Terms & Conditions

Guvera Australia Pty Ltd (“Guvera”)
Night Owl Marketing Pty Ltd (“Night Owl”)

Summer of Fun Competition Terms and Conditions

NSW Permit No. LTPS/15/08203

1. By entering into the Summer of Fun Competition (“Competition”), you agree that information as to how to enter form part of these Terms and Conditions, and that entry into this Competition is deemed acceptance of these Terms and Conditions.

2. Unless otherwise stated, all times and dates specified in these Terms and Conditions are times and dates in Brisbane, Australia, being the Australian Eastern Time Zone (UTC + 10:00) time zone.

3. Any updates to these Terms and Conditions will be subject to regulatory approval, and will be published on www.nightowl.com.au and on the Summer of Fun Brand Channel on the Guvera service.

Eligibility

4. Entry is only open to residents of Queensland and/or New South Wales (“Eligible Entrants”).

5. Employees, directors and management of Guvera and/or Night Owl, and their immediate families, retailers, suppliers, partners or agencies associated with the Competition are ineligible, and cannot benefit from the Competition.

6. Eligible Entrants must be a registered user (“Member”) of Guvera.

7. Eligible Entrants must be over eighteen (18) years of age at the commencement of the Competition Period to be eligible for the Major Prize.

8. Eligible Entrants must be over fourteen (14) years of age at the commencement of the Competition Period to be eligible for the Tier Two and Tier Three Prizes. Persons who are aged less than fourteen (14) years are ineligible to enter and participate in the Competition. All entries and attempted prize redemptions of persons who are aged less than fourteen (14) years will be deemed invalid.

9. Eligible Entrants who are over the age of fourteen (14) years but under the age of eighteen (18) years of age as at the date of posting their entry must have permission from their parent or legal guardian to enter. Guvera reserves the right to verify this. These Terms and Conditions will bind all Entrants under the age of eighteen (18) and any parent or legal guardian who gives their consent for an Entrant aged less than eighteen (18) years.

10. Eligible Entrants for the Major Prize must have a valid passport which allows them to travel overseas, and eligibility to obtain a visa for the United States of America, at the time of entry in to the Competition.

Entry into Competition

11. The Competition commences at 12:00am 16 November 2015, and will close at 11:59pm on 6 March 2016 (“Competition Period”).

12. The Winners of the Competition shall be decided by a computerised draw system utilising pre-determined Summer of Fun Competition scratch cards (“Scratch Cards”) containing a unique code which shall be randomly allocated to participating Night Owl convenience stores for distribution to Eligible Entrants.

13. ShortStack, a company that builds and manages contests and marketing campaigns, shall be solely responsible for the computerised draw system, as well as all production, code allocation, protection, and distribution of the Scratch Cards. ShortStack will provide Guvera with a written assurance that the system cannot be tampered with in any way by any person or organisation involved in the production or distribution of the game material. ShortStack will be responsible for producing any Appraisal Reports or Draw Procedure Reports if required by the Office of Liquor, Gaming & Racing.

14. There will be Seven Hundred and Fifty Thousand (750,000) Scratch Cards printed, and a total of Forty-Four Thousand, Six Hundred and Twenty-One (44,621) prizes (comprising of One (1) Major Prize, Seven Hundred and Six (706) Tier Two Prizes, and Forty-Three Thousand, Nine Hundred and Twenty (43,920) Tier Three Prizes).

15. The total prize value is One Hundred and Ninty-Seven, Five Hundred and Forty-Five Dollars ($197,545.00).

16. To enter the Competition, Eligible Entrants must, during the Competition Period, complete the following:

(a) the Eligible Entrant must be a Member of the Guvera service; and
(b) spend at least ten dollars ($10.00) in a single transaction on products (excluding tobacco, mobile and gaming products) at a participating Night Owl convenience store; and
(c) keep their receipt as proof of purchase and their Scratch Card as evidence of their unique code; and
(d) scratch the Scratch Card to reveal their unique entry code; and
(e) visit the Summer of Fun Brand Channel on the Guvera service to enter their unique code and accurately complete the registration form including their full name, email address, telephone number and date of birth.

17. Once the Eligible Entrant has entered the Competition:

(a) if their unique code was pre-selected by ShortStack to be a Winner, then the Eligible Entrant shall instantly win a Tier Three Prize, which they must redeem in store at any participating Night Owl convenience store on or before 31 March 2016 by showing their confirmation of winning on the Guvera application, together with their receipt as proof of purchase and their Scratch Card; or
(b) if their unique code was pre-selected by ShortStack to be a Winner, then the Eligible Entrant shall instantly receive instant confirmation of whether they have won a Tier Two Prize, and the Eligible Entrant will be redirected to a confirmation page where they will enter in additional details including their residential address where the Tier Two Prize, which shall be mailed to the Winner(s) within six (6) weeks of the end of the Competition; or
(c) if the Eligible Entrant is eighteen (18) years or older, regardless of whether they have also won a Tier Two or a Tier Three Prize, they will go in to the draw for the chance to win the Major Prize, which shall be drawn on 9 March 2016; or
(d) if the Eligible Entrant is under eighteen (18) years of age, and did not win a Tier Two or Tier Three Prize, then they will go in to the draw to win a Second Chance Draw Tier Two or Tier Three Prize.

18. Eligible Entrants may enter the Competition on multiple occasions, as long as they complete the process set out in Clause 10 above for each entry.

19. Each unique code is only valid for one (1) entry in to the Competition.

20. Incomplete, indecipherable, or illegible entries will be deemed invalid and will be rejected.

21. Guvera reserves the right to disqualify, at its sole discretion, any entry where it reasonably suspects that such entry is prohibited by these Terms and Conditions, any applicable law, or are otherwise deemed inappropriate.

22. Guvera reserves the right to verify the validity of entries and Eligible Entrants (including the entrant’s age and identity) and reserves the right to disqualify any Eligible Entrant for tampering or corrupting the entry process or for submitting an entry that is not (at the sole discretion of Guvera) in accordance with these Terms and Conditions. Any failure by Guvera to enforce any of its rights at any stage does not constitute a waiver of those rights.

23. Guvera will not be held responsible or liable for entries that are lost, delayed, corrupted, misdirected, misdelivered, incorrect or incomplete, and such entries will be not be eligible for this Competition.

24. Guvera will not be held responsible or liable for any internet malfunction, interference or breakdown which prevents the participant from entering, including but not limited to any technical malfunctions of any telephone network, computer on-line system, computer equipment or software; program malfunctions or other failures; delayed computer transactions or network connections; any errors of any kind, whether human, mechanical or electronic; or any combination thereof, including, without limitation, any injury or damage to the computer of any participant or any other person related to or resulting from downloading any part of this Competition.

The Major Prize

25. The Major Prize shall be drawn at 12:00pm on 9 March 2016 at 1/184 Main Street, Kangaroo Point Queensland 4169.

26. All Eligible Entrants over the age of eighteen (18) years, regardless of whether they have won a Tier Two Prize or a Tier Three Prize or no prizes, shall go in to the draw to win the Major Prize.

27. The Major Prize Winner shall be randomly selected from the Eligible Entrants that are over the age of eighteen (18) years and have entered their unique code on the Summer of Fun Brand Channel on the Guvera service. There shall be one (1) representative from Night Owl and one (1) representative from Guvera present for the draw. There will also be one (1) independent person who shall scrutinise the draw and announcement of the Major Prize Winner (“Scrutiniser”).

28. The Scrutiniser will complete a statutory declaration stating that they are independent from Night Owl and Guvera, that they have scrutinised the draw, and that details of the Winner and the Major Prize have been verified and correctly announced.

29. There is one (1) Major Prize which shall be won by one (1) Winner. The Winner shall win:
a) a thirteen (13) day ‘Coast to Bay” Topdeck Tour (“California Tour”) for two (2) persons only (who must both be over the age of eighteen (18) years), courtesy of Flight Centre. The Californian Tour starts on 3 April 2016 and finishes on 16 April 2016 and includes fifteen (15) meals (being nine (9) breakfasts and six (6) dinners), entry in to two (2), and all accommodation during the California Tour, but excludes additional meals, unincluded transport and optional activities, valued at a maximum of AUD $3,205.00 per person (a total of AUD $6,410.00); and
b) return economy airfares for two (2) persons only, departing from Brisbane Airport (BNE) in Australia and arriving in Los Angeles Airport (LAX) in America, valued at a maximum of AUD $2,000.00 per person (a total of AUD $4,000.00), courtesy of Guvera; and
c) one-way economy airfares for two (2) persons, departing from San Francisco Airport (SFO) and arriving in Los Angeles Airport (LAX), valued at a maximum of AUD $500.00 per person (a total of AUD $1,000.00), courtesy of Guvera; and
d) arrival and departure airport transfers between the Los Angeles Airport (LAX) and the Los Angeles Hotel (TBC) for two (2) persons in one (1) vehicle, to the value of AUD $75.00 for each airport transfer (a maximum total of AUD $150.00); and
e) if required, one (1) night’s accommodation (limited to two persons and one room) at Los Angeles Hotel (TBC), Los Angeles, USA, for the night directly preceding the commencement of the California Tour, valued at a maximum of AUD $300.00; and
f) if required, one (1) night’s accommodation (limited to two persons and one room) at Los Angeles Hotel (TBC), Los Angeles, USA, for the night directly following the commencement of the California Tour, valued at a maximum of AUD $300.00.

30. The total prize value of the Major Prize is approximately AUD $12,160.00 (comprising only of the California Tour for two (2) persons valued at AUD $6,410.00, return economy airfares between Brisbane, Australia and Los Angeles, America for two (2) persons valued at a maximum of AUD $4,000.00, one-way economy airfares between San Francisco and Los Angeles for two (2) persons valued at a maximum of AUS $1,000, airport transfer for two (2) persons in one (1) car between the Los Angeles Airport and the Los Angeles Hotel (TBC), valued at a maximum of AUD $150.00, and up to a maximum of two (2) nights accommodation at the Los Angeles Hotel (TBC) for two (2) persons in one (1) twin room, valued at a maximum of AUD $600.00).

31. All other expenses will be the responsibility of the Winner and their travelling companion, including spending money, meals, drinks, transfers, laundry charges, activities, incidentals, taxes (excluding departure and any other flight associated taxes included within the prize), domestic travel within Australia to and from Brisbane Airport, energy surcharges, gratitudes, service charges, passports, visas, travel insurance and all other ancilliary costs.

32. American legal requirements prohibit any one under the age of twenty-one (21) years of age from consuming alcohol or entering in to venues that serve alcohol. The Winners acknowledge and accept that if they are not over the age of twenty-one (21) years, then they will legally not be able to participate in all components of the California Tour. Guvera accepts no responsibility or liability for any limitations placed on the the Winner and/or their travelling companion.

33. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.

34. The Major Prize Winner and their travelling companion must both be over the age of eighteen (18) years at the date of travel, and provide valid photo identification. If the Major Prize Winner is under the age of eighteen (18) years, then they automatically forfeit the Major Prize.

35. The Winner must travel on the dates booked by Guvera, unless agreed in writing between the Parties.

36. It if the Winner’s, and travelling companion’s personal responsibility to ensure that they have all required documentation, including but not limited to valid photo identification which meet the requirements of these Terms and Conditions. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of relevant authorities will be the sole responsibility of the Winner or the travelling companions concerned.

37. The Winner and their travelling companion acknowledge that the Major Prize may be subject to third party terms and conditions, including but not limited to air fare rules and conditions of carriage, hotel terms and conditions, and Topdeck terms and conditions. Each Winner must become acquainted with any such additional terms and conditions of the Major Prize, or for the breach of those conditions by any person. Guvera holds not accountability in the instance of any breach of these third party terms and conditions.

38. Guvera makes no representation as to the safety, conditions or other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the Australian Department of Foreign Affairs and Trade.

39. Guvera will be in charge of booking all parts of the Major Prize. The Winner will work with Guvera to make all bookings. All bookings must be made more than three (3) weeks before the booked dates. Bookings are subject to availability and California Tour schedules, and there is no guarantee that the Winner’s preferred dates will be available.

40. Once the Californian Tour and/or flights have been booked, the travel dates and booking names cannot be changed for any reason.

41. The Winner acknowledges that the Californian Tour is subject to Flight Centre and Topdeck’s Booking Conditions and other terms and conditions.

42. The Winner of the Major Prize will be published on www.nightowl.com.au and on the Summer of Fun Brand Channel on the Guvera service for a minimum of twenty-eight (28) days.

43. In the event of any non-compliance, including but not limited to fraudulent activity, misrepresentation, criminal activity, and/or any non-compliance of Guvera’s terms and conditions by the Winner, an alternative Winner may be selected by Guvera. Any person attempting to defraud or in any way tamper with this Competition will be ineligible for prizes and may be prosecuted to the full extent of the law.

44. If there is a dispute as to the identity of an Eligible Entrant, Guvera’s decision in deciding who to award the prize to is final.

Second Chance Draw

45. In the event of the Winner being unable to satisfy these Terms and Conditions or forfeits by not claiming the prize by 5:00pm on 9 June 2016 after being notified by Guvera that they are the Winner, a second chance draw will be held on the earlier of:

(a) within forty-eight (48) hours from the date on which Guvera becomes aware that the Winner forfeits the prize, either voluntarily or for being unable to satisfy these Terms and Conditions; or
(b) 10 June 2016;

at the same time (12:00pm) and place (1/184 Main Street, Kangaroo Point Queensland 4169) as the first draw, in order to distribute the unclaimed prize (“Second Chance Draw”). The outcome of the Second Chance Draw is final.

46. Following the Second Chance Draw, the original Winner will no longer be entitled to claim their Prize, and shall be replaced by the Winner of the Second Chance Draw.

47. The Winner of the Second Chance Draw will be notified by telephone and/or email within two (2) days of the Second Chance Draw. The name of the Winner of the Second Chance Draw will be published on www.nightowl.com.au and on the Summer of Fun Brand Channel on the Guvera service for a minimum of twenty-eight (28) days.

48. The selection of the Winner and/or the Winner of the Second Chance Draw, as applicable, is final and Guvera will not enter into any correspondence, argument or dispute regarding the result.

49. Where the Second Chance Draw occurs after the booked California Tour, the Winner must travel on the revised dates as selected by Guvera, unless agreed in writing between the Parties. Bookings are subject to availability and California Tour schedules, and there is no guarantee that the Winner’s preferred dates will be available.

50. The Winner must, at Guvera’s request, participate in all promotional activity (such as publicity and photography) including surrounding the winning of the prize, free of charge, and they consent to Guvera using their name and image in promotional material.

Tier Two Prizes

51. Winners of the Tier Two Prizes shall receive instant confirmation of their prize upon entering their unique code on the Competition Platform on the Summer of Fun Competition Brand Channel on the Guvera service.

52. Winners shall be redirected to a confirmation page where they will enter in additional details including their residential address, and shall be sent confirmation of their Prize to the email address provided by the Winner upon entering the Competition.

53. Guvera will arrange for the delivery of all Tier Two Prizes by 9 June 2016. Unless Guvera is notified otherwise, all prizes shall be sent to the residential address provided by the Eligible Entrant upon entering the Competition.

54. All Tier Two Prizes shall be delivered to the Winners within six (6) weeks of the close of the Competition.

55. There are Seven Hundred and Six (706) Tier Two Prizes to be won. Each Winner may win one (1) of the following prizes:

(a) one (1) pair of UrbanEars Humlan Headphones valued at AUD $84.95 (500 to be won); or
(b) one (1) Ticketek voucher valued at AUD $200.00 (40 to be won); or
(c) one (1) double pass to DJ Tigerlily’s concert at the Platinum Nightclub, Gold Coast, Queensland, to be held on 26 March 2016, valued at AUD $50.00 per double pass (25 to be won); or
(d) one (1) Samsung Galaxy Young 2 Mobile Handset valued at AUD $79.00, courtesy of Optus (10 to be won); or
(e) one (1) Red Balloon Summer Experiences voucher valued at AUD $100.00 (5 to be won); or
(f) one (1) Red Balloon Summer Experiences voucher valued at AUD $50.00 (20 to be won); or
(g) one (1) Frucor Rockstar Bike valued at AUD $599.00 (2 to be won); or
(h) one (1) Frucor Rockstar Skateboard valued at AUD $299.00 (2 to be won); or
(i) one (1) Frucor Rockstar Surfboard valued at AUD $899.00 (2 to be won).

56. Each Winner shall be pre-determined by the unique code on their Scratch Card, as allocated and distributed by ShortStack.

57. Winners cannot select which prize they win.

58. All Tier Two Prizes do not include any other expenses, including but not limited to spending money, meals, drinks, transfers, laundry charges, activities, incidentals, taxes, energy surcharges, gratitudes, service charges, passports, visas, travel insurance and all other ancillary costs. The Winner shall be entirely responsible for such outgoings.

59. In the event of any Winner(s) being unable to satisfy these Terms and Conditions or forfeiting by not claiming their prize(s) by 5:00pm on 9 June 2016, a second chance draw will be held at 12:00pm on 10 June 2016 at 1/184 Main Street, Kangaroo Point, Queensland 4169, in order to distribute any unclaimed prize(s). The outcome of the Second Chance Draw is final.

60. Following the Second Chance Draw, the original Winner will no longer be entitled to claim the Major Prize, and shall be replaced by the Winner of the Second Chance Draw.

61. The Winner(s) of the Second Chance Draw for the Tier Two Prizes shall be notified by email or writing within two (2) days of the Second Chance Draw occurring.

Tier Three Prizes

62. Winners of the Tier Three Prizes shall receive instant confirmation of their prize upon entering their unique code on the Competition Platform on the Summer of Fun Competition Brand Channel on the Guvera service.

63. Winners shall be sent confirmation of their Prize to the email address provided by the Winner upon entering the Competition. If your details change after you enter the competition, it is your responsibility to notify Guvera.

64. The Winner must redeem their prize in-store at any participating Night Owl convenience store, by showing their confirmation email, photo identification, Scratch Card with winning unique code, and proof of purchase.

65. There are Forty-Eight Thousand, Nine Hundred and Twenty (48,920) Tier Three Prizes to be won. Each Winner may win one (1) of the following prizes:

(a) one (1) Streets Paddle Pop ice cream valued at AUD $1.80 (2,000 to be won); or
(b) one (1) Nestle Kit Kat (17g) valued at AUD $1.00 (12,000 to be won); or
(c) one (1) 600mL Schweppes soft drink valued at AUD $4.20 (12,000 to be won); or
(d) one (1) Smiths Twisties 90g packet valued at AUD $3.00 (3,000 to be won); or
(e) one (1) Fiji branded bottled water (500mL) valued at AUD $2.70 (1,000 to be won); or
(f) one (1) Streets Lipton Ice iPad Cover valued at AUD $30.00 (720 to be won); or
(g) one (1) Lion beverage holders valued at AUD $7.00 (1,200 to be won); or
(h) one (1) Optus Beach Ball valued at AUD $5.00 (800 to be won); or
(i) one (1) Optus Frisbee valued at AUD $7.00 (800 to be won); or
(j) one (1) Night Owl branded light sparkling water bottle (500mL) valued at AUD $3.00 (5,000 to be won); or
(k) one (1) Night Owl branded still water bottle (600mL) valued at AUD $3.00 (5,000 to be won); or
(l) one (1) Frostbite Frozen Drink (Regular Size) valued at AUD $2.60 (5,000 to be won).

66. Each Winner shall be pre-determined by the unique code on their Scratch Card, as allocated and distributed by ShortStack.

67. Winners cannot select which prize they win.

68. All Tier Three Prizes do not include any other expenses, including but not limited to spending money, meals, drinks, transfers, laundry charges, activities, incidentals, taxes, energy surcharges, gratitudes, service charges, passports, visas, travel insurance and all other ancilliary costs. The Winner shall be entirely responsible for such outgoings.

69. In the event of any Winner(s) being unable to satisfy these Terms and Conditions or forfeiting by not claiming their prize(s) by 5:00pm on 9 June 2016, a second chance draw will be held at 12:00pm on 10 June 2016 at 1/184 Main Street, Kangaroo Point, Queensland 4169, in order to distribute any unclaimed prize(s). The outcome of the Second Chance Draw is final.

70. Following the Second Chance Draw, the original Winner will no longer be entitled to claim their Prize, and shall be replaced by the Winner of the Second Chance Draw.

71. The Winner(s) of the Second Chance Draw for the Tier Three Prizes shall be notified by email or writing within two (2) days of the Second Chance Draw occurring.

General

72. The total advertised prize pool will be distributed during, or after, the completion of the Competition.

73. Prizes must be taken as stated, and are not transferable or exchangeable and cannot be taken as cash. The prizes are not redeemable for cash or other goods and services.

74. Guvera accepts no responsibility for any variation in the prize values.

75. Printing and other quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Instant win game materials are void if stolen, forged, mutilated, or tampered with in any way.

76. If any prize becomes unavailable for reasons beyond Guvera’s control, Guvera may substitute a prize of equal or greater value, unless to do so would be prohibited by law.

77. Guvera shall keep all entry details and other records for a period of twelve (12) months following the last prize draw in the Competition.

78. All taxes on any prize won are the sole responsibility of each Winner, including, without limitation, any federal or state taxes which may be deemed applicable in such Winner’s jurisdiction of residence.

79. This Competition shall be governed by the laws of Queensland, Australia. By participating in this Competition, participants agree that the laws of Queensland, Australia shall have jurisdiction over any dispute or litigation arising from or relating to this Competition.

80. By entering this Competition, the participant agrees that the decisions of Guvera in all matters regarding this Competition are final and binding.

81. Except where legally prohibited, acceptance of the prize constitutes permission for Guvera to use the Winner’s name, photograph, likeness, voice, address (city and state only) and testimonial, and creates a non-exclusive, non-transferable licence to publish the winning entry, in printed, broadcast, or other media, whether now known or hereafter developed, in perpetuity, in any manner it deems appropriate in connection with Guvera, including but not limited to promoting this or any other contest of Guvera and/or promotion sponsored by it, without further compensation to the Winner.

82. By participating and entering the Competition, the Eligible Entrant agrees that Guvera collects participants’ personal information in order to conduct the Competition. If the information requested is not provided, the participant may not participate in the promotion. A request to access, update or correct any information should be directed to Guvera. Personal information will be collected by or on behalf of Guvera, subject to our Privacy Policy found at www.guvera.com/privacy.

83. By participating and entering the Competition, the Eligible Entrant agrees that Guvera and those involved in the development, production (including prize suppliers), implementation and distribution of this Competition and their respective parent companies, affiliates, subsidiaries, service providers, and agencies, and their directors, officers, agents, employees, attorneys, and any other person or entity associated with such entities and/or promotion (hereinafter collectively called “Promoters”), shall not be liable for any claims, damages, losses or injuries, including any third party claims, arising from or relating to, in whole or in part, this Competition, including entry and participation in this Competition and acceptance, possession, use or misuse of the prize. All participants further agree that in the event of any third party claims, damages, losses or injuries, arising from or relating to such participant’s participation in this Competition, such participant will indemnify and hold Guvera and the Promoters harmless from and against any and all such claims, including reasonable legal fees related thereto.

84. If for any reason:

(a) the conduct or operation of the Competition is inferred with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, computer bugs or viruses, tampering or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Competition, subject to any directions given under any applicable law; or
(b) the Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Competition, Guvera reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Competition, subject to any direction given under applicable law.

85. Guvera reserves the right, in its sole discretion, to cancel or suspend this Competition should viruses, bugs or other causes beyond its control (force majeure events) corrupt the proper administration or security of the Competition.

86. Guvera reserves the right to modify the rules of the Competition in any way or at any time, as long as reasonable notice is given.

87. This Competition is severable and void to the extent prohibited by law and is subject to all relevant legislative requirements, including, without limitation, federal and state laws and regulations.

88. Guvera does not warrant or guarantee the fitness for purpose, merchantability, functionality or suitability of any prize.

89. All product warranty issues (including statutory rights) are between the Eligible Entrant and the manufacturer of the product.

90. To provide this competition, the Promoter’s need to collect personal information about the Eligible Entrant. If the Eligible Entrant does not provide the information requested, the Promoter may not be able to provide the Eligible Entrant with the competition entry. The Eligible Entrant agrees that subject to the Privacy Act and the Promoters’ Privacy Policies, the Promoters or their agents may do the following:

(i) transfer personal information confidentially to the Promoters’ related companies or organisations that provide services in relation to this competition. This includes transferring personal information to the USA or other countries for data processing and servicing;  
(ii) disclose Eligible Entrants’ personal information to State and Territory lottery departments (if required);  
(iii) publish Winner’ names as required under the relevant lottery legislation (if required); and  
(iv) use the Winner’s personal information in any media for publicity purposes associated with the competition without any further payment or other compensation, unless the winner otherwise notifies the Promoter at time of accepting the Prize.

91. Guvera currently supports all Apple iPod, iPhone and iPad that run iOS5 or later, as well as over 4600 Android phones and tablets and the Windows Phone. If you have any technical issues, contact us at support@guvera.com

NSW Permit No. LTPS/15/08203

Guvera Australia Pty Ltd ACN 140 535 244 (“Guvera”)
Jessie J Competition Terms and Conditions

1. The Promoters of this Jessie J Competition are the Promoters Australia Pty Ltd (ACN 140 535 244) of Suite 903, Level 9, 203 Robina Town Centre Drive, Robina QLD 4226 (“the Promoters”) and Night Owl Marketing Pty Ltd (ABN 31 126 734 567) of 9-15 Marrajong Road, Springwood QLD 4127 (“Night Owl”).

2. By entering into the Promoters Jessie J Competition, you agree that information as to how to enter form part of these Terms and Conditions, and that entry into this Competition is deemed acceptance of these Terms and Conditions.

3. Unless otherwise stated, all times and dates specified in these Terms and Conditions are times and dates in Brisbane, Australia, being the Australian Eastern Time Zone (UTC + 10:00) time zone.

Eligibility

4. Entry is only open to residents of Queensland (“Eligible Entrants”).

5. Employees, directors and management of Guvera and Night Owl, and their immediate families, and its agencies associated with the Competition are ineligible, and cannot benefit from the Competition.

6. Eligible Entrants must be a registered user (“Member”) of Guvera.

7. Eligible Entrants must be over the age of eighteen (18) years to enter this Competition, and must provide valid photo identification. If a Winner is under the age of eighteen (18) years, then they automatically forfeit the Prize.

8. Eligible Entrants for the Prize must have a valid passport which allows them to travel overseas, and eligibility to obtain a visa or visa waiver for the United States of America, at the time of entry in to the Competition.

9. Eligible Entrants must be able to attend the Jessie J’s Intimate performance on 7 December 2015 at House of the Promoters in Los Angeles.

Entry into Competition

10. Competition commences at 12:00am (AEST) on Monday 2 November 2015 and closes at 11.59 pm (AEST) on Sunday 22 November 2015 (“Competition Period”).

11. To enter the Competition, Eligible Entrants must, during the Competition Period complete the following:

(a) be a registered member of the Guvera service;

(b) spend at least ten dollars ($10.00) in a single transaction on products (excluding tobacco) at a participating Night Owl convenience store (Queensland only); and

(d) visit the Jessie J Competition page on the Guvera service to enter their unique code and accurately complete the registration form including their full name, email address, telephone number and date of birth.

12. Eligible Entrants may enter the Competition on multiple occasions, as long as they complete the process set out in Clause 11 above for each entry.

13. Each unique code is only valid for one (1) entry in to the Competition.

14. Incomplete, indecipherable, or illegible entries will be deemed invalid and will be rejected.

15. The Promoters reserve the right to disqualify, at its sole discretion, any entry should it reasonably suspect that such entry(s) are prohibited by these Terms and Conditions, any applicable law, or are otherwise deemed inappropriate or unreasonable.

16. The Promoters reserve the right to verify the validity of entries and Eligible Entrants and reserves the right to disqualify any Eligible Entrant for tampering or corrupting the entry process or for submitting an entry that is not (at the sole discretion of the Promoters) in accordance with these Terms and Conditions. Any failure by the Promoters to enforce any of its rights at any stage does not constitute a waiver of those rights.

17. The Promoters will not be held responsible or liable for entries that are delayed, lost, delayed, corrupted, misdirected, misdelivered, incorrect or incomplete, and such entries will be not be eligible for this Competition.

18. At all times, Eligible Entrants agree to act in accordance with Facebook’s Terms of Service and any other related and relevant policies.

19. The Promoters will not be held responsible or liable for any internet malfunction, interference or breakdown which prevents the participant from entering, including but not limited to any technical malfunctions of any telephone network, computer on-line system, computer equipment or software; program malfunctions or other failures; delayed computer transactions or network connections; any errors of any kind, whether human, mechanical or electronic; or any combination thereof, including, without limitation, any injury or damage to the computer of any participant or any other person related to or resulting from downloading any part of this Competition.

The Prize

20. There is one (1) Prize which may be won by one (1) Winner. The Winner will win:

(i) one (1) x Double Pass Ticket to Jessie J’s intimate performance on 7 December 2015 at House of Guvera in Los Angeles, which includes a meet and greet with the artist, valued at approximately AUD $1000.00;
(ii) return economy airfares for two (2) persons only, departing from the Winner’s nearest capital city in Australia, and arriving in Los Angeles Airport (LAX) in America (valued at a maximum of AUD $6368.00); and
(iii) three (3) consecutive night’s accommodation (limited to two persons and one room) at a Los Angeles Hotel (TBC at the Promoter’s sole discretion) in Los Angeles, USA, valued at a maximum of AUD $1500.00 for three (3) nights, and which must only be for three (3) consecutive nights, one (1) of which must be 7 December 2015.

21. The total Prize value for the Competition is AUD $8868.00.

22. All other expenses will be the responsibility of the Winner and their travelling companion, including spending money, meals, drinks, transfers, laundry charges, activities, incidentals, taxes (excluding departure and any other flight associated taxes included within the Prize), domestic travel within Australia to and from the nearest capital city airport, energy surcharges, gratitudes, service charges, passports, visas, travel insurance and all other ancilliary costs.

23. The Prize offered is not transferable or exchangeable and cannot be taken as cash. The Prize is not redeemable for cash or other goods and services.

24. In the event of the Winner being unable to satisfy these Terms and Conditions or forfeits for not claiming the Prize within three (3) days of being notified by the Promoters that they are the Winner, the Promoters reserve the right to award the Prize to the Eligible Entrant whose entry was deemed second after the entry of the original Winner.

25. In the event of any non-compliance, including but not limited to fraudulent activity, misrepresentation, criminal activity, and/or any non-compliance of the Promoter’s terms and conditions, by the Winner, an alternative Winner may be selected by the Promoters. Any person attempting to defraud, manipulate or in any way tamper with this Competition will be ineligible for Prize and may be prosecuted to the full extent of the law.

26. If there is a dispute as to the identity of an Eligible Entrant, the Promoter’s decision in deciding who to award the Prize to is final.

27. The Promoters accept no responsibility for any variation in the Prize values.

28. All taxes (if any) on any Prize won are the sole responsibility of The Winner, including, without limitation, any federal or state taxes which may be deemed applicable in such Winner’s jurisdiction of residence.

Judging the Winner

29. The Winner shall be randomly selected from the Eligible Entrants who have entered their unique code on the Guvera service. There shall be at least one (1) representative from Night Owl Marketing Pty Ltd and at least one (1) representative from Guvera present for the draw. There will also be one (1) independent person who shall scrutinise the draw and announcement of the Prize Winner (“Scrutiniser”).

30. The Winner will be notified by telephone or email by no later than 5.00pm (AEDT) on Monday 23 November 2015.

31. The Winner must claim their Prize within by 5.00pm (AEDT) on Thursday 26 November 2015, and provide Guvera with all required booking information by no later than 5.00pm (AEDT) on Friday 27 November 2015. Failure to meet these deadlines will result in the Promters awarding the Prize to the next ranked Eligible Entrant after the Winner.

32. The Promoter’s decision is final and the Promoters will not enter into any correspondence, argument or dispute regarding the result.

General

33. American legal requirements prohibit any one under the age of twenty-one (21) years of age from consuming alcohol. The Promoters accept no responsibility or liability for any limitations placed on the the Winner and/or their travelling companion.

34. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.

35. The Winner and their travelling companion must both be over the age of eighteen (18) years at the date of travel, and provide valid photo identification. If the Winner is under the age of eighteen (18) years, then they automatically forfeit the Prize.

36. It is the Winner and their travelling companion’s personal responsibility to ensure that they have all required documentation, including but not limited to valid photo identification which meet the requirements of these Terms and Conditions. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of relevant authorities will be the sole responsibility of the Winner or the travelling companions concerned.

37. The Winner and their travelling companion must organise and apply for their own Visa Waiver (if eligible) or ESTA Visa for the United States of America (at their own cost) with the US Immigration Office prior to the travel dates (please refer to http://www.ustraveldocs.com/au/au-niv-visawaiverinfo.asp).

38. The Winner and their travelling companion acknowledge that the Prize may be subject to third party terms and conditions, including but not limited to air fare rules and conditions of carriage and hotel terms and conditions. The Winner must become acquainted with any such additional terms and conditions of the Prize, or for the breach of those conditions by any person. The Promoter holds not accountability or liability in the instance of any breach of these third party terms and conditions.

39. The Promoter’s make no representation as to the safety, conditions or other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the Australian Department of Foreign Affairs and Trade.

40. The Promoters will will be in charge of booking all parts of the Prize and has discretion to select the third party providers and details of the Prize. The Winner will work with the Promoters to make all bookings. All bookings must be made on or before 1 December 2015. Bookings are subject to availability, and there is no guarantee that the Winner’s preferred dates will be available.

41. The Winner and their travelling companion must travel together at all times during the Prize. For the avoidance of doubt, this includes departing from and arriving to the same domestic airport in Australia.

42. The Winner and their travelling companion must depart and return to the same domestic Australian airport.

43. Once the flights and/or accommodation have been booked, the travel dates and booking names cannot be changed for any reason. Any fees relating to booking changes will be incurred by the Winner unless the change is requested by Promoters.

44. By entering this Competition, the participant agrees that the decisions of Promoter’s in all matters regarding this Competition are final and binding.

45. Except where legally prohibited, acceptance of the Prize constitutes permission for the Promoter’s to use the Winner’s name, photograph, likeness, voice, address (city and state only) and testimonial, and creates a non-exclusive, non-transferable licence to publish the winning entry, in printed, broadcast, or other media, whether now known or hereafter developed, in perpetuity, in any manner it deems appropriate in connection with the Promoters, including but not limited to promoting this or any other contest of the Promoters and/or promotion sponsored by it, without further compensation to the Winner.

46. By participating and entering the Competition, the Eligible Entrant agrees that the Promoters collect participants’ personal information in order to conduct the Competition. If the information requested is not provided, the participant may not participate in the promotion. A request to access, update or correct any information should be directed to the Promoters.

47. This Competition is in no way sponsored, endorsed or administered by, or associated with Facebook. Eligible Entrants understand and agree that they are providing their information to the Promoters and not to Facebook. By entering this Competition, each Eligible Entrant releases Facebook from any action or claim arising out of the Competition. Any queries, comments or complaints regarding this Competition are to be directed to the Promoters, not to Facebook.

48. By participating and entering the Competition, the Eligible Entrant agrees that the Promoters and those involved in the development, production (including Prize suppliers), implementation and distribution of this Competition and their respective parent companies, affiliates, subsidiaries, service providers, and agencies, and their directors, officers, agents, employees, attorneys, and any other person or entity associated with such entities and/or promotion (hereinafter collectively called “Promoters”), shall not be liable for any claims, damages, losses or injuries, including any third party claims, arising from or relating to, in whole or in part, this Competition, including entry and participation in this Competition and acceptance, possession, use or misuse of the Prize. All participants further agree that in the event of any third party claims, damages, losses or injuries, arising from or relating to such participant’s participation in this Competition, such participant will indemnify and hold Guvera and the Promoters harmless from and against any and all such claims, including reasonable legal fees related thereto.

49. The Promoters reserve the right, in its sole discretion, to cancel or suspend this Competition should viruses, bugs or other causes beyond its control (force majeure events) corrupt the proper administration or security of the Competition. The Promoters reserve the right to modify the rules of the Competition in any way or at any time, as long as reasonable notice is given.

50. This Competition is severable and void to the extent prohibited by law and is subject to all relevant legislative requirements, including, without limitation, federal and state laws and regulations.

51. The Promoters not warrant or guarantee the fitness for purpose, merchantability, functionality or suitability of any Prize.

52. All product warranty issues (including statutory rights) are between the Eligible Entrant and the manufacturer of the product.

53. To provide this competition, the Promoter’s need to collect personal information about the Eligible Entrant. If the Eligible Entrant does not provide the information requested, the Promoter may not be able to provide the Eligible Entrant with the competition entry. The Eligible Entrant agrees that subject to the Privacy Act and the Promoters’ Privacy Policies, the Promoters or their agents may do the following:

54. Guvera currently supports all Apple iPod, iPhone and iPad that run iOS5 or later, as well as over 4600 Android phones and tablets and the Windows Phone. If you have any technical issues, contact us at support@guvera.com

55. This Competition shall be governed by the laws of Queensland, Australia. By participating in this Competition, participants agree that the laws of Queensland, Australia, shall have jurisdiction over any dispute or litigation arising from or relating to this Competition.