PS4 Trickshot Terms and Conditions

“#PS4TRICKSHOT” 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 Australian residents.   3. Entrants under the age of 18 years must have parental/guardian approval to enter and further, the parent/guardian of the entrant 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 Australia Twitter and Instagram accounts (at “@PlayStationAU”), the PlayStation Australia Facebook Page (at www.facebook.com/PlayStationAU) and Eyasu’s YouTube channel.   9. To enter, individuals must complete all of the following steps in a single 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 hashtag “#PS4TrickShot” and the handle “@PlayStationAU” in the caption field, during the Minor Entry Period for that Trick Shot. For the sake of clarity, both the hashtag “#PS4TrickShot” and the handle “@PlayStationAU” must be included in the caption for the entry to be valid.   The public profile of the Twitter/Instagram account used to enter must contain sufficient personally identifiable information to adequately identify the entrant. Entries may only be submitted by the individual 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 30. If there is a dispute as to the identity of an entrant, the entrant will be deemed to be the owner of the Twitter/Instagram account the Video was uploaded to.   10. Once individuals have submitted a Video, they may have their Video uploaded onto www.nationalpremierleauges.com.au/ps4trickshot 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. In addition, any entrant that submits such content will not be eligible to win. Individuals will also be able to view the Video gallery at www.playstation.com.au/ps4trickshot.   11. Incomplete or indecipherable entries will be deemed invalid.   12. Multiple entries permitted, subject to the following: (a) each Video must be substantially unique; (b) each entry must be submitted separately and in accordance with entry requirements; and (c) only one (1) entry into the Draw (defined below) per Video (regardless of the number of times that Video is uploaded to Twitter and/or Instagram). For the sake of clarity, if an individual uploads the same Video more than once, they will only receive one (1) entry into the Draw in respect to that Video (i.e. they will not receive an entry for each time they uploaded that Video).   Minor Prize Component (Game of Skill)   13. This component of the promotion is a game of skill and chance plays no part in determining the Minor Prize winners.   14. The entries received in each Minor Entry Period will be individually judged against all other entries in that Minor Entry Period based on the originality and creativity of the Video submitted, and how well the entrant executed the relevant Trick Shot. The judging will commence for each Minor Entry Period at OMD, 32 Pyrmont Bridge Road, Sydney NSW 2009 on the dates outlined in the table below. The judges may select additional reserve entries in each Minor Entry Period that they determine to be the next best, and record them in order of merit, in case of an invalid entry or ineligible entrant. Entries in each Minor Entry Period will not be entered into any subsequent Minor Entry Period/s.  

Minor Entry Period

Judging Date

Minor Entry Period 1

8/07/2015

Minor Entry Period 2

7/08/2015

Minor Entry Period 3

8/09/2015

Minor Entry Period 4

8/10/2015

Minor Entry Period 5

9/11/2015

  15. The Minor Prize winners will be notified by a direct message to the winner via the relevant social media account (i.e. Twitter or Instagram). Each winner will then be required to contact the Promoter in order to organise acceptance of their prize. The Minor Prize winners’ names 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).   16. The best valid entry in each Minor Entry Period, as determined by the judges, will each win a white PlayStation4 game console, valued at $549.95 (“Minor Prize”).   Major Prize Component (Game of Chance)   17. This component of the promotion is a game of chance and skill plays no part in determining the Major Prize winner.   18. All valid and unique entries received during the Promotional Period (regardless of whether or not it was submitted during a Minor Entry Period) will be entered into the major prize draw (“Draw”). The Draw will take place at OMD, 32 Pyrmont Bridge Road, Sydney NSW 2009 ON 18/11/2015 at 12:00pm. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.   19. The Major Prize winner will be notified by a direct message to the winner via the relevant social media account (i.e. Twitter or Instagram). The winner will then be required to contact the Promoter in order to organise acceptance of their prize. The Major Prize winner’s name will also be published online at www.nationalpremierleauges.com.au/ps4trickshot from 20/11/2015.   20. The first valid entry randomly drawn in the Draw will win $5,000, awarded in the form of a cheque (“Major Prize”).   21. 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 winner, if any, will be notified by a direct message via the relevant social media account (i.e. Twitter or Instagram). The winner will then be required to contact the Promoter in order to organise acceptance of their prize. The Major Prize winner’s name will also be published online at www.nationalpremierleauges.com.au/ps4trickshot from 26/02/2016.   General   22. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) 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.   23. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.   24. The Promoter’s decision is final and no correspondence will be entered into.   25. If for any reason a winner does not take a prize (or an element of a prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.   26. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any directions from a regulatory authority.   27. Total prize pool value for the Minor Prize Component (game of skill) is $2,749.75.   28. Total prize pool value of the Major Prize Component (game of chance) is $5,000.   29. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.   30. Entrants 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. Entrants 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 entrant or the entrant 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 entrant agrees to indemnify the Promoter for any breach of the above terms.   31. As a condition of entering this promotion, each entrant 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.   32. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.   33. 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 entrant; or (b) subject to any directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.   34. Any cost associated with accessing Twitter or Instagram is the entrant’s responsibility and is dependent on the Internet service provider used.   35. 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.   36. 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 or entrant; or (f) taking/use of prize..   37. As a condition of accepting the Major Prize, the 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. In the event the Major Prize winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.   38. Participation in the promotion is dependent on entrants 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/).   39. This promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter or Instagram. Entrants understand that they are providing their information to the Promoter and not to Twitter or Instagram. The information an entrant 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 and Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.   40. 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 entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants 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).   41. The Promoter is Sony Computer Entertainment Australia Pty Limited (ABN 80 077 583 183) of PO Box 5023, Darlinghurst NSW 2010, telephone (02) 9324 9500.   NSW Permit No. LTPS/15/04434 ACT Permit No. TP15/06182