http://c.kogan.com.au/c/ipad-giveaway/1tVV7NLj/Competitions::DASHBOARD > General Terms and Conditions
Kogan Competitions General Terms & Conditions
These standard contest rules apply to all Kogan's competitions. They may be amended or varied from time to time by Kogan. Special rules may apply to particular contests, in which case specific terms and conditions will be made available to supplement these rules. Please check our website for any special rules for contests you wish to enter.
1. THE PROMOTER:
This competition is promoted by Kogan Technologies Pty Ltd ("Kogan") of
www.kogan.com.au2. WHO MAY ENTER:
The only persons who may enter and be awarded prizes are Australian residents who are not employees of Kogan or its related bodies corporate, or the immediate family of such employees. "Immediate family" means spouse, parent, child or sibling, whether or not they live in the same household as the employee.
3. CONDITIONS OF ENTRY
By entering the competition, each participant –
a) agrees to be bound by these General Terms and Conditions and any special terms and conditions appearing on the website specific to the particular competition.
b) agrees that Kogan may store, process and use data collected from, in connection with, or in relation to, the entry of the participant into the competition to provide the participant with information from time to time on products or offers of Kogan in accordance with the Privacy Policy.
4. PRIZE:
All prize items are valued inclusive of GST and Kogan takes no responsibility for any variation in item values. Any taxes which may be payable as a consequence of a winner receiving the prize are the sole responsibility of that winner.
Prizes are non-transferable and may not be redeemed for cash. If the specified prize becomes unavailable due to unforeseen circumstances, Kogan may substitute a prize of like or equal value.
5. DELIVERY OF PRIZE BY THIRD PARTY:
Prizes are delivered by Kogan to a winner by a third party under a commercial arrangement (“Third Party”). The winner acknowledges and agrees that the delivery of the Prize is the sole responsibility of the Third Party, not Kogan. The winner agrees that Kogan accepts no responsibility or liability for any delay or failure by the Third Party to deliver the Prize. The winner also agrees that Kogan may deliver prizes at any time within six months of the end of a competition.
6. PRIZE AWARDING:
Winners will be notified by email, and will be asked to provide a delivery address. Unless otherwise informed, all prizes will be delivered to the address stated in writing by the winner (or any other person operating the winner’s email account). After dispatch of the prize by Kogan, the winner will be notified by email of a tracking number relating to the delivery of the prize.
7. PUBLICITY AND MARKETING:
Entry into a competition constitutes permission for Kogan to use the participant’s name, email and suburb of residence, for advertising and promotional purposes without compensation. Kogan may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the participant. Kogan may also, during the period of the competition, send electronic messages on behalf of the Participant to any other person invited to enter the competition by the Participant in order to remind the other person to enter the competition (if they haven't already done so). Participants should direct any request to access, update or correct information to Kogan. All claims become the property of Kogan.
8. EXCLUSION OF LIABILITY:
Kogan takes no responsibility for the loss of prizes due to incorrect or imprecise contact details provided by a participant. Kogan makes no representations or warranties as to the quality/suitability/merchantability of any of the goods offered as prizes.
Kogan shall not be liable for any loss or damage suffered or sustained (including but not limited to consequential loss, loss of revenue, loss of profit or economic loss), including for personal injury or property damage suffered or sustained, as a result of accepting any prize or participation in any competition or prize, except for any liability which cannot be excluded by law.
A person who enters a competition releases and indemnifies Kogan from and against all liability, cost, loss or expense arising out of acceptance of any prize or participation in any competition including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise.
A winner (or his or her guests/parent/guardian as appropriate) may be required to sign and return any liability release provided by Kogan and/or its contractors as a condition of the prize being awarded. Failure to return the signed releases and indemnities will result in the entitlement to the prize being forfeited and a selection of another winner.
9. OWNERSHIP OF ENTRIES:
Ownership (including intellectual property rights) in all entries (whether in written, audio or visual form, or a combination of those) and including all information (including personal information) in an entry are assigned to Kogan upon submission and remain the property of Kogan.
10. PRIVACY
Entrants acknowledge and consent that the collection of personal information will be in accordance with the Privacy Policy.
11. DISQUALIFICATION:
Kogan is not responsible for lost, interrupted communications or unavailable network server or other connections, failed telephone, mid-delivery or computer transmissions or other errors of any kind, whether human, mechanical or electronic.
Kogan assumes no responsibility for any error, defect, delay, theft or unauthorised access to or alternation of entries. Subject to any written directions given under the applicable law, if for any reason, the competition is not capable of operating as planned, including infection by computer viruses, tampering, unauthorised intervention, fraud or any other causes beyond the control of Kogan which corrupts or affects the administration, security, fairness, or proper conduct of the competition, then Kogan reserves the right, at its sole discretion, to cancel, terminate, modify or suspend this competition.
Kogan reserves the right, in its sole discretion, to disqualify any individual for:
a) tampering with the entry process, including exceeding any limitation on the numbers of entries, or any other process as determined by Kogan that in any way affects the fairness of the competition;
b) tampering with the operation of the competition or website;
c) acting in violation of these terms and conditions; or
d) acting in an unsportsmanlike or disruptive manner.
If an entrant selected as winner is found to be in breach of any of these conditions of entry, a new winner may be selected and, in the event that the entrant in breach has been awarded a prize, the entrant may be required to return the prize or reimburse the value of the prize to Kogan.
12. PARTICIPATION:
Participation in the competition constitutes the entrant’s unconditional agreement to and acceptance of these General Terms and Conditions. These rules may change from time to time. The Entrant is responsible for insuring his or her familiarity with the General Terms and Conditions at the time of participation. Kogan’s decision not to enforce a specific restriction does not constitute a waiver of that restriction or of the General Terms and Conditions generally.
Where Kogan has special contest conditions or rules in relation to a particular contest, then they will prevail to the extent of any inconsistency between those special conditions and these General Terms and Conditions.
13. GOVERNING LAW AND JURISDICTION:
This competition is governed by and construed in accordance with the laws in force in the State of Victoria and each participant submits to the exclusive jurisdiction of the courts of that State.
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