General Conditions
1. Any costs associated with accessing the Promotion website are the entrant’s responsibility and are dependent on the internet service provider used. Entrants must
submit their entries and/or claims manually using an internet browser.
General Conditions
1. Any costs associated with accessing the Promotion website are the entrant’s responsibility and are dependent on the internet service provider used. Entrants must
submit their entries and/or claims manually using an internet browser.
2. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, communication network,
computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any error, omission,
alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise, injury or damage to entries or to participants' or any
other person's computer related to or resulting from participation in or downloading any materials in this Promotion. If the Promotion is not capable of being
conducted due to circumstances beyond the Promoter's control, including due to any technical or communications problems, the Promoter reserves the right to
amend, suspend or cancel the competition, as appropriate.
3. 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. 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.
4. As a condition of claiming a prize, the Participant may be required to (at the Promoter’s discretion) sign any legal documentation as and in the form required by the
Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
5. The Promoter may communicate or advertise this competition using Facebook. However, the competition is in no way sponsored, endorsed or administered by, or
associated with, Facebook. Entrants are providing their information to the Promoter and not to Facebook. Each entrant completely releases Facebook from any and
all liability.
6. The prize(s) and/or parts of the prize(s) is/are not transferable or exchangeable and cannot be taken as cash (unless the prize is cash). If a prize, or an element of a
prize, is unavailable for any reason, the Promoter reserves the right to substitute another prize of equal or greater value for that prize, or element of it, subject to the
approval of any relevant authority. The Promoter and its representatives will not be liable for any damage to or delay in transit of prizes.
7. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter the Promotion repeatedly is
prohibited and will render entries submitted using such means as invalid.
8. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for
any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion,
including, but not limited to, where arising out of the following: (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 Terms and
Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize.
9. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of
profits), expense, damage, personal injury, illness or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with
this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum
allowable by law). Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any
applicable law.
10. As a condition of entering this promotion, each entrant licences the Promoter to use their entry in any media for an unlimited period for any reason including but not
limited to future promotional, marketing or publicity purposes. Each entrant warrants to the Promoter that each entry submitted is an original literary work of the
entrant that does not infringe the rights of any third party. Entrants agree to indemnify the Promoter against all costs and claims by third parties arising from a breach
of this warranty. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
11. Entrants irrevocably consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or
recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and
promoting any products manufactured, distributed and/or supplied by the Promoter. The Promoter collects personal information in order to conduct the Promotion
and may, for this purpose, disclose such information to third parties required for the provision of the Prize. Entry is conditional on providing this information. The
Promoter may disclose the information for those purposes to its related bodies corporate and contractors. If entrants do not provide the information requested they
will not be able to enter the Promotion.
12. The Promoter is bound by the Privacy Act 1988 (Cth) and it’s privacy policy which is located at: http://www.luvaduck.com.au/privacy-policy If entrants have any
concerns or queries about the way their personal information is managed by the Promoter or wish to seek access to, or correct, personal information held by the
Promoter, they should contact the Promoter by telephoning its customer service call centre on 1300 649 000 or contact its Privacy Officer via
hrmanager@luvaduck.com.
13. In addition to the privacy term set out above, there is a ticked “opt in” box on the websites entry form page confirming that the entrant agrees to receive future
marketing communications from Luv-a-Duck. If the entrant does not wish to receive future communications by Luv-a-Duck, the entrant must untick the “opt in” box.
14. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not
limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period,
unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or
telephoning the entrant. Entrants should direct any request to opt-out, access, update or correct information to the Promoter. All entries become the property of the
Promoter.
15. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the
Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of
Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including
its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of
opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
16. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and
agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any 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 Terms
and Conditions; (e) any tax liability incurred by a winner or entrant; or (g) taking of or participation in the prize.
17. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to
the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions,
comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal
injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot
be excluded by law.
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