Competition Terms and Conditions – Peking Duk – Tour Competition
1. Information on how to enter and the prizes form part of these terms and conditions. These terms and conditions constitute the entire agreement between each entrant and Promoter. Entry into the competition (Competition) is deemed acceptance of these terms and conditions.
2. The promoter is Sony Music Entertainment Australia Pty Ltd (ABN 95 107 133 184) of 11-19 Hargrave Street, East Sydney, NSW, 2010 (Promoter).
3. The Competition commences at 6.00pm AEDT on Friday, 2 March 2018 and concludes at 11.59pm AEST on Monday, 2 April 2018 (Competition Period). Promoter may extend the closing date in its sole discretion. All entries are deemed to be received at the time of receipt NOT at the time of sending by entrants. Late entries will not be eligible.
4. Entry is open to Australian residents over 13 years of age who are residents of Australia other than as set out in Clause 5. Entrants under the age of 18 require the consent of their parent or legal guardian to enter the Competition and further, the parent or legal guardian must read and consent to these terms and conditions.
5. Employees and agents of Promoter and their immediate families are not eligible to enter the Competition.
How to enter
6. To enter the Competition, entrants must:
- upload a video of them copying Peking Duk’s dance moves from Peking Duk’s “Wasted” official video on Instagram using the hashtag #DUKDANCE; and
- have an active Instagram account.
7. Multiple entries are accepted as long as the entrant has met all the entry criteria on each submission.
Prizes and Judging
8. This is a game of skill. Chance plays no part in determining the winners.
9. The one (1) most creative and entertaining entry as judged by Promoter in its sole discretion will be deemed the major prize winner (the Major Prize Winner). The Major Prize Winner will receive:
- one (1) double VIP pass ticket to see Peking Duk live at one of their Australian performances (Performance) on their Australian Tour in 2018 (the Tour) at the location closest to the Major Prize Winner’s residence (tour dates specified below);
- a meet and greet with Peking Duk for the Winner and their guest at the Performance; and
- one (1) official Peking Duk merchandise pack including one (1) jacket and one (1) pair of pants.
(collectively, the Major Prize).
Tour dates (from which the one Performance will be determined) are as follows:
5 May 2018 – The Tivoli, Brisbane
11 May 2018 – Hordern Pavilion, Sydney
12 May 2018 – Festival Hall, Melbourne
18 May 2018 – HQ Complex, Adelaide
19 May 2018 – Metro City, Perth
The Major Prize is valued at approximately AU$255.
10. The next three (3) most creative and entertaining entries as judged by Promoter in its sole discretion will be deemed the second prize winners (the Second Prize Winners). The Second Prize Winners will each receive one (1) official Peking Duk merchandise pack including one (1) jacket and one (1) pair of pants.
(the Second Prizes).
The Second Prizes are valued at AU$375 (being AU$125 each).
11. The entries will be judged by no later than 6.00pm AEST on Tuesday, 3 April 2018. The Major Prize Winner and Second Prize Winners will be notified by direct message from Peking Duk’s Instagram (@PekingDuk). Further details relating to Second Prize redemptions will be provided at this time.
Major Prize Terms
12. If the Major Prize Winner is under 18 years of age, they must take a parent or legal guardian as their guest and must be accompanied by a parent or legal guardian at all times whilst undertaking the Major Prize.
13. Attendance at the Performance is subject to the Major Prize Winner’s and his/her guest’s compliance with the Performance venue’s conditions of entry and any instructions and directions given. Promoter accepts no liability or responsibility for any failure to comply with the above conditions of entry. Promoter and the event organisers hereby expressly reserve the right to eject the Major Prize Winner and/or guest for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the Major Prize. If the Major Prize Winner and/or their guest fail to participate in the Major Prize in the manner required, as stated in this clause and in the reasonable opinion of Promoter, their entry and the balance of the Major Prize will be forfeited with no compensation payable.
14. All additional costs not expressly stated herein but incurred in acceptance and use of the Major Prize is the responsibility of the Major Prize Winner (and their guest) and will not be the responsibility of the Promoter. The Major Prize Winner (and their guest) will be responsible for paying for those costs not expressly set out herein and which may include (but is not limited to), transport to and from the Performance, accommodation, personal items, phone calls, travel insurance, meals, drinks, souvenirs, sightseeing or activities, incidentals, gratuities, surcharges or other ancillary costs which are the sole expense and responsibility of the Major Prize Winner (and their guest).
15. As a condition of collecting the Major Prize, the Major Prize Winner and their guest consent to being filmed at the Performance. The footage of the Performance may be made available, at Promoter’s discretion, on Peking Duk’s official social media channels, including but not limited to, Facebook, Twitter, Instagram and/or Vevo. Promoter may also photograph, video and/or film any other activities relating to the Major Prize Winner’s acceptance or consumption of the Major Prize. The Major Prize Winner acknowledges that Promoter has the right to use such publicity photos, videos and/or films in any medium and in any reasonable manner it sees fit without further permission from or payment to the Major Prize Winner. The Major Prize Winner may be required by Promoter to provide further consents or sign releases in respect of their attendance at Performance, including giving consent to be filmed.
16. The Major Prize Winner and Second Prize Winners (collectively, The Winners or Winner) are only entitled to the relevant Major Prize or Second Prizes as outlined above and are not entitled to any additional prizing or cash reimbursement to compensate for any difference in actual Major Prize or Second Prize redemption cost and maximum value. No Major Prize or Second Prize is transferable nor can any Major Prize or Second Prize be taken as cash other than as specifically set out in these terms and conditions. No compensation is payable if the Winners cannot receive any aspect of the Major Prize or Second Prizes for any reason.
17. Promoter’s decision in relation to any aspect of the Competition is final and binding on every person who enters and no correspondence will be entered into.
18. If any Winner cannot be contacted within two (2) calendar days of first notification attempt, if the Major Prize or Second Prize notification is returned as undeliverable, if a Winner rejects the Major Prize or Second Prize, or in the event of noncompliance with these rules, the Major Prize or Second Prize will be forfeited and an alternative winner may be selected from all remaining eligible entries. Upon Major Prize or Second Prize forfeiture, no compensation will be given.
19. If for some reason beyond Promoter’s control, it is not possible to supply the Major Prize or Second Prizes as advertised, Promoter will be entitled to supply a substitute prize in Promoter’s discretion. If the Competition is not capable of running as planned due to any reason (including, but not limited to fraud, a state of emergency, natural disaster, war, technical failures or any other causes), Promoter reserves the right without liability to the entrants to cancel, modify, terminate or suspend the Competition.
20. Entries must not contain references which are obscene, crude or vulgar, and/or which contain phone numbers, personal addresses (physical or email), Web site URLs, derogatory characterisations of any ethnic, racial, sexual or religious groups, references to illegal or inappropriate activity, behaviour or conduct, or any other references that could be considered inappropriate, unsuitable or offensive, as determined by Promoter, in its sole discretion. Promoter may delete any entries it deems offensive or inappropriate in its discretion and such entries will be disqualified from the Competition.
22. All entries become the property of Promoter and each entrant acknowledges that Promoter may use such entries and materials and any intellectual property rights subsisting in them in any medium and in any manner it sees fit, including without limitation, by reproducing, modifying or adapting such entries.
23. Under the Australian Consumer Law (Cth) and other statutes there are some warranties and conditions that cannot be excluded, restricted or modified or can only be excluded, restricted or modified to a limited extent. Promoter excludes all warranties and conditions to the extent allowable by these laws. Promoter accepts no liability or responsibility of any kind for any defect with the Major Prize or Second Prizes nor for any loss or damage whatsoever suffered (including but not limited to indirect or consequential loss) which is suffered or sustained in connection with the Competition or a Major Prize or Second Prize in any way to the fullest extent allowable by law.
24. Promoter is not responsible for any misdirected, late or incomprehensible entries in the Competition. Promoter is not responsible for any problems or technical malfunctions of any telephone network, computer on-line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the internet or at any web site, or any combination thereof, including any injury or damage to participants or any other person’s computer related to or resulting from participation in or downloading or uploading any materials in this Competition.
25. Promoter is not responsible for any tax implications that may arise from winning a Major Prize or Second Prize. Entrants should seek independent financial advice about such matters.
26. The Major Prize and the Second Prizes will be awarded to the peple named in the entry. However, in a dispute, the Major Prize and Second Prizes will be awarded to the account holder of the entry mechanism used to submit their Entry.
27. Promoter in its absolute discretion reserves the right to verify the validity of all entries and to disqualify entrants if they tamper with the entry process including but not limited to submission of an entry not in accordance with these terms and conditions or where Promoter reasonably believes that an entrant has acted in bad faith in respect of the Competition.
28. The Competition is in no way sponsored, endorsed or administered by or associated with Instagram. Entrant information disclosed as part of the Competition is disclosed to Promoter and not to Instagram. Each entrant fully releases Instagram from any loss or liability suffered by the entrant in connection with the Competition.
30. These terms and conditions shall be governed by the laws of New South Wales, Australia.