Win 1 of 8 NBL Fan experience prize packs!

1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. The Promoter is National Basketball League (ABN 65 164 187 937) of Level 6, 10 Queens Road, Melbourne VIC 3004 (Promoter) and the Promoter has the consent of Hungry Jack's® Pty Ltd ABN 25 008 747 073 of Level 6, 100 William Street, Woolloomooloo, NSW 2011, Australia (Business) to promote the Business in this promotion.
3. If you are an Eligible Person and satisfy all Entry Requirements then subject to these Terms and Conditions, you will be entered into the prize draw to win a prize (see paragraph 6 below) (“Prize Draw” or the “Promotion”).
4. Entries into the promotion open at 10.00am (AEDT) on 10 November 2020 and close at 11.59pm (AEDT) on 10 January 2021 (Promotional Period).
Eligibility and Entry
5. Entry to the Promotion is only open to individuals who:
a. are permanent Australian Residents who are resident in Victoria, New South Wales, Queensland, Western Australia or South Australia only aged 18 years or older. For the purposes of these Terms & Conditions, “Australian Resident” means a person who resides in Australia at the start of the Promotion Period and who holds Australian citizenship or holds an Australian permanent residency visa. Employees of the Promoter and the Business and its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) (“Related Body Corporate”) or immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or first cousin (Eligible Persons); and
b. during the Promotional Period, enter into the prize draw by visiting www.nbl.com.au/ultimatefan, and follow the prompts to the promotion entry page, input the requested details (including full name, email address, telephone number, post code and NBL team’s home game to attend); and
c. the NBL team selected by the entrant must be located in and align with the entrant’s postcode,
(collectively, “Entry Requirements”).
Eligible Applications
6. Multiple entries are not permitted. Entrants can only enter in their own name. When an Eligible Person satisfies the Entry Requirement in paragraph 5 above, that Eligible Person will be entered into the Prize Draw. For the avoidance of doubt, the maximum number of entries for each Eligible Person who has satisfied the Entry Requirements during the Promotional Period is one (1) entry into the Prize Draw per Eligible Person.
7. Multiple entries are not permitted. Entrants can only enter in their own name. When an Eligible Person satisfies the Entry Requirements in paragraph 5 above, the Eligible Person will be entered into the Prize Draw. The use of automatic entry software, mechanical or electronic devices that allows an individual to automatically enter the Promotion is prohibited and may render all entries submitted by that individual invalid.
Prize Draw
8. The total prize pool is valued at AU$14,545.20 (inclusive of GST) (as at August 2020).
9. There will be one (1) draw with eight (8) winners drawn. The first person drawn for each NBL Team will receive an ‘ultimate fan’ prize pack following the end of the Promotional Period.
10. The eight (8) winners will each receive an ‘ultimate fan’ prize pack. Each prize pack will include prizes that relate to the NBL Team the winner nominated as their preference upon entry into the competition
11. The eight (8) NBL Teams (situated within Australia only) that correspond with each prize pack are the following:
I. Perth Wildcats (WA);
II. Adelaide 36ers (SA);
III. Melbourne United (VIC);
IV. South East Melbourne Phoenix (VIC);
V. Hawks (NSW);
VI. Sydney Kings (NSW);
VII. Brisbane Bullets (QLD); and
VIII. Cairns Taipans (QLD),
(each an “NBL Team”).
12. Each ‘ultimate fan’ prize pack is valued at AU$1,818.15 and includes the following:
a. two (2) reserved-seating season passes to attend every regular season home game during 2020/21 season of the NBL team they have nominated on the entry form valued at AU$1,400. The prize does not include travel, food, beverages or any other associated costs; and
b. one (1) Wilson Solution Game Basketball – Size 7 (Official) valued at $99.95; and
c. one (1) NBL Playing Jersey valued at AU$90; and
d. twenty eight (28) Hungry Jack’s Whopper vouchers valued at AU$228.20 Offer expires November 30, 2021. Vouchers can be redeemed instore only at participating restaurants – not available with Delivery or via mobile ordering. Not to be used in conjunction with any other offer. Limit of one per customer, per day. Not valid via mobile ordering. Whopper may be substituted for a Vegan Cheeseburger. Not valid with any other offer.
13. Eligible Persons are not required to be present at the draw to win a prize. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. All taxes which may be payable as a consequence of receiving the prize are the sole responsibility of the winner. Any additional costs involved are at the winner’s expense. Independent financial advice should be sought.
14. The draw will be conducted and scrutinized by Anisimoff Legal, an independent third party, located at Suite 5, Erina Plaza, 210 The Central Coast Highway, Erina NSW 2250 on 14 January 2021 at 10:00am AEDT. Additional reserve entries will be drawn and recorded in case an invalid entry or ineligible entrant is drawn. The sharing of prizes is not permitted.
15. The prizes are not exchangeable or transferable for cash and all travel expenses including and not limited to flights, accommodation, and other expenses to redeem the prize will be borne by the winners.
16. Prizes to attend a game are subject to ticket availability and the NBL may select the game(s) to which the prize relates.
17. Should the 2020/2021 season not proceed, the 2020/2021 season is truncated or some or all of the NBL games for the 2020/21 season is not played in the winner’s home state, the NBL may, in their sole discretion, award the season passes for the 2021/2022 season or, if the series is truncated or some or all of the NBL games for the 2020/21 season are not played, the NBL may in their sole discretion, award tickets to a select number of games for the 2021/22 season.
18. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any requirements of a relevant regulatory authority.
19. If the prize (or part of the prize) is unavailable for reasons outside the Promoter’s reasonable control, the Promoter, after having made reasonable attempts to reach agreement with the winner, but otherwise in its discretion, reserve the right to substitute the prize (or that part of the prize) with a prize to the equal or greater value and/or specification, subject to any written directions from a regulatory authority.
20. Any costs associated with redeeming any the prize are not included.
21. The Promoter’s decision is final, and no correspondence will be entered into.
22. All prizes outlined in the table below will be distributed in accordance with these Terms and Conditions.
23. The winners will be notified in writing via the contact details supplied by the Eligible Person when they enter the promotion on www.nbl.com.au/ultimatefan. The winners will be notified within two (2) working days after the winners are drawn.
24. If the winner does not satisfy these Terms and Conditions or cannot be contacted within a reasonable timeframe in accordance with all requirements of all State and Territory regulatory authorities, the entry will be invalidated, and a further entry drawn at the same place as the original draw on 28 January 2021 in order to distribute the unclaimed prize. All non-winning entries from the original draw will be included in the unclaimed prize draw. The winner of the unclaimed prize draw will be notified in writing (via the contact details supplied by the Eligible Person to the Promoter when subscribing to Promoter’s customer database at the Website) within two (2) working days of the draw and the winner’s name will be published on https://nbl.com.au/competitions. This will continue until a valid winning entry is drawn.
25. For all winners, the tickets will be provided vi
a. collection at the arena under the winner’s name on the day of the event; or
b. sent electronically to the winner’s email address dependent on the location of the game the winner will attend.
26. For all winners, the ‘Ultimate Fan Pack’ consisting of one (1) NBL Jersey, one (1) Wilson NBL Basketball and twenty eight (28) Hungry Jack’s Whopper vouchers will be posted to each of the eight (8) winners in the mail.
27. 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 individual who the Promoter has reason to believe has breached any of these 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. 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.
28. Incomplete or indecipherable entries will be deemed invalid.
29. 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.
General
30. The Promoter assumes no responsibility for any failure to receive an entry in the Promotion or for inaccurate information by any person or for any loss, damage, or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may modify the Promotion.
31. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings, and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
32. As a condition of entering this promotion, each entrant licenses and grants the Promoter and their affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
33. Entrants consent to the Promoter using their 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 a reasonable period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter in connection with the promotion.
34. 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 any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
35. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
36. 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 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the States and Territories of Australia or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“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.
37. Except or 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 excludes 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 claim 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. taking of the prize/attendance at the prize event.
The Promoter and Business collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to the Business and other third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use, and handle PI as set out in its Privacy Policy available at http://www.nbl.com.au/privacy-policy/ and at https://www.hungryjacks.com.au/privacy-policy.
38. In addition to any use that may be outlined in the Privacy Policies identified above, the Promoter and business may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policies also contain information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter and Business. The Promoter and Business may disclose Australian entrant's PI to any entity outside of Australia in accordance with their respective Privacy Policies.
39. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Melbourne, Victoria Australia.
40. NSW Permit No. TP/00187 SA Permit No. T20/1063
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