TCL – Win a Trip to Melbourne to The Melbourne Cup Carnival (prize valued at $4,600)
TERMS & CONDITIONS
Promotion TCL Win a Money Can’t Buy Experience to the Melbourne Cup Carnival
Promotion
Promoter The Promoter is TCL Electronics Australia Pty Ltd, (ABN: 83 111 032 896), 797
Springvale Road, Mulgrave, VIC 3170.
Promotion Type Game of skill. Chance plays no part in determining the winner.
Promotion Period Promotion Period commences: 09.00am AEDT on 01/10/2017
Promotion Period concludes: 11.59pm AEDT on 29/10/2017
Eligible Entrants The Promotion is only open to individuals aged 18 years or older who are
residents of Australia, excluding management and employees of the
Promoter, its associated companies/subsidiaries and agencies associated
with this Promotion.
“Employees” means any directors, management, employees,
concessionaires, consultants, officers and contractors or other such people
who perform work under the control of another in exchange for payment.
The Promoter is responsible for determining whether a person is an Eligible
Entrant in its absolute discretion.
How to Participate To submit an entry in the Promotion, an Eligible Entrant must, during the
Promotion Period,
(a) visit www.tclpromotion.com.au using a compatible browser; and
(b) fully complete and submit the online entry form, providing all details
required, including but not limited to:
i. any requested personal information (including but not limited to
their first name, last name, residential address, email address,
mobile phone number, date of birth and gender);
ii. an answer in 25 words or less to the “Promotion Question” – “Why
do you want to win a ‘Money Can’t Buy Experience’ to the
Melbourne Cup Carnival – Kennedy Oaks Day?”; and
iii. indicating their acceptance of these Terms and Conditions,
(“Eligible Entry”).
Each Eligible Entry must be:
(a) original; and
(b) free of any claims, including copyright claims, by other parties.
Each Eligible Entry must not:
(a) be offensive or be likely to cause offence to any person or group of
persons;
(b) infringe the rights (including intellectual property rights) of any person,
whether as a result of being communicated to the public or otherwise;
(c) except for publication as provided for in this Promotion, have
previously been shown to the public or a substantial number of
members of the public; and
(d) in whole or in part, have been submitted as an entry in any other
promotion.
If the same, or substantially the same, Eligible Entry is submitted in more than
one entry, only the first Eligible Entry received will be accepted. If, in the
Promoter’s opinion, two (2) or more entries are the same, or are substantially
the same, the Promoter may, in its absolute discretion, exclude one (1) or
more of the Eligible Entrants who submitted those entries.
Required
Verification
If requested by the Promoter, Eligible Entrants must produce, within the time
requested by the Promoter at its absolute discretion, appropriate photo
identification or other documentation, required by the Promoter to verify their
identity, age, eligibility to participate in the Promotion and claim a prize and
compliance with these Terms and Conditions.
If the items required by the Promoter are not received or an entrant has not
been verified to the satisfaction of the Promoter within the time period
required by the Promoter, the entry submitted by the entrant will be deemed
invalid.
A prize will only be awarded following all validation and verification
requirements of the Promoter being met to its satisfaction.
Judging & Winner
Announcement
Judging will take place at Edge, Level 1, 500 Chapel Street, South Yarra, VIC
3141 (“Judging Location”) by a representative of the Promoter on 30/10/2017
(“Judging”).
Eligible Entries will be individually judged based on originality and creative
merit of the Eligible Entrant’s answer to the Promotion Question. The Eligible
Entrant whose Eligible Entry is deemed the most original and creative during
the Judging by the representative of the Promoter, in their absolute discretion,
will be awarded the prize.
The winner will be notified by email and/or phone on following the Judging on
30/10/2017.
If the winner is unable to be contacted or does not claim the prize by 12 noon
AEDT on 02/11/2017, the Eligible Entrant who submitted the second best
Eligible Entry (as judged by the representative of the Promoter) will be
deemed the winner and will be notified by email and/or phone.
The Promoter takes no responsibility for a winning Eligible Entrant who does not
respond during the designated time frame and consequently forfeits their
prize.
Prize The prize is a “Money Can’t Buy Melbourne Cup Carnival Experience” for the
winner and a nominated companion (companion must be 18 years or older)
valued at up to $4,600 (including GST) depending on the winner’s place of
residence, including:
(a) 2 tickets to the Melbourne Cup Carnival – Kennedy Oaks Day,
including corporate hospitality food and beverage package, valued
at $1,200;
(b) opportunity to be on stage during the presentation of TCL TV Stakes on
Kennedy Oaks Day;
(c) 2 return economy airfares to Melbourne from the winner’s nearest
Australian state/territory capital city, valued at up to $2,000 (unless the
winner resides in Victoria, in which case airfares will not be included in
the prize);
(d) 2 nights’ accommodation in Melbourne (twin share; minimum 4 stars;
establishment selected by the Promoter) valued at up to $1,200;
(e) return transfers from the accommodation establishment to Flemington
racecourse on Kennedy Oaks Day valued at up to $200.
For the avoidance of doubt, if the winner resides in Victoria, flights are not
included in the prize and the winner will be required to make their own way to
and from the accommodation establishment at their own expense to
participate in the prize.
The prize must be taken from 08/11/2017 to 10/11/2017 inclusive. Travel is
subject to availability at all times and maybe dependent on select seat class
with airlines or specific room category availability with accommodation
partners.
The prize does not (except as expressly stated) include:
(a) any transport between a traveller’s residence and the departure
airport (if applicable);
(b) any overnight accommodation while travelling to the departure
airport or destination (if applicable);
(c) any other travel or accommodation,
(d) any incidental hotel charges (such as mini-bar charges, telephone
calls, in house movies, food and beverages);
(e) any insurance (such as travel or health cover); and
(f) any other ancillary costs which may be incurred by those travelling.
All aspects of a Prize (including travel and accommodation) are for two (2)
people travelling together at all times. All components of a prize must be
taken together as a single trip to be booked by the Promoter or the
Promoter’s representatives. The travel itinerary for the prize is to be determined
by the Promoter in its absolute discretion. Frequent flyer points will not form
part of the prize.
The prize must be taken as stated. The prize cannot be exchanged for other
travel, flights or accommodation at other destinations. All components of the
prize must be taken together as a single trip to be booked by the Promoter.
Once the prize is booked, no changes can be made. The prize winner must
hold a valid credit card and present it on check in at the accommodation
establishments to cover any incidental hotel charges.
Participation in the prize, or an element of the prize, is subject to such other
terms and conditions as may be imposed by those involved in providing
goods or services included in the prize (“Third Party Terms”). Prize participants
are responsible for compliance with all applicable Third Party Terms and bear
all risks associated with failure to comply with any of them. They will be
required to maintain an acceptable standard of behaviour while a
participant in the prize. The Promoter assumes no liability (and will provide no
compensation) to a prize winner and/or nominated travel companion who,
as a result of any failure to comply with any Third Party Terms: (a) is unable to
participate in the prize (or any part of it); or (b) suffers any loss or damage.
In the event that for any reason the prize winner or nominated companion
does not take an element of the prize at the time nominated by the Promoter
or prize provider, then that element of the prize will be forfeited by the prize
winner and/or nominated companion and no substitute will be supplied in lieu
of that element of the prize.
The prize cannot be sold, scalped, auctioned, raffled, pledged, or promoted
as an incentive or reward by any third party as an inducement for any person
or other entity to enter into any commercial or other arrangements with that
third party. If the prize is obtained through any of these methods, it will not be
honoured.
All costs associated or arising regarding a prize not provided for in these terms
and conditions are the responsibility of the prize winner.
Entry Limit Eligible Entrants may submit a limit of one (1) entry in the Promotion.
GENERAL CONDITIONS
1. Details above and the following clauses collectively form the terms and conditions of this
Promotion (“Terms and Conditions”).
2. Each entrant is responsible for ensuring his or her familiarity with these Terms and
Conditions at the time of participation. Participation in this Promotion is deemed
acceptance of these Terms and Conditions. The Promoter’s decision not to enforce a
specific restriction (whether communicated to an entrant or not) does not constitute a
waiver of that restriction or of these Terms and Conditions generally.
3. The Promoter’s decision in relation to any aspect of these Term and Conditions and the
Promotion is final and binding on every person who participates. No correspondence will
be entered into.
4. Any values stated in these Terms and Conditions are in AUD/RRP/including GST.
5. Entrants can only participate in the Promotion in their own name. Entrants who enter
using multiple aliases (e.g. multiple names, addresses and/or email addresses) will be
disqualified.
6. All entrants acknowledge that the Promoter can rely on these Terms and Conditions even
if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a
prize to the ineligible person. Payment of the prize value to the Promoter may be required
by the Promoter if this occurs.
7. Incomplete, indecipherable or incorrect entries will be deemed invalid. Entrants are
responsible for ensuring their correct personal details are provided and any updated
details are notified to the Promoter. The Promoter accepts no responsibility should an
entrant fail to receive/claim their prize because of a failure to notify the Promoter of
correct details or of a change to their details, or for providing invalid information.
8. Entries are deemed to be received at the time of receipt into the Promoter’s database,
not time of transmission by the entrant.
9. The Promoter does not warrant that the entry mechanism will be available at all times
during the Promotion Period.
10. The Promoter is not responsible for any undelivered emails due to an entrant’s spam filters
or email settings.
11. The Promoter shall not be liable for a prize (or component of a prize) being lost, deleted,
stolen, damaged or tampered with in any way before it reaches an entrant or after it has
been released to an entrant.
12. Any costs associated with accessing the Promotion or a prize provider’s website, or
associated with redeeming a prize are the entrant’s responsibility and are dependent on
the internet service provider used. Eligible Entrants must submit their entry manually using
a compatible internet browser. The use of any automated software or any other
mechanical or electronic means that allows an entrant to automatically submit entries in
the Promotion repeatedly is prohibited and will render all entries submitted using such
means invalid.
13. The Promoter may, in its sole discretion, declare any entry or entrant invalid if the entrant:
(a) disrupts, annoys, abuses, threatens, harasses or attempts to do any of these
things to the Promoter, another entrant or potential entrant of, or anyone else
associated with, this Promotion;
(b) submits an entry that is not in accordance with these Terms and Conditions or
who tampers with the entry process; or
(c) engages in conduct in relation to this Promotion which is misleading,
deceptive, fraudulent or damaging to the Promoter’s goodwill or reputation.
14. 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, the Promoter reserves the right, in its sole discretion, to the fullest extent
permitted by law to modify, suspend, terminate or cancel the Promotion, as appropriate,
subject to any directions from any relevant authority.
15. As a condition of claiming a prize, the entrant may be required to (at the Promoter’s
discretion) sign any legal documentation as and in the form required by the Promoter
and/or prize suppliers in their absolute discretion.
16. The Promoter may communicate or advertise this Promotion via Facebook. However, the
Promotion is in no way sponsored, endorsed or administered by, or associated with,
Facebook. Entrants are providing their information to the Promoter and not to Facebook.
Each entrant completely releases Facebook from any and all liability.
17. Prizes must be taken as offered and may not be varied. Prizes are not transferable,
exchangeable or redeemable for cash. If a prize (or prize component) is unavailable for
any reason, the Promoter reserves the right to substitute another prize of equal or greater
value for that prize (or prize component).
18. Except for any liability that cannot be excluded by law, the Promoter (including its
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, including, but
not limited to, where arising out of the following: (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 prize value to
that stated in these Terms and Conditions; (e) any tax liability/implications incurred by an
entrant; or (f) use of a prize.
19. The:
(a) Promoter, the Promoter’s related entities and all agencies associated with the
Promotion; and
(b) the employees, agents, directors and contractors, of all entities referred to in
this clause,
shall not be liable for any loss or entry, action, demand, liability, damage, cost, expense
or personal injury whatsoever (including but not limited to any direct, indirect or
consequential loss), incurred, suffered or sustained by any person or entity (without
limitation) in connection with, or arising from, the Promotion or acceptance of a prize,
except that which cannot be excluded by law (in which case that liability is limited to the
maximum extent allowable by law).
20. Each entrant grants the Promoter an irrevocable, worldwide and perpetual licence to
use any content of an entry submitted in the Promotion in any manner and for any
purpose at its absolute discretion, including using the entries for future Promoter’s
promotional, marketing and publicity purposes without any further reference or payment
or other compensation to the entrant. The Promoter is entitled to amend, edit, select,
crop, retouch, add to or delete from any part of any submitted entry.
21. Entrants must, at the Promoter’s request, participate in any Promotion activity (such as
publicity and photography) relating to winning a prize in the Promotion, free of charge,
and they consent to the Promoter using their name and image in any future promotional
material.
22. CAUTION: Any attempt to deliberately undermine the legitimate operation of this
Promotion may be a violation of criminal and civil laws and should such an attempt be
made, whether successful or not, the Promoter reserves the right to refer the matter to
law enforcement authorities and/or to seek damages or such other civil remedies as the
Promoter may determine from time to time to the fullest extent permitted by law.
PERSONAL INFORMATION
23. Immediately upon submission by an entrant, their entry becomes the sole property of the
Promoter.
24. All information entrants provide (“Personal Information”) will be used by the Promoter for
the purpose of administering this Promotion and awarding the prize.
25. The Promoter may disclose entrants’ Personal Information to its contractors and agents to
assist in conducting this Promotion and as required, to Australian regulatory authorities.
OPTING-IN TO HEAR FROM THE PROMOTER
26. Should an entrant consent to receiving future information from the Promoter, via placing
a tick in the ‘opt in’ box featured on the online entry form, information provided by the
entrant may be entered into a database and used by the Promoter, the Promoter’s
related entities and agencies engaged by the Promoter, for the Promoter’s current and
future promotional and marketing purposes without further reference or compensation to
them. Should an entrant who elects to opt in wish to opt out or access or update their
information held by the Promoter at any time, they can contact the Promoter as per
clause 27.
27. The Promoter’s privacy policy can be found at –
The Privacy Policy contains information on:
(a) how an entrant may access the Personal Information that is held by the
Promoter and seek correction of such information; and
(b) how an entrant may complain about a breach of the Australian Privacy
Principles, or a registered privacy code that binds the Promoter, and how the
Promoter will deal with such a complaint.
If an entrant has any questions regarding their privacy, they should contact the Promoter
using the contact details contained in this Privacy Policy.
28. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988.
TERMS & CONDITIONS
Promotion TCL Spring Carnival Value Back Promotion
Promoter The Promoter is TCL Electronics Australia Pty Ltd, (ABN: 83 111 032 896), 797
Springvale Road, Mulgrave, VIC 3170.
Promotion Type Gift with purchase via online claim.
Purchase Period Purchase Period commences: 09.00am AEDT on 01/10/2017
Purchase Period concludes: 11.59pm AEDT on 12/11/2017
Claim Period Claim Period commences: 09.00am AEDT on 01/10/2017
Claims must be submitted within 21 calendar days from the date of Qualifying
Purchase.
Participating
Retailers (In-store &
Online)
Retailers participating in the Promotion are Harvey Norman, Domayne, Joyce
Mayne, The Good Guys, Betta Home Living, Binglee, Bi-rite Electrical, Radio
Rental, Retravision, RTE, Wining Appliance, 2nd World and any other
participating TCL retailers (in-store and online) throughout Australia.
Participating Retailers will display Promotion materials.
If in doubt, a claimant may ask a retailer whether or not they are participating
in the Promotion.
Eligible Claimants The Promotion is only open to individuals aged 18 years or older who are
residents of Australia, excluding management and employees of the
Promoter, its associated companies/subsidiaries, Participating Retailers and
agencies associated with this Promotion.
“Employees” means any directors, management, employees,
concessionaires, consultants, officers and contractors or other such people
who perform work under the control of another in exchange for payment.
The Promoter is responsible for determining whether a person is an Eligible
Claimant in its absolute discretion.
How to Participate To participate in the Promotion and claim a Gift, an Eligible Claimant must:
(a) during the Purchase Period, purchase* any Participating Product from
a Participating Retailer (“Qualifying Purchase”);
(b) collect and retain a copy of their purchase receipt from their
Qualifying Purchase; and
(c) within 21 calendar days of the date of Qualifying Purchase, visit
www.tclpromotion.com.au using a compatible browser and fully
complete and submit the online claim form, providing all details
required, including but not limited to:
i. any requested personal information (including but not limited
to their first name, last name, residential address, email
address, mobile phone number, date of birth and gender);
ii. uploading a copy of the purchase receipt from their Qualifying
Purchase (“Qualifying Purchase Receipt”) in an accepted file
size/format; and
iii. indicating their acceptance of these Terms and Conditions.
*”Purchase” means to make payment in full for a Participating Product during
the Purchase Period from a Participating Retailer (in-store or online). An
Eligible Claimant can submit a claim corresponding to a fully paid pre-order
or purchase of an out-of-stock Participating Product made during the
Purchase Period before the Eligible Claimant has received the Participating
Product.
“Purchase” does not mean:
(a) rental payment plans with a term of less than 18 months;
(b) lay-buys or pre-orders made before the commencement of the
Purchase Period;
(c) commercial or business transactions involving the purchase of more
than three (3) units total of Participating Products;
(d) purchases via eBay or similar online third-party internet websites;
(e) second hand products; or
(f) purchases made in conjunction with any other TCL offer.
Participating
Products
Participating Products are any of the following TCL television models:
55X2US
55C2US
49C2US
60P20US
55P20US
50P20US
65X2US
75C2US
70C2US
65C2US
65P20US
Required
Verification/Proof
of Purchase
The following documentation must form part of a valid online claim:
Qualifying Purchase Receipt
The Qualifying Purchase Receipt provided must clearly specify:
the Participating Product purchased;
the price of the Participating Product purchased;
the Participating Retailer of purchase;
the purchase date;
the receipt number; and
that payment for the Qualifying Purchase has been received in full
or proof of valid rental agreement.
If the Qualifying Purchase Receipt is missing any of the above information or is
illegible or indecipherable it will render the claim invalid.
If requested by the Promoter, Eligible Claimants must produce, within the time
requested by the Promoter at its absolute discretion, appropriate photo
identification or other documentation, required by the Promoter to verify their
identity, age, eligibility to participate in the Promotion and claim a Gift and
compliance with these Terms and Conditions, and/or their Qualifying
Purchase receipt/s that corresponds to the claim/s they have submitted in the
Promotion.
If the items required by the Promoter are not received or a claimant has not
been verified to the satisfaction of the Promoter within the time period
required by the Promoter, the claim/s submitted by the claimant will be
deemed invalid.
Gifts will only be awarded following all validation and verification
requirements of the Promoter being met to its satisfaction.
It is the responsibility of the claimant to provide the required information.
Validation &
Notification
All claims submitted in the Promotion will be reviewed by a representative of
the Promoter (“Validation”).
Claimants must allow five (5) business days for Validation to be completed.
If a claim is deemed valid, the Eligible Claimant will receive their Gift via mail
to their residential address (provided on the online claim form) within four (4)
weeks from Validation.
If a claim is deemed invalid, the Eligible Claimant will receive an email
notifying them that their claim is invalid, reasons why (such as but not limited
to the purchase receipt provided being unclear) and, if applicable, next
steps. The Eligible Claimant will have five (5) business days from the date of
the notification email to provide the requested information to the Promoter,
unless expressly stated otherwise in the notification email. The Promoter
reserves the right to deem any claim submitted invalid if an Eligible Claimant
fails to provide the required information within the time specified.
Gift Each gift is an eftpos gift card of the relevant value corresponding to their
Participating Product purchased, as follows:
(a) $150 eftpos gift card for models – 65X2US, 75C2US, 70C2US, 65C2US,
65P20US; or
(b) $70 eftpos gift card for models – 55X2US, 55C2US, 49C2US, 60P20US,
55P20US, 50P20US
eftpos gift cards must be activated online at www.activateacard.com.au/TCL
within two (2) months from the date on the letter provided with the eftpos gift
card, otherwise the eftpos gift card will be forfeited.
eftpos gift cards are valid for six (6) months from the date of activation or
when the entire value has been exhausted, whichever occurs first. At expiry,
any remaining available balance will be forfeited.
eftpos gift cards are subject to the terms and conditions of the issuer.
Claimants should refer to the letter accompanying their eftpos gift cards for
details or the following website for full terms of use –
www.activateacard.com.au/TCL
Claim Limit Eligible Claimants may submit a limit of one (1) Gift claim per Participating
Product purchased in a Qualifying Purchase and a maximum of four (4)
claims per person in the Promotion.
GENERAL CONDITIONS
29. Details above and the following clauses collectively form the terms and conditions of this
Promotion (“Terms and Conditions”).
30. Each claimant is responsible for ensuring his or her familiarity with these Terms and
Conditions at the time of participation. Participation in this Promotion is deemed
acceptance of these Terms and Conditions. The Promoter’s decision not to enforce a
specific restriction (whether communicated to a claimant or not) does not constitute a
waiver of that restriction or of these Terms and Conditions generally.
31. The Promoter’s decision in relation to any aspect of these Term and Conditions and the
Promotion is final and binding on every person who participates. No correspondence will
be entered into.
32. This Promotion is not valid in conjunction with any other offer.
33. Any values stated in these Terms and Conditions are in AUD/RRP/including GST.
34. The Promotion may be extended at the Promoter’s absolute discretion.
35. Claimants can only participate in the Promotion in their own name. Claimants who enter
using multiple aliases (e.g. multiple names, addresses and/or email addresses) will be
disqualified.
36. All claimants acknowledge that the Promoter can rely on these Terms and Conditions
even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded
a Gift to the ineligible person. Payment of the Gift value to the Promoter may be required
by the Promoter if this occurs.
37. Incomplete, indecipherable or incorrect claims will be deemed invalid. Claimants are
responsible for ensuring their correct personal details are provided and any updated
details are notified to the Promoter. The Promoter accepts no responsibility should an
Eligible Claimant fail to receive their Gift because of a failure to notify the Promoter of
correct details or of a change to their details, or for providing invalid information.
38. Claims are deemed to be received at the time of receipt into the Promoter’s database,
not time of transmission by the claimant.
39. The Promoter does not warrant that the claim mechanism will be available, or the
Participating Retailers will be open, at all times during the Promotion Period.
40. The Promoter is not responsible for any undelivered emails due to a claimant’s spam filters
or email settings.
41. The Promoter shall not be liable for a Gift being lost, deleted, stolen, damaged or
tampered with in any way before it reaches a claimant or after it has been released to a
claimant.
42. Any costs associated with accessing the Promotion or Gift provider’s website, or
associated with redeeming a Gift are the claimant’s responsibility and are dependent on
the internet service provider used. Eligible Claimants must submit their claim manually
using a compatible internet browser. The use of any automated software or any other
mechanical or electronic means that allows a claimant to automatically submit claims in
the Promotion repeatedly is prohibited and will render all claims submitted using such
means invalid.
43. The Promoter may, in its sole discretion, declare any claim or claimant invalid if the
claimant:
(d) disrupts, annoys, abuses, threatens, harasses or attempts to do any of these
things to the Promoter, another claimant or potential claimant of, or anyone
else associated with, this Promotion;
(e) submits a claim that is not in accordance with these Terms and Conditions or
who tampers with the claim process; or
(f) engages in conduct in relation to this Promotion which is misleading,
deceptive, fraudulent or damaging to the Promoter’s goodwill or reputation.
44. 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, the Promoter reserves the right, in its sole discretion, to the fullest extent
permitted by law to modify, suspend, terminate or cancel the Promotion, as appropriate,
subject to any directions from any relevant authority.
45. As a condition of claiming a Gift, the claimant may be required to (at the Promoter’s
discretion) sign any legal documentation as and in the form required by the Promoter
and/or Gift suppliers in their absolute discretion.
46. The Promoter may communicate or advertise this Promotion via Facebook. However, the
Promotion is in no way sponsored, endorsed or administered by, or associated with,
Facebook. Claimants are providing their information to the Promoter and not to
Facebook. Each claimant completely releases Facebook from any and all liability.
47. Gifts must be taken as offered and may not be varied. Gifts are not transferable,
exchangeable or redeemable for cash. If a Gift is unavailable for any reason, the
Promoter reserves the right to substitute another gift of equal or greater value for that
Gift, or element of it, subject to the approval of any relevant authority.
48. Except for any liability that cannot be excluded by law, the Promoter (including its
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, including, but
not limited to, where arising out of the following: (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 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 Gift value to
that stated in these Terms and Conditions; (e) any tax liability/implications incurred by a
claimant; or (f) use of a Gift.
49. The:
(c) Promoter, the Promoter’s related entities, the Participating Retailers and all
agencies associated with the Promotion; and
(d) the employees, agents, directors and contractors, of all entities referred to in
this clause,
shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense
or personal injury whatsoever (including but not limited to any direct, indirect or
consequential loss), incurred, suffered or sustained by any person or entity (without
limitation) in connection with, or arising from, the Promotion or acceptance of a Gift,
except that which cannot be excluded by law (in which case that liability is limited to the
maximum extent allowable by law).
50. Claimants must, at the Promoter’s request, participate in any Promotion activity (such as
publicity and photography) relating to participating in the Promotion, free of charge,
and they consent to the Promoter using their name and image in any future promotional
material.
51. CAUTION: Any attempt to deliberately undermine the legitimate operation of this
Promotion may be a violation of criminal and civil laws and should such an attempt be
made, whether successful or not, the Promoter reserves the right to refer the matter to
law enforcement authorities and/or to seek damages or such other civil remedies as the
Promoter may determine from time to time to the fullest extent permitted by law.
PERSONAL INFORMATION
52. Immediately upon submission by a claimant, their claim becomes the sole property of the
Promoter.
53. All information claimants provide (“Personal Information”) will be used by the Promoter for
the purpose of administering this Promotion and awarding Gifts.
54. The Promoter may disclose claimants’ Personal Information to its contractors and agents
to assist in conducting this Promotion and as required, to Australian regulatory authorities.
OPTING-IN TO HEAR FROM THE PROMOTER
55. Should a claimant consent to receiving future information from the Promoter, via placing
a tick in the ‘opt in’ box featured on the Promotion claim site, information provided by
the claimant may be entered into a database and used by the Promoter, the Promoter’s
related entities and agencies engaged by the Promoter, for the Promoter’s current and
future promotional and marketing purposes without further reference or compensation to
them. Should a claimant who elects to opt in wish to opt out or access or update their
information held by the Promoter at any time, they can contact the Promoter as per
clause 28.
56. The Promoter’s privacy policy can be found at –
The Privacy Policy contains information on:
(c) how a claimant may access the Personal Information that is held by the
Promoter and seek correction of such information; and
(d) how a claimant may complain about a breach of the Australian Privacy
Principles, or a registered privacy code that binds the Promoter, and how the
Promoter will deal with such a complaint.
If a claimant has any questions regarding their privacy, they should contact the Promoter
using the contact details contained in this Privacy Policy.
57. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988.
