Win a Retail Trip of a Lifetime

“WIN A RETAIL TRIP OF A LIFETIME PRESENTED BY FIRST EVER & NBL” PROMOTION
TERMS AND CONDITIONS
Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
The Promoter is First Ever Pty Ltd (ABN 12 264 718 047) of Level 1, 10 Queens Road, Melbourne VIC 3004, telephone: 03 8391 6099.
The Sponsor is National Basketball League Pty Ltd (ABN: 65 164 187 937) of Level 12, 10 Queens Road, Melbourne VIC 3004, telephone: 03 8391 6099.
Entry is only open to Australian and New Zealand residents. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
Employees (and their immediate families) of the Promoter, the Sponsor and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
Entries into the promotion open on 19/11/2018 and close at 11:59pm AEDT on 28/02/2019 (“Promotional Period”). All times referred to herein are AEDT, as applicable in VIC.
To enter, individuals must visit www.firstever.com/win or the Promoter’s Facebook page at https://www.facebook.com/FirstEver.Aus/ , follow the prompts to the promotion entry page, input the requested details (including their full name, email address, telephone number, postcode and gender) and submit the fully completed entry form during the Promotional Period (“Initial Entry”).
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
Incomplete or indecipherable entries will be deemed invalid.
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.
The draw will take place at the Promoter’s office, Level 1, 10 Queens Road, Melbourne VIC 3004 on 01/03/2019 at 3pm, in the presence of an independent scrutineer. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified via telephone and in writing within two (2) business days of the draw and their name will be published at www.firstever.com/win and on the Promoter’s Facebook page ( https://www.facebook.com/FirstEver.Aus/ ) from 01/03/2019.
The Promoter’s decision is final and no correspondence will be entered into.
The first valid entry drawn will win a trip for two (2) people to New York City, USA valued at up to AUD$10,000 depending on point of departure. Prize includes:
Two (2) x return economy airfares from winner's nearest capital city (if winner resides in Australia) or from Auckland (if winner resides in New Zealand) to New York City;
Five (7) nights twin share 4 star accommodation in New York City;
Two (2) x tickets to a New York Nicks vs San Antonio Spurs game at Maddison Square Garden on 15/03/2019;
AUD$1,000 to spend at First Ever online store; and
AUD$3,000 spending money (awarded as a bank transfer).
Prize must be taken to coincide with the New York Nicks game at Maddison Square Garden, with flights departing on 10/03/2019 and is subject to booking and flight availability.
Additional spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age. The winner and his/her companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. The winner and his/her companion must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present their credit card at time of accommodation check in.
In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
If the winner of the prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.
Subject to the unclaimed prize draw clause, if for any reason the winner does not take / redeem the prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
The New York Nicks ticket prizes are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
Total prize pool value is up to AUD$10,000. Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
A draw for the prize, if unclaimed, may take place on 06/03/2019 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified via telephone and in writing within two (2) business days of the draw and their name will be published at www.firstever.com/win and on the Promoter’s Facebook page from 06/03/2019.
Entrants 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
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 States and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“ 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.
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) if the New York Nicks game is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) taking of the prize.
As a condition of accepting the prize, the winner (and his/her companion) must 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. In the event a winner or winner’s companion is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.firstever.com/privacy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter may disclose entrants’ PI to entities outside of Australia – see Privacy Policy for details.
The Promoter may also disclose PI to the Sponsor, who may use the information for their own marketing purposes. For details on how PI will be handled by the Sponsor, entrants should view their privacy policy at: http://nbl.com.au/more/legal.
Permits: NSW LTPS18/29470 ACT TP18/02176 SA T18/1973.