"FLEX FOR 1MX SYDNEY"
MERCHADISE GIVEAWAY CONTEST
TERMS AND CONDITIONS
OPEN ONLY TO PERSONS WHO ARE LEGALLY (WHETHER TEMPORARILY OR PERMANENTLY) LIVING, RESIDING, WORKING, STUDYING OR STAYING, IN AUSTRALIA AT THE TIME AND DURING THE ENTIRE DURATION OF THE CONTEST PERIOD, AND ARE OF LEGAL AGE AS OF THE DATE HE/SHE JOINED THE CONTEST. BY PARTICIPATING IN THE CONTEST, EACH CONTESTANT UNCONDITIONALLY ACCEPTS AND AGREES TO COMPLY WITH THE CONTEST TERMS AND CONDITIONS AND REPRESENTS TO SATISFY ALL ELIGIBILITY REQUIREMENTS BELOW. THE DECISION OF ABS-CBN AUSTRALIA PTY. LTD. SHALL BE FINAL AND BINDING IN ALL RESPECTS. THE CONTEST PERIOD BEGINS AT 12:01 AM AEST ON JULY 29, 2023 AND ENDS ON AUGUST 9, 2023 11:59 PM AEST (“CONTEST PERIOD”). VOID WHERE PROHIBITED.
This Promo is in no way sponsored or administered by or associated with Facebook. The Contestant understands that he/she is providing information to ABS-CBN and its Affiliates and in accordance with the Terms and Conditions below. The Contestant agrees to release Facebook completely of all liability in relation to his/her participation in the Contest.
1. The Contest: The “FLEX FOR 1MX SYDNEY – MERCHANDISE GIVEAWAY” CONTEST (the “Contest”) is a promotion implemented by ABS-CBN Australia Pty. Ltd. during the Contest Period for the festival attendees of 1MX Sydney to be held on October 8, 2023 at the Hordern Pavilion, NSW, Australia (the “Event”).
2. Eligibility: The Contest is open to those who meet the following requirements: (a) are legally (whether temporarily or permanently) living, residing, working, studying or staying, in Australia at the time of and during the entire duration of the Contest Period; (b) are of legal age as of the date he/she joined the Contest; and (c) have purchased tickets to the Event (each a “Contestant”). VOID WHERE PROHIBITED.
The following persons are NOT eligible to participate in the Contest: (a) directors, officers, employees, shareholders, representatives, and/or agents of ABS-CBN, and/or of any advertiser or sponsor of the Contest; (b) persons engaged in the development, production, implementation, or distribution of materials for the Contest; and (c) persons who are immediate family members (defined as spouse or life partner or biological or step-mother, father, sister, brother, daughter, or son and each of their respective spouses) of any person in either (a) or (b), regardless of where they live, and/or individuals who reside in the same household, whether related or not, as any person in any of the preceding categories.
THE WINNERS OF THIS CONTEST MUST CLAIM THEIR PRIZE IN PERSON ON OCTOBER 8, 2023 AT THE MERCHANDISE BOOTH DURING THE EVENT AT HORDERN PAVILION.
3. Agreement to Rules: By participating in the Contest, Contestant confirms, represents and warrants that: (a) he/she has read and understood these Term and Conditions; (b) agrees to be fully and unconditionally bound by these Terms and Conditions; and (c) he/she/they meet/s all of the Eligibility requirements, is not among any of the persons identified above as not eligible to participate in the Contest and is not otherwise disqualified under these Terms and Conditions. In addition, the Contestant agrees to accept the decisions of ABS-CBN in connection with the Contest as final, binding and non-appealeable.
This Contest is in no way sponsored, endorsed, administered by, or associated, with Facebook. Contestant agrees to release Facebook completely of all liability in relation to his/her participation in the Contest. No proof of purchase of any product or subscription of any service is required in order for Contestant to join the Contest. A purchase of any kind shall not increase the Contestant’s chances of winning in the Contest.
4. Mechanics: Each Contestant may submit only one (1) Official Entry for the Contest. Multiple entries will not be considered and are not allowed; for duplicate entries, only the first entry will be considered. To enter the Contest:
During the Contest Period, Contestant may join by doing the following:
Take a selfie with Contestant’s ticket to the Event (covering the sensitive details indicated in the ticket) in a fun and creative way;
Post this photo in the Comments section of the post regarding this Contest posted in the TFC Australia, New Zealand & The Pacific’s Facebook page;
Include as caption to the photo the answer to the question: “What about the event are you most excited about?” (no word limit)
All elements (i.e., photo, personal information, caption and/or description) of Contestant’s submission is considered an “Entry”. Tagging and sharing of the Contest post are not required to constitute a valid Entry. Once Contestant submits an Entry, this Entry is considered final and may not be modified. Only Entries submitted via Facebook will be accepted.
b) The Contestant shall also comply with the following guidelines for the Entries (“Entry Guidelines”):
i. The Entry must not include, depict, or promote any illegal, violent, dangerous or discriminatory behavior or contain any material that is threatening, indecent, violent, obscene or offensive;
ii. The Entry must not contain any material that violates or infringes upon the rights of any third party, including without limitation any copyright, trademark or right of privacy or publicity, or that defames any person, or that is unlawful, in violation of or contrary to any applicable law or regulation;
iii. The Entry must not include nor depict any material that ABS-CBN, in its sole discretion, deems inappropriate for public viewing and/or display;
The Contestant has obtained all permissions, licenses and consents that are necessary for the Entry.
By submitting an Entry, Contestant acknowledges and agrees that ABS-CBN may receive many Entries in this Contest and that such other Entries may be similar or identical in theme, idea, format or other respects to Contestant’s Entry and Contestant waives any and all claims he/she may have had, may have, and/or may have in the future that any Entry (including but not limited to: any caption, photo and/or ideas) accepted, reviewed and/or used by ABS-CBN, their affiliates, or their respective officers, directors, employees and agents may be similar to or the same as the Entry. Contestants acknowledge and agree that ABS-CBN, their affiliates, and their respective officers, directors, employees and agents do not have now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the non-infringement or protection of any copyright, trademark, patent, or any other claimed right or interest in and to Contestant’s Entry. By submitting an Entry, each Contestant agrees that he or she has no right to bring (and covenants not to bring) any claim, action, or proceeding of any kind or nature whatsoever relating to the Contest or the Entry against ABS-CBN, their affiliates, and their respective officers, directors, employees and agents, and any individual or company involved in the development or execution of this Contest.
c) ABS-CBN shall constitute a board of judges that will evaluate and judge the Entries (the “Board of Judges”). The composition, choice of and all other decisions pertaining to the Board of Judges, shall be determined solely by ABS-CBN. The Board of Judges shall evaluate all eligible Entries received during the Contest Period based on the following criteria:
Creativity – 70%
Based on the Board of Judges’ scores, the highest scoring eligible Entries will be deemed the Winning Entries (the “Winners”). Each Winner is entitled to receive a Prize (defined below) only once. The decision of the Board of Judges shall be final, binding and non-appealeable.
5. Prizes. Up to ten (10) Winners will receive one (1) 1MX SYD t-shirt with approximate retail value of AUD35.00; total approximate retail value of the Prizes to be awarded in this Contest is AUD350.00.
No prize substitution shall be permitted except at ABS-CBN’s sole discretion. The prize is non-transferable. Any and all prize-related expenses, including without limitation any and all taxes, shall be the sole responsibility of the WINNERS. Prizes are non-transferable and non-changeable. Prizes will be deemed void if sold, transferred, auctioned or assigned to any third party. Sponsor reserves the right in its sole discretion to substitute a Prize in whole or in part with one of comparable or greater value. All costs and expenses associated with Prize acceptance and use not specifically provided herein are the responsibility of the Winner. Acceptance of the Prize constitutes permission for ABS-CBN to use the Winners’ name, likeness, and any portion of their Entry for purposes of promotion, marketing, and advertising, unless prohibited by law.
Announcement of Winners: Winners will be announced on the TFC Australia, New Zealand & The Pacific’s Facebook page on August 12, 2023. Winners must claim their prize in person on October 8, 2023 at the merchandise booth during the Event at Hordern Pavilion. If a Winner is unable to claim their prize, the prize will be forefeited.
The Top Ten Contestants with the highest scoring eligible Entries (“Potential Winners”) shall be contacted by an ABS-CBN Representative on or before August 11, 2023, via Facebook direct message for validation and verification, and shall be advised on how to claim and access the Prize. Potential Winner must confirm that he/she has read and agrees to be bound by the Contest’s Terms and Conditions by stating: “I, (full name), confirm that I have read, understood and hereby accept and agree to the Terms and Conditions of the “FLEX FOR 1MX SYDNEY – MERCHANDISE GIVEAWAY” CONTEST”. After providing such confirmation in writing to ABS-CBN, Potential Winners must provide the following information to ABS-CBN for validation of their Entries:
Full name of Contestant;
Country/Location of Contestant;
Valid and existing email address of Contestant; and,
All Winners may be required to verify their eligibility by completing, signing, and returning an Affidavit of Eligibility/Liability Release/Publicity Release. A failure to sign such Affidavit of Eligibility/Liability Release/Publicity Release may result in Winner’s forfeiture of the Prize. At any period during the Contest, ABS-CBN may conduct a background check on the Winners or any Contestant. ABS-CBN reserves the right to disqualify any person from receiving any prize or attending any events, based on such background check if ABS-CBN determines, in its sole discretion, that awarding any prize to such Winner, or permitting the participation of the Contestant in the Contest, could result in a safety or security risk to any person or persons or could result in the disruption of any event associated with the Contest.
6. Grant of Rights: The Contestant hereby grants ABS-CBN, and its subsidiaries and affiliates, an unencumbered, perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, translate, publish, record, exhibit, broadcast, rebroadcast, encode, compress, encrypt, synchronize, display, publicly perform and distribute his/her Entry, submission, or information arising out of or related to the Contest, in whole or in part, in any and all media or platform now existing or hereinafter developed. Contestant waives and agrees not to assert Contestant’s “moral rights”, if any. Without limiting the foregoing and for the avoidance of doubt, Contestant gives his/her consent to ABS-CBN, to use any and all portions of such Entry for marketing, promoting and exhibiting the Contest.
7. Representations and Warranties: By participating in the Contest, the Contestant represents and warrants that:
the Entry does not contain illegal, obscene, defamatory, objectionable or infringing material. The Contestant understands and agrees that ABS-CBN does not support nor endorse any post or Entry and such Entry does not necessarily reflect the opinion or policies of ABS-CBN, its subsdiaries and affiliates, nor of their employees, directors, shareholders, officers, agents, or representatives;
he/she owns, and/or has secured any and all necessary rights in and to the Entry, including any element thereof or component therein. The Contestant also represents and warrants that his/her Entry does not violate the right of any party or entity, including but not limited to invasion of privacy or infringement of intellectual property rights. If the Entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, the Contestant shall, at his/her sole expense, defend or settle such claims. The Contestant shall indemnify, defend, and hold ABS-CBN free and hamrless from and against any and all suit, proceeding, claims, liability, loss, damage, costs or expense, which ABS-CBN may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right;
he/she has secured the necessary consents of and authorizations from any and all of the other persons appearing or involved in the Entry, for the posting, submission, exhibition, airing, broadcast, display, publication, distribution and use of the names, images and likeness in the Entry for the Contest;
d) the Entry, in whole or in part, does not establish or create by any express or implied relationship between ABS-CBN or its subsidiaries and affiliates and the Contestant including but not limited to any relationship of principal and agent; and
e) that ABS-CBN reserves the right, but shall have no obligation, to pre-screen, review, edit, modify, flag, refuse, disqualify or remove any Entry upon ABS-CBN’s reasonable belief that such Entry is offensive, indecent, objectionable, infringes the right of a person or entity, violative of these Terms or for any reason whatsoever, at any time without notice to Contestant.
8. Modification: ABS-CBN reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should a technical virus bug, or glitch, non-authorized human intervention, inappropriate, improper or unauthorized conduct, or any other cause beyond ABS-CBN’s control, corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, ABS-CBN may select the Winners prior to and/or after (if appropriate) the action taken by ABS-CBN. ABS-CBN reserves the right, in its sole discretion, to disqualify any individual who is found or suspected to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Terms and Conditions, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person or otherwise violates these Terms and Conditions. ABS-CBN has the right, in its sole discretion, to maintain the integrity of the Contest. Any attempt by Contestant (or any voter) to deliberately damage or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, ABS-CBN reserves the right to seek damages to the fullest extent permitted by law.
9. Force Majeure: In no event shall either ABS-CBN be liable to the Contestant for any loss or damage, or be deemed to be in breach of these Terms, due to any delay or failure to perform its obligations if such delay or non-performance is due to causes beyond the control of ABS-CBN, including but not limited to government restrictions, political sanctions, exchange or market rulings, labor strike, war, act of civil or military authority, sabotage, epidemic, pandemic, lockdowns, flood, earthquake, fire, other natural disaster, supply shortages, general or telecommunications outage or any other event, condition or occurrence beyond the reasonable control of ABS-CBN (a “Force Majeure Event”).
10. Indemnification: By participating in the Contest, the Contestant hereby agrees to release and hold ABS-CBN and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors free and harmless from any and all liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, including, but not limited to, from: (i) such Contestant’s participation in the Contest and/or his/her/their acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the Contest; and (v) electronic or human error in the administration of the Contest.
11. Disputes: All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Terms and Conditions, or the rights and obligations in connection with the Contest, will be governed by the laws of Australia. As a condition for participating in the Contest, Contestant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved through binding and final arbitration instead of through court proceedings.
13. General: These Terms and Conditions cannot be modified or amended in any way except in a written document issued by ABS-CBN. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Contest is void where prohibited by law. By joining and participating in the Contest, the Contestant affirms that he/she has read, reviewed, understood, accepted, and agreed to all of the Terms and Conditions.
If you have any questions or comments, please contact ABS-CBN Australia Pty. Ltd through this email address: firstname.lastname@example.org or via Facebook direct message at https://m.me/TFCANZP
Date: July 25, 2023