Win 1 of 12 Shopping Giftcards EvaKare

1. Information on how to enter and prize details form part of these terms & conditions (Terms of
entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the
terminology used in these Terms of entry. Where there is any inconsistency between these
Terms and the Schedule, the Schedule prevails. Participation in this Promotion is deemed
acceptance of these Terms of entry.
2. Entry is open only to legal residents of the Eligible States/Territories who satisfy the Method of
entry. Directors, officers, management, employees, suppliers (including prize suppliers) and
contractors (and the immediate families of directors, officers, management, employees, suppliers
and contractors) of the Promoter and of its related bodies corporate, and of the agencies and
companies associated with this Promotion are ineligible to enter. Immediate family means any of
the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent,
step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, step-sister or first cousin.
3. The Promotion will be conducted during the Promotion period.
4. The Prize/s are specified in the Details of prizes section of the Schedule.
5. The total prize pool is specified in the Total prize value section of the Schedule.
6. Any prize is valued in Australian dollars unless expressly stated to the contrary.
7. All vouchers are valid until the expiry date stated on the voucher or by the provider of the
voucher.
8. Entrants agree to comply with any conditions which accompany the Voucher.
9. Neither the Promoter nor the voucher provider is liable for any voucher that has been stolen,
forged, lost, damaged or tampered with in any way.
10. Entrants are advised that tax implications may arise from their prize winnings and they should
seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no
responsibility for any tax implications that may arise from accepting a prize. Entrants are
responsible for any and all expenses that they incur in entering the competition and they will not
be reimbursed regardless of whether or not they win the competition.
11. The entrants must follow the Method of entry during the Promotion period to enter the Promotion.
Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry
is deemed invalid.
12. The time of entry will be deemed to be the time the entry is received by the Promoter.
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13. Entrants may submit up to the Maximum number of entries (if applicable).
14. The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly
submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to
omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication
network or medium, or otherwise including those entries not received by the Promoter for any
reason. The Promoter is not liable for any consequences of user error including (without
limitation) costs incurred. No correspondence will be entered into.
15. The prize(s) will be awarded to the valid entrant(s) drawn randomly in accordance with the Prize
draw details. The Promoter may draw additional reserve entries (and record them in order). In the
event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize,
the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the
entrant drawn, the promoter will then continue this process until the prize is awarded.
16. The winner does not need to be present at the draw unless expressly stated to the contrary.
17. The winner(s) will be notified in accordance with the Notification of winners and Notification of
unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be
deemed to have occurred on the later of the time the winner receives actual notification from the
Promoter or two business days thereafter. The notification will include details about how the
prize(s) can be claimed.
18. The Promoter takes no responsibility where it is unable to contact prize winners who have not
provided correct or complete contact details. If an entrant’s contact details change during the
promotional period, it is the entrant's responsibility to notify the Promoter. A request to modify any
entry information should be directed to Promoter.
19. It is a condition of accepting any prize that the winner must comply with all the conditions of use
of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no
compensation will be payable if a winner is unable to use the prize as stated.
20. The winner(s) name and state/territory of residence will be published in accordance with the
Public announcement of winners section of the Schedule (if applicable).
21. If the prize(s) has not been claimed by the Unclaimed prize draw time and date and subject to
any written directions from a State lottery agency, the Promoter may conduct an Unclaimed prize
draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable). In the
event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of
the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of
the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the
Unclaimed prize draw will be published in accordance with the section of the Schedule entitled
Public announcement of winners from unclaimed prize draw. If a prize is no longer available the
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promoter may substitute with a prize of higher or equal value subject to any written directions
from a regulatory authority. The promoter is not allowed to deduct any administrative costs
associated with provision of the prize.
22. To the greatest extent permitted by law, the Promoter excludes all warranties, representations or
guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties
which may have been made in the course of advertising or promoting the Promotion. The conduct
of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no
Warranties and disclaims all liability in connection with any such third parties, their acts or
omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its
related bodies corporate (including the officers, employees and agents of each) from and against
all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or
that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a
direct or indirect result of an entrant entering or participating in the Promotion or winning or failing
to win a prize, or using or permitting any other person to use the prize, except for any liability
which cannot be excluded by law or which would cause any part of this clause to be void or
unenforceable.
23. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which
implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s
liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying
such goods or services as form part of the Promotion, or paying the cost of resupplying those
goods or services.
24. Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have
any liability to the other for any loss or damage suffered which is indirect or consequential in
nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of
business opportunity.
25. The Promoter and its associated agencies and companies will not be liable for any delay,
damage, or loss in transit of prizes.
26. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry,
or cancel the entire Promotion at any time without giving reasons and without liability to any
entrants, subject to any written directions from a regulatory authority. Without limiting this the
Promoter reserves the right to verify the validity of entries, prize claims and entrants and to
disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance
with these Terms of entry or who manipulates or tampers with the entry process. In the event that
a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute
will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by
the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
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27. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be
taken as cash, subject to any written directions from a regulatory authority. Where a prize is
unavailable for any reason, the Promoter may substitute the prize for another item of equal or
higher value subject to any written directions from a regulatory authority. The Promoter accepts
no responsibility for any variation in prize value (including between advertising of the Promotion
and receipt of the prize).
28. In the case of the intervention of any outside act, agent or event which prevents or significantly
hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with
the Promotion on the dates and in the manner described in these Terms of entry, including but
not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism,
the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the
event and, in addition, the Promoter may in its absolute discretion cancel the promotion and
recommence it from the start on the same conditions, subject to approval of the relevant
authorities.
29. All entries become the property of the Promoter. As a condition of entering into this Promotion,
entrants agree to assign all their rights in and to their entry and any related content to the
Promoter, including any copyright or other intellectual property rights in the entry and related
content. Without limiting this, the Promoter may use entry content for any and all purposes
including commercial purposes. You warrant that entry content is original, lawful and not
misleading and that the Promoter’s use of such content will not infringe the rights of any third
parties. The Promoter has no obligation to credit you as the author of any content submitted and
may otherwise do any acts or omissions which would otherwise constitute an infringement of any
moral rights you may have as an author of content.
30. Entrants consent to the Promoter using the personal information provided in connection with this
promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes,
including to third parties involved in the promotion and any relevant authorities. In addition to any
use that may be outlined in the Promoter’s Privacy Policy, the Promoter including third parties
may, for an indefinite period, unless otherwise advised, use the private information for
promotional, marketing, publicity, research and profiling purposes, including sending electronic
messages or telephoning the entrant.
31. The collection and disclosure of personal information provided in connection with this promotion
will be handled in accordance with the Promoter's Privacy statement which adheres to the
Privacy Act 1988 (cth) and Australian Privacy Principles.
32. The Promotion and these Terms of entry will be governed by the law of the State or Territory in
which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and
tribunals of that State or Territory in connection with disputes concerning the Promotion.
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33. Facebook, YouTube, Instagram, or Snapchat may be used to advertise or promote the
Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored,
endorsed or administered by, or associated with Facebook, YouTube, Instagram, or Snapchat;
and to release Facebook, YouTube, Instagram, or Snapchat from all liability in relation to this
Promotion. Any questions, comments or complaints regarding the Promotion should be directed
to the Promoter and not Facebook, YouTube, Instagram, or Snapchat.