Entry into the Promotion
1. The Promotion Details above and all Detailed Terms below form part of these Terms and
Conditions. Participation in the Promotion is deemed acceptance of these Terms and Conditions.
Entry into the Promotion
1. The Promotion Details above and all Detailed Terms below form part of these Terms and
Conditions. Participation in the Promotion is deemed acceptance of these Terms and Conditions.
2. Any capitalised terms used in these Terms and Conditions have the meaning given in the
Promotion Details, unless stated otherwise.
3. The Promotion commences on the Start Date and ends on the End Date (Promotional Period).
4. Directors, employees and their Immediate Family Members of the Promoter, the Domain Group
and any agencies or companies associated with the Promoter or the Promotion are not eligible to
enter. Immediate Family Member means any of the following: spouse, ex-spouse, de-facto
spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent,
step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st
cousin.
5. Valid entries by eligible Entrants will be accepted during the Promotional Period. No entries will
be accepted after this time. Entries are deemed to be received at the time of receipt by the
Promoter and not at the time of transmission or deposit by the Entrant. Records of the Promoter
and its agencies are final and conclusive as to the time of receipt. The Promoter accepts no
responsibility for any late, lost or misdirected entries due to technical disruptions, network
congestion, social media platforms faulting or for any other reason.
6. Illegible, incomprehensible and incomplete entries will be deemed invalid. An entry that is made
on behalf of another person will also be deemed invalid.
7. The Promoter reserves the right to disqualify any entry which, in the opinion of the Promoter,
includes objectionable content, profanity, inflammatory, offensive or defamatory comments, or
which breach any law or infringes any third party rights, including intellectual property rights.
8. The Promoter reserves the right to disqualify any Entrant who tampers with the entry process or
who submits an entry that is not in accordance with these Terms and Conditions or who has, in
the opinion of the Promoter, engaged in conduct in entering the Promotion which is fraudulent,
misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion or
Promoter.
9. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and
entrant's details including the right to request proof of an entrant's identity, age and residency. In
the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and
no substitute will be offered.
10. The Promoter reserves the right to disqualify an Entrant or entries in the event of non-compliance
with these Terms and Conditions. In the event that there is a dispute concerning the conduct of
the Promotion, the decision of the Promoter is final and binding on each Entrant and no
correspondence will be entered into.
11. An Entrant who uses any automated entry software or any other mechanical or electronic means
that allows an individual to automatically enter repeatedly is prohibited and may render all entries
submitted by that individual invalid.
12. Entrants are responsible for any and all expenses incurred when entering the Promotion and
accessing, claiming and/or using the prize.
13. Should an Entrant’s contact details change during the Promotion, it is the Entrant’s responsibility
to notify the Promoter. A request to access or modify any information provided in an entry should
be directed to the Promoter.
14. If for any reason any aspect of this Promotion is not capable of running as planned, including by
reason of computer virus, communications network failure, bugs, tampering, unauthorised
intervention, fraud, power or technical failure, acts of God, civil unrest, strike, war, act of terrorism
or any other cause beyond the control of the Promoter, the Promoter may in its sole discretion
cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or
suspend or modify a prize, subject to State or Territory regulation.
Prize
15. The winner(s) will be notified by email together with further instructions on how to arrange the
collection of their prize within 2 days of the winner(s) being determined.
16. Each prize will be awarded to the person named in the winning entry. If there is a dispute as to
the identity of an Entrant or winner, the Promoter reserves the right, in its sole discretion, to
determine the identity of the Entrant or winner.
17. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by
the time specified by the Promoter, they forfeit the prize and the Promoter is not obliged to
substitute the prize or provide a cash alternative.
18. The details of the prize(s) are set out in the Promotion Details. The value of the prize(s) is
accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the
Start Date of the Promotion. The Promoter accepts no responsibility for any variation in the value
of the prizes after that date.
19. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the
prize (or that portion of the prize) to a prize of equal or greater value and/or specification, subject
to any written directions of a regulatory authority.
20. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and
conditions of the third party prize supplier. The Promoter and the third party prize supplier reserve
the right to refuse to allow a winner to use or take part in any or all aspects of the prize, if either
determine, in their absolute discretion, that a winner is not in the mental or physical condition
necessary to be able to safely use or participate in the prize.
21. If the prize consists of any gift cards of any third party supplier, the gift card(s) may not be
redeemed or exchanged for cash, traveller’s cheques, cash passports or any other form of
currency, and will not be replaced or refunded if the gift card is lost or stolen
22. It is a condition of accepting the prize that the winner may be required to sign a legal release in a
form determined by the Promoter in its absolute discretion.
23. If a prize is provided to the Promoter by a third party supplier and is to be delivered directly to the
winner(s), the Promoter accepts no responsibility or liability for any delay or failure by the third
party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party
supplier to meet any obligations in these Terms and Conditions or otherwise. The terms and
conditions which apply to a prize at the time it is issued to the winner will prevail over these
Terms of Conditions, to the extent of any inconsistency.
Personal Information, marketing and publicity
24. The Promoter collects personal information in order to conduct the Promotion and for other
purposes as set out in the entry form or page for the Promotion and may, for this purpose, collect,
use and disclose such information to third parties, including but not limited to agents, contractors,
service providers, Prize suppliers and as required, to regulatory authorities. Entry is conditional
on providing this information. Entrants should direct any request to opt out, access, update or
correct information to the Promoter.
25. The Domain Group may use Entrants’ personal information for future marketing purposes
regarding its products, including contacting the Entrant electronically.
26. If there is a Promotion Sponsor, the Promotion Sponsor may use the personal information of an
Entrant for marketing purposes if the Entrant has given their consent to be contacted by the
Promotion Sponsor.
27. Further details on how the Domain Group will collect and use personal information, and how to
contact the Domain Group with queries about how the Domain Group handles personal
information, is set out in the Domain Group privacy policy which is located at
https://www.domain.com.au/group/privacy-policy/.
28. By accepting the prize, the winner agrees to participate in and co-operate as required with all
reasonable marketing and editorial activities relating to the Promotion, including (but not limited
to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter
and the Domain Group may use any such marketing and editorial material without further
reference or compensation to them.
29. The winner agrees not to sell or otherwise provide their story and or photographs related to the
Promotion or being a winner of the Promotion to any other media organisation.
Intellectual property rights
30. All intellectual property rights in the entries vest in the Promoter upon submission of the relevant
entry.
31. Where the Promotion involves submission of any materials including but not limited to answers to
questions, a statement, idea or opinion, video or voice recordings, images, works of art, designs
or photographs (Content), all Entrants represent, warrant and agree that:
i) the Content must not contain any viruses or cause or be likely to cause any injury or harm to
any person or entity;
ii) the Content must be the work of the individual submitting it;
iii) the Content must not have been published elsewhere or have won a prize in any other
competition or promotion;
iv) before submitting the Content, Entrants have obtained all appropriate consents and/or
permission relating to a person who appears in, or whose property appears in, the Content.
v) each Entrant must warrant that the submission of the Content does not infringe the
intellectual property rights of any third party. Entrants must warrant that the Content they
are submitting is their own work and that they own the copyright for it;
vi) the Promoter may remove or decline to publish any Content without notice to the relevant
Entrant;
vii) the Domain Group may use their likeness, image and/or voice in the event that the Entrant
is the winner (including photograph, film or recording) in any media whatsoever throughout
the world for the purpose of promoting this Promotion or other similar promotions and
promoting any products manufactured, distributed and or supplied by the Domain Group.
The Entrant will not be entitled to any remuneration for such use.
Use of social media
32. The following terms apply to the extent that the Promotion is conducted on, advertised or
promoted on a social media platform owned by a third party (Platform Operator):
i) the Entrant acknowledges and agrees that the Promotion is in no way sponsored, endorsed
or administered by, or associated with, any Platform Operator.
ii) the Entrant releases each Platform Operator and its associated companies from all liabilities
arising in respect of the Promotion; and
iii) to the extent relevant to the Promotion, the Promoter agrees and each Entrant must agree
to adhere to the terms and conditions and promotions guidelines of each Platform Operator
which are available to view online on their social media platforms.
Limitation of liability
33. Any guarantee or warranty given in relation to a prize is in addition to any relevant statutory
guarantees and warranties and nothing in these Terms and Conditions restricts, excludes or
modifies or purports to restrict, exclude or modify any statutory consumer rights under any
applicable law including the Competition and Consumer Act 2010 (Cth).
34. To the maximum extent permitted by law, the Promoter and its associated agencies and
companies (including the Domain Group) will not be liable for any loss (including, without
limitation, indirect, 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 or wilful misconduct) in connection with this Promotion or accepting, taking part in or
using any prize (or recommendation).
35. Neither the Promoter, nor any Promotion Sponsor or third party prize supplier, or their associated
companies is responsible, to the extent permitted by law, for acts of god, acts of terrorism or war
(declared or undeclared) or other events beyond their control which prevent awarding or
acceptance of the prize in accordance with the prize description.
36. The Promoter accepts no responsibility for any tax implications of this Promotion and Entrants
must seek their own independent financial advice in regards to their own personal circumstances
and any tax implications relating to the prize or acceptance of the prize.
37. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of
these rights.
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