PlayStation® Australia - Killzone™: Mercenary Ultimate Recruit Promotion (the "Promotion") - Terms and Conditions

1.  The Promoter is Sony Computer Entertainment Australia Pty Limited (ABN 80 077 583 183) of 63-73 Ann Street, Surry Hills, NSW 2010 ("Promoter").

2.  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.

3.  All references to dollars or "$" are referenced to Australian dollars.

Entrants

4.  Information on how to enter and prizes form part of the conditions of entry.  Entry into the Promotion is deemed acceptance of these terms and conditions.

5.  Entry is open to Australian residents aged 18 years or older only and who can take the prize on the required dates ("Eligible Entrants").  You may be required to provide documentary proof of your eligibility to enter a Promotion.  If you are unable to provide this proof when requested, the Promoter may disqualify you from the Promotion and/or withhold your prize.  The Promotion is not open to employees of Sony Computer Entertainment companies, their agents, contractors, consultants, their families (including de facto spouses) or to other persons assisting with the Promotion. 

Entry

6.  The Promotion starts at 12:01 AEST on Monday 5th August 2013 and continues until 23:59 AEST on Friday 16th August 2013 ("Promotion Period"). Failure to enter a promotion during the Promotion Period will disqualify your entry.

7.  To enter to be eligible to win, Eligible Entrants must complete the required fields on the Killzone® Mercenary competition page located at http://competitions.au.playstation.com/getthejobdone  (including a full description of their Ultimate Recruit Contract) and select 'Submit' during the Promotion Period. Eligible Entrants acknowledge that if they win they'll be required, to the best of their ability, act out their Ultimate Recruitment Contract, and accordingly should only submit details or activities that: (a) they are willing to undertake; (b) can be performed in accordance with all laws, and without risk of injury or death to themselves or any other person; and (c) can be performed within the Promoter's budget of $2500. 

8.  The winner must be available to carry out the Ultimate Recruit Contract and the Ultimate Recruit Experience described below between 23rd and 29th August 2013.

9. Only one entry per person will be accepted.

10.  Five (5) finalists will be chosen on Monday 19th August 2013 before 14.00 AEST.  The names of all five (5) finalists will be posted on the PlayStation Australia Facebook page the same day.  One (1) winner will be chosen from the five (5) finalists on Tuesday 20th August 2013 before 18.00 AEST ("Winner Selection Date").  The prize on offer is described below. 

11.  The winner and finalists will be judged on knowledge, insight and creativity of response and the feasibility of the activities proposed to be performed under the Ultimate Recruit Contract, in accordance with these terms and conditions. Chance plays no part in determining the winner and finalists in this Promotion.

12.  The Promoter does not accept responsibility for any entries which are lost, damaged or delayed as a result of any postal failure, network, computer hardware or software failure of any kind.  Proof of sending will not be accepted as proof of receipt.  No entries from agents, third parties, organized groups or entries automatically generated by computer will be accepted.

13. For purpose of this promotion:

(i) You confirm that your entry is all your own original work and that any materials or information used by you in creating your entry do not and will not infringe the intellectual property, moral or other rights of any third party.
(ii) You confirm that you have not entered into any agreements with third parties that could impair the Promoter's rights to use your entry or any recordings of you if you are a winner in any advertising.

14. Your entry must not contain any (i) pornography, nudity, or sexually explicit imagery, (ii) abusive, offensive or hateful imagery or language, (iii) harassing or defamatory content, (iv) content that compromises the privacy or safety of yourself or others (v) content that demeans a particular gender, sexual orientation, disability, religion, ethnicity or nationality, (vi) violent or dangerous behaviour or specify any proposed activities of violent or dangerous behaviour, and/or (vii) spam, advertising or other commercial activities, or any other type of content that is indecent, immoral, discriminatory, offensive, or portrays or encourages illegal activities. Any entry that contains such material will be disqualified.

15.  Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry process in any way, or who does not properly comply with the entry process, will be ineligible to win.

Prize

16.  The prize on offer for the winning entry is as follows:

a) $10,000 AUD to be paid by crossed cheque made out to the winner (or EFT if the winner so requests) on successful completion of the Ultimate Recruit Contract, as reasonably determined by the Promoter; and
b) An Ultimate Recruit Experience to include:

i.    One (1) x Return economy class air fare (inclusive of tax) for the winner from the winner's nearest Australian Capital City to Sydney (if the winner's nearest capital city  is not Sydney );
ii.    Minimum two (2) nights' accommodation in Twin Share at a four (4) Star Hotel in Sydney (inclusive of breakfast).  Hotel to be selected at the discretion of the Promoter;
iii.    Fulfilment of approved activities included as part of the winner's Ultimate Recruit Contract;
iv.    Transfers to and from the airport and hotel for arrival and departure; and
v.    One (1) x PlayStation® Vita Wi-Fi system ($349.95 RRP) and 1 x Killzone™: Mercenary game.

Total value of the prize pool for the winner is up to approximately $12,000 (including GST), depending on point of departure.

17.  As part of performing the winner's Ultimate Recruit Contract, the winner and the Promoter will consult on how the winner will perform the activities, and any activities will be subject to the Promoter's final assessment of their feasibility and approval. The Promoter may not approve any proposed activities, in its absolute discretion, including but not limited to: (a) if in the Promoter's opinion it presents danger to the winner or any other person; (b) it cannot be performed due to legal or time restrictions; (c) the cost to perform the activities is not within the Promoter's budget of $2500; or (d) otherwise deemed unfeasible by the Promoter. The Promoter may, in its absolute discretion, request modification or cancellation of any of the winner's activities at any stage, including as a result of adverse weather, or any other reason that may make them dangerous to perform, or as a result of the winner obtaining an injury or becoming sick or unwell.

18. It is a condition of accepting the prize that the winner signs a legal release, indemnity and an assignment of copyright, in a form determined by the Promoter. The winner's activities may involve risks of injury, some of which could be obvious and others that may not be obvious. The winner acknowledges that they participate at their own risk. The winner warrants that they: (a) do not have any heart condition or history thereof, or other medical conditions (including without limitation abnormal blood pressure, pre-existing injury, pregnancy) or physical disability that would make it dangerous or unable to perform under their Ultimate Recruit Contract, including the approved activities; (b) will not be under the influence of drugs or alcohol while performing any of the approved activities; (c) will comply with all directions and instructions of the Promoter and organisers at all times; and (d) will not disparage or otherwise bring the Promoter, this promotion or its products and services into disrepute. In accordance with clause 25, the winner agrees that they may be filmed, photographed or otherwise recorded during performing their Ultimate Recruit Contract, and these recordings may used in any media on an indefinite basis for no further compensation.

19. The decision of the judges is final and no correspondence or discussion will be entered into. The Promoter reserves the right to withhold prizes in the event that it receives an insufficient number of entries or entries of insufficient quality.

20.  If you win the prize you will be contacted on the e-mail address you provided when entering the Promotion on the Winner Selection Date.  If you do not reply to the e-mail within 48 hours days, 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.  Subject to receiving a reply in time, the final winner will be announced on the PlayStation Australia Facebook page, Twitter and au.playstation.com on 23rd August 2013.

21.   The Promoter will bear the cost of dispatching the prize to you, but all other costs associated with the acceptance and use of the prize (including but not limited to any applicable tax, insurance, spending money, meals or other personal expenses, as the case may be) are the responsibility of the winner.

22. The prize must be taken as stated.  The prize is not transferable, divisible or exchangeable and no cash alternatives will be offered.  The prize may not be re-sold and are subject to availability. The Promoter reserves the right to substitute any prize with a prize of equal or greater value.

Ownership and use of entries

23. On submission, your entry and all materials created, developed or produced by you in connection with your entry shall become the property of the Promoter. You hereby assign to the Promoter all intellectual property rights (including future rights) in your entry and otherwise arising in connection with your entry. You also waive all moral rights in relation to your entry to which you may now or at any future time be entitled under the Copyright Act 1968 as amended from time to time and under all similar legislation from time to time in force anywhere in the world. You agree to take all such action and sign all such documentation as may be necessary to give effect to this section 21.

24. The Promoter does not guarantee to use or otherwise make available your entry.

Data Protection and Publicity

25. The winner agrees to participate in any publicity or other such promotional activities which the Promoter may reasonably require in connection with the prize promotion and the Promoter shall have the right to use each winner's name, likeness, image, voice and biographical information for advertising and promotional purposes in connection with the prize promotion in all media without further notice and without the need to make any payment to such a winner. This will include the making and distribution of a video based on the Ultimate Recruit Experience.

26. By entering the Promotion entrants understand and agree that the Promoter (and its affiliates and companies that work for the Promoter) may use and disclose the information provided by them by entering the information into a database for future promotional, marketing or publicity purposes, subject to any applicable privacy laws. 

27. Personal information which you provide when you enter will be held and used only by the Promoter, its group companies, and its suppliers and contractors to administer the promotion and otherwise in accordance with the Promoter's Privacy Policy, these terms and conditions and as expressly agreed by you. For more information please refer to our Privacy Policy (http://au.playstation.com/privacy-policy), including information on how to access, update or correct any personal information.

General

28.  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 State and Territories of Australia, where it is illegal to do so ("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.

29. 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 application 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) if any of the activities to performed by the winner is cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) the prize, including performing any of the activities as part of the Ultimate Recruit Contract.

30. 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.

31.  These rules are governed by the laws of the State of New South Wales.

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