1. OVERVIEW: The Mavericks website (the Website) and the Mavericks Loyalty App (the App) (collectively the Services) are operated by Mavericks Investments Co Pty Ltd (Mavericks). Throughout the Services, the terms “we”, “us” and “our” refer to Mavericks. Mavericks offers the Services, including all information, tools and offerings available from the Services to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 1.2 By visiting our site and/ or purchasing something from us, or by registering for the App, you engage in the “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 1.3 Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Service, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 1.4 Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 2. ONLINE STORE TERMS. 2.1. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Services. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 2.3. You must not transmit any worms or viruses or any code of a destructive nature. 2.4. A breach or violation of any of the Terms will result in an immediate termination of your Services. 3. GENERAL CONDITIONS: 3.1. We reserve the right to refuse service to anyone for any reason at any time. 3.2. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. 3.3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. 3.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION: 4.1. We are not responsible if information made available on the Services is not accurate, complete or current. The material on the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Services is at your own risk. 4.2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 5. MODIFICATIONS TO THE SERVICE AND PRICES: 5.1. Prices for our products are subject to change without notice. 5.2. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. 5.3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 6. PRODUCTS OR SERVICES OFFERINGS (if applicable) 6.1. Certain products or offerings may be available exclusively online through the website. These products or offerings may have limited quantities. 6.2. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. 6.3. We reserve the right, but are not obligated, to limit the sales of our products or Services offerings to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. 6.4. We reserve the right to limit the quantities of any products or offerings that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on. 6.5. This site the Services is void where prohibited. 6.6. We do not warrant that the quality of any products, offerings, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 7. JOINING THE MAVERICKS LOYALTY APP: 7.1. You must join Mavericks to receive and redeem Benefits (explained below). 7.2. You can join Mavericks by: 7.2.1. registering on the Website by providing your given name, family name, current email address, Australian postcode for your home and a password. You can also provide preferences, a nickname and a mobile phone number. We’ll then send you an activation email and you’ll need to follow the prompts; or 7.2.2. using social sign-in via a social media platform as shown on the registration page; or 7.2.3. using another method we provide to you and following the prompts set out in that invitation, to create an account (Account). 7.3. You must provide current, correct and complete information when you register your Account. 7.4. You are only able to register and maintain one (1) Account and the Account must be in your own name. You must not use another member’s Account. 7.5. You can manage your Account via the Website, including changing any of the information provided and deleting your Account. 7.6. We can refuse membership and Account registration requests. This includes where you have previously been banned from the Website or another website. 7.7. We can refuse requests for log-ins that are the same as or similar to existing log-ins; or are inappropriate, offensive, obscene, abusive, defamatory or illegal; or infringe copyright, contain brand names, company names, or registered trademarks; or contain names of high profile or public figures; or contain words promoting political, religious, social, or economic issues; or use the name of another person. 7.8. We may ask you to produce ID to confirm your details and eligibility. If you choose not to provide ID, we may cancel your Account. 7.9. You must keep your Account details confidential. You are responsible for any activity on your Account. You must immediately notify us of any unauthorised use of your Account or password or any other security breach. 7.10. It is your responsibility to delete your Account when you no longer wish to be a member. 7.11. The App and Benefits will continue for as long as we decide. 7.12. If we terminate the App, you will have until 90 days from the termination, or until the expiration date of your Benefits, whichever is earlier, to use your Benefits. We will not be liable for the termination of the App or loss of your Benefits. 8. LOYALTY APP BENEFITS: 8.1 We may offer Apps, loyalty points and rewards, gifts, prizes or other benefits to Mavericks members (Benefits). We decide about the nature, quantity, availability and award of Benefits in our discretion. Additional details about our Mavericks Rewards program are set out in section 5 and in the Mavericks App. 8.2. To redeem a Benefit, you must follow the instructions provided by Mavericks and/or the Benefit Partner. You are responsible for any additional costs which you incur in redemption of a Benefit, such as travelling to and from a Mavericks store. 8.3. You must redeem a Benefit within the time stated. Otherwise, it will expire. There may be limits on the number of Benefits you can receive, or other conditions such as time of day, day, availability at particular Mavericks store or similar. Subject to law (including your rights under the Australian Consumer Law), these are subject to change without notice. 8.4. Subject to your rights under the Australian Consumer Law and these Terms, we are not responsible if a Benefit is or becomes unavailable. If a Benefit or part of it becomes unavailable for a reason beyond our reasonable control, we can award a similar item of equal or greater value. Subject to your rights under the Australian Consumer Law, we are not responsible for any variation in Benefits or their value. 8.5. Benefits cannot be used in conjunction with any other Benefit, claim, offer, upgrade, promotion or discount or similar. 8.6. It is your responsibility to ensure that Benefits are suitable for you. 8.7. Mavericks or the Benefit Partner may ask you to provide photo ID to confirm you are the Account holder before you can redeem a Benefit. 8.8. Benefits must be taken as offered and cannot be sold, transferred, assigned or otherwise dealt with. Benefits are not replaceable if lost or stolen. Benefits will be void if any tokens, certificates or other validations are stolen, forged, mutilated or tampered with in any way. Benefits are not exchangeable and cannot be taken as cash. We have no responsibility for any tax implications – you should seek your own advice. 8.9. If a Benefit Partner is providing the Benefit, they are responsible for the Benefit, not us, and they are not our agent (and we are not their agent). If you have questions about the Benefit, you should ask the Benefit Partner. Subject to your rights under the Australian Consumer Law, we are not liable for availability, quality or fitness for purpose of Benefits offered by a Benefit Partner. 9. USING THE LOYALTY APP: 9.1. You download, install, access and use the App at your own risk and cost, including Internet App provider costs. 9.2. All material and logos on the App remain our property. 9.3. You must not attempt to decompile, reverse engineer, disassemble or otherwise convert the App. 9.4. The App is only for use in Australia. 9.5. Use your own judgement when using the App and take care of your personal safety. In particular, never use the App when driving. 9.6. We are not responsible for the content of any other websites, social media platforms or applications linked to the App. They may have their own terms. 9.7. The App may link to social media platforms and access information you have shared with those platforms, and/or contact you via those platforms or information (for example, sending an email directly to you to the email address provided to the social media platform). 10. SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION: 10.1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 10.2. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 11. SECTION 7 – OPTIONAL TOOLS: 11.1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 11.2. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 11.3. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 11.4. We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service. 12. THIRD-PARTY LINKS: 12.1. Certain content, products and Services available via our Service may include materials from third-parties. 12.2. Third-party links on the Services may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. 12.3. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 13. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS: 13.1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 13.2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 13.3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service. 13.4 or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 14. PERSONAL INFORMATION: 14.1. Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see https://www.mymavericks.com.au/privacy-policy/ 15. ERRORS, INACCURACIES AND OMISSIONS: 15.1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 15.2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. 15.3. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 16. PROHIBITED USES: 16.1 In addition to other prohibitions, as set forth in the Terms of Service, you are prohibited from using the site or its content: 16.2. (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 17. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT: 17.1. The intellectual property rights in all software and content (including photographic images) made available to you on or through this website remain Mavericks property and are protected by copyright laws and treaties around the world. Intellectual Property means all Mavericks existing and future intellectual property rights. This includes copyright, trademarks, patent rights, design registration rights or other rights under common law or statute in any works, inventions, products, know-how, software, reports, designs, material or other things created by Mavericks. All such rights are reserved by us and our licensors.17.2. You are not permitted to publish, reproduce, adapt, store or otherwise distribute, in any format, any of the content or copies of the content supplied to you or which appear on this website nor may you use any such content in connection with any business or commercial enterprise without Mavericks prior written permission except as authorised under the Copyright Act 1968 (Cth). Permission to reproduce or otherwise use the content must be sought from Mavericks. 18. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY: 18.1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 18.2. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. 18.3. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. 18.4. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 18.5. In no case shall Mavericks, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. 18.6. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 19. LOYALTY APP CONDITIONS OF USE: 19.1. We can monitor Account activity. We can terminate or suspend your Account, your Mavericks membership and/or your Website access in our discretion, including if we see signs of fraud, abuse or suspicious activity, or any breach of these Terms. We reserve our rights in the case of any breach of these Terms or our rights, or any unlawful activity. 19.2. If we believe you are using any automated software or other mechanical or electronic automated methods to accept Mavericks membership or receive and/or redeem Benefits, or take advantage of Mavericks Rewards or other promotions, we can suspend or terminate your Account, your Mavericks membership, your ability to place orders on the App, and/or your Website access. 19.3. To the extent permitted by law, the App is provided on an “as is” and “as available” basis without any warranties of any kind either expressed or implied. Mavericks disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose or that the App will be error-free or free from harmful code. 19.4. To the extent permitted by law, we have no liability for any loss or claim that you may suffer or incur as a result of your use of the App. 19.5. Our App comes with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You have rights under the ACL for major and minor failures. In addition to other entitlements, for a major failure you may be entitled to a refund or compensation for the reduced value of goods or Apps. For a minor failure, we may choose to provide you with a replacement or refund for goods or Apps, or re-supply a App. 19.6. To obtain compensation, you will need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of our failure to comply with a consumer guarantee under the ACL. 19.7. The type of remedy we will offer you may vary depending on how long it takes you to make a claim. 20. MAVERICKS’ LIABILITY IN RELATION TO THE LOYALTY PROGRAM: 20.1. You acknowledge and agree that there may be: 20.1.1. delay in issuing you with, or non-issue to you of, any Member Benefits; 20.1.2. acts, errors or omissions by us in the course of providing Member Benefits (including as referred to in these Terms and Conditions); 20.1.3. loss, theft or damage to any documentation in the course of the posting or delivery of that documentation to you; or 20.1.4. a suspension and/or termination of Mavericks program. 20.2. To the maximum extent permitted by law (and provided that nothing in these Terms and Conditions limits your rights under the Australian Consumer Law), Mavericks will not be liable to you in any way for any cause in connection with such matters, including for any unused Benefits at the time of termination of Mavericks program. 20.3. You agree that any comments, suggestions, or recommendations you may receive from Mavericks or others as part of Benefits may not be suitable, accurate or complete and you must not rely on them in a way which may give rise to any loss or damage. If you intend to rely on anything in connection with Mavericks program, your reliance should be based solely on your own judgement, including as to the extent to which you should obtain or use any Benefits. 20.4. Our goods and Apps come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the App, you are entitled: 20.4.1. to cancel your App contract with us; and 20.4.2. to a refund for the unused portion, or to compensation for its reduced value. 20.5. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a App does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the App and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or App. 21 INDEMNIFICATION: 21.1 You agree to indemnify, defend and hold harmless Mavericks and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any and all claims, liability, damages, demand, or costs( including but not limited to, legal fees), made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 22. SEVERABILITY: 22.1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 23. TERMINATION: 23.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 23.2. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 23.3. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 24. ENTIRE AGREEMENT: 24.1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 24.2. These Terms of Service and any policies or operating rules posted by us on the Services or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service) 24.3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 25. GOVERNING LAW: 25.1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales and the Commonwealth of Australia. 26. CHANGES TO TERMS OF SERVICE: 26.1. You can review the most current version of the Terms of Service at any time on this page. 26.2. We reserve the right, at our sole discretion, at any time and without notice to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 27. CONTACT INFORMATION: 27.1. Questions about the Terms of Service should be sent to us at hello@mymavericks.com.au
TERMS AND CONDITIONS, SELFIE PROMOTION – PRIZE CONDITIONS. In order to receive the Prize, the Winner must have posted their Maverick Moment using the #shiremavericks. Winner must download the MyMavericks loyalty app in order for their prize to be uploaded. Prize will be delivered to the winner within 5 days of joining the MyMavericks loyalty app. SOCIAL MEDIA CONDITIONS. This Competition is promoted through Instagram which is a third-party website. By entering this Competition, Entrants may be subject to Instagram’s terms and conditions. This Competition is in no way sponsored, endorsed or administered by, or associated with, Twitter, Facebook and/or Instagram. Entrants understand that they are providing their information to the Promoter, Facebook, and/or Instagram. Entrants are solely responsible and liable for the content of their Entries and any other information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Twitter, Facebook, Instagram and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the Competition. Any questions, comments or complaints about the Competition must be directed to the Promoter, and not to Twitter, Facebook or Instagram. 1. GENERAL. 1.1. The promoter of the Competition is the Promoter. 1.2. By entering this Competition, Entrants agree to be bound by these Terms and Conditions. 1.3. Information on how to enter and prizes form part of these Terms and Conditions. 2. ELIGIBILITY 2.1. Entry is open only to the Entrants, excluding the Exclusions. 2.2. This Competition will be conducted during the Entry Period. The Promoter must receive entries during the Entry Period. Entries received after the Entry Period will not count towards the Competition. The Promoter is not responsible for any late, lost or misdirected entries. 3. ENTRY 3.1. To enter this Competition, Entrants must complete the Entry, subject to the Limit. 3.2. Entry to this Competition via the Website is free. 3.3. Entrants must personally and manually submit an Entry using an internet browser. The Promoter reserves the right to reject an Entry if it reasonably forms the opinion that an Entry has been created and/or submitted using automated entry means or a computer entry service. 3.4. To be eligible to win a prize in this Competition, an Entry must not: a. infringe the intellectual property or other rights of a third party; b. be incomplete or illegible; or c. be unlawful, defamatory, abusive, insulting, threatening, obscene, inflammatory, offensive or otherwise contain content which, in the Promoter’s sole discretion, is inappropriate or objectionable. 3.5. The Promoter reserves the right to verify the validity of an Entry and to disqualify an Entrant for tampering with the entry process or for submitting an Entry that does not, in the Promoter’s sole discretion, comply with these Terms and Conditions. 3.6. All Entries become the property of the Promoter. 4. JUDGING. 4.1. This Competition is a game of creativity, imagination and originality, chance plays no part in determining the winner. All entries will be judged individually on their merits based on the Judging Criteria. 4.2. Judging will take place at the Prize Determination. Entries will be judged by a panel of judges appointed by the Promoter. 4.3. Entrants who submit the best 5 Entries (as determined by the judges) will win one of the five prizes. The judges’ decision is final, and the Promoter will not enter into correspondence regarding the result. 5. WINNERS. 5.1. The Winner will be notified in accordance with the Notification. 5.2. The Winner must claim the Prize within the Claim Period. The Promoter will not be responsible for any delay, loss or damage to the Prize once it has left the Promoter’s or supplier’s premises. 5.3. If the Winner is unable to comply with these Terms and Conditions and/or does not claim the Prize within the Claim Period, the Promoter reserves the right to award the Prize to the Entrant with the next best Entry (Unclaimed Prize Winner), as determined by the judges at the Unclaimed Prize Determination. 6. PRIZES. 6.1. The prize consists of the Prize, valued at the Total Prize Value. 6.2. The Winner’s use of the Prize is subject to: a. the Prize Conditions; and b. additional terms and conditions imposed by the supplier(s) of the Prize (if any), with which the Winner must comply. 6.3. The Prize is not transferable and not redeemable for cash or other goods or services. The Prize must be taken as a whole and as stated in these Terms and Conditions. No alternative will be provided and no compensation will be payable if the Winner cannot use the Prize as such. 6.4. The value of the Prizes is the recommended retail price as provided by the supplier (inclusive of GST) and is correct as at the start of the Competition. 6.5 If the Prize becomes unavailable for any reason, the Promoter, in its sole discretion, reserves the right to substitute the Prize with a prize of equal or greater value and/or specification. 7. DISPUTES. 7.1. These Terms and Conditions are governed by the laws of New South Wales, Australia. In case of a dispute, the courts of New South Wales, Australia will have non-exclusive jurisdiction. 8. YOUR INFORMATION. 8.1. If an Entrant’s contact details change between the date of entry and the Unclaimed Prize Determination, the Entrant must notify the Promoter of his/her updated contact details. 8.2. The Promoter is bound by the Privacy Act 1988 (Cth). Entrants’ personal information will be collected by or on behalf of the Promoter to enable it to conduct the Competition, publicise the name of the Winners and where Entrants have consented to the receipt of such information, send Entrants marketing, advertising and promotional material. 8.3. Entrants’ personal information may be disclosed to third parties who assist the Promoter in conducting this Competition, including regulatory authorities, entities that supply and deliver the Prizes to the Winners, and marketing and communications agencies. 8.4. The Winners’ names will be published and retained as required by relevant legislation and as specified in these Terms and Conditions. 8.5. Entrants can contact the Promoter by mail at 344 Kingsway, Caringbah NSW 2229 or by telephone on 02 9524 7267 to request access to, or corrections of, the Entrant’s personal information held by the Promoter. 8.6. The Winner consents to the Promoter’s use of the Winner’s name, likeness, image, picture, voice, statements, testimonials or quotations for promotional, marketing and publicity purposes in any media worldwide, without any fee being paid to the Winner. 9. RISK AND LIABILITY. 9.1. To the fullest extent permitted by law, the Winner participates in this Competition, and uses the Prize, at his or her own risk. 9.2. To the fullest extent permitted by law, the Promoter, its related bodies corporate and the suppliers, agencies and other companies involved in this Competition assume no responsibility for any error, omission, interruption, defect, delay in operation or transmission, or loss or damage to data. 9.3. If this Competition is not capable of running as planned for any reason (including as a result of technical failures, fraud or causes beyond the Promoter’s control), the Promoter may, in its sole discretion, cancel, suspend or change the Competition and re-commence it on similar terms, subject to any directions by regulatory authorities. 9.4. To the fullest extent permitted by law, the Promoter, its related bodies corporate and their respective officers, directors, employees and agents exclude liability for all loss (including loss of data, unauthorised access to data and consequential loss), damage, expenses, death or personal injury suffered or incurred arising out of, or in connection with, this Competition (including in relation to the Winner’s participation in this Competition and use of the Prize). 9.5. These Terms and Conditions are governed by the laws of the State of New South Wales.
