1 These Terms and Conditions incorporate and must be read together with the details outlined in the
Australian and New Zealand tables above. Information about prizes and how to enter forms part of these
Terms and Conditions. By entering, you accept these Terms and Conditions.
1 These Terms and Conditions incorporate and must be read together with the details outlined in the
Australian and New Zealand tables above. Information about prizes and how to enter forms part of these
Terms and Conditions. By entering, you accept these Terms and Conditions.
Entry
2 Your entry must be received during the relevant Promotion Period and will be deemed to be received
only when received by the Promoter. If you return a Qualifying Purchase your entry may be deemed
invalid at the Promoter's discretion (unless the product is defective). You will receive a return message
confirming your entry. The Promoter is not liable for any problems with communications networks. You
are responsible for your own costs associated with entering. If you enter using automatically generated
entries or multiple phone numbers/email addresses/addresses/aliases, you may be disqualified.
Prizes
3 Prize/s and all elements of prize/s must be taken as and when offered or will be forfeited, and if forfeited,
the Promoter will not be liable. Prize/s are subject to any additional terms and conditions imposed by the
relevant supplier or the Promoter, including, validity period/s;
4 The Promoter is not responsible for any dispute between you and any person with whom you choose to,
or choose not to, share the prize.
General
5 Any failure by you to comply with the conditions imposed by the prize supplier(s) may result in your prize
being cancelled or withdrawn without liability for the Promoter or the prize supplier(s).
6 If you or your entry are deemed by the Promoter to breach these Terms and Conditions, your entry (or
at the Promoter's discretion, all of your entries) may be discarded. The Promoter may, at any time,
require you to produce documentation to establish to the Promoter's satisfaction the validity of your
entries (including documentation establishing your identity, age, place of residence and place of
employment). Failure by the Promoter to enforce any of its rights at any stage does not waive those
rights.
7 You must not:
FYSH_793656v1 [117706-19]
Ts&Cs - Live Free Promotion_13022455_19.DOCX
© 2020 Gadens Lawyers 7
(a) tamper with the entry process;
(b) engage in any conduct that may jeopardise the fair and proper conduct of the promotion;
(c) act in a disruptive, annoying, threatening, abusive or harassing manner;
(d) do anything that may diminish the good name or reputation of the Promoter or any of its related
entities or of the agencies or companies associated with this promotion;
(e) breach any law; or
(f) behave in a way that is otherwise inappropriate.
8 The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected,
delayed, lost, incomplete, illegible or incorrectly submitted.
9 If any dispute arises between you and the Promoter concerning the conduct of this promotion or claiming
a prize, the Promoter will take reasonable steps to consider your point of view, taking into account any
facts or evidence you put forward, and to respond to it fairly within a reasonable time. In all other
respects, the Promoter’s decision in connection with all aspects of this competition is final.
10 Prizes cannot be transferred or exchanged nor (except where cash is specified) redeemed for cash.
Without limiting any other term of these Terms and Conditions, all prizes (and elements of prizes) must
be taken as and when specified, or will be forfeited with no replacement. The prize values are correct
as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter
is not responsible for any change in prize value. You agree that if a prize (or element of a prize) is
unavailable for any reason the Promoter may provide another item of equal or higher value, subject to
any necessary approval by the state/territory gaming authorities.
11 By entering, you request that your full address not be published.
12 Printing and other quality control errors outside the Promoter’s control will not invalidate an otherwise
valid prize claim. Every instant win prize claim in excess of the advertised prize pool will be honoured,
unless the claim is rejected due to fraud or ineligibility under these Terms and Conditions.
13 If this promotion cannot run as planned for any reason beyond the Promoter's control, for example due
to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical
failure, the Promoter may end, change, suspend or cancel the promotion or disqualify affected
entries/entrants, subject to any necessary approval by the relevant gaming authorities. Where it is
practical for it to do so, the Promoter will notify you of such changes.
14 The Promoter is not responsible for any tax implications arising from you winning a prize. You should
seek independent financial advice. For Australian entrants, if for GST purposes this promotion results in
any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s
stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST
inclusive market values.
Liability
15 Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any
statute including the Competition and Consumer Act 2010 (Cth) or the New Zealand Consumer
Guarantees Act 1993.
16 Subject to the previous paragraph, the Promoter and the agencies and companies associated with this
promotion are not liable (including in negligence) for any loss (including indirect, special or consequential
loss or loss of profits), expense, damage, personal injury (including allergies, skin conditions or other
reactions, as relevant), illness or death suffered in connection with this promotion or any prize, except
for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest
extent allowed by law).
17 Without limiting the previous paragraph, the Promoter and the agencies and companies associated with
this promotion are not liable for any loss of, damage to or delay in delivery of prize/s.
18 This promotion is in no way sponsored, endorsed or administered by, or associated with any social media
platform, including Facebook, Instagram and Twitter. You provide your information to the Promoter and
not to any social media platform. You completely release any relevant social media platforms from any
and all liability.
Show more