https://www.facebook.com/NewBalanceCricket/app_395598757210960
“HIT THE NETS WITH PAT CUMMINS OR JONATHAN TROTT”
PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prizes form part of these Terms and
Conditions. Participation in this promotion is deemed acceptance of these
Terms and Conditions.
2. Entry is only open to Australian residents aged 13 years or over who (if drawn
as a winner) are able to take the prize on an exact date to be determined by
the Promoter, in its absolute discretion, in either December 2013 or January
2014 (depending on the prize won). Individuals must have a valid Facebook
account to be able to access the promotional Application (as defined below).
Entrants between 13 and 18 years old must have parental/guardian approval
to enter and further, the parent/guardian of the entrant must read and consent
to these Terms and Conditions. Parents/guardians may be required by the
Promoter to enter into a further agreement as evidence of consent to the
minor entering this promotion.
3. Employees (and their immediate families) of the Promoter, participating Amart
All Sport and Rebel Sport retailers and agencies associated with this
promotion are ineligible to enter. 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.
4. Promotion commences on 01/08/2013 and ends for purchases at close of
business and for final entries at 11.59pm AEST on 30/09/2013 (“Promotional
Period”).
5. To be eligible to enter, individuals must, during the Promotional Period, either:
(a) purchase any New Balance Cricket footwear product from a participating
Amart All Sports retailer nationally; OR (b) purchase any New Balance Cricket
equipment product from a participating Rebel Sport retailer nationally.
6. To enter, individuals must then access the promotion through the “Hit The
Nets” application (“Application”) on the Facebook Platform. Individuals can
locate the Application on the Application tab found on the New Balance
Cricket page on Facebook (
www.facebook.com/Newbalancecricket) (“New
Balance Cricket Page”). Individuals must “Like” the New Balance Cricket
Page (if they have not already ‘liked’ the New Balance Cricket Page) and
agree to allow the Application to access their profile when prompted.
Individuals must then follow the prompts to use the Application to input the
requested details including their full name, age, valid email address, Amart All
Sports or Rebel Sport retailer of purchase, full receipt number, mobile number
and state/territory of residence and submit the fully completed online entry
form so that it is received by 11.59pm AEST on 30/09/2013.
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7. 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
to disqualify any entrant who submits an entry that is not in accordance with
these Terms and Conditions or who tampers with the entry process. Errors
and omissions may be accepted at the Promoter's discretion. Failure by the
Promoter to enforce any of its rights at any stage does not constitute a waiver
of those rights.
8. Incomplete or indecipherable entries will be deemed invalid.
9. Multiple entries permitted, subject to the following: (a) only one (1) entry
permitted per specified purchase requirement; (b) each entry must be
submitted separately and in accordance with entry requirements; and (c)
unrecognised receipt numbers will be deemed invalid.
10. Entrants must retain their original Amart All Sports or Rebel Sport purchase
receipt(s) for all entries as proof of purchase. Failure to produce the proof of
purchase for all entries when requested may, in the absolute discretion of the
Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of
any right to a prize. Purchase receipt(s) must clearly specify the Amart All
Sports or Rebel Sport retailer (depending on the product purchased) and that
the purchase was made during the Promotional Period but prior to entry.
11. 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.
12. The draw will take place at Frontier Advertising, 2/30 Inkerman Street, St
Kilda VIC 3182 at 12.00pm AEST on 14/10/2013. The winners will be notified
in writing by email within two (2) business days of the draw and their names
will be published online at
www.facebook.com/Newbalancecricket on
15/10/2013. The Promoter’s decision is final and no correspondence will be
entered into.
13. The first valid entry drawn will win a trip for two (2) people to Melbourne, VIC
and an opportunity to meet Pat Cummins, valued at up to $8,000, depending
on date and point of departure. Prize includes two (2) nights twin share
accommodation in a minimum four (4) star hotel (exact hotel to be selected by
the Promoter) and a one (1) hour Cricket workshop with Pat Cummins (“Pat
Cummins Workshop”), which will consist of a one (1) hour skills session with
Pat Cummins. The exact activities conducted during the Workshop will be
planned/determined by Pat Cummins and the Promoter in their absolute
discretion. The Pat Cummins Workshop will be held at a location and on and
exact date/time in December 2013 to be determined by the Promoter, in its
absolute discretion, and will be advised to the winner upon winner notification.
The next valid entry drawn will win a trip for two (2) people to Melbourne, VIC
and an opportunity to meet Jonathan Trott, valued at up to $8,000, depending
on date and point of departure. Prize includes two (2) nights twin share
accommodation in a minimum four (4) star hotel (exact hotel to be selected by
the Promoter) and a one (1) hour Cricket workshop with Jonathan Trott
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(“Jonathan Trott Workshop”), which will consist of a one (1) hour skills session
with Jonathan Trott. The exact activities conducted during the Workshop will
be planned/determined by Jonathan Trott and the Promoter in their absolute
discretion. The Jonathan Trott Workshop will be held at a location and on and
exact date/time in January 2014 to be determined by the Promoter, in its
absolute discretion, and will be advised to the winner upon winner notification.
If the winners are not from VIC, each prize also includes two (2) return
economy airfares from the winner's nearest capital city to Melbourne, VIC. If
the winners are from VIC, then the prize does not include airfares and the
airfare component of the prize is not redeemable for cash.
14. Spending money, meals, insurance, transport to and from departure point,
transfers, items of a personal nature, in-room charges and all other ancillary
costs are not included. The entire prize must be taken on the date specified
by the Promoter and is subject to booking, flight availability and the availability
of Pat Cummins and Jonathan Trott.
15. During the entire duration of a prize, a nominated parent/guardian must
accompany any person under 18 years of age. Itinerary to be determined by
the Promoter in its absolute discretion.
16. Frequent flyer points will not form part of a prize. Each prize is subject to the
standard terms and conditions of individual prize and service providers. The
winners may be required to present their credit card at time of accommodation
check in. Each winner and their companion must take all elements of the prize
together.
17. Subject to the unclaimed prize draw clause, if for any reason a winner does
not take their prize (or an element of their prize) at the time stipulated, then
the prize (or that element of the prize) will be forfeited and will not be
redeemable for cash.
18. The winners and each companion acknowledge that each prize (and in
particular the Jonathan Trott Workshop and the Pat Cummins Workshop) may
involve dangerous activities that may result in injury or death, and participate
at their own risk. The winners and each companion must: (a) attend, undergo
and pass any appropriate training, briefings, required medical tests and other
requirements of the Promoter and prize organisers as determined by them in
their absolute discretion; (b) not have any heart condition or history thereof, or
other medical conditions that would make it dangerous to participate in a
prize; (c) not be under the influence of drugs or alcohol; (d) comply with all
directions of the Promoter and Workshop organisers at all times; and (e) wear
all safety and other equipment required. The Promoter and prize organisers,
in their absolute discretion, at all times reserve the right to: (a) prevent a
winner or their companion from participating in any element of a prize if, at
any time, they reasonably believe that the winner or their companion poses a
safety risk or for any other reason; and/or (b) cancel a prize if the conditions
are deemed dangerous. If a prize is varied for any reason beyond the control
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of the Promoter it may not be rescheduled and no compensation will be
offered.
19. If a winner is under the age of 18 years, the prize will be awarded to the
winner's nominated parent or guardian on the winner’s behalf.
20. If a prize (or part of a 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.
21. The prizes are subject to the nominated venue’s terms and conditions,
including any applicable age restriction. The Promoter and prize organisers
hereby expressly reserve the right to eject a winner (and/or their companion)
for any inappropriate behaviour whilst participating in any element of a prize.
22. Total prize pool value is up to $16,000. Prizes, or any unused portion of a
prize, are not transferable or exchangeable and cannot be taken as cash,
unless otherwise specified.
23. A draw for any prize that remains unclaimed, may take place on 29/11/2013 at
the same time and place as the original draw, subject to any written directions
from a regulatory authority. The winner(s), if any, will be notified in writing by
email within two (2) business days of the draw and their name(s) will be
published online at
www.facebook.com/Newbalancecricket on 02/12/2013.
24. 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.
25. 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.
26. Any cost associated with accessing the promotional website is the entrant’s
responsibility and is dependent on the Internet service provider used.
27. 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
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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.
28. 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) if the Jonathan Trott Workshop or the Pat
Cummins Workshop is cancelled, delayed or rescheduled for any reason
beyond the reasonable control of the Promoter; (f) any tax liability incurred by
a winner or entrant; or (g) taking of a prize/participation in the Jonathan Trott
Workshop or the Pat Cummins Workshop.
29. As a condition of accepting a prize, the winners and each companion (or their
parent/legal guardian if the winner or companion are under 18 years old) must
sign any legal documentation as and in the form required by the Promoter
and/or prize suppliers in their absolute discretion, including but not limited to a
legal release and indemnity form.
30. The Promoter collects personal information in order to conduct the promotion
and may, for this purpose, disclose such information to third parties, including
but not limited to agents, contractors, service providers, prize suppliers and,
as required, to Australian regulatory authorities. Entry is conditional on
providing this information. The Promoter 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 entrant. Entrants should direct any request to opt out, access,
update or correct information to the Promoter. All entries become the property
of the Promoter.
31. Entry and continued participation in the promotion is dependent on entrants
following and acting in accordance with the Facebook Statement of Rights
and Responsibilities, which can be viewed at
www.facebook.com/terms.php.
32. This promotion is in no way sponsored, endorsed or administered by, or
associated with, Facebook. Entrants understand that they are providing their
information to the Promoter and not to Facebook. The information an entrant
provides will only be used for the purposes outlined in these Terms and
Conditions. Any questions, comments or complaints about this promotion
must be directed to the Promoter and not to Facebook. Facebook will not be
liable for any loss or damage or personal injury which is suffered or sustained
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by an entrant, as a result of participating in the promotion (including
taking/use of a prize), except for any liability which cannot be excluded by law.
33. The Promoter is New Balance Australia Pty Ltd (ABN 65 003 049 296), of 47
Wangara Road, Cheltenham, VIC 3192. Telephone (03) 9582 5555.
NSW LTPS/13/5239 , VIC 13/1620, ACT TP13/2411, SA T13/1240.
Australian Competitions Club
