1. Information on how to enter and prizes form part of these Terms & Conditions ("Terms"). By entering or participating in the "Batman: Arkham Knight" competition ("Competition"), you accept and agree to be legally bound by these Terms. Entries must comply with these Terms to be valid.
2. The "Promoter" is Sony Computer Entertainment Australia Pty Limited (ABN 80 077 585 183) of 63–73 Ann Street, Surry Hills NSW 2010. "Entrants" include Eligible Entrants, Winners as well as any other individuals who enter and participate in this Competition.
3. All references to times and dates are to times and dates in Sydney, which may be Australian Eastern Standard Time ("AEST") or Australian Eastern Daylight Time ("AEDT") depending on the date. All references to dollars or "$" are references to Australian dollars, inclusive of GST.
4. The Competition is open to persons aged 15 years or over who are residents of Australia except:
a. employees, agents, contractors or consultants of the Promoter or the Promoter's associated companies; and
b. anyone else professionally connected with the Competition,
and any Immediate Family of those individuals ("Eligible Entrants"). "Immediate Family" means 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 first cousin.
5. The Competition is open for entries on Friday July 10th 2015 at 12:00 AEDT ("Opening Date") and closes on Sunday July 19th 2015 at 23:59 AEDT ("Closing Date"). The period from the Opening Date to and including the Closing Date shall be referred to as the "Competition Period". Entries must be received by the Promoter before the Closing Date. Entries are deemed to be received at the time of receipt by the Promoter, not at the time of submitting by the Entrant.
6. The Competition is free to enter and no purchase of any kind is necessary.
7. To enter the Competition, Eligible Entrants must complete the following steps during the Competition Period:
a) submit a photo or video to Twitter ("Twitter"), Instagram ("Instagram") or Facebook ("Facebook") using the hashtag #BeTheBatmanAU;
b) Entrants must ensure their Twitter ("Twitter"), Instagram ("Instagram") or Facebook ("Facebook") profile is public to ensure entry.
8. Each Eligible Entrant may only submit one entry and will only be eligible to win one Prize (as defined below)].
9. Entries must not contain any:
a) pornography, nudity, or sexually explicit imagery;
b) abusive, offensive, indecent, immoral or hateful content;
c) harassing or defamatory content;
d) content that compromises the privacy or safety of yourself or others;
e) content that demeans a particular gender, sexual orientation, disability, religion, ethnicity or nationality;
f) violent or dangerous behaviour;
g) spam, advertising or other commercial activities; and/or
h) any other type of content that is unlawful or illegal, or portrays or encourages unlawful or illegal conduct or activities.
10. Each Entrant hereby grants to the Promoter a worldwide, non-exclusive, royalty-free and perpetual licence to use entries for the purposes of promoting the Competition and any products manufactured, distributed and/or supplied or services provided by the Promoter, and for any other purposes related to the Competition, across all media including any online platforms under the Promoter's control. Each Entrant agrees that the Promoter may grant sub-licences of such rights. In respect of his or her entry, each Entrant hereby irrevocably and unconditionally consents as the author, to the fullest extent permitted by law (either present or future), to the Promoter, its licensees, contractors, assignees and successors and their licensees, and any other person authorised by any of them:
a. using, disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating or transmitting the entry or any adaptation of it (or any part of the entry or such adaptation) anywhere in the world:
i. in whatever form and in whatever circumstances the Promoter and any of those persons think fit, including distorting, adding to, altering, mutilating or destroying the entry;
ii. without making any identification of the Entrant as the author in relation to the entry; and
b. doing anything or omitting to do anything in relation to the entry or any adaptation of it (or any part of the entry or such adaptation) that would otherwise infringe the moral rights of the Entrant, or any similar non-assignable, personal rights that the Entrant might have.
11. All entries must be completely original so as not to breach any third party rights, including copyright, moral rights (and any other similar, non-assignable rights) and any other form of intellectual property. Each Entrant promises that:
a. his or her entry does not infringe any such third party rights;
b. he or she is entitled to grant the licence and provide the consent in clause 12 above;
c. he or she has not entered into any agreements with third parties that could impair the use of the entry by the Promoter;
d. any individual whose image has been used in the entry has given consent for the use of that image, and has waived any rights that he or she has in the images, videos or other media submitted; and
e. if any individual whose image has been used in the entry is under the age of 18, the Entrant has obtained the consent of a parent or legal guardian of that individual for the use of the image.
12. Each Entrant agrees to fully reimburse the Promoter for any costs, loss, damage, liability and expense that the Promoter may incur or sustain caused by, or arising out of, any breach by the Entrant of clauses 10 or 12 above and any claims by any third party arising out of such breach.
13. There will be one (1) major winners (a "Winner") and six (6) tier two winners and ten (10) tier three winners. The Competition is a game of skill, and chance plays no part in determining the Winners. All entries will be judged individually based on their merits and originality of response. The decision of the judge is final, and no correspondence or discussion will be entered into.
14. The Winners will be selected by an independent judge, who shall not be permitted to enter the Competition themselves.
15. The winners of the competition will be contacted via reply by PlayStation Australia. If you do not respond within three (3) days of being contacted, the Promoter reserves the right to offer the prize to the next entrant whose entry meets the judging criteria or to reoffer the prize in any future promotion.
16. In order to claim their Prize (as defined below), the Winner must respond to the Promoter's reply as instructed in that reply and within 3 days from the date of the Promoter's notification reply, and provide their full name and email address. If the Winner does not claim his or her Prize in accordance with this clause, he or she will be taken to have forfeited his or her right to the Prize. In the event that a Prize is forfeited or otherwise unclaimed, the Promoter may offer the Prize to the Eligible Entrant whose entry is the next best according to the judging criteria, or otherwise dispose of the Prize as it sees fit.
17. The Major Winner will win:
1 x Limited Edition PlayStation 4 Batman: Arkham Knight Steel Grey Console – RRP AU$569.00
1 x Batman Arkham Knight Limited Edition for PS4 – RRP AU$169.95
There are six (6) tier two winner prizes of:
1 x Batman Arkham Knight Limited Edition for PS4 – RRP AU$169.95
1 x Batman Arkham Knight T-Shirt – RRP AU$29.95
There are ten (10) runner-up prizes of:
1 x Batman Arkham Knight Special Edition game for PS4 – RRP AU$109.95
1 x Batman Arkham Knight T-Shirt – RRP AU$29.95
Total RRP value of prize pool is $3,337.35.
18. The Promoter will use reasonable endeavors to send by registered post, the Winner Prize to each Winner within one week of receiving each Winner's details.
19. In these terms, "Prize" shall mean a Winner Prize.
20. Prizes must be taken as stated and may not be deferred. Prizes are not divisible, transferable, exchangeable or redeemable for cash. No Prizes can be resold (at a premium or otherwise), advertised or offered for resale on the Internet or any other medium. Stated Prize values are correct at the time of printing. There will be no cash alternatives; however, to the fullest extent permitted by law, the Promoter reserves the right to substitute any Prize with a prize of a similar value.
21. To the fullest extent permitted by law, the Promoter does not accept any responsibility whatsoever for any entries that are lost, damaged or delayed as a result of any postal, network, computer hardware, software or technical failure or malfunction of any kind. Proof of sending will not be accepted as proof of receipt. No applications from agents, third parties, organised groups or applications automatically generated by computer will be accepted.
22. In the event of a dispute, the Promoter's decision is final and no correspondence or discussion will be entered into.
23. To the extent permitted by law, the Promoter (including its officers, employees and agents) will not be responsible for any acts of god, acts of terrorism or war (declared or undeclared), state of emergency, disaster, technical failures, security breaches, tampering, unauthorised intervention, fraud, computer viruses or other events beyond the Promoter's control which affect the proper or reasonably anticipated conduct or administration of this Competition, or prevent the awarding of a Prize in accordance with these Terms. If such an event occurs, the Promoter reserves the right to cancel, terminate, modify or suspend the Competition.
24. Nothing in these Terms limits, excludes or modifies the statutory consumer guarantees provided under the Competition and Consumer Act 2010 (Cth), or any other implied warranties under any legislation in Australia. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including for negligence), for any personal injury or any loss or damage (whether direct, indirect, special or consequential) arising in any way out of the Competition, including but not limited to where such injury, loss or damage arises 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 lost, altered, damaged or misdirected 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 an Entrant; (f) participation in the Competition or any component of a Prize by an Entrant; (g) the conduct, act or omission of Twitter and Facebook; or (h) cancellation or postponement of any portion of the Prize for any reason beyond the reasonable control of the Promoter.
25. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event that they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting the Competition (including any outcome) and/or promoting any products manufactured, distributed and/or supplied or services provided by the Promoter. The Winner agrees to take part in any reasonable publicity required by the Promoter.
26. The Promoter may, in its sole discretion, disqualify an Entrant, refuse to process his or her entry or refuse to award him or her a Prize if it has any reason to believe that the Entrant has breached any of these Terms, provided any incorrect, illegible, fraudulent or other invalid or improper information, tampered or interfered with the entry or judging process in any way or used multiple accounts to enter. The Promoter reserves the right to request verification of age, identity, residential address and any other information from any Entrant relevant to entry into or participation in the Competition.
27. Each Winner may be required to pay tax on any Prize won and will be responsible for any related tax liability.
28. The Promoter takes no responsibility should a person not have the software, hardware or mobile plan that permits access to, and use of, any website or telephone number associated with this Competition. Any costs associated with accessing the Internet, downloading data on a mobile device or using any device for the purpose of entering or participating in this Competition are the sole responsibility of the Entrant and is dependent on the Internet/mobile service provider used.
30. These Terms are governed by the laws of New South Wales. In relation to these Terms and related non-contractual matters, the Promoter and each Entrant party irrevocably submits to the non-exclusive jurisdiction of courts with jurisdiction there.
The Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook. To the extent that your content or information is collected as part of this Competition, the Promoter (and not Facebook) is collecting it in accordance with these Terms (see clause 34 above). Each Entrant agrees that, to the extent permitted by applicable law, Facebook shall not have any liability in relation to the Competition. Entrants must comply with the Facebook Terms and Policies and any similar rules, guidelines or policies published by Facebook from time to time.
Entrants must not create multiple Twitter accounts or post duplicate or near-duplicate tweets for the purpose of participating in this Competition. Such conduct may breach the Twitter Rules (available at https://support.twitter.com/articles/18311-the-twitter-rules#). En Entrant who does so may have his or her Twitter account suspended or be subject to other disciplinary action by Twitter. Entrants must comply with the Twitter Rules and any similar rules, guidelines or policies published by Twitter from time to time.