https://www.pcbyte.com.au/sandisk-256k-promo-t-c“SANDISK CHANCE TO WIN $256K” PROMOTION Terms and Conditions
TERMS AND CONDITIONS
Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. Entry is only open to Australian residents aged 18 years or over.
The following persons are ineligible to participate:
directors, management and employees (and their respective Immediate Families) of the Promoter; and
retailers, suppliers, associated companies and agencies of the Promoter who are associated with this Promotion, including the operators of the Promotional Websites and their directors, management and employees (and their respective Immediate Families)
Immediate Family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
Promotion starts at 00:01 AEDT on 18/11/2017 and closes at 23:59 AEDT on 18/12/2017 (“Promotional Period”). To enter, entrants must purchase any SanDisk® memory card of 256GB or less, (each an "Eligible Product") from the PC Byte website www.pcbyte.com.au or the PC Byte eBay page http://stores.ebay.com.au/Pc-Byte-Store
(together, the "Promotional Websites") and accept these Terms and Conditions, during the Promotional Period.
An entry must be received by the Promoter before the close of the relevant draw or it will not be accepted. Entries are deemed to be received at the time of receipt by the Promoter, not at the time of electronic transmission by the entrant.
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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved. Multiple entries are permitted, subject to only one entry being permitted per transaction of Eligible Product(s) (regardless of the number of Eligible Products purchased in that transaction).
All entrants must retain, as proof of purchase, their original receipt for the transaction relating to their entry. The Promoter may, as a precondition to a winner claiming a prize, require the original receipt to be produced.
If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant
There will be one (1) major draw for this promotion. Entries for the major draw close at the end of the Promotional Period. The major draw will take place at April5 Pty Ltd, 2/42 Balgowlah Road, Balgowlah NSW 2093 at midday AEDT on 20/12/2017. The winner will be determined at random by an electronic draw process. The first valid entry drawn in the major draw will win that entrant (“Participant”) the opportunity to play a contingency game (“the Game”) for the chance to win either $1,000, $5,000 or $256,000 in cash (“the Major Prize”).
The Participant will be notified by telephone within two (2) business days of the draw and invited to play the Game and his/her name and residential address will be published on www.pcbyte.com.au
If the Participant cannot play the Game or the Participant does not wish to personally play the Game for any reason, the Participant may appoint a proxy over 18 years of age to play the Game on his/her behalf provided the Participant gives the Promoter written, signed notice to that effect before the start of the Game.
The Game will take place on the 25/01/2018 at a venue in Sydney, NSW at a time to be decided by the Promoter and advised to the winner at the time of winner notification. In order to participate in the Game, if the Participant or his/her proxy resides outside of Sydney, NSW, he/she will receive one (1) return economy airfare from his/her or his/her proxy's nearest capital city in Australia to Sydney, NSW and one night accommodation for one person valued at up to $2,500 depending on point of departure. If the Participant or his/her proxy resides within 100kms of Sydney, NSW, the Participant will be responsible for his/her or his/her proxy's transport to and from the Game.
All costs not expressly listed in paragraph 14 above, including but not limited to, spending money, meals, taxes (excluding airline and airport taxes), insurance, transport to and from departure point, transfers, items of a personal nature (including but not limited to in-room charges) and all other ancillary costs are not included.
All bookings will be made by the Promoter or its agent, and the Promoter or its agent has sole discretion to choose itineraries, airline carriers, hotels, and any other service providers or prize suppliers. The Promoter may refuse any requested changes. The Participant will be solely responsible for the payment of any change, amendment or cancellation fees incurred as a result of the Participant changing or cancelling a booking. Any unused portions of the major draw prize will be forfeited.
There will be twenty (20) numbered SanDisk flash drives on display at the start of the Game. Each flash drive will contain a file with a pre-written number in it, and this number corresponds to a numbered security envelope. Each security envelope contains a pre-printed symbol. There are two (2) winning symbols and eighteen (18) non-winning symbols. The Participant or his/her proxy must choose only two (2) flash drives without touching, handling or interfering in any way with any of the other flash drives on display. If the Participant or his/her proxy is found to have breached this condition, he/she will be disqualified. The Participant or his/her proxy will then be directed to connect the flash drives selected to a computer device provided by the Promoter’s representatives to reveal the number on each file. The corresponding envelopes will then be opened to reveal the symbols.
If the Participant or his/her proxy’s selections result in both winning symbols (i.e. two (2) winning symbols) being revealed, then, subject to verification by the Promoter (and any relevant third party authorities), the Participant will win $256,000. If the Participant or his/her proxy’s selections result in one (1) winning symbol being revealed and one (1) non-winning symbol being revealed, then, subject to verification by the Promoter (and any relevant third party authorities), the Participant will win $5,000. If the Participant or his/her proxy’s selections result in no winning symbols (i.e. two (2) non-winning symbols) being revealed, then the Participant will win $1,000.
The Participant will win at least $1,000. The Participant’s odds of winning the $256,000 prize are 1 in 190. The Participant’s odds of winning the $5,000 prize are 1 in 10. The odds of being drawn as a Participant will depend upon the number of entries received during the Promotional Period. The Major Prize won by or on behalf of the Participant in the Game will be awarded to the Participant pending their Final Selection, and post verification by the Promoter and any relevant third parties via EFT to the Participant's nominated valid Australian bank account, within 20 business days after the conclusion of the Game.
The Participant must confirm with the Promoter whether the Participant or his/her proxy will play the Game by 09/01/2018. If the Promoter has not been able to confirm with the Participant whether the Participant or his/her proxy will play the Game despite all reasonable attempts by the Promoter by that time, the Participant is taken to have forfeited his or her right to play the Game or claim the Major Prize and the Promoter will conduct a second chance major draw to select a second chance Participant on 10/01/2018 at the same time and place as the original major draw, subject to any directions from a regulatory authority.
The second chance Participant will be notified by telephone within two (2) business days of the draw and invited to participate in the Game and his/her name and residential address will be published on www.pcbyte.com.au
The second chance Participant must confirm with the Promoter whether the second chance Participant or his/her proxy will play the Game by 18/01/2018. If the Promoter has not been able to confirm with the second chance Participant whether the second chance Participant or his/her proxy will play the Game despite all reasonable attempts by the Promoter by that time, the second Participant is taken to have forfeited his or her right to play the Game or claim the Major Prize and the Promoter may dispose of the Major Prize as it sees fit (subject to any written directions from a regulatory authority).
If no Participant or second Participant (or his/her proxy) plays the Game, the Promoter may also dispose of the Major Prize as it sees fit (subject to any written directions from a regulatory authority).
If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority. Total prize pool value is up to $258,500.
Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
Before any prize is awarded, the Promoter may require each winner to sign an agreement or deed to release the Promoter (and one or more of the service providers or prize suppliers associated with the promotion) from, and indemnify the Promoter (and one or more of the service providers or prize suppliers associated with the Promotion) against, any loss, damage or injury arising from the use or participation in any component of the prize, except to the extent any loss, damage or injury is due to the negligence or wilful misconduct of the Promoter.
Redemption, participation in and acceptance of a prize is subject to the terms and conditions of the relevant airlines and hotel, and any other service provider or prize supplier associated with the promotion. The Promoter and all service providers and prize suppliers associated with the promotion expressly reserve the right to eject the Participant or his/her proxy for any inappropriate behaviour while playing the Game.
Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. Entrants also consent to the publication of their names and residential addresses in accordance with paragraphs 12 and 21 above, in the event they are winners of a prize.
If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
The Promoter takes no responsibility should a person not have the software, hardware or mobile plan that permits access to, and use of the Promotional Websites. Any cost associated with accessing the Promotional Websites is the entrant’s responsibility and is dependent on the Internet/mobile service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
To the extent permitted by law, the Promoter accepts no responsibility for:
any late, lost or misdirected entries or other communications; or
any Internet traffic congestion or problems with, or technical malfunction of, any hardware or software, including but not limited to any damage to the hardware or software of any entrant or other persons related to participation in the Promotion.
The decision of the Promoter is final and binding; no correspondence will be entered into.
To the extent permitted by law, the Promoter (including its officers, employees and agents) will not be responsible for any acts of god, acts of terrorism or war (declared or undeclared), state of emergency, disaster, technical failures, security breaches, tampering, unauthorised intervention, fraud, computer viruses or other events beyond the Promoter’s control which affect the proper or reasonably anticipated conduct or administration of the Promotion, or prevent the awarding of a Prize in accordance with these Terms and Conditions. If such an event occurs, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion, subject to any written directions from a relevant regulatory authority.
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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim 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 prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
The agreement which comes into force under these Terms and Conditions is governed by, and must be construed in accordance with, the laws in force in New South Wales, and the Promoter and any consumer who participates in the promotion submit to the non-exclusive jurisdiction of the courts of that State in respect of all matters arising out of or relating to these Terms and Conditions, and the performance or subject matter of the promotion.
The Promoter is Tech Century Pty Ltd t/as PCByte Retail Online (ABN 55 618 000 847) of 1/21-25 Silverwater Road Auburn NSW 2144, telephone (02) 9648 3028.
NSW Permit No. LTPS/17/19956. ACT Permit No. TP17/02340. SA Permit No. T17/2196