SpecSavers – Cricket Australia – Win a Maximum of One (1) Prize (prize valued at $20,000)

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#thedontest Terms & Conditions (“Conditions of Entry”)
Promotion: #thedontest
Promoter: Specsavers Pty. Ltd. ABN 82097147932, 520 Graham Street, Port Melbourne, VIC 3207, Australia. Ph: 1800 074
Start date: 22/11/17 at 12.00am AEDT
End date: 03/02/18 at 11:59 pm AEDT
Entry is only open to Australian residents. Entrants under the age of 18 must have parent or legal guardian
approval to enter.
How to Enter: To be eligible to enter, the entrant must film themselves hitting a standard size/weight golf ball up in the air
using a single cricket wicket stump only (as many times as they can continuously, without hitting the ground or
any other object/surface) (“Video”). The cricket wicket stump used must not be wider than 3.81 cm and no
taller than 71.1cm. There will be various Specsavers activations set up within Australia including outside the
MCG and SCG of select cricket matches during the Promotional Period where people will have the opportunity
to attempt this activity. Entrants do not necessarily need to attend an activation to be eligible to enter.
To enter the Promotion, the entrant must then complete any of the following entry method during the
Promotional Period:
(A) Facebook: Post their Video as a direct comment to the promotional post on the Specsavers Australia
Facebook Page (https://www.facebook.com/SpecsaversAustralia/) with the hashtag #dontest or
#thedontest; OR
(B) Instagram: Post their Video to their Instagram account with the hashtag #dontest or #thedontest and
tag @specsaversaustralia. Entrants who enter via Instagram must ensure their account is public (i.e.
not set to ‘private’) to be eligible for this Promotion; OR
(C) Twitter: Post their Video to their Twitter account with the hashtag #dontest or #thedontest and tag
The Promoter will moderate entries and create a player scoreboard. Weekly scoreboard winners can be viewed
All Videos uploaded by entrants may be used by Specsavers, Cricket Australia, Bradman Foundation &
Channel 9 for advertising and promotional purposes. By entering this Promotion, entrants agree that the
aforementioned companies may, with or without prior notice, repurpose and republish video entries as part
of any communications relating to The Don Test.
Entrants may enter multiple times provided each entry is submitted separately in accordance with the entry
instructions above. The entrant is eligible to win a maximum of one (1) prize. By completing the entry method,
the entrant will receive one (1) entry.
Prize Description Number
of this
Value (per
The prize is $1,000.00 (issued either in form
a cheque to the winner, EFT to the winner’s
bank account or an EFTPOS gift card).
If a winner has nominated an Australian
local cricket club or school in their winning
entry, the Promoter will also donate $1,000
to that respective cricket club/school.
10 (1 per
AUD$1,000.00 Judging No part of this prize is exchangeable,
redeemable for any other prize or
The winner must provide their bank
account details to the Promoter.
Specsavers, Cricket Australia and
Bradman Foundation reserve the
right to amend or alter the prize,
introduce new or additional prizes at
© 2017 Plexus Services Pty Ltd. Do not reproduce without authority.
their discretion. The total value of
each prize pack will remain
consistent or greater.
Entries open and close for each Weekly Period on the dates and times specified in the table directly below. The
entrant that obtains the highest number of continuous bounces of the golf ball with a cricket wicket stump (as
depicted in their Video and successfully verified by the Promoter) for each Weekly Period will win the prize
specified above. If there is any dispute as to whether an entrant has completed the entry process correctly
including if they have used the correct equipment, or have used any external factors to gain an unfair
advantage in playing the game, the Promoter’s decision will be final.
Weekly Period Entries Open Entries Close
1 22/11/17 at 12.00am AEDT 1/12/17 at 12 noon AEDT
2 1/12/17 at 12.01pm AEDT 8/12/17 at 12 noon AEDT
3 8/12/17 at 12.01pm AEDT 15/12/17 at 12 noon AEDT
4 15/12/17 at 12.01pm AEDT 22/12/17 at 12 noon AEDT
5 22/12/17 at 12.01pm AEDT 29/12/17 at 12 noon AEDT
6 29/12/17 at 12.01pm AEDT 05/01/18 at 12 noon AEDT
7 05/01/18 at 12.01pm AEDT 12/01/18 at 12 noon AEDT
8 12/01/18 at 12.01pm AEDT 19/01/18 at 12 noon AEDT
9 19/01/18 at 12.01pm AEDT 29/01/18 at 12 noon AEDT
10 29/01/18 at 12.01pm AEDT 02/02/18 at 12 noon AEDT
The winners will be contacted by Instagram, Twitter or Facebook (depending on their method of entry) within
one (1) day of the judging.
The Promoter will also donate AUD$10 to the Bradman Foundation, for every bounce of the golf ball captured
in each entry Video uploaded with the hashtag #dontest or #thedontest (and successfully verified by the
Promoter), until the maximum donation cap is met. Max donation cap is AUD$40,000 – A maximum of
AUD$40,000 will be donated in total by the Promoter to the Bradman Foundation.
In the event of an unclaimed prize, the Promoter may at its discretion assign the prize to the who would have
been the winner had the original winner not participated in the Promotion, or withdraw the prize unawarded.
The Promoter is under no obligation to award any unclaimed prize.
1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the
Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these
Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
2. The Promotion commences on the Start Date and ends on the End Date (“Promotional Period”). Entries are deemed to be
received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the
Promoter and its agencies are final and conclusive as to the time of receipt.
3. Valid and eligible entries will be accepted during the Promotional Period.
4. Employees (and the immediate family members) of agencies/companies directly associated with the conduct of this
Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and
agencies are not eligible to enter. “Immediate family member” 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.
5. If a prize is won by a person under the age of 18, the prize may be awarded to the winner’s parent or guardian and where
applicable to the prize a nominated parent/guardian must accompany any person under 18 years of age.
6. The winners will be determined by skill. Chance plays no part in determining the winners. The judges’ decision is final and
binding and no correspondence will be entered into.
7. All reasonable attempts will be made to contact each winner.
8. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the
Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
© 2017 Plexus Services Pty Ltd. Do not reproduce without authority.
9. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the
prize) to a prize of equal or greater value and/or specification.
10. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to
enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their
Internet service provider.
11. Each prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third
party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole
discretion, to determine the identity of the entrant or winner.
12. Entry and continued participation in the Promotion is dependent on the entrant following and acting in accordance with the
Instagram Terms of Use, (http://instagram.com/legal/terms/), Twitter Rules (https://support.twitter.com/articles/18311-
the-twitter-rules and Facebook Statement of Rights and Responsibilities (http://www.facebook.com/terms.php). Any
questions or comments regarding the Promotion must be directed to the Promoter, not to Instagram, Twitter or Facebook.
The entrant releases Instagram, Facebook and Twitter and their associated companies from all liabilities arising in respect of
the Promotion. Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or
associated with Instagram.
13. Entrants’ personal information will be collected by the Promoter. Personal information will be stored on the Promoter’s
database. The Promoter may use this information for future marketing purposes regarding its products, including contacting
the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act
1988 (Cth) and its privacy policy which is located at https://www.specsavers.com.au/legal. The Promoter’s privacy policy
contains information about how the entrant may access, update and seek correction of the personal information the
Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the
Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter
collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants’
personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in
conducting this Promotion. If the entrant does not provide their personal information as requested, they may be ineligible to
enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity
located outside of Australia.
14. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoter
determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely
participate in or accept the prize. It is a condition of accepting the prize that a winner (or their parent or legal guardian if
under the age of 18) may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to
receiving a prize. If a winner is under the age of 18, a nominated parent or legal guardian of the winner will be required to
sign the legal release on the winner’s behalf.
15. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize
supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and
conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the
extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to
deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in
these Conditions of Entry or otherwise.
16. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these
Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights
under any applicable law including the Competition and Consumer Act 2010 (Cth).
17. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus,
communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond
the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify suspend the Promotion and
invalidate any affected entries, or suspend or modify a prize.
© 2017 Plexus Services Pty Ltd. Do not reproduce without authority.
18. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant’s details (including
an entrant’s identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the
Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete,
indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter’s discretion be deemed invalid
and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third
party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any
other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may
render all entries submitted by that individual invalid.
19. All material submitted on entry (e.g. Video(s), photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and
answer(s) to a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding
intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory,
pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or
discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual
preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they
own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this
Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry
being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws
or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and
defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their
entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free,
perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry
(including any portion of their entry) for any purpose, including but not limited to future promotional, marketing or publicity
purposes, in any media, without compensation, restriction on use, attribution or liability. Entrants further agree, upon
request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the
Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original
work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has
jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may
otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be
liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline
to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and Conditions.
The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by
the Promoter pursuant to this paragraph.The entrant warrants and represents that any material sent or provided by the
entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party
(including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to
comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any
breach of the Terms and Conditions including this clause.
20. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the
event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on
each entrant and no correspondence will be entered into.
21. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect,
special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained
(whether or not arising from any person’s negligence or wilful misconduct) in connection with this Promotion or accepting or
using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is
limited to the minimum allowable by law).
22. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the
Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the
Promoter may use any such marketing and editorial material without further reference or compensation to them.
© 2017 Plexus Services Pty Ltd. Do not reproduce without authority.
23. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial
advice in regards to the tax implications relating to the prize or acceptance of the prize.
24. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.