Terms and Conditions
FOXTEL SUBSCRIPTION PROMOTION
Instructions on how to claim and the offer form part of these Terms and Conditions. Participation in this 'Subscription Offer' (Promotion) is deemed acceptance of these Terms and Conditions. This Promotion is not valid in conjunction with any other offer.
2. The Promotion commences at 9:00 am AEDST on 15th November 2012 and concludes at 11:59 pm AEDST on 7th January 2013 (Promotional Period).
The Promotion commences at 9:00 am AEDT on 1 July 2012 and closes at 11:59 pm AEDT on 2 September 2012 (Promotional Period).
To be eligible to claim a Bonus Gift (defined below), claimants must:
be aged 18 years or over and be an Australian resident with an Australian residential address (employees, and their immediate families, of FOXTEL Management Pty Limited (Promoter) and Samsung Electronics Australia Pty Ltd, participating retailers and agencies associated with this Promotion, are ineligible to claim);
purchase a Participating Product from one of the following Australian participating retail store during the Promotional Period;
Big Brown Box
Mitchell and Brown
JB Hi Fi
The Good Guys
World Digital Arcade
Whitfords Electrical Discounters
Wills the Quadrant
World's Best Technology
retain the POP Foxtel promotional card (Promotional Card) containing the promotional access code provided by the participating Australian retail store upon purchase of the Participating Product;
visit the Smart Hub on your Participating Product and download the 'FOXTEL on Internet TV' app, follow the prompts to the login screen and click redeem, input the requested details (including the promotional access code on the Promotional Card provided at the time of purchase and your email address) and submit the completed redemption form (Redemption Form); and
upon validation of the Participating Product and receipt of an email from the Promoter, click on the link provided in the email and complete the registration process for the 'FOXTEL on Internet TV' offer (including signing up for an account with the Promoter and providing personal and credit card details) (Registration),
(providing that all Redemption Forms and Registrations must be submitted no later than 11:59 pm AEDST on 14th January 2013); and
(hereafter referred to as Eligible Claimants).
All claims must be carried out by the actual purchaser of the Participating Product. Claims or registrations by any other person will not be accepted.
For the purpose of these Terms and Conditions:
'immediate families' 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;
'purchase' means payment in full of the Participating Product;
'participating Australian retail store' excludes any online bidding or auction websites (including www.ebay.com.au) or any unauthorised retails. Prior to purchasing a Participating Product, the customer should verify that the retailer is authorised to participate in this Promotion;
'Participating Products' means the Samsung TV models as set out in the table at Schedule 1 to these Terms and Conditions; and
'Bonus Gift means a free two month subscription to 'FOXTEL on Internet TV' Get Started, Movie, Entertainment and Sports Packages commencing on the date of Registration, which includes 30 FOXTEL channels (valued at $119.00).
For clarity, the definition of a Participating Product expressly excludes 'C grade' or 'seconds' products.
All eligible claims sent by Eligible Claimants in relation to a purchase of a Participating Product will receive the Bonus Gift. The Bonus Gift will be available for use by an Eligible Claimant immediately upon Registration. The Bonus Gift is not transferrable or exchangeable and cannot be taken as cash.
The Promotion may be extended at the Promoter's absolute discretion.
Claims regarding Participating Products after termination of this Promotion will be invalid. Prior to purchasing a Participating Product, the customer should verify with the participating Australian retail store that the Promotion is still available. The Promoter recommends that Eligible Claimants retain their original purchase receipt for their records. No responsibility is accepted for late, lost or misdirected facsimiles.
The Promoter reserves the right, at any time, to verify the validity of claims and claimants (including a claimant's identity, age and place of residence, purchase receipt and serial number) and to disqualify any claimant who submits a claim that is not in accordance with these Terms and Conditions or who tampers with the claim process. The Promoter's decision is final and no correspondence will be entered into. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Incomplete, indecipherable or illegible claims will be deemed invalid. Eligible Claimants are responsible for ensuring their correct details are provided and any updated details are notified to the Promoter. The Promoter accepts no responsibility should an Eligible Claimant fail to receive their Bonus Gift because of a failure to notify the Promoter of the change to these details, or if the claimant has misplaced or lost their Promotional Card
Multiple entries are permitted, subject to the following:
only one (1) claim permitted per Participating Product;
each claim must be submitted separately and in accordance with claim requirements.
The Promoter accepts no responsibility for any lost or stolen Promotional Cards.
Any cost associated with use of the Bonus Gift (including any costs associated with the subscription to 'FOXTEL on Internet TV' following the expiration of the Bonus Gift) will be at the Eligible Claimant's sole responsibility and expense. Eligible Claimant's should be aware that:
a high speed internet connection with a recommended minimum internet data speed of 2mbps is required to use the Bonus Gift;
regular data download charges apply (unless the Eligible Claimant has an internet service account with BigPond in which case access to Bonus Gift and any ongoing access to the 'FOXTEL on Internet TV' following the expiration of the Bonus Gift, will be unmetered);
the Bonus Gift (and any ongoing subscription to 'FOXTEL on Internet TV' following the expiration of the Bonus Gift) can only be used on one (1) Participating Product and the Participating Product needs to be located at the address provided in the Registration;
the Bonus Gift (and any ongoing subscription to 'FOXTEL on Internet TV' following the expiration of the Bonus Gift) is not available for use from a business address;
Eligible Claimants will be charged upon Registration a $10 pre-authorisation amount by FOXTEL to the credit card provided upon Registration. This amount will be refunded to Eligible Claimants for further details visit www.foxtel.com.au/internettv.
Eligible Claimants may change their subscription package to the 'FOXTEL on Internet TV' with the Promoter at any time, including to purchase additional package add-ons (which will be billed to the credit card provided upon Registration) or to cancel the subscription.
At the end of the free two (2) month subscription included in the Bonus Gift, standard monthly fees will apply (currently $59.50 per month based on the Get Started, Movie, Entertainment and Sports Packages) and Eligible Claimants will be charged the standard monthly fees until an Eligible Claimant chooses to cancel the subscription. Eligible Claimants may cancel the subscription at any time, including before the end of the free two (2) month subscription included in the Bonus Gift to avoid being charged. Cancellations can be made by logging on to www.foxtel.com.au/internettv and selecting the disconnect page. All pricing correct as at 17 October 2012.
The Promoter reserves the right to reclaim from any Eligible Claimant the Bonus Gift, if the initially purchased Participating Product is returned after the claim has been processed and fulfilled. This clause does not limit or affect the Eligible Claimant's rights with regards to warranties on the Participating Product either from the manufacturer or implied by legislation.
If the Bonus Gift is unavailable, the Promoter, in its discretion, reserves the right to substitute the Bonus Gift with a gift to the equal value and/or specification.
If this offer 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any claimant; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.
Any cost associated with accessing the Promoter's website for the purpose of registering a claim is the Eligible Claimant's responsibility and is dependent on the internet service provider used. The Promoter makes no guarantee of the availability of its web services and will not be held responsible for interruption of service that may interfere with the ability to participate in the Promotion.
Subject to clause 22, the Promoter (including its 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 offer, including, but not limited to, where arising out of the following: (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, registration, original purchase documentation or Bonus Gift 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 Bonus Gift value to that stated in these Terms and Conditions; (e) any tax liability incurred by a claimant; or (f) use of the Bonus Gift.
Nothing in these Terms and Conditions is intended to exclude, restrict or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) (CCA) or any other legislation which may not be excluded, restricted or modified by agreement. If the CCA or any other legislation implies a condition, warranty or term into the Terms and Conditions or provides statutory guarantees in connection with these Terms and Conditions, in respect of goods and services supplied (if any), the Promoter's liability for breach of such a condition, warranty, other term or guarantee is limited to (at the Promoter's election) to the extent it is able to do so: (a) in the case of supply of goods, the Promoter doing any one or more of the following: (i) replacing the goods or supplying equivalent goods (ii) repairing the goods (ii) paying the cost of replacing the goods or of acquiring equivalent goods; and/or (iv) paying the cost of having the goods repaired; or (b) in the case of supply of services, the Promoter doing either or both of the following; (i) supply the services again; and/or (ii) paying the cost of having the services supplied again.
FOXTEL on Internet TV is provided to you by FOXTEL Management Pty Ltd. For full terms and conditions for the FOXTEL on Internet TV service see www.foxtel.com.au/internettv
Schedule 1 - Participating Products
|'Participating Products'||Bonus Gift|
|Slim LED 9/8 Series||Slim LED 7 Series||Slim LED 6/5 Series||LED 5 Series||Plasma 8 Series||A free two month subscription to FOXTEL on Internet TV Get Started package.|