Terms of Use

 

1. Introduction 

1.1 These Terms and Conditions, together with the Competition Details apply to the Competition (Competition Terms). Entrants are responsible for reading and understanding the Terms. 

1.2 Terms are effective from the Effective Date specified above and may be amended by the Promoter from time to time.  

1.3 All Entrants to the Competition are bound by the Competition Terms and entry to the Competition is deemed acceptance of the Competition Terms. 

1.4 The Competition is a game of chance, and the winning Entrant/s will be selected at random on the Prize Draw Date.  

 

2. Definitions 

In these Terms, where capitalised, the following terms have the meaning given to them below, unless the context otherwise requires:

 

2.1 Age Limit means the age specified in the Competition Details. 

2.2 Competition refers to the Competition specified in the Competition Details. 

2.3 Competition Terms shall have the meaning set out in it within Clause 1.1.  

2.4 Dollars, Cents and $ means the currency in the Jurisdiction.  

2.5 Eligible Person/s has the meaning set out in the Competition Details. 

2.6 Entrant/s means an Entry by an Eligible Person. 

2.7 Entry/Entries means a submission by an Eligible Person into the Competition. 

2.8 Family Member of the following in relation to an employee of the Promoter:

1. Husband/Wife
2. Parent/Step-parent
3. Domestic Partner/De Facto
4. Child, including foster and stepchild
5. Brother/Sister
6. Half Brother/Half Sister

2.9 Jurisdiction means the Country or region where the Competition Winner is drawn.  

2.10 Method of Contact means the method prescribed within the Competition Details. 

2.11 Prize has the meaning given to it in the Competition Details. 

2.12 Prize Acceptance Period shall be the time period specified within the Competition Details.  

2.13 Prize Draw Date shall be the date specified in the Competition Details. 

2.14 Personal Information refers to the information collected from an Entrant for the purpose of facilitating their entrance or participation in the Competition. 

2.15 Promoter means the Entity specified in the Competition Details. 

2.16 Promotional Period shall be the time period specified within the Competition Details. 

2.17 Privacy Statement refers to the Privacy Statement linked in the Competition Details. 

2.18 Prize Value refers to the value specified in the Competition Details. 

2.19 Territory(ies) means the list of Territory(ies) outlined in the Competition Details, where residents are eligible to enter the Competition.  

2.20 Trademarks means any and all trademarks registered by the Promoter, its related bodies corporate or any Company that is part of the Promoter’s group of companies.

2.21 Winner/s means Entrant/s drawn by the Promoter to receive the Prize 

 

3. Eligibility 

3.1 Competition Entry is available to Eligible Persons only. 

3.2 Competition Entries must be received by the Promoter within the Promotional Period to be eligible to participate in the Competition.  

3.3 Entry into this Competition is limited to people who are residents of the Territory(ies). 

3.4 Entrants under the Age Limit must have parental or guardian consent to enter the Competition.  

3.5 If Entrants are required to submit an Entry on a social media platform, all Entrants must comply with the terms of use of the social platform in submitting their Entry. 

4. Competition Entry

 

4.1 A valid Entry must be received during the Promotional Period and will be deemed to be received only when received by the Promoter.  The Promoter is not liable for any problems with communications networks.  Entrants are responsible for their own costs associated with entering. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid. 

 

4.2 Entrants must have the bill payer's consent to use internet or mobile internet to use the social platform. Some service providers and mobile devices may not provide access to mobile internet and Entrants must check with their service provider if unsure. Downloading, accessing and using the social platform and accessing and using mobile content including web-based content will incur data charges. Any external links of the social platform that require internet or mobile internet connection may also incur data charges. Data charges will remain an Entrant’s responsibility and will vary depending on the internet service provider, usage plan or mobile carrier used (as applicable). Entrants will need to refer to the terms of the contracts with their mobile carrier, usage plan or internet service provider (as applicable) for costs. The charges for all data services will appear on the Entrant’s next mobile phone bill and/or internet bill (as applicable). All general queries relating to carrier rates or mobile or internet bills should be directed to the Entrant’s mobile phone carrier or internet service provider (as applicable). 

 

5. Prize Details 

 

5.1 The Promoter reserves the right to substitute prize components of equivalent or greater value to the Prize Value if any prize, or part thereof, becomes unavailable, subject to relevant regulations. 

 

5.2 The Prize cannot be transferred or exchanged and is not redeemable for cash. 

 

6. Prize Draw Details 

 

6.1 The Competition is a game of chance, and the winning Entrant will be selected at random on the Prize Draw Date.  

6.2 The decision of the Promoter regarding winners of the Competition is final. 

 

6.3 The decision about the winning Entry will be communicated by a representative of the Promoter via the Method of Contact after the Prize Draw Date. 

6.4 The winning Entrant must accept the Prize within the Prize Acceptance Period. 

6.5 Once the winning Entrant/s have accepted the Prize, the first name, surname initial and country of each winning Entrant will be published on the Promoter’s website and/ social platform and may remain on the Promoter’ website and/or on the social platform in perpetuity. All reasonable steps to notify the winning Entrant/s of the results of the draw will be taken by the Promoter. The Promoter’s decision is final, and no correspondence will be entered into.  

6.6 In the event of an invalid Entry or an ineligible Entrant, or if an Entrant is ineligible to accept a Prize, declines to accept a Prize or does not accept the Prize within the Prize Acceptance Period, the Prize will be awarded to the Entry determined by the Promoter.  If the Prize cannot be awarded to this Entrant, the Promoter will continue this process until the Prize is awarded.  

6.7 The Promoter reserves the right, at any time, to verify the validity of Entries and Entrants (including an Entrant’s identity, age, place of residence and proof of consent from parent/guardian) and to disqualify any Entrant who submits an Entry that is not in accordance with these Competition Terms or who tampers with the Entry process. 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.

 

7. Prize Conditions 

 

7.1 Once a winning Entrant confirms their Prize with the Promoter, the Promoter will work with the winning Entrant/s to facilitate the winning Entrant’s access to the Prize (including flight dates, hotel details and any transfers, if applicable). 

7.2 If the Prize includes travel and accommodation, the following will apply:

7.2.1 Travel and accommodation costs for anyone choosing to travel with the winning Entrant, including but not limited to parent/s, guardian/s, sibling/s or friend/s) remain the responsibility of the winning Entrant and are not included in the prize pool.  The Promoter is not responsible for any costs, expenses, liabilities or damages arising from anyone choosing to travel with the winning Entrant.   

7.2.2 Any extension or variation of the travel and/or accommodation date(s) nominated by the Promoter, or bookings already made will be at the discretion of the Promoter and at the cost and responsibility of the winning Entrant. Bookings made for travel and accommodation cannot be used in conjunction with travel discounts or special offers. Travel and accommodation are to be arranged by a travel agent nominated by the Promoter. 

7.2.3 Prior to travel arrangements being booked the winning Entrant must complete and return to the Promoter:  

7.2.3.1 Confirmation of a valid passport and any visas required for Entry into the prize destination; 

7.2.3.2 If the Age Limit is under 18 years of age, signed consent form from parent/guardian confirming the permission for the winning Entrant to accept the prize;  

7.2.3.3 Any requested medical clearance forms signed by a registered medical doctor. Failure to complete and return the form by the date requested by the Promoter may result in the prize being forfeited. 

For the avoidance of doubt, if travel and accommodation is not included in the prize as specified in the Competition Details, this clause 7.2 shall not apply. 

7.3 All additional costs not expressly stated, but which may be incurred in acceptance and use of the Prize, are the responsibility of the winning Entrant. Such additional costs may include, but are not limited to meals and beverages not otherwise listed in the Prize, room service, telephone calls data and mobile roaming costs, laundry services, spending money including exchange rates and conversion fees, transport to and from airport departure point, other transfers, insurance, travel insurance, passports, visas (if applicable) and taxes including arrival and departure taxes (if applicable), but excluding airfare related taxes and charges included in the Prize. The winning Entrant/s may be required to present a credit card including at time of accommodation check-in, if accommodation is included in the Prize. 

7.4 Winning Entrants must conduct themselves in a responsible, courteous and friendly manner at all times whilst participating in the prize. Acceptance of a Prize and participation in the Prize is subject to any prevailing terms and conditions of travel/accommodation/transfers/services suppliers, event organisers and any other Prize suppliers, and in particular behaviour and safety requirements. Each winning Entrant must follow all reasonable directions given by the Promoter and any event organiser or Prize supplier during the course of their participation in the Prize, including all directions in relation to responsible consumption of alcohol, acceptable dress standards, behaviour and safety. The Promoter and any event organiser or Prize supplier reserve the right, in their absolute discretion, to refuse Entry, to disqualify, sanction and/or eject a winning Entrant and/or their parent/guardian from any component of a Prize, or to refuse participation in certain activities, on the grounds of inappropriate behaviour, or safety reasons, or for any breach of these Competition Terms of Entry generally. If a winning Entrant fails to participate in their Prize in the manner required, as stated in this condition and in the reasonable opinion of the Promoter, their Entry and the balance of the Prize will be forfeited with no compensation payable. 

7.5 Any vouchers offered as a Prize will be subject to the normal terms and conditions attached to the issuing and use of such vouchers. 

7.6 Prizes cannot be sold, scalped, auctioned, raffled, pledged or promoted as an incentive or reward by any third party such as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If a Prize is obtained through any of these methods, it will not be honoured by the Promoter or Prize supplier.  

7.7 Prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). The Prize/s must be taken as offered and cannot be varied. Prize/s cannot be used or redeemed in conjunction with any other offer.  

7.8 The Promoter accepts no responsibility for any tax implications that may arise from Prize winnings, including import tax. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in Prize Value. All Prize Values are the recommended retail price in the primary currency of the Jurisdiction including GST as at the Prize Draw Date.

 

8. General 

 

8.1 The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into.  

8.2 Any Entry that contains content that the Promoter, in its sole discretion, considers to be offensive, obscene, crude or inappropriate in any way or that the Promoter considers may infringe any intellectual property rights or other rights of any person, corporation or entity will not be accepted as an eligible Entry into the Competition. This includes but is not limited to any Entry which the Promoter considers to be disparaging of any of its or any Prize supplier’s products and/or services or is otherwise not in keeping with the spirit of the Competition. Any decision by the Promoter in this regard will be made in accordance with all applicable laws in the Jurisdiction. 

8.3 Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the Competition and all entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim the Prize, and any information submitted by the Entrant in entering the Competition, before issuing the Prize. If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or Entry has not been verified or validated to the Promoter’s (or its nominated agent’s) satisfaction, then all the Entries of that Entrant may be ineligible and deemed invalid. 

8.4 The Promoter reserves the right to verify the validity of any and all entries and to disqualify any Entrant for: (a) tampering with the Entry process; (b) submitting an Entry which is not in accordance with these Competition Terms; or (c) engaging in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved. 

8.5 Any attempt to cause malicious damage or interference with, or otherwise undermine the legitimate operation of this Competition may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Competition Terms or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs. 

8.6 The Prize will only be awarded following any winning Entrant validation and verification that the Promoter, or its nominated agents, requires in their sole absolute discretion. 

8.7 An Entry and any copyright subsisting in an Entry irrevocably becomes, at time of Entry, the property of the Promoter.  

8.8 It is a condition of accepting a Prize that a winning Entrant may be required to sign a legal release or release(s) (including Prize acceptance release(s)) in a form determined by the Promoter in its absolute discretion which discretion will be exercised in accordance with applicable laws. 

 

9. Dispute resolution 

 

9.1 The Promoter reserves the right to terminate or withdraw the Prize and/or the Competition at any time, subject to any regulatory requirements. 

9.2 The Promoter’s decisions in connection with all aspects of the Competition are final. If any dispute arises between an Entrant and the Promoter concerning the conduct of this Competition, Prize Draw, or claiming the Prize, the Promoter will take reasonable steps to consider the Entrant’s point of view, taking into account any facts or evidence the Entrant puts forward, and to respond to it fairly within a reasonable time.  In all other respects, the Promoter’s decision in connection with all aspects of this Competition is final. 

 

10. Intellectual Property Rights and Content 

 

10.1 Without limiting any of the provisions of these Competition Terms, the Promoter requires that each Entry fully complies with these Competition Terms and must not include or make reference to the intellectual property rights of any person including but not limited to any visible logos, drawing, cartoons, phrases, trade marks, copyrighted material, mark that identifies a brand or other third party materials where required for Entry into the Competition, unless the Entry is submitted with the written consent of the owner of the applicable intellectual property rights. An Entry submitted without obtaining such written consent may result in the Entry becoming invalid for the purposes of the Competition and/or the Entrant being subject to legal liability for any claims arising.  

10.2 Any Entries that contain content that the Promoter, in its sole discretion, considers to infringe any intellectual property rights or other rights of any person, corporation or entity, will not be accepted as eligible Entries into the Competition. This includes, but is not limited to, any Entry which the Promoter considers to be disparaging to its products and/or services or is otherwise not in keeping with the spirit of the Competition. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into. 

10.3 All right, title and interest, including in all intellectual property rights, in all promotional materials and in the Promoter’s brands, logos, trading names, products and/or services and the Competition will remain or be vested in the Promoter. Participation in the Competition by an Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any promotional material or in any of the Promoter’s brands, logos, trading names and products and/or services. The Promoter, on a case-by-case basis, and to the extent required, grants to each Entrant a non-exclusive license for the Promotional Period to use the promotional material and the Promoter’s brands, logos, trading names and products and/or services solely for the purpose, and to the extent necessary, to enable each Entrant to participate in the Competition.  

10.4 By entering the Competition, each Entrant grants to the Promoter to the maximum extent permitted by the applicable law in the country in which the Entrant is resident at the date of Entry into the Competition, a royalty-free, non-exclusive transferrable license (and agrees to use their best endeavours to procure any relevant third parties to grant to the Promoter such license) to use their Entry for a period of up to 12 months from the date this competition is drawn for the purposes of marketing and promoting the Promoter and/or its goods and services in any manner and in any media whether existing now or in the future, without the further consent of the Entrant and without any further compensation payable to the Entrant. Each Entrant also expressly consents for the benefit of the Promoter to all or any acts or omissions that would ordinarily constitute an infringement of the Entrant’s moral rights in relation to all intellectual property rights in their Entry pursuant to the Copyright Act 1968 (Cth) in Australia and the Copyright Act 1994 in New Zealand (and any equivalent laws in the Jurisdiction, Territories), including the Promoter having an unfettered right to treat the Entry in any manner at its discretion, to alter the Entry in any manner and to the Promoter not attributing authorship of the Entry to the Entrant.  

10.5 By entering the Competition, an Entrant warrants to the Promoter that: 

10.1 their Entry does not contain content that is illegal, contrary to any laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable;  

10.2 their Entry does not contain content that is contrary to the requirements or directions of relevant regulators; 

10.3 their Entry does not contain content that has been used in previous marketing materials or promotion for any third party or where any third party has been granted use of that content for any purpose whatsoever, including commercial purposes;  

10.4 their Entry does not contain content that has any viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;  

10.5 during the course of creating their Entry, their conduct was not illegal, contrary to any laws, indecent, obscene, threatening, discriminatory or harassing to any person; 

10.6 they agree that if their Entry is accepted by the Promoter, it may be made available on the Promoter’s website(s), any one of the Promotor’s other company and product websites, Promoter’s social media and other promotional and communication media for public viewing and may be used by the Promoter in any media and in any form for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising and/or marketing the Competition (including any outcome) and/or promoting any products and services manufactured, distributed days and/or supplied by the Promoter and/or the Promoter and generally; 

10.7 they are complying with the terms of the social platform in submitting their Entry (if applicable); and 

 

10.8 That they have appropriate parental/guardian consent to enter (if applicable).

 

11. Disclaimers  

 

11.1 To the extent permitted by law, the Entrant (and parent/guardian of each Entrant, if applicable) indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all losses arising from:  

11.1.1 a breach by the Entrant of any of these Competition Terms;  

11.1.2 any third party claim arising directly or indirectly from a breach by the Entrant of any of these Competition Terms;  

11.1.3 a negligent, wilful or otherwise wrongful act or omission of the Entrant;  

11.1.4 fraudulent or dishonest acts or omissions by the Entrant;  

11.1.5 any breach by the Entrant of any applicable laws;  

11.1.6 any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering the Competition;  

11.1.7 the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant; and  

11.1.8 any claim or allegation that the Entrant’s Entry infringes a third party’s intellectual property rights or constitutes an unlawful disclosure or misuse or misappropriation of another party’s trade secret or confidential information. 

11.2 If the Prize or element of the Prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value to the Prize Value will be awarded in lieu.  

11.3 If the Competition is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including because of war, terrorism, state of emergency or disaster (including natural disaster), pandemic, epidemic, border closures, travel restrictions, health emergencies, infection by computer virus, bugs, tampering, unauthorised intervention, technical failures, directions of regulators or industry self-regulatory bodies or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Competition and/or if necessary to provide alternative Prize(s) to the same value as the Prize Value. 

11.4 The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Consumer Law in the Jurisdiction), for any direct or indirect injury, loss and/or damage arising in any way out of the Competition. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this Competition and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Competition as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, Prize claims or prize(s); and/or (iv) acceptance and/or use of any Prize.  

11.5 Unless stated otherwise, this competition is in no way sponsored, endorsed or administered by, or associated with any social platform.  You provide your information to the Promoter and not to any social media platform.  You completely release any relevant social media platforms from any and all liability. 

11.6 Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights. 

 

12. Privacy 

 

12.1 The Promoter will deal with and retain such information in accordance with its Privacy Statement 

12.2. The Promoter collects, uses and discloses information in accordance with its Privacy Statement at and as stated in these Competition Terms. 

12.3 The Promoter collects Personal Information about an Entrant to include the Entrant in the Competition, award the Prize/s (where appropriate) and use the information to assist in improving the goods and services of the Promoter. If the Personal Information requested is not provided, the Entrant cannot participate in the Competition and is deemed ineligible. 

12.4 An Entrant also agrees that the Promoter may, in the event that the Entrant is a winning Entrant, publish or cause to be published, the Entrant winning Entrant’s name and locality in any media, as may be required under the relevant legislation.  

12.5 The Promoter will provide to each Entrant, at time of Entry into the Competition (or as soon as reasonably practicable thereafter), a collection statement that details the Personal Information being collected, the purposes of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under relevant privacy legislation.  

12.6 Entrants' Personal Information may be disclosed to recipients in countries such as Australia, New Zealand, the United Kingdom, and the United States in accordance with the Promoter’s Privacy Statement.  The Privacy Statement includes information about: 

12.6.1 how a person can seek access to the personal information the Promoter holds and seek the correction of such information; and

12.6.2 how a person can complain about a breach of privacy and how the Promoter will deal with such a complaint.   

12.7 Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights. 

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