Win 1 of 5 Art Stash Packs Asthma Australia

1. Schedule and Terms of Entry
a) These Terms of Entry must be read together with the Schedule
for this Promotion. The Schedule defines certain terminology
used in these Terms of Entry. By entering the Promotion,
entrants accept these Terms of Entry.
b) To the extent of any inconsistency between the Schedule and
these Terms of Entry, the Schedule prevails. For the avoidance
of doubt, the Promoter’s General Terms of Entry (available on
the relevant Website) do not apply to this Promotion.
2. Eligible Entrants
a) Eligible States and Territories. Entry is open only to residents
of the Eligible States and Territories specified in the Schedule
(refer to checked boxes) who comply with the Age Restriction.
b) Associated persons and entities. Directors, officers,
management, employees and other staff (and the immediate
families of directors, officers, management, employees and
other staff) of the Promoter or of its related bodies corporate,
or of the agencies or companies associated with this
Promotion are ineligible to enter.
c) Using different identities. 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 this Promotion is
ineligible to enter this Promotion.
d) Correct Information. Entrants must only register in their own
name. Any entries of an entrant who is deemed by the
Promoter to have provided incorrect, misleading or fraudulent
information may, at the sole discretion of the Promoter, be
deemed invalid.
e) Proof. The 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.
3. Entry Method
a) Promotion Period. To enter the Promotion, entrants must
follow the Entry Method during the Promotion Period. Entries
must be received by the Promoter during the Promotion
Period. Entrants may submit up to the Maximum Number of
Entries.
b) Online Entry. Costs associated with accessing any Website
remain an entrant’s responsibility and may vary depending on
Internet Service Provider used.
c) Social Media Entry. If this Promotion is conducted or involves
entry via a social media platform, the following will apply:
(i) an entrant’s entry must be submitted by the individual
entrant;
(ii) entrants must ensure their security settings on their
personal account allows the Promoter to contact them in
the event that the entrant is a winner;
(iii) use of social media platforms is subject to the terms and
conditions of use of that social media platform;
(iv) entrants acknowledge that the Promotion is in no way
sponsored, endorsed or administered by, or associated
with, any social media platform. The winner are solely
responsible and liable for the content of their entries
and/or posts and any other information they transmit
to other Internet users; and
(v) to the extent permitted by law, the winner agree to
release any and all social media platforms (and their
associated agencies and companies) used in
conjunction with this Promotion, against any and all
losses, actions, claims, costs, expenses and damages (of
any nature) which may be incurred by the winner and
their companions in respect of their participation in the
Promotion.
d) Any form of automated entry using any device or software is
invalid. Entries are deemed to be received at the time of
receipt by the Promoter not at the time of transmission by the
entrant.
4. Judging and Judging Criteria
a) Chance plays no part in determining any winners of this
Promotion. Each valid entry will be individually judged (by
representatives of the Promoter) based on the Judging
Criteria. The Prize/s will be awarded to the valid entrant or
entrants (as applicable) which best meet the Judging Criteria,
as determined by the judges. The judges' decisions are final
and no correspondence will be entered into.
b) Entries that, in the Promoter’s judgment, contain offensive,
defamatory or otherwise objectionable or inappropriate
material or that infringe any third-party rights (including
intellectual property rights) will be invalid. This includes, but is
not limited to, any entry which the Promoter considers to be
disparaging to its products and/or services or is otherwise not
in keeping with the spirit of the Promotion (in the Promoter’s
sole and absolute discretion).
c) Once an entry is submitted, entrants acknowledge that the
entry may not be withdrawn, altered or deleted (except as and
where required by the Promoter).
5. Use of Entries
a) By entering this Promotion, an entrant consents to their voice,
name, image, location, content of their entry and any other
information submitted to the Promoter being published in any
form of media by the Promoter, the Promotion’s prize supplier
and any promotional partners associated with the Promotion.
b) Use or any publication of entries during or after the Promotion
Period (in any form of media) does not mean that an entrant
has been selected as a winner in the Promotion, and that
entrant may not be awarded a Prize.
6. Intellectual Property Rights
a) Each entry must not include or make reference to the
intellectual property rights of any person including but not
limited to any visible logos, drawings, cartoons, phrases,
trademarks, copyrighted material, mark that identifies a brand
or other third party materials, unless the entry is submitted
with the written consent of the owner of the applicable
intellectual property rights. Failure to do so may, in the
Promoter’s sole absolute discretion, result in the entry
becoming invalid.
Competition Terms and Condition | Game of Skill
Asthma Australia Limited | ABN – 91 609 156 630 4
Competition Terms and Conditions – Game of Skill
b) All entries and materials submitted to the Promoter in
connection with this Promotion (in any form, including
without limitation in hard copy or electronic form), become
the property of the Promoter. Each entry must be the
entrant’s original work. By entering this Promotion entrants:
(i) consent to the Promoter using their entries or materials
in any manner it sees fit, including exploiting, making
copies of or publishing the whole or any part of their
entry, to publicise this Promotion or for any other
purposes;
(ii) warrants that their entry is not, and its use by the
Promoter (or its prize supplier and promotional partners)
will not be, in breach of any third-party intellectual
property rights;
(iii) expressly consent pursuant to the moral rights provisions
of the Copyright Act 1968 (Cth) to the Promoter having
unfettered right to treat their entry in any manner at its
sole discretion, to alter their entry in any manner and to
the Promoter (or its prize supplier and promotional
partners) not attributing authorship of their entry to the
entrant; and authorship of their entry to the entrant; and
(iv) will, at the Promoter’s reasonable request and at the
Promoter’s cost, at all times do all things (including
signing all documentation) necessary to give full effect to
the requirements of this clause.
7. Prize (General)
a) General. The Prize for this Promotion is specified in the
Schedule and the total prize value is specified in the Total Prize
Value section of the Schedule.
b) If Prize winner is under 18 years of age. If a winner of a Prize is
under the age of 18 years (where entry by persons under 18 is
permitted), the Promoter may, at its discretion, award the
Prize to the winner’s parent or guardian (who is aged over 18
years).
c) No transfers or exchanges. The Prize must be taken as offered
and cannot be varied. No prize is transferable or
exchangeable, nor can it be redeemed for cash (unless
otherwise indicated). In the event for any reason a winner
does not take an element of any Prize at the time stipulated
by the Promoter then that element of the Prize will be
forfeited by the winner and cash will not be supplied for that
element of the Prize.
d) Variation in Prize value. The Promoter accepts no
responsibility for any variation in Prize value. Where a Prize (or
part thereof) is unavailable for any reason, the Promoter may
substitute for that Prize another item of equal or higher value
as determined by the Promoter.
e) Prize Delivery. Prizes will be provided by the Promoter to the
winner as stated in the Prize Delivery section of the Schedule.
8. Cash Prize
a) Prize will be electronically transferred into the prize winner's
nominated Australian bank account (or to the nominated bank
account of the winner’s parent/guardian if the winner is under
18 years of age).
9. Vouchers and Tickets
a) If the Prize includes vouchers, all vouchers are valid until the
voucher expiry date as specified on the voucher or by the
provider of the voucher. Vouchers are subject to the
conditions stipulated by the provider of the voucher.
b) If the prize includes tickets, all tickets are valid for the date or
period as indicated on the tickets. Tickets are subject to the
conditions stipulated by the provider of the tickets.
10. Notification of Winners
The winner/s will be notified as stated in the Notification of
Winners section of the Schedule.
11. Prize Claim Date
If any Prize is not claimed by the Prize Claim Date, the
Promoter reserves the right to award the relevant Prize/s to
the next best valid entry or entries (as applicable) which meet
the Judging Criteria, as determined by the judges, that has not
already received a Prize. If a Prize is no longer capable of being
redeemed, the new winner/s will receive a Prize, as
determined by the Promoter, of equivalent value (as if the
original Prize had been awarded to that person, less any
administrative expenses incurred by the Promoter).
12. Disqualification
a) Compliance with Terms of Entry. If the Promoter becomes
aware after an entrant has won a Prize that the entrant has
not complied with these Terms of Entry, that entrant will have
no entitlement to the Prize, even if the Promoter has
announced them as a winner. That entrant will be required to
return, refund or otherwise make restitution of the Prize.
b) Tampering. The Promoter reserves the right to verify the
validity of any entries and in its sole discretion, disqualify any
or all entries from, and prohibit further participation in this
Promotion by, any person who: (a) tampers with or benefits
from any tampering with the entry process or with the
operation of the Promotion; (b) acts in violation of these
Terms of Entry; (c) acts in a disruptive manner; (d) acts with
the intent to annoy, abuse, threaten or harass any other
person; or (e) engages in any unlawful or other improper
misconduct calculated to jeopardise the fair and proper
conduct of the Promotion. The Promoter’s legal rights to
recover damages or other compensation from such an
offender are reserved.
c) For the avoidance of doubt, the winner can be disqualified
after the winner is notified and published under this Clause 12.
Failure by the Promoter to enforce any of its rights at any stage
does not constitute a waiver of those rights. No compensation
will be payable if the winner or their companion are unable to
use any element of the Prize for whatever reason.
13. Indemnity Form
If requested by the Promoter, any entrant must sign an
indemnity and exclusion of liability form provided by the
Promoter prior to participating in any activities in connection
Competition Terms and Condition | Game of Skill
Asthma Australia Limited | ABN – 91 609 156 630 5
Competition Terms and Conditions – Game of Skill
with the Promotion or prior to taking a Prize. Failure to do so
means the Promoter may deem that entry invalid.
14. Exclusion of Liability
a) The Promoter, its promotional partners, prize suppliers and
their related bodies corporate will not be liable for any direct
or indirect loss (including, without limitation, special or
consequential loss or loss of profits), expense, damage,
personal injury or death which is suffered or sustained
(whether or not arising from any person’s negligence) in
connection with this Promotion or accepting or using any
Prize, except for any liability which cannot be excluded by law
(in which case that liability is limited to the minimum allowable
by law).
b) Without limiting the previous paragraph, the Promoter and its
associated agencies and companies will not be liable for any
damage to or delay in transit of Prizes.
c) The Promoter accepts no responsibility for late, lost,
incomplete, incorrectly submitted, delayed, illegible,
corrupted or misdirected entries, claims or correspondence
whether due to error, omission, alteration, tampering,
deletion, theft, destruction, transmission interruption,
communications failure or otherwise.
d) The Promoter has no control over communications networks
or services, the Internet, or computer or telephone networks
or lines and accepts no responsibility for any problems
associated with them, whether due to traffic congestion,
technical malfunction or otherwise.
15. Australian Consumer Laws
The Promoter and its associated agencies and companies
make no warranties or representations about the fitness for
purpose or suitability of any Prize and will not accept
responsibility for the quality or fitness for any purpose of any
Prize, or the failure of any Prize to be of merchantable quality.
If liability under terms implied by legislation cannot be
excluded, the liability of the Promoter and its associated
agencies and companies is limited to re-supplying the relevant
goods or services or paying the cost of replacing them.
16. Conduct of Promotion
a) Unforeseen Events. If for any reason any aspect of this
Promotion is not capable of running as planned for any reason
beyond the reasonable control of the Promoter, including, but
not limited to, by reason of war, terrorism, state of emergency
or disaster (including natural disaster), infection by computer
virus, telephone network failure, bugs, tampering,
unauthorised intervention, fraud, technical failures or
anything which corrupts or affects the administration,
security, fairness, integrity or proper conduct of this
Promotion, the Promoter may, in its sole discretion, cancel,
terminate, modify or suspend the Promotion, invalidate any
affected entries and/or, if necessary, provide an alternative
prize to the same value as the original prize.
b) Amendment of Promotion. Without limiting any other
paragraph, the Promoter may at its sole discretion amend any
aspect of this Promotion or of these Terms of Entry from time
to time, subject to applicable laws in each Relevant State.
c) Currency. Unless the contrary intention appears, a reference
in these Terms of Entry or the Schedule or in any
advertisement relating to this Promotion to Australian dollars,
dollars, AUD$ or $ is a reference to the lawful currency of
Australia.
d) Compliance with Terms of Entry. If an entrant is unable to or
refuses or fails to take part in any element of this Promotion
or an entrant or entry is deemed not to comply with these
Terms of Entry, that entrant’s entry to the Promotion will be
invalid.
17. Personal Information
a) Privacy Policy. A copy of the Promoter’s Privacy Policy in
relation to the treatment of Personal Information collected in
connection with this Promotion may be accessed on the
Promoter’s website at
www.asthmaaustralia.org.au/privacy.
b) Collection Statements. By entering and participating in the
Promotion in the manner required, entrants agree to the
collection and disclosure of their Personal Information in
accordance with the relevant collection statement notified to
the entrant at the time of entering the Promotion.
c) Third Party Personal Information. Each entrant must ensure
that any other person whose personal details have been
provided by the entrant to the Promoter for the purposes of
the entrant’s participation in this Promotion has given their
implied or express consent for their details to be provided to
the Promoter and any of its related bodies corporate and to
be contacted by the Promoter or any of its related bodies
corporate in relation to this Promotion.
a. Personal Information means, for the purpose of the
Privacy Act 1988 (Cth) as amended by the Privacy
Amendment (Enhancing Privacy Protection) Act 2012
(Cth), information or an opinion about an identified
individual, or an individual who is reasonably identifiable,
whether the information or opinion is true or not and
whether the information or opinion is recorded in a
material form or not.