BETHESDA ‘OUR ELDER SCROLLS ANZ’ PROMOTION

1.     These terms and conditions, including information on how to enter, and a description of the prize that may be won in the Promotion, apply to the “Bethesda Our Elder Scrolls ANZ” competition. These terms and conditions will be available to view on https://beth.games/2RADWey (Promotional Website), https://beth.games/2DfPVdz (Instagram T&Cs) https://beth.games/2DhlRhR (Facebook T&Cs), and https://beth.games/2PSBfI9 (Twitter T&Cs). Entry into the Promotion is deemed acceptance of these Conditions of Entry. Entry is via Internet only.

PROMOTIONAL PERIOD

  1. The Promotion commences at 0:00am midnight (AEDT) for Australian residents (02:00am (NZDT) for New Zealand residents) on 16/11/2018 and ends at 11:59pm (AEDT) on 31/12/2018 for Australian residents (1:59am (NZDT) on 01/01/2019 for New Zealand residents) (Promotional Period).

ELIGIBILITY

3.     To enter the Promotion, entrants must be a lawful citizen or permanent resident of Australia or New Zealand, and eighteen (18) years of age or older (and at least the age of majority in their jurisdiction of residence at the time of entry) and in the event that their entry is judged to be the major prize winning entry, are able to travel to and remain in Los Angeles, California for four (4) nights from 9 -12 June 2019 (inclusive) in order to accept and participate in the Major Prize as set out at Condition 18 (each an Entrant).

  1. Employees, officers, directors, resellers, agents, affiliates and representatives of the Promoter and other participating partners, including their affiliated companies, parents, subsidiaries and advertising and Promotion agencies (collectively, Released Parties), and their immediate families and members of their households are ineligible to participate in this Promotion.  Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

5.     The Promotion is subject to all national, state and local laws. Promotion is void outside of Australia and/or New Zealand. The Promotion, and any website pages and advertisements relating thereto, is intended for viewing only within Australia and New Zealand. Entrants are ineligible to enter the Promotion if they are not physically located within Australia or New Zealand. 

HOW TO ENTER

6.     To enter the Promotion, Entrants must, during the Promotional Period:

  1. become a registered user of Instagram, Facebook or Twitter (Entrants who are already registered users of Instagram, Facebook and/or Twitter will not be required to complete this step). Entrants must ensure that their Instagram, Facebook or Twitter account is set to ‘public’; and
  2. create an original response to the Promotional question: ‘I love the Australian & New Zealand Elder Scrolls Online community because ………..?’ either as a story, through an image, text, or video incorporate the hashtag #OurElderScrollsANZ and post their response on their Instagram, Facebook or Twitter account in the manner required by the applicable platform, to be eligible for the judging.

7.     All entries must be an independent creation by the Entrant and free of any claims that they infringe any third-party rights. Entries must not have been published previously and/or have been used to win prizes in any other competitions.

8.     Only one (1) Entry per person is permitted. Any subsequent Entry of an Entrant after the first valid Entry is received from that Entrant will be deemed invalid.

  1. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible Entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected Entries.
  2. Costs associated with accessing the Promotional Website, the Promoter’s social media channels and/or Instagram, Facebook or Twitter remain an Entrant’s responsibility and may vary depending on the Internet service or telecommunications provider used.
  3. Entrants who choose to enter via Instagram, Facebook or Twitter acknowledge that their personal Instagram page, Facebook page or Twitter account (as applicable) will be updated by entering the promotion and that their Entry and their name, username and/or profile photograph may be featured on the Promoter’s website and/or the Promoter’s Instagram and Facebook pages and/or Twitter account, and will be featured on their personal Instagram page, Facebook page or Twitter account and generally on Instagram, Facebook and/or Twitter for public viewing during the Promotional Period and in perpetuity (unless otherwise requested). Once an Entry is submitted, Entrants acknowledge that the Entry may not be withdrawn, altered or deleted (except as and where required by the Promoter).
  4. Instagram, Facebook and Twitter membership, applications and use of these platforms generally is subject to their prevailing terms and conditions of use at instagram.com/legal/terms/#, facebook.com/legal/terms and twitter.com/tos. The promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, Facebook or Twitter. Entrants understand that they are providing their information to the Promoter and not to Instagram, Facebook or Twitter. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Instagram, Facebook, Twitter and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about the promotion must be directed to the Promoter and not to Instagram, Facebook or Twitter.
  5. The decision by the Promoter to accept or reject an entry made using Instagram, Facebook or Twitter is in the Promoter’s sole discretion and no correspondence will be entered into. Any entry that contains content that the Promoter, in its sole discretion, considers to be offensive, obscene, crude or inappropriate in any way or that the Promoter considers may infringe any intellectual property rights or other rights of any person, corporation or entity will not be accepted as an eligible entry into the promotion. This includes but is not limited to any entry which the Promoter considers to be disparaging of any of its or any prize supplier’s products and/or services or is otherwise not in keeping with the spirit of the promotion.

  1. 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.

WINNER DETERMINATION

  1. All eligible Entries will be judged by a panel of appropriately qualified judges by 12:00PM noon (AEDT) on 18/01/2019 at Level 2, 19 Rialto Lane, Manly NSW 2095.

16.  All eligible Entries will be individually judged on a basis of originality and individual creative merit with the most well-thought-out responses deemed the winners. This is a game of skill and chance plays no part in determining the winners.

17.  The winners will be notified in writing via email or by phone within two (2) days of the judging. the name and localities of the Australian and New Zealand winners will be published on the Promotional Website on 08/02/2019 and will remain on the Promotional Website. All reasonable steps to notify the winners of the results of the judging will be taken by the Promoter.

PRIZES

  1. two (2) tickets to attend BE3 and E3 in Lost Angeles, California from 09/06/2019 – 13/06/2019 (Event);
  1. two (2) return economy airfares to the Los Angeles Airport (LAX) from the Australian or New Zealand capital city airport or closest to the ordinary residential address of the winner (Departure Point) (inclusive of airfare related taxes and charges). Flights to be nominated by the Promoter in its sole discretion and notified to the winner a minimum of 30 days prior to departure;
  1. four (4) night’s accommodation from 09/06/19 – 12/06/19 (inclusive) at a hotel located in Los Angeles, California in the vicinity of E3 (twin share) (or similar), as nominated by the Promoter in its sole discretion; and

  1. return transfers to and from the destination airport and the destination hotel.

  1. The prize must be taken between 09/06/2019 – 13/06/2019 (inclusive) to coincide with the Event, otherwise the prize is forfeited. Any element of the prize not taken at the time offered will be forfeited and will not be redeemable for cash. No extension or variation of the travel and or/accommodation dates is permitted. All components of the prize must be taken together when offered or are forfeited. The winner and their companion (if any) must depart from and return to the same Departure Point. The winner and their companion (if any) may not accrue frequent flyer points. The prize cannot be used in conjunction with travel discounts or special offers. Travel and accommodation are to be arranged by an agent nominated by the Promoter.

20.  Air tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. Flight itinerary may have to be adjusted depending on the airline’s departure city and their current flight schedule. The Promoter is not responsible for cancellation, delays or changes to flights or any part of the prize or for the inability of a prize winner to take up any part of the prize due to problems with flights, travel or other factor outside the Promoter’s control.

  1. The Event organisers reserve the right in their absolute discretion to change or amend the event program without notice. The Promoter accepts no responsibility for the cancellation, rescheduling, change or delay of the event for any reason beyond the control of the Promoter.

22.  The winner (and their companion) is responsible for all other expenses not expressly stated, but which may be incurred in acceptance and use of the prize, including spending money over what is stated, meals (unless specified), drinks, transfers (unless specified), laundry charges, activities (unless specified), incidentals, transport to and from the winners home and the Departure Point, transport to and from the destination hotel and the Event, taxes including arrival and departure taxes (if applicable) (excluding departure and any other flight associated taxes included within the prize), energy surcharges, gratuities, services charges, passports, visas, travel insurance and all other ancillary costs. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances. A credit card imprint or cash deposit may be required from the winner at check-in to the hotel, for all incidental charges. Once accommodation vouchers are issued, they are non-variable.

23.  The winner(s) and their companion(s) (if any) must conduct themselves in a responsible, courteous and friendly manner at all times whilst participating in the prize. Acceptance of the prize and participation in the prize is subject to any prevailing terms and conditions of travel/accommodation/transfers/services/suppliers/event organisers and any other prize suppliers, and in particular behaviour and safety requirements. The winner(s) and their companion(s) (if any) must follow all reasonable directions given by the Promoter and any event organiser or prize supplier during the course of their participation in the prize, including all directions in relation to behaviour and safety. The Promoter and any prize supplier reserve the right, in their absolute discretion, to disqualify, sanction and/or eject a winner and/or their companion (if any) from any prize related venue, or to refuse participation in certain activities, on the grounds of inappropriate behaviour, or safety reasons, or for any breach of these Conditions of Entry generally. If the winner or their companion (if any) fails to participate in the prize in the manner required, as stated in this condition and in the reasonable opinion of the Promoter, their entry and the balance of the prize will be forfeited with no compensation payable.

  1. It is the sole responsibility of the winner and their companion (if any) to ensure their entry into the USA, at their own expense, including ensuring all necessary passports are valid for six (6) months from date of travel and visas, travel authorisations including an Electronic System for Travel Authorization (ESTA) (if applicable), medical advice and recommended vaccinations and immunisations have been obtained prior to travel and, if required, on or by a date nominated by the Promoter. Failure to do so may result in the prize being forfeited. 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 traveller/s. The Promoter makes no representation as to the safety of the USA and it is the responsibility of the winner to check the travel advice issued by the Department of Foreign Affairs and Trade at www.smartraveller.gov.au and assess the safety of USA prior to travel.

MINOR PRIZES

25.  Minor Prize: The next 140 Entrants whose Entries are judged to be the best Entries from all eligible Entries received during the Promotional Period will each win ONE of the following Minor Prize Packs (distributed by the Promoter at its discretion) as set out below:

5,500 Crown Pack    PC    10
Doom Wolf Mount    PC    10
Mud Crab Pet    PC    10
ESO Plus™ 1 Month Subscription    PC    10
Nightmare Senche Mount    PC    10
5,500 Crown Pack    PS4    10
Doom Wolf Mount    PS4    10
Mud Crab Pet    PS4    10
ESO Plus™ 1 Month Subscription    PS4    10
Nightmare Senche Mount    PS4    10
5,500 Crown Pack    XBOX ONE    10
Doom Wolf Mount    XBOX ONE    10
Mud Crab Pet    XBOX ONE    10
Nightmare Senche Mount    XBOX ONE    10

  1. The total value of the Minor Prize pool for the Promotion is AUD$1,985.60 / $NZD$2,127.43.
  2. Minor Prize Packs will be distributed digitally to each of the winning Entrants, or via another platform as notified by the Promoter.
  1. The total maximum prize pool for the Promotion is AUD$8,897.69 / $NZD$9,533.31. The prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). The prizes must be taken as offered and cannot be varied. The prizes cannot be used or redeemed in conjunction with any other offer. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price including GST. Australian and New Zealand Dollars quoted always remain subject to prevailing exchange rates.

  1. If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu, subject to any written directions made under applicable Australian State or Territory or New Zealand legislation.

  1. A prize cannot be sold, scalped, auctioned, raffled, pledged or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If a prize is obtained through any of these methods, it will not be honoured by the Promoter or prize supplier.

31.  To the full extent permitted by the law neither the Promoter nor any of their associated agencies accepts any liability for any injury, damages, expenses or loss whatsoever (whether direct or consequential) to persons or property arising from or in connection with this offer.

32.  In the event that there is a dispute concerning the competition, the judge's decision is final and no correspondence will be entered into. 

  1. Each Entrant whose Entry is one (1) of the 141 best judged Entries must confirm their eligibility to be awarded a prize and their ability to accept and/or participate in the prize within fourteen (14) business days of being successfully notified by the Promoter that their Entry has been judged as one (1) of the 141 best judged Entries, otherwise their Entry will be deemed invalid. In the event that the Promoter cannot successfully contact an Entrant who submitted one (1) of the 141 best judged Entries within fourteen (14) business days of the judging, or in the event of an invalid Entry or an ineligible Entrant, or if the Entrant is ineligible to accept or declines to accept a prize, the Promoter may, in its sole discretion, award the prize to the next best judged Entry. The Promoter will continue this process until an Entrant has been successfully contacted and the Entrant has confirmed their eligibility to be awarded the prize. For the avoidance of doubt, only once an Entrant has confirmed their eligibility to be awarded a prize will the Entrant, subject to these Conditions of Entry, be deemed a winner of the judging.
  2. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into.

35.  Entrants can only enter in their own name and through one (1) Instagram, Facebook or Twitter account. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the competition and all entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid.

  1. Without limiting any of the provisions of these Conditions of Entry, the Promoter requires that each Entry fully complies with these Conditions of Entry and must not include or make reference to the Intellectual Property Rights of any person including but not limited to any visible logos, drawings, cartoons, phrases, trade marks, copyrighted material, mark that identifies a brand or other third party materials (excluding the Promoter where required for Entry into the promotion), unless the Entry is submitted with the written consent of the owner of the applicable Intellectual Property Rights. An Entry submitted without obtaining such written consent may result in the Entry becoming invalid for the purposes of the promotion and/or the Entrant being subject to legal liability.
  2. All right, title and interest, including in all Intellectual Property Rights, in all promotional materials and in the Promoter's brands, logos, trading names, products and/or services and will remain or be vested in the Promoter. Participation in the promotion by an Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any promotional material or in any of the Promoter's brands, logos, trading names and products and/or services. The Promoter, on a case by case basis and to the extent required, grants to each Entrant a non-exclusive licence for the Promotional Period to use the promotional material and the Promoter's brands, logos, trading names and products and/or services solely for the purpose, and to the extent necessary, to enable each Entrant to participate in the promotion.
  3. By entering the Promotion, each Entrant grants to the Promoter a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence (and agrees to use their best endeavours to procure any relevant third parties to grant to the Promoter such licence) to use their Entry for the purposes of marketing and promoting the Promoter and/or its goods and services in any manner and in any media whether existing now or in the future, without the further consent of the Entrant and without any further compensation payable to the Entrant. Each Entrant also expressly consents for the benefit of the Promoter to all or any acts or omissions that would ordinarily constitute an infringement of the Entrant’s moral rights in relation to all Intellectual Property Rights in their Entry pursuant to the Copyright Act 1968 (Cth), including the Promoter having an unfettered right to treat the Entry in any manner at its sole discretion.
  4. Entrants are solely responsible and liable for their Entries and any other information they transmit to other Internet users. The Promoter may delete or request the deletion of any content posted using #OurElderScrollsANZ, the Promotional Website or the Promoter’s social media accounts in accordance with its prevailing terms and conditions of use. Any Entries that are removed by the Promoter from #OurElderScrollsANZ, the Promotional Website or the Promoter’s social media accounts will not be considered eligible Entries for the purpose of the promotion. The Promoter is not responsible and excludes all liability (to the greatest extent allowable by law) for the content of any entries submitted for the purposes of the promotion (including but not limited to any illegal, incorrect or inaccurate content or third party advertising).
  5. To the extent permitted by law, each Entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses arising from: (i) a breach by the Entrant of any of these Conditions of Entry; (ii) any third party claim arising directly or indirectly from a breach by the Entrant of any of these Conditions of Entry; (iii) a negligent, wilful or otherwise wrongful act or omission of the Entrant; (iv) fraudulent or dishonest acts or omissions by the Entrant; (v) any breach by the Entrant of any applicable Laws; (vi) any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering the Promotion; (vii) the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; and (viii) any claim or allegation that the Entrant's Entry infringes a third party's Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another party's trade secret or confidential information.

41.  The Promoter reserves the right to request the Entrant to produce within the requested time appropriate photo identification or other documentation (to the Promoter’s satisfaction, in its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim a prize, and any information submitted by the Entrant in entering the competition, before issuing a prize. If the documentation required by the Promoter is not received by the Promoter or an Entrant or Entry has not been verified or validated to the Promoter’s satisfaction, then all the Entries of that Entrant will be ineligible and deemed invalid.

42.  The winner's travel companion must be over the age of 18.  The Promoter reserves the right to request a winner’s travel companion (if any) to produce within the requested time appropriate photo identification or other documentation (to the Promoter’s satisfaction, in its sole discretion) in order to confirm the travel companion’s identity and age before issuing a prize.

43.  A prize will only be awarded following any winner validation and verification that the Promoter, or its nominated agents, requires in their sole absolute discretion.

44.  If the Promoter forms the view in its sole discretion that an Entry or the entry process for any Entrant has been tampered with or otherwise does not comply with these rules or the terms and conditions, the Promoter reserves the right in its sole discretion to disqualify that Entry. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

  1. If for any reason the Promoter determines in good faith and its sole discretion that this competition is not capable of running as planned due to any agent or event beyond the control of the Promoter, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures, directions of regulators or industry self-regulatory bodies or any which might corrupt or affect the administration, security, fairness, integrity or proper conduct of this competition or which may change the intended result or prevent or hinder its determination, the Promoter may in its absolute discretion cancel, terminate, modify (including recommencing the Promotion on similar terms and conditions as and when determined by the Promoter) or suspend the Promotion and/or if necessary provide alternative prize(s) to the same value as the original prize(s), subject to any written directions made under applicable Australian State or Territory or New Zealand legislation.
  2. The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under a Consumer Law), for any direct or indirect injury, loss and/or damage arising in any way out of the Promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this Promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prize(s); and/or (iv) acceptance and/or use of any prize.
  3. An Entry and any copyright subsisting in an Entry irrevocably becomes, at time of entry, the property of the Promoter.

  1. All of the Promoter’s decisions in respect of the Promotion are final and no correspondence will be entered into.

PRIVACY

49.  The Promoter collects Personal Information about an Entrant to administer the Promotion, award the prizes and use the information in advertisements, publications, media statements and other Promotional material associated with the competition. To do this, the Promoter may disclose your Personal Information to its related bodies corporate and organisations to which the Promoter outsources functions, and organisations associated with this competition. If the Personal Information requested is not provided, the Entrant cannot participate in the Promotion and is deemed ineligible.

  1. An Entrant also agrees that the Promoter may, in the event the Entrant is a winner, publish or cause to be published the Entrant winner’s name and locality in any media, as required under the relevant Australian State or Territory or New Zealand lottery legislation.

  1. Entrants can gain access to, update or correct any of their Personal Information held by the Promoter by contacting the Promoter at privacy@support.zenimax.com. All Personal Information will be stored by the Promoter in accordance with the Promoter’s Privacy Policy. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be obtained by contacting the Promoter.

53.  As a condition of entering this Promotion, an Entrant consents to (and agrees to procure their companion’s consent, if applicable), in the event they are a winner, the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the Promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that, in the event they are a winner, they will participate in all reasonable Promotional activities in relation to the Promotion as requested by the Promoter and its agents and not sell or otherwise provide their story and or photographs to any non-related party.

54.  You agree that we may use the facilities of a third party with whom you have separately contracted, for example, a third party’s social media platform, to communicate or administer a member-only competition involving you. When we do this, you agree that any Promotions terms required by that third party apply in addition to these terms and conditions, including that you completely release the third party from all claims relating to the Promotion and that the Promotion is in no way sponsored, endorsed or administered by, or associated with, the third party.

56.  The Promoter is ZeniMax Australia Pty Ltd (ABN 30 165 946 690) of Level 2, 19 Rialto Lane, Manly NSW 2095.