PAUL MCCARTNEY TICKETS COMPETITION TERMS AND CONDITIONS
- The Promoter is Baker Love Lawyers of 30 Dan Rees Street, Wallsend, NSW 2287 and will be hereafter referred to as the “Promoter.”
- All persons entering this competition shall be hereafter referred to as “Entrants”.
- The Promoter is offering the chance to win a double pass to the Paul McCartney concert being held at McDonald Jones Stadium on Tuesday 24 October 2023 (“the Prize”) valued at $308.65 (“the Competition”).
- Entries to the Competition shall commence on Monday 25 September 2023 and entries shall close at 11.59pm on Sunday 15 October 2023. After this date no further entries to the Competition will be permitted.
- The Winner shall be announced on or about Tuesday 17 October 2023.
In the interpretation of these Terms and Conditions, unless the context otherwise requires, the following rules apply:
(a) Headings and subheadings are for convenience only and do not affect interpretation;
(b) Words denoting the singular number include the plural, and the converse also applies;
(c) Words denoting any gender include all genders;
(d) A defined word or expression has corresponding effect in relation to its other grammatical forms;
(e) Any reference to dollars or “$” is to Australian currency;
(f) Any reference to a party to any agreement or document includes its executors, administrators, legal personal representatives, successors and permitted assigns and substitutes by way of assignment or novation;
(g) Any reference to any agreement or document includes that agreement or document as amended, ratified, supplemented, novated or replaced at any time;
(h) Any reference to a provision, comprising a clause, recital, schedule, annexure, exhibit, appendix, or attachment, is a reference to a provision of these Terms and Conditions;
(i) Any reference to any legislation or regulation includes amended, replacement and successor provisions or legislation;
(j) The words “include”, “including”, “for example”, and similar expressions are used without limitation;
(k) The expression “at any time” includes reference to past, present and future time and the performance of any action from time to time and any liability at all times during any specified period;
(l) Any liability, representation or warranty undertaken by, or right conferred on, two (2) or more persons binds or benefits all of those persons jointly and each of them severally;
(m) If any provision of these Terms and Conditions are wholly or partly invalid, unenforceable, illegal, void or voidable, the Agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance;
(n) Time is of the essence in these Terms and Conditions, except that no delay by the Promoter in exercising any right or power will operate as a waiver of that right or power, nor will any single or partial exercise of any right or power preclude any other of further exercise of that right of power;
(o) These Terms and Conditions are the entire agreement between the parties and supersede any and all communications, negotiations, arrangements and agreements, whether oral or written, between the parties in respect of the matters that are the subject of this Agreement;
(p) The Promoter shall take all reasonable steps to ensure that any personal information is securely held and protected from misuse or unauthorised access;
(q) No party will be liable for any delay or failure to perform its obligations pursuant to this Agreement where such delay is due to Force Majeure (pursuant to clause 3);
(r) This Agreement shall be governed by and construed in accordance with the laws of New South Wales; and
(s) The Australian Consumer Law provides rights that are not affected by these Terms and Conditions and any provision in this Agreement is subject to the implied Terms and Conditions of that and any corresponding Federal legislation.
To enter this Competition, an Entrant must be available to attend the concert on Tuesday 24 October 2023 and fulfill the remainder of the criteria set out herein.
The directors, officers and employees of the Promoter and their immediate families are not eligible to participate in this Promotion. ‘Immediate family’ means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-sister or first cousin.
Subject to the above eligibility criteria, the Promoter has the sole discretion to accept or deny an entry to the Competition.
- Competition Entry and Rules
Entrants enter this Competition by:
- Following Baker Love Lawyers on one of the firm’s social media Pages;
- Tagging a friend on that same social media platform that they wish to take to the concert with them; and
- The friend also following Baker Love Lawyers’ social media page that they were tagged on.
Entrants must enter the Competition in accordance with this clause and these Terms and Conditions to enter the Competition. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid.
The time of the entry will be the time the entry is received by the Promoter.
There is no maximum number of entries, but a ‘friend’ (as per clause 3(2) above) may only be tagged once and regardless of how many times that ‘friend’ is tagged there is only one entry per friend per social media platform, assuming the remainder of the criteria has been met.
The Promoter accepts no responsibility for any late, lost, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims, or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise, including those entries not received by the promoter for any reason.
- Liability and Waiver
No responsibility is accepted by the Promoter for entries that are not received for any reason.
The Promoter reserves the right to cancel and/or amend this Competition and the Terms and Conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the Promoter’s control (“Force Majeure”). Any changes to the Competition will be notified to Entrants as soon as reasonably possible by the Promoter.
The Promoter is not responsible for inaccurate prize details supplied to any Entrant by any third party connected with this Competition and no cash alternative to the prize shall be offered. The prize is not transferable and is subject to availability, and the Promoter reserves the right/s to substitute any prize with another of equivalent or similar value, without giving notice.
Entrants and their guest(s) to the event, indemnify the Promoter for any loss, claim, or liability directly arising out of or indirectly arising as a result of this Competition and/or the Terms and Conditions. Each Winner is responsible for all associated costs with the Prizes, including where applicable, travel, accommodation, and any other ancillary costs.
The Promoter will not be liable for any delay, damage, or loss in the transit of the Prize.
- Conduct of the Prize Draw
All Entrants will be placed into a draw, to be conducted on Tuesday 17 October 2023 by way of random selection from a computed based random number generator system.
The Winner will be notified by email and/or via social media messaging on Tuesday 17 October 2023. Notification to the Winner will be deemed to have occurred on the earlier of the time the Winner receives actual notification from the Promoter or two business days thereafter. The notification will include details of how the Prize can be claimed.
The Prize is not transferable, substitutable, or exchangeable, nor redeemable for cash.
If the Winner cannot be contacted or does not claim the prize within 48 hours of the notification, the Promoter reserves the right to withdraw the prize from the Winner and select a replacement Winner.
The Promoter takes no responsibility where it is unable to contact the Winner where the Winner has provided incorrect or incomplete contact details. If an Entrant’s contact details change during the period of the Competition, it is the responsibility of the Entrant to notify the Promoter.
The Promoter’s decision in respect of all matters to do with the Competition will be final. By entering this Competition, an entrant is indicating his/her/their acceptance and agreement to be bound by these Terms and Conditions.
- Rights of the Promoter
The Promoter reserves the right to:
- cancel or suspend the Competition, should the security, fairness, integrity, or proper operation of the Competition be compromised in any way by IT errors, unauthorised human intervention, or other causes beyond the reasonable control of the Promoter;
- disqualify any Entrant who engages in offensive, illegal or objectionable conduct in respect of this Competition;
- disqualify any Entrant who tampers with the entry process, or who submits an entry that is not in accordance with these Terms and Conditions;
- cancel, terminate, modify or suspend the Competition in accordance with any written directions given by any relevant government or regulatory authority to do so;
- request a Winner provide proof of age and identity or proof of residency at the nominated address;
- make a decision at their own complete discretion with respect to a situation or issue that arises for which these Terms and Conditions make no provision or in relation to which these Terms and Conditions are unclear.
This clause does not in any way limit any other rights which may be held by the Promoter.
- Social Media and Marketing
The Winner agrees to the use of his/her/their name and image in any publicity material of the Promoter. Any personal data relating to the Winner, or any other Entrants will be used solely in accordance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and will not be disclosed to a third party without the Entrant’s prior consent. The Winner’s name will also be published on the Promoter’s website.
This Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Media Platform/Medium. Entrants are providing their information to the Promoter and not to any other party.
- Confidential Information
- Except as permitted under this clause 8, must keep confidential all Confidential Information of the other party;
- May use the Confidential Information of the other party solely for the purposes of this Competition and the Terms and Conditions; and
- May disclose Confidential Information of the other party only: with the prior written approval of the other party, to officers, employees and consultants or advisers of the party or its Related Bodies Corporate (including, but not limited to the party’s insurers, insurance brokers and bankers) who:
- are aware and agree that the Confidential Information must be kept confidential; and
- either have a need to know (and only to the extent that each has a need to know), or as required to be disclosed by law or any order of any court, tribunal, authority or regulatory body.
- Each party must notify the other party immediately once it becomes aware of any breach of confidentiality and must take all reasonable steps necessary to prevent further unauthorised use or disclosure of the Confidential Information.
- Intellectual Property (IP)
Entrants acknowledge and agree that it is a condition that the Promoter is the owner of all Intellectual Property (IP) rights in all documents, agreements, Competition/s or other things created or contributed to by an Entrant.
If for any reason any creation or contribution of any documents, agreements, Competition/s or other things results in any rights, title or interests vesting in an Entrant, the Entrant must unconditionally and irrevocably assign all of their rights, title and interests to the Promoter (or any person nominated by the Promoter) and do all things necessary for this to occur.
The Entrant must do each of the following, pursuant to this Agreement and IP rights:
- Sign any necessary documents and do all things that the Promoter may require for perfecting the assignment of the IP rights; and
- Assist in all administrative and legal procedures before any relevant authority, court or other relevant body brought by, for or against the Promoter (or any person to whom the Promoter directs the Entrant to make an assignment. All materials, agreements and other matters related to the Competition solely remain the property of the Promoter.