Crowded House Competition T&Cs

We are running a competition (Competition) to give Crowded House fans the chance to win:

A signed, custom Gravity Stairs Fender® American Professional II Telecaster® in Olympic White (the Prize).

If you want to be in it to win it, please read the terms below along with accompanying information on how to enter (T&Cs). Your entry into the Competition is deemed your acceptance of these T&Cs.

1. PROMOTER

1.1 - The Promoter is BMG Rights Management (Australia) Pty Ltd (ACN 605 518 312) having its registered office at Level 3, 270 Devonshire Street, Surry Hills NSW 2010 Australia. (Promoter).

2. ELIGIBILITY

2.1 - Entry is only open to Australian and New Zealand residents with a valid email address.

2.2 - Employees, participating retailers and agents of Promoter or any company associated with the Promoter, and their immediate families are not eligible to enter 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, auntie, niece, nephew, brother, sister, step-brother, step-sister or first cousin.

3. ENTRY

3.1 - The Competition will be open from 9 AM AEST on 23 May 2024 and entries close at 3 PM AEST on 6 June 2024. All entries are deemed to be received at the time of receipt NOT at the time of sending by entrants. Late entries will not be eligible.

3.2 - To enter the Competition, entrants must click on https://merchjungle.com/collections/crowded-house and purchase any format of the Gravity Stairs album.

3.3 - Any cost associated with accessing the Competition page is the entrant's sole responsibility and dependent on the Internet service provider used.

3.4 - Each separate transaction purchase by entrants will be counted an entry.

3.5 - For entry to be successful, the entrant must:

(a) Enter their full legal name, location and valid email address;

(b) Acknowledge acceptance of these T&Cs;

(c) Warrant that the content of their entry is truthful, accurate and complete, as well as otherwise compliant with these T&Cs.

3.6 - Entrants accept that incomplete and illegible entries, as well as entries that breach these T&Cs, will be deemed invalid, as determined by the Promoter in its sole discretion. The Promoter will also disqualify any individual who has tampered with the entry process or any other aspect of this Competition. In particular, computer-generated entries and the use of "scripting" is not permitted and will not be accepted.

3.7 - The Promoter is not responsible for any misdirected, late or incomprehensible entries in the Competition, or any problems or technical malfunctions of any telephone network, computer on-line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrants or any other person’s computer related to or resulting from participation in in this Competition.

3.8 - The Promoter will collect personal information about entrants for the purposes of conducting the Competition and awarding the Prize. The Promoter will collect and store all personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and the Promoter’s Privacy Policy (which can be found at https://bmg.com/au/privacy-policy.html). In addition, it is a condition of entry into the Competition that:

(a) all entrants consent to subscribing to direct marketing communications from the Promoter about Crowded House, including information about upcoming tours, releases and merchandise;

(b) the Winner consents to the publication of their name in any advertisements or articles relating to the Competition or the Prize; and

(c) the Winner agrees to participate in any media releases which may include photographs of the Winner by the Promoter.

4. WINNER

4.1 - The competition is a ‘game of chance’ lottery whereby the Promoter will randomly draw one (1) entrant by a lot allocated at entry as per clause 3 (Winner). The draw will take place via an electronic draw system at the Promoter’s registered offices. The Winners will be drawn at 3 PM AEST on 25 June 2024. The Winner will be announced on 26 June 2024 and will be published as the Winner on the same date via the Crowded House Instagram page.

4.2 - The Winner will be notified through the contact details provided in their entry. If the Prize is not claimed by the winner, or the Winner’s identity cannot be verified in accordance with these T&Cs, within seven (7) days of receipt of notification of their winnings by the Promoter (or any later period set by the Promoter by written notice to the Winner as extended by the Promoter), the Prize will be forfeited and will be awarded to an alternate winner (Alternate Winner).

4.3 - At the Promoters sole and absolute discretion, the Winner may be required to verify their identity. The Promoter in its absolute discretion reserves the right to verify the validity of the entrant’s identity (including an entrant’s place of residence), including by way of a statutory declaration, and to disqualify entrants if any information provided by an entrant is false or misleading in any way. If the Winner does not verify their identity, upon the request of the Promoter within seven (7) days of the request (or any later period set by the Promoter by written notice to the Winner as extended by the Promoter), the Prize will be forfeited and will be awarded to an Alternate Winner.

4.4 - If the Winner is unavailable to accept delivery of the Prize at the scheduled delivery time, the Winner agrees and acknowledges that it will forfeit the Prize and that the Promoter may award the Prize to an alternate winner.

4.5 - The Promoter’s random draw of the Winner or any other aspect of the Competition is final and binding on each entrant who enters, and no correspondence will be entered into.

4.6 - Once the Prize is claimed, the Winner will have their name published on various media (including social media platforms) for promotional purposes at the Promoter’s discretion.

5. PRIZE

5.1 - The Winner will receive:

A signed custom Gravity Stairs Fender® American Professional II Telecaster® in Olympic White, valued at approximately AUD$3,500.00 (the Prize).

5.2 - Any change in value of the Prize occurring between the publishing date and date the Prize is claimed is not the responsibility of the Promoter.

5.3 - The Prize is non-exchangeable for other goods or services and cannot be redeemed for cash.

5.4 - If for some reason beyond the Promoter’s control, it is not possible to supply the Prize as advertised, the Promoter will be entitled to supply a substitute prize in the Promoter’s discretion of equal or greater value.

5.5 - The Prize is provided ‘as is’ and to the extent permittable by law, the Promoter makes no warranties or representations regarding the appearance or suitability of the Prize, and any photos are illustrative only and should not be relied upon as an accurate description of the Prize (noting image quality will vary based on size and resolution of display). Notwithstanding, the Promoter limits its liability for breach of any guarantee, warranty or other term or condition under applicable legislation to:

(a) the replacement of the Prize or the supply of an equivalent prize;

(b) the repair of the Prize;

(c) the supplying of the Prize again;

(d) the payment of the cost of replacing the Prize or of acquiring an equivalent prize;

(e) the payment of the cost of having the Prize repaired; or

(f) the payment of the costs of having the Prize supplied again.

6. DELIVERY OF PRIZE

6.1 - The Prize will be delivered to the Winner subject to Winner’s compliance with these T&Cs.

6.2 - The Promoter will be responsible for the cost of shipping and insurance and agrees to bear the risk and liability of shipping the Prize to the Winner, until the Prize is delivered to the Winner.

6.3 - The prize is estimated to be delivered to the Winner in November 2024. The Winner acknowledges that the delivery date and receipt of the Prize is dependent on the shipping timeframe to their location and agrees to not hold the Promoter responsible for delayed delivery or delivery faults beyond the Promoter’s control.

7. GENERAL

7.1 - the Competition is open to Australian and New Zealand residents only who meet the eligibility criteria set out in clause 2.

7.2 - If the Competition is not capable of running as planned due to any reason out of the Promoter’s control (including, but not limited to fraud, a state of emergency, natural disaster, war, epidemic, pandemic, government order, technical failures or any other causes), or if the administration, security, fairness, integrity or proper conduct of this Competition is compromised or at risk of being compromised, the Promoter reserves the right without liability to the entrants to cancel, modify, terminate, or suspend the Competition.

7.3 - Except for any liability that cannot by law be excluded, the Promoter (including its respective officers, employees and agents) and any Related Bodies Corporate (as that term is understood to mean under Corporations Act 2001 (Cth)) are not responsible for and exclude all liability (including negligence), for any personal injury; or any claim, 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 entry or prize 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 prize value to that stated in these T&Cs;

(e) any tax liability incurred by a Winner or entrant; or

(f) use or non-use of the Prize.

7.4 - Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

7.5 - These T&Cs constitute the entire agreement between each entrant and the Promoter.

7.6 - These T&Cs shall be governed by the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.