1. Participation in the Competition is subject to the following terms and conditions and includes all information we provide on how to enter and prizes available. By submitting an entry into the Competition, you are indicating to us that you agree to be bound by these terms and conditions. Only entries that comply with these terms and conditions will be considered valid and eligible to win.
2. The Promoter is Gerkin Pty Ltd ABN 66617025662, 295 Thompson Road, North Geelong, ., email@example.com.
3. The competition commences at 3pm AEDT on 12/06/2020 and ends at 11:59pm AEDT on 18/07/2020 (Competition Period).
Eligibility to enter
4. You are eligible to enter the Competition if you are:
4.1 ordinarily resident in VIC, WA, QLD & ACT; and
4.2 aged 18 years or over (Eligible Entrants); or
4.3 aged 16 years or over and have the consent of your parent or guardian to enter; and
4.4 not an Ineligible Person
5. If a winner is under 18 years of age, then the Promoter reserves the right in its absolute discretion to award the prize to the winner's parent or guardian and to require that the parent or guardian execute such acknowledgment, indemnity and release as reasonably required in the circumstances.
6. Ineligible Person means any director, manager, employee of the Promoter, retailers, suppliers, associated entities and agencies associated with this Competition, or any immediate family member of any of those persons.
How to enter
7. To enter, Eligible Entrants must, during the Competition Period:
7.1 You will receive one entry for submitting your email address.
Then you receive a entry for every point you collect as outlined below and in the bonus entries section of the competition:-
Refer a mate -- 200 points
comment on our Facebook post - 100 points
tag three mates on our nominate Facebook post - 150 points
Share this - 200 points - (this is unlimited)
confirm your email address - 20 points
join our messenger account - 50 points
8. Multiple entries are permitted subject to compliance with these terms and conditions.
Draw date and time
9. All valid entries will be included in the draw.
10. The draw will take place at 10am AEDT on 19/07/2020 at 295 Thompson Road, North Geelong (Prize Draw Date).
11. The first valid entry drawn will be the winner of the Major Prize and the second and subsequent valid entries drawn will be the winners of the Minor Prizes (Winners).
12. The Prize will be announced and distributed in accordance with clause 20 below. Winning is not contingent on being present at the draw.
13. The Prize is
(a) First Prize- Play Station Games Bundle $502
(b) Second Prize- Bose QuietComfort 35 II Wireless Over-Ear Headphones (Black) $359
(c) Third Prize- New York Yankies Pack $220
(d) Fourth – 53rd prize $20 Sports Power Geelong Vouchers
14. All taxes (excluding GST), which may be payable as a consequence of receiving the prize, are the sole responsibility of the winner.
15. The Promoter is not liable for any loss, damage or injury suffered (even if caused by negligence) as a result of the Winner(s) accepting and/or using the Prize, except for any liability which cannot be excluded by law.
16. Eligible Entrants acknowledge that use of, or participation in, the Prize carries inherent risk. Eligible Entrants acknowledge that use of the Prize may be dangerous and if they (and any other person(s) sharing the Prize with the winner) choose to participate in the Prize they do so at their own risk. Use of the Prize may be subject to obtaining medical clearance. The Promoter or Prize supplier may require the winner to sign an agreement releasing the Promoter and/or Prize supplier from all liability arising from the winner's use of the Prize.
17. Promoter is not responsible or liable for any loss, damage or injury suffered by any winner as arising from, or in connection with the Prize supplied by the prize supplier, or the conduct of the prize supplier.
18. Prizes will be delivered, paid or transferred to the winner within 30 days.
19. In the event that the Prize (or any part of the Prize) becomes unavailable for reasons beyond the Promoter's control, the Promoter may substitute a prize (or the relevant part of a prize) with a prize of equal or greater value subject to any contrary direction from a regulatory authority.
Winner notification and publication
20. Winners will be notified within 3 days.
21. Winners will be notified in writing by email to the email address submitted at the time of entry.
22. he names of winners Promoters website for a minimum of 28 days on and from 19/07/2020.
23. All prizes will be distributed during or after the close of the Competition.
24. The Promoter will make reasonable efforts to identify and locate the Prize winner.
25. If any Prizes (other than perishable prizes) remain unclaimed within three months after Prize Draw, an unclaimed prize draw will be held at Gerkin Pty Ltd, 295 Thompson Road, North Geelong on 18/10/2020 at 10am AEDT subject to the approval of any necessary regulatory authority (Unclaimed Prize Draw).
26. Winners of the Unclaimed Prize Draw will be notified in the same manner as set out in clause 21 above. Winners names will be published in the same manner as set out in clause 22 above.
27. [OR Any unclaimed prize will be sold in a way that the Promoter, in its absolute discretion, considers will bring a reasonable price. The money realised (after deducting reasonable costs for sale or disposal) will be held in trust for the initial winner by the Promoter for three months after the Prize Draw Date and until a substitute winner is drawn in the Unclaimed Prize Draw.
28. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may (where necessary with the approval of the relevant lottery authority) modify, cancel, terminate or suspend the promotion.
Use of Eligible Entrant's Personal Information
29. Personal information including Eligible Entrant’s name, address, telephone number, email and nominated bank account details will be collected and used for the purpose of conducting this Competition. This may require disclosure to third parties, including local regulatory authorities and the Promoter’s agents or third party service providers, for the purpose of conducting the Promotion, or for promotional and marketing purposes (including for direct marketing) (Purpose).
30. By entering this Competition, Eligible Entrant’s consent to the use of their personal information for the Purpose, and that the Promoter may contact them for future marketing and material purposes without payment. Eligible Entrants agree that the Promoter may use this information for that purpose.
Intellectual property and moral rights
32. By entering this Competition, Eligible Entrants license the Promoter to use the content of their entry in any way the Promoter wishes (including modifying, adapting, copying, publishing, broadcasting or communicating the entry whether in original or modified form in whole or in part) in all media in perpetuity without payment to the Eligible Entrant of royalties or compensation.
33. By entering this Competition, Eligible Entrants consent to the Promoter dealing with their entry content in any way that may otherwise infringe the Eligible Entrants moral rights and agree not to assert their moral rights (wherever such rights are recognised) in respect of their entry against the Promoter or its assigns, licensees or successors.
34. Eligible Entrants warrant that their entry is not in breach of any third party intellectual property rights.
35. Eligible Entrants consent to the Promoter using their name, likeness, image and/or voice in the event that they are a winner in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting this Competition (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter.
Social media platforms
36. By using and entering this Competition on Facebook Eligible Entrants:
(b) release Facebook from all claims based on, related to or arising from the Competition; and
(c) acknowledge and agree that this Competition is in no way sponsored, endorsed, administered or affiliated with Facebook.
37. The Promoter is not responsible for any loss, damage or injury to Eligible Entrants resulting from entering or participating in this Competition including arising from any comments made, or material published, by third parties about the participant on any social media platform in connection with this Competition.
38. The Promoter's decision is final and binding and no correspondence will be entered into. The Promoter accepts no responsibility for late, lost or misdirected entries or other communications. Entries will be deemed void if illegitimate, forged, manipulated or tampered with in any way.
39. Should an Eligible Entrant’s contact details change during the Competition Period, it is the Eligible Entrant's responsibility to notify the Promoter. A request to access or modify any information provided as part of the redemption of a Prize should be directed to Promoter.
40. The Promoter reserves the right to request verification of the social media profile of eligible entrants and of the age, identity, residential address of winners and any other information relevant to entry into or participation in this promotion. Verification is at the discretion of the Promoter, whose decision is final. The Promoter reserves the right to disqualify any individual who submits an entry that is not in accordance with these terms and conditions, or who is involved in any way in interfering or tampering with the conduct of this promotion. Failure by the Promoter to enforce any of its rights does not constitute a waiver of those rights.
41. The Promoter reserves the right to disqualify any individual who is involved in any way in interfering or tampering with the conduct of this Competition has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition.
42. The Winner has rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter. These terms and conditions do not exclude, restrict or limit those statutory rights in any way. However, to the extent that it is permitted to do so, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Competition, including, without limitation:
(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 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 market value to that stated in these terms and conditions;
(e) any tax implications; or
(f) the Prize or use of the Prize.
43. If for any reason beyond the reasonable control of the Promoter this Competition is not capable of running as planned, the Promoter reserves the right in its sole discretion to take any action that may be available to it, and to cancel, terminate, modify or suspend the Competition, unless to do so would be prohibited by law.
44. The Promoter reserves the right to cancel, terminate, modify or suspend the Competition or amend these terms and conditions, subject to any directions from a regulatory authority.