Terms and Conditions
PS5 and TV Giveaway
TERMS AND CONDITIONS
The Road and Beyond Group Pty Ltd (ACN 645 745 624) ATF The Road and Beyond Group Unit Trust (ABN 43 831 015 128)
2/2 Tullamarine Park Road, Tullamarine, VIC 3043, Australia
info@theroad and beyond.com.au
12:00am AEST February 25 2021
11:59pm AEST march 28 2021
Entries outside of the Promotional Period will not be accepted.
The Prize will be drawn on 2nd April 2021 at 4:00pm AEST.
Sony PS5 and Sony 65” TV
Total Prize Pool: $2600
Entry is open to all Australian residents
We sell Road digital Packs, (as set out on our website), through our website.
To enter and be eligible for the Prize, Entrants must, during the Promotional Period, purchase a Road digital Pack through the Promoter’s website available at www.theroadandbeyond.com.au or any one of the Promoter’s affiliate websites (Sites) in accordance with the instructions provided on the Sites.
The number of entries you have in the Promotion will be determined by which Road digital Pack you buy (some Road digital Packs will give you multiple entries into the Promotion), and how many Digital Road Packs you buy. You may only buy one of each type of Digital Road Pack.
Entrants will be required to provide all mandatory information that may include, but is not limited to, the Entrant’s full name, email address and contact telephone number.
Draw and Venue
The draw or selection to determine the winning Entrant for the Promotion, as the case may be, (Draw) will take place at Langama Park 109 Mitchells Lane, Sunbury VIC and will be live streamed on the Promoter’s Facebook and Instagram accounts. The Promoter will conduct the Draw to determine the winning Entrant by way of a barrel draw.
- Terms and Conditions: Information on eligibility, mechanisms on how to enter, prizes and the information in the Schedule form part of these Terms and Conditions. Participation in the Promotion is deemed acceptance of these Terms and Conditions.
- Promotional Period: The Promotion commences on the Start Date and concludes on the End Date as particularised in the Schedule.
- Eligibility: You must meet the Eligibility Conditions specified in the Schedule. All entries by persons who are under the age of 18 years and do not have the consent of their legal guardian or who enter the Promotion without disclosing or by attempting to conceal their age will be deemed invalid.
- Verification of entries: The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s identity, age and place of residence) and to disqualify any Entrant who has not met or does not meet the Eligibility Conditions. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- How to enter: To enter and be eligible, Entrants must, during the Promotional Period, satisfy the Eligibility Conditions and correctly submit an entry in accordance with the Entry Procedure, as particularised in the Schedule. All entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission or submission. All entries are final.
- Game of chance: As the Promotion is a game of chance, and subject otherwise to these Terms and Conditions, skill plays no part in determining the winning Entrant and each valid entry will NOT be individually judged. Each entry has an equal chance of winning. The winning Entrant will be confirmed by the Promoter.
- Expenses: Entrants are responsible for any and all expenses incurred when entering the Promotion and accessing, claiming and/or using the Prize (unless otherwise stated on the Sites). This does not include the costs associated with Promoter delivering the Prize to the winning Entrant.
- Prize: The Prize will be awarded in the name of the winning Entrant, in accordance with these Terms.
- Winning Entrant: The winning Entrant in the Draw, if any, will be notified by email and/or telephone within 48 hours of the Draw.
- Promoter’s Decision is Final: The Promoter’s decision is final and no correspondence will be entered into with Entrants regarding the decision.
- Cash Redemption: Subject to clause 22, the Prize is not transferable and not redeemable for cash.
- Redemption Period: The redemption period, during which the Prize may be claimed commences on the Draw Date and ends 3 months from the date thereof. If the winning Entrant does not claim the Prize within the Redemption Period and provide a location (must be within Australia) for delivery of the Prize to the winning Entrant (Delivery Location), the Prize will be deemed to be forfeited by the Entrant.
- Unclaimed Prize Draw: If any Prize remains unclaimed in accordance with clause 12, a second draw or selection for the Prize (Unclaimed Prize Draw), will take place on the first business day after the expiry of the Redemption Period at the same time, place and manner as the original Draw, subject to any directions from a regulatory authority. The Promoter may conduct the Unclaimed Prize Draw without the need to seek approval from the relevant regulator in NSW, Australia. The alternative winning Entrant, if any, will be notified by email and/or telephone within 48 hours of the Unclaimed Prize Draw.
- Unavailable Prize: If any Prize is unavailable and the Promoter has used all reasonable efforts to arrange the Prize, the Promoter may, in its absolute discretion, reserve the right to substitute the Prize with a prize of equal value and/or specification, subject to any written directions from a regulatory authority.
- Automated Entry Software: The use of automated entry software or other mechanical, electronic or other means that allow an Entrant to automatically enter the Promotion repeatedly is prohibited and will render all entries submitted by the Entrant invalid.
- Invalid entries: In the event that a winning Entrant’s entry is deemed or found to be invalid, the Promoter may redraw or decide on another winning entry.
- Travel: If the Prize involves travel, the components of the Prize must be taken together when offered or are forfeited. If the Prize involves travel and is awarded to multiple people, the winning Entrant and their companion(s) must travel together and depart from and return to the same departure point. The winning Entrant may not accrue any frequent flyer points from making use of the Prize. Any travel and accommodation (if any) is subject to availability and may be dependent on travel class availability and specific room category availability. Travel and accommodation will be arranged by the Promoter or an agent nominated by the Promoter.
- Dangerous activity: Where the Prize involves dangerous activity, the winning Entrant acknowledges the inherent risk in such activity and further acknowledges that use of the Prize may result in injury or death. The winning Entrant participates in the activity at their own risk. In claiming and making use of a Prize which involves dangerous activity, the winning Entrant must (and any companion(s)):
- attend, undergo and pass any appropriate training, briefings, safety demonstrations, required medical tests and other requirements (including blood alcohol testing) of the Promoter and/or any supplier of the Prize or any part of the Prize, as determined in their absolute discretion;
- declare to the Promoter and/or any supplier of the Prize or any part of the Prize, any health-related issues that may affect their safe participation in any part of the Prize and obtain a written clearance from a doctor in this respect;
- not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in any part of the Prize;
- not be under the influence of any drugs including alcohol;
- comply with all directions of the Promoter and/or any supplier of the Prize or any part of the Prize and any relevant officials; and
- wear all safety and other equipment required.
- Safety: The Promoter and/or any supplier of the Prize or any part of the Prize may in their absolute discretion:
- reserve the right to refuse to allow the winning Entrant or their companion(s) (if any) to take part in any or all aspects of the Prize if they reasonably believe the winning Entrant or their companion(s) (if any) represent a safety risk or for any other reason; and
- may cancel the relevant component of the Prize if the conditions are deemed dangerous.
- Motor vehicle: Where a motor vehicle is awarded as a Prize, to be eligible to claim the Prize, the winning Entrant must be capable of obtaining the necessary motor vehicle registration for the Prize in its name, in accordance with the applicable State or Territory legislation in which the Prize is collected. If the winning Entrant is, through any legal incapacity or otherwise, unable to register the Prize in their own name, then the winning Entrant may assign the Prize to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangement between the winning Entrant and the assignee.
- Attendance at a show: Where any part of the Prize includes attendance at a show or event, if the show or event is cancelled, postponed or abandoned for any reason, the winning Entrant will forfeit all rights to attend the show or event and no cash or alternative tickets will be substituted in lieu.
- Cash: Where cash is awarded as a Prize, Prizes will be awarded in the form of a bank cheque, via PayPal transfer (fees may apply and are the responsibility of the winning Entrant) or electronic funds transfer to the winning Entrant’s nominated bank account, at the Promoter’s election.
- Publicity: The winning Entrant’s full name will be published in a national newspaper, and/or on the Sites, at www.theroadandbeyond.com.au and on the Promoter’s social media accounts, including but not limited to, Facebook, Twitter and Instagram. By entering the Promotion, the winning Entrant consents to the publication of such information. By entering the Promotion, Entrants consent to the Promoter using their name, likeness, image and/or voice in the event that they are a winning Entrant (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting the Promotion (including any outcome), and promoting the Promoter’s business and any products manufactured, distributed and/or supplied by the Promoter. The Entrant further agrees that they will participate in all reasonable promotional activities in relation to the Promotion as requested by the Promoter and its agents.
- Non-Excludable Guarantees: Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Consumer Act 2010 (Cth) or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees).
- Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, the Promoter will not be liable under these Terms and Conditions for any consequential loss including but not limited to loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
- Liability: Except for any liability that cannot be excluded by law (including the Non-Excludable Guarantees), the Promoter (including its respective officers, employees and agents) will not be liable to an Entrant for, and the Entrant indemnifies, waives and releases the Promoter in respect of all liability (including but not limited to all expenses, costs, damages, claims, losses) arising in any way out of or in connection with:
- any act or omission of the Entrant;
- any breach of these Terms and Conditions by the Entrant;
- any Force Majeure;
- a matter arising out of clause 28;
- the winning Entrant or their companion(s) (if any) being unable to use any or all aspects of the Prize as a result of clauses 18 and 19;
- any personal injury or loss;
- claiming the Prize;
- use of the Prize in any way;
- any theft of any Prize or unauthorised access or third party interference in the Promotion;
- any entry or Prize claim that is late, lost, altered, damaged, delayed or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or
- any tax liability incurred by a winning Entrant.
- Force Majeure: If performance of the Promotion, provision or use of the Prize (or any part of it), or any obligation under these Terms and Conditions is prevented, restricted, or interfered with by a Force Majeure Event, and if as a result the Promoter is unable to carry out its obligations or to provide the Entrant with the Prize (or any part of it), the Promoter may in its absolute discretion, subject to any written directions made under any applicable legislation, cancel, terminate, modify or suspend the Promotion and/or, if necessary, provide an alternative prize or prizes to the same value as the original Prize. The Promoter will give public notice of such an event and that the Promotion has been cancelled, terminated, modified or suspended. Force Majeure Event means any event or circumstance beyond the Promoter’s reasonable control includes but is not limited to epidemics, pandemics and Government sanctioned restrictions and orders, whether known or unknown at the Start Date of this Promotion. The Promoter will use reasonable efforts under the circumstances to avoid or minimise any Force Majeure. An act or omission will be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
- Ineligible Entries: The Promoter accepts no responsibility and will not be liable for any late, lost, delayed, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
- Legal Documentation: To the maximum extent permitted by law, as a condition precedent to accepting the Prize, the winning Entrant must sign any legal documentation as and, in the form, reasonably required by the Promoter and/or Prize suppliers, including but not limited to a legal release and indemnity form.
- Online entries: In the event that a dispute arises as to the identity of an online Entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address. The authorised account holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organisation that is responsible for assigning email addresses for the domain associated with the email. The Promoter may ask any Entrant to provide the Promoter with proof that such party is the authorised account holder of the email address associated with the entry.
- Personal information: The Promoter collects personal information in order to conduct the Promotion and for other purposes as set out in the entry form or page for the Promotion and may, for this purpose, collect, use and disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and as required, to regulatory authorities. Entry is conditional on providing this information. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries including the personal information in them becomes the property of the Promoter.
- Linked Sites: The platform for the Promotion may contain links to other websites (Linked Sites). The Promoter does not endorse and is not responsible for the content of any Linked Sites. Any Linked Sites displayed on the platform are for the Entrants’ convenience only and the Entrant agrees to access, use and otherwise deal with Linked Sites at their own risk.
- General: Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the Promotion, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.
- Amendments: These Terms and Conditions may be amended or replaced from time to time if required by any regulatory authority.
- Jurisdiction: These Terms and Conditions are governed by the laws of the States and Territories in which the Promotion is conducted and the Commonwealth of Australia. Entrants submit to the jurisdiction of the courts of their State or Territory.
- Disputes: A party may not commence court proceedings relating to any dispute arising from these Terms (Dispute) without first meeting with the other party to (in good faith) resolve the Dispute. If the parties cannot resolve the Dispute at that meeting, either party may refer the matter to a mediator. The parties agree to attend the mediation in good faith. The costs of the mediation will be shared equally between the parties. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court.
- Entire Agreement: These Terms and Conditions represent the entire agreement between the Promoter and any Entrant (including the winning Entrant) and supersede any prior agreement, understanding or arrangement between the Promoter and any Entrant (including the winning Entrant), whether oral or in writing.
- Representations: The Promoter excludes all warranties, guarantees or representations (whether express or implied) except as expressly provided in these Terms and Conditions.
- Contact Details: as per the Schedule.
- Last updated: 08 December 2020
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