PlayStation® Australia – PlayFest 2014 Competition
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.
4. Information on how to enter and prizes form part of the conditions of entry. Entry into the Competition is deemed acceptance of these terms and conditions.
5. Entry is only open to those selected by the Promoter for the purposes of the Competition. Entry is open to Australian residents only. You may be required to provide documentary proof of your eligibility to enter the Competition. If you are under 18 years old, entrants are required to have a parent or guardian sign a consent form for entry to the competition as provided by the Promoter. If you are unable to provide this proof when requested, the Promoter may disqualify you from the Competition and/or withhold your prize. The Competition 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 Competition.
6. The Competition starts at 12:01 AEST on Wednesday 13th February 2014 and continues until 23:59 AEST on Wednesday 19th March 2014 ("Competition Period"). Failure to enter the Competition during the Competition Period will disqualify your entry.
7. To enter to be eligible to win, Eligible Entrants must complete the following
i. Nominate a club, group or organisation relevant to their own interest who they would like to receive the grant should they win. The club, group or organisation must be mutually agreed by the Eligible Entrant and the Promoter prior to commencement of the Competition
ii. Post at least one original photo or video to one or more of their social media channels (only including Facebook, Twitter, and Instagram) of a location relevant to their selected organisation between 12:01 AEST on Wednesday 12th February 2014 and 23:59 AEST on Wednesday 19th March 2014 ("Entry Period"). Images and videos must include:
a. a PlayStation®Vita
b. a description of the location and why they want it to win the prize
c. the designated hashtag for the Competition of #PlayFest2014
8. Where entrants are restricted by character limits (e.g. Twitter) the initial post need only include point 7.ii.a and 7.ii.c with a subsequent post providing a description of, or link to, the competition mechanic required.
9. Entrants may post as many original images or videos as they please.
10. One (1) winner will be chosen on Friday 21th March before 14.00 AEST. The prize on offer is described below.
11. The winner will be judged on the total number of 'likes' or 'favourites' aggregated across the three designated social media channels with all of their posted content relevant to the Competition based on the designated hashtag. Total score will be calculated based on the total cumulative number of 'likes' or 'favourites' across all three channels as a percentage of their total fans/followers/friends base. Chance plays no part in determining the winner and finalists in this Competition.
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 Competition:
(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 conflict directly with the Promoter for the duration of the Competition.
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, (viii) advertising or other commercial activities, (ix) any competitor products or promotions, 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.
16. The prize on offer for the winning entry is as follows:
a) $3,000 AUD grant to be paid by crossed cheque made out to the organisation nominated by the winner (or EFT if the winner so requests) of the PlayFest 2014 –– and;
b) Five (5) PlayStation Prize Packs each comprising of: one (1) PlayStation® Vita Wi-Fi system ($269.95 RRP per unit) and four (4) PlayStation Vita games($39.95 RRP per unit) per pack to be chosen by the Promoter at their discretion
Total value of the five (5) PlayStation Prize Packs approximately $5148.75 (including GST).
17. The decision of the Promoter is final and no correspondence or discussion will be entered into.
18. The winner will be contacted on the e-mail address provided when entering the Competition 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.
19. The Promoter will bear the cost of dispatching the five (5) PlayStation Prize Packs to the winner or directly to five (5) individuals as nominated by the winner. 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.
20. 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
21. On submission, your entry and all materials created, developed or produced by you in connection with your entry remains your property. The Promoter reserves the right to seek permission to use such content provided with these entries, for public relations and/or marketing purposes, during or post the Competition Period. The Promoter agrees that these images will not be used for advertisements produced by or for the Promoter and its subsidiaries, agents and representatives.
Data Protection and Publicity
22. By entering the Competition 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.
24. 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 Competition.
25. 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.
26. If this Competition 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 Competition, as appropriate.
27. These rules are governed by the laws of the State of New South Wales.