Australian Competitions Club

https://darebinrsl.com.au/?page_id=2777

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Agreement | These terms and conditions constitute
your agreement (“Agreement”) with Darebin RSL
Sub-Branch Inc (ABN 55 828 716 915) of 402 Bell
Street, Preston, Victoria 3072 (the “Promoter”) in
relation to your participation in the Promoter’s Hawaii
Getaway for Two Competition (“Competition”). The
Promoter reserves the right, in its absolute discretion,
to exclude or disqualify entries to the Competition,
without needing any grounds for doing so, including
winning entries. Without limiting the foregoing, the
Promoter may do so if you do not comply with any
provision of this Agreement.
2. Definitions | In this Agreement: “Competition
Schedule” means the schedule for stages of the
Competition showing entry periods, draw dates,
notification dates, publication dates and draw process
as published by the Promoter on the Promoter’s
website at https://darebinrsl.com.au/ (Website), at the
Promoter’s venue at 402 Bell Street, Preston, Victoria
3072 (Club) and on the Promoter’s newsletters, and
details of which are set out in Schedule 1 of this
Agreement, and as amended by the Promoter from
time to time by written notice; “$10,000 Travel
Voucher Getaway Prize” means the prize offered to
the final winner of the Final Draw, as published by the
Promoter on the Website, at the Club and on the
newsletters, and details of which are set out in
Schedule 1 of this Agreement, or such alternate
prizes as are permitted by this Agreement and notified
by the Promoter in writing; “Prize” means a prize
offered to winners of a stage of the Competition
(including the Hawaii Getaway Prize), details of which
are set out in the Competition Schedule, or such
alternate prizes as are permitted by this Agreement;
and for the avoidance of doubt, any defined terms in
Schedule 1 have the same meaning in clauses 1 - 17
of this Agreement.
3. Entry Period | The Competition will be conducted in
stages in accordance with the Competition Schedule.
Entries received after the Entry Period, for whatever
reason, whether through the fault of the Promoter or
otherwise, may not be accepted for the relevant stage
of the Competition. The Promoter reserves the right to
make alterations to the Competition and the
Competition Schedule, in which event it will make
reasonable endeavours to contact participants and
publish details of the alterations on the Website and
at the Club.
4. Participants | Participation in the Competition is open
to all current Darebin RSL Club members, other than
employees of the Promoter (Qualified Participant).
5. Eligibility | Eligibility for entry to a stage of the
Competition will be as published on the Website and
set out in this Agreement, including the Competition
Schedule. Without limiting any part of this Agreement,
the Promoter may disqualify a participant if it suspects
that the participant has improperly submitted entries,
or has otherwise manipulated its entries in the
Competition.
6. Draws | Preliminary Round, Secondary Round and
Final Draw will be conducted in accordance with the
Competition Schedule. Winners of Prizes from all
stages will be drawn by chance from the pool of
entries for the particular stage of the Competition.
7. Further Terms | All Prizes (including the $10,000
Voucher Prize) from the Competition, may be subject
to terms and conditions issued by the manufacturer,
issuer or third party promoter of an individual Prize
(“Prize Issuer”). You agree to be bound by any such
terms and conditions (including terms and conditions
of the Travel Voucher). You agree to use any Prize
only in accordance with any directions of use or terms
and conditions issued by the Prize Issuer. Any
brands, trade marks, logos, corporate indicia or
intellectual property of or relating to Prize Issuers
remains their respective property. The promotion of a
particular Prize does not necessarily imply any
connection between the Promoter and the Prize
Issuer, or any endorsement or approval of the
Competition by the Prize Issuer.
8. Value | All Prizes are valued as at the
commencement date of the Competition and the
Promoter takes no responsibility for any variation in
prize valuation. The Promoter reserves the right to
substitute an alternative prize which, in the Promoter’s
reasonable opinion, is of equivalent value to any of
the stated Prizes. No Prize is redeemable for cash.
9. Disclaimer of Liability | Subject to clause 12 below,
the Promoter will not be liable for any loss or damage
of any kind whatsoever, including without limitation
any personal injury or death, or damage to property,
resulting from or in connection with your participation
in the Competition, the awarding of any Prize, or the
winner’s use or enjoyment of any Prize, or inability to
use or enjoy any Prize.
10. Failure to Claim | Without limiting clause 9, the
Promoter will have no liability to any Prize winner if
the winner fails to claim the Prize for any reason, if the
winner has provided any incorrect information
including without limitation contact details, or if the
winner is otherwise unable to enjoy the benefit of the
Prize for any reason beyond the control of the
Promoter.
11. Privacy | You warrant that all information provided by
you is true and correct. The Promoter collects your
personal information which may include name,
address, phone number and email address for the
purpose of administering the Competition and being
able to contact in relation to the Competition. Without
limiting the Promoter’s rights, the Promoter may use
your personal information for its own internal business
purposes or to improve its products or services. The
Promoter may also use your personal information to
contact you and provide you with information about its
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products or services it believes may be of interest to
you, or those of certain selected business partners of
the Promoter. The Promoter may disclose your
personal information to third party service providers,
such as marketing services providers and IT service
providers for the purpose of conducting and
administering the Competition. The Promoter may
also disclose personal information as required by any
applicable law or regulation. Further, your personal
information may be disclosed to any State and
Territory lottery departments and the winners' names
may be published as required under the relevant
lottery legislation. Your personal information will be
otherwise collected and dealt with in accordance with
the Promoter’s privacy policy, a copy of which is
available for viewing at
http://www.rslvic.com.au/media/218178/privacypolicy-for-members-and-rsl-rewards.pdf.
12. No Warranties | The Promoter makes no warranties
of any kind in relation to the Competition or any goods
and/or services offered in the Competition including
without limitation any Prize. All statutory and other
warranties, guarantees, promises or representations,
however made or given and whether express or implied,
as to quality, merchantability or fitness for purpose of
any such goods or services are expressly negatived and
excluded to the fullest extent permitted by law. This
Agreement will not be read or applied so as to purport to
exclude, restrict or modify, or have the effect of
excluding, restricting or modifying, the application of all
or any of the provisions of the Competition and
Consumer Act 2010, the Australian Consumer Law, or
any other statute, Act or law of the Commonwealth of
Australia or any State or Territory thereof which by law
cannot be excluded, restricted or modified. Without
prejudice to any of the foregoing, if the Promoter incurs
a liability to any person under such legislation, the
liability of the Promoter is limited to the supply of
equivalent goods or services, or the payment of the
costs of supplying equivalent goods or services.
13. Claiming Prizes | Winners of all stages will be
notified in accordance with the Competition Schedule.
The winners of each stage will be published at the
Website. Where practicable, Prizes will be sent to
winners with such notification, or as soon as
reasonably practicable thereafter. Alternatively in the
Promoter’s reasonable discretion, the Promoter will
make the relevant Prize available for collection and
winners will be informed of how to collect the Prize. In
that case the winner will be responsible for the
collection/delivery of any Prize that is not mailed to
them by the Promoter. The Promoter accepts no
responsibility for Prizes lost or damaged in transit.
14. Enjoying Prizes | A winner is responsible for all costs
and expenses incurred in enjoying any Prize and (in
particular but without limitation) to the extent not
included in the Travel Voucher, a Prize does not
include any travel to or from any applicable venue at
which the Prize may be located or used.
15. Claiming Timeframe | Prizes must be claimed within
the timeframe notified to winners by the Promoter.
Unclaimed Prizes will be re-drawn from the pool of
participants for the stage in question in accordance
with the Competition Schedule. Winners of re-drawn
prizes will be notified, and names of winners will be
published, in the same way as specified above.
16. Jurisdiction | This Agreement is made in the State of
Victoria. It shall be construed in accordance with and
shall be governed by the laws for the time being in
force in the State of Victoria and the Commonwealth
of Australia. You irrevocably submit to and accept the
non-exclusive jurisdiction of any of the courts of the
State of Victoria in relation to any dispute relating to
this Agreement. Nothing prevents the Promoter from
commencing any proceedings against you in a court
outside of Victoria.
17. No Assignment | This Agreement is personal to you
and you may not assign or novate any of your rights
under this Agreement. The Promoter may assign this
Agreement, the benefit of this Agreement, or any of its
rights under this Agreement in its discretion. This
Agreement (including the Schedule), together with
any special conditions of entry published by the
Promoter prior to entry, forms the entire agreement
between you and the Promoter with respect to the
Competition. Each provision of this Agreement
capable of having effect after termination and each
representation and warranty made in this Agreement
shall survive the termination of this agreement.