Win The New Upcoming iPhone 12

1. This competition (“Competition") is conducted by
NEW MODO Pty Ltd (“the Promoter”), of 90 Beckenham St, Canley Vale NSW 2166.
Please direct any correspondence about this competition to support@yesloyal.com
2. All entry instructions and prize information published
by the Promoter form part of these conditions. By entering, entrants accept
these conditions.
3. The Competition is only open to individuals who: (i)
are Australian residents aged 13 years or older at time of entry; (ii) are not
directors, management or employees, or their immediate family members, of the
Promoter or its related companies or agencies associated with the Competition;
are invited by the Promoter to join ‘yesloyal’ (“Eligible Entrant").
4. The Competition commences at 12:01 am on 9th November
2019 and closes at 11:59pm on 17th December 2020.
5. The Competition involves one element:
a. the ‘yesloyal – iPhone 12 Prize Draw’ (see conditions
14 and 15).
6. Except as otherwise stated, all times are Sydney time.
ENTRY
7. To enter the ‘yesloyal – iPhone 12 Prize Draw’, an
Eligible Entrant must:
a. be a member of yesloyal;
b. receive an invitation from the Promoter; and
c. follow the instructions to complete the activity in
the manner required (e.g. fully complete your yesloyal profile: first name,
last name, email address, date of birth and profile picture).
Each completed activity will entitle the Eligible Entrant
to one entry into the relevant ‘yesloyal – iPhone 12 Prize Draw’.
8. Entrants may only enter the Competition in their own
name.
9. Entries must be received by the Promoter during the
applicable Entry Period. Entries will be deemed received at the time that the
Promoter is satisfied that all necessary requirements under condition 7 (as
applicable) have been met and not at the time of submission by the Eligible
Entrant. The Promoter takes no responsibility for late, lost, incomplete,
incorrectly submitted, illegible or misdirected entries or delays or failures
in any equipment or telecommunications service used to administer this
Competition.
10. Cost of entry via the internet is free, but internet
connection and usage rates may apply. Eligible Entrants should obtain details
of such costs from their service providers.
11. Eligible Entrants must submit their internet entry
manually. The Promoter may reject internet entries if it reasonably forms the
opinion that they have been entered using automated entry
means.
12. The Promoter may, in its absolute discretion, declare
an entry invalid or disqualify any entrant that tampers with the entry process
or benefits from such tampering, submits an entry that is incomplete or not in
accordance with these conditions, or otherwise acts in a manner that is
disruptive, dishonest or calculated to jeopardise the fair and proper conduct
of this Competition.
13. The Promoter reserves the right to require an entrant
to verify the validity of their entry within the requested time, including but not
limited to an entrant’s identity, eligibility, age and address and to
disqualify any entrant who does not satisfy any entry criteria in these
conditions. Errors and omissions may be accepted at the Promoter’s discretion.
Proof considered suitable for verification is at the Promoter’s discretion.
DRAWS AND PRIZES
14. For the ‘yesloyal – iPhone 12 Prize Draw’, all valid
entries (in accordance with condition 7) received during the Draw Entry Period
will be entered in to the relevant draw.
15. The ‘yesloyal – iPhone 12 Prize Draw’ will take place
at New Modo Pty Ltd, 90 Beckenham St, Canley Vale NSW 2166 at 2pm on the 18th
December 2020.
16. There is one iPhone 12 to be won in the ‘yesloyal –
iPhone 12 Prize Draw’. The first valid entry randomly drawn will win an iPhone
12.
17. The iPhone 12 will be sent to the winner via a
courier service. All taxes (excluding GST) which may be payable as a
consequence of receiving a prize are the sole responsibility of the winner.
PROVISIONS APPLICABLE TO PRIZES GENERALLY
18. The total Competition prize pool is valued at $1899
AUD (including GST) as at 10 June 2020. A prize value is the recommended retail
value as provided by the relevant supplier(s). The Promoter takes no
responsibility for any variation in a prize’s value due to exchange rate
changes or otherwise.
19. Any additional costs not expressly stated, but which
may be incurred in acceptance and use of a prize, are the responsibility of the
winner.
20. No compensation will be payable if a winner is unable
to take any element of a prize as stated, or does not satisfy any conditions of
use for any element of the prize, for whatever reason. Any part of a prize that
is not taken for any reason is forfeited and no compensation will be provided.
21. If a prize (or part of a prize) is unavailable for
any reason, the Promoter may, in its absolute discretion, substitute
alternative goods or services of equal or higher value, subject to the approval
of any relevant gaming authority, where required. The Promoter accepts no other
liability or responsibility for any loss incurred by a winner or any other
party if a prize (or part of prize) is unavailable for any reason.
22. Other than as expressly stated in these conditions, a
prize is non-transferable, non-refundable, non- exchangeable, non-replaceable,
and non-redeemable for another prize including cash, except at the Promoter’s
discretion and subject to relevant State and Territory legislation.
PRIZE WINNERS
23. The winners will be notified within 2 days of the
relevant draw by email, using the details provided in their yesloyal customer
profile.
24. The prize notification will include instructions as
to how the winner is to claim their prize.
25. The prizes will only be awarded following any winner
validation and verification that the Promoter requires in its sole discretion.
26. Subject, where relevant, to any directions given by a
relevant gaming authority, if: (i) a prize is not claimed by a winner or the
Promoter has been unable (despite reasonable efforts) to successfully contact
the winner within 3 months from the ‘yesloyal – iPhone 12 Prize Draw’; (ii) a
prize is forfeited for any reason; or (iii) a winner is determined by the
Promoter to be ineligible to win a prize in accordance with these conditions,
the relevant prize will be forfeited and instead awarded to another Eligible
Entrant in a redraw. Any such redraw will be made from a pool of all remaining
Eligible Entrants from all Competition prize draws, and will take place on the 22nd
of March 2021 at the same location as the original draws, with any unclaimed
prizes awarded to the next valid entry randomly drawn in descending order of
value (if applicable). The name of any resulting winner(s) and their State or
Territory of residence will be published on the yesloyal mobile app. Any redraw
prize winner(s) will be notified within 2 days of the redraw by email.
GENERAL
27. If for any reason this Competition is not capable of
running as planned, or is interfered with or disrupted in any way (including by
vandalism, power failures, natural disasters, acts of God, weather event, civil
unrest, strikes, computer bugs or viruses, tampering or technical failures),
the Promoter reserves the right to cancel, terminate, modify or suspend the
Competition, or invalidate any affected entries, subject to the approval of any
relevant gaming authorities, where required.
28. The Promoter assumes no responsibility for: (i) any
error, omission, interruption, or delay in the operation or transmission of any
communication sent to (or by) the Promoter or any entrant whether caused by
problems with communication networks or lines, computer systems, software or
internet service providers, congestion on any carrier network or otherwise;
(ii) any theft, destruction or unauthorised access to, or alteration of such
communications; (iii) any problem with, or technical malfunction of, any
computer system or other equipment used for the conduct of the Competition;
(iv) any incorrect or incomplete information which may be communicated in the
course of the administering this Competition (whether as a result of one of the
foregoing causes or otherwise); or (v) any delay in delivery (when not directly
caused by the Promoter or its supplier), or failure of safe delivery of a
prize.
29. All of the Promoter’s decisions in relation to all
aspects of this Competition are final and no correspondence will be entered
into. Failure by the Promoter to enforce any of its rights at any stage does
not constitute a waiver of those rights.
30. A winner accepts a prize at their own risk. Any tax
liability arising as a result of accepting a prize is the responsibility of the
winner. Independent financial advice should be sought.
31. To the full extent permitted by law, the Promoter,
its associated companies and agencies and any of their personnel (the “Relevant
Parties") exclude all liability for any loss (including any damage, claim,
injury, cost or expense) which is suffered or incurred by any Eligible Entrant
in connection with the Competition or a prize, including without limitation:
(i) any indirect, special, economic or consequential loss; (ii) any loss
arising from the negligence of a Relevant Party; and (iii) any liability for
personal injury or death. To the extent that such liability cannot be excluded
by law, it is limited to the minimum allowable by law.
32. Competition permits: LTPS/2019/39623