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 email@example.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.
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
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.
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.
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