1 Ziff Davis Australia Pty Ltd. COMPETITION GAME OF SKILL TERMS AND CONDITIONS Dell E3 Competition ( the the " Competition ") promoted by Ziff 1. By participating in Davis and Conditions Australia Pty Ltd (the "Promoter"), you agree to these Official Terms . When you enter the Competition , these Terms and (the “Terms and Conditions”) between you and the Promoter , so read them carefully Conditions become a contract T his contract includes , without limitation, an before participating. n demni fication by you of i the released parties listed below and a limitation of your rights and remedies. The romoter ’s address is Jones Bay Wharf, Suite 60, 26 - 32 Pirrama Road, 2. P Pyrmont NSW 2009. ABN: 35 163 234 357. . Entry is open to users who are legally resident in Australia and are eighteen (18) 3 . years of age or over Competition pursuant to these Entrants who are eligible to enter the Terms and Conditions are referred to as . ” “Eligible Entrants 4 . All previous winners of any Competition promoted by Promoter during the nine (9) month period prior to the Selection Date are not eligible to enter. Any individuals (including, but not limited to, employees, consultants, independent contractors and interns ) who have, the within the past six (6) months, held employment with or performed services for or any organizations affiliated with the sponsorship, fulfilment , administration, Promoter Competition es”) are not prize support, advertisement or promotion of the (“Employe eligible to enter or win. Immediate Family Members and Household Members are also not eligible to enter or win. “Immediate Family Members” means parents, step - parents, legal - guardians, children, step - siblings or spouse s of an Employee. children, siblings, step “Household Members” means those individuals who share the same residence with an Employee at least three (3) months a year. rd 5 . The Competition commences at 10am AEST on May 2019 and closes Friday, 3 th AEST ON Tuesday, 14 (the “ May 2019 at 10am Competition Period”). There will be one (1) winner for the Competition (collectively, the “Prize Winner”). https://www.au.ign-hub.com/ 6. To enter the Competition, entrants must go alienware-e 3-giveaway/ and answer the following question in 25 words or less: “What game are you most excited to hear about at E3 and why? Only one entry per person will be accepted. Subsequent attempts made by the same individual to submit multiple entries by using multiple accounts or otherwise may result in disqualification of the entrant. 7. Entries submitted by any other means other than as specified in these Terms and Conditions . Any illegible, incomplete or fraudulent entries will be will not be accepted rejected. Use of script, macro or any automated system to enter the Competition is prohibited and entries made (or which app ear to have been made, in Promot e r’s sole discretion) using any such system may be treated as void. All entries become the property of the Promoter. Participants must follow the directions provided by the Promoter and
2 otherwise be bound by and follow thes e Terms and Conditions to be eligible to receive a rize in connection with the Competition Participants may not take actions that are P . offered in connection with prize negligent, injurious or reckless in pursuit of any . Participants who do not follow this rule will be disqualified from Competition the the Competition. Participants alone are responsible for any injuries or other of their behavior. damages that are caused or incurred as a result . Each entry will be individually judged based on literary and 8 creative merit of the answer provided to the promotional question. The one (1) who meet s the judging criteria; 75% creativity, 25% literary will be selected as the winners of the Competition on th Wednesday, May 2019 (the “Selection Date”) . The 15 decision of the judges is final and no correspondence will be entered into with regard to the judges’ decision. This is a game of skill and chance plays no part in determining the Prize Winner. , phone and/or post no later than 9 . The Prize Winner will be notified by email th Wednesday, 15 . Any prizes th at have not been claimed by the Prize W inner May 2019 seven days (7 days) within from the day of notification will be reallocated to the next best The alternative Prize Winner has seven days eligible entry as determined by the judges . from the day of notification in which to claim their prize or a (7 days) nother alternative . on the IGN website on The Prize Winner will be published Winner will be selected Prize th May 2019. Thursday, 16 . The Prize Winner will be selected and contacted by Promoter in accordance with 10 . these Terms and Conditions Prize Winner is determined to be ineligible to receive any If rize , the Promoter may, in its sole and absolute discretion, give away the Prize to an P the . If you are selected as a Prize Winner , y ou will be required to alternative Prize Winner e.g., email or other secure, private means) provide your name, address, age by privately ( ation necessary to receive the P rize. The name, contact number and other personal inform of the Prize Winner will be passed to a third party provider for the purpose of and address of the Prize delivery . Competition s are subject to all applicable laws, rules or regulations and these Terms and Conditions . (i.e., the “Prize Winner”) There will be one (1) to tal winner . for the Competition who 1 1 (s) (collectively, the “Prize”) : will receive the following prize Two (2) r e turn airfares ( the Prize Winner and one (1) guest ) on the airline of the - Promoter’s choice from the Prize Winner’s closest capital city; Four (4) nights accommodation - (twin/double share) (the Prize for two (2) people Winner and one (1) guest in Los Angeles; - Five hundred dollars ($500) spending money for the Prize Winner; A irport transfer costs, if any, for the Prize Winner and one (1) guest (excluding cost - ; and of travel to/from departure airport) - Two (2) p asses for the Prize Winner and one (1) guest to attend the E3 Event, th th scheduled to take place from Tuesday, 11 June 2019 through Thursday, 13 June 2019 at the Los Angeles Convention Centre, Los Angeles. The total estimated retail value of the Prize is six thousand Australian dollars ( $ 6000 AUD ) . th The Prize Winner and their guest must be available for travel between 10 June 2019 th and 14 for proper June 2019. The Prize Winner and their guest are solely responsible
3 travel documentations (eg. Passport with a minimum of 6 months’ validity ), travel and . The Prize Winner and insurance, cost of travel to and from the departure airport their guest are responsible for organising transport to and from the airport of initial Unless expenses are expressly stated in these terms and departure and final return. conditions to be expenses which are part of the Prize, all other expenses incurred by the re the responsibility of Prize Winner and their guest in preparation for, or during the trip, a the Prize Winner and their guest, including but not limited to, all meals, spending money, incidentals, mini - bar, laundry, tips, room service, telephone calls, transfer fees (other than specified), excess baggage, government taxes, airport charges and all other ancillary and personal costs. Return economy flights depart from the closest airport to the Prize Winner which is Adelaide, Brisbane, Darwin , Melbourne , located in either Perth or Sydney . The Prize Winner a nd their guest must depart and return from the same city and must travel together on the same flights and must stay in the same accommodation . The Prize Winner and their guest each give Promoter and the Sponsor permission, without further compensation, to use and publish the Prize Winner and their guest’s names, likeliness’s, photographs, voices and biographical information for advertising, publicity, promotion and any other purposes, on the Internet and through any other medium of advertising or communica tion as the Promoter and its agents may choose, throughout the world. The Prize Winner and their guest may each be required to execute a publicity release as requested by Promoter, and if the Prize Winner and/or the guest refuses to sign the release, the P rize will be forfeited and Promoter will choose an Promoter will not have any obligation (express or implied) to use any Alternative Winner. camera footage taken of the Prize Winner or their guest. Disruptive, annoying, harassing or threatening behaviour by the Prize Winner and/or their guest or acting in a manner that brings the Promoter or the Sponsor into public, disrepute, contempt, scandal or ridicule is strictly prohibited. alternative travel plans will be arranged should the Prize Winner No compensation or - and/or their guest miss their outbound or return flights or fail to meet any check in requirements for any reason. These costs will be the sole responsibility and expense of the winner and their guest. A credit card imprint may be required from the Prize Winner at check - in to the hotel accommodations for all incidental charges. Once the booking is confirmed no changes are allowed, unless otherwise authorised by te discretion and if permitted will incur a fee of AUD $150 the Promoter in its absolu including GST plus supplier charges which are payable by the Prize Winner. Travel suppliers/airlines to be chosen at the discretion of the Promoter. Comprehensive travel insurance is compulsor y and at the expense of the winner and their guest. 1 2 . as stated and cannot be rize must be accepted by the Prize Winner The P d for other goods and services or redeemed as transferred to another person, exchange
4 cash in whole or in part. Any element of a Prize which is not accepted will be forfeited, and no compensation will be paid in lieu of that element of the Prize. Should a Prize be unavailable at the time that th , e Promoter seeks to acquire the Prize for the Prize Winner Promoter reserves the right, in its sole and absolute discretion, to substitute with an alternative of equal or greater value or to substitute a cash alternative for any Prize. The Promoter accept s no responsibility for any variation of the Prize or any aspect of the Prize due to circumstances outside its reasonable control. In any such event, an alternative Prize or element of the Prize will be arranged. rize is awarded on an You agree that the P “ basis and that neither the Promoter as is” its parents, subsidiaries or affiliated nor any of companies make any representations or warranties of any nature with respect to the Prize. Each Prize Winner in the Competition is solely responsible for any and a ll applicable taxes (including income and withholding taxes on any P P rize, in rize), regardless of whether the whole or in part, is used. The actual retail value of any Prize is based on available information provided to Promoter and the value of any Prize the Prize Winner awarded to must be reported for tax purposes as required by law. Prizes may subject to the terms and conditions of a third party prize provider which will be made available by such third party; in such instance, any complaints or queries relating to the use of the Prize should be directed to such third party prize provider. As a condition of accepting a Prize, the Prize Winner, and any other person(s) sharing the Prize with the Prize Winner, may be required to sign legal documentation as and in the form required by the Promoter including but not limited to a further agreement to exclude liability of the Promoter for certain loss, damage or injury arising from the use or participation in a Prize to the extent the Prize is or includes a recr eational service or activity. 1 Except for any liability for death or personal injury caused by its negligence, fraud 3 . or any other liability , the Promoter and its parent that cannot be excluded by law , subsidiaries, affiliated companies, units and divisions, and the current and companies former officers, directors, employees, shareholders, agents, successors and assigns of each of the foregoing, and all those acting under the authority of the foregoing or any of promotion al agencies and prize them (including, but not limited to, advertising and (collectively, the "Released Parties") exclude all liability, suppliers) claims, actions, injury, tively, “Claims”), loss, damages, liabilities and obligations of any kind whatsoever (collec whether known or unknown, suspected or unsuspected, which entrants have ever had, now have, or hereafter can, shall or may have, against the Released Parties (or any of , theft, unauthorised them), including, but not limited to, all Claims for personal injury access or third party interference arising from or related to: (a) the Competition ; and (b) the receipt, ownership, use, transfer, sale or other disposition of the Prize , including, but not limited to, claims for personal injury, deat . h, and/or property damages 1 4 . Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under any law (including the Australian Consumer Law ( ” ACL ” ), and consumer guarantees relating to goods or services under the ACL) which may not be excluded, restricted or modified by agreement ( “ Your Consumer Rights ” ). Subject to Your Consumer Rights, the Promoter is not liable for any loss or damage however caused (including by negligence), suffered or incurred in co nnection with the Promotion or the prize. Any condition or warranty which would be implied by law into these terms and conditions is excluded.
5 1 . The Promoter is not responsible for any problem or technical malfunction of any 5 network or any late, lost, incorrectly submitted, delayed, website or communications whether due to error, transmissi on ineligible, incomplete, corrupted or misdirected entry The Promoter reserves the right to disqualify any entrant interruption or otherwise. ich, in the opinion of the Promoter, includes objectionable content, submitting an entry wh including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language. The Promoter’s decision is final. 1 6 . If , for any reason , the Competition is not capable of running as planned, including , but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the reasonable control of the Promoter whic h corrupt or affect the administration security, fairness, integrity or proper conduct of this Competition, the Promoter reserves the right in its sole discretion to /or to cancel, terminate, disqualify any individual who tampers with the entry process, and modify or suspend the Competition. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alterati on of, entries beyond its reasonable control. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from pa rticipation or downloading any materials in this Competition. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION, MAY BE A VIOLATION OF CRIMINAL AN D CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. Prize Winner 1 7 . The parents, , by acceptance of the P rize, grant s to Promoter and its subsidiaries, affiliates, designees the right to publicize his or her name, and assigns address (city and country of residence), photograph, voice, statements and/or other likeness and prize information for advertising, and/or trade a nd/or any other promotional purpose ("Winner Information") in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, except where prohibit ed by law. The Prize consideration, permission or notification, agree s to participate in reasonable publicity activities surrounding the Competition Winner the By acceptance of the Prize, Prize Winner also grant as requested by the Promoter. s the Promoter and its parents, subsidiaries, licensees, successor and assigns, a perpetual, - - exclusive license to reproduce, prepare derivative works of, fully paid, irrevocable, non distribute, display, exhibit, transmit, broadcast, televise, digitize, per form and otherwise use and permit others to use, and throughout the world, their entry materials in any manner, form, or format now known or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of the Competition, the Promoter and/or its products and services, without further consent from or By entering the compensation to the Prize Winner . Competition , entrants consent to receive notification of future promotions, advertisements or sol icitations by or from Sponsor and/or Sponsor’s parent companies, affiliates, subsidiaries and business partners, via email or other means of communication.