MIFF Audience Award Terms & Conditions

MELBOURNE INTERNATIONAL FILM FESTIVAL – The MIFF Audience Award (“Competition”)

Entry into the Competition is subject to acceptance of the Terms and Conditions set out below:

TERMS AND CONDITIONS

  1. Instructions on how to claim and the Prize (defined below) form part of these Terms and Conditions. Participation in the Competition is deemed acceptance of these Terms and Conditions. Offer not valid in conjunction with any other offer.
  2. The promoter is FILMFEST LIMITED Trading As MELBOURNE INTERNATIONAL FILM FESTIVAL (ABN 12 0063 919 02) Level 3, 290 Collins Street, Block Court, Melbourne, VIC, 3000, telephone 03 8660 4888 (“Promoter” or “MIFF”).
  3. Entries are open to Australian residents only. The Prize does not include any travel or other costs from the Winner’s residence to the Prize destination and the Winner shall be solely liable for such costs.
  4. Entrants under 18 years old must have parental/guardian approval to claim and further, the parent/guardian of the claimant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor submitting an entry into the Competition.
  5. An entrant must be an individual and not a company or organisation.
  6. The Prize is valid from 1st September 2018 to 31st August 2019 (“Prize Valid Period”). Use of the Prize or any part of the Prize is subject to availability and, where applicable, subject to suitable weather and conditions for any part of the Prize to be undertaken (including but not limited to any activity portion of the Prize).  If any part of the Prize is unavailable or unable to be undertaken, the Promoter reserves the right to substitute any part of the Prize in the Promoter’s sole discretion.  Entry into the Competition is free.
  7. Employees (and their immediate families) of the Promoter and agencies associated with this Competition are ineligible for entry to the Competition. 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 1st cousins.
  8. The Competition commences on 3rd August 2018 and ends at 11.59pm AEST on 22nd August 2018 (“Competition Period”). In respect to addresses mentioned on the entry form, entrants may not specify a PO box address – any entry which specifies a PO Box address will automatically be deemed invalid.
  9. To enter the Competition, entrants must have a valid online account with the Promoter linked to a valid email address (“Entrant MIFF Account”).  Entrants must rate the films viewed by the entrant at the 2018 Melbourne International Film Festival (“Festival”) by logging into the Entrant MIFF Account via the MIFF Website or using the MIFF App and giving each film a rating score of 1, 2, 3 or 4.  Entrants may only rate each film once and only after the film has screened at the Festival.  Rating of any films prior to first screening at the Festival or after the end of the Competition Period will be invalid.
  10. All entries properly received by the Promoter within the Competition Period will be entered into a draw to be undertaken on 24th August 2018 (“Prize Draw”).  The Prize Draw will involve a random selection of all Competition entrants.  The Competition winner selected from the Prize Draw will be announced on the MIFF Website on 29th August 2018 (“Winner”).  The Winner may additionally, at the Promoter’s discretion, be notified by mail, or email or via private message on Facebook or Instagram (if details known to the Promoter).  The Winner must claim the Prize by no later than 6th September 2018 (“Prize Claim Date”) and use the Prize by no later than the expiry of the Prize Valid Period.  If the Winner does not claim the Prize by the Prize Claim Date or use the Prize prior to expiry of the Prize Valid Period, the Prize shall be forfeited without any liability to the Winner by the Promoter. The Promoter reserves the right to request the Winners proof of identity, proof of residency and/or proof of valid entry in order to claim the Prize.
  11. There is no limit on the number of entries into the Competition per person and per residential/postal address but each film may only be rated once per entrant.  Entries are deemed received at the time of receipt into the Promoter’s database and the Promoter is not responsible for receipt of incorrect, inaccurate or incomplete information caused by an entrant on transmission.  The promoter is not responsible for any technical problems resulting from any entrant’s participation or sending or receiving of any communications or materials related to the Competition.  The Promoter has no obligation to acknowledge any entry.
  12. The Winner must be the applicable registrant of the Entrant MIFF Account. If there is a dispute as to the identity of the Winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the Winner including the right to conduct a further Prize Draw to determine an alternative Winner.
  13. MIFF’s decision and declaration of the Winner is final and no correspondence will be entered into. MIFF can refuse to accept an entry in its absolute discretion.  MIFF reserves the right, at any time, to verify the validity of any entrant (including the identity, age and place of residence of any entrant) and to disqualify any entrant whose entry is not in accordance with these Terms and Conditions.  Any incomplete or indecipherable entry will be deemed invalid.
  14. The Prize is not able to be transferred, exchanged or redeemed for cash and is subject to any terms and conditions imposed by any supplier of the Prize to the Promoter. Substitute prizes to the same or similar value as the Prize may be substituted in MIFF’s absolute discretion. If any part of the Prize is abandoned, varied, postponed or unavailable for any reason, at the Promoter’s discretion, the Winner shall forfeit all rights to receive the Prize and no cash or alternative prize will be substituted.
  15. If the Winner does not come forward or claim the Prize within a reasonable time or by the Prize Claim Date, the Prize is forfeited and a new winner may be drawn by the Promoter.
  16. Any decision made by MIFF in respect of the Competition including cancelling the Competition is final and binding and no correspondence will be entered into.
  17. The Prize shall consist of the following;
    • Four (4) days complimentary hire of a MINI Countryman (Friday-Monday) valued at $400
    • Two (2) night stay for two (2) people in a luxury boutique villa at Polperro Winery including two (2) breakfasts. Accommodation not available on a long weekend, total value of $1800;
    • Luxurious in room gift valued at $100;
    • Dinner at Polperro Winery and Cellar door including private tasting valued at $300;
    • Charcuterie picnic basket provided by Polperro valued at $100;
    • Return Seaferry pass valued at $144;
    • Lunch at Scotchmans Hill, private tasting and winery tour valued at $150;
    • Scotchmans Hill x MIFF Six pack of wines valued at $170;
    • In room tasting plate provided by Polperro valued at $250;
    • VicRoads Custom Plates gift voucher vaid for 12 months valued at $495
  18. The total value of the Prize is A$3895
  19. The Winner consents to the Promoter using their name, likeness, image and/or (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting the Competition (including any outcome), and promoting the Festival.
  20. If the Competition 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 Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its 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 Competition, as appropriate.
  21. Any cost associated with accessing the MIFF Website or App is the entrant’s responsibility and is dependent on the Internet service provider used by the entrant. The use of any automated software or any other mechanical or electronic means that allows an entrant to automatically rate any film repeatedly is prohibited and will render all entries submitted by that entrant invalid or all entries in excess of one (1) submitted by that entrant invalid, as determined by the Promoter in its complete discretion.
  22. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection lawsin 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 Promoter (including its respective officers, employees and agents) excludes 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 Competition.
  23. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in the Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a claimant; or (f) use of the Prize or any individual part of the Prize.
  24. As a condition of claiming the Prize, the Winner may be required to sign any legal documentation as and in the form required by the Promoter and/or reward suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event the Winner is under the age of 18, a nominated parent/legal guardian of such Winner will be required to sign the legal documentation required under this clause on their behalf.
  25. The Promoter collects personal information ("PI") in order to conduct the Competition 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. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at the Promoter’s website.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Winner and any entrant to the Competition. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.
  26. The Promoter and its associated agencies shall not be liable in any way if the performance of its obligations hereunder are delayed or become impossible by reason of any act of god, war, fire, earthquake, strike, sickness, accident, civil commotion or other cause outside of the control of the Promoter.
  27. These Terms and Conditions shall be governed by the laws of the State of Victoria, Australia.