http://nightowl.com.au/
Competition terms and conditions (the "Terms and Conditions")
It is important that you read and understand these Terms and Conditions. If you do not understand these Terms and Conditions, you should seek assistance to understand them.
Competition overview
(a) To enter the NightOwl Spin and Win Competition ("the Competition") entrants must first download the NightOwl Application ("the App") for their AndroidTM or Apple device.
(b) Entrants may then enter the Competition by following the App’s prompts.
(c) By submitting an entry into the Competition, the entrant agrees to be bound by these terms and conditions.
(d) Entry for the Competition will open as part of NightOwl’s 100 Days of Summer promotion from 12.01am AEST 27 October 2014 and will close at 12.00pm AEST 3 February 2015 unless the Promoter notifies entrants otherwise via
www.nightowl.com.au ("the Competition Period").
(e) Entry into the Competition can only be made during the Competition Period.
(f) Entrants may only enter the Competition once per hour during the Competition Period.
(g) After entering the Competition, the App will instantly notify entrants the prize they have won.
(h) Both entry into the Competition and the App are free (except for any normal internet connection charges that may apply to the entrant).
(i) The Competition and the App are not affiliated with Apple Inc. The Competition and App have not been authorised, sponsored, or otherwise approved by Apple Inc. iPhone, iPad and all other Apple product names are trademarks or registered trademarks of Apple Inc.
(j) The Competition and the App are not affiliated with Android. The Competition and App have not been authorised, sponsored, or otherwise approved by Android. Android is a trademark of Google Inc.
Promoter
The promoter of this Competition is Think Convenience Pty Ltd ACN 125 666 953 as Trustee for the NightOwl Unit Trust ("the Promoter").
Eligibility
To be eligible to enter the Competition:
(a) You must be a permanent resident of Australia;
(b) If you are younger than 18 years old your parent or guardian (over the age of 18) will need to agree to these Terms and Conditions (we may contact this person to confirm their agreement); and
(c) Neither you nor anyone in your immediate family may be an employee of the Promoter, affiliated with the Promoter or connected to the Competition in any way.
The Promoter reserves the right, in its sole discretion to:
(a) Determine the identity of an entrant if there is a dispute as to the identity of an entrant.
(b) Disqualify an entrant without notice if the Promoter reasonably believes that the entrant has used automated software or any other mechanical or electronic means that enable the entrant to automatically enter the Competition repeatedly.
(c) At any time cancel or vary the Competition or cancel the award of the prizes.
Winner selection
The Competition is a game of chance. Each entrant has an equal chance of winning a non-major or major prize. The Competition does not involve any elimination rounds.
Prizes
(a) Every entrant will win a prize subject to these Terms and Conditions.
(b) Prizes will be drawn at random immediately after an entrant enters the Competition. Prizes will not be drawn in any order of value.
(c) After entering the Competition, the App will instantly notify entrants the prize they have won.
(d) The prize pool (identifying non-major and major prizes and their values) can be viewed online at
www.nightowl.com.au (e) The prize values are the recommended retail values and are correct at the time of printing. The Promoter is neither responsible nor liable for any change in the value of the prizes occurring between publishing date and date the prizes are claimed. All prize values are in Australian dollars.
(f) Non-major prize winners will receive a barcode from the App, which must be used at a NightOwl store within sixty (60) minutes of receipt.
(g) Major prize winners will claim their prize by contacting the Promoter on 07 30881200 or
marketing@nightowl.com.au within three (3) months of the date the major prize was won. The Promoter will arrange for the major prize to be delivered to the major prize winner’s nominated NightOwl store. After the nominated NightOwl store receives the major prize, the major prize winner will be contacted and asked to come into the store to collect their prize. Upon collection, the major prize winner will be asked to sign a form to confirm that they have received the major prize. It is a condition of accepting the prize that the major prize winner (and their companions) may be required to sign a legal release in a form determined by the Promoter in its absolute discretion. The major prize winner will also be asked to sign a media release. The major prize winner will not be obliged to sign the media release.
(h) If a prize consists of an event, concert or similar and is, for any reason, cancelled, postponed, rescheduled or not available, that prize will be considered as forfeited and no cash alternative offer will be awarded in lieu of the prize.
(i) Prizes are not transferable or exchangeable and cannot be taken as cash.
(j) Subject, where relevant, to any directions given under the legislation regulating the Competition, if a major prize is not claimed by the winning entrant within three (3) months of the date of winning, or forfeited for any reason, the prize will be deemed unclaimed.
(k) Unclaimed prizes will be forfeited by the relevant winner back to the Promoter. The Promoter will place any unclaimed major prizes into a second chance draw. The second chance draw will be drawn after the conclusion of the Competition Period.
Liability and Indemnity
(a) To the extent permitted by law, the Promoter (including its respective officers, employees and agents) is not responsible or liable whatsoever for:
(i) Inaccurate entry information;
(ii) Purported entries that are not received for any reason, including because they are lost or misdirected or that are received but are late or incomplete;
(iii) Any problems or technical failures of any kind, including malfunction of any communication network or lines, computer online systems or network, servers or providers, computer equipment, applications or software;
(iv) Cancellation, modification, suspension or delay of the Competition;
(v) The unavailability or inaccessibility of any service whether or not caused by traffic conjecture on the internet or any website or application;
(vi) Unauthorised human intervention in any part of the Competition;
(vii) Any variation in prize value to that stated in these Terms and Conditions.
(viii) Electronic or human error which may occur in the administration of the Competition;
(ix) Any loss suffered or sustained, to a person or property and including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate, or negligent, by the Promoter, or its servants or agents, in connection with anyone entering into the Competition or agreeing to these Terms and Conditions.
The Competition and Consumer Act 2010 (Cth) as well as other laws in Australia may imply certain conditions, warranties and undertakings and give you other legal rights. If they apply, they cannot be modified or excluded by any contract. You may consider seeking legal advice as to whether they apply to you.
Nothing in these Terms and Conditions generally affects your rights under Australian consumer law and the equivalent State and Territory fair trading legislation regarding consumer guarantees to the extent that such consumer guarantees cannot be excluded by law.
The Promoter is not liable for any loss (meaning any liability, cost, expense, loss or damage including legal costs and disbursements on a full indemnity basis - whether or not a claim is successful) however caused, including, but not limited to, negligence by the Promoter, suffered or incurred by you as a result of entering into the Competition or agreeing to these Terms and Conditions.
Privacy
The Promoter will collect personal information (such as your name and biographical data) as part of the Competition and may disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities.
Publicity
Entrants who win a major prize will be asked upon collection of the prize to sign a media release consenting to the entrant’s name and photograph being used for promotional and marketing purposes on the Promoter’s website, social media platforms (including but not limited to the Promoter’s Facebook and Twitter pages) and in print.
The entrant will have a choice as to whether to sign the media release. If the entrant does not sign the media release, the Promoter will not use the entrant’s personal details for promotional and marketing purposes.
Intellectual property
Unless expressly stated in these Terms and Conditions, your participation in the Competition does not entitle you to the use of the promoter’s intellectual property rights (including any trademarks or copyright for any purpose).
Governing Law
These Terms and Conditions are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the Court exercising jurisdiction there, you may have any right to claim that those courts and at a convenient forum.
Severability
If any clause or part of a clause of these Terms and Conditions is held invalid, unenforceable or illegal, these Terms and Conditions will remain otherwise in full force apart from the clause or part of the clause, which will be severed.
Entire Agreement
These Terms and Conditions constitute the entire agreement between the Promoter and the entrant and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
To the extent permitted by law, any representation, statement or promise made in any negotiation or discussions has no effect except to the extent expressly set out or incorporated by reference in these Terms and Conditions.
Australian Competitions Club
