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TERMS AND CONDITIONS:

1. Information on how to enter and prizes form part of these conditions. By participating, entrants agree to be bound by these conditions. Entries must comply with these conditions to be valid.
2. The Promoter is RedBalloon (ABN 13097376442), of Level M, 3 Spring St, Sydney NSW 2000. 1300 500 875. info@redballoon.com.au.  

Competition period  
3. The competition commences at 8:00 am AEST on 09/09/2023 and ends at 11:59 pm AEDT on 01/10/2023.  

Eligibility to enter
4. Entry is open to residents of Australia or New Zealand who are aged 18 years or over.
5. Directors, management, employees and their immediate families, of the Promoter, retailers, suppliers, associated entities and agencies associated with this competition are ineligible to enter.

How to enter
6. To enter, eligible entrants must subscribe to RedBalloon communications via the competition link and remain subscribed, at a minimum, up until the draw date and time.

Draw date and time
7. All valid entries will be included in the draw.
8. The draws will take place at 10:00am AEDT on 02/10/2023 at Level M, 3 Spring St, Sydney NSW 2000.  
9. The first valid entries drawn will be the winner of the prize.
10. The Prize will be announced and distributed in accordance with clause 16 below. Winning is not contingent on being present at the draw.
 
Prize(s)
11. The total RRP prize pool value is $250.
12. The prize is: 1 x $250 RedBalloon gift voucher.
13. The voucher is valid until the expiry date specified on the gift voucher or by the gift voucher provider. The gift voucher is not transferable or redeemable for cash. The Promoter will not be responsible for any gift voucher that is lost or stolen.
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. Promoter is not responsible or liable 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
16. Prizes will be delivered, paid or transferred to the winner within 28 days after the Prize Draw Date. Winners will be notified via Instagram about how the prize will be delivered within 14 days of the draw.

Prize substitution
17. In the event that the Prize (or any part of the Prize) becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a prize (or the relevant part of a prize) with a prize of equal or greater value subject to any contrary direction from a regulatory authority.
 
Winner notification and publication
18. Winners will be notified within 14 days of the Prize Draw Date.
19. Winners will be notified in writing by email to the email address submitted at the time of entry.

Unclaimed prizes
20. All prizes will be distributed during or after the close of the Competition.
21. The Promoter will make reasonable efforts to identify and locate the Prize winner.
22. If any Prizes remain unclaimed within three months after Prize Draw, an unclaimed prize draw will be held at RedBalloon, Level M, 3 Spring St, Sydney NSW 2000 on 02/01/2024 at 10.00am AEDT subject to the approval of any necessary regulatory authority.
23. Winners of the Unclaimed Prize Draw will be notified in the same manner as set out in clause 18 above.  

Use of Eligible Entrant’s Personal Information
24. 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).
25. By entering this 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.
26. Eligible Entrants may access, change or update their personal information by emailing the Promoter on info@thebigredgroup.com.au during office hours. A copy of the Promoter’s Privacy policy is available at www.redballoon.com.au. The Privacy Policy contains information about how individuals may access or correct personal information or make a privacy related complaint.

Intellectual property and moral rights
27. 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 of royalties or compensation.
28. 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.
29. Eligible Entrants warrant that their entry is not in breach of any third party intellectual property rights.

Publicity
30. 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.
31. The Promoter is not responsible for any loss, damage or injury to Eligible Entrants resulting from entering or participating in this Competition including arising from any comments made, or material published, by third parties about the participant on any social media platform in connection with this Competition.

General conditions
32. 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.
33. 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 Promoter.
34. 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.
35. 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.
36. 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 (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Competition, including, without limitation:  
• any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);  
• any theft, unauthorised access or third-party interference;  
• 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;  
• any variation in market value to that stated in these terms and conditions;
• any tax implications; or the Prize or use of the Prize.
37. 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.
48. 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.