Volley Ultimate Procrastinator Pack Competition 2018 (“Promotion”)
Terms and Conditions
Promoter: Brand Collective Pty Ltd ACN 098 742 628 of 332 Lorimer Street, Port Melbourne, Victoria, 3207, Australia, which is the licensee of the Volley brand in Australia.
Volley Ultimate Procrastinator Pack Competition 2018 (“Promotion”)
Terms and Conditions
Promoter: Brand Collective Pty Ltd ACN 098 742 628 of 332 Lorimer Street, Port Melbourne, Victoria, 3207, Australia, which is the licensee of the Volley brand in Australia.
How to Enter
Information on how to enter, mechanics of entry and prizes form part of these Terms and Conditions. Entry into this promotion constitutes acceptance of these Terms and Conditions. It is important that you read and understand these Terms and Conditions.
The Promotion will be conducted on the Promoter’s website www.volley.com.au/competition and via the Promoter’s Facebook at https://www.facebook.com/VolleyAustralia and Instagram account at @volleyaustralia. However, the Promotion is run solely by the Promoter and is not sponsored, endorsed, administered by, or associated with Facebook or Instagram.
The promotional period will commence at 9.00 am (AEST) Thursday, 2 August 2018 and finish at 11:59 pm (AEST) Sunday, 2 September 2018 (“Promotional Period”).
To enter, you must, during the Promotional Period:
As a condition of entry, visit www.volley.com.au/competition and complete online entry form by entering your contact details (as a minimum your first name, last name and email address); and
For one entry, either:
Visit the Volley Facebook page at www.facebook.com/volleyaustralia; and/or
Visit the Volley Instagram account @volleyaustralia; and/or
Visit the Volley website at www.volley.com.au/shop/footwear; (i.e. three entries in total); and/or
For ten additional entries, refer a friend by submitting their email address. A maximum of 100 referrals per person only.
Therefore, a maximum of two thousand and three (2,003) entries per person.
Judging Process and Prizes
Judging will take place at the Promoter’s Premises after the close of the Promotional Period. One (1) winning entry will be chosen (the “Winner”), and ten (10) runners up entries will be chosen (the “Runners Up”). The judges’ decision as to the Winner and Runners Up is final and no correspondence will be entered into. An independent scrutineer may attend the judging.
The Winner will win the following:
One Nintendo Switch valued at $449,
One Kogan 55” 4K LED TV (Series 8 KU8000) valued at $549,
One Mario Odyssey game valued at $69,
One Mario Kart 8 Deluxe game valued at $69,
One Zelda Breath of the Wild Game valued at $79, and
One Nintendo Switch Carry Case Screen protector valued at $39 (“Prize”).
The Runners Up will win the following:
One pair of in-stock Volley shoes selected from the online website on www.volley.com.au.
The name of the Winner and Runners Up will be published on @volleyaustralia Instagram account and the Winner and Runners Up will be advised by email on 3 September 2018. All reasonable steps to notify the Winner and Runners Up of the results of the judging will be taken by the Promoter.
The Winners and Runners Up must claim their Prizes from the Promoter by 11:59 pm (AEST) on Monday 9 September 2018. If a Prize is not claimed by this date, that winning entry will be deemed invalid and the judges will select a new winning entry from the pool of remaining entries, at a time and place to be determined at the Promoter’s sole discretion. Any new winner will be advised of the results of the judging within two (2) days of judging with his or her name being published on @volleyaustralia Instagram account as well as being advised by email.
The Winners and Runners Up will be responsible for any costs associated with redemption of the Prizes. For the avoidance of doubt, the Promoter is not responsible for any item, service, cost, claim or matter not expressly stated to be included in a Prize, howsoever the same may arise.
The Prizes are not transferable or exchangeable and cannot be taken as cash or sold for cash. The Prizes must be taken as offered and cannot be varied. The Prizes are not valid in conjunction with any other offer. The Promoter accepts no responsibility for any taxation implications which may arise from the Prizes. If any component of the Prizes becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a prize of equivalent value will be awarded in lieu.
A winner and/or his or her companion must conduct themselves in a polite and respectful manner while participating in any Prize event and must not behave in any way which might bring disrepute to the Promoter, its activities or products. If the Promoter considers that a Winner or his or her companion is engaging in unacceptable conduct, the Promoter may, in its absolute discretion, require that the Winner and his or her companion leave the event which is the subject of a Prize.
Eligibility of Entrants and Entries
Entry is open to residents of Australia of all ages. The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies who are directly associated with the conduct of the promotion are ineligible to enter.
You may only enter in your own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the Promotion. Any entry of an entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to verify the validity of any entry and to request that you produce (within the requested time) appropriate photo identification or other documentation in order to confirm your identity, eligibility to enter and claim a Prize, and any other information submitted by you in entering the Promotion, before issuing a Prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or you or your entry have not been verified to the Promoter’s satisfaction then your entry will be ineligible and deemed invalid. The Prizes will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
Entries will be deemed accepted and final at the time of receipt by the Promoter. The Promoter accepts no responsibility for late, lost or misdirected entries.
Any entry that contains content that the Promoter (in its absolute discretion) considers to be incomplete, inaccurate, erroneous, ineligible, incomprehensible, offensive, objectionable or inappropriate in any way will be deemed invalid.
Liability, Indemnities and Warranties
Subject to the relevant regulatory authority prior written approval in each state in which the Promotion is being conducted, the Promoter may cancel, modify, suspend or delay the Promotion at any time if something happens that is beyond its reasonable control, including for any technical or operational reason or by reason of anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion.
Nothing in these Terms and Conditions purports to limit, exclude or modify the non-excludable statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 or similar consumer protection law in the states and territories of Australia.
Subject to clause 19 above, the Promoter, its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law, for any direct or indirect injury, loss and/or damage arising in any way out of the Promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, the promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prizes; (iv) acceptance and/or use of a prize; (v) personal injury or death and/or (vi) property damage.
By entering this Promotion, you warrant to the Promoter that your entry does not contain content that:
violates the privacy rights, copyright, contract rights or other rights (including but not limited to intellectual property rights) of any person, corporation or entity;
is illegal, contrary to any laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable;
includes an image or reference to another person that you have submitted without that person's consent;
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
is contrary to the requirements or directions of relevant regulators;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spamming"; and/or
contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
The Promoter reserves the right to disqualify you for: (a) tampering with the entry process; (b) submitting an entry which is not in accordance with these Terms and Conditions; or (c) if you are 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 you are reserved.
Privacy
As a condition of entering this Promotion, you consent to the Promoter using your entry (including your Photograph), name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the Promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. You also agree that, in the event you are the Winner, you will participate in all reasonable promotional activities in relation to the Promotion as requested by the Promoter and its agents.
By entering the Promotion, you consent to the use of your personal information as set out in this Clause 24. The Promoter may collect and use personal information submitted by you for the purpose of conducting the Promotion. If the personal information requested is not provided, you cannot participate in the Promotion and are deemed ineligible. Personal information may be provided to third party organisations, including but not limited to agents, contractors and service providers of the Promoter, and, if required may be provided to Australian regulatory authorities. You can stop this information being used for this purpose by contacting the Promoter. All personal information will be stored at the office of the Promoter. A copy of the Promoter’s Privacy Policy in relation to the treatment of personal information collected can be found at http://www.volley.com.au/privacy-policy. To request access, update or correct information, or for any another privacy related questions, please contact the Promoter’s Privacy Officer on the contact details listed in Clause 1 of these Terms and Conditions. All entries become the property of the Promoter.
Severability
Any provision (or part thereof) of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. This does not invalidate the remaining provisions (or parts thereof) of these Terms and Conditions nor affect the validity or enforceability of that provision (or part thereof) in any other jurisdiction.
Amendments to Terms and Conditions
The Promoter reserves the right to amend, delete or add to these Terms and Conditions, subject to any regulatory authority requirements, at any time without prior notice. You will be bound by such changes. The Promoter will post any changes to the Terms and Conditions on volley.com.au/terms
Governing Law
These terms and conditions are governed by, and are to be construed in accordance with, the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction in Victoria and any court hearing appeals from those courts. These terms and conditions are also governed by the laws administered by the gaming and wagering entity in each state in which the Promotion is being conducted, example being the Gaming and Wagering Commission of Western Australia.
END
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.
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