Vivid Sydney App Game Terms and Conditions

Introduction

These Terms and Conditions are applicable to all services provided by Destination NSW.

Your agreement to these terms and conditions will be indicated by commencement or completion of any gamified activities within the Vivid Sydney 2018 mobile application on either the Android or iOS platform, or both.

This Terms and Conditions shall be governed by the laws in force in the State of New South Wales.

These Terms and Conditions may be amended at any time without notice.

If any clause of these Terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable clause shall be deemed to be omitted.
A 'Participant' is any individual who downloads and opens the Sydney Vivid application on an iOS or Android mobile device.

Permit number – LTPS/18/24199. "This is a Game of Chance.” By registering for the competition, the Participant agrees to be bound by these Terms and Conditions. 

The Game

1. The game will run from 18.00hrs - 23.00hrs from the 25th May 2018 to the 16th June 2018. All participants must have completed the activity by the end of this period (the ‘Entry Period’).
2. The Minimum age for a Participant is 16 years of age.
3. Participants can only enter the competition once.
4. A user must enable their location settings to allow for the precincts to be tracked.
5. The prize: 5 winners will receive a Samsung Galaxy S9+, valued at $1,349.
6. The mechanics of the competition are as follows:

a. Download the Vivid Sydney 2018 app
b. Depending on status, the game’s on-boarding is as follows:
 


User already signed into ‘My Vivid’ with account User not signed up to a ‘My Vivid’ account
Receive push notification when entering a geo-fenced precinct Receive push notification when entering a geo-fenced precinct
Receive notification and an on-boarding tutorial regarding the game. Receive notification and an on-boarding tutorial regarding the game.
Discover, by entering, 3 additional (4 in total) stated precincts. Discover, by entering, 3 additional (4 in total) stated precincts.
‘Game Bar’ track progress, and auto-populates as a user enters additional precincts ‘Game Bar’ track progress, and auto-populates as a user enters additional precincts
Received notification of automatic entry into a draw, once the game bar is full.   When game bar is full, user is prompted to create an account and/or ‘sign up’ to be entered into the draw to win.
Entry into draw to win at random Entry into draw to win at random

 

c. The draw will occur on Wednesday 20th June at 12.00hrs
d. The winners will be selected at random, using an online data-sorting tool. The decision on the winner of the prize will be final.
e. The Promoter reserves the right to request verification of age, identity, residential address of the Prize Winner and any other information relevant to entry into or participation in this competition. Verification is at the discretion of the Promoter, whose decision is final.
f.The Promoter reserves the right to verify the validity of entries and to disqualify any entry that is not in accordance with these Conditions of Entry.
g. Incomplete, ineligible or incomprehensible entries will be deemed invalid.
h. The Promoter reserves the right to disqualify any individual who is deemed to be involved in any way in interfering or tampering with the conduct of this competition in any manner.
i. Employees of Destination NSW and/or its related companies and/or any agencies associated with the Survey, and members of their respective “Employee’s Immediate Families”, are not eligible to participate in the Survey. "Employee’s Immediate Family" means spouse, de facto spouse, parent, natural or adopted child, and sibling (whether natural, or adopted by a parent), whether or not they live in the same household as the employee.
j. Any costs associated with accessing the website/application is the Entrant’s responsibility and are dependent on the internet service provider used. All costs incurred by the Prize Winner and guest must be borne by the Prize Winner and guest except for costs specified in the Prize descriptions below
k. The winners will be announced on the Vivid Sydney Website on Monday 25th June 2018
l. There will be 5 Prize Winners selected from Participants who have entered between the Entry Period.
m. The Prize cannot be on-sold on auction websites, classifieds or by other method of re-sale.
n. The Prize cannot be used for any other promotions/competitions.
o. The Prize is non-transferable, non-refundable, non-exchangeable, non-replaceable and non-redeemable for cash. The Prize cannot be used to purchase gift certificates or lay-buys nor can they be re-sold. The Prize must be taken as offered. No modifications or exchanges will be possible. The Promoter accepts no responsibility for any variation in the value, performance or availability of any Prize.
p. In the event that for any reason whatsoever a Prize Winner does not take an element of the Prize at the time agreed by the Promoter then that element of the Prize will be forfeited by that Prize Winner and cash will not be awarded in lieu of that element of the Prize
q. The Prize Winner will be notified by the method of contact provided following the draw.
r. The Prize Winner must notify Destination NSW and claim the prize within 90 days otherwise a redraw will occur until a winner is selected and the prize is claimed. 

5. The Promoter reserves the right to verify the validity of entries and to disqualify any entry that is not in accordance with these Conditions of Entry.

 

Any Participant may be disqualified from this competition at the discretion of the Promoter for any failure to comply with these Terms and Conditions or cheating in any way such as:

a. Using any cheats, hacks or other 3rd party "helper" applications or “bots” to simulate human interaction;
b. Exploiting the application in any way or using the application in any way that circumvents the purpose and conditions of the competition.
c. Abusive behaviour, including any use of harassing, negative or profane language in Entrant submissions will not be tolerated and will also constitute grounds for immediate disqualification.
d. The Promoter reserves the right to disallow any entry and/or refuse to award a Prize where false or misleading details have been given by the Entrant. The Promoter also reserves the right to disqualify any individual who is involved in any way in interfering or tampering with the conduct of this competition. The Promoter reserves the right in its sole discretion to disqualify any individual who it has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the competition.

6. Users signing up to a ‘My Vivid’ account will have an option to be added to a Vivid Sydney newsletter mailing list.  This is an ‘opt-in’ only feature, pursuant to, and in accordance with, data privacy policies.  
7. The privacy policy is available at www.destinationnsw.com.au/privacy-policy.
 

Game Cancellation

If you withdraw playing the competition at any stage for any reason, then you agree that you lose the chance to win any of the stated prizes and cease all efforts that you have gone through.

Confidentiality and Privacy

Your personal details are collected when you create a My Vivid Sydney profile. You authorise Destination NSW to publicise your participation in the game and your details if you are the winner of the competition.

As far as the law permits, Destination NSW will keep the information confidential and not share it with third parties.

Subject to compliance of Destination NSW privacy policy, Destination NSW will collect information (including personal information) from all Surveys/Participants and use it for the purposes of the Survey and for its purposes. Participants consent to Destination NSW disclosing information, including personal information, to third parties for the purposes of the Survey. All personal information provided by Participants will be held by Destination NSW in accordance with Destination NSW’s privacy policy, available at: www.destinationnsw.com.au/privacy-policy.

Indemnity

You indemnify Destination NSW and it’s suppliers against all losses, damage or liability arising in connection with:

  • claims by third parties of infringement of intellectual property;
  • competing claims to title;
  • claims by government authorities for breach of laws; or
  • liability for taxes, duties, fines or penalties
  • loss of information due to technical issues.
  • all consequential loss or contingent liability

Limitation of Liability

To the maximum extent permitted by law, Destination NSW gives no warranties, and shall have no liability to you in relation to:

  • Use or implementation of the Vivid Sydney 2018 application services;
  • Unsuitability of the Vivid Sydney 2018 services for any specific purpose;
  • Without limiting the foregoing provisions of this clause, neither Destination NSW, its employees, nor contractors shall have any liability in relation to any indirect or consequential loss, relating to any of the services provided.

14. Destination NSW assumes no responsibility for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then Destination NSW may modify the competition.
15. Destination NSW makes no representations or warranties as to the quality/suitability of any of the goods or services offered as Prizes. Destination NSW is not liable for any loss suffered or sustained, to person or property and including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by it, or its agents, in connection with the arrangement for supply, or the supply, of any goods or services connected with this competition. 
16. Destination NSW shall not be liable for any loss or damage whatsoever that is suffered by any Participant (including but not limited to indirect or consequential loss), or for any personal injury suffered or sustained as a result of taking any Prize, except for any liability that cannot be excluded by law.
17. If this competition is not capable of running as planned due to any reason, including unauthorised intervention, fraud, or any other causes beyond the control of Destination NSW, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this competition, Destination NSW reserves the right (subject to any applicable law) in its sole discretion to cancel the Survey or to disqualify any individual who has tampered with the Survey process. 
18.  Under Privacy law, Participants may access personal information that Destination NSW holds about them and seek correction of that information at any time. Participants may notify Destination NSW by email (info@DNSW.com.au) to correct any personal information Destination NSW holds about them. You can obtain a copy of Destination NSW’s privacy policy at its website: www.destinationnsw.com.au/privacy-policy. Any questions about this Survey may initially be directed to: info@Destination NSW.com.au.
 

Intellectual Property

19. Save and except for any third-party copyright included on this app under a licence or agreement, all the content of this app and downloads from it, is owned by Destination NSW. All rights are reserved.
 

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including electronic, mechanical, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.

Destination NSW makes no warranties or representations that third party material on this game or material on other websites to which this Game is linked, does not infringe the intellectual property rights of any person anywhere in the world.

Destination NSW shall own the copyright (both economic and moral rights) in all works created by virtue of the Game Service and shall retain the exclusive right to make reproductions of such works.

Third Party Material

Destination NSW or it’s partners does not sell or provide your personal information to third parties. However, Destination NSW may use your information without making reference to your name, to create marketing statistics, identity user demands and to assist in meeting your needs.

Consequences of use

This competition may only be used for lawful purposes. Any unlawful use of the Game may give rise to an offence or claim being made against you.

Guarantee by corporate officers

If you are representing a company/corporate entity, you jointly and severally guarantee all obligations of your company under this Terms and Conditions; and you jointly and separately indemnify Destination NSW in respect of any breach or any default under this Terms and Conditions.

Disclaimer

All information provided on this competition is general in nature and some clauses may not apply to your personal circumstances.

Governing Law and Jurisdiction

a. These Terms and Conditions are governed by the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of its courts for the resolution of any dispute, difference, controversy or claim arising in connection with these Terms and Conditions and/or this competition