Win 1 of 3 NBA Prize Packs New Era Caps

“NEW ERA CAP NBA DRAFT SIGN UP TO WIN” PROMOTION
TERMS AND CONDITIONS
NO PURCHASE IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
COLLECTION NOTICE
New Era Cap Australia Pty Limited collects your personal information (this may include, name, date of birth, address, contact numbers, and email) via https://mailchi.mp/neweracap.com/win_nba_draft_caps when you enter this promotion for the purposes of your entry into the promotion and promotional purposes related to this promotion.
If we do not collect your personal information in this way, you will not be able to submit a valid entry into the promotion or claim your prize. We may disclose this personal information to third parties, including local lottery authorities, related New Era Australia Pty Limited entities located in the United States for the sole purpose of processing and conducting this promotion, and promotional purposes related to this promotion.
Our privacy policy is available at https://www.neweracap.com/privacy. You may access, change and/or update your personal information or complain about a breach of the Australian Privacy Principles or a registered privacy code that binds us by contacting the Promoter at legal@neweracap.com. New Era Australia Pty Limited will provide written acknowledgement of your complaint within 7 days of receipt and will investigate and advise you of the steps taken to resolve your complaint within 30 days of receipt of your complaint.
TERMS AND CONDITIONS
By taking part in the New Era Cap “NEW ERA CAP NBA DRAFT SIGN UP TO WIN” promotion you accept and agree to be bound by these Terms and Conditions and agree that all decisions of Promoter are final and binding. These Terms and Conditions apply only to the “NEW ERA CAP NBA DRAFT SIGN UP TO WIN” (the “Promotion”) and not to any other promotions, sweepstakes, or giveaways sponsored by New Era. Subject to all applicable Australian laws and regulations, these Terms and Conditions govern all aspects of the Promotion and are binding on all entrants.
PROMOTER: This Promotion is Promoted by New Era Cap Australia Pty Limited (ABN 74 149 705 993), 180 Ferrars Street, South Melbourne, VIC, 3205 (“New Era” or “Promoter”). This Promotion is in no way promoted, endorsed or administered by, or associated with the National Basketball Association or its member teams or team owners (“NBA”), Facebook, or Instagram, or any of their respective parents, subsidiaries, affiliates, owners, directors, officers, employees, agents, or representatives.
PROMOTIONAL PERIOD: The Promotion begins at 09:00am AEST on 9 August 2018 and ends at 12:01am AEST on 30 August 2018 (the “Promotional Period”).
PROMOTION ADMINISTRATION: Promoter will be responsible for resolving any disputes and rules violations that arise in connection with the Promotion. Promoter's computer will be the official clock of the Promotion. All decisions by Promoter regarding the Promotion shall be final and binding in all respects.
ELIGIBILITY, RESIDENCY AND AGE FOR PROMOTION:
The Promotion is open to legal residents of Australia who are eighteen (18) years of age or older at the time of entry.
Employees, officers, representatives or agents of Promoter, the NBA, Facebook, Instagram, or their respective parent companies, subsidiaries, affiliates, Promotion agencies and production agencies, and such employees’, officers’, representatives’ or agents’ immediate family members (spouse, parents, siblings, children, in-laws, grandparents, grandchildren), are not eligible to enter or win. This Promotion is subject to all laws and regulations of Australia. VOID WHERE PROHIBITED, TAXED OR RESTRICTED BY LAW.
HOW TO ENTER THE PROMOTION:
To enter, participants must do the following within the Promotional Period:
Visit https://mailchi.mp/neweracap.com/win_nba_draft_caps; and
Complete the entry form at the above listed website which includes, but is not limited to, first name, last name, email address, and favorite NBA Team.
No purchase necessary. Limit one (1) entry per person. In case of multiple entries received from any person, only the first entry received from such person will be considered.
Any other attempted form of entry not specified in these Terms and Conditions is prohibited.
SELECTING THE PROMOTION WINNER
This competition is a game of chance. Odds of winning depend on the number of entries received.
Upon the conclusion of the Promotional Period, three (3) winners (“Promotion Winner(s)”) will be drawn at random to receive a prize by and at the sole discretion of Promoter and/or its appointees, employees, or designees. The drawing will take place in South Melbourne, VIC (180 Ferrars Street, South Melbourne, VIC, 3205). Decisions of Promoter are final and binding.
PRIZE: The prize for each of the three (3) Promotion Winners is one (1) New Era NBA Draft Cap and (1) NBA League Pass Code for the 2018-2019 season allowing access to the sports television service featuring National Basketball Association games (total RRP AUD $369.50, per prize). Promotion Winners are responsible for any and all other expenses related to their acceptance of any prize. Taxes (excluding GST) associated with the receipt or use of the prize are the sole responsibility of the Promotion Winner.
NOTIFICATION OF PROMOTION WINNER
The Promotion Winners will be selected and notified by a New Era representative via phone, email, and/or SMS text on 30 August 2018 at 5:00pm AEST.
The Promotion Winners, including any replacement winners if applicable as provided in these Terms and Conditions, will be announced at 5pm AEST on 10 September 2018 by the Promoter on the New Era Australia Facebook and Instagram pages.
HOW TO CLAIM THE PROMOTION PRIZE
To claim and accept his/her prize, the Promotion Winner must confirm their acceptance of the prize either upon notification from Promoter, or by replying to Promoter’s email, phone call, and/or SMS text within seventy-two (72) hours of first notification by Promoter (i.e., by 2 September 2018 at 5:00pm AEST), and providing their full name, date of birth, delivery address, contact phone number, and email address.
In the event a Promotion Winner does not accept the prize or fails to comply with these Terms and Conditions, the winner will be disqualified and the prize will be forfeited. Upon prize forfeiture, no compensation will be given. In that event, the Promoter will select at random another winner as outlined in Clause 6 on 3 September 2018 in order to distribute any unclaimed or forfeited prize.
Any replacement winner will be notified by the same procedure described in Clause 8.A on 3 September 2018 at 5:00pm AEST. Replacement winner must accept the prize by the same procedure described in Clause 9.A no later than 6 September 2018 at 5:00pm AEST in order to accept the prize.
PRIZE CONDITIONS:
Unless provided otherwise by Promoter in its sole discretion, the prize is non-transferable; the prize cannot be substituted for another prize; the prize cannot be sold; and the prize cannot be redeemed for cash from Promoter.
If any prize or any element of a prize becomes unavailable or is otherwise unable to be provided, the Promoter may substitute a prize or element of a prize of equal or greater value at the Promoter’s sole discretion, subject to any written directions from the relevant authorities. Winners will not be entitled to any additional compensation in the event that the prize or element of a prize has been substituted at equal or greater value. Failure by any Promotion Winner to sign any requested documents or failure by any Promotion Winner to comply with any terms in these Terms and Conditions, may disqualify the Promotion Winner in New Era’s sole discretion and Promotion Winner may forfeit his or her interest in the applicable prize.
Before the prize is awarded:
the winner entrant will be required to privately (through email, or other secure, private means) provide his/her name, address, age and other personal information necessary to receive the prize, and
the winning entrant may be required to sign an agreement to release the Promoter, the NBA, Facebook, and Instagram from, and indemnify the Promoter, the NBA, Facebook, and Instagram against any, loss, damage or injury arising from the use of the prize, except to the extent any loss, damage or injury is due to the negligence or willful misconduct of the Promoter, the NBA, Facebook, and Instagram and otherwise cannot be excluded by law;
the winning entrant may be required to sign a Publicity Release where permitted by law and/or other documents as required by Promoter.
Notwithstanding the winner notification dates and winner announcement dates herein, prizes shall not be mailed, delivered, or otherwise made available to any Promotion Winner(s) until 5 October 2018 (or such earlier date if possible and determined by Promoter), due to availability of NBA League Pass Code.
PERSONAL INFORMATION
Participants' personal information submitted in connection with the Promotion will be retained by Promoter in order to conduct the Promotion as noted in the Collection Notice at the start of these Terms and Conditions. Details from entries will be collected and used for the purposes of conducting this Promotion (which may include disclosure to third parties for the purpose of processing and conducting the Promotion) and for promotional purposes relating to New Era's business and/or this Promotion. By entering this Promotion entrants consent to the use of their information as described and agree that the Promoter and the NBA may use this information, or disclose it to other organisations that may use it, in any media for future promotional, marketing and publicity purposes without any further reference or payment to the entrant. Entrants may access, change and/or update their personal information and obtain a copy of the Promoter’s privacy policy by contacting the Promoter at legal@neweracap.com.
Entrants also consent to the Promoter and the NBA using their name, image, likeness, entry and/or voice in the event they are a winner for the purposes of promoting this Promotion and/or promoting any products manufactured, distributed and/or supplied by the Promoter and/or the NBA in any media for an unlimited period of time, in each case without any further reference or recourse to, and without payment or other compensation to or approval from the Promotion Winner.
LIABILITY DISCLAIMER
Nothing in these Terms and Conditions limits, excludes or modifies 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”).
The Prize is subject to the terms and conditions of third party prize suppliers ("Third Party Prize Suppliers"). The Promoter, the NBA, Facebook, and Instagram are not responsible or liable for any loss, damage or injury suffered by the winner or their guests as a result of the conduct of any Third Party Prize Suppliers or otherwise as a result of the winner and their guests accepting and/or using a prize, except for any loss, damage or injury is due to the negligence or willful misconduct of the Promoter, the NBA, Facebook, or Instagram or which otherwise cannot be excluded by law, including the Non-Excludable Guarantees.
In participating in this competition entrants are providing information to the Promoter and not to the NBA, Facebook, or Instagram. Each entrant acknowledges that this competition is in no way sponsored, endorsed or administered by, or associated with the NBA, Facebook, or Instagram, and to the extent permitted by law, releases the NBA, Facebook, and Instagram from any and all liability in relation to this competition. Any queries, comments or complaints about this competition must be directed to the Promoter and not to the NBA, Facebook, or Instagram.
The Promoter may, in its sole discretion, determine whether any entry will be posted or remain posted on its websites and social media channels (including Facebook and Instagram). The Promoter reserves the right to vet or remove entries at any time, without prior notice and in its sole discretion). Notwithstanding any decision by the Promoter to post any entry on its websites and social media channels, the terms and warranties set out in these Terms & Conditions continue to apply.
Any false information provided within the context of the Promotion by any entrant concerning identity, age, eligibility, mailing address, telephone number, email address, ownership of right, or non-compliance with these Terms and Conditions or the like may result in the immediate elimination of the entrant from the Promotion.
To the extent permitted by law, the Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury in connection with the conduct of the promotion whether as a result of:
technical or telecommunications problems, including security breaches, technical website malfunctions or glitches; or
acts or omissions (including negligent acts of omissions) of the Promoter's servants or agents involved in the conduct of this promotion.
In the event of such problems or conduct, the Promoter may modify, cancel, terminate or suspend the promotion to the extent permitted by Australian law.
Promoter reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion.