TERMS AND CONDITIONS

Introduction

1. Information on how to enter this promotion and the prize to be won forms part of these Terms and Conditions. By participating, entrants (“you”) agree to be bound by these Terms and Conditions. Entries must comply with these Terms and Conditions to be valid.

2. Entry is only open to residents of New South Wales, Australia who are aged eighteen (18) years or over.

3. Employees (including contractor staff) of the Promoters and their Immediate Families, and any of the Promoters’ agencies, suppliers or contractors associated with this promotion and their Immediate Families, are ineligible to enter. (“Immediate Family” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.)

4. The Promoters reserve the right, in their sole discretion, but shall not be under any obligation, to verify the validity of any Entry or any information provided by an entrant (including his or her identity, age, residential address and any other information relevant to entry into, or participation in, this promotion). If the Promoters, in their sole discretion, carry out any verification, their decision shall be final and you agree not to make any claim or complaint in relation to the same. The Promoters may, in their sole discretion, disqualify any individual who submits an Entry that in the sole opinion of the Promoters is not in accordance with these Terms and Conditions, whose Entry is contrary to any law or regulation, or who provides false information, fails to provide information, conspires with others to gain an unfair advantage or who is otherwise involved in manipulating, interfering or tampering in any way with this promotion. You agree and acknowledge that the Promoters shall not be obliged to explain or disclose their reasons for disqualification, and that all disqualification decisions made by the Promoters shall be final and not subject to challenge or inquiry. Failure by the Promoters to enforce any of their rights at any stage does not constitute a waiver of those rights. The Promoters’ legal rights to recover damages or other compensation are expressly and generally reserved.

5. This promotion commences at 5pm AEST on 31 August 2023 and final entries close at 5pm AEST on 11 September 2023 (“Promotional Period”).

6. Entries must be received before the end of the Promotional Period. Entries are deemed to be made at the time of receipt by the Promoters, not the time of posting or transmission by you. The Promoters accept no responsibility for any entries not received for any reason (whether or not due to any negligence by the Promoters), including without limitation any technical errors, misdirection or misspellings.

How to Enter

7. To participate in the promotion, you must complete each of the following steps during the Promotional Period to submit an “Entry”:

(a) attend the TEDxSydney 2023 event;

(b) register for The Tipping Point Film Festival; 

(c) visit the link to the entry form at https://forms.gle/6bKh2uxpeZQozdkR8;

(d) input the requested details; and

(e) submit the fully completed entry form online.

8. Only one (1) Entry is permitted per person.

9. Incomplete, indecipherable, or illegible Entries will be deemed invalid.

Prizes and Draw

10. There will be one prize (the “Prize”) to be won during the Promotional Period. The total prize pool value is A$4,050.

11. The Prize is a tour for the winner and a companion chosen by the winner, on an Intrepid Travel’s Vietnam Express Southbound small group adventure tour, as described at https://www.intrepidtravel.com/au/vietnam/vietnam-express-southbound-143655, which departs by 14 December 2024 (the “Tour”), valued at A$4,050.

12. A draw will take place at 11am AEST on 17 September 2023 (the “Draw Date”) at Documentary Australia Pty Ltd, 52 Victoria Street, Paddington, Sydney NSW 2021.

13. The Promoters may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.

14. On the Draw Date, the winner will be randomly drawn from all entries received during the Promotion Period. The first valid entry drawn will win the Prize.

15. The Promoters’ decision is final and no correspondence will be entered into.

16. The winner will be notified in writing by email to the email address they submitted as part of their entry on 21 September 2023. Winners must contact the Promoters within 5 calendar days of the day that the notification was issued by the Promoters, and follow the instructions set out in the notification. The winner must confirm whether they accept the Prize within 5 calendar days of being notified that they are a winner, or else they will be taken to have forfeited their right to the Prize.

17. The Promoters will make all reasonable attempts to identify and contact the winner.

18. In the event that the Prize winner cannot be identified or contacted by 11am AEDT on 18 October 2023, despite all reasonable attempts to do so by the Promoters, or the Prize is unclaimed by that time for any other reason whatsoever (including because a winner has forfeited his or her right to a Prize, a winner or the winning entry does not comply with these Terms and Conditions, or otherwise), the Promoters will conduct a second chance draw on 18 October 2023 (“Second Draw Date”), at the same time and location as the first draw in order to determine a second chance winner for the Prize in the same manner as the original prize draw (subject to any written directions from a regulatory authority).

19. Any second chance winner will be notified in writing by email within two (2) business days from the Second Draw Date. The second chance winner must contact the Promoters within 5 calendar days of the day that the notification was issued by the Promoters, and follow the instructions set out in the notification. The second chance winner must confirm whether they accept the Prize within 5 calendar days of being notified that they are a second chance winner, or else they will be taken to have forfeited their right to the Prize.

20. The Promoters will make all reasonable attempts to identify and contact the second chance winner.

21. In the event that the second chance prize winner cannot be identified or contacted by 11am AEDT on 20 November 2024 despite all reasonable attempts to do so by the Promoters, or the Prize is unclaimed by that time for any other reason whatsoever (including because the second chance winner has forfeited their right to the Prize, the second chance winner or the second chance winning entry does not comply with these Terms and Conditions, or otherwise), the Promoters may dispose of the Prize (or that part of the Prize) as it sees fit (subject to any written directions from a regulatory authority).

22. The booking of the Tour must be made with Intrepid Travel Pty Ltd (ABN 35 007 172 456) of Level 7, 567 Collins Street, Melbourne Vic 3000, telephone 1300 768 396, and is subject to the Intrepid Booking Conditions which can be found at: https://www.intrepidtravel.com/booking-intrepid/booking-conditions, including any applicable age restriction. The Promoters hereby expressly reserve the right to eject any winner (and/or any companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the Tour. The winner (and any companion) will be responsible for their own transport (e.g. flights) to and from the starting and finishing points of the Tour (in Vietnam), travel insurance, any additional meals or accommodation not included in the itinerary, and any costs associated. The winner (and any companion) will also be responsible for ensuring that they have valid passports and any required visas, vaccinations and travel documentation for the purposes of the Tour.

23. Any costs associated with entering this promotion or claiming the Prize are the responsibility of the entrant and under no circumstances whatsoever may a claim be brought against the Promoters for any such costs (whether as damages, loss, expense or otherwise).

24. If the Prize is unavailable, the Promoters, in their discretion, reserve the right to substitute the Prize (or that part of the Prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority

25. For the avoidance of doubt, the Promoters will not provide any substitute for the Prize if the Tour (or part thereof) is cancelled, suspended, delayed or postponed, or if the winner is not able to, fails to or is unwilling to travel to the relevant destination for any reason not due to the fault of the Promoters (including without limitation any travel ban or health/travel warnings). All travel is at the winner’s and his/her/their travel companion’s own risk.

26. The Prize cannot be resold (at a premium or otherwise) or advertised or offered for resale on the Internet or any other medium.

27. The Prize, or any unused portion of the Prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. All taxes that may be payable as a consequence of receiving the Prize are the sole responsibility of the winner.

28. The winner of the Prize must immediately provide a copy of these Terms and Conditions to his or her chosen companion. By agreeing to participate in the Prize, each companion agrees to be bound by these Terms and Conditions in the same manner, and to the same extent, as the winner.

29. The winner must redeem the Prize by booking their Tour by 11:59pm AEST on 17 September 2024. All travel, accommodation and activities are subject to availability at all times. A booking for the Tour on a date requested by the winner will not be accepted unless a minimum of 4 travellers (including the winner and any companion) are confirmed for the Tour on the requested date. The Tour must have commenced by 14 December 2024.

General

30. Entrants consent to the Promoters using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome).

31. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoters, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoters reserves the right, in their sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

32. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

33. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoters (including their respective officers, employees and agents) exclude all liability (including negligence) for any personal injury or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the promotion.

34. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoters (including their respective officers, employees and agents) are not responsible for and exclude all liability (including negligence) for any personal injury or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of any:

(a) technical difficulties or equipment malfunction (whether or not under the Promoters’ control);

(b) theft, unauthorised access or third party interference;

(c) Entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoters) due to any reason beyond the reasonable control of the Promoters;

(d) variation in prize value to that stated in these Terms and Conditions;

(e) tax liability incurred by a winner or entrant; or

(f) redemption/use of and/or participation in a prize.

35. To the extent permitted by law, the Promoters (including their officers, employees and agents) will not be responsible for any acts of God, acts of terrorism or war (declared or undeclared), state of emergency, disaster, epidemic, pandemic (including any outbreak or spread of the coronavirus disease known as COVID-19, including any events, circumstances or conditions that may result therefrom), technical failures, tampering, unauthorised intervention, fraud, computer viruses or other events beyond the control of the Promoters which affect the proper conduct or administration of this promotion, or prevent the awarding of a Prize in accordance with these Terms and Conditions. If such event occurs, the Promoters reserve the right in their sole discretion to cancel, terminate, modify or suspend the promotion, subject to any written directions from a relevant regulatory authority.

36. As a condition of participating in the promotion, all entrants (whether or not a winner) will indemnify the Promoters, all organisers, sponsors and all other persons and organisations associated in any way with this promotion and their affiliates against all claims, damages, liabilities, costs and expenses (including costs on a solicitor-client basis) which the Promoters and their affiliates may incur arising out of their participation in the Promotion or (if applicable) the Prize, by the entrant, any breach of these Terms and Conditions, or any wrongful or illegal act or omission in the promotion and/or course of participating in the Prize, howsoever caused.

37. The Promoters collect personal information (“PI”) in order to conduct their business and the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI and if entrants do not provide their PI they will not be eligible to enter this promotion. Collection of PI about entrants may also be required under applicable trade promotion laws. The Promoters will otherwise collect, hold, use, disclose and handle PI as set out in its Privacy Policies, which can be viewed at https://documentaryaustralia.com.au/privacy-policy/, https://www.intrepidtravel.com/au/booking-intrepid/privacy and https://tedxsydney.com/privacy/.

38. The laws of New South Wales, Australia apply to this promotion to the exclusion of any other law. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

39. The promoters are:

(a) Documentary Australia Pty Ltd (ABN 12 119 563 941) as trustee for the Documentary Australia Trust (ABN 11 227 328 793) of 52 Victoria Street Paddington, Sydney NSW 2021, telephone 02 9397 1473;

(b) Intrepid Travel Pty Ltd (ABN 35 007 172 456) of Level 7, 567 Collins Street, Melbourne Vic 3000, telephone 1300 768 396; and

(c) TEDxSYDNEY Limited (ABN 37 164 042 746) of Suite 103, Level 1 Walker Street, North Sydney NSW 2059, together, (“Promoters”).