beIN SPORTS: El Clasico shirt Facebook Contest

Terms and Conditions (“T&Cs”)

Eligibility

1. Entry is free and open to Australian residents aged 18 and over at the time of Entry who have fulfilled the eligibility requirements as set out in these T&Cs (“Eligible Entrant(s)”). Employees (or Family Members of employees) of, any of, beIN SPORTS, any companies associated with the Contest and promotion of the Contest and all affiliates of such aforementioned companies are not eligible. “Family Members” means 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. Only Eligible Entrants may be awarded and/or accept a Prize.

beIN SPORTS

2. beIN SPORTS Australia Pty Limited (ACN 086 130 805), having its registered office at Suite 1300A, Level 13, 100 William Street, Woollomooloo, NSW 2011 (“beIN SPORTS”)

Agreement to T&Cs

3. By their participation in this Contest, Eligible Entrants are acknowledging to have read and agreed to these T&Cs for their Entry to be considered valid, and acknowledge that the decisions of beIN SPORTS are final and binding. Eligibility and participation in this Contest is contingent upon the Eligible Entrant’s compliance with these T&Cs and fulfilment of all other requirements set forth herein. These T&Cs shall prevail to the extent of any inconsistency with any other reference to this Contest.

Contest Period

4. The Contest begins on Friday, 15 October 2021 at 4.30pm and ends on Wednesday, 20 October 2021 at 10am (AEDT) (the “Contest Period”). Entries must be received by beIN SPORTS within the Contest Period.

How to Enter

5. To enter, Eligible Entrants must satisfy the following:

a. visit beIN SPORTS Facebook page at https://www.facebook.com/beINSPORTSAUS during the Contest Period, LIKE and follow the Facebook page AND provide his/her entry by commenting on the Contest Facebook post telling us:

i. which of the two choice jersey he/she wants;

ii. List his/her ‘Ultimate El Clasico XI’

“Entry” or “Entries”); and

b. ensure the social media accounts used to participate in the contest must have its privacy settings set to “public”. Only one valid Entry per person will be permitted. Eligible Entrants found to be submitting multiple Entries may have all Entries invalidated.

6. By submitting the Entry, Eligible Entrants warrant and represent that he/she own or otherwise control all of the rights to his/her Entry, including without limitation, all the rights necessary for him/her to provide, post, upload, input or submit any content contained in the Entry, and grant a license for beIN Sport to post, upload and cross-post/upload the content in the Entry.

Selection of winners

7. This is a skills-based competition and chance plays no part in determining the winner. Entries will be judged based on creativity, knowledge and flair.

8. On Wednesday, 20 October 2021 at 10am, beIN SPORTS  will select a first valid Entry to win their choice jersey and a second valid entry to win the remaining choice jersey. The valid Entries will be those which best meet the judging criteria referred to in clause 7 as the winners.

9. beIN SPORTS will notify the winners via beIN SPORTS Facebook page and the winners will be announced by The Early Kick-Off hosts Claudio Fabiano and Adamo De Nigris on Friday, 22 October 2021 (“Prize Winner(s)”).

10. If the identified Prize Winner does not claim the Prize pursuant to clause 9 within two (2) days after the announcement, the next identified valid Entry will then take its place to win their choice jersey . This process will be repeated until two (2) identified Prize Winners claims both choice jerseys. In an attempt to identify any substitute winners as expeditiously as possible, beIN Sport may contact him/her through Facebook, email or telephone and upon successful contact publish his/her name in accordance with Clause 9 above (“Substitute Winners”).

11. beIN SPORTS’ decision in relation to any aspect of the Contest is subject to State and Territory legislation but also final and binding on each Eligible Entrant. No correspondence will be entered into. No responsibility is accepted for late, lost, misdirected, incomplete or ineligible Entries.

Acceptance of Prize

12. beIN SPORTS reserves the right to request Prize Winners sign an appearance release and waiver of liability, to provide proof of identity, proof of age, proof of residency or any other relevant forms or agreements that beIN SPORTS deems necessary in order to claim a Prize. In the event that any of the Prize Winner(s) cannot provide suitable proof, the effected Prize Winners will be deemed to have forfeited the Prize in whole and no substitute will be offered.

13. Prize Winners may be requested to complete and return documents regarding acceptance of the Prize, standard disclaimers of warranties to verify eligibility, use of Prize Winners’ likeness, personal information, as well as confidentiality. Prize Winners must complete and return any such required documents within two (2) days of the date of notice, in order to claim his/her Prize. If a Prize Winner fails to submit same within the required time period, the relevant Prize will be forfeited and rendered to a Substitute Winner.

14. beIN SPORTS reserves the right to select a Substitute Winner in the event that an Eligible Entrant, claiming to be a winner, is unable to satisfy any terms of these T&Cs or has breached these T&Cs.

Prize(s)

15. The total number of Contest winners in this competition are two (2) with each winning either of the following prize (“Prize”):

(a) One (1) FC Barcelona jersey; OR

(b) One (1) Real Madrid club jersey.

Prize Conditions

16. The Prize (including any component thereof) is subject to availability. The Prize (including any component thereof) cannot be transferred, assigned, substituted or exchanged for cash, credit or any other items. beIN SPORTS will not replace any lost, damaged or stolen Prize (including any component thereof).

17. Prize Winners are advised that tax implications may arise from their Prize and they should seek independent financial advice prior to acceptance of any Prizes.

18. The Prize Winner consents and grants to, and procures the consent of their friends and relatives featured in the content submission (if any), beIN SPORTS and/or third parties appointed by beIN SPORTS, a perpetual and non-exclusive license for the use of any photos, video and audio capturing their names, voice, photos and/or images in any form of media on a worldwide basis for publicity and other purposes deemed appropriate by beIN SPORTS and without any remuneration. If the Prize is not available or in the event of force majeure or unforeseen factors, beIN SPORTS may, without consultation or reference to the participants, substitute or replace any Prize with any other Prize of equal or similar value at the sole determination of beIN SPORTS. Cash will not be awarded as a substitute. It is a condition of accepting the Prize that the Prize Winners must comply with all the conditions of use of the Prize and Prize supplier’s requirements. Each Prize must be taken as stated and no compensation will be payable if a Prize Winner is unable to use such Prize as stated.

19. By entering this Contest, and by collecting the Prize, the Prize Winner acknowledges and accepts that driving, travel (if any) and any other activities comprising the Prize, are inherently dangerous and may result in death, injury incapacity, damage to property or other losses. beIN SPORTS is not responsible for the reckless or negligent acts or omissions of a Prize Winner or for any acts of god, such as adverse weather conditions or industrial action or civil commotion. beIN SPORTS does not guarantee that the Prize Winners will enjoy the Prize or be suited to the type of Prize that is offered.

Disqualification/Right of removal

20. beIN SPORTS may refuse or disqualify any Entries (including winning Entries) if the Eligible Entrant concerned or anyone authorised by the Eligible Entrant to deal with their Entry, acts in a way towards either beIN SPORTS, its affiliates, partners, or their agents or staff which beIN SPORTS reasonably considers to be inappropriate, unlawful or offensive. If a Prize Winner is disqualified, beIN SPORTS reserves the right to award the Prize to a Substitute Winner in accordance to Clause 10 above.

21. beIN SPORTS reserves the right to immediately revoke a Prize from a Prize Winner who acts in a manner deemed unsportsmanlike or inappropriate.

22. Prize Winners must continue to comply with all T&Cs, and winning is contingent upon fulfilling of all requirements. In the event that a Prize Winner is disqualified for any reason, beIN SPORTS will award the Prize to a Substitute Winner selected from all remaining eligible Entries in accordance with the process of selection of winners stated in clause 10 above.

General Conditions

23. This Contest is in no way endorsed or administered by, or associated with Facebook.

24. The terms and conditions of any other third party supplier will also apply to the Prize where applicable. If there is a conflict between third party terms and conditions and these T&Cs, these T&Cs shall take precedence.

25. beIN SPORTS shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, such change shall be effective immediately upon posting to the relevant contest page. beIN SPORTS also reserves the right to cancel the contest if circumstances arises outside of its control.

26. In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by beIN SPORTS in its sole discretion, then beIN SPORTS may either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these T&Cs; or (b) terminate the Contest and, in the event of termination, award the Prize(s) among Eligible Entrants which have supplied non-suspect Entries (as determined by beIN SPORTS) up to the time of the impairment. beIN SPORTS reserves the right in its sole discretion to disqualify any individual who provides false information or who seeks to gain an unfair advantage or to manipulate the entry process or the operation of the Contest or to be acting in violation of these T&Cs or in an unsportsmanlike or disruptive manner. Any attempt by any person to cause harm and/or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, beIN SPORTS reserves the right to seek damages and any other remedies from any such person to the fullest extent permitted by law. Failure by beIN SPORTS to enforce any provision of these T&Cs shall not constitute waiver of that provision.

Release and Limitations of Liability

27. By accepting the Prize, the Prize Winner:

(a) represents and warrants that:

(i) the content (answer to the entry question) provided is original work that has been created by the Prize Winner;

(ii) the content does not and will not violate or breach any of the terms of any other agreement the Prize Winners may be a party to;

(iii) the content does not contain defamatory, tortious or otherwise unlawful, untrue or inaccurate information;

(iv) the content is not obscene, cruel, abusive or likely to cause offence;

(v) the content does not breach any applicable law and does not infringe or violate any right of any person;

(vi) the Prize Winner shall be solely liable for the content they have provided and shall fully and effectually indemnify beIN SPORTS against all cost, claims and damages that they may suffer or incur due to or in connection with the content.

(b) whilst retaining copyright to the content, the Prize Winner grants beIN SPORTS a perpetual, irrevocable, worldwide, transferable, royalty-free, non-exclusive, sub-licensable license to use, copy, edit, adapt, publish, translate, create adaptations from, make available, communicate and distribute the content and/or to incorporate it in other works in any form, media, or technology now known or later developed, and in such manner for such lawful purposes deemed appropriate by beIN SPORTS and expressly disclaim any moral right over the content.

28. The Prize Winner grants beIN SPORTS the right to modify, edit, or remove any of said content subject to copyright infringement notification at our discretion, without notice, and for any reason.

29. Nothing in these T&Cs limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under Australian law as well as any other implied warranties under the ASIC Act or any similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”).

30. beIN SPORTS and its parent, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents is referred to as the “Released Parties”. Except in the case of death or personal injury arising from the Released Parties’ negligence or in respect of fraud and so far as is permitted by law, Released Parties are excluded from all responsibility and all liabilities for any personal injury, or any loss or damage (including loss of opportunity), whether direct or indirect, special or consequential, arising from (a) any technical difficulties or equipment malfunction (whether or not under beIN SPORTS control); (b) any theft, unauthorized access or third party interference; (c) any Entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after the receipt by beIN SPORTS) due to any reason beyond their control (d) any variation in Prize value to that stated in these T&Cs (e) any tax liability incurred by a winner or Eligible Entrant or (f) use of a Prize. By participating in the Contest, participants agree to release and hold harmless Released Parties from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the Prize (including any travel or activity related thereto).

31. To the maximum extent applicable, once the Prize has left beIN Sport’s or its agent’s premises, beIN SPORTS and its associated agencies take no responsibility for the Prize (including if damaged, delayed or lost in transit).

Disputes

32. This Contest, the T&Cs and any dispute or claim (including any non-contractual dispute or claim) arising out of or in connection with it, shall be governed by and construed in accordance with the laws of New South Wales, and Eligible Entrants submit unconditionally to the jurisdiction of the New South Wales courts to deal with all matters relating to this Contest.

Privacy Consent & Use of Personal Information

33. To conduct this Contest, the beIN SPORTS needs to collect personal information about Eligible Entrants. If Eligible Entrants do not provide the information requested, beIN SPORTS may not be able to provide Eligible Entrants with Entry.

34. The collection of personal information related to entries collected for the Contest is subject to and will be governed by beIN SPORTS’ privacy policy, which can be accessed at: https://www.beinsports.com/au/privacy-policy and/or other third party platforms such as Facebook.

35. Eligible Entrant’s agree, that subject to the Data Protection Regulation (if applicable), personal information collected will be used for marketing, promotion, research, statistics and Contest purposes – specifically, and without limitation, beIN SPORTS and/or its agents may do the following:

(a) transfer personal information confidentially to beIN SPORTS or other organisations that provide services in relation to this Contest;

(b) disclose personal information collected to regulatory authorities as required, such as the regulators of trade promotions;

(c) publish the Prize Winner’s name as required under applicable law;

(d) use the Prize Winner’s personal information and photo in any media for publicity purposes associated with the Content without any further payment or other compensation, unless the winner otherwise notifies beIN SPORTS prior to accepting the Prize; and/or

(e) distribute other marketing or promotional material.