Win a Refurbished iPhone 11 + 12 Month Boost $300 SIM with 240GB

1. (Who is the Promoter) The promoter of the Boost Mobile Refurbished iPhone 11 & 240GB 12 month SIM (Competition) is Boost Tel Pty Ltd, ABN 19 092 384 417 of Suite 429, 5 Lime Street, Sydney NSW 2000 (“Promoter”). Use of “Promoter” in these Terms and Conditions includes its related and subsidiary companies. A reference to “you” means to an Eligible Entrant in the Competition as defined below.
2. (Binding Nature of terms and conditions) By entering into the Competition you agree to be bound by these Terms and Conditions. Additional instructions and information published by the Promoter elsewhere but referred to in these Terms and Conditions form part of these Terms and Conditions.
3. (Non waiver) The Promoter’s decision not to enforce a specific term or condition does not constitute a waiver of that term or condition or of the Terms and Conditions generally.
4. (Game of chance) This is a game of chance. Winners will be selected at random.
5. (Competition Period) The Competition Period is 10 September 2021 and ends on 5 October 2021. All times and dates are times and dates in Sydney. The Promoter reserves the right to vary the Competition Period or to terminate the Competition at any time.
6. (Eligible Entrant) Entry into the Competition is only open to Australian residents domiciled in Australia who have an eligible Instagram account. This competition excludes any past, present and future:
a) officers, agents, representatives or employees of the Promoter;
b) sponsors or advertising agencies involved in the Competition:
c) employee of the Promoter or any of their agencies associated with the Competition;
d) spouse, defacto, parent, child or sibling (whether natural or by adoption) of a person described in item a); and
e) person whom the Promoter has previously notified is not permitted to enter the Promoter’s promotions or competition.
The Promoter reserves the right to either allow or disallow any entrant for any reason it sees fit, in its absolute discretion.
7. (How to enter) Competition entry is via the entry form at boost.com.au/win
8. (What is the prize?) A Boost Mobile Refurbished iPhone 11 ($789) and a Boost Mobile 12 month $300 SIM. The total prize pool is $1089.
9. (Judges and Judging Criteria) Judging for the prize will take place on Wednesday 6 October 2021. Winners will be selected at random using electronic drawing system comment picker (SA approval number 1499). Winner will be announced in Instagram story by Friday 8 October 2021.
10. (Judging Criteria) Winners will be selected at random using electronic drawing system (SA approval number 1499).
11. (Prize Values) Prize values are based upon the recommended AUD retail prices at the time of printing (inclusive of GST). The promoter accepts no responsibility for change in prize value between now and the collection of any prize.
12. (Financial Advice) Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.
13. (Notification of Winners) The winner will be notified within 24 hours of the competition judging via email or phone.
14. (Promoter’s Decision is final) The Promoter’s decision is final and no correspondence will be entered into. The Promoter reserves the right not to select a winning entry for any or all of the prizes in its absolute discretion.
15. (Claiming Prizes)
a) The Prize Winner, must claim their prizes within 24 hours of being notified.
b) In the event that for any reason whatsoever a Winner does not claim their Prize within the time stipulated by the Promoter the Prize will be forfeited by the Winner and cash will not be awarded in lieu of the prize.
c) What Boost Mobile does with this prize if unclaimed is at their sole discretion
16. (Verification)
a) The Promoter reserves the right, at any time, to verify the validity of entries and entrants and to disqualify you if, in the Promoter’s reasonable opinion, you submit an entry that is not in accordance with these Terms and Conditions.
b) The Prize will only be awarded following validation and verification by the Promoter of the Winner. The Promoter may require the Winner to sign a prize acceptance form and/or a Competition Participation Agreement on terms determined by the Promoter prior to handing over a Prize.
c) If a dispute in regards to any entrant identity arises, entries made online will be declared made by the authorised account holder of the email address or Instagram account submitted at time of entry. An authorised account holder is defined as the person who is assigned to an email address by an internet service provider, online service provider or other organisation that is responsible for assigning email addresses / Instagram account for the domain associated with the submitted email address.
d) Each Winner may be required to provide the Promoter with proof that he or she is the authorised account holder of the email address / Instagram account associated with the winning entry.
17. (Disqualification)
a) In the event that a Winner fails to comply with, or satisfy, any of these Terms and Conditions, or a dispute arises in relation to the originality or ownership of the winning submission, that Winner shall not be entitled to the Prize and the Promoter may at its discretion award the Prize to another entrant in accordance with these Terms and Conditions or choose not to award such Prize.
b) The Promoter reserves the right to disqualify any entry which, in the opinion of Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of Promoter, engaged in conduct in entering the Competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Competition and/or Promoter. The Promoter reserves the right to disqualify a Winner if Promoter becomes aware that the Winner and/or the Winner’s entry is of a type described in this clause.
c) The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged 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.
18. (Disruption or Force Majeure) If for any reason:
a) the conduct or operation of the Competition is interfered with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, computer bugs or viruses, tampering or technical failures), the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Competition, subject to any directions given under any applicable law; or
b) the Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under applicable law.
19. (Prizes non-transferable) Prizes must be taken as stated and are non-transferable, not exchangeable and not redeemable for cash. Subject to any applicable legislation, if the specified prize becomes unavailable for any reason, the Promoter may substitute a prize of like or equal value.
20. (Change of Contact details) Should your contact details change during the Competition Period, it is your responsibility to notify the Promoter of your new contact details. A request to access or modify any information provided should be directed to Promoter.
21. (Unclaimed Prize) Subject to any direction given under relevant State legislation the Promoter reserves the right to distribute the prize if unclaimed to the next most eligible Entrant. The Winner will be notified of his or her prize by email or phone and must claim the prize by responding to the Winner Notification Message by 5pm on the next day. If the prize is unclaimed it will be awarded as Boost Mobile see fit.
22. (Entries and Material Property of Promoter)
a) When you submit any entry or material to enter the Competition including a written submission (collectively the “Material”), you agree:
to exclusively assign any and all rights and title you may have in such Material (including any copyright) to the Promoter, which assignment shall be royalty-free, perpetual, worldwide, irrevocable, and sub-licensable and entitle the Promoter to use, reproduce, modify, adapt, publish, broadcast and display such Material for any purpose whatsoever, including commercial purposes, in any media, without compensation, restriction on use, attribution or liability; and in addition you:
(i) agree not to assert any moral rights in relation to such use of the Material by the Promoter; and
(ii) warrant that you own all rights in the Material and have the full authority to grant the rights set out in this clause and that your use, and the use by the Promoter, of the Material will not infringe the intellectual property rights of any third party;
b) not to submit any Material in which you do not own all rights, or which is unlawful or fraudulent, or in breach of any intellectual property, privacy, publicity or other rights of any third party;
c) not to seek to hold the Promoter responsible for any loss or damage suffered by You as a result of your participation in the Competition nor by your creation of any Material;
d) not to submit any Material that is defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, politics, origin or gender, not suitable for children aged under 15, damaging to the reputation of the Promoter, or otherwise in breach of any applicable law or unsuitable for publication;
e) only to submit Material owned by you which has been created for the purpose of the Competition and has not been submitted in any other competition;
f) to obtain full prior consent from any person who has any rights in the Material, to the uses and terms herein;
g) the Material you supply shall not contain viruses or cause injury or harm to any person or entity;
h) not to act, or refrain from acting, in any way which may harm the reputation of the Competition or the Promoter;
i) (i) to consent to the Promoter using your name, likeness, image and/or voice (including any photograph, film and/or recording of you) and the Materials in any media at any time without remuneration for the purpose of promoting the Competition, the Promoter and/or any of the Promoter's products; and
j) to comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
23. (Representations and undertakings by you) You warrant and agree that you:
a) will not submit or post any Material in which you do not own all rights, or which is unlawful or fraudulent, or in breach of any intellectual property, privacy, publicity or other rights;
b) will not seek to hold the Promoter responsible for any loss or damage suffered by You as a result of your participation in the Competition or by your creation of any Material;
c) will not submit or post any Material that is defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, politics, origin or gender, not suitable for children aged under 15, damaging to the reputation of the Promoter, or otherwise in breach of any applicable law or unsuitable for publication;
d) will only submit or post Material owned by you which has been created for the purpose of this Competition and has not been submitted in any other competition;
e) will obtain full prior consent from any person who has any rights in the Material, to the uses and terms herein;
f) will not submit or post any Material that contain viruses or cause injury or harm to any person or entity; and
g) will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems;
h) must not do, or refrain from doing, any act which may harm the reputation of the Competition or the Promoter; and
i) consent to the Promoter using your name, likeness, image and/or voice (including any photograph, film and/or recording of you) and the materials/entries submitted by you to participate in the Competition in any media at any time without remuneration for the purpose of promoting the Competition, the Promoter and/or any of the Promoter's products.
24. (Indemnity) Without limiting any other terms herein, you hereby irrevocably indemnify and will hold the Promoter harmless against any cost, claim, damage, expense, loss or liability incurred by the Promoter directly or indirectly arising from or in connection with:
a) a breach of any warranty contained within these Terms and Conditions, including those set out herein;
b) a breach of any of these Terms and Conditions; or
c) a claim or allegation by any third party that the use of the Material by the Promoter infringes the third party’s intellectual property rights in any manner.
Any amount payable by you under this indemnity is payable upon demand by the Promoter. This indemnity survives the termination of the Competition or any agreement between you and the Promoter.
25. (Limitation of Liability) To the full extent permitted by law, the Promoter assumes no responsibility, and excludes all liability, for any:
a) error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise,
b) theft, destruction or unauthorized access to, or alteration of such communications;
problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition;
c) incorrect or incomplete information which may be communicated in the course of the administering the Competition (whether as a result of one of the foregoing causes or otherwise);
d) 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;
e) variation in Prize value to that stated in these conditions;
f) tax liability incurred by a Winner or you; or
g) loss, harm or sufferance arising out of a Winner’s use of, or acceptance of, a Prize.
26. (Exclusion of Liability) Other than in relation to any non-excludable consumer guarantees under the Australia Competition and Consumer Law 2010 or any equivalent legislation, to the full extent permitted by law, the Promoter excludes all liability for any loss (including any damage, claim, injury, death, cost or expense) howsoever caused which is suffered or incurred by you or any entrant in connection with the Competition or Prizes, including but not limited to any:
a) indirect, economic or consequential loss;
b) loss arising from the negligence of the Promoter;
c) liability for personal injury or death; or
d) conduct of a third party Prize supplier.
27. (CAUTION) ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THIS COMPETITION OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY SUCH ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY SUCH DAMAGE, INTERFERENCE OR UNDERMINING.
28. (Privacy Notice)
a) Your personal information will be collected by or on behalf of the Promoter to enable it to administer the Competition and publicise its Winner(s) and may be disclosed to third parties in order to market the Promoter and third party products to you. Winners’ names may published as required under the applicable law. For purposes of public statements and advertisements the Promoter will only publish the Winner’s surname, initial and state.
b) The personal information of each Winner may be provided to others assisting in the conduct of the Competition, including the administrator, prize suppliers and deliverers, and to regulatory authorities. You may contact the Promoter on (02) 9299 9655 during business hours, or by visiting www.boost.com.au to obtain details of the Promoter’s Privacy Policy and request access to, or corrections of, any of your collected personal information that is held by the Promoter. If you do not provide accurate personal information the Promoter may determine that you are not eligible to win a Prize.
29. (Accuracy of information) By entering the Competition you represent and warrant to the Promoter that the information that you provide to the Promoter is true, accurate and complete and not misleading in any manner. You agree to make yourself available at the Promoter’s request for audit purposes to satisfy the Promoter of the claims made in your entry or application into the Competition. You may be asked to provide further evidence to substantiate the details of your entry and this evidence must be provided within the timeframe stipulated by the Promoter. Failure to provide this evidence, if requested, may result in disqualification from the Competition and forfeiture of any right to a Prize.
30. (Changes to terms and conditions) Subject to any applicable law, the Promoter reserves the right to alter these Terms and Conditions, withdraw any prize from the Competition or alter or cancel all or part of the Competition in its absolute discretion without notice to you.
31. (No affiliation) Each entrant acknowledges that this promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook and agrees to hold Instagram and Facebook harmless against any cost, claim, damage, expense, loss or liability incurred by the entrant directly or indirectly arising from or in connection with their participation in this competition.
32. (Release) You acknowledge and agree that the Competition is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook and you to the full extent permitted by law you hereby irrevocably release and waive any claim (of any nature) you may have against Instagram or Facebook in connection with the conduct of the Competition.
33. (Governing Law) These Terms and Conditions are subject to, and governed by, the laws of the state of New South Wales