EMI Music Australia
EMPIRE OF THE SUN – CHARIOT OF THE SUN COMPETITION
Terms and Conditions
- Promoter:
The promoter is EMI Music Australia Pty Ltd of 98-100 Glover Street, Cremorne NSW 2090 (PO Box 311, Cremorne NSW 2090) (EMI). - How To Enter:
2.1 Instructions on how to enter this competition form part of the conditions of this competition. Entries not complying with these terms and conditions are ineligible. By participating in this competition, each entrant agrees to be bound by these terms and conditions.
2.2 Entry into this competition is open to all permanent residents or citizens of Australia who:(a) are 18 (eighteen) years of age or older, or if under 18 (eighteen) years of age, who have prior permission from their parent or guardian to enter this competition;Any other person is not eligible to enter this competition.
(b) are not an officer, manager and employee (or immediate family member of an officer, manager or employee) of EMI or any of its affiliates or sub-licensees; and
(c) have purchased, and hold a valid barcode for, the 2CD Special Edition of Empire Of The Sun’s album "Walking on a Dream".
2.3 This competition begins at 12:01am (AEDT) on 20 November 2009 and ends at 11:59pm (AEDT) on 1 February 2010 (Competition Period). EMI may extend the Competition Period at any time in its sole discretion by notice on the website www.walkingonadream.com/chariotofthesun (Website). No entries into this competition will be accepted after the end of the Competition Period and, for the avoidance of doubt, any material submitted through the Website after the end of the Competition Period will not qualify the person submitting that material for entry in this competition.
2.4 To enter the competition, entrants must have purchased a copy of the 2CD Special Edition of Empire Of The Sun's album "Walking on a Dream" and must during the Competition Period go to the Website and follow the instructions located at there to:
(a) provide the valid barcode number from their copy of the 2CD Special Edition of Empire Of The Sun’s album "Walking on a Dream"; and2.5 EMI reserves the right to, at any stage during or after completion of this competition, disqualify an entrant submitted to this competition who does not satisfy the entry requirements as determined by EMI in its sole discretion.
(b) submit an answer to the question "Why do you want to win the car – Chariot of the Sun?" in 25 (twenty five) words or less OR as a photograph that visually represents the answer; and
(c) provide any personal information requested (ie: the entrant’s name and email address). - Winner:
3.1 All entries to this competition will be judged at the company premises of EMI (as above) on or about the closing date of the Competition Period, with each entry to be individually judged based on creativity, effort and manner of expression. The competition judges (to be nominated at EMI’s sole discretion) will select the most creative answer from the valid entries submitted to this competition as the winner of the competition.
3.2 For the avoidance of doubt, this competition is a game of skill and chance plays no part in determining the winner.
3.3 The winner of the competition will be notified by email and will be posted on the Website on or before 9 February 2010. In that email notification, EMI will provide the winner with instructions on how to redeem the Prize. If the winner fails to follow those instructions, the winner will no longer be eligible to receive the Prize./div
- Prize:
4.1 The winner of the competition will receive a 1980 model Holden Panel Van car (engine number: 253H10341, VIN number: 8M70RKL469679, Chassis number: 75868A and plate number: ROG253), which is decorated as the "Chariot of the Sun" car, and includes delivery, transfer of registration and stamp duty costs (the Prize), all together valued at approximately AUD$25,000. EMI is not responsible or liable for any change in the value of the Prize that occurs between 20 November 2009 and the date that the Prize is taken by the winner.
4.2 Each entrant and the winner acknowledge that the Prize is a second hand car and, as such, will not be in new condition. EMI is not responsible or liable for any mechanical, body, paint or other defects or damages to, or repairs that may be required to, the Prize on and from, the date of acceptance of the Prize by the winner and transfer of registration of the Prize to the winner, their parent or legal guardian or their Nominated Person (as defined below) (as applicable). EMI strongly recommends that the winner, their parent or legal guardian or their Nominated Person (as defined below) (as applicable) takes out comprehensive car insurance in respect of the Prize on and from the date of accepting the Prize.
4.3 The Prize must be taken by the winner within 1 (one) month of notification of the winner. If the winner fails to take delivery of, and assist EMI as necessary to transfer registration of, the Prize within this time period, the winner will no longer be eligible to receive the Prize.
4.4 If the winner is under 18 (eighteen) years of age, the Prize will be registered in the name of the winner’s parent or legal guardian. If the winner does not hold a current valid driver’s licence, the winner must nominate a person with a current valid driver’s licence who agrees to receive the Prize on behalf of the winner (Nominated Person) and the Prize will be registered in the name of that Nominated Person. The winner must (or where relevant must procure that their parent or legal guardian or Nominated Person, as applicable, will) provide EMI or EMI’s authorised agent with identification and/or proof of age and/or proof that they hold a current valid driver’s licence before taking the Prize. If the winner, their parent or legal guardian, or their Nominated Person (as applicable) fails to produce any such documentation, the winner may no longer be eligible to receive the Prize.
4.5 The Prize is not transferable, deferrable, exchangeable or redeemable for any other product and cannot be taken as cash.
4.6 The winner will be fully responsible for all costs associated with redeeming and accepting the Prize, including but not limited to any ongoing registration fees, any insurance (including, without limitation, third party compulsory insurance), any taxes, surcharges or fees, or any other related ancillary costs. For the avoidance of doubt, EMI will not be responsible for any costs associated with the winner redeeming and accepting the Prize that are not expressly set out as EMI’s responsibility in these terms and conditions.
4.7 No responsibility will be taken by EMI or any of its affiliates or sub-licensees for any cancellation, re-scheduling or change in the dates and/or times of delivery or redemption of the Prize or any other arrangements that may prevent the winner from redeeming or accepting the Prize.
4.8 EMI reserves the right at any time before the awarding of the Prize (or any part of the Prize) to vary, postpone or cancel the Prize (or any part of the Prize) including, without limitation, where in EMI’s opinion (as determined by EMI in its sole discretion):
(a) the winner does not satisfy the competition entry requirements; and/or
(b) EMI cannot conduct this competition or offer the prize for any other reason.
- Material Submitted To Competition:
Each entrant warrants that their entry is their own original work and will not be obscene, offensive, and defamatory or infringe any third party rights in any manner. All entries in this competition are the property of EMI and each entrant, by entering this competition, grants EMI an irrevocable, perpetual, worldwide gratis licence to reproduce, publish, communicate and otherwise use their entry to the competition in any manner whatsoever including, without limitation, by reproducing and communicating that entry on the Website. EMI reserves the right to reject any entry submitted to the competition and exclude or remove any such entry from the Website. - EMI Content:
The text, images, graphics, sound files, animation files, video files and their arrangement on these pages, the Website and in any content accessed by you in connection with this competition are all subject to copyright and other intellectual property protection. Some are subject to copyright and/or trademark controlled by related companies. Any content accessed by you in connection with this competition is for your own personal, non-commercial, domestic use only and must not be copied, used, republished, sold, rented or otherwise distributed in any other way without the prior written consent of EMI or the relevant copyright owner. Content on EMI channels is free to view, unless otherwise stated, however you may be charged standard internet connection rates by your telephone operator and/or internet service provider. - Privacy:
7.1 Each entrant, by providing their email address and any other personal information required to enter this competition, will also be subscribing to EMI’s mailing list. EMI’s privacy policy is available at https://www.theinsound.com/privacy.asp. By participating in this competition, unless otherwise advised, each entrant also agrees that EMI may use any personal information submitted by that entrant in accordance with that privacy policy. If you have any enquiries about EMI’s privacy policy or wish to access, update or correct any information EMI holds about you, please contact the Webmaster at:
7.2 Unless you select otherwise, EMI may occasionally contact you by email to inform you of new competitions or promotions being run by EMI. If you do not wish to receive marketing or other information from EMI, please click on the unsubscribe button available on information sent to you by email, reply to those emails with "Unsubscribe" in the subject line or contact EMI on the contact details above to request that your preferences be updated. EMI will then notify any relevant third parties of your updated preferences but please note that EMI will not be held responsible for a third party company’s failure to update your preferences once these have been communicated to it. - General:
8.1 Where relevant, the winner is responsible for ensuring that the winner’s parent or legal guardian or their Nominated Person is aware of, has read and understood, and agrees to be bound by these terms and conditions. The winner, their parent or legal guardian or their Nominated Person (as applicable) accept the Prize entirely at their own risk. The winner, their parent or legal guardian, and/or their Nominated Person (as applicable) must, on request, execute any and all documentation necessary to give effect to this clause.
8.2 To the full extent permitted by the law:(a) EMI excludes, and each entrant releases and discharges EMI from, all liability for any loss, damage or injury suffered or sustained (including, but not limited to, direct, indirect, special or consequential loss or damage, loss or damage caused by any negligence, and loss of opportunity, revenue, profits, goodwill or anticipated savings and any other similar or analogous loss) arising directly or indirectly out of, or in connection with, this competition, the entrant’s participation in this competition, and the acceptance, use and enjoyment of the prize or any part of the prize; and8.3 To the extent that EMI cannot legally exclude, and/or each entrant cannot legally release or discharge EMI from, any liability set out in paragraph 8.2 above (or in the event that any such exclusion, release or discharge is not effective for any reason):
(b) EMI excludes, and each entrant releases and discharges EMI from, all statutory or implied conditions or warranties in connection with this competition, the entrant’s participation in this competition, and the acceptance, use and enjoyment of the prize or any part of the prize; and
(a) in respect of EMI’s liability for any breach of any warranty implied by law in connection with this competition, the entrant’s participation in this competition, and the acceptance, use and enjoyment of the prize or any part of the prize, EMI limits that liability to the replacement or repair of the relevant goods or the supply of equivalent goods, or payment of the cost of replacing or repairing the relevant goods or of acquiring equivalent goods; and8.4 EMI is not responsible for any incorrect or inaccurate information (whether caused by an entrant or as a result of any equipment or programming associated with or utilised in this competition), any technical error or any combination thereof that may occur in the course of the administration of this competition (including, but not limited to, any omission, interruption, deletion, defect, delay in operation, transmission or communications line, or network failure). EMI is also not responsible for any lost or late entries (whether caused by any technical or any other reason). All technical queries can be directed to EMI via admin@theinsoundfromwayout.com.
(b) the entrant indemnifies and undertakes to keep EMI indemnified from and against any claim that the entrant or any other person has or at any time may have against EMI arising directly or indirectly out of, or in connection with, this competition, the entrant’s participation in this competition, and the acceptance, use and enjoyment of the prize or any part of the Prize.
8.5 If for any reason this competition is not capable of running as planned (including, but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of EMI which corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition), EMI reserves the right in their sole discretion to cancel, terminate, modify or suspend this competition and to disqualify any individual who tampers with the administration of this competition. 8.6 Notwithstanding any other provision of these terms and conditions, EMI reserves the right to cancel or withdraw the competition, any part of the competition or any part of the prize at any time and for any reason whatsoever. In the event that EMI cancels or withdraws the competition, EMI will not be required to conduct the competition at any other time. EMI will not be liable in any way or for any consequence of cancelling or withdrawing the competition, any part of the competition or any part of the prize.
8.7 In the event that EMI postpones or varies the competition, any part of the competition or any part of the prize, EMI will not be liable to any person for any loss or damage suffered or sustained (including, but not limited to, direct, indirect, special or consequential loss or damage, loss or damage caused by any negligence, and loss of opportunity, revenue, profits, goodwill or anticipated savings and any other similar or analogous loss) arising directly or indirectly out of, or in connection with, that postponement or variation.
8.8 In the case of a dispute regarding these terms and conditions or any other aspect of this competition, EMI’s decision is final and binding, and may not be challenged on any grounds including, without limitation, on the grounds that EMI failed to act reasonably, fairly, in good faith or otherwise in accordance with the principles of procedural fairness. EMI’s decision will remain final and binding notwithstanding that it can be demonstrated that EMI made a decision which was wrong, based on a factual error or an irrelevant or irrational consideration. EMI will not enter in to negotiations or correspondence with any persons in respect of any decision made by EMI in connection with this competition.
8.9 Use of Windows Media Player, Macromedia Flash Player or any other media players are subject to the terms and conditions of the companies that make them.
8.10 The laws of New South Wales, Australia, govern these terms and conditions and any claim relating to this competition, an entrant’s participation in this competition, and the acceptance, use and enjoyment of the prize or any part of the prize. Each entrant submits to the exclusive jurisdiction of the courts of New South Wales, Australia, in respect of any dispute or legal proceedings relating to this competition, an entrant’s participation in this competition, and the acceptance, use and enjoyment of the prize or any part of the prize.