winner chosen from all entries received during the Competition Period (the “Winner”). A panel of judges (which shall include no less than one independent member) shall review eligible entries received prior to the closing time and select one successful entrant as the Winner. The Winner will be the entrant who has submitted the most original and creative Entry Photo demonstrating a fresh and unique perspective on travel, as determined by the Promoter in its sole discretion.
12. If you are the Winner, you will win a trip to Sydney for yourself and one (1) guest (the “Prize”).
The Prize is return economy flights to Sydney, Australia from a departure airport in the nearest capital city within the country in which the Winner is resident.
The Prize value is approximately AUD $4,000.
The Winner’s guest must:
a) be aged 18 and over; and
b) where guest is not a resident of Australia, hold a valid passport and have the right to travel to and enter Australia; and
c) not be an employee or immediate relative of an employee of the Promoter and/or the Promoter’s respective parents, subsidiaries or affiliated companies or any other person professionally connected with this Competition, including without limitation DNSW (as defined above).
The Prize must be taken within twelve (12) months of the closing date, excluding travel on or around public holidays, school holidays and Valentine’s Day (in each of the countries where the Competition is running). The exact dates for travel shall remain subject to availability at the time of booking. Where a Winner is unable to take the Prize within twelve (12) months of the Competition closing date, the Prize will be forfeited and no alternative prizing will be offered.
13. The Winner and the Winner’s guest must hold a valid passport (with at least 6 months validity remaining on the passport within 12 months of the Competition closing date) and any other necessary travel documentation (including, without limitation, visas where necessary to travel to Australia) and travel insurance. The filing and acquisition of all necessary travel documentation required by any governmental body where the Winner and the Winner’s guest reside shall be the responsibility of the Winner and his/her guest. Failure to acquire and produce travel documentation to the satisfaction of the Competition Entities may cause the Winner to forfeit his/her Prize at the Competition Entities’ sole discretion. The Winner and Winners Guest should also be aware of entry requirements into Australia. Please consult www.immig.gov.au and www.dfat.gov.au for more information.
14. For the avoidance of doubt, the Prize does not consist of anything other than expressly set out in Term 12 above and no additional costs are included. Prize Winner and their guest are solely responsible for (at the Winner and guest’s sole cost and expense):
a) obtaining all relevant permissions, consents and releases from any individuals who may be identifiable in or from any Entry Photo;
b) any and all applicable taxes;
c) ensuring he or she is fully able to travel to and enter Australia during the 12 months from the Competition closing date;
d) obtaining any relevant documentation, permissions and/or consents (including, without limitation, valid passports, visas and/or other travel permits) to uptake the Prize;
e) obtaining suitable travel insurance;
f) arranging and paying for all travel arrangements to and from the relevant departure airport; and
g) arranging and paying for all accommodation; and
h) any other costs and expenses other than those expressly identified in Term 12 (including, without limitation, spending money).
15. The value of the Prize may be taxable to the Prize Winner as income. The Prize Winner may need to supply Promoter with his/her social security number or local equivalent for tax purposes. For residents of the United States, an IRS Form 1099 may be issued in the name of the Prize Winner for the actual value of the Prize received. Upon entry into the Competition, the Prize Winner (as well as all other entrants) is required to comply with any and all applicable federal, state, and local laws, rules, and regulations in the country in which they are a resident. All federal, state and local taxes (if any), and any other costs and expenses associated with the Prize not specifically provided for in these Terms, are solely a Prize Winner’s responsibility.
16. Winner and guest may be required to provide a written acknowledgement of acceptance of all the Terms of the Competition, a proof of residency form and a release of liability form, prior to receiving the Prize.
17. Promoter reserves the right to contact any and/or all entrants by a direct message on Instagram throughout the Competition Period in relation to these Terms and the Prize and entrants are advised to regularly check their Instagram accounts for messages.
18. Winner will be notified individually by a direct message to his or her Instagram account as soon as reasonably practicable after the Competition has closed and after they have been selected and requested to promptly contact the Promoter. Winner will be asked to provide their name, age, address (including postcode), telephone contact number, e-mail address, passport number and confirm their country of residence. Promoter may also request such other information as they consider relevant for fulfillment of the Prize.
19. If Winner fails to contact Promoter as requested or fails to provide the information referred to in Term 17 within three (3) days of being contacted by the Promoter, Promoter reserves the right to select an alternative winner who will be selected applying the same criteria as used to select the original Winner.
20. In the event that the Promoter cannot for any reason make contact with a potential Winner within 14 (fourteen) days of first attempting to do so, the Promoter reserves the right to select an alternative potential Winner, who will be selected applying the same criteria as that used to select the original potential Winner.
21. The Promoter reserves the right to select an alternative potential Winner in the event the Promoter has reasonable grounds for believing that the initially selected Winner has contravened any of these Terms. Any alternative potential Winner will be selected applying the same criteria as that used to select the original Winner.
22. By submitting the Entry Photo in accordance with Term 2, all entrants hereby grants to Promoter and DNSW and each of their designees and respective parents, subsidiaries and affiliated companies a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, reproduce, copy, adapt, transmit, broadcast, publish or delete any information or other material including without limitation, the entrant’s Instagram handle, name, entry, Entry Photo, photograph, likeness, biographical information, voice, text, images, designs, audio and/or video clips submitted in entering or any statement made by them concerning the Competition throughout the universe for all purposes (including but not limited to promotional and marketing purposes, and for advertising, publicising and promoting the Competition any and all content and properties relating to the Competition, including without limitation any future, associated or similar competitions, the Winner, Promoter, Promoter(s)’ products, DNSW and/or DNSW’s products) by any means and in any and all media as they, in their discretion, see fit, and to licence others to do the same and without notification or compensation of any kind to any entrant or any third party. For the avoidance of doubt (but without limitation) this will include an entrants and/or Winner’s Instagram handle, name, location, and Entry Photo being broadcast on-air and posted across Promoter’s and DNSW’s social media platforms.
Entrants acknowledges that Promoter may feature each Entry Photo on the Competition Site and/or any website owned and operated by the Promoter and/or DNSW along with such each entrant’s Instagram handle (which may include their name) as well as on other Promoter owned and operated channels and platform(s) and acknowledges that the broad set of rights granted to Promoter in each Entry Photo herein allows Promoter to do so.
The Promoter(s) shall have the right, without limitation, to reproduce, alter, amend, edit, publish, modify, crop, create derivative works of, and use each Entry Photo in any manner, in any and all media, now or hereafter known, including but not limited to, all forms of television distribution, theatrical advertisements, radio, the Internet, newspapers, magazines and billboards. Entrants recognize that other persons, including but not limited to Promoter(s)’ employees, may have submitted to Promoter or to others or made public, or may hereafter originate and submit or make public, similar or identical material which we shall have the right to use, and Entrants understand that Entrant will not be entitled to any compensation because of Promoter(s)’ use of such other similar or identical material.
All entrants hereby irrevocably and unconditionally waive in favour of Competition Entities and their licensees, assigns and successors in title, all moral rights or similar rights in any (a) Submissions and (b) Entry Photos to which he or she is, or may at any time in the future be, entitled.
Entrants acknowledge and agree that they (and/or their Entry Photo) may be required to be used in publicity by the Competition Entities without further consent or payment if they are selected as the Winner. The Promoter will liaise with a Winner if and when such a requirement arises.
23. All entrants hereby undertake that nothing in the Entry Photo:
a) includes any person who is under the age of 18;
b) recognisably includes more than one person and/or includes any person who is not the entrant who has not consented to being included in the Entry Photo;
c) will contravene any and all terms and conditions applicable to the festival that the Entrant has taken the Entry Photo at;
d) is defamatory;
e) is sexually explicit or suggestive, contains nudity or any dangerous activity or is profane, pornographic or violent;
f) is derogatory of any ethnic, racial, gender, religious, professional or age group or endorses any form of hate or hate group;
g) does not contain any symbols, clothing or other messages associated with any gang;
h) promotes any particular political agenda or message;
i) does not contain any third party logos or brand names;
j) has been copied from, infringes or breaches the rights (including, without limitation, any intellectual property rights) of any third party;
k) reveals any personal information, including but not limited to license plate numbers, personal names, email addresses or street addresses;
l) is otherwise offensive or illegal or simulates any activity that is offensive or illegal; or
m) any other content or images that is or could be considered inappropriate, unsuitable, or offensive as determined by the Promoter in its sole discretion.
26. Decisions as to whether an Entry Photo breaches or infringes these Terms in any way shall be made at the sole discretion of Promoter. An Entry Photo that does not comply in all material respects with the Terms shall not be considered.
27. Without limiting Term 25 or any other relevant Term herein, Promoter may request entrants submit any documentation and/or releases from any persons included in any Entry Photo that do not appear to the be the entrant.
28. The Promoter’s decision is final with respect to any aspect of the Competition, including, without limitation, the determination of the Winner. No correspondence will be entered into with regard to any of Promoter’s decisions.
29. The Competition Entities will not accept any responsibility for entries lost, delayed, misdirected, damaged or undelivered. Incomplete, inaudible and/or illegible entries will be disqualified. The Competition Entities shall not be responsible for technical errors in telecommunications networks, Internet access or otherwise preventing entry to the Competition.
30. The Prize is as stated and is non-transferable. No cash alternatives will be offered. If due to circumstances beyond the Competition Entities’ control, the Promoter is unable to provide the stated Prizes or any part of them, the Promoter reserves the right to award substitute prizes of equal or greater value. Prize is subject to the additional terms and conditions of the supplier.
31. None of the Competition Entities shall be held liable for (i) any delay in performing or partial or total failure to perform any of their obligations to Winner and Guest under these Terms if such delay or failure is caused by circumstances beyond the reasonable control of the Competition Entities, including without limitation delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation as a result of war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes or arising without limitation out of or in connection with (a) the activities of third party event organisers; (b) any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars); and/or (c) by third parties providing accommodation included in the Prize. For the avoidance of doubt, the affected winner and/or any guest and shall be solely liable for any additional costs incurred as a result or (ii) from any loss, damage to property, injury, or death resulting from or related to entrant’s participation or inability to participate in this Competition, or the use, misuse or inability to use the Prize or any portion thereof, provided, however, that nothing in these Terms shall limit a particular Competition Entity’s liability for death or personal injury caused by the negligence, deceit or fraud of such Competition Entity.
32. Each provision excluding or limiting liability is to be construed separately and will apply and survive even if for any reason any of the other provisions are held to be inapplicable or unenforceable in any circumstances. Each of the provisions excluding or limiting liability will remain in force notwithstanding any termination of these Terms.
33. These Terms are available on the Competition Site. The names of the Winner and a copy of these Terms can also be obtained by sending a stamped, self-addressed envelope to VIMN Australia Pty Ltd, MTV Trippers Competition, Ground Floor, 4-16 Yurong Street, East Sydney, NSW, 2010, for sixty (60) days after the Competition closes.
34. In order to conduct the Competition, the Promoter may collect personal information, being any information that can be used to personally identify entrants, or information that entrants are reasonably identifiable from, including without limitation, each entrant’s name, age, residential and/or mailing address (including postcode), telephone number, email address, profession, occupation or job title, IP address, nationality and/or passport and/or personal identification information (“Personal Data”).
38. These Terms may be amended or varied at any time by the Promoter on notice. No waiver of any rights by any of the Competition Entities or any entrant will be taken as a waiver of any other rights it/he/she may have. For example, if the Competition Entities waive their right to complain about a particular breach of these Terms by an entrant, it does not prevent the Competition Entities from complaining about other breaches.
39. Instagram shall have no responsibilities in respect of this Competition. The Competition is in no way sponsored, endorsed or administered by, or associated with, Instagram. Entrants hereby release Instagram from all liability arising out of or in connection with the Initiative.
40. These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia and are subject to the non-exclusive jurisdiction of the courts of that State.
41. Any queries regarding the Competition should specify the name of the Competition and be addressed to: VIMN Australia Pty Ltd, Ground Floor, 4-16 Yurong Street, East Sydney, NSW, 2010.