ENTIRE TERMS
These Competition Rules constitute the entire agreement of the parties relating to the entry into and conduct of this Competition. Information on How to enter the Competition and Prize form part of these Competition Rules.
ACCEPTANCE OF COMPETITION RULES
ENTIRE TERMS
These Competition Rules constitute the entire agreement of the parties relating to the entry into and conduct of this Competition. Information on How to enter the Competition and Prize form part of these Competition Rules.
ACCEPTANCE OF COMPETITION RULES
Entry into the Competition deemed acceptance of these Competition Rules.
GOVERNING LAW
These Competition Rules are governed by the Laws of the State of Victoria.
ELIGIBLE ENTRANTS
Entry into the Competition is only open to Australian residents aged 18 years and over, excluding:
Management, employees, directors and contractors of the Promoter, its related entities, the Participating Suppliers and other agencies, firms or companies associated with the Competition (including suppliers of the Prize);
A spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph (a) of these Competition Rules;
Persons who have breached the terms and conditions of any Competition run by or on behalf of the Promoter. (Eligible Entrants); and The persons referred to in paragraph 4(b) of these Competition Rules include natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.
ENTRANTS TO ENSURE FAMILIARITY
Each Entrant is responsible for ensuring his or her familiarity with the Competition Rules at the time of participation. The Promoter’s decision not to enforce a specific restriction (whether communicated to an Entrant or not) does not constitute a waiver of that restriction or of the Competition Rules generally.
ENTRANTS ACKNOWLEDGMENT
All Entrants acknowledge that the Promoter can rely on these Competition Rules even if the Promoter only learns of a person's ineligibility after the Promoter has awarded a Prize to an ineligible person. Return of a Prize or payment of its equivalent value to the Purchaser may be required by the Promoter if this occurs.
PROMOTER
TThe Promoter is OnMrkt Pty Ltd (ACN 619 220 763) of Unit 2, 131 Victoria Avenue, Albert Park VIC 3206 and all related bodies corporate (including the trading name NOKK) through the website located at www.nokk.com.au
ENTRY PERIOD
TThe Competition will commence at 00:01 AEST on 25th May 2018 and close at 23:59 AEST on 30 November 2018 (Entry Period).
The Entry must be made during the Entry Period and through the NOKK Website www.nokk.com.au
HOW TO ENTER
To enter and be eligible to win, Eligible Entrants must, during the Entry Period, engage with and register as a user of the services offered by ONMRKT Pty Ltd by registering on the Website www.nokk.com.au and complete their entry in accord with these Competition Rules (Eligible Entry).
Entry may be made via the Internet only (Entry). Entrant includes a person who completes an Entry and satisfies the requirements for an Eligible Entrant and Eligible Entry (Entrant).
CONDITIONS OF ENTRY
Each engagement with and registration as a user of the services office by the Promoter counts towards one (1) entry only.
Eligible Entrants may enter the Competition multiple times, up to a maximum of two (2) times per household for the Entry Period.
Entrants can only enter the Competition in their own name. Entrants who enter using multiple addresses or aliases may be disqualified and their entries rendered invalid.
WEB ENTRY
Eligible Entrants can complete their Eligible Entry during the Entry Period by:
visiting www.nokk.com.au/fiji being the Competition entry page (Online Entry Site); completing and submitting the online Competition Entry Form on the Online Entry Site (Online Entry Form), including: all details required on the Online Entry Form, including their First Name, Surname, Street Address, Suburb, State, Postcode, Phone Number and Email address;
In 25 words or less, consumers complete an entry telling ONMRKT Pty Ltd trading as NOKK about their dream home (for a chance to win 1 of 2 home styling packages);
indicating their acceptance of these Competition Rules; and
Entrants must retain an electronic or hard copy receipt of registration to use the services of the Promoter which corresponds to each entry they submit in the Competition in order to claim a Prize (if won).
TIME OF ENTRY
Entries are deemed to be received at the time of receipt into the Promoter's database, not at the time of transmission by the Entrant.
NO ENTRY FEE
Entry to the Competition is free.
Entrants are responsible for their own costs associated with entering the Competition which may include costs associated with accessing the internet or emailing the entry form.
ENTRIES TO BE ORIGINAL
By entering this Competition, Entrants confirm and promise that their entry is original and does not infringe the intellectual property rights of any third party.
INVALID ENTRIES
Eligible Entrants must submit their entries manually using an internet browser. The use of any automated entry software or any other mechanical or electronic means that allows an Entrant to automatically enter the Competition repeatedly is prohibited and will render entries submitted using such means as invalid.
Incomplete, illegible, indecipherable or incorrect entries, or entries which contain offensive or defamatory comments or information or which breach any law or infringe any third party rights, including intellectual property rights, are invalid and not eligible to win a Prize.
Any entry not complying with these Competition Rules is invalid.
The Promoter assumes no responsibility for any failure to receive any entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems with entry mechanisms or otherwise, including security breaches. If such problems arise, then the Promoter has the right to modify, cancel, terminate or suspend the Competition.
VERIFICATION
The Promoter reserves the right to request at its discretion, within a time prescribed by the Promoter, verification of age, identity, eligibility, compliance with the Competition Rules, residential address of Entrants, email address and/or any other information relevant to entry into, participation or claiming a Prize in the Competition. Verification is at the discretion of the Promoter, whose decision is final.
If the information requested is not received by the Promoter or an Entrant has not been verified to the satisfaction of the Promoter within the time prescribed by the Promoter, the entry(s) submitted by the Eligible Entrant will be deemed as invalid. A Prize will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction at its discretion. In the event that the Eligible Entrant cannot provide suitable validation or verification, the Eligible Entrant's right to the Prize will be forfeited and no substitute will be offered.
GAME OF SKILL
The Competition is a game of skill. Chance plays no part in determining the Winner(s). Each Eligible Entry will be judged individually by representative(s) of the Promoter on its merits based on creativity. The judge's decision regarding all aspects of the Competition will be final and binding.
SELECTION OF PRIZE WINNERS
All Eligible Entries will be judged based on the most creative answer in 25 words or less at ONMRKT Pty Ltd Unit 2, 131 Victoria Avenue, Albert Park VIC 3206 (Competition Location) and Prize Winners will be selected by a representative of the Promoter (Judge) at AEST 12 noon on 1 December 2018 (Prize Winners).
TOTAL VALUE OF THE PRIZE
The prizes include both the Home Styling Package Prize and the Fiji Holiday Prize (collectively, the Prize). The total value of the Prize to be won in the Competition is AU$13,000 RRP (including GST).
The Eligible Entrant judged to be the most creative in the opinion of the Judge will win the both the Home Styling Package Prize and the Fiji Holiday Prize as detailed in the following paragraphs.
HOME STYLING PACKAGE PRIZE
The Home Styling Prize is a house styling package provided by the Participating Suppliers including:
In-Home Consultation with an Interior Stylist, including decorating and presentation advice;
6x professional photographs of styled spaces;
Recommended art and furniture selection, rental & installation for a period of 8 weeks; or,
Recommended art and furniture selection, purchase & installation for new home purchase and interior decorating.
FIJI HOLIDAY PRIZE
The Fiji Holiday Prize is a luxury Fijian holiday including flight + holiday, destination in Fiji.
PRIZE CONDITIONS
The Prize Winner must comply with these terms and conditions. The dates during which the Prize can be redeemed shall be 1 December 2018 – 28 February 2019.
GENERAL PRIZE CONDITIONS
The Prize is non-transferable and may only be redeemed by the Prize Winner.
All components of the Prize must be taken together as a single bundle.
The Prize does not include any insurance or additional costs or expenses incurred or passed onto the Participating Suppliers whether or not requested by the Prize Winner.
The Prize cannot be exchanged for anything else without the prior written consent of the Participating Suppliers and the Promoter whose consent may be given or withheld at their absolute discretion.
The Prize are subject to such other terms and conditions as may be imposed by the Participating Suppliers and any third parties involved in providing the goods or services included in the Prize.
No compensation will be payable if a Prize Winner is unable to utilise the Prize as stated. The Prize or components of the Prize are not transferrable or exchangeable and cannot be redeemed for cash.
If for any reason a Prize Winner does not take an element of a Prize at the time stipulated by the Promoter, then that element of the Prize will be forfeited and no cash or other alternative will be supplied in lieu of that element of the Prize.
All costs associated with or arising in connection with collecting and using a Prize shall be the responsibility of the Prize Winner.
Prizes cannot be sold, scalped, auctioned, raffled, pledged or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If a Prize is obtained through any of these methods, it will not be honoured.
The Promoter shall not accept any responsibility for any variation in the value of a Prize from the time of preparing promotional material for the Competition.
If a Prize includes tickets or vouchers, the tickets/vouchers are subject to any terms and conditions imposed by the Participating Suppliers or any third party involved in providing any component of the Prize.
If more than one person attempts to claim a Prize, the Promoter has sole and absolute discretion to determine the Prize Winner.
If the Promoter is unable to provide a Prize Winner with the nominated Prize the Promoter reserves the right to supply an alternative Prize of similar monetary value to the nominated Prize.
WINNER NOTIFICATION AND PUBLICATION
The Prize Winner will be:
notified by telephone and post and email; and
Names of the Prize Winner will be published on the Website www.onmrk.com.au on or before 8 December 2018.
UNCLAIMED PRIZE
If the Prize remains unclaimed by 12 noon AEST on 15 December 2018, that Prize Winner's entry will be deemed invalid. The Promoter reserves the right to select the next best Eligible Entry for that Prize on the same date at the Competition Location by a representative of the Promoter from all remaining Eligible Entries received in the Competition, subject to any directions from the relevant State Gaming Departments (Substitute Prize Winner).
SUBSTITUTE PRIZE WINNER NOTIFICATION AND PUBLICATION
Any Substitute Prize Winner, will be:
notified by telephone and post and email; and
The name of the Substitute Prize Winner will be published on the Website www.nokk.com.au on or before 22 December 2018.
PRMOTER'S RIGHTS
The Promoter’s decision in relation to the Competition and any aspect of these Competition Rules is final and binding. No correspondence will be entered into.
The Promoter reserves the right to amend any details of the Competition without notice.
TAMPERING AND OTHER FAILURES
If, for any reason, the Competition is not capable of being run as planned, including due to infection by computer virus, bugs, network failure, tampering, unauthorised intervention, fraud or any other cause beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, subject to State and Territory regulations, including cancelling, terminating, modifying or suspending the Competition.
Any Entrant who, in the opinion of the Promoter, tampers or interferes with the entry or selection mechanism in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Competition, or who does not properly comply with the entry process, will be ineligible to win a Prize.
Any attempt to deliberately damage any website or information on a website, or to otherwise undermine the legitimate operation of this Competition may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the maximum extent permitted by law.
NO WARRANTIES OR REPRESENTATIONS
The Promoter makes no warranty or representation as to the quality / suitability / merchantability of any goods and or services offered as a component of a Prize.
The Promoter does not warrant that the entry mechanism will be available at all times during the Entry Period.
EXCLUSION OF LIABILITY
In this Exclusion of Liability clause, the Promoter includes:
The Promoter, the Promoter's related entities and all agencies associated with the Competition; and
Employees, agents, directors and contractors, of all entities referred to in preceding paragraph, shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense, personal injury or death whatsoever (including but not limited to any direct, indirect and / or consequential loss or loss of profits), incurred, suffered or sustained (whether or not arising from any person's negligence) by any person or entity (without limitation) in connection with, or arising from, the Competition or the acceptance or use of any Prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).
The Promoter accepts no responsibility for any late, lost, incomplete, incorrectly submitted, delayed, corrupted or misdirected entries due to error, omission, tampering, deletion, theft, communications failure or otherwise.
The Promoter is not responsible for:
any problems or technical failures of any kind, including malfunction of any telephone network or lines, computer online systems or networks, servers or providers, computer equipment, or software;
the unavailability or inaccessibility of any service whether or not caused by traffic congestion on the internet or at any website; any electronic or human error (without limitation);
any unauthorised human intervention;
or any consequences thereof, in association with this Competition.
To the maximum extent permitted by law, any liability of the Promoter or its servants or agents for breach of any rights a consumer might have which cannot be excluded under applicable consumer protection laws, is limited to the payment of the cost of having the Prize supplied again.
TAX LIABILITY
The Promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of a Prize. Independent financial advice should sought by each Entrant for any tax implications arising from Prize winnings. Where the Competition involves, for GST purposes, supplies being made for non-monetary consideration, Entrants will follow the Australian Taxation Office's view that where the parties are at arm's length, goods and services exchanged are of equal GST inclusive market values.
PUBLICITY
The Prize Winner consents to the use of their name, suburb or town of residence and image for promotional or marketing purposes and agree to participate in any reasonable promotional activity (such as publicity and photography) relating to the winning of a Prize, free of charge, at the request of the Promoter. The Entrants agree that the Promoter has an unrestricted, irrevocable, transferable, divisible right and licence to use and modify any Entry for the purposes of the Promoter's business without the payment of further fee or compensation. Each Entrant agrees to sign any further documentation required by the Promoter to give effect to this arrangement as a precondition of being awarded any Prize. To the extent permitted by law, Entrants unconditionally and irrevocably consent to any act or omission that would otherwise interfere with any moral rights in any entry.
OWNERSHIP OF ENTRIES
All Entries become and remain the sole property of the Promoter.
PERSONAL INFORMATION
All information provided by the Entrants (Personal Information) will be used by the Promoter for the purpose of conducting this Competition and may be entered into a database and the Promoter, the Promoter's related entities, agencies engaged by the Promoter, or any other third party(s) nominated by the Promoter, for the Promoter's current and future promotional, marketing and our commercial or business purposes without further reference or compensation to them. These purposes include, but are not limited to:
providing products or services to you or someone else you know;
providing you with newsletters, information and other communications;
providing you with information about other services that we offer that may be of interest to you;
involving you in promotions and other initiatives undertaken by us; and
facilitating our internal business operations, including the fulfilment of any legal requirements.
The Promoter may disclose Entrants' Personal Information to its contractors and agents to assist in conducting this Competition and as required, to Australian regulatory authorities.
Entrants can request to access, update or correct their Personal Information held by the Promoter and may request that they not receive further promotional, marketing or any other communications from the Promoter by contacting the Promoter at the address above. Should an Entrant's contact details change during the Entry Period, it is the Entrant's responsibility to notify the Promoter.
PRIVACY
All Personal Information will be securely stored by the Promoter. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988 as amended from time to time. The Privacy Policy of the Promoter is accessible on the Website www.nokk.com.au
HEADINGS
The headings in these Competition Rules are for convenience only and do not affect interpretation of these Competition Rules.
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