Terms and Conditions – Competitions & Giveaway’s
1.0 Definitions
1.1 Competition means any promotion, giveaway, draw or contest conducted by the Promoter to which these Terms & Conditions apply.
1.2 Competition Period means the period commencing on the opening date and time and ending on the closing date and time specified in the Promotional Material.
1.3 Eligible Entry means an entry that complies with these Terms & Conditions and any requirements specified in the Promotional Material.
1.4 Entrant means any person who submits an entry into a Competition.
1.5 Immediate Family Member means a spouse, de facto partner, parent, grandparent, child, grandchild, sibling or any person residing at the same residential address as the relevant individual.
1.6 Prize means the item, goods, services, voucher, cash, tickets, experience or other benefit offered in connection with a Competition, as described in the Promotional Material.
1.7 Prize Supplier means any third party that provides, sponsors, fulfils or administers all or part of a Prize.
1.8 Promoter means the person, business, organisation or entity identified in the Promotional Material as conducting the Competition.
1.9 Promotional Material means any advertisement, publication, social media post, website, email, printed material or other communication promoting a Competition and specifying details including, where applicable, the Competition Period, eligibility requirements, entry method, Prize and any special conditions.
1.10 Terms & Conditions means these General Competition Terms & Conditions together with any additional conditions contained in the Promotional Material.
1.11 Valid Entry means an Eligible Entry that has been accepted by the Promoter and has not been disqualified under these Terms & Conditions.
1.12 Winner means an Entrant whose Valid Entry has been selected in accordance with these Terms & Conditions.
1.13 Website means any website operated by or on behalf of the Promoter in connection with the Competition.
2.0 Promoter
2.1 The promoter of each competition ("the Promoter") is the organisation identified in the relevant promotional material. These Terms & Conditions apply in conjunction with the specific details published for each competition.
3.0 Acceptance of Terms
3.1 By entering a competition, entrants agree to be bound by these Terms & Conditions and any specific conditions contained in the promotional material.
4.0 Eligibility
4.1 Entry is open to persons who satisfy the eligibility requirements specified in the promotional material.
4.2 Entrants under the age of 18 must have the consent of a parent or legal guardian unless otherwise stated.
4.3 Employees, officers, directors, contractors, immediate family members and any persons associated with the administration of the competition may be ineligible to enter where specified in the promotional material or required by law.
4.4 Entry is open only to residents of the Australian state(s) where a Promotion is being conducted.
4.5 Any person who is discovered to have used or attempted to use any more than one name in order to enter any Promotion run by the Promoter except in the case of a legal change of name in a promotion is ineligible to enter the Promotion.
4.6 A Promoter may require entrants to promptly provide identification including (without limitation) proof of identity, proof of age and proof of residency (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the entrant’s identity, age, residential address, eligibility to enter, participate and claim a prize. In the event that the entrant fails to produce such proof that entrant will be ineligible for the Promotion.
4.7 The Promoter reserves the right to verify the eligibility of any entrant.
5.0 Competition Period
5.1 The opening and closing dates and times for each competition will be specified in the promotional material. Entries received outside the advertised competition period will not be accepted.
6.0 Entry
6.1 Entries must be submitted in accordance with the instructions contained in the promotional material.
6.2 Unless otherwise stated, entry is free.
6.3 Entries must be submitted by the entrant and must not contain false or misleading information.
6.4 Incomplete, illegible, offensive, automated, fraudulent or otherwise invalid entries will be rejected.
6.5 The Promoter reserves the right to limit the number of entries where specified.
7.0 Prize
7.1 Prize details will be described in the promotional material.
7.2 Prizes are not transferable, exchangeable or redeemable for cash unless otherwise required by law.
7.3 The Promoter reserves the right to substitute a prize with one of equal or greater value where reasonably necessary.
7.4 Any expenses associated with accepting or using the prize that are not expressly included are the responsibility of the winner.
8.0 Winner Selection
8.1 Unless stated otherwise in the promotional material, winners will be randomly selected from all valid entries received during the competition period.
8.2 The Promoter's decision is final and no correspondence will be entered into except where required by law.
8.3 Winners may be required to provide proof of identity, age or eligibility before a prize is awarded.
9.0 Prize Claims
9.1 Winners will be contacted using the details provided with their entry.
9.2 If a winner cannot be contacted, fails to claim the prize within the nominated timeframe, is found to be ineligible or declines the prize, the Promoter may select an alternative winner.
10.0 Prize Conditions
10.1 Where applicable:
- 10.1.1 prizes are subject to the terms and conditions of the relevant supplier;
- 10.1.2 bookings are subject to availability;
- 10.1.3 expiry dates may apply;
- 10.1.4 event dates, travel arrangements and other details may change without notice;
- 10.1.5 the Promoter accepts no responsibility for changes, postponements or cancellations made by third-party suppliers.
11.0 Privacy
11.1 Personal information collected during a competition will be used for administering the competition, verifying eligibility, contacting winners and delivering prizes.
11.2 Personal information may be disclosed to prize suppliers, service providers or regulatory authorities where reasonably necessary to administer the competition or comply with legal obligations.
11.3 Personal information will otherwise be handled in accordance with the applicable privacy policy identified in the promotional material and the Privacy Act 1988 (Cth).
11.4 Unless an entrant has separately consented, personal information will not be used for direct marketing purposes.
12.0 Intellectual Property
12.1 Where an entry includes photographs, videos, written material or other content, the entrant:
- 12.1.1 warrants that they own or have the necessary rights to submit the material;
- 12.1.2 grants the Promoter a perpetual, worldwide, non-exclusive, royalty-free licence to use, reproduce, publish, edit and communicate the material for promotional, editorial and marketing purposes without additional compensation, unless prohibited by law.
13.0 Publicity
13.1 Unless prohibited by law, winners agree to participate in reasonable promotional activities relating to the competition, including the publication of their name, suburb, photographs or interviews.
14.0 Social Media
14.1 Where a competition is conducted through a social media platform, the competition is not sponsored, endorsed, administered by or associated with that platform unless expressly stated. Entrants release the relevant platform from any liability associated with the competition.
15.0 Disqualification
15.1 The Promoter will disqualify any entrant who:
- 15.1.1 breaches these Terms & Conditions;
- 15.1.2 provides false or misleading information;
- 15.1.3 tampers with the entry process;
- 15.1.4 engages in unlawful, fraudulent or inappropriate conduct; or
- 15.1.5 attempts to unfairly influence the outcome of the competition.
16.0 Technical Issues
16.1 The Promoter accepts no responsibility for lost, delayed, incomplete or corrupted entries or for technical failures, internet outages or communication issues beyond its reasonable control.
17.0 Limitation of Liability
17.1 To the maximum extent permitted by law, the Promoter excludes all liability for any loss, damage, injury or expense arising from participation in a competition or acceptance or use of a prize, except where such liability cannot lawfully be excluded, including under the Australian Consumer Law.
18.0 Variation or Cancellation
18.1 The Promoter reserves the right to amend, suspend or cancel a competition where reasonably necessary due to circumstances beyond its control or to comply with applicable laws.
19.0 Governing Law
19.1 These Terms & Conditions are governed by the laws of the State or Territory in which the Promoter is located, unless otherwise specified in the promotional material.
20.0 Additional Conditions
20.1 The promotional material for each competition forms part of these Terms & Conditions. Where there is any inconsistency, the promotional material will prevail to the extent of the inconsistency.