Mastercard x Live Nation Troye Sivan

TERMS AND CONDITIONS

1. General

(a) Information on how to enter and the prize form part of these terms and conditions (“Terms and Conditions”). Participation in this ‘Troye Sivan Competition’ promotion (“Promotion”) is deemed acceptance of these Terms and Conditions.

(b) The promoter of the Promotion is Mastercard Asia/Pacific (Australia) Pty Ltd (ABN 95 108 603 345) of 72 Christie Street, St Leonards, Sydney, NSW 2065, telephone (02) 9466 3700 (“Promoter”).

2. Promotion Period. The Promotion will begin at 10:00AM AEST on 14 October 2024 and will close at 5:00PM AEST on 4 November 2024 (“Promotion Period”).

3. Entrant Requirements.

(a) Any person who enters the Promotion is an “Entrant”. Valid entry to the Promotion is only open to Australian residents aged 18 years or older (“Eligible Entrant(s)”).

(b) Employees (and their immediate families) of the Promoter, Live Nation, and any other agencies associated with this Promotion are ineligible to enter and shall not be deemed Eligible Entrants. 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 first cousin.

(c) By participating, the Entrant agrees to be bound by these Terms and Conditions and the Priceless Cities® Terms of Use, which can be found at: https://www.priceless.com/terms/en_AU

(d) The Entrants personal social media profile must be on public or be open to be contacted via direct message.

(e) The Promoter reserves the right, at any time, to verify the validity of Entries (as defined below) 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.

(f) 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.

(g) 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.

(h) EntrantsconsenttothePromoterusingtheirname,likeness,imageand/orvoiceintheeventthey 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.

(i) Any cost associated with accessing the Promotion website is the Entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an Entrant to automatically enter repeatedly is prohibited and will render all Entries submitted by that Entrant invalid.

(j) Without limiting any other terms herein, the Entrant agrees to indemnify the Promoter for any breach of the terms set out herein.

4. Entry Requirements

(a) Eligible Entrants must complete the following steps during the Promotion Period (“Entry(ies)”):

a. Follow the @mastercardau Instagram account

b. Like the promotional entry post on the @mastercardau Instagram account

c. Comment and tag a friend on the promotional entry post on the @mastercardau Instagram account

d. Multiple entries permitted subject to the following:

1. limit one (1) prize permitted per person; and

2. each entry must be submitted separately and in accordance with the entry requirements.

(b) Incomplete, indecipherable, or illegible Entries from Eligible Entrants will be deemed invalid.

(c) Entrants agree that they are fully responsible for any materials they submit via the Promotion including but not limited to comments, recordings and images (“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:

(i) 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;

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

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

(iv) the Content is the original artistic/literary work of the Entrant that does not infringe the rights of any third party or they will obtain 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;

(v) 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

(vi) 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.

5. Prizes and Prize Redemption

(a) This is a game of chance and winning Entries of Eligible Entrants will be selected at random at 10:00AM AEST on 5 November 2024 (“Winner(s)”). The judges may select additional reserve Entries, and record them in order, in case of an invalid Entry or ineligible Entrant. The Winners will be notified by Instagram direct message.

(b) There is Five (5) Winners to each receive one (1) prize (“Prize”). The Prizes include but are not limited to:

Two (2) GA tickets to Troye Sivan at the Sydney Opera House on 29/11/2024.
One (1) nights stay at Ace Hotel in Sydney, Medium Plus room for two (2) people total, checking in Friday, 29/11/2024.
Surprise prize pack provided by Ace Hotel to the value of $605. Surprise prize pack must be used during Prize stay.

(d) The Promoter’s decision is final and no correspondence will be entered into.

(e) If for any reason a Winner does not take the Prize at the time stipulated by the Promoter, then the Prize will be forfeited, and the Promoter’s decision shall be final.

(f) If the Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize with a Prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

(g) Prizes, or any unused portion of a Prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

(h) Sale, transfer or exchange of any part of a Prize is strictly prohibited. Any attempt to sell, transfer or exchange any part of a Prize will result in the Prize being withdrawn by the Promoter and the Prize will be declared null and void.

(i) The Promoter will not be held responsible for the Winners and/or guests not taking advantage of the Prize due to health or any other reason.

(j) The Prizes do not include any ancillary costs associated with taking each Prize including, but not limited to, any accommodation and/or travel costs associated with getting to and from the event location, and food or beverage consumed at the event location. For example, where a Prize is for tickets to an event in a particular city and the Eligible Entrant is not resident in that town city, the Eligible Entrant will be required to make their own arrangements to travel to that city. For Eligible Entrants that are resident in a different country to the country in which the event is located, each Eligible Entrant will also need to satisfy all immigration and biosecurity requirements for that country.

(k) As the Prizes are supplied by third party suppliers who are independent of the Promoter, each Prize is subject to the applicable supplier’s terms and conditions, including any applicable age restriction. The Promoter and each supplier hereby expressly reserve the right to eject any Winner (and/or his/her companion/s) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the Prize. Mastercard is not liable for any damage to property caused by Winners.

(l) As a condition of accepting the Prize, the Winner (and their companion/s) 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.

6. Publicity. Winners and/or companion agree to participate in related publicity accompanying or resulting from the Promotion without further recompense. This may include but is not limited to photographs taken which may be used for publicity purposes. By accepting a Prize, Winners and their guests grant the Promoter the absolute and irrevocable right and permission to use, publish, publicly display, perform, transmit, exhibit and reproduce their name, statements, video, voice, recordings, interviews, photographs or other visual or audible representations or likeness, in whole or in part, individually or in conjunction with other material, including without limitation, text, photographs or images in any medium (whether now known or hereafter invented) including, but not limited to the internet and other electronic and social media and for any and all purposes, publicity, Promotion, packaging and trade throughout the world without restriction as to manner, frequency or duration of use or any other purpose whatsoever in connection with this Promotion or in connection with the marketing of the products of the Promoter, or otherwise. Winners and guests further agree that all materials produced pursuant to the rights set out above shall and will remain the property of the Promoter.

7. Force Majeure, Modification, Cancellation.

(a) If this Promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including but not limited to, a Covid-19 lockdown, infection by computer virus, bugs, tampering, unauthorised intervention, acts or omissions of third parties, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion .

(b) 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, pandemic, 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.

(c) The Promoter reserves the right to cancel, suspend, terminate or modify the Promotion if fraud, technical failures or any other factor beyond the Promoter's reasonable control adversely affects the Promoter's ability to conduct the Promotion as contemplated in these Terms and Conditions, subject to state or territory regulation. In such event, the Promoter reserves the right to award the Prizes to one of the Eligible Entrants received up to the time of the cancellation or modification in accordance with the judging criteria set out herein. The Promoter also reserves the right to disqualify any individual it finds to be tampering with the Entry process or the operation of the Promotion or to be acting in breach of these Terms and Conditions or in breach of any law. Any attempt by any person to deliberately cause damage or undermine the operation of the Promotion may be a violation of criminal and civil law.

(d) Limitation of Liability. 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.

(e) 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 of the Prize(s).

8. Personal Data.

Mastercard will receive the Entrants’ personal data such as name, telephone number, email address and postal address from the Entrants for the purpose of their participation in the Promotion and the data will only be retained as long as necessary for such purpose. Entrants can request access to and/or rectification/correction of their personal data if incorrect. For these purposes the Entrants can contact the Promoter at the below address, send an email to privacyanddatausage@mastercard.com 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, Entrants consent that their personal data may, for the same purpose as stated above, also be transferred to Promoter’s third party contractors and partners including Live Nation as necessary to process the winners’ participation in the Promotion. Receiving a Prize is conditional on providing the requested personal data.

9. General.

(b) These Terms and Conditions may be changed, varied, modified and/or deleted by Mastercard in its sole and absolute discretion at any time and from time to time without any prior notice to any person and by participating in the Promotion each Entrant irrevocably and unconditionally accepts any such changes, variations, modifications and deletions.

(c) Any question concerning the legal interpretation of these Terms and Conditions will be based on NSW Australia law and the Courts of NSW Australia will have exclusive jurisdiction.

(d) If any of the provisions of these Terms and Conditions becomes or is invalid, illegal or unenforceable in any respect under applicable law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired and such invalid, illegal or unenforceable provisions shall be deemed severed from these Terms and Conditions and Mastercard shall be entitled to replace such severed provisions with such other provisions as it may deem fit.

(e) The headings to the clauses of these Terms and Conditions shall not be taken into consideration in the interpretation or construction thereof or of these Terms and Conditions.

(f) These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. In the event of any inconsistency between the English language version of these Terms and Conditions and any other language version, the English language version shall prevail.

End