SHOP A DOCKET
TERMS & CONDITIONS
- Thank you for using Shop A Docket’s website at www.shopadocket.com.au ("Website"), mobile application ("Application") and our products and services available via the Website and Application from time to time ("Services"). The Website and Application are owned and operated by Shop A Docket Pty Limited ABN 32 145 906 403 (“we”, “our”, “us” or “Shop A Docket”).
- Information about how to join and use the Website, Application and Services, along with the Application Game terms contained at Appendix A, form part of these terms and conditions ("Terms"). By accessing or using the Website, Application or Services, you agree to be bound by these Terms.
- Your access to and use of the Website, Application and/or Services is conditional upon your agreement to and acceptance of these Terms and any other policies or terms made available to you on the Website, Application or otherwise via the Services. Each time you use the Website, Application or Services, you agree to be bound by these Terms and any such additional policies or terms. If you do not wish to be bound by these Terms, do not use the Website, Application or Services.
- We may modify the Terms at any time, and such modification will be effective as soon as it is posted on Website and/or Application. By continuing to use the Website, Application or Services, you agree to be bound by the Terms as modified. Since you are bound by these Terms each time you use the Website, Application or Services, you should check these Terms for any revisions each time you use the Website, Application or Services and wherever prompted to do so.
- We reserve the right to change the Website, Application or Services in any way without notice to you. Even if you have registered an account, your ability to access and use the Website, Application or Services may be terminated at any time without notice to you. If you do not agree to these Terms, you must immediately cease using the Website, Application or Services and, if you are using the Application, delete the Application from your device.
- We may use third party suppliers and technology providers to operate and provide parts of our Website, Application or Services.
- Any costs associated with downloading, installing, accessing and using the Website, Application or Services remain your responsibility and are dependent on the service provider used.
- Shop A Docket makes no representation that the Website, Application or Services (or any element of thereof) is appropriate or available for use in all locations.
- If you are the driver of a vehicle (or other form of transport), you must not use the Website and/or Application while the vehicle (or other form of transport) is moving or is stationary but not lawfully parked. You may only use the Website and/or Application when the vehicle is lawfully parked. You must comply with all applicable road rules and regulations before and while using the Website, Application or Services. In the interests of safety at all other times, Shop A Docket recommends that you only use the Website, Application or Services when it is lawful and safe to do so.
USE OF WEBSITE AND APPLICATION
- You agree not to misuse the Website, Application or Services and to only access the Website, Application or Services using the interface and instructions provided. Our Website, Application and Services are provided for your own personal use. They must not be used for any commercial purposes whatsoever or for any illegal or unauthorised purpose. When you use our Website, Application or Services, you must comply with all applicable laws.
- You may not decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the Website or Application to a human perceivable form; distribute or republish any element of the Website or Application in any way; resell, rent, lease or lend any element of the Website or Application; defeat, disable or circumvent any security feature of the Website or Application; or transfer any element of the Website or Application to any third party.
- You must not engage in crawling, scraping, caching or otherwise accessing any content on the Website or Application via automated means, except with Shop A Docket’s written consent.
- You are solely responsible for your interactions with other users of the Website, Application or Services. You agree that Shop A Docket is not responsible for the conduct of any user.
- Nothing in these Terms is intended nor does create a partnership, agency, employment or fiduciary relationship between Shop A Docket and any user.
- Subject to your compliance with these Terms, you are granted a limited, non-exclusive, revocable and non-transferrable licence to access and use the Website, Application and Services (as applicable) in the manner anticipated in these Terms. You are responsible for ensuring that your computer system or mobile device (as applicable) is compatible with Website and/or Application and meets all relevant technical specifications necessary to obtain the benefit of the Website and/or Application.
- The Website and/or Application may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. By using any social media applications or features, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You also acknowledge and consent to Shop A Docket accessing information you may have shared with the particular social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted via the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on the Website and/or Application. Shop A Docket is in no way sponsored, endorsed or administered by, or associated with, any social media platform.
- You may need to be a registered Shop A Docket member ("Member") in order to use or access some parts of our Website, Application or Services. In order to become a registered Shop A Docket Member, you must register an account in the manner required and as set out in these Terms.
- Shop A Docket reserves the right to refuse or cancel registration of an account for any reason in its sole discretion. Any decision of Shop A Docket is final and no correspondence will be entered into.
- You agree that the membership details and all information you provide when completing the registration form is accurate and complete. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times.
- You may never use another’s account without their permission. You are responsible for maintaining the strict confidentiality of your account and for any activity under your account. You must immediately notify Shop A Docket of any unauthorised access to your account or other breach of security. It is your sole responsibility to control access to and use of your Account and to notify Shop A Docket when you desire to cancel your account. Shop A Docket will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
- Shop A Docket retains the right and absolute discretion to terminate your account and/or access to the Website, Application or Services (or any element thereof) if it believes that you are abusing or tampering with the Website, Application or Services (or any element thereof) in any way, that you have breached these Terms, or that you have engaged in any unlawful or other misconduct calculated to jeopardise the proper administration of the Website, Application or Services (or any element thereof). Shop A Docket’s legal rights to recover damages or other compensation from such an offender are reserved.
- The use of any automated software or any other mechanical or electronic means allowing a user to create accounts is prohibited. Shop A Docket reserves the right to suspend or terminate your account if it believes you are engaging in such activity.
- If you elect to use our Website, Application or Services at work or use a workplace email address for your registration, you are responsible for ensuring that such use complies with any rules, policies or protocols which apply to the use of the Internet in your workplace.
PROMOTIONS AND INFORMATION ON OUR WEBSITE & APPLICATION
- 25. Shop a Docket is a promotional aggregator and advertiser that provides users with access to coupons, offers and discounts on products and services offered by third party vendors ("Partners") as well as our own goods and services. Offers include:
- Coupons and offers from our Partners;
- Rewards offers from us and our Partners; and
- Competitions and games,
(each an "Offer" and together "Offers").
- While we endeavour to update information that is on our Website and Application on a timely basis, we shall not be liable for any delays in the update of Offers advertised.
- We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons, Offers or other promotions or other materials contained on, distributed through, linked, downloaded or accessed from our Website and/or Application where they originate from our Partners and not from Shop A Docket directly.
- We communicate Offers provided to us by our Partners and have no control over, and make no representation about the accuracy of Offers from our Partners including their currency, content (including price and availability), quality, copyright compliance or legality. Offers are subject to their prevailing terms and conditions.
- Offers are open to residents of Australia only, unless otherwise expressly stated.
- Any reference, search result, information or hyperlink ("Advertisement") Shop A Docket makes available or gives about a Partner’s Offer, its trademarks, products, promotions or services does not indicate, expressly or impliedly, Shop A Docket’s endorsement, sponsorship or recommendation of that Partner, the Offer, or of the quality of any product or service obtained by you from the Partner as a result of that Advertisement.
- In the event of any inconsistency between these Terms and the prevailing terms and conditions for a particular Offer, the prevailing Terms and Conditions of the particular Offer shall prevail.
COMPETITIONS AND GAMES
- Shop A Docket may include areas on the Website or Application where users may participate in competitions, promotions and/or games (Competitions), including the Play & Win or similar game available via the Application. All Competitions are subject to their prevailing terms and conditions (including, in relation to the Application Play & Win Game, additional conditions included at Appendix A) and applicable laws and you agree to be bound by the applicable Competition terms and conditions and any other rules specified from time to time.
- Shop A Docket’s decisions in relation to all Competitions are final and no correspondence will be entered into.
THIRD PARTY SITES AND TRANSACTIONS
- By clicking on the advertising banners, sponsor links or other external links from the Website and/or Application, your browser may automatically direct you to a browser window that is not hosted or controlled by Shop A Docket. Links to external websites are provided within the content of the Website and/or the Application as a convenience to users.
- External links do not indicate, expressly or impliedly, that we endorse these sites or the products or services offered on them and Shop A Docket makes no representation regarding the availability, content and performance of any website to which we provide links.
- Shop A Docket is not responsible for the content of any linked sites, whether or not Shop A Docket is affiliated with them. To the extent that these linked sites collect personal information or contributions from you, Shop A Docket shall bear no responsibility or liability for the manner in which such personal information or contributions are collected, used or exploited.
- Shop A Docket may monetise some links to third party websites through the use of third party affiliate or other negotiated commercial programs. Notwithstanding such programs, Shop A Docket has no influence or control over such linked sites.
- You access external sites and use products or services offered on those sites at your own risk.
- Any correspondence, business dealing, participation in a promotion or other contact with a third party, initiated through the Website, Application or Services is between you and that third party and excludes Shop A Docket. This includes payment and delivery of goods and services and any other term, condition, warranties or representation associated with such dealings.
- To the extent permitted by law, you assume all risks arising out of, or resulting from, a transaction with a third party and agree that Shop A Docket is not liable for any loss or damage you suffer.
- You agree to indemnify, and must defend and hold harmless, Shop A Docket and its related bodies corporate, personnel, servants and agent, from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with any of the following (including as a result of your direct activities on the Website or Application):
- your access to the Website, Application and/or Services;
- your breach of these Terms or any of the warranties or covenants given or made by you;
- any claim by any third party arising directly or indirectly from you breach of any of the provisions of these Terms;
- any claim or allegation that any content you upload infringes a third party’s rights, including intellectual property rights.
- your violation of any applicable laws, rules or regulations; and
- any misrepresentation made by you.
- This entire clause does not apply to any Consumer Guarantee under the Australian Consumer Law and does not apply to any liability of Shop A Docket’s for failure to comply with a Consumer Guarantee under the Australian Consumer Law. Whilst Shop A Docket endeavours to take all reasonable steps to ensure that the Website, Application and Services operate as expected, the Website, Application and Services and their entire contents are provided on an "as is" and "as available" basis without any warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. Shop A Docket disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose. Shop A Docket does not make any guarantees and does not provide any undertaking that the Website, Application and Services will be available at all times or that they will be error free, reliable or secure or free from viruses or other harmful components or that any defects will be corrected. You agree that you use the Website, Application and Services at your own risk and that Shop A Docket disclaims any and all responsibility for any damage or loss that you may suffer or incur as a result of using the Website, Application or Services, whether they are direct or consequential (including loss of profits, loss of business revenue or loss of goodwill). This includes any loss that results from any interference, malfunction, delays, failures or damage that occurs to your device or that results from accessing, installing, updating or using the Website, Application or Services. You assume total responsibility for your use of the Website, Application and Services, including compliance with all applicable road rules and regulations. Subject to the Consumer Guarantees, your sole remedy against Shop A Docket for dissatisfaction with the Website, Application or Services or any content is to stop using the Website, Application or Services or such content. This limitation of relief is a part of the bargain between the parties.
- If the supply of any goods or services by Shop A Docket constitutes a supply of goods and/or services to a Consumer then subject to the limitation to this clause below and unless the goods and/or services are Consumer Goods or Consumer Services, Shop A Docket’s and its affiliates' and related entities', its servants', employees' and agents' liability for any breach of these Terms, including any liability for any losses or consequential losses which you may suffer or incur because of a failure to comply with a Consumer Guarantee will be limited as Shop a Docket may elect in its sole discretion, in the case of services supplied or offered by Shop A Docket, to either (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again or, in the case of goods supplied or offered by Shop A Docket, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired. This clause does not apply if it is not Fair or Reasonable for Shop A Docket to rely on it.
In these Terms:
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Consumer has the same meaning as given in section 3 of the Australian Consumer Law;
Consumer Goods means 'goods of a kind ordinarily acquired for personal, household or domestic use or consumption', as that expression is used in section 3 of the Australian Consumer Law;
Consumer Guarantee means a Consumer Guarantee applicable to these Terms under the Australian Consumer Law, including any Express Warranty;
Consumer Services means 'services of a kind ordinarily acquired for personal, household or domestic use or consumption', as that expression is used in section 3 of the Australian Consumer Law;
Express Warranty has the same meaning as given in section 2(1) of the Australian Consumer Law;
Fair or Reasonable means 'fair or reasonable' for the purposes of section 64A of the Australian Consumer Law.
- Shop A Docket reserves the right to monitor the Website, Application and Services generally and all account activity. If your account shows signs of fraud, abuse or suspicious activity, Shop A Docket may close or freeze the account immediately. Shop A Docket retains the right and absolute discretion to suspend or terminate your account, and/or access to the Website, Application and Services generally without notice if Shop A Docket believes you have abused any privilege accorded to you as a user, supplied misleading information or made any misrepresentations to Shop A Docket in connection with the Website, Application or Services, tampered with the Website, Application or Services in any way, breached these Terms, or engaged in any unlawful or other improper misconduct calculated to jeopardise the proper administration of the Website, Application or Services. In the event of termination or suspension of your account in accordance with these Terms, you will have no further access to your account for the duration of the suspension or at all in the event of termination. Shop A Docket’s legal rights to recover damages or other compensation from you are reserved.
- The Website, Application and all associated materials owned, developed or licensed by Shop A Docket and made available via the Website, Application or Services ("Shop A Docket Materials") are protected by all applicable laws including copyright and trade mark laws unless otherwise specifically noted and may not be used except as permitted in these Terms. Nothing in these Terms will be taken to constitute a transfer, assignment or grant of any ownership rights in any intellectual property rights in the Shop A Docket Materials to any user.
- All right, title and interest in all intellectual property rights in all of Shop A Docket’s brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on the Website, Application or Services (the "Brand Features") are the property of Shop A Docket and will remain or be vested in Shop A Docket at all times. Your use of the Website, Application or Services will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features or the Website, Application or Services. Shop A Docket, on a case by case basis and to the extent required, grants to you a limited, non-exclusive licence to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the Website, Application and/or Services.
- The Shop A Docket company name, design marks, branding, logos and slogans are trademarks and service marks of Shop A Docket.
- Our Website and Application displays some content and other Partner brands, logos and images that is not the property of Shop A Docket. This content is the sole responsibility of the Partner that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. Nothing in these Terms will be taken to constitute a transfer, assignment or grant of any ownership rights in any intellectual property rights in such Partner content to any user.
- You may not use content from our Website and/or Application unless you obtain permission from its owner or are otherwise permitted by law.
- Shop A Docket may provide areas on the Website, Application or otherwise via its Services where users are able to upload content or other material. You agree that Shop a Docket is not responsible for and does not endorse any content posted by users of the Website, Application or Services. Shop A Docket does not have any obligation to pre-moderate, monitor, edit or remove any such content. If your content violates these Terms, you bear legal responsibility for that content.
- You hereby grant to Shop A Docket (and its agents and service providers) a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use, host, reproduce, modify and creative derivative works of any content you upload to the Website, Application or otherwise using the Services for the purpose of operating, promoting and improving the Website, Application and/or Services and marketing and promoting Shop a Docket and its products and services) or any Partner in any manner, without further notification to or consent of you or any compensation payable to you. Such licence continues even if you stop using the Services.
- You warrant, represent and covenant that any content you upload to the Website, Application or otherwise using the Services will not contain anything that:
- is illegal or contrary to any laws, applicable industry code or the requirements or directions or relevant regulators;
- is copied or adapted either wholly or substantially from any other work or material;
- is indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive or objectionable or contains, depicts or alludes to or promotes aggressive, unruly, antisocial, lewd or illegal behaviour or sexually suggestive imagery;
- parodies, disparages or makes fun of Shop A Docket or its products of services or Shop A Docket generally in any way;
- solicits passwords or personal information for commercial or unlawful purposes or from any person under the age of 18 or provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated materials;
- contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
- contain any misrepresentation or suggestion that you or any entity has the approval or sponsorship of any other entity which you or it does not have;
- is an opinion or view not genuinely held by you;
- advertises or offers to sell of buy any goods or services for any business purpose that is not specifically authorised by Shop A Docket;
- contains any viruses of computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or equipment;
- involves the transmission of junk mail, chain letters, unsolicited mass mailing or spam;
- infringes the privacy rights, contract rights or other rights (including intellectual property rights) of any person, corporation or entity; or
- in respect of receipts submitted via the Application, has been knowingly tampered with or is non-eligible under Appendix B.
- These Terms are governed by and are to be construed in accordance with the laws of the State of New South Wales, Australia and the parties submit to the jurisdiction of the courts of New South Wales, Australia and any courts competent to hear appeals from those courts.
- If the Website, Application or Services are not capable of running as planned for any reason beyond the reasonable control of Shop A Docket, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Website, Application or Services, or if any social media platform or third party software provider alters its terms of service, access or permission in such a way that affects the Website, Application or Service, Shop A Docket reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the Website, Application and/or Services.
- If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down and amended so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.
- You may contact us via:
Mail: PO Box 6969, Upper Gravatt QLD 4122 Telephone: (07) 3115 5700 Email: email@example.com
APPENDIX A – APPLICATION GAME TERMS
SHOP A DOCKET PLAY AND WIN BLANKET PROMOTION
TERMS AND CONDITIONS
- Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
- The Promoter is Shop A Docket Pty Ltd, Unit 2b, The Lakes business Park, 2 Lord Street, Botany, NSW, 2019 (ABN 32 145 906 403). Email firstname.lastname@example.org Telephone: 1800 77 77 63.
- Entry is only open to Australian residents aged 18 years or over with a compatible mobile device.
- Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption).
- Promotion opens at 00.01am on 2 May 2017 and final entries close at 11.59 on 31 May 2017 (“Promotional Period”). All times are AEST or AEDST, as applicable in NSW.
- To be eligible to enter, an eligible individual must complete the following steps during the Promotional Period:
- Download and install the ‘Shop A Docket’ mobile Application (the “App”). The App is a free mobile application available for download from the Apple App Store (Apple devices) or Google Play (Android devices); and then
- Open the App and register their details.
- Once they have registered, an entrant can undertake one (1) or more of following steps, by following the prompts within the App, in order to receive a ‘star’ for the chance to win an instant prize:
- When an entrant opens the App they will be allocated between two (2) to five (5) stars. Limit of two (2) to five (5) stars per day for opening the App, as determined by the Promoter in its absolute discretion;
- An entrant can message a friend via the app. The friend will receive the message and a unique link. If the friend chooses to download the App and registers their details using the link, the entrant will be allocated between two (2) and ten (10) stars, as determined by the Promoter in its absolute discretion. If the friend chooses not to download the App and register their details, their details will not be collected or held by the App or the Promoter. Entrants should only message friends who have consented to receiving messages of this nature from them;
- When an entrant updates their profile they will be allocated between two (2) and ten (10) stars, as determined by the Promoter in its absolute discretion;
- When an entrant uses an offer of the Promoter’s they will be allocated between two (2) and five (5) stars, as determined by the Promoter in its absolute discretion; or
Once they receive a star, to use a star, the entrant must follow the steps outlined within the App. Entrants will be notified instantly on screen, once they have used their star, whether or not they have won an instant prize in respect of that spin.
- Instant win prizes to be won are as follows:
- 5 x Kmart eGift Card valued at $50 each;
- 5 x Target eGift Card valued at $50 each;
- 5 x Big W eGift Card valued at $50 each;
- 5 x Caltex Woolworths eGift Card valued at $50 each;
- 5 x Woolworths eGift Card valued at $50 each;
- 20 x Woolworths eGift Card valued at $20 each;
- 15 x Big W eGift Card valued at $20 each;
- 10 x Myer eGift Card valued at $20 each;
- 10 x Rebel eGift Card valued at $20 each;
- 10 x Wish eGift Card valued at $20 each;
- 10 x BCF eGift Card valued at $20 each;
- 10 x JB Hi-Fi eGift Card valued at $20 each;
Gift Cards will be distributed via email to instant winners within 28 days.
- The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any entrant who the Promoter has reason to believe has breached any of Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
- If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
- The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the promotion result or any other decisions the Promoter makes in connection with the promotion.
- Any ancillary costs associated with redeeming a gift card are not included. Any unused balance of a gift card will not be awarded as cash. Redemption of a gift card is subject to any terms and conditions of the issuer including those specified on the gift card.
- Unified Incentives Pty Ltd is the issuer of the eGift Cards but is not the Promoter and is therefore not responsible for the prizes, products, or services under the promotion or the fulfilment of these Terms and Conditions. Unified Incentives Pty Ltd is responsible for the fulfilment of the terms and conditions of the eGift Cards. eGift Cards are redeemable at participating stores only. Participating stores may change from time to time. eGift Card terms and conditions apply. See each eGift Card for full terms and conditions and for a list of participating stores.
- Subject to the unclaimed prize draw clause, if for any reason a winner does not take or claim a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
- If a prize (or part of a prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
- The total prize pool value is $3,000.
- Prize/s, or any unused portion of a prize, are/is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
- Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
- 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, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to the instructions of any regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
- Any cost associated with accessing and using the App is the entrant’s responsibility and is dependent on the Internet service provider used.
- Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Any unclaimed instant win prizes over $50 that are part of the advertised total prize pool will be awarded in the unclaimed prize draw. Instant win game materials void if stolen, forged, mutilated or tampered with in any way.
- Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) exclude 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.
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) are not responsible for and exclude 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: (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 or prize 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 incurred by a winner or entrant; or (f) use of a prize.
NSW Permit No. LTPM/16/01204
FOR LOTTERY DEPARTMENT’S REFERENCE
First potential commencement date: 21 March 2017
Last potential closing date: 1 May 2017
Last potential draw date: 20 August 2017
Last potential publication date: 21 August 2017
Last potential unclaimed prize draw date: 20 November 2017
Last potential unclaimed prize publication date: 21 November 2017
- No individual prize will exceed $1000
- The total prize pool is capped at $100,000
- No prohibited prizes will be given away