Sydney Thunder Promotion Terms and Conditions: Ring sponsorship content 2019/2020
1. This competition (here in after the “Competition”) is run by NEW SOUTH WALES CRICKET ASSOCIATION (ABN 27 000 011 987), of 6 Herb Elliott Ave, Sydney Olympic Park NSW 2127 ("Sydney Thunder").
2. By entering this Competition, you agree to these terms and conditions which will be binding between you and Sydney Thunder. Your participation in the Competition is in consideration for Sydney Thunder allowing you to enter it and giving you the opportunity to win.
3. No purchase is necessary in order to enter the Competition. There is no fee charged to enter into this Competition other than the cost of you accessing the Internet which you would otherwise have. Costs of accessing the internet vary and depend on your Internet service provider and plan.
4. You must be aged 15 years or over and a resident of Australia to be eligible to enter. Employees of Sydney Thunder and their immediate families, any business partner associated with the running of this Competition or any of their group companies are not eligible to enter or participate. 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.
5. The Competition commences on Sunday 29 December, 2019 at 10:00am AEST and concludes on Wednesday 5 February, 2020 at 11:59pm AEST (“Competition Period”).
(a) Entrants may submit one (1) entry on each promotional post across the promotion period which is seven (7) days per promotional post. Any entries submitted outside of the Promotional Period will be deemed invalid and ineligible to enter the Competition.
6. In order to enter the Competition, entrants must complete the following steps during the Competition Period:
(a) Entrants must locate the specific posts within each specific promotional period (which will appear on both the Facebook and Instagram feed).
(b) Entrants will post their entry via photograph or respond to either of the following statements: “We'd like to know your best ‘ball over the fence’ story for a chance to win a signed BBL bat or a couple of General Admission tickets to a Thunder game of your choice!” or “Along with our home security partner, Ring, we want to hear about your best backyard cricket moment. (Did you hit a six into the neighbour’s pool four houses away or full toss your hard ball through the kitchen window?) in 25 words or less.
7. Each entrant warrants to Sydney Thunder that each comment and any other contents submitted in their entry is an original creative work of the entrant that does not infringe the rights of any third party. Entries that contain prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions will not be eligible to win.
8. There will be a total of four (4) major prize winners and seventeen (17) runner up prize winners during the Promotional Period (as per clause 5). The nominated major winner will receive:
(a) Prize pool 1, 29/12/19 (Facebook only) 1x BBL signed bat (major prize), 6x 2 GA tickets (game to be advised by the winner).
(b) Prize pool 1, 16/01/20 (Facebook) 1x WBBL signed jersey (major prize), 6x 2 GA tickets (game to be advised by the winner).
(c) Prize pool 1, 16/01/20 (Instagram) 1x BBL signed jersey (major prize), 5x 2 GA tickets (game to be advised by the winner).
(d) Prize pool 2, 30/01/20 (Facebook) 1x BBL signed jersey (major prize).
(e) Prize pool 2, 30/01/20 (Instagram) Ring Video Doorbell 2 and Floodlight cam, valued at $708.00 AUD.
9. Any images used to promote the Prize are for information only. There is no cash alternative instead of the Prize. The Prize is not transferable or exchangeable.
10. The winner of the Prize will be selected by a panel of representatives from Ring (“Panel”). At the end of the Promotional Period, the Panel will select a Winner from the entries received during the Promotional Period in accordance with clause 5. The winner will be the entry determined by the Panel to be the best, based on the creativity of the answer provided to the question in clause 6(b). The Panel’s decision is final and binding and no correspondence will be entered into. The winner will be messaged through Facebook or Instagram messenger seven (days) after each promotional post ends. Every reasonable effort will be made to contact the Winner via Facebook and Instagram. If a winner does not respond to Sydney Thunder as instructed in their notification message within a week of the date from which they were notified, the Prize will revert to Sydney Thunder and may be awarded to the next best eligible entrant who satisfies the Competition requirements.
12. Except as otherwise required by applicable law, Sydney Thunder is not responsible for any loss or damage associated with an entrant entering into this Competition, the conduct of the Competition or the provision or otherwise of any aspect of any Prize or any act or omission of any other person or party, and all warranties, conditions and representations (of any kind) not expressly set out in these terms and conditions are hereby excluded.
13. Subject to any applicable laws, Sydney Thunder may terminate these terms and conditions, the Competition or any Prize if an entrant does not comply with any of these terms and conditions or are unlikely to do so, if Sydney Thunder decides in its absolute discretion to withdraw the Competition before any winners are notified, or thereafter if any circumstances beyond Sydney Thunder’s reasonable control prevent or restrict Sydney Thunder or any other person or party from providing the Prize or any aspect of the Prize.
14. An entrant may not assign or transfer their rights or obligations, or subcontract their obligations, under these terms and conditions, such as giving a Prize to anyone else, without Sydney Thunder’s prior written consent. Sydney Thunder may assign or transfer its rights or obligations, or subcontract its obligations, under these terms and conditions without an entrant’s consent.
15. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and the other provisions of the terms and conditions will remain in full force and effect.
16. These terms and conditions and all matters arising from or in connection with them are governed by the laws of New South Wales, Australia and the New South Wales courts will have exclusive jurisdiction in the event of any such dispute.
18. 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 Sydney Thunder, including but not limited to technical difficulties, unauthorised intervention or fraud, Sydney Thunder 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.
19. Incomplete or indecipherable entries and entries that do not comply in full with these Terms and Conditions will be disqualified.
20. Sydney Thunder 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 Sydney Thunder 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 Competition. Errors and omissions may be accepted at Sydney Thunder’s discretion. Failure by Sydney Thunder to enforce any of its rights at any stage does not constitute a waiver of those rights. Sydney Thunder’s legal rights to recover damages or other compensation from such an offender are reserved.
21. If there is a dispute as to the identity of an entrant, Sydney Thunder reserves the right, in its sole discretion, to determine the identity of the entrant.
22. Sydney Thunder reserves the right to substitute the Prize (or any part thereof) for a prize or prizes of equivalent or greater monetary value if this is necessary for reasons beyond its reasonable control. If a winner does not claim a Prize by the time specified by Sydney Thunder, the Prize will be forfeited.
23. Any cost associated with accessing Facebook is the entrant’s responsibility and is dependent on the Internet service provider used.
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 States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Sydney Thunder (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, Sydney Thunder (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 Sydney Thunder’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 Sydney Thunder) due to any reason beyond the reasonable control of Sydney Thunder; (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 (g) taking/use of and/or participation in a Prize.
26. Entrants agree that they are fully responsible for any materials they submit via the Competition including but not limited to responses to the promotional question (“Content”). Sydney Thunder shall not be liable in any way for such Content to the full extent permitted by law. Sydney Thunder may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
(a) They will not submit any Content that is unlawful or fraudulent, or that Sydney Thunder may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
(b) Their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) They will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) The Content is the original work of the entrant that does not infringe the rights of any third party;
(e) They consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) They will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify Sydney Thunder for any breach of the above terms.
27. As a condition of entering this Competition, each entrant licenses and grants Sydney Thunder, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restrictions on use, attribution or liability.
28. Entrants consent to Sydney Thunder using their name, likeness, image and/or voice in the event they are a winner (including photographs, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by Sydney Thunder.