PS4 Trickshot Clubs Terms and Conditions

“#PS4TRICKSHOT CLUBS” PROMOTION TERMS AND CONDITIONS

 

Participation

 

1. Information on how to enter and the prizes forms part of the Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. All times indicated in these Terms and Conditions will be in AEST/AEDST, as applicable.

 

2. Entry is only open to PlayStation®4 National Premier League Clubs (“Clubs”). Entries must be submitted on a Club’s behalf by the players, fans and followers of the Club (“Participants”). Each Club will have a unique club hashtag (“Club Hashtag”), which will be communicated to Participants. By submitting an entry on behalf of a Club in this promotion, Participants will be automatically entered into the “#PS4TrickShot” Promotion” (Terms and Conditions available at www.nationalpremierleauges.com.au/ps4trickshot).

 

3. If a Participant is under the age of 18 years must have parental/guardian approval to enter participate and further, the parent/guardian of the Participant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.

 

4. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. 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.

Promotional Period

 

5. Promotion commences on 15/06/2015 and final entries close at 11:59pm on 5/11/2015 (“Promotional Period”).

 

6. There will be two (2) components to this promotion: (1) a Minor Prize Component (game of skill); and (2) a Major Prize Component (game of chance).

 

Entry Instructions

 

7. The Promotional Period will be divided into five (5) entry periods (each a “Minor Entry Period”), with entries for each Minor Entry Period opening at 9:00am and closing at 11:59pm on the dates outlined in the table below.

 

Minor Entry Period	Entries Open	Entries Close
Minor Entry Period 1	15/06/2015	6/07/2015
Minor Entry Period 2	15/07/2015	5/08/2015
Minor Entry Period 3	14/08/2015	4/09/2015
Minor Entry Period 4	15/09/2015	6/10/2015
Minor Entry Period 5	15/10/2015	5/11/2015

 

8. There will be a different video featuring a soccer-based trick shot challenge set by the Promoter for each Minor Entry Period (each a “Trick Shot”), which will be published at the start of each Minor Entry Period on the PlayStation Twitter and Instagram accounts (at “@PlayStationAU”), the PlayStation Australia Facebook Page (at www.facebook.com/PlayStationAU), the various Twitter, Instagram and Facebook accounts of Clubs, and Eyasu’s YouTube channel.

 

9. To be eligible to win a prize in a Minor Entry Period, Clubs must share the Promoter’s promotional video post for that Minor Entry Period via the Club Twitter, Instagram and/or Facebook account/s (“Share”). There will be one (1) promotional video post published by the Promoter at the commencement of each Minor Entry Period, and Clubs must Share this post within the applicable Minor Entry Period to be eligible.

 

10. To enter a particular Minor Entry Period, Participants must, on behalf of a Club, complete all of the following steps during that Minor Entry Period:

a) View the Trick Shot: view the Trick Shot set by the Promoter for that Minor Entry Period;

b) Complete the Trick Shot: create an original and creative short video (max. 30 seconds) that demonstrates them attempting to complete the Trick Shot set for that Minor Entry Period (“Video”); and then

c) Submit an Entry: upload the Video to their public Twitter or Instagram account, including the handle “@PlayStationAU”, the hashtag “#PS4TrickShot” and their Club Hashtag in the caption field, during the Minor Entry Period for that Trick Shot. For the sake of clarity, the hashtag “#PS4TrickShot”, their Club Hashtag and the handle “@PlayStationAU” must be included in the caption for the entry to be valid.

Entries may only be submitted by the Participant that created and featured in the Video (not by any additional participant/s in the Video), and all Videos must comply with and are subject to the provisions contained in clause 33. If there is a dispute as to the identity of a Participant, the Participant will be deemed to be the owner of the Twitter/Instagram account the Video was uploaded to.

 

11. Once a Participant has submitted a Video, they may have their Video uploaded onto the National Premier League Clubs page at www.nationalpremierleauges.com.au/ps4trickshot (“Website”) for public viewing. All Videos will be reviewed by the Promoter for compliance with these Terms and Conditions prior to being uploaded. Videos that contain prohibited or inappropriate content, or are otherwise in breach of these Terms and Conditions, as determined by the Promoter, may, at the discretion of the Promoter, not be published or removed from the Website at any time. Individuals will also be able to view the Video gallery at www.playstation.com.au/ps4trickshot.

 

12. There will also be leaderboard for each Minor Entry Period featured on the Website, which will include a tally of the number of valid Videos uploaded during that Minor Entry Period that included each Club’s Club Hashtag.

 

13. Incomplete or indecipherable entries will be deemed invalid. Retweets, regrams or purchased Tweets/Instagram posts will also be deemed invalid

 

14. Multiple entries permitted, subject to the following: (a) each Video must be substantially unique; (b) each Video must be submitted separately and in accordance with entry requirements; (c) a maximum of three (3) Minor Prizes per Club permitted; and (d) a Minor Prize cannot be awarded to the same Club in two (2) consecutive Minor Entry Periods. For example, if a Club won a Minor Prize in Minor Entry Period 1, they will be ineligible to win a Minor Prize in Minor Entry Period 2, but will be eligible to win a Minor Prize again in Minor Entry Period 3.

 

Minor Prize Component (Game of Skill)

 

15. This component of the promotion is a game of skill and chance plays no part in determining the Minor Prize winners.

 

16. At the end of each Minor Entry Period, the Promoter will tally up the number of valid Videos that included each eligible Club’s Club Hashtag during that Minor Entry Period (each a “Hashtag Total”). For the sake of clarity, if the Club did not Share the Promoter’s promotional video post for that Minor Entry Period (in accordance with clause 9), they will not be eligible to receive a Minor Prize in that Minor Entry Period.

 

17. Subject to clause 17, the three (3) eligible Clubs with the highest Hashtag Total for each Minor Entry Period will each win $1,000 for the Club (“Minor Prize”). The Minor Prize will be awarded in the form of a cheque made payable to the winning Club.

 

18. In the event of a tie between two (2) or more Clubs for one of the Minor Prizes in a Minor Entry Period, an authorised representative of each tied Club must provide an answer to the tie-breaker question “Why does your club deserve to win?” in 25 words or less. The Club that provides the best answer (as determined by the Promoter) to the tie-breaker question in the timeframe requested by the Promoter will be declared the winner. Answers will be individually judged based on originality, literary merit and creative merit.

 

19. Each winning Club’s social ambassador (as registered with the National Premer League) will be notified via email, and the name of the winning Clubs will also be published online at www.nationalpremierleauges.com.au/ps4trickshot on 10/07/2015 (for Minor Entry Period 1), 10/08/2015 (for Minor Entry Period 2), 10/09/2015 (for Minor Entry Period 3), 12/10/2015 (for Minor Entry Period 4) and 11/11/2015 (for Minor Entry Period 5).

 

Major Prize Component (Game of Chance)

 

20. This component of the promotion is a game of chance and skill plays no part in determining the Major Prize winner.

 

21. To be eligible to receive an entry into the Draw (defined below), a Club must have Shared the promotion (as outlined in clause 9) in all five (5) Minor Entry Periods. For the sake of clarity, Clubs that Shared the promotion in four (4) or fewer Minor Entry Periods will not receive an entry into the Draw.

 

22. The draw will take place at OMD, 32 Pyrmont Bridge Road, Sydney NSW 2009 on 18/11/2015 at 12:00pm (“Draw”). The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible Club is drawn.

 

23. The winning Club’s social ambassador (as registered with the National Premer League) will be notified via email, and the name of the Club will also be published online at www.nationalpremierleagues.com.au/ps4trickshot on 20/11/2016.

 

24. The first valid entry randomly drawn in the Draw will win $10,000 (“Major Prize”). The Major Prize will be awarded in the form of a cheque made payable to the winning Club.

 

25. A draw for the Major Prize, if unclaimed, may take place on 22/02/2016 at the same time and place as the original Draw, subject to any directions from a regulatory authority. The winning Club’s social ambassador (as registered with the National Premer League) will be notified via email and the Club’s name will also be published online at www.nationalpremierleagues.com.au/ps4trickshot on 26/02/2016.

 

General

 

26. The Promoter reserves the right, at any time, to verify the validity of entries, Participants and Clubs (including a Participant’s identity, age and position in the Club) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

 

27. If there is a dispute as to the identity of a Participant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Participant and their Club.

 

28. The Promoter’s decision is final and no correspondence will be entered into.

 

29. If for any reason a Club does not take a prize, then the prize will be forfeited.

 

30. Total prize pool value for the Minor Prize Component (game of skill) is $15,000.

 

31. Total prize pool value of the Major Prize Component (game of chance) is $10,000.

 

32. Prizes, or any unused portion of a prize, are not transferable or exchangeable.

 

33. Participants agree that they are fully responsible for any materials they submit via the promotion including but not limited to Videos (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Participants warrant and agree that:

(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;

(b) their Content shall not contain viruses or cause injury or harm to any person or entity;

(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;

(d) the Content is the original work of the Participant or the Participant has obtained full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;

(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and

(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

Without limiting any other terms herein, the Participant agrees to indemnify the Promoter for any breach of the above terms.

 

34. As a condition of entering this promotion, each Participant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

 

35. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Participant or Club; or (b) subject to any directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

 

36. Any cost associated with accessing Twitter or Instagram is the Participant’s responsibility and is dependent on the Internet service provider used.

 

37. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

 

38. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner, Participant or Club; or (f) taking/use of prize.

 

39. As a condition of accepting a prize, an authorised representative of each winning Club winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

 

40. Participation in the promotion is dependent on Participants following and acting in accordance with the Twitter Terms of Use (which can be viewed at www.twitter.com/tos) or Instagram Terms of Use (which can be viewed at http://instagram.com/about/legal/terms/).

 

41. This promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter or Instagram. Participants understand that they are providing their information to the Promoter and not to Twitter or Instagram. The information a Participant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Twitter or Instagram. Twitter will not be liable for any loss or damage or personal injury which is suffered or sustained by a Participant as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.

 

42. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.playstation.com/en-au/legal/website-privacy-policy/. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Participant or Club. The Privacy Policy also contains information about how Participants and Clubs may opt out, access, update or correct their PI, how Participants and Clubs may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia (see the Promoter’s Privacy Policy for details).

 

43. The Promoter is Sony Computer Entertainment Australia Pty Limited (ABN 80 077 583 183) of PO Box 5023, Darlinghurst NSW 2010, telephone (0)2 9324 9500.

 

NSW Permit No. LTPS/15/04435 ACT Permit No. TP15/06183 VIC Permit No. 15/1220 SA Permit No. T15/994