1. This document contains the terms and conditions of entry (“these terms”) into the 2021 Mitsubishi Motors Australia Limited “Live Outlandish” Competition (“Promotion”) and information on how to enter the competition and about the Prizes which form part of these terms. Participation by Entrants in this Promotion is deemed acceptance of these terms. By participating in this Promotion, the Entrant acknowledges that they have read, understood and agree to be bound by and abide by these terms.
2. The Promoter is Mitsubishi Motors Australia Limited (ABN 53 007 870 395) of 1 Sir Richard Williams Avenue, Adelaide Airport, SA 5950 ("Promoter”). The Promotional Participant Foxtel Management Pty Limited on behalf of the Foxtel Partnership (ABN 65 068 671 938) of 5 Thomas Holt Drive, North Ryde, NSW 2113 (“Promotional Participant”).
3. The Promoter or Promotional Participant may (subject to applicable State or Territory laws and the Australian Consumer Law) vary the terms of, or terminate, this Promotion at any time prior to the Promotion Period at its absolute discretion without liability to any Entrant or other person. The Promoter will not award any Prize if the Promotion is terminated prior to the Promotion Period. If the Promotion is not capable of being conducted due to circumstances beyond the Promoter’s or Promotional Participant’s control, including but not limited to health conditions affecting Entrants, national or international travel restrictions or requirements (for example a requirement to undertake mandatory national or international quarantine or stay at home orders), or due to any technical or communications problems, the Promoter reserves the right to amend, suspend or cancel the Promotion subject to approval from any relevant authority and the Australian Consumer Law.
4. In these terms, the following meanings apply in addition to terms which are defined elsewhere in these terms unless the contrary intention appears:
“Entrant” means a person who is eligible to participate in the Promotion in accordance with clause 6 of these terms.
"Prize" has the meaning in clause 15
“Winner” means the person who wins the Prize in accordance with these terms.
5. The Promotion will be open from 00.00am Australian Eastern Daylight Time ("AEDT") on Monday 8 November 2021 and will continue until 11.59pm AEDT on Sunday 5 December 2021 ("Promotion Period").
PROMOTION ENTRY - ELIGIBILITY
6. Entry is open to all Australian residents who are 13 years of age or over and meet all the conditions in clauses 8, 12 and 16, excluding employees of the Promoter and other agencies, firms or companies (and their immediate families), who are directly associated with this Promotion, including Promotional Participant.
7. Any Entrant who is under 18 years of age must have permission of their parent/guardian before entering. Any Entrant must have permission of their family prior to entering.
HOW TO PARTICIPATE
8. To participate in the Promotion and be eligible to win, an Entrant must:
a. submit a TikTok video via the Hashtag Challenge using the hashtag #LiveOutlandish. Entrants will be shortlisted based on their interpretation of the ‘Live Outlandish’ competition brief;
b. on request by the Promoter, be able to verify they are an Australian resident and are over 13 years of age; and
c. comply with the requirements set out in clause 6 and elsewhere in these terms.
9. All valid entries will be individually judged by representatives of the Promoter and Promotional Participant (in their sole and absolute discretion) on 6 December 2021 at 1 Sir Richard Williams Avenue, Adelaide Airport, South Australia, 5950.The Winner will be the Entrant who, in the sole opinion of the Promoter and Promotional Participant, has most creatively and suitably met the ‘Live Outlandish’ competition brief.
10. The result of the Promotion is final. No correspondence will be entered into.
11. If a prize is unclaimed by 12 December 2021 the Promoter will:
a. notify the original Prize Winner that the Prize is unclaimed;
b. award the Prize to the Entrant/s who, in the sole opinion of the Promoter, have submitted the next most creative and suitable entry to the ‘Live Outlandish’ competition brief; and
c. notify the unclaimed prize Winner at least three (3) days after the unclaimed prize date that the Prize has been reallocated as it was unclaimed.
LIMITS OF ENTRY
12. The Winner must agree to follow all reasonable directions of the Promoter in relation to the awarding of the Prize. They must also consent to and licence the recording and use of their name, character, voice, image and likeness by or on behalf of the Promoter for the purposes of any promotional, marketing or publicity activities by the Promoter and Promotional Participant. Any such use by, or on behalf of, the Promoter and Promotional Participant
13. Limit of one entry per participant.
PRIZES AND PRIZE RESTRICTIONS
14. The Prize is provided by the Promoter and the Promotional Participant.
15. The total retail value of the prize is up to AUD$30,000 and is comprised of:
a. The Prize is a 10-day trip for the Winner and their family (up to four family members) in Queensland (specific itinerary and activities to be advised to the Winner), including flights, accommodation for a family of four (twin share), daily meals, activities and transfers;
b. It includes the loan of a Mitsubishi Outlander for the duration of the trip including all fuel costs associated with the trip; and
c. the Winner and their family’s participation in the production and filming of the ‘Live Outlandish’ program, which will be filmed between 17 – 21 January 2022 (i.e., whilst on the abovementioned trip) and transmitted / broadcast by Promoter and Promotional Participant in accordance with clause 19 below.
16. The Prize must be taken as offered and the Winner must be available to redeem the Prize between 17 – 27 January 2022. The Winner and their family must all complete a Participant Release in order to claim the Prize and participate in the trip and production as noted in clause 15 above.
17. Any ancillary costs associated with redeeming the Prize (including but not limited to additional travel) are the responsibility of the Winner.
18. It is a condition of winning that the Winner (or their parent / guardian) provides the Promoter with their full name, contact number and address.
19. The ‘Live Outlandish’ program shall include recordings of the Winner and their guests (image and/or voice) on photographs, film, audiotape, videotape or otherwise for audio, visual or audio-visual reproduction (“Recordings”), use, reproduction, broadcast, communication, transmission, exhibit and distribution of the program and any part of it, throughout the world via all media now known or yet to be devised, in perpetuity. The Promoter and Promotional Participant are the sole owner of all rights in the programs and Recordings, as the sole owners, Promoter and Promotional Participant are exclusively entitled to exploit the Recordings and to receive all the proceeds of such exploitation.
20. In the event that a Prize, or part of a Prize, is unavailable, the Promoter reserves the right to substitute the Prize or part of the Prize in its discretion with an alternative prize or part of the prize to the same and equal recommended retail value and/or specification. If the Winner does not agree despite reasonable attempts and a Prize is not available due to circumstances beyond the Promoter's control, the Promoter and Promotional Participant may substitute the Prize with another item or items determined by the Promoter and Promotional Participant to be of equal value.
21. The Prize is non-transferable and cannot be exchanged, sold, redeemed or forfeited for cash or used in conjunction with any other offer or promotion. Any Prize with a retail value is in Australian dollars and is the recommended retail value as provided by the supplier correct at the time of printing. All Prizes are subject to availability. The Promoter accepts no responsibility for any variation in the value of a Prize.
22. The Promoter and Promotional Participant will not be responsible for any costs associated with the collection or use of any Prize. The Winners are responsible for all costs associated with the collection and use of the Prizes including any expenses and costs for food and beverages, travel insurance or additional travel and accommodation (unless expressly stated in these terms). It is strongly recommended that travel insurance is taken out by the Winner.
NOTIFICATION OF WINNER
24. The Promoter and Promotional Participant will shortlist the five (5) Entrants who, in the sole opinion of the Promoter and Promotional Participant, have most creatively and suitably met the ‘Live Outlandish’ competition brief. These five (5) Entrants will be contacted by 9 December 2021 and must be available for an interview with the Promoter and Promotional Participant between 9– 12 December 2021.
25. The Winner will be confirmed and notified on 16 December 2021. All five (5) shortlisted Entrants must be available on this notification date.
26. The Winner will be confirmed and notified on TikTok during the week commencing 16 December 2021 by the Promoter and Promotional Participant and their winning content published on the dedicated TikTok Hashtag Challenge page for at least 28 days.
TRAVEL PRIZE – SPECIAL CONDITIONS
27. Unless expressly stated, all costs and expenses associated with taking the Prize become the responsibility of the Winner and their guests including but not limited to: additional taxes (excluding departure and any other flight-associated taxes, where flights are included in the Prize); costs associated with inoculations, passports and/or visa applications; transfers; travel insurance; spending money; meals; transport to/from an airport departure or return point; any extra sightseeing or activities; and all other incidental and ancillary costs incurred by the Winner and their guests as a direct or indirect result of taking the Prize.
28. The Winner and their guests must ensure that they have valid documentation for travel, including but not limited to valid passports and visas, which meet the requirements of immigration and other government authorities at every destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the Winner.
29. If the Winner determines that travel insurance is required they will be solely responsible for arranging and paying for such travel insurance. Promoter and Promotional Participant strongly recommend that travel insurance is taken out by the Winner and their guests.
30. All travel must be taken or completed by any dates specified by the Promoter and/or prize supplier and is subject to availability. If the Prize is event based, travel must be taken to coincide with the relevant event on the dates specified by the Promoter.
31. The Promoter is not responsible for any cancellation, changes, delay or rescheduling of events, travel, activities and flights and any costs incurred as a result (including, without limitation, accommodation costs and any amendment fees issued by airlines or suppliers once booking is confirmed and ticketed) will be the sole responsibility of the Winner. In the event that one or more events or activities is no longer available, the remainder of the prize shall constitute the complete and total Prize.
32. If the Winner is a resident of the city/state where Prize is to take place, they will forfeit the flight component of the Prize and no substitute prize will be offered.
33. Frequent Flyer points are not available for any of the flights included in the Prize.
34. Airline tickets included in the Prize cannot be used as part-payment of another airfare.
35. Any travel and accommodation constituting part of a Prize (if applicable) are subject to booking availability, availability of select seat class with airlines or specific room category availability with accommodation partner.
36. The Winner must travel at the same time (including flights and accommodation) and participate in the Prize together at all times. All components of the travel Prize must be taken together and when offered or are forfeited. Any element of the Prize not taken will be deemed to be forfeited.
37. The Winner and their guest must depart from and return to the same capital city airport in Australia, being the capital city airport that is closest to the Winner’s place of residence.
38. If the Winner and/or their guest miss any of the arranged flights or any other travel component, the Winner will forfeit the Prize (at the Promoter’s sole and absolute discretion).
39. Redeeming the Prize is conditional on acceptance of terms and conditions as detailed by the Promoter, any prize providers and the airline carriers in accordance with normal travel practices.
40. A credit card imprint or cash deposit may be required from the Winner and/or their guest at check-in to the hotel, for all incidental charges.
41. The Promoter makes no representation as to the safety conditions or any other conditions that may exist at any destination.
42. The Winner must follow all reasonable directions given by the Promoter and any prize supplier during the course of their participation in the Prize, including all directions in relation to health, age, behaviour, safety and legal and responsible consumption of alcohol. No compensation will be payable if the Winner is unable to use any element of the Prize as stated for whatever reason, including refusal of entry or departure into or out of the relevant country or participation in any other activities for health, age, behaviour or safety reasons. If the Winner fails to participate in the Prize in the manner required, as stated in this condition and/or in the reasonable opinion of the Promoter or any prize supplier, the balance of the Prize will be forfeited with no compensation payable.
43. An Entrant’s entry must not be late; delayed; incomplete; incomprehensible; unlawful or capable of violating any law or giving rise to a civil action; obscene; defamatory or libellous; threatening or harassing; pornographic or contain nudity; hateful; offensive against a person or group of persons on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference; incite or be capable of encouraging conduct that would be considered a criminal offence; or in violation of the social media guidelines, rules or terms of service of the relevant social media site or platform used to enter the Promotion.
44. The Entrant warrants that their entry including the response and any photos, images or videos (“Entry Material”) is their own original work; it is not copied in any manner from any other work; and does not infringe the copyright, moral rights, trademark rights or any other rights of any third party.
45. Entrants retain all ownership in their Entry Material however, by submitting their Entry Material, Entrants hereby grant the Promoter and the Promotional Participant 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 Promotion, awarding the Prize and advertising and marketing the Promoter, Promotional Participant or the Promotion on all media now known or later devised, in perpetuity.
46. By entering the Promotion, Entrant’s consent to any use of their Entry Material by the Promoter and Promotional Participant which may otherwise infringe an Entrant’s moral rights in the Entry Material, including (without limitation):
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 or Promotional Participant sees fit, even if it results in derogatory treatment of the Entry Material (as defined in the Copyright Act 1968 (Cth)).
47. Each Entrant warrants that:
. they have the full power and capacity to grant the rights, warranties and consents set out in these Terms and Conditions;
a. the Entry Material is not, and its use by the Promoter (or the Promotional Participant) will not be, in breach of any third party intellectual property rights;
b. they will fully indemnify the Promoter and Promotional Participant against any loss or damage suffered 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 each 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).
48. To the extent permitted by law and the Australian Consumer Law, the Promoter and Promotional Participant shall not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or for any personal injury suffered or sustained, including as a result of the Promoter's or Promotional Participant’s negligence, in connection with this promotion or the redemption or use of the Prizes. The Promoter or Promotional Participant accepts no responsibility for any tax implications or others costs and expenses that may arise from winning the Prize.
49. Any questions, comments or complaints regarding this Promotion should be directed to the Promoter.
50. The Promoter and Promotional Participant shall not be liable for any Prize that may be lost, stolen, forged, damaged or tampered with in any way after it reaches the Winner.
51. The Promoter and Promotional Participant accepts no responsibility for any difficulties caused by the Winner not adhering to the notified travel times and other travel conditions as specified in these Competition Terms and Conditions, or as otherwise communicated to Winner.
52. Failure by the Promoter or Promotional Participant to enforce any of its rights at any stage does not constitute a waiver of those rights.
53. The Promoter reserves the right to disqualify an Entrant in the event of non-compliance with these terms. In the event there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each Entrant and no correspondence will be entered into.