PROMOTION TERMS AND CONDITIONS
Information on how to enter the Promotion and the Prizes form part of these Terms and Conditions. Entries not made in accordance with these Terms and Conditions may be disqualified. Participation in this Promotion is deemed acceptance of these Terms and Conditions. Capitalised terms have the meanings given in these Terms and Conditions unless otherwise provided or the context otherwise requires.
Section 1: Promotion
- Promotion: Complete Opera Australia’s Customer Experience and Brand Survey, via a targeted email sent by email@example.com, or at opera.org.au/home/survey after you’ve logged into our website, and go into the draw for a chance to win a Prize.
- Promoter: Opera Australia (ABN 26 00 07 55 153) of 480 Elizabeth Street, Surry Hills, NSW 2010, Australia. Phone number: (02) 9699 1099.
- Promotion Period: The Promotion will commence at 12:01am (AEST) on 4 November 2019 and will close at 11:59pm (AEST) on 3 November 2020.
Section 2: Eligibility
- Eligibility: The Promotion is only open to Eligible Entrants. An “Eligible Entrant” is an individual who:
- is above 18 years of age;
- is an Australian or New Zealand resident;
- complies with the entry requirement in Section 3 clause 8 below;
- is eligible to take the Prize when required (as provided by clause 14 below); and
- is not otherwise ineligible under clauses 5, 6 or 7 below.
- Non-Eligibility: Individuals are not eligible to enter the Promotion or win the Prize if they are a director, manager or employee of the Promoter, or an agency of the Promoter directly associated with the Promotion, or if they are an immediate family member of such director, manager or employee.
- Incorrect contact details: In addition to any other eligibility requirement in these Terms and Conditions, if any contact details provided to Opera Australia are incorrect, such entry will not be eligible to qualify for the Promotion. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole and absolute discretion, to determine the identity of the Eligible Entrant.
- Verification: The Promoter reserves the right, at any time, to verify the validity of entries and the validity of entrants to qualify as Eligible Entrants (including the right to confirm and verify an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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.
Section 3: Entry to the Promotion
- Eligible Entrants who correctly complete the Customer Experience and Brand Survey will receive one (1) entry to the Promotion. Persons are only allowed to enter the draw once. Entrants who click submit accept Opera Australia’s terms and conditions of this promotion, will allow Opera Australia to add their details to Opera Australia’s contact database, and are willing to receive email of future offers and promotions from Opera Australia.
Section 4: Draw
- The draw will be conducted at 1.00 pm (AEST) at the head office of the Promoter, located at 480 Elizabeth Street, Surry Hills, NSW 2010, on 1 October 2020. The names of those entrants that comply with Sections 2 and 3 of these Terms and Conditions, who have completed and submitted Opera Australia’s customer survey before 11:59pm on 15 September 2020 will be placed in to a Microsoft Excel spreadsheet. The name of the winner will be randomly drawn by a representative of the Promoter. The first valid entry drawn will win the Prize.
Section 5: Prize
- Prize: One set of two (2) A-reserve tickets to an Opera Australia performance during 2019 at the Sydney Opera House or Arts Centre Melbourne, excluding opening nights, Saturday matinees and musical performances.
- Prize Value: Each Prize is worth AUD$570 (inclusive of GST). The total Prize pool is valued at up to $570.00 (inclusive of GST). The Promoter takes no responsibility for any variation in the value of a Prize.
- Prize Conditions: Each Prize is subject to the following conditions:
- No exchange of Prize: A Prize cannot be exchanged or redeemed for cash. Acceptance of a Prize is subject to, and conditional on, the Prize winner or their approved nominee being able to lawfully take possession of the Prize. If for any reason, a Prize winner cannot take the Prize, then the Prize may be forfeited and no compensation will be paid in lieu.
- Ancillary Costs: Unless specified, ancillary costs are not included in the Prize and are the responsibility of the Prize winner.
- Taxes: If the Prize or receipt of it incurs a tax liability, the Prize winner is liable for payment of such tax.
- Prize Availability: In the event that the Prize is unavailable for any reason, at any time, the Promoter reserves the right to substitute the Prize with another Prize of equal value, subject to the written direction of any relevant regulatory authority, and the Prize winner will be notified accordingly.
Section 6: Prize Winner
- Contact: The Promoter will contact the Prize winner in writing by the 30th day of the month in which that draw occurred to confirm whether the Prize winner wishes to claim the Prize.
- Claim of Prize: If the Prize winner wishes to claim the Prize, the Promoter will deliver the Prize to the Prize winner either by hand or post as soon as reasonably practicable. If a winner fails to claim their Prize by 15 October 2020 or if the Promoter is unable to contact the winner, the winner will be deemed to have forfeited the Prize.
- Redraw: If all Prizes are not claimed by 15 October 2020, the Promoter may conduct such further draws at the head office of the Promoter located at 480 Elizabeth St, Surry Hills, NSW, 2010 as may be necessary to award any unclaimed Prizes. The Promoter will comply with any applicable legislation regarding the unclaimed Prize and any written directions of any competent authority in that regard. If permitted by the applicable legislation, the Promoter will conduct a redraw at 10:00 am on 2 November 2020. If the unclaimed prize is two (2) A-reserve tickets to an Opera Australia performance, the redrawn winner will be entitled to use their tickets up until 31 May 2021. The winners will be notified in writing by 3 November 2020.
- Winner Publicity: In accepting a Prize, a Prize winner agrees to participate in any publicity arrangements made by or on the behalf of the Promoter. The Prize winner further acknowledges and agrees that the Promoter has the right to publicise his/her name, the State or Territory in which the winner ordinarily resides, photograph, likeness and/or voice in any language and in any media (whether now known or later devised) throughout the world in perpetuity without restriction in respect of this Promotion and any products manufactured, distributed and/or supplied by the Promoter, without any payment being made to them.
Section 7: General Conditions
- Lost, Delayed Communication: The Promoter will not be responsible for any delayed, lost or misdirected communications.
- Release: To the fullest extent permissible by law, each entrant in the Promotion including without limitation the Eligible Entrants and the Prize winner (and any nominee), releases the Promoter from any claim, loss, damage, expense (including any claim for legal expenses), cost or charge sustained or in any way incurred by such entrant in connection with the Prize or their participation in the Promotion. The Promoter, its related bodies corporate, its or their officers, employees and agents will not be liable for any loss, damage or personal injury whatsoever (including but not limited to direct, indirect and consequential loss) suffered or sustained in connection with this Promotion, the implementation of this Promotion, or the use of any prize, except for any liability which cannot be excluded by law. 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 (2010) (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia.
- Force Majeure: The Promoter will not be responsible for any act, omission, failure or delay by the Promoter that is due to an act of God, riots, acts of terrorism, storms, fire, any labour or industrial dispute, any strike, and other acts, which are not reasonably within the control of the Promoter. In addition, if this Promotion is otherwise 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, subject to State legislation and written regulatory directions, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion or disqualify any entrant.
- Disputes: In the event of a dispute, the decision of the Promoter is final and binding and no correspondence will be entered into.
- Currency: All prices are stated in Australian dollars, represent the recommended retail price or, in the absence of a recommended retail price, the prevailing market price to the best of the Promoter’s knowledge and include GST.
- Release: As a condition of accepting the Prize, the winner (and his/her nominee, if applicable) may be required to sign legal documentation as and in the form required by the Promoter and/or Prize supplier in their absolute discretion, including but not limited to a legal release and indemnity form.
- Privacy Notice: The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize supplier and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter by writing to Opera Australia PO Box 291 Strawberry Hills NSW 2010. All entries become the property of the Promoter.
- Amendment: Subject to the approval of the authorities that have issued permits in respect to the Promotion, the Promoter reserves the right to amend, withdraw or vary these Terms and Conditions at any time without notice.
- Governing Law: The laws applicable in New South Wales govern this deed and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.
Authorised under NSW Permit No. LTPM/19/05084