Standard Terms and Conditions
(a) MTV Networks Australia Pty Ltd ACN 107 601 418 of Ground Floor 4-16 Yurong St East Sydney NSW 2010, Australia (MTVNA) is the promoter and conducts competitions from time to time, which eligible people may enter.
(b) Information on how to enter forms part of these Standard Terms and Conditions of entry for competitions.
(c) Competitions may also be subject to specific terms and conditions (Specific Terms) which form part of these Standard Terms and Conditions. If there is any inconsistency between the Standard Terms and Conditions and the Specific Terms, the Specific Terms will prevail.
(d) By entering any competition promoted by MTVNA you agree to these Standard Terms and Conditions and any applicable Specific Terms.
(e) For the purposes of these Terms and Conditions, MTVNA includes its parents, related and subsidiary companies, past present and future officers, agents, representatives, employees, and assigns.
2. Entry requirements
(a) Entrants must be residents of Australia and unless otherwise stipulated in the Specific Terms of the competition, 12 years of age or older at the time of entry.
(b) The employees, agents and contractors of MTVNA, any of its affiliate, parent or subsidiary companies are not eligible to enter the Competition.
(c) Direct family members of any person included in 2(b) are not eligible to enter.
(d) A competition can be entered in the manner specified in any Specific Terms.
(e) Any person who fails to provide the information requested as part of an entry process will not be eligible for any competition prize.
(f) Any information, photographs, audio-visual or other material provided to MTVNA by an entrant as part on an entry to any competition will not be returned to entrants. Entrants are advised to not send original material.
(g) Entries to a competition open and close on the dates specified in the Specific Terms. Entries received after closing dates will not be eligible.
(h) MTVNA accepts no responsibility for lost entries.
(a) Competitions will be judged or drawn on or between the dates specified in the Specific Terms.
(b) Prize winners will be notified by the date specified in the Specific Terms.
(c) Prize winners will be notified by telephone at the number provided in the entry unless an alternate method of notification is specified in the Specific Terms. All reasonable efforts will be made to contact Prize Winners.
(d) The decision of the judges is final and MTVNA will not enter into correspondence or communication regarding the judges’ decisions even where MTVNA may not have acted reasonably or where MTVNA is shown to have made a decision in error.
(a) The prizes and their values are as specified in the Specific Terms.
(b) If a prize winner is under the age of 18 they must be accompanied by a parent or guardian when collecting any prize. Alternatively a prize may be collected by an authorised representative of the Prize Winner as agreed in writing between MTVNA and the Prize Winner.
(c) If any prize requires shipment to the prize winner MTVNA will pay the costs of such shipment to the prize winner’s usual residential address within Australia. MTVNA will not be responsible for insuring any prize during shipment or for any loss or damage to the prize during shipment.
(d) MTVNA may require any person collecting or receiving a prize to show photograph identification and/or sign a deed declaring that they have collected or received the prize before MTVNA gives the prize over.
(e) MTVNA may require any person collecting a prize to sign a copy of the Standard Terms and Conditions and or any Specific Terms.
(f) Once a prize has been collected MTVNA is not responsible for the use or distribution of any prize.
(g) MTVNA may decline to award a prize if in its reasonable opinion a prize winner is prevented by law from receiving the prize.
(h) All prizes must be collected within 3 months of the prize winner being notified by MTVNA that they are a prize winner. If a prize winner fails to collect a prize or declines to collect a prize MTVNA is under no obligation to otherwise compensate the prize winner or to award the prize to any other person.
(i) MTVNA will not be liable for any loss or damage whatsoever which is suffered (including but not limited to direct or consequential loss) or for personal injury suffered or sustained, as a result of taking any prize under any competition.
(j) MTVNA will not be liable to any prize winner and a prize winner will have no right, title and interest in any prize, and must return or refund any prize awarded if the prize winner is found to be ineligible to enter any competition or if MTVNA awards a prize in error.
(k) If a prize referred to in any competition becomes unavailable for any reason MTVNA reserves the right to substitute that prize for an item of similar value.
(l) Prizes are not transferable or redeemable for cash. MTVNA accepts no responsibility for any variation in the value of the prizes.
(m) Prize winners agree to participate in any promotional activity promoting MTVNA, prize sponsors and/or the competition at the reasonable request of MTVNA.
5. Intellectual Property
(a) MTVNA may record, reproduce, publish, adapt, communicate or otherwise use the entrants’ and/or prize winners’ performances, names, voices, and likeness for the purposes of creating or producing any television program or other audio and/or audio-visual material and for advertising and publicity purposes in any media in perpetuity without needing to provide additional compensation.
(b) Any material, including without limitation competition entries and images and/or audio-visual material included in competition entries, submitted or provided by a competition entrant, and/or prize winner in association with any competition will become the property of MTVNA and MTVNA may reproduce, publish, adapt, communicate, cause to be seen and/or heard in public or otherwise use any such material throughout the world in perpetuity and without needing to provide additional compensation.
(c) MTVNA may require an entrant or prize winner to execute any document necessary to give effect to 5(a) and/or (b).
(a) MTVNA may require any member of a prize winner to warrant and represent in writing to MTVNA that they:
(i) have not been charged or convicted of any criminal offence in Australia or any other jurisdiction;
(ii) have not been involved in any activity that if made publicly known is likely to bring MTVNA into disrepute; and
(iii) will not involve themselves in any activity that may in the future bring MTVNA into disrepute.
(b) Entrants warrant and represent to MTVNA that nothing in any entry to any competition infringes the rights, including copyright, of any third party and is not defamatory or obscene and does not breach any state or commonwealth law.
(c) Entrants indemnify MTVNA against any claim, loss or damager suffered by MTVNA as a direct or indirect consequence of a breach by the entrant of any warranty or representation contained in these Standard Terms and Conditions.
(d) If MTVNA becomes aware that a prize winner is in breach of any warranty contained in these Standard Terms and Conditions or made subsequently to MTVNA, MTVNA may deem that prize winner ineligible.
7. Governing Law
These Terms and Conditions are to be construed according to the laws New South Wales, Australia and are subject to the non-exclusive jurisdiction of the courts of that state.