Competition Terms & Conditions in Australia
1. These terms and conditions (the "Rules") apply to the games, competitions and promotions (the "Competition") in the CineGame app administered by Cinemataztic on behalf of Val Morgan Group, Level 50, 680 George Street, Sydney NSW 2000, World Square NSW 2002 and the different commercial partners sponsoring CineGames (“Competition Sponsor”).
2. Each person who enters the Competition (each an "Entrant") unconditionally accepts and agrees to comply with and abide by these Rules and the decisions of Val Morgan and the Competition Sponsor, which shall be final and binding with respect to all aspects of the Competition. Winning any prize requires that the Entrant whose entry is selected as the potential winning entry for the Prize is, and remains, in compliance with the Rules. Until such compliance is completed and verified as solely determined by Val Morgan and the Competition Sponsor, the Entrant is not a winner.
3. To the extent Val Morgan and the Competition Sponsor deems it appropriate and in its sole discretion, Val Morgan and the Competition Sponsor shall be entitled to treat any of its rights under the Rules as having been granted for the benefit of Val Morgan and the Competition Sponsor.
4. To participate in the Competition each Entrant must be at the time of entry:
a. Have a resident address in Australia
b. Compliant with the age limit – if any - set for the Competition
c. Able to access the internet; and
d. Compliant with any other eligibility requirements in the Rules.
5. The following are not eligible to participate:
a. Employees of Val Morgan, exhibitor employees and the Competition Sponsor
b. Employees of any company responsible for redemption of Prizes/vouchers or for supplying Prizes for the Competition and their respective franchisees, subsidiaries, agents and advisors;
c. Other persons assisting with this Competition or otherwise professionally connected with the Competition;
d. Any person not being an individual person;
e. Any syndicate or collection of persons acting in concert; or
f. Any person entering via an agent or using the services of an entity carrying on the business of entering (or advising on entering) Prize promotions.
6. All entries must be made directly by the person entering the Competition. Entries made using methods such as a computer macro, a script or the use of automated devices or processes are not allowed and all such entries will be disqualified.
7. The start and end period of a Competition can vary for each Competition. Most often a Competition starts at the first day of a month and ends at the last day of the month. All Prizes won or otherwise achieved through a Competition will be marked with an expiration date or a date for when the winner(s) of the Competition is drawn.
8. A Competition in the CineGame app can both be joined by entering a four digit code in the CineGame app shown on the cinemascreen or via an In-app game.
9. To enter the Competition, Entrants must truthfully answer the age-related form prompted before the Competition, if the Competition has an age limit.
10. The Competition is free to enter. No purchase necessary to enter or win.
11. Val Morgan and the Competition Sponsor accepts no responsibility for:
a. Incomplete, invalid or illegible application forms and these will be declared void in the sole discretion at Val Morgan and the Competition Sponsor; or
b. Entries not successfully completed due to a technical fault, technical malfunction, computer hardware or software failure, satellite, website, network or server failure of any kind.
12. Val Morgan and the Competition Sponsor reserves the right to exclude any entry which it believes to be fraudulent or based on misconduct, or if in its reasonable opinion, it considers that there is a significant risk that the Entrant may bring the Name- and/or CP brand into disrepute.
Prize description and conditions
13. When a Prize is won or in other ways achieved through the participation of a Competition a Prize voucher will be visible in the CineGame app in the submenu ‘Prizes’.
14. All prize vouchers won or otherwise achieved through a Competition will be marked with an expiration date or a date for when the winner(s) of the Competition is drawn.
15. A Prize can both be a voucher code for a discount, a charity request, a ticket for a lottery. A Prize to be redeemed in the cinemakiosk or at the online- or offline site of a Competition Sponsor or another site where the the Competition Sponsor’s products are distributed.
16. A Prize can be conditioned on a number of purchases per Entrants, a minimum or maximum size of purchase, on specific dates or time slots. The conditions are solely set by the Competition Sponsor of the Prize(s).
17. The Prizes are subject to availability. If a specific Prize is unavailable a suitable alternative option will be suggested by Val Morgan and the Competition Sponsor.
18. Prizes may not be exchanged for any cash or other alternative, are not transferable, divisible, permitted to be sold or resold and are not for use in conjunction with any other promotion or offer. Prizes cannot be replaced or refunded in the event of loss, theft or missed opportunity.
19. To the fullest extent permitted by applicable law, the Prizes will be awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of satisfactory quality or fitness for a particular purpose).
20. It is the sole responsibility of the winner of a Prize to submit any value of a Prize won as personal income or in any other way relevant for personal taxation.
Conduct of Competition
21. In the case of a Competition based on a lottery draw all valid voucher tickets which have fully complied with the Rules will be collected together for the draw(s). The draw(s) will be made from all valid tickets at random under independent supervision or via a computer programme producing a verifiably random draw.
22. Val Morgan, Cinemataztic or the Competition Sponsor will contact potential winners by SMS, email or via an In-app push message to notify those who have won. Potential winners shall have no less than 72 hours to respond to confirm receipt of notification ("Winner's Response Message").
23. If the Winner's Response Message is not received, Val Morgan and the Competition Sponsor reserves the right to rule the entry and related Prize-award invalid and to select another potential winner. Val Morgan and the Competition Sponsor is not responsible for any changes in or wrong entry of telephone numbers, email addresses of Entrants.
24. Once the Winner's Response Message has been received, Val Morgan and the Competition Sponsor will provide fulfillment information to a potential winner.
25. In order to claim their Prize, any potential winner may be asked for further identification that matches their entry details. Val Morgan and the Competition Sponsor reserves the right to validate any claim and may ask for proof of identity and/or address and/or age.
26. Val Morgan and the Competition Sponsor may require such information (in addition to the information required to be given on Prize claims) as it considers necessary or desirable for the purposes of verifying any claim and an Entrant's compliance with the Rules and any Prize may be withheld unless and until Val Morgan and the Competition Sponsor of the competition is satisfied with the verification. Should Val Morgan and the Competition Sponsor determine based on the evidence in its possession at any given time that an Entrant is in breach of the Rules, then it may adjudge (in its discretion) that such Entrant is ineligible to take part in any Competition and/or claim by that Entrant then in process and still to be made shall be deemed invalid and void from the outset.
27. The Competition Sponsor of the competition shall not be obliged to contact any unsuccessful Entrant unless a permission has been given by the Entrant to do so. All decisions of Val Morgan and the Competition Sponsor with regard to all elements of the Competition are final and no correspondence shall be entered into.
28. All Prizes which are un-awarded, unclaimed or subject to claims which become invalid or which are adjudged void at any time, will lapse. This includes any Prizes where the Winner's Response Message is received after the timeframe provided for response. Val Morgan and the Competition Sponsor does not accept any liability for delay or non-delivery of notification via SMS, emails to winners or Winner's Response Message.
29. Entry to a Competition amounts to acceptance of the Rules and to their interpretation under local law and by the local courts. All age limits shall be deemed to be actual age as at the time of acceptance of the Rules, unless expressly stated otherwise in these Rules.
30. Nothing in the Rules shall affect any Entrant's statutory rights. Val Morgan and the Competition Sponsor may (in its sole discretion) decline to enter into any correspondence save as otherwise stated in the Rules.
31. To the fullest extent permitted by applicable law (but not otherwise) Name and its agents and the Competition Sponsor assume no responsibility and are not liable for: (i) the accuracy or otherwise of any Prize description or illustration; (ii) (where applicable) the non-availability, loss, late receipt or damage of any text, Prize-claim, Prize or notification or other communication and whether by reason of mobile-telephone network-operator error or other problem, failed or corrupted transmission, handset failure (including full or unserviceable inbox) or otherwise; (iii) (other than those warranties or conditions implied by statute and which cannot be excluded) any representation, warranty, condition or guarantee in respect of a Prize; (iv) (where applicable) any person whose mobile phone is used to make an entry without the owner's permission; or (v) any taxes, fees, charges or other costs which winners may be required to pay at any time in connection with a Prize, (save to the extent that Val Morgan and the Competition Sponsor has expressly and specifically accepted responsibility in the Rules for the same).
32. All Prizes sourced by Name from other suppliers remain the property of those supplier spending delivery to winners.
Val Morgan and the Competition Sponsor’s rights
33. Val Morgan and the Competition Sponsor may (i) extend any time limit or waive any of the Rules where a person might otherwise have been disqualified (without obliging Val Morgan and the Competition Sponsor to relax the Rules on any further occasion for that Entrant or at all for any other person); (ii) terminate, extend or suspend the Competition at any time where this is necessary or desirable due to supervening circumstances beyondVal Morgan’s and the Competition Sponsor’s control; or (iii) substitute a product deemed to be an appropriate replacement and of equal or greater value in the place of any of the Prizes (or any part of a Prize to the extent divisible). Val Morgan's and the Competition Sponsor’s decision in the exercise or interpretation of any of its rights or discretions in connection with these Rules shall be final and binding.