Morrowind Memories Promotion

Conditions of Entry

Acceptance of conditions

1. Information regarding prizes and how to enter forms part of these conditions.  Persons who enter this competition (Entrants) accept these conditions.
   
   

Restrictions on entry

2.         Entry is open only to residents of Australia and New Zealand, and who are not directors or employees (or members of the immediate families of directors or employees) of the Promoter or of the agencies or companies associated with this competition. “Immediate families” includes spouse, de facto spouse, parent and natural, adopted step child or sibling, whether or not living in the same household as relevant director or employee of the Promoter.

If an entrant is under 18 years of age they must seek their parent or guardian’s permission prior to entering the competition. 

Duration of competition

1. The competition begins at 12.01am (AEST) on 5th May 2017 and closes 11.59pm (AEST) 10th June 2017 (Competition Period).

Method of Entry

1. To be entered in the competition, Entrants must, during the Competition Period, post their image, video or written response to the competition question on Twitter, Instagram or Facebook using the hashtag #MorrowindMemories.

Entrants are responsible for their own costs associated with accessing the internet.

Entrants acknowledge that all content posted on Twitter, Instagram and Facebook must be in accordance with the Twitter, Instagram and Facebook terms of use: (https://twitter.com/tos?lang=en, http://instagram.com/legal/terms/# and https://www.facebook.com/terms).

Any offensive, defamatory, misleading, disruptive statements or images posted on any social networking services using Twitter, Instagram or Facebook will render an Entrant’s entry invalid.

The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.

5.         Entrants may only enter this competition a maximum of once a day using Twitter, Instagram or Facebook.  All entries must be received by the Promoter during the Competition Period.  Entries are deemed to be received at the time of submission by the Entrant.  The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.  The Promoter has no control over communications networks or lines and is not liable for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.  The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.  Entrants who enter using duplicate photos, multiple email addresses, aliases or accounts may be disqualified.

Draw details

1. There will be one draw conducted at MDSA, 15 Grosvenor Street, Neutral Bay NSW 2089 at 2.00pm (AEST) on 13 June 2017.

1. All eligible entries received during the Competition Period will be entered into the draw. The winner will be notified in writing via their social media email account on or before 14 June 2017 and announced in The Australian newspaper on 20 June 2017. 

Prize details

1. There will be 2 prizes awarded. The first 2 eligible entries drawn will be the winners and each will receive one prize pack, including:

A custom The Elder Scrolls: Online PS4 console valued at AU$560.99;

Prize Pool

1. The total maximum prize pool value is AU$1121.98

Publicity

1. In consideration for the prize, the prize winner must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize and during the prize, free of charge, and consent to the Promoter using their name and image in promotional material without further compensation.
   
   

Exclusion of liability

1.  A winner has rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter. These rights include a statutory guarantee that any services provided by the Promoter will be rendered with due care and skill and that any goods will be of acceptable quality. These terms of entry do not exclude, restrict or modify those statutory rights in any way. 

The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

1. Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage in transit to prizes, or for any consequences of the winner or any of their companions not complying with any applicable laws and regulations regarding the use of the prize.

Facebook, Twitter and Instagram

1. Entrants acknowledge that all content posted on Facebook, Twitter and Instagram must be in accordance with their applicable terms.

Awarding prize

1. The Promoter may require the winner to provide proof of identity, proof of age and proof of residency at the nominated prize delivery address.  Identification considered suitable for verification is at the Promoter’s discretion.

Disqualification of entries

1. If the winning entry is deemed not to comply with these conditions of entry, the entry will be discarded and a new winner of that prize will be determined by drawing a further valid entry in accordance with condition 6.  The Promoter’s decision is final and no correspondence will be entered into.

The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this competition by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the competition or acts in violation of these conditions of entry, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person, or acts fraudulently.  The Promoter may in its absolute discretion cancel the prize or otherwise cease to provide any benefit of the prize to the prize winner if the winner (or any of their companions), in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate or the agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate.

The Entrant agrees that:

1. the Entrant must not submit any entry that is unlawful, fraudulent, defamatory, offensive, obscene, derogatory, discriminatory, pornographic, sexually inappropriate, insulting, scandalous, violent, abusive, harassing, threatening, inflammatory, not suitable for children under 15 years, unlawful, libellous, hateful, objectionable in relation to race, religion, ethnicity or gender, capable of encouraging conduct that would be considered a criminal offence, capable of violating any law, capable of giving rise to a civil liability or otherwise unsuitable or inappropriate;
2. the Entrant must not submit any entry that breaches or may breach any intellectual property, privacy, publicity or other rights;
3. the entry is the Entrant’s own original independent creation and does not include any third party’s intellectual property or infringe any third party’s intellectual property rights;
4. the Entrant is fully responsible for the entry. The Promoter will not be liable for the entry or its use in any way;
5. before submitting the entry, the Entrant has obtained or obtains the consent of all persons who appear in the entry to in relation to the use of the entry for this competition;
6. the entry has not been published previously or used in any other promotion;
7. the entry will not contain viruses or cause injury or harm to any person or entity;
8. the Entrant will comply with all applicable laws and regulations, including without limitation, those laws governing intellectual property, content, defamation, publication, privacy and the access and use of computer or communication systems;
9. the Promoter may review all entry and may at any time reject, remove or take down any entry (wholly or partially) at its sole and absolute discretion without notice if it considers, discovers or suspects the entry not to comply with any of these Term and Conditions;
10. the Entrant must comply with all requests by the Promoter to remove, take down or edit any entry;
11. the Entrant grants the Promoter, its affiliates, agencies and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, disclose and display the entry for any purpose and in any media and medium, without compensation, liability, restriction on use, attribution of the Entrant’s Moral Rights (as defined in the Copyright Act 1968 (Cth)). Entrants warrant that they have full authority and rights to grant such rights to the Promoter;
12. the Entrants must not assert any Moral Rights in connection with their entry;

Changes in prize value

1. The prize is not transferable or exchangeable and cannot be redeemed for cash.  If the prize winner does not take an element of their prize at the time stipulated by the Promoter, then that element of the prize will be forfeited and cash will not be supplied in lieu of that element of the prize.  The Promoter accepts no responsibility for any variation in prize value.  Where the prize is unavailable for any reason beyond the control of the Promoter, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter, subject to the approval of the gaming authorities in each state and territory, where required.

Problems affecting competition

1. If for any reason any aspect of this competition is not capable of running as planned, including by reason of infection by computer virus, mobile network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries, subject to the approval of the gaming authorities in each state and territory, where required.

Unclaimed prize draw

1. In the event of the prize not being accepted or claimed by the winner/s within 3 months of the draw, the winner’s entry will be deemed invalid and the Promoter reserves the right to conduct a further draw at 2.00pm (AEST) on 27 September 2017 at the same location as the original draw as is necessary to distribute the prize/s, subject to any requirements of any gaming authority.  The winner/s will be notified in writing via their social media email account on or before 29 September 2017 and announced in The Australian Newspaper on 4 October 2017.

Tax statement

1. The Promoter is not liable for any tax implications arising from prize winnings.  Independent financial advice should be sought.  Where this competition involves, for GST purposes, supplies being made for non-monetary consideration, Entrants will follow the Australian Taxation Office’s stated view that where the parties are at arm’s length the value of goods and services exchanged is equivalent to the GST inclusive market values.

Privacy statement and Compliance with Customer Policies

1.  “Personal Information” is any information or opinion about an identified individual, or an individual that is reasonably identifiable and may include a person’s name, address, email address or phone number(s). The Promoter is bound by the Australia Privacy Principles contained in and forming part of the Privacy Act 1988 (Cth) (APPs).  By entering this competition, each Entrant agrees to the Promoter collecting, storing and using their Personal Information (including through its contractors or agents) for the purposes of:

1. conducting and administering the competition and, where appropriate, to award prizes; and
2. in assisting with improving its goods and services and to contact you in the future with special offers.

The Promoter may share your Personal Information with its Australian-related companies and others who assist in administering the competition. By entering this competition, each Entrant agrees that the Promoter may disclose the entrant's Personal Information if requested by law and may publish, or cause to be published, the winners' names and suburb of residence in media. Your Personal Information will be kept in accordance with the APPs and the Promoter's privacy policy which can be found on its website at https://www.zenimax.com/legal_privacy_us. To request access to the personal information that the Promoter holds on you or to remove your information from the Promoter's records, please write to the Privacy Officer at Level 2, 19 Rialto Lane, Manly 2095, with your name, address and your request.

1. The Promoter respects the policies of its customers which forbid the acceptance of awards, prizes or incentives by their employees in connection with their business or which require the business to determine the terms on which such awards, prizes or incentives may be offered in connection with their business.  The Promoter may require a prize winner to provide signed authorisation from an authorised officer of its employer confirming permission for the winner to accept the prize.
2. The Promoter the right to withhold the provision of any prize where it is aware or reasonably suspects that the provision of the prize would, or may be, in breach of any conduct or compliance policy of the Promoter or any third party (including its customers).

Promoter’s details

1. The Promoter is Zenimax Australia Pty Ltd (ABN: 30 165 946 690) of Level 2, 19 Rialto Lane, Manly 2095

Permit Numbers

1. Authorised under NSW Permit No. LTPS/17/13777

Governing law

1. These conditions of entry are governed by and construed in accordance with the laws of New South Wales.