1. STANDARD TERMS
1.1 Information on how to enter and the prizes form part of the Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
1.2 The Promoter is Fortress Melbourne (ABN 86 630 502 073) of 23 Caledonian Lane, Melbourne, VIC 3000, Australia
2. WHO CAN ENTER
2.1 Entry is open to all Australian residents aged eighteen (18) or older.
2.2 Employees (and their immediate families) of the Promoter, Sponsor and agencies associated with this promotion 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 1st cousin.
2.3 The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
2.4 The Promoter reserves the right, at any time to invalidate any entries which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information.
2.5 If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
3. HOW TO ENTER
3.1 Avatar: The Last Airbender in Concert Instagram Giveaway (“the Competition”) commences on Monday 13 January 2025 at 10:00AM AEDT and concludes on Monday 20 January 2025 at 12:00PM AEDT (“the Competition Period” or “the Activation Period”).
3.2 The Competition can be entered by following the @FortressMelb Instagram account, liking the giveaway post shared on Monday 13 January 2025, responding to the following prompt in the comments: ‘Which scene from Aang’s epic journey are you most excited to see brought to life by a live orchestra?’, and tagging another Instagram account in the entry.
3.3 The entry must fulfil all requirements of the Competition, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications of the Competition may be disqualified at the sole discretion of the Sponsor. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules of the Competition, your submission may be disqualified at the sole discretion of the Sponsor.
4. PRIZES
4.1 There is one (1) prize to be won: a double pass (2 x A-reserve tickets) to Avatar: The Last Airbender in Concert at Melbourne Convention and Exhibition Centre. The double pass includes a Meet & Greet opportunity with international guest artist, Hong Wang. The total RRP is: $358.00 AUD. Travel to the concert, accommodation, or any other expenses relating to the concert attendance are not included in this prize and the Winner is responsible for their own transport to the event.
4.2 Actual/appraised value of prizes may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution shall be permitted except for at the Sponsor's discretion. The prize is non transferable. Substitution of the prize or transfer/assignment of the prize to others or request for the cash equivalent of the prize by the Winner is not permitted. The prize, or any unused portion of the prize, are not transferable or exchangeable and cannot be taken as cash. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the Winner. Acceptance of the prize constitutes permission for the Sponsor to use the Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
4.3 Odds of Winning: Avatar: The Last Airbender in Concert Instagram Giveaway is a game of skill and therefore chance plays no part in determining Winners.
5. SELECTION OF PRIZE WINNERS
5.1 Each entrant who has entered the Competition over the Activation Period and registered all details in accordance with clause 3 will be entered into the Competition.
5.2 One (1) Winner will be selected based on skill, on Monday 20 January 2025 at 1:00PM AEDT at Fortress head office, located at Level 14, Suite 2, 180 Lonsdale Street, Melbourne, VIC 3000. The Winning entry will be judged based on the demonstrated knowledge of Avatar: The Last Airbender, as well as the creativity and impact of the response.
5.3 Winners will be contacted via Instagram direct message from the @FortressMelb account.
5.4 The Winners will be notified within 7 days of the close of the Competition Period, but may be notified before this time. The Sponsor shall have no liability for a Winner's failure to receive notices due to spam, junk e-mail or other security settings or for a Winner’s provision of incorrect or otherwise non-functioning contact information. Receipt of the prize offered in this Campaign by the Winner is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any violation of these official rules by the Winner at the Sponsor's sole discretion will result in the Winner's disqualification as winner, and all privileges as winner will be immediately terminated.
5.5 The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the result.
6. UNCLAIMED PRIZE DRAW & REDRAWS
6.1 If a Winner cannot be contacted, is ineligible, fails to claim the prize within 7 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and the Promoter may at its discretion assign the prize to the entry judged the next best entry, conduct a further judging to award the prize, or withdraw the prize unawarded. The Promoter is under no obligation to award any unclaimed prize.
6.2 If required, the Promoter will judge, select, and contact a new Winner on 7th January 2025 in accordance with these Terms & Conditions.
7. RIGHTS GRANTED BY THE ENTRANT
7.1 By entering this content (e.g., photo, video, text, etc.), You understand and agree that the Sponsor and anyone acting on behalf of the Sponsor or its respective licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering this content, you represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of the Sponsor. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Fortress Melbourne from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Fortress Melbourne may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
8. TERMS AND CONDITIONS
8.1 The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Competition should virus, bug, non-authorised human intervention, fraud, or other cause beyond the Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Competition. In such cases, the Sponsor may select a winner(s) from eligible entries received before and/or after the action taken by the Sponsor if appropriate. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Competition or website or violates these Terms & Conditions. The Sponsor has the right, in its sole discretion, to maintain the integrity of the Competition, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Competition rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Competition may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
8.2 The Sponsor reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. The Sponsor reserves the right to cancel or amend the competition and these terms and conditions without notice in the event that the Promotion is cancelled due to circumstances outside the promoter's control. Any changes to the competition will be notified to entrants as soon as reasonably possible by the Promoter.
9. LIMITATION OF LIABILITY
9.1 By entering the Competition you agree to release and hold harmless Fortress Melbourne and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Competition and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) unauthorised human intervention in any part of the Competition; (iii) electronic or human error in the administration of the Competition or the processing of entries; (iv) technical errors of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (v) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (vi) printing errors; (vii) lost, late, postage due, misdirected, or undeliverable mail.
9.2 The Competition is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks that are used to share the Competition. You understand that you are providing your information to the owner of the Competition and not to Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks.
10. USE AND DISCLOSURE OF YOUR INFORMATION
The Promoter may incorporate information from entrants in any contest in any database to be used for the purpose of its business. Upon entry into a competition, a contestant gives permission for use of personal data and this information will be retained in accordance with the Privacy Act which is available at
https://fortress.games/privacy-policy
11. DISPUTES
This Competition is governed by the laws of Australia, without respect to conflict of law doctrines. By participating in this Campaign, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Australia having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than actual out-of-pocket expenses (i.e. costs associated with entering the Competition). You further waives all rights to have damages multiplied or increased.
12. WINNERS LIST
To request a copy of the winners list please contact the Sponsor. Requests must be sent within four (4) weeks of the end of the Entry Period.
13. ACCEPTANCE OF RULES
By participating in the Competition, You have affirmatively reviewed, accepted, and agreed to all of the Official Rules, Terms and Conditions.