MASTERCARD “AUSTRALIAN OPEN BEACH TENNIS” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The promoter is Mastercard Asia/Pacific Pty Ltd (Australia and New Zealand), ABN 95 108 603 345 , 72 Christie Street, St Leonards, Sydney, NSW 2065, Australia. Telephone 0294663700
3. Entry is only open to Australian residents aged 18 years or over.
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.
5. The Promotion will be conducted at the Australian Open Tennis Tournament (“AO”) during the following dates and times:
- 14 January 2019 – 18 January from 10am to 7pm AEDST
- 19 January 2019 from 10am to 6pm AEDST
- 20 – 24 January 2019 from 10am to 7pm AEDST
- 25 January 2019 from 2pm to 7pm AEDST
- 26 January 2019 from 12pm to 7pm AEDST
- 27 January 2019 from 3pm to 7pm AEDST
6. The Promotion Period is subject to change at the Promoters discretion.
7. To enter, individuals must complete the following steps during the Promotional Period:
a) Visit the Beach Tennis Court at the AO (“Court”) and line up in the queue;
b) Provide requested contact details to a Brand Ambassador at the Court entrance including first name, last name, email address and phone number; and
c) Confirm they accept these Terms and Conditions.
8. Only one (1) entry permitted per person.
9. 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process or who has engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions will 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.
10. 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.
11. Each participant will play a game of beach tennis (“Game”) against another participant. The two (2) participants will form a team (“Team”). Each Team will have an opportunity to play the longest rally which is the rally which goes for the longest time period (“Longest Rally). The Longest Rally will be measured by a rally timer (“Rally Timer”).
12. The following rules apply to each Game:
a) Participants must remove their shoes before entering the Court;
b) Participants who appear to be under the influence of alcohol are not allowed to enter;
c) No food or drink to be taken onto the Court;
d) Only two (2) players are allowed on the Court at one time;
e) An umpire will be present on the Court during all Games. The decision of the umpire is final;
f) Each Team will have five (5) attempts in the three (3) minute time period start their attempt at the Longest Rally;
g) A timer will countdown from three (3) minutes to zero (“Countdown Timer”);
h) When the Countdown Timer reaches 180 seconds, the Game ends. If a rally is still in play when the timer reaches 180 seconds, the umpire will stop the Rally Timer when the ball hits the sand;
i) The Rally Timer starts when the ball at the start of the rally is hit by the first participant; and
j) The Rally Timer stops when ball at the end of the rally hits the sand.
13. Any participant who in the absolute discretion of the Promoter and/or umpire is deemed to be behaving in an inappropriate, aggressive, offensive or unsportsmanlike manner, may be disqualified by the Promoter and/or umpire in its/their discretion.
14. Participants in the Team who obtain the Longest Rally will each win a $2,500 Ticketek voucher (“Voucher”).
15. The winners will be notified by telephone or email within two (2) days of the end of the Promotional Period.
16. Any ancillary costs associated with redeeming the Voucher are not included. Any unused balance of the Voucher will not be awarded as cash. Redemption of the Voucher is subject to any terms and conditions of the issuer including those specified on the Voucher.
17. In the event of a tie, each Participants will be required to submit a twenty-five (25) word or less answer to the following question “Why do you want to win the prize?” to the Promoter by the time indicated by the Promoter. Each answer will be individually judged based on literary and creative merit of the answer provided to the promotional question. The best answer, as determined by the judges, will be deemed the winner of the Game (“Game Winner”).
18. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
19. Subject to the unclaimed prize draw clause, if for any reason a winner does not take / redeem a prize (or an element of the prize) at / by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
20. 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 written directions from a regulatory authority.
21. Total prize pool value is up to $5,000.
22. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
23. Participants consent to 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 without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
24. 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 written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
25. The Participants of the Game acknowledge that if they choose to participate at their own risk. Participants must: (a) not be taking any prescribed medication that affects their ability to participate in the Game (b) not have any medical condition or injury that would make it dangerous to participate in the Game; (c) not be under the influence of drugs or alcohol; (d) not be pregnant or think they could be pregnant (e) comply with all directions of the Promoter and umpire at all times. The Promoter and Game organisers, in their absolute discretion, at all times reserve the right to: (a) prevent any Participant from participating in the Game if, at any time, they reasonably believe that the Participant poses a safety risk or for any other reason.
26. By participating in a Game, and accepting these Terms and Conditions, participants:
a) warrant that they consider themselves to be in good health and fitness and that they are able to participate in the Game;
b) acknowledge the Game may involve risk of physical harm or personal injury and they are willing to accept these risks; and
c) consent to receiving any medical treatment, such as first aid treatment that the Promoter or event management staff consider reasonably necessary during or after the Game.
27. 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 (Cth), as well as any other implied warranties under the ASIC Act (Cth) 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.
28. 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) if the 2017 Rugby League World Cup Final event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) attendance at an Event, taking of the Trip or participation in any game.
29. As a condition of accepting the prize, winners (and their companions) 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.
30. The Promoter will receive the winners’ personal data such as name, telephone number, email address and postal address from the winners for the purpose of their participation in the prize fulfilment only and the data will only be retained as long as necessary for such purpose (i.e. until a maximum of 3 months after the end of the promotion). Winners can request access to and/or rectification/correction of their personal data if incorrect. For these purposes the winners can contact the Promoter at the below address, send an email to firstname.lastname@example.org or by visiting the following website page https://www.mastercard.com.au/en-au/about-mastercard/what-we-do/privacy.html. By participating in the Promotion, the winners consent that their personal data may, for the same purpose as stated above, also be transferred to Promoter’s third party contractors including (CMGRP Pty Ltd [t/a Octagon]) as necessary to process the winners’ participation in the Promotion. Receiving a prize is conditional on providing the requested personal data.
31. For more information about Mastercard's data protection practices, see our Global Privacy Notice https://www.mastercard.com.au/en-au/about-mastercard/what-we-do/privacy.html, including our complaint handling procedures. Winners personal data will not be shared overseas.