Lucky Draw (Competition) Terms and Conditions
1. Participation in the competition is subject to the following terms and conditions and includes all information we provide on how to enter and prizes available. Be submitting an entry into the Competition, you are indicating to us that you agree to be bound by these terms and conditions. Only entries with these terms and conditions will be considered valid and eligible to win.
2. The Promoter is Broad Encounters ABN 55 627 121 895, GPO Box 1548, Melbourne, VIC 3001, Australia, hello@broadencounters.com
COMPETITION PERIOD
3. The competition commences at 5pm AEST on 19/04/2022 and ends at 5pm AEST on 06/05/2022
WHO CAN ENTER THE COMPETITION
4. You are eligible to enter the Competition if you are:
4.1 Ordinarily resident in New South Wales, Victoria, Queensland, South Australia and the Australian Capital Territory
4.2 Aged 18 years or over (Eligible Entrants); or
4.3 Not an Ineligible Person
INELIGIBLE ENTRANTS
5. If a winner is under 18 years of age, then the Promoter reserves the right in its absolute discretion to award the prize to the winn'er’s parent or guardian and to require that the parent or guardian execute such acknowledgement, indemnity and release as reasonably required in the circumstances
6. Ineligible Person means any director, manager, employee of the Promoter, retailers, suppliers, associated entities and agencies associated with this Competition, or any immediate family member of any of those persons
HOW TO ENTER THE COMPETITION
7. To enter, Eligible Entrants must, during the Competition Period:
7.1 Complete the Broad Encounters Membership Survey ‘Close Encounters of the Broad Kind’ and include relevant contact information
8. A limit of one entry applies per person
DRAW DATE AND TIME
9. All valid entires will be included in the draw
10. The draw date will take place at 6pm AEST on 06/05/2022 at GPO Box 1548, Melbourne, VIC 3001, Australia
11. The first valid entry drawn will be the winner of the prize (Winner)
12. The Prize will be announced and distributed in accordance with clause 20 below. Winning is not contingent on being present at the draw.
13. The Prize Draw will be scrutinised by an independent person, unless an exemption is granted by a regulatory authority.
PRIZE (S)
The Prize is a trip for two adults from nearest capital city to Maho Magic Bar Gold Coast including Show tickets, Economy airfares, Transfers to and from the Gold Coast Airport, one night’s accomodation and bottle of sparkling wine. The Prize does not include additional spending money, transfers to home airport, travel insurance which are the responsibility of the winner (Prize). Travel must be taken between 21 May 2022 and 22 May 2022 and is subject to availability. All expenses other than those expressly referred to in this clause will be at the winner’s and their companion’s cost. The Promoter will not be liable for the failure of the winner to meet travel schedules or cancellations and no cash or other prize will be awarded if the winner or the companion cancels for any reason. The Prize is not transferable and is not redeemable for cash (Prize).
14. All taxes (excluding GST), which may be payable as a consequence of receiving the prize, are the sole responsibility of the winner.
15. The Promoter is not liable for any loss, damage or injury suffered (even if caused by negligence) as a result of the Winner(s) accepting and/or using the Prize, except for any liability which cannot be excluded by law.
16. Eligible Entrants acknowledge that use of, or participation in, the Prize carries inherent risk. Eligible Entrants acknowledge that use of the Prize may be dangerous and if they (and any other person(s) sharing the Prize with the winner) choose to participate in the Prize they do so at their own risk. Use of the Prize may be subject to obtaining medical clearance. The Promoter or Prize supplier may require the winner to sign an agreement releasing the Promoter and/or Prize supplier from all liability arising from the winner’s use of the Prize.
17. Promoter is not responsible for any loss, damage or injury suffered by any winner as arising from, or in connection with the Prize supplied by the prize supplier, or the conduct of the prize supplier.
PRIZE DELIVERY
18. Prizes will be delivered, paid or transferred to the winner within 30 days
PRIZE SUBSTITUTION
19. In the event that the Prize (or any part of the Prize) becomes unavailable for reasons beyond the Promoter’s control, the Promoter may (in the Promoter’s sole discretion) substitute a prize (or the relevant part of a prize) with a prize or equal or greater value subject to any contrary direction from a regulatory authority.
WINNER NOTIFICATION AND PUBLICATION
20. Winners will be notified within twenty four hours.
21. Winners will be notified in writing by email or by SMS to the email address or phone number submitted at the time of entry.
UNCLAIMED PRIZES
22. All prizes will be distributed during or after the close of the competition.
23. The Promoter will make reasonable efforts to identity and locate the Prize winner.
24. Any unclaimed Prize will be disposed of by the Promoter by any means and at the Promoter’s sole discretion. The money realised (after deducting reasonable costs for sale or disposal) will be held in trust for the initial winner by the Promoter for three months after the Prize Draw Date and until a substitute winner is drawn in the Unclaimed Prize Draw.
25. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may (where necessary with the approval of the relevant lottery authority) modify, cancel, terminate or suspend the promotion.
USE OF ELIGIBLE ENTRANT’S PERSONAL INFORMATION
26. Personal information including Eligible Entrant’s name, address, telephone number, email and nominated bank account details will be collected and used for the purpose of conducting this Competition. This may require disclosure to third parties, including local regulatory authorities and the Promoter’s agents or third party service providers, for the purpose of conducting the Promotion, or for promotional and marketing purposes (including for direct marketing) (Purpose).
27. By entering the Competition, Eligible Entrant’s consent to the use of their personal information for the Purpose, and that the Promoter may contact them for future marketing and material purposes without payment. Eligible Entrants agree that the Promoter may use this information for that purpose.
28. Eligible Entrants may access, change or update their personal information by emailing the Promoter on hello@broadencounters.com during office hours.
INTELLECTUAL PROPERTY AND MORAL RIGHTS
29. By entering this Competition, Eligible Entrants license the Promoter to use the content of their entry in any way the Promoter wishes (including modifying, adapting, copying, publishing, broadcasting or communicating the entry whether in original or modified form in whole or in part) in all media in perpetuity without payment to the Eligible Entrant in royalties or compensation.
30. By entering this Competition, Eligible Entrants consent to the Promoter dealing with their entry content in any way that may otherwise infringe the Eligible Entrants moral rights and agree not to assert their moral rights (wherever such rights are recognised) in respect of their entry against the Promoter or its assigns, licensees or successors.
31. Eligible Entrants warrant that their entry is not in breach of any third party intellectual property rights.
PUBLICITY
32. Eligible Entrants consent to the Promoter using their name, likeness, image and/or voice in the event that they are a winner in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting this Competition (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter.
GENERAL CONDITIONS
33. The Promoter’s decision is final and binding and no correspondence will be entered into. The Promoter accepts no responsibility for late, lost or misdirected entries or other communications. Entries will be deemed void if illegitimate, forged, manipulated or tampered with in any way.
34. Should an Eligible Entrant’s contact details change during the competition Period, it is the Eligible Entrant’s responsibility to notify the Promoter. A request to access or modify any information provided as part of the redemption of a Prize should be directed to the Promoter.
35. The Promoter reserves the right to request verification of the social media profile of eligible entrants and of the age, identity, residential address of winners and any other information relevant to entry into or participation in this promotion. Verification is at the discretion of the Promoter, whose decision is final. The Promoter reserves the right to disqualify any individual who submits an entry that is not in accordance with these terms and conditions, or who is involved in any way in interfering or tampering with the conduct of this promotion. Failure by the Promoter to enforce any of its rights does not constitute a waiver of those rights.
36. The Promoter reserves the right to disqualify any individual who is involved in any way in interfering or tampering with the conduct of this Competition 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 Competition.
37. The Winner has rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter. These terms and conditions do not exclude, restrict or limit those statutory rights in any way. however to the extent that it is permitted to do so, the Promoter excludes all liability whether arising in tort, contract or otherwise for any personal injury or any other loss or damage whether direct, indirect, special or consequential, arising in any way out of the Competition, including without limitation.
a) Any technical difficulties or equipment malfunction
b) Any theft, unauthorised access or third party interference
c) Any entry 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
d) Any variation in market value to that stated in these terms and conditions
e) Any tax implications or
f) The Prize or use of the Prize
38) If for any reason beyond the reasonable control of the Promoter this competition is not capable of running as planned, the Promoter reserves the right in its sole discretion to take any action that may be available to it, and to cancel, terminate, modify or suspend the Competition, unless to do so would be prohibited by law.
39) The Promoter reserves the right to cancel, terminate, modify or suspend the Competition or amend these terms and conditions subject to any directions from a regulatory authority.