Terms and Conditions for the "Tourism Victoria Les Misérables 2014 Promotion" (Promotion)

  1. These terms and conditions (Terms) apply to the Promotion, and govern the conduct of the Promotion and any participation in the Promotion. Your entry into the Promotion must comply with these Terms and by entering the Promotion, you agree to be bound by these Terms.
  2. Each participant is responsible for ensuring his or her familiarity with these Terms at the time of participation and by participating in the Promotion you acknowledge you have read, understood and agree to these Terms.
  3. The Promoter’s decision not to enforce a specific restriction (whether communicated to a participant or not) does not constitute a waiver of that restriction or of the Terms generally.
  4. The Promoter may rely on these Terms in deciding to disqualify any entry or participant from the Promotion or refuse to issue any prize to a participant if the participant or entry is ineligible, invalid, incomplete or otherwise fails to comply with these Terms, whether before or after the end of the Promotion. The Promoter may rely on these Terms to require the forfeiture or return of any prize or the repayment of the value of any prize awarded to a participant if the Promoter discovers that the participant was in any way ineligible to enter the Promotion or the entry submitted by the Participant was invalid for any reason.
  5. The Promoter is Tourism Victoria (ABN 18 381 772 530) of Level 32, 121 Exhibition Street, Melbourne, Victoria 3000 (Promoter).

    6. PROMOTION PERIOD

  6. The Promotion will be open from 9:30am AEST on Tuesday 10 June 2014 until 5:00pm AEST on Tuesday 24 June 2014 (Promotion Period).
  7. Participation in the Promotion is only open to Australian and New Zealand residents aged 18 years and over, who are contactable between 3.30pm AEST on Thursday 26 June 2014 and 11.59am AEST on Monday 30 June 2014, and who must be natural persons and not a company or organisation, excluding:

    (a) management, employees, directors and contractors of the Promoter, its related entities, firms or companies associated with the Promotion (including suppliers of the Prize and Clemenger BBDO);

    (b) a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph 7(a) of these Terms;

    (Eligible Participants). The persons referred to in paragraph 7(a) of these Terms includes natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Participant in its absolute discretion.

    8. HOW TO PARTICIPATE

  8. Entry into the Promotion is free excluding all costs associated with internet connections and associated equipment, expenses and charges which are the sole responsibility of the participant.
  9. To enter the Promotion, an Eligible Participant must:

    (a) visit http://remotecontroltourist.com/win and follow the links to the Promotion entry page (Online Entry Site); and

    (b) fully complete and submit the online Promotion entry on the Online Entry Site (Online Entry Form), including:

    (i) all details required on the Online Entry Form, including their first name, last name, email address, mobile number, postcode, state or territory of residence, and country of residence; and

    (ii) correctly identifying the names of the venues where the six (6) images of Cosette’s face are located on the Remote Control Tourist website (http://remotecontroltourist.com/) (Website); and

    (iii) indicating their acceptance of these Terms,

    such that the entry is received prior to the end of the Promotion Period (Eligible Entry).

  10. Any entry into the Promotion that is not an Eligible Entry will be invalid and will not be eligible for consideration for the Prize by the Promoter. The Promoter is not responsible for any late, lost, delayed, misdirected, incorrect or incomplete entries, howsoever occurring.
  11. In order to be able to identify where the six (6) images of Cosette’s face are located on the Website and complete their entry in accordance with paragraph 9(b)(ii), Eligible Participants will need to browse the Website content and look for the images of Cosette’s face which have been added to the Website. For example, if an image of Cosette’s face is added to a photo of Federation Square, the participant should identify ‘Federation Square’ as an answer in their entry.
  12. Once an Online Entry Form has been commenced an Eligible Participant must correctly identify the names of the venues where all six (6) images of Cosette’s face are located on the Website and complete their Online Entry Form prior to closing their browser.

    13. VERIFICATION

  13. If requested by the Promoter, the provisional Prize winner must produce, within the time specified by the Promoter in its absolute discretion, satisfactory photo identification or other information or documentation required by the Promoter to verify the Provisional Prize winner’s identity, age, eligibility to enter the Promotion and claim the Prize and compliance with these Terms, (Verification Documents) before the Promoter issues their Prize. If the Verification Documents required by the Promoter are not received or have not been verified to the satisfaction of the Promoter within the time period specified by the Promoter, the provisional winner may be disqualified by the Promoter in its absolute discretion. The Prize will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction.

    14. PRIZE DRAW

  14. A random electronic prize draw will take place at Prime Focus, 403/62 Beach Street, Port Melbourne, VIC, 3207 (Draw Location) by a representative of the Promoter at 3pm AEST on Thursday 26 June 2014 and will comprise all Eligible Entries received during the Promotion Period (Prize Draw).

    For the avoidance of doubt, entries completed and submitted during the Promotion Period which do not correctly identify the names of the venues where the six (6) images of Cosette’s face are located on the Website will not be entered into the Prize Draw.

    The Promoter may draw additional reserve entries in the Prize Draw and record them in order in case an invalid entry or ineligible participant is drawn, or if the Prize is not claimed in accordance these Terms.

  15. Subject to clause 16 of these Terms the first Eligible Participant with an Eligible Entry drawn in the Prize Draw will be awarded the Prize as detailed in paragraph 17.
  16. As the Prize must be taken commencing Thursday 3 July 2014, Eligible Participants must make themselves contactable between 3.30pm AEST on Thursday 26 June 2014 and 11.59am AEST on Monday 30 June 2014.

    The Promoter takes no responsibility for any Eligible Participant who cannot be contacted and verified when required.

    If, for any reason, the first drawn Eligible Participant cannot be contacted and verified by the Promoter when necessary, they will forfeit their claim to the Prize and the next Eligible Entry drawn will win the Prize.

    17. PRIZE

  17. The winning Eligible Participant will be awarded a Les Misérables Opening Night experience in Melbourne for two (2) adults (aged 18 years or older) valued at up to AU$4,736 RRP (including GST) depending on the winner’s place of residence (Prize). The Prize includes:

    (a) Two (2) x return economy airfares from any capital city within Australia or two (2) x return economy airfares from Auckland, Christchurch or Wellington airports in New Zealand, to Melbourne, Victoria;

    (b) Three (3) nights accommodation at the Sofitel Melbourne on Collins, including breakfast each day;

    (c) Return transfers from Melbourne Airport to the accommodation;

    (d) Two (2) tickets to the opening night of Les Misérables in Melbourne on Thursday 3 July 2014 plus access to the after party;

    (e) Two (2) tickets to the 2014 Melbourne Winter Masterpieces - ACMI's DreamWorks Animation: The Exhibition and NGV's Italian Masterpieces from Spain's Royal Court, Museo del Prado; and

    (f) Dinner at Grossi Florentino Upstairs (Five (5) course Gran Tour Menu including wine), valued up to $400 RRP (including GST).

    (g) The Prize must be redeemed during the period from Thursday 3 July 2014 until Sunday 6 July 2014 (Prize Period) inclusive, by the winner of the Promotion and one (1) adult companion nominated by the winner.

  18. The Prize must be redeemed during the period from Thursday 3 July 2014 until Sunday 6 July 2014 (Prize Period) inclusive, by the winner of the Promotion and one (1) adult companion nominated by the winner.
  19. Flights and transfers are not included in the Prize if the Prize winner resides within Victoria. In this instance, the Prize winner and nominated companion must make their own way to and from the accommodation at their own expense to redeem the Prize.
  20. In the event the Prize winner resides in New Zealand, the Prize winner and nominated companion must hold valid passports for travel to Australia on Thursday 3 July 2014.
  21. The travel arrangements referred to in paragraph 17 are subject to availability, including the availability of the nominated seat class.
  22. The Prize cannot be transferred, exchanged (including for any other travel, flights or accommodation at other destinations) or redeemed for cash.
  23. All components of the Prize must be taken together as a single trip as set out in these Terms and as booked by the Promoter. Once booked, no changes to the booking are permitted.
  24. In the event that for any reason the Prize winner does not take an element of the Prize at the time stipulated by the Promoter then that element of the Prize will be forfeited by the Prize winner and no substitute or cash will be supplied in lieu of that element of the Prize.
  25. The Prize winner must hold a valid credit card and present it upon check in at the accommodation establishment to cover any incidental or other hotel charges not covered as part of the Prize.
  26. All costs, expenses and charges associated with or arising in connection with the Prize, which are not expressly incorporated as part of the Prize, are the sole responsibility of the Prize winner and the Promoter accepts no responsibility for such costs, expenses or charges.
  27. The Prize does not (except as expressly stated) include the following:

    (a) any transport between a traveller’s residence and the departure airport (if applicable);

    (b) any overnight accommodation while travelling to the departure airport or destination (if applicable);

    (c) any other travel or accommodation;

    (d) any incidental hotel charges (such as mini-bar charges, telephone calls, in-house movies, food and beverages);

    (e) any insurance (such as travel or health cover), however the Promoter requires the Prize winner and their nominated travelling companion to hold full travel insurance valid for interstate or overseas travel (if applicable) during the Prize Period. Documentary evidence of insurance for all persons travelling must be supplied to the Promoter prior to travel. Should the Prize winner and their travelling companion fail to take out travel insurance, the Promoter will require them to sign a waiver form supplied by the Promoter (or otherwise acceptable to the Promoter) and provide this to the Promoter before travel. The Promoter may withhold any part(s) of the Prize until all documentation required by it has been received;

    (f) any other ancillary costs which may be incurred by those travelling.

  28. Participation in the Prize is subject to such other terms and conditions as may be imposed by those involved in providing the goods or services included in the Prize (Third Party Terms).
  29. The Prize winner and nominated travelling companion participating in the Prize are responsible for compliance with all applicable Third Party Terms and both of them jointly and each of them severally bear all risks associated with failure to comply with any of them. They will be required to maintain an acceptable standard of behavior while a participant in the Prize. The Promoter assumes no liability (and will provide no compensation) to the Prize winner and/or nominated travelling companion who, as a result of any failure to comply with any Third Party Terms:

    (a) is unable to participate in the Prize (or any part of it); or

    (b) suffers any other loss or damage.

  30. The Prize cannot be sold, scalped, auctioned, raffled, pledged, or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If the Prize is obtained through any of these methods, it will not be honoured.
  31. In the event that the Prize or any part of it is or becomes unavailable for any reason beyond the reasonable control of the Promoter, the Promoter reserves the right to substitute any or all of the Prize for another prize which, in the reasonable opinion of the Promoter, is similar to the Prize (or relevant component of the Prize) or of a similar value, subject to any directions given by relevant gaming authorities.

    32. NOTIFICATION OF WINNER

  32. The Prize winner will be notified using the phone number and email address provided in their winning Eligible Entry and their name and postcode will be advertised on http://remotecontroltourist.com/win from 12 noon AEST on Friday 27 June 2014.

    33. UNCLAIMED PRIZE DRAW & NOTIFICATION (IF NECESSARY)

  33. If the Prize is won by an Eligible Participant and they do not claim their Prize by 12 noon AEST on Monday 30 June 2014, a random electronic re-draw will be conducted on that date and time at the Draw Location by a representative of the Promoter from all remaining Eligible Entries received in the Promotion, subject to any directions from the relevant gaming departments (Re-Draw).
  34. The Prize Re-Draw winner (if any) will be notified using the phone number and email address provided in their winning Eligible Entry and their name and postcode will be advertised on http://remotecontroltourist.com/win from 12 noon AEST on Tuesday 1 July 2014.

    35. GENERAL

  35. The total value of the Prize is up to AU$4,736 RRP (including GST).
  36. Limit of one (1) entry per household during the Promotion.
  37. Prize documentation will be emailed to the email address as confirmed by the Prize winner.
  38. The Promoter accepts no responsibility for any variation in the value of the Prize from the time of printing Promotion materials.
  39. The Promoter does not warrant that the website, Online Entry Form and Online Entry Site (“Entry Mechanism”) will be available at all times during the Promotion Period.
  40. If, for any reason, the Promotion is not capable of being run as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, subject to relevant regulations, including cancelling, terminating, modifying or suspending the Promotion.
  41. Any Participant who, in the opinion of the Promoter, tampers or interferes with the Entry Mechanism or any part of it in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to win.
  42. To the fullest extent permitted by law, the Promoter and the State of Victoria, its agents, employees and contractors (Released Parties) will not be liable for any loss, damage, injury, suit, action, proceeding, demand, claim, cost or expense suffered or incurred by any person (including any participant in the Promotion or Prize winner) (Liability) arising from or in connection with:

    (a) the entry into the Promotion by any person; or

    (b) the acceptance, receipt, use or redemption of the Prize or part thereof, or the non-receipt or failure to redeem any prize or part thereof;

    and you (as a participant in the Promotion) hereby release and forever discharge the Released Parties from such Liability.

  43. The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of the Prize.
  44. The Prize winner must, at the Promoter's request, participate in any Promotion activity (such as publicity and photography) relating to the winning of the Prize, free of charge, and they consent to the Promoter using their name and image in any future promotional material.
  45. CAUTION: Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law.

    46. PERSONAL INFORMATION

  46. Immediately upon submission by a Participant all entries become the sole property of the Promoter.
  47. The Promoter is bound by the Information Privacy Act 2000 as amended.
  48. Unless otherwise agreed, the Promoter collects the personal information of each participant in the Promotion only for the purpose of administering the Promotion and contacting the winner, and for this purpose only may use and disclose the personal information to third party contractors and agents.
  49. Participants can request access to update or correct their Personal Information held by the Promoter. Should a Participant's contact details change during the Promotion Period, it is the Participant’s responsibility to notify the Promoter by using the email function on the Online Entry Site.
  50. Participants can view the Promoter’s privacy policy at http://remotecontroltourist.com/privacy.html

Authorised under Permit Numbers – NSW LTPS/14/04175 & ACT TP 14/01868.