TERMS OF ENTRY 1. These Terms and Conditions must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms and Conditions. 2. Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the Prize if they are the winner. 3. To the extent of any inconsistency between the Schedule and these Terms and Conditions, the Schedule prevails. 4. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions. PROMOTION 5. The Promotion is conducted by the Promoter. 6. The Promotion is a game of skill, and chance plays no part in determining the winner/s. 7. This Promotion will be advertised as outlined in the Methods of Advertisement.
ELIGIBLE ENTRANTS 8. Entry is open only to residents of the Eligible States and Territories who comply with the Entry Restrictions (if any). Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter or of its related bodies corporate, or of the Relevant Parties are ineligible to enter. 9. In the event entrants under the age of 18 are permitted to enter they must have permission from a parent or guardian to enter the Promotion and have obtained their consent to these terms and conditions. 10. Any person who is discovered to have used or attempted to use any more than one name in order to enter any Promotion run by the Promoter except in the case of a legal change of name in this Promotion is ineligible to enter this Promotion. 11. All entries to the Promotion may be subject to verification by the Promoter. An entrant must, within seven (7) days of being asked and at the Promoter’s cost, allow the Promoter to inspect and copy any documents that the Promoter may request establishing eligibility to enter the Promotion, including but not limited to receipts, evidence of age, residence and identity. 12. The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that the winner cannot provide suitable proof of eligibility, they will forfeit the Prize in whole and no substitute or compensation will be offered. ENTRY 13. Entry to the Promotion commences on the Commencement Date and closes on the Closing Date (the Promotion Period). 14. To enter the promotion, entrants must follow the Entry Method during the Promotion Period. 15. An entrant’s entry must not be: a) late; b) delayed; c) incomplete; d) incomprehensible; e) unlawful or capable of violating any law or giving rise to a civil action; f) obscene; g) defamatory or libellous; h) threatening or harassing; i) pornographic or contain nudity; j) hateful; k) offensive against a person or group of persons on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference; l) incite or be capable of encouraging conduct that would be considered a criminal offence; m) in violation of the social media guidelines, rules or terms of service of the relevant social media site or platform used to enter the Promotion. 16. An entrant may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must independently comply with these Terms and Conditions. 17. The entrant warrants that their entry including the response and any photos, images or videos (“Entry Material”) is: their own original work; it is not copied in any manner from any other work; and does not infringe the copyright, moral rights, trademark rights or any other rights of any third party. 18. Entrants retain all ownership in their Entry Material. However, by submitting their Entry Material, entrants hereby grant the Promoter an irrevocable, nonexclusive, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the Entry Material for the purposes of conducting and promoting this Promotion, awarding the Prize and advertising and marketing the Promoter or the Promotion on all media now known or later devised, in perpetuity. 19. By entering the Promotion, entrants consent to any use of their Entry material by the Promoter which may otherwise infringe an entrant’s moral rights in the Entry Material, including (without limitation): 3 a) Exercising any of the rights in the Entry Material without identifying the entrant; and b) Using the Entry Material in any way that the Promoter sees fit, even if it results in derogatory treatment of the Entry Material (as defined in the Copyright Act 1968 (Cth)). 20. Each entrant warrants that: a) they have the full power and capacity to grant the rights, warranties and consents set out in these Terms and Conditions; b) the Entry Material is not, and its use by the Promoter (or the Relevant Parties) will not be, in breach of any third party intellectual property rights; c) they will fully indemnify the Promoter against any loss or damage suffered by the Promoter: i. in the event that any of the warranties given by the entrant are false; ii. as a result of any breach of these Terms and Conditions by the entrant; and d) they have consent from each person appearing in the Entry Material (or if a person appearing in the Entry Material is under the age of 18, from that person’s parent or guardian). 21. Entrants must ensure that their entries are received by the Promoter during the Promotion Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the entrant. The Promoter takes no responsibility for late, lost, illegible, corrupted or misdirected entries or for any delays or failures in any telecommunications services or equipment. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. 22. If Entry is permitted via website or app is free. However, any costs associated with accessing a website or app in order to make their entry, are the responsibility of the person seeking access and are dependent on the service provider used. 23. Entrants must make their website or app entries manually. The Promoter may reject an entry if it reasonably forms the opinion that the entry has been made using automated entry means or by use of a computer entry service. 24. If Entry is permitted via a social media platform, the following will apply: a) an entrant’s entry must be submitted by the individual entrant; b) entrants must ensure their security settings on their personal account allows the Promoter to contact them in the event that the entrant is a winner; c) use of social media platforms is subject to the terms and conditions of use of that social media platform. If entry and continued participation in the Promotion is via Facebook, entrants agree to act in accordance with the Facebook Statement of Rights and Responsibilities, available at http://www.facebook.com/terms.php; d) Entrants acknowledge that this Promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform. Any questions, comments or complaints about this Promotion must be directed to the Promoter (not the social media platform).The winner and their guest(s) (if any) are solely responsible and liable for the content of their entries and/or posts and any other information they transmit to other internet users; and e) to the extent permitted by law, the winner and their guest(s) agree to release any and all social media platforms (and their associated agencies and companies) used in conjunction with this Promotion, against any and all losses, claims, costs, expenses and damages (of any nature) which may be incurred by the winner and their guest(s) in respect of their participation in the Promotion. 25. Should an entrant’s contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Date, that entrant must notify the Promoter of their correct contact details immediately. 26. Any entry that is made on behalf of an entrant by a third party, or otherwise by proxy, will be invalid. 27. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant: a) fails to establish their entitlement to win the Promotion to the Promoter’s satisfaction; or b) fails to produce items as required by these Terms and Conditions or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or c) appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or d) has submitted an entry that is not in accordance with these Terms and Conditions. 28. By entering the Promotion, the winner and their guest agree that: a) if requested by the Promoter, the winner and their guest will: i. provide comments about the Promotion and/or a photograph or audio-visual clip of themselves; and ii. participate in all promotional and publicity activity in connection with the Promotion; b) the Promoter may use their name, image, location, comments, photographs, Entry Material or clips (“Materials”) for publicity and promotional purposes in any form of media, without reference or compensation 4 to the winner and their guest/s or any other person; c) the Promoter may use, reproduce, edit and communicate to the public the Materials at any time in any form of media; d) the Promoter may license, authorise or otherwise transfer the rights in the Materials to others (including the and Related Parties) to do the same; and e) the winner and their guest/s unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials and waive all moral rights in the Materials. 29. Use or any publication of entries during or after the Promotion Period (in any form of media) does not mean that an entrant has been selected as a winner in the Promotion, and that entrant may not be awarded a Prize. WINNERS & JUDGING 30. There will be the Number of Winner/s determined from all entries received during the Promotion Period. Each winner will receive a Prize. 31. Each winner will be determined on the Determination Date by the Promoter at 5 Thomas Holt Drive, North Ryde, NSW 2113. Each valid entry will be individually judged (by representatives of the Promoter) based on the Judging Criteria. 32. The Promoter’s decisions are final and no correspondence will be entered into. 33. The winner will be notified by phone/email within two (2) days of the Determination Date. 34. All reasonable attempts will be made to contact the winner. If the Prize is not claimed by the winner by the Unclaimed Prize Date, it will be awarded to another entrant by the Promoter on the Unclaimed Prize Date. The winner of the unclaimed Prize will be notified by phone/email within two (2) days of the Unclaimed Prize Date. PRIZE 35. The Prize for this Promotion and the Total Prize Value is specified in the Schedule. 36. All Prize values are correct as at the Commencement Date and are reflective of the recommended retail price and are in Australian dollars. The Promoter takes no responsibility for any variations in the Prize values. 37. If a winner of a Prize is under the age of 18 years (where entry by persons under 18 is permitted): a) they must be accompanied on the Prize by a parent or legal guardian; or b) the Promoter may, at its discretion, award the Prize to the winner’s parent or guardian (who is aged over 18 years). 38. Any guest/s that accompany a winner on any element of the Prize must be over the age of 18, unless expressly stated otherwise. 39. The Prize must be taken as offered and cannot be varied. If the Prize (or any part of the Prize) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification. The Promoter accepts no other liability or responsibility for any loss incurred by the winner or any other party if the Prize (or any part of the Prize, if applicable) is unavailable for any reason. 40. The Prize cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment. 41. Unless expressly stated all other costs and expenses associated with taking the Prize become the responsibility of the winner. 42. The Prize must be claimed by the winner by the Unclaimed Prize Date. All aspects of each Prize must be taken together as a package. In the event that for any reason whatsoever the winner does not take the Prize or an element of the Prize at the time stipulated by the Promoter, the Prize or that element of the Prize will be forfeited by the winner. 43. The Prize may be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow the winner to transfer the Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion. 44. The winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to accepting the Prize. Where the operation of this Promotion results in, for GST purposes, supplies being made for nonmonetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values. 45. Once the Prize has left the Promoter’s/Prize supplier’s premises, the Promoter and the Relevant Parties will not be responsible for any delay in delivery or loss or damage to the Prize. 46. If the Determination Date or Unclaimed Prize Determination Date is a public holiday, the determination will be conducted on the following business day. 47. The Prize cannot be used in conjunction with any other discounts or special offers. 48. Any cash component of the Prize will be issued to the winner as a cheque in the winner’s name and crossed “not negotiable.” 49. The Prize will be awarded to the winner in the Promoter’s sole discretion. 50. Prizes may not, without the prior written consent of the Prize supplier and the Promoter, be resold or offered for resale at a premium (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a Prize is sold or used in breach of this condition, the Promoter or the Prize supplier may, at their absolute discretion, withdraw the Prize. Where a ticket has been withdrawn in accordance with this clause no refund, substitute or compensation will be offered and the winner and any person who has purchased or otherwise bears that ticket may be refused entry.