DOPE LEMON COMPETITION TERMS & CONDITIONS

COMPETITION TERMS & CONDITIONS

BEFORE ENTERING THIS COMPETITION AND PRIZE DRAW you must read, understand, and accept the following terms and conditions.

By entering the Competition, you will be deemed to have accepted these Competition Terms and Conditions, including the Schedule above (the “Rules”) and our Privacy Policy.

1.     Eligibility

1.1.           The Competition is open to Australian and New Zealand residents, over 21 years of age with a valid driver’s licence, EXCEPT for:

1.1.1.       employees of BMG or its holding or subsidiary companies;

1.1.2.       employees of agents or suppliers of BMG or its holding or subsidiary companies, who are professionally connected with the Competition or its administration; or

1.1.3.       members of the immediate families or households of (1.1.1.) and (1.1.2.) above.

1.2.           In entering the Competition, you confirm that you are eligible to do so and eligible to claim the Prize. BMG may require you to provide proof that you are eligible to enter the Competition.

1.3.           BMG will not accept entries that are:

1.3.1.       automatically generated by computer;

1.3.2.       completed by third parties or in bulk;

1.3.3.       incomplete; or

1.3.4.       reasonably deemed unrelated to the Competition or to be inappropriate.

1.4.           Each separate transaction purchase by Entrants will be counted as an entry. Entries on behalf of another person will not be accepted and joint submissions are not allowed.  For the avoidance of doubt, multiple entries from the same person (for example, via several purchases of the Album) will be counted separately with each purchase being submitted and counted as a separate entry.

1.5.           For entry to be successful, the entrant must:

1.5.1.      Enter their full legal name, address, valid email address, driver’s licence number, and all details required for purchase of the Album;

1.5.2.      Acknowledge acceptance of these Terms and Conditions; and

1.5.3.      Warrant that the content of their entry is truthful, accurate and complete, as well as otherwise compliant with these Terms and Conditions.

1.6.           Entrants accept that incomplete and illegible entries, as well as entries that breach these Terms and Conditions, will be deemed invalid, as determined by BMG in its sole discretion. BMG 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.

1.7.           BMG reserves all rights to disqualify you if: (i) you breach these Rules; (ii) your conduct is contrary to the spirit or intention of the Competition; (iii) submit false information or act fraudulently; or (iv) you otherwise fail to satisfy the eligibility criteria outlined hereunder.

2.     Entry Process

2.1.           Standard telephone, mobile data, and internet connection charges may apply. Please check with your network provider for details of such charges.

2.2.           BMG will NOT accept:

2.2.1.       responsibility for Competition entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind;

2.2.2.       responsibility for any misdirected or incomprehensible entries in the Competition, or any problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to you or any other person’s computer related to or resulting from participation in in this Competition; or

2.2.3.       proof of transmission as proof of receipt of entry to the Competition.

2.3.           Entrants acknowledge that the Internet is not a secure medium and information submitted to this Competition via any third-party platform may be accessed by third parties and BMG accepts no liability for third party interaction and/or interference.

2.4.           BMG hereby excludes all liability for any costs incurred, injury, disappointment and/or losses (including consequential loss of any nature howsoever arising) in any way arising directly or indirectly as a result of entering or attempting to enter this Competition including where caused by BMG negligence (as far as any exclusion is permissible by law which shall not for the avoidance of doubt include excluding any liability for death or personal injury caused by negligence or for fraud).

3.     Winning Entrant

3.1.           The Competition is a ‘game of skill’ whereby BMG will individually judge and assess each entry to determine one (1) Winning Entrant based on the merits of their submitted response. BMG will select one (1) winner for the Prize from the pool of eligible participants, pursuant to clause 1.5. BMG’s decision is final and no correspondence or discussion will be entered into regarding the Competition result.

3.2.           BMG will contact the Winning Entrant as soon as practicable after the Draw Date using the telephone number or email address provided with the Competition entry. BMG is not obligated to leave a voice mail on an answering service. BMG shall have no liability for any winner notification that is lost, intercepted or not received by potential winner for any reason.

3.3.           If the Prize is not claimed or the Winning Entrant’s identity cannot be verified in accordance with these Terms and Conditions, within seven (7) days of receipt of notification of their winnings by BMG (or any later period set by BMG by written notice to the Winning Entrant as extended by BMG), the Prize will be forfeited and will be awarded to an alternate winner (Alternate Winner).

3.4.           At BMG’s sole and absolute discretion, the Winning Entrant may be required to verify their identity, validity of Australian or New Zealand driver’s licence, driving record (confirming no history of offences recorded against your licence), and proof of purchase of the Album, at the time of notification. BMG in its absolute discretion reserves the right to verify the validity of the entrant’s identity (including an entrant’s identity, age and 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 Winning Entrant does not verify their identity, driver’s licence number and expiration date, driving record, or proof of purchase of the Album upon the request of BMG within seven (7) days of the request (or any later period set by BMG by written notice to the Winning Entrant as extended by BMG), the Prize will be forfeited and will be awarded to an Alternate Winner.

3.5.           BMG reserves the right, in its sole discretion, to replace or substitute any disqualified Winning Entrant with any other eligible Entrant, but is by no means obliged to.

3.6.           The Winning Entrant accepts that BMG will have the right, without additional payment or permission, to use appropriate personal information, and/or audio visual recordings of them that are relevant to the Competition, in connection with publicity/promotion for the Prize, and/or BMG (and its subsidiaries, divisions, affiliates, designees, sponsors, licensees, and advertising and promotional agencies).

3.7.           The Winning Entrant agrees to:

3.7.1.       actively participate in good faith and to the best of their abilities during the activities entailed in the Prize, including but not limited to any and all publicity/promotion activity that is deemed appropriate by BMG in its sole discretion;

3.7.2.       comply with reasonable requests and instructions from BMG or its representatives prior to and during partaking of the Prize and activities entailed;

3.7.3.       take all reasonable steps to ensure their own health and safety when taking part in any events or activities forming part of the Prize Draw and/or Prize and they will comply with the safety standards notified to them by BMG; and

3.7.4.       organise their and their guest’s travel arrangements (if applicable).

3.8.           Once the Prize is claimed, the Winning Entrant may have their names published on Dope Lemon social media pages and various other media for promotional purposes. 

4.     The Prize

4.1.           There is one (1) Prize per Prize Draw.

4.2.           BMG reserves the right to cancel, amend or substitute the Prize with a prize or prizes of broadly equivalent value.  If BMG amends the Prize in a way that may be materially to the detriment of any Entrants, BMG will notify the Entrant of the changes, and the Entrant will be given an opportunity to withdraw from the Prize Draw. By continuing to take part in the Prize Draw after notification of the changes to the Rules, an Entrant will be deemed to have accepted the amended Rules.

4.3.           Should the Prize be amended, cancelled or substituted in accordance with the preceding clause, BMG shall endeavour to inform the Winning Entrant as soon as possible, however BMG will not accept responsibility or be liable for costs, expenses or losses (including consequential losses howsoever arising) incurred directly or indirectly by Winning Entrant and their guest (if any) as a result of the Prize being amended, cancelled or substituted in any way.

4.4.           The Prize is non-transferable, cannot be redeemed for cash, and it is not exchangeable for any other prizes, goods or services.

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

4.6.           The Prize is provided ‘as is’ and to the extent permittable by law, BMG 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, BMG limits its liability for breach of any guarantee, warranty or other term or condition under applicable legislation to:

4.6.1.      the replacement of the Prize or the supply of an equivalent prize;

4.6.2.      the repair of the Prize;

4.6.3.      the supplying of the Prize again;

4.6.4.      the payment of the cost of replacing the Prize or of acquiring an equivalent prize;

4.6.5.      the payment of the cost of having the Prize repaired; or

4.6.6.       the payment of the costs of having the Prize supplied again.

4.7.           For the avoidance of doubt the Winning Entrant must, at their sole cost, be available to travel to Sydney Airport, Melbourne Airport or Auckland Airport major airport for the departing flight in accordance with clause 4.8 below.

4.8.           The Winning Entrant and their guest will depart Sydney Airport, Melbourne Airport or Auckland Airport, and fly back to either Sydney Airport, Melbourne Airport or Auckland Airport from Las Vegas on a date to be determine by BMG in 2025 (the Travel Dates). In the event the Winning Entrant is not available or cannot travel on the Travel Dates for any reason, the Winner shall forfeit the prize and BMG may, at their sole discretion, chose to award the Prize to an Alternate Winner.

4.9.           The Winning Entrant is responsible for all other expenses associated with the Prize including, but not limited to, accommodation (other than accommodation provided by BMG in accordance with the Prize), transportation (rideshares, taxis, shuttle or charter services, rental cars, bicycles/scooters), public transportation, spending money, meals, drinks, transfers, laundry charges, room service, mini-bar charges, room upgrades, activities, incidentals, taxes, energy surcharges, gratuities, service charges, passports, visas, travel insurance, personal expenses, and all other ancillary costs.

5.     Delivery of Prize

5.1.           The Prize will be delivered to the Winning Entrant subject to Winning Entrant’s compliance with these Terms and Conditions.

5.2.           BMG will be responsible for the cost of shipping and insurance and agrees to bear the risk and liability of shipping the Prize to the Winning Entrant, until the Prize is delivered to the Winning Entrant.

5.3.           On delivery of the Prize to the Winning Entrant, all right, title and interest in the Prize passes to the Winning Entrant, free from all encumbrances.

5.4.           The Winning Entrant acknowledges that the delivery date and receipt of the Prize is dependent on the shipping timeframe to their location and agrees to not hold BMG responsible for delayed delivery or delivery faults beyond BMG’s control. 

5.5.           If the Winning Entrant is unavailable to accept delivery of the Prize at the scheduled delivery time, the Winning Entrant agrees and acknowledges that they will forfeit the Prize and that BMG may award the Prize to an Alternate Winner.

5.6.           The Alternate Winner will be decided by redraw of all entries and notified through the contact details provided in their entry, on the same terms set out in these Terms and Conditions. For the purposes of these Terms and Conditions, where an Alternate Winner has been decided, the Alternate Winner shall also be referred to as the Winning Entrant.

6.     Limitation of Liability and Indemnification

6.1.           Neither party to these Rules shall be liable for any failure or delay in performance in respect of this Competition to the extent said failures or delays are proximately caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), fraud, a state of emergency, natural disaster, wars, epidemic, pandemic, government order, technical failures, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected or if the administration, security, fairness, integrity or proper conduct of this Competition is compromised or at risk of being compromised, BMG reserves the right without liability to the entrants to cancel, modify, terminate, or suspend the Competition.

6.2.           Except for any liability that cannot by law be excluded, BMG (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 acceptance of the Prize including, but not limited to,: (a) any technical difficulties or equipment malfunction (whether or not under BMG’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 BMG) due to any reason beyond the reasonable control of BMG; (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

6.3.           Each Entrant hereby agrees to indemnify and hold BMG (and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, subsidiaries, designees, clients, licensees, assigns, employees, officers and directors) harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all costs, losses, damages, expenses and liabilities (including for, but not limited to, goodwill and loss of reputation) relating to or arising out a breach by the Entrant of either the Rules or the reasonable requests and instructions of BMG or its representatives in relation to the Prize (including but not limited to any behaviour that constitutes a disqualification under these Rules, and any failure to attend or failure to be punctual in regard to any arrangements made by BMG) or as a result of any breach of any of the warranties, representations or agreements of the Entrant hereunder.

7.     Data Protection

7.1.           BMG will collect personal information about entrants for the purposes of conducting the Competition and awarding the Prize. BMG will collect and store all personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and BMG’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 BMG about Dope Lemon, including information about upcoming tours, releases and merchandise;

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

(c)    the Winning Entrant agrees to participate in any media releases, which may include photographs of the Winning Entrant by BMG.

8.     General

8.1.           If any section or part of a section of these Rules is held by a court or some other relevant authority to be invalid or unenforceable the remaining sections of these Rules shall not be affected and the section or part of a section held to be invalid or unenforceable shall be amended by the minimum amount necessary to make it valid and enforceable (where it is possible to do so).

8.2.           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.

8.3.           Failure by BMG to enforce any of its rights at any stage does not constitute a waiver of those rights.

8.4.           These Terms and Conditions constitute the entire agreement between each entrant and the BMG.