Mrs Mac’s – #takeitback Competition
Terms and Conditions – Random Winner
1) Information on how to enter forms part of the terms and conditions of entry. Entry into the promotion/Acceptance of a prize is deemed acceptance of these terms and conditions. Headings in this document are included for ease of reference, and do not affect interpretation in any way.
Mrs Mac’s – #takeitback Competition
Terms and Conditions – Random Winner
1) Information on how to enter forms part of the terms and conditions of entry. Entry into the promotion/Acceptance of a prize is deemed acceptance of these terms and conditions. Headings in this document are included for ease of reference, and do not affect interpretation in any way.
2) The promoter is MRS MAC'S PTY LTD (ABN: 75 009 068 473) of 5-9 Marchant Way, Morley WA 6943 (Promoter).
Duration
3) All references to time in this document are a reference to the local time in Perth, Western Australia, Australia on the date stated. The promotion commences at 9am AWST on 21 March 2017 and closes at 5pm AWST on 23 April 2017 (Promotion Period).
Eligibility to enter
4) Entry is open only to Australian Residents aged 18 years and over (Eligible Entrants), excluding directors, management, employees and their immediate families of the Promoter.
Entry into the promotion
5) To enter via Facebook, Eligible Entrants must during the Promotion Period:
a) Visit the Mrs Mac’s Facebook page.
b) Comment on the #takeitback competition post with your favourite Mrs Mac’s
6) The Promoter is not responsible for any lost, late, ineligible, incomplete, corrupted or misdirected entries, however so caused.
7) Eligible Entrants are permitted only one entry (multiple entries are not permitted).
8) The time of entry will be deemed to be the time the entry is received by the Promoter.
9) The Promoter reserves the right, at any time and at it’s sole discretion to verify the validity of entries and Eligible Entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
10) The result of the draw is final and no correspondence will be entered into.
Judging of entries
11) Entries will be drawn from the comment section of the Facebook post at random.
12) The draw will take place at 5pm AWST 24 April 2017 at 5-9 Marchant Way, Morley WA. Judging will be conducted by the Promoter.
13) The judges’ (Mrs Macs) decision is final and no correspondence will be entered into. [who is the judge it is not defined ?]
The prize
14) There will be 1 prize. The maximum total prize pool value is AU$1,000.
15) The prize is $1,000 from Mrs Mac’s.
Notification of the winner
16) The winner will be notified by Facebook on the Mrs Mac’s competition post with their name published and a direct message through Facebook Messenger will be sent to the winnerby no later than 30 April 2017.
Judging backup entries
17) As part of judging, the Promoter will select an additional 2 entries in prize pool to be used as backup winners in the event that an entrant is unable to satisfy the promotion terms and condition or forfeits or does not claim a prize. For any prize that remains unclaimed on 2 May 2017, the Promoter will award the prize to the backup winner in the order judged by the Promoter, subject to any written direction given under applicable law. Any winners determined in accordance with clause will be notified by Facebook direct message depending on the channel they entered through within 2 days after prize was unclaimed.
Limitation of liability and variation of terms
18) If any act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions, the Promoter will not be liable for any failure to perform or delay in performing its obligations. The Promoter reserves the right at its sole discretion (subject to any applicable law) to cancel, terminate or modify or suspend this promotion.
19) The Promoter, its related bodies corporate and their respective officers, employees, contractors and agents (Promotion Parties) will not be liable for any losses, damages, expenses, costs or personal injuries arising out of this promotion, the promotion of this promotion or the use of any prize, including but not limited to any breach of these terms and conditions, contract or tort (including negligence) and any other common law, equitable or statutory remedy (Damages) whatsoever, including but not limited to direct, indirect and consequential Damages, including Damages that cannot reasonably be considered to arise naturally and in the ordinary course of things, even if those Damages were in the contemplation of the Promotion Parties.
20) The exclusion of liability in clause paragraph 19 above does not apply to limit or exclude liability:
a) for personal injury or death suffered or sustained in connection with the supply of goods or services which are supplied by the Promoter in the ordinary course of business. To remove doubt: third party goods or services, which other than in connection with this promotion, are in the normal course of business supplied by a third party unrelated to the Promotion Parties, are not supplied by the Promoter in the ordinary course of business; and the Promoter’s Conditions of Carriage and general booking conditions (and any exclusions contained therein) apply despite any statement to the contrary in these terms and conditions; or
b) to the extent it is not permissible at law to limit or exclude liability in the manner contemplated in that clause (in which case that liability is limited to the maximum extent allowable by law).
Entry details and privacy
21) Entry details remain the property of the Promoter. The name and photograph of the winner may be used for promotional purposes by the Promoter, unless the winner otherwise notifies the Promoter at the time of accepting the prize. Entrants consent to the Promoter using personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes (including to [third parties involved in the promotion/MDSA] and any applicable statutory authorities) and to conduct marketing activities.
Important information and conditions about competitions on Facebook
22) This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Eligible Entrants understand and agree that they are providing their information to the Promoter and not to Facebook. By entering this competition, each Eligible Entrant releases Facebook from any action or claim arising out of the competition. Any questions, comments or complaints regarding this competition must be directed to the Promoter, not Facebook.
23) At all times, Eligible Entrants agree to act in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php, and other related policies.
Tax Implications
24) The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Independent financial advice should be sought.
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