Terms and Conditions

MasterCard Asia/Pacific (Australia) Pty Ltd
MasterCard ‘Video Hits Presenting Tours’ Promotion
AUSTRALIA
Conditions of Entry

Information on how to enter and prize details set out in all communications regarding the MasterCard ‘Video Hits presenting tours’ Promotion ("Promotion") form part of the Conditions of Entry. By participating in the Promotion, each participant fully and unconditionally agrees and acknowledges that these Conditions of Entry and the decision of the Promoter on all matters relating to the Promotion are final and binding. Participants must be individual MasterCard cardholders who are eligible to participate in the Promotion as set out at condition 4. Employees of the Promoter or the Promoter’s associated agencies or companies directly involved in the Promotion (as determined by the Promoter) and their immediate family members are ineligible to participate.
The Promoter is MasterCard Asia/Pacific (Australia) Pty Ltd (ABN 95 108 603 345), L8 100 Arthur Street, North Sydney, NSW 2060, Australia (phone: +61 2 9466 3700).
The Promotional Period for this Promotion commences 1 June 2010 at 00.01 (local time in NSW) and concludes on 30 November 2010 at 23:59 (local time in NSW).
Entry into the Promotion is open to Debit MasterCard cardholders who satisfy the following eligibility requirements (“Cardholders”):

Who are residents of Australia and who for the Promotional Period and up to and including the date on which the prize is finally awarded hold a valid Debit MasterCard issued in Australia;
Who are over the age of 18 years;
Who register their contact details in accordance with condition 6;
Who are available to travel on the dates nominated by the Promoter to attend the events specified in condition 8.

Cardholders irrevocably consent and authorise the Promoter to contact their issuing bank, and their issuing bank to confirm to the Promoter that they are a valid Debit MasterCard cardholder.
To complete the registration process, Cardholders must register online at www.mastercard.com.au/music during the relevant registration period set out below. Participants will be required to register their own details including but not limited to their own full name, address and mobile phone number. Cardholders who register during the registration period below will be entered in the draw for the prize for that registration period. Only one registration per Cardholder will be accepted for each registration period. It is each entrant’s responsibility to ensure that any details they provide during the registration process are accurate.

Draw	Registration period (all times local time in NSW)
1	00.01 on 1 June 2010 to 23:59 on 30 June 2010
2	00.01 on 1 July 2010 to 23:59 on 31 July 2010
3	00.01 on 1 August 2010 to 23:59 on 31 August 2010
4	00.01 on 1 September 2010 to 23:59 on 30 September 2010
5	00.01 on 1 October 2010 to 23:59 on 25 October 2010
6	00.01 on 1 November 2010 to 23:59 on 30 November 2010

The cost of accessing the promotional website will be dependant on the Cardholder’s individual Internet Service Provider. Registrations must be comprehensible in order to be valid. Incomplete or incomprehensible entries (as determined by the Promoter) will not be eligible. The Promoter accepts no responsibility for any late, lost or misdirected Cardholder registrations.
There are six (6) prizes to be won for this Promotion. Each prize allows the winner and one (1) guest aged (both must be aged over 18 years) to attend the concert of a ‘Video Hits presenting tour artist’. There is one prize to be won per registration period set out in condition 6 above. The entrants may not know the names of the artists prior to entering the competition.

Each major prize consists of:

1 x double pass for two adults to a concert of a ‘Video Hits presenting tour artist’ in the winner’s nearest state capital city within 6 weeks of the draw date.

The maximum prize value of each prize is AU$200, and the maximum total prize value of all prizes is AU$1,200.

Each prize comprises one double pass only. Prizes are not redeemable for cash and do not include travel, spending money, passports, visas, travel insurance, transfers, meals, incidentals or accommodation.
A card imprint may be required following the prize draw to ensure the winner holds a valid Debit MasterCard.
Each prize will be drawn at 11.00am (local time in NSW) on the relevant draw date specified below, at Dload Pty Ltd, ABN 16086281496, 24/177 Pacific Hwy, North Sydney NSW 2060 and will be awarded in a form to be determined by the Promoter. The first entry drawn in each draw will win the prize.

Draw	Draw date	Unclaimed Draw date
1	1 July 2010	30 July 2010
2	2 August 2010	27 August 2010
3	1 September 2010	30 September 2010
4	1 October 2010	29 October 2010
5	26 October 2010	26 November 2010
6	1 December 2010	21 December 2010

Each prize-winner will be notified by telephone by the Promoter using the contact details provided to the Promoter by the Cardholder.
Should any prize be unclaimed by 2:00pm Australian Eastern Daylight Time (AEDT) on the relevant Unclaimed Draw dates as set out in clause 11, a second chance draw will be held at Dload, 24/177 Pacific Highway, North Sydney, New South Wales 2060 at 3:00pm AEDT subject to any written directions given by State Authorities. The winner(s) will be notified in writing and by telephone the following day.
The prizes are neither redeemable for cash, transferable nor exchangeable. Each prize-winner shall accept their prize ‘as is’ and acknowledges that the Promoter accepts no responsibility for any variation in the value of the prize.
All valid claims for a prize and entitlements will be met unless they involve fraud or ineligibility. The Promoter reserves the right, and by their entry into the Promotion each participant consents to the Promoter exercising this right, to validate and check the authenticity of entries, entrant details and prize claims, with the relevant Cardholder’s issuing bank.
The Promoter does not assume any responsibility for any products and services offered as part of the prizes under the Promotion. The products and services are provided solely by the relevant vendors, under such terms and conditions as determined by such vendors, and the Promoter accepts no liability whatsoever in connection with such products and services. The products and services have not been certified by the Promoter and under no circumstances shall the inclusion of any product or service in the Promotion be construed as an endorsement or recommendation of such product or service by the Promoter.
Except for warranties and conditions implied by law which cannot be excluded, the Promoter makes no representations or warranties, express or implied, regarding the quality or suitability of any prizes awarded under these Conditions of Entry. Certain legislation may imply conditions or warranties which cannot be excluded, restricted or modified except to a limited extent. In this event, to the extent permitted by law, the Promoter's liability is limited to, at its option: (i) the replacement of the prize or the supply of an equivalent prize; or (ii) the payment, if it does not contravene any law, of the cost of the replacement or supply.
The Promoter and its members, financial institutions, associated agencies and companies and their respective directors, officers, employees and agents, shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the participant’s participation in the Promotion or the receipt or use of any part of the prize, except for any liability which cannot be excluded by law.
The Promoter's decision is final and no correspondence will be entertained.
The Promoter reserves the right to refuse to allow a winner or his or her guest to take part in any or all aspects of a prize, if the Promoter determines, in its absolute discretion, that a winner or his or her guest is not in the mental or physical condition necessary to be able to safely participate in the prize. It is a condition of accepting the prize that the winner and/or his or her guest may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
To the extent permitted by law, the Promoter and its members, financial institutions, associated agencies and companies and their respective directors, officers, employees and agents shall not be responsible in any way whatsoever in respect of the following: (1) any amount spent on or charged to a participant’s account in the course of entering the Promotion or for correctness of the details of the purchases and transactions made; (2) technical failures of any kind including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications, line failure or the malfunctioning failure or unavailability of any computer, server, cable, line, network, hardware, software, internet service or web site; (3) unauthorised human intervention in any part of the entry process of the Promotion, including but not limited to theft, destruction or unauthorised access to, or alteration of the Promotion; (4) electronic or human error which may occur in the administration of the Promotion or the processing of entries; (5) any entry that is late, lost, stolen, damaged or misdirected or otherwise not received; and (6) any negligence.
The Promoter, in its sole discretion, 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 Conditions of Entry, subject to state regulation. In such event, the Promoter reserves the right to award the prize at random from among the eligible entries received up to the time of the cancellation or modification. The Promoter also reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Conditions of Entry or in an unsportsmanlike, non-genuine or disruptive manner. 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, and, should such an attempt be made, the Promoter reserves the right to seek damages from any such person, to the fullest extent permitted by law, in addition to disqualifying such person.
The Promoter will use its best endeavours to provide the prizes listed. If any of the prizes or any part of the prizes are unavailable for whatever reason, the Promoter reserves the right to substitute that prize or item for a prize or item of an equivalent value. The Promoter takes no responsibility for changes or cancellations in show dates or venues. A replacement activity may be offered at the Promoter's discretion.
In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.
The Promoter’s failure to enforce any term of these Conditions of Entry shall not constitute a waiver of that or any other provision by the Promoter.
By acceptance or receipt of a Promotional prize, a prize-winner agrees to hold harmless the Promoter, its financial institutions, its members, its related companies and agencies, and each of their respective directors, officers, employees and agents from and against any claim, action, proceeding, judgment, damage, loss, expense or liability suffered by the Promoter, its financial institutions, its members, its associated companies and agencies and their respective directors, officers, employees and agents in connection with such prize-winner’s participation in the Promotion or receipt, redemption or use of the prize.
The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings or the use thereof. It is the responsibility of each entrant to seek independent advice on the possible implications this may have on their own financial situation.
Records of all entries become and remain the sole property of the Promoter. Except where prohibited by law, and unless otherwise advised by the entrant, all entries will be entered into a database and the Promoter reserves the right to publicise the entrant’s names for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid by or to the entrant. The Promoter also reserves the right to share the Cardholder's data with their issuing bank for marketing purposes. Except where prohibited by law, participation in the Promotion constitutes Cardholder's consent to the storage, use and disclosure of Cardholder's entry details as set out in these Conditions of Entry and also constitutes Cardholder's acknowledgment that Promoter may use overseas facilities to process, store or back up its information. As a result, the Promoter may transfer Cardholder's personal information to its overseas facilities for storage. However, this does not change any of the Promoter's commitments to safeguard Cardholder's privacy.
Except where prohibited by law, participation in the Promotion constitutes a prize-winner’s consent to the Promoter’s use of the prize-winner’s name, likeness, opinions and address (including without limitation any footage of the winner's receipt and use of the prize) for: (1) any future promotional, marketing and publicity purposes in any media worldwide, without further payment or consideration or notice; and (2) any disclosure of such information by the Promoter required by law, and it is a Condition of Entry that in order to claim the prize, prize-winners must agree to execute any necessary consents and releases to effect the foregoing.
Information collected pursuant to the Promotion from entrants is subject to the privacy policies of the Promoter, which can be found at www.mastercard.com.au and will be handled in accordance with all applicable laws in Australia.
Participants may access and correct their personal information held by MasterCard by contacting:
MasterCard Australia
Level 8, 100 Arthur St
North Sydney NSW 2060
Australia
Any cancellation or modification to the Promotion will be notified on the Promoter’s website – www.mastercard.com.au
A copy of these Conditions of Entry and prize details can be obtained by visiting www.mastercard.com.au/music
If all or any part of any term or condition contained in these Conditions of Entry shall be declared or become unenforceable, invalid or illegal for any reason, such term or provision (or part thereof) shall be deemed severed from these Conditions of Entry to the extent of the unenforceability, invalidity or illegality and the other terms and conditions hereof shall remain in full force and effect as if the offending term or provision (or part thereof) appearing had not been inserted herein.
These Conditions of Entry shall be governed by the laws of the respective state or territory of Australia where the entrant resides and each entrant agrees to submit to the non-exclusive jurisdiction of the courts of the relevant state or territory of Australia.
Authorised under NSW Permit No: LTPS/10/04388, ACT Permit No: TP 10/02057.1.