TERMS AND CONDITIONS
1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The Promoter is Pedestrian Group Pty Limited ABN 60 112 839 568 of Level 5, 60-64 Reservoir Street, Surry Hills NSW 2010. Telephone: 02 9690 1180.
3. Entry is open to Australian residents aged 13 years or over. 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.
4. Promotion commences at 11:00 hours on 1312/2017 and final entries close 24:00 hours 3/01/2018 (“Promotional Period”). All times and dates are times and dates in Sydney, NSW, which may be AEST or AEDT depending on the date.
5. To be eligible to enter, individuals must undertake the following steps prior to the end of the Promotional Period:
● Must visit the Pez Facebook page, either directly for via the Pedestrian.TV Facebook page
● Follow the prompts to submit a 25 words or less answer specific to the daily Facebook tile and prize;
● By entering you agree to the Terms and Conditions provided in the Bitly link; and
● If you are notified to email your details to firstname.lastname@example.org to redeem the prize, please action within 4 weeks
It is not mandatory for the entrant to follow the Pez Facebook page, as per Facebook promotion legalities.
6. Judging Criteria:
a) Originality and creativity of answer
b) This Competition is a game of skill and chance plays no part in determining the Winner.
7. To be eligible to win a prize in this Competition, an Entry must not:
a) Be incomplete or illegible; or
b) Be unlawful, defamatory, libelous, abusive, insulting, threatening, obscene, inflammatory, offensive, pornographic, harassing, hateful, racially or ethnically offensive or otherwise contain content which, in the Promoter’s sole discretion, is inappropriate or objectionable;
c) Is capable of encouraging conduct that would be considered a criminal offence, is capable of violating any law and/or is capable of giving rise to civil liability.
8. The Promoter reserves the right to verify the validity of an Entry and to disqualify an Entrant for tampering with the entry process or for submitting an Entry that does not, in the Promoter’s sole discretion, comply with these Terms and Conditions.
9. An Entrant’s image (the “Entry Material”) must be his or her original work and must not infringe the copyright, moral rights, trademark and is not copied in any manner from any other work or works.
10. By submitting their Entry Material, entrants hereby grant the Promoter an irrevocable, non-exclusive, worldwide, royalty-free, sub- licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the Entry Material for the purposes of conducting and promoting this Competition, awarding the prize and advertising and marketing the Promoter or the Competition on all media now known or later devised, in perpetuity.
11. By entering the Competition, Entrants consent to any use of their Entry Material by the Promoter which may otherwise infringe an Entrant’s moral rights in the Entry Material, including
a) exercising any of the rights in the Entry Material without identifying the Entrant; and
b) using the Entry Material in any way that the Promoter sees fit, even if it results in derogatory treatment of the Entry Material (as defined in the Copyright Act 1968 (Cth)).
12. Each Entrant warrants that:
a) he/she has the full power and capacity to grant the rights, warranties and consents set out in these Terms and Conditions;
b) he/she will fully indemnify the Promoter against any loss or damage by the Promoter:
(i) in the event that any of the warranties given by the Entrant are false;
(ii) as a result of any breach of these Terms and Conditions by the entrant; and
c) they have consent from the owners of any property or from any person appearing in the Entry Material (or if a person appearing in the Entry Material is under the age of 18, from that person’s parent or guardian).
13. Except for the Entry Material, all Entries become the property of the Promoter.
14. 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.
15. Entries must be received during the Promotional Period. Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Incomplete or indecipherable entries will be deemed invalid.
16. 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.
17. The competition will be judged by the Promoter and will take place at Pedestrian Group Pty Ltd, Level 5, 60-64 Reservoir Street, Surry Hills, NSW, 2010 on 12/12/17 at 11.00am AEST. The Promoter will use the judging criteria to choose the winner. The winner will be notified in writing within two (2) business days of being selected as the winner and their name will be announced online at www.pedestrian.tv from 21/12/2017.
18. The Promoter’s decision is final and no correspondence will be entered into.
12 prizes will be drawn to the following maximum values per date:
DEC 13 2017 = 1 x X-BOX
DEC 14 2017 = 1 x $500 Footlocker Gift Card
DEC 15 2017 = 1 x “Year’s Worth of Local Supply Sunglasses”. $1,079.40 value
DEC 16 2017 = 1 x $800 Maybelline x Gigi Hadid cosmetics pack
DEC 17 2017 = 1 x $1000 Hurley Prize Pack
DEC 18 2017 = 1 x $800 pack worth of BOSE products
DEC 19 2017 = 1 x $1000 General Pants Voucher
DEC 20 2017 = 1 x $800 pack worth of GHD tools
DEC 21 2017 = 1 x 6x renewals of amaysim phone plan with a Samsung Galaxy S8 handset
DEC 22 2017 = 1 x $1,200 G-Shock Giveaway, including 5x G-Shock watches
DEC 23 2017 = 1 x $1000 Puma Gift Card
DEC 24 2017 = 1 x $2000 SunnyLife gift pack
The prizes will be awarded by mail by Pedestrian.TV to the winner’s elected address, on a date to be advised by the Promoter. Prizes to be sent via Australia Post, the tracking and complete delivery of each package being the sole responsibility of Australia Post.
Anything not specified in these terms and conditions as being included in the prize package is excluded.
20. Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize by the time stipulated by the Promoter, then the prize will be forfeited and the Promoter is not obliged to offer a substitute or compensation.
21. Total maximum prize pool value is $10,000 across 12 individual prizes. The prizes, or any unused portion of the prizes, are not transferable or exchangeable.
22. A draw for the prizes, if unclaimed, may take place on 05/02/2018 at the same time and place as the original draw, subject to any directions from a regulatory authority.
23. Entrants consent to the Promoter using their name, likeness, image and/or voice (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.
24. 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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
25. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
26. 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.
27. 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) use of the prize.
28. As a condition of accepting the prize, the winner 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.