Terms and Conditions
SCHEDULE to Terms and Conditions
Terms and Conditions Section 1 – General
- Information on how to participate in the Promotion and Incentive details form part of these terms and conditions.
- By participating in the Promotion, Participants accept and agree to be bound by these terms and conditions. For the avoidance of doubt, these terms and conditions include the Schedule.
- Participants must comply with these terms and conditions to participate in the promotion.
- Where there is an inconsistency between the Schedule and Sections 1 to 7 of these terms and conditions the Schedule will prevail.
- Any dispute in relation to the eligibility to participate in the Promotion or receive the Incentive will be determined by the Promoter in its absolute discretion. The Promoters decision will be final and binding on the Participant.
Terms and Conditions Section 2 – Who can participate
- Directors and employees (and their immediate families) of the Promoter or its related companies or agencies or those otherwise engaged in similar business are not eligible to participate. Immediate families means spouse, ex-spouse, de facto partner, ex-de facto partner, child, step-child, parent, step-parent, legal guardian, sibling or step-sibling.
- The Promotion is available in conjunction with other promotions or offers by the Promoter at Bloomdale, Diggers Rest.
Terms and Conditions Section 3 – How to participate
- To participate in the Promotion, each Participant must comply with the ‘How to Participate’ section of the Schedule.
- The Promoter reserves the right, at any time, to request verification of the age, identity, residential address or any other information relevant to participation in the Promotion of all Participants. The Promoter reserves the right to disqualify any Participant who provides false information or fails to provide information that is reasonably requested by the Promoter.
- The Promoter reserves the right, in its sole discretion, to disqualify any Participant who has:
a. provided incomplete, indecipherable and/or offensive material as part of their participation in the Promotion,
b. breached any of these terms and conditions; and/or
c. contravened any applicable laws or regulations or otherwise engaged in unlawful or improper conduct.
- The eligibility of Participants to receive an Incentive is solely within the discretion of the Promoter.
- The Promoter accepts no responsibility for late, lost or misdirected communications.
- If participation in the Promotion is online, by telephone or SMS, the Promoter assumes no responsibility for any failure to receive any information or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may modify, cancel, terminate or suspend the Promotion.
- If participation in the Promotion requires access to Facebook, Participants acknowledge and agree that use of Facebook is subject to Facebook’s terms and conditions. The Promoter is not responsible or liable for any loss, damage or injury suffered by any Participant as a result of the conduct of Facebook, including any decision by Facebook to remove or not remove any content, except for liability which cannot be excluded by law. The opinions and images uploaded on Facebook as part of this Promotion are not necessarily endorsed or supported by the Promoter and the Promoter does not confirm, guarantee or warrant their accuracy.
- If participation in the Promotion requires access to Instagram, Participants acknowledge and agree that use of Instagram is subject to Instagram’s terms and conditions. The Promoter is not responsible or liable for any loss, damage or injury suffered by any Participant as a result of the conduct of Instagram, including any decision by Instagram to remove or not remove any content, except for liability which cannot be excluded by law. The opinions and images uploaded on Instagram as part of this Promotion are not necessarily endorsed or supported by the Promoter and the Promoter does not confirm, guarantee or warrant their accuracy.
Terms and Conditions Section 4 – Incentives
- If any Incentive is unavailable for reasons beyond the Promoter’s control, the Promoter reserves the right to substitute the Incentive with an incentive of equal or greater monetary value. This right is subject to any applicable legislation, regulations or directions from a regulatory authority.
- Once the Incentive has left the Promoter’s premises, the Promoter takes no responsibility for the Incentive being damaged, lost or stolen.
- All taxes (including GST, if any) which may be payable as a consequence of receiving an Incentive are the sole responsibility of each Participant.
- The Participant’s use of the Incentive is entirely at their own risk. Before the Incentive is provided, the receiver of the Incentive may be required to sign an agreement to release the Promoter from and indemnifying the Promoter against any liability arising from or in connection with the Incentive.
- The Buyer may not deduct or set off the value of the Incentive from any moneys or debts payable to the Promoter. The Incentive is not transferrable or exchangeable and, subject to the terms and conditions applying to the use of the VISA Gift Card, may not be issued or taken as cash.
- Any taxes, duties, levies or similar charges payable in relation to the receipt of the VISA Gift Card are assigned to and are the responsibility of the Buyer.
Terms and Conditions Section 5 – Receiving the Incentive
- Each eligible Participant that complies with these terms and conditions will receive the Incentive.
- The eligibility of Participants to receive the Incentive is solely within the discretion of the Promoter.
- It is the responsibility of each Participant to comply with the Promoter’s instructions on how to collect their Incentive as outlined in the “Collection of Incentives” section of the Schedule.
- The Promoter reserves the right to request each Participant to provide proof of their identity and/or proof that they were responsible for participating in the Promotion.
- Each Participant agrees to participate and cooperate, as required, in all publicity activities relating to the Promotion, including, without limitation, being interviewed, photographed, filmed and recorded. Each Participant authorises the Promoter to use such content for advertising and publicity purposes in any media in perpetuity worldwide.
- It is the responsibility of each Participant to notify the Promoter of any change to their contact details.
- The Promoter reserves the right to vary the terms of, or cancel, the Promotion at any time without liability to any Participant or other person, subject to applicable laws. These changes may include varying or withdrawing any Qualifying Property from the Promotion or varying the Promotion Period.
- All information provided is subject to change without notice. Participants should make their own enquiries and satisfy themselves as to whether the information provided is current and correct and if appropriate, seek appropriate advice before entering any Contract.
Terms and Conditions Section 6 –Limit on Liability
- Any Incentive supplied by a third party supplier is subject to the terms and conditions of that third party supplier. The Incentive may come with guarantees that cannot be excluded under the Australian Consumer Law. If those guarantees are not complied with, then the Participant will have rights under the Australian Consumer Law. Subject to those guarantees and rights, the Promoter shall not be liable and excludes all liability (including negligence), for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) for damage to property, personal injury or death suffered or sustained in connection with this Promotion or the use or taking of any Incentive except for any liability which cannot be excluded by law including as provided for under the Australian Consumer Law.
- By entering into this Promotion, the Participant is indicating his or her, their or its agreement to be bound by these Terms and Conditions.
- In consideration for the Promoter entering into this Promotion with the Participant and offering an Incentive in accordance with this Promotion the Participant agrees to release and indemnify the Promoter and each of its officers, employees and agents in respect of all claims, liabilities, losses and causes of action whatsoever arising directly or indirectly out of or in connection with the Incentive and any purchase made pursuant to it.
- To the maximum extent permitted by law, the Promoter gives no warranty and makes no representation as to the accuracy or sufficiency of any description, illustration, photograph or statement contained in any advertisement relating to the Promotion, or any information or statements made or given by its employees, agents or contractors concerning the Promotion, and, except for any liability which cannot be excluded by law, will not be liable for any loss or damage suffered or incurred by any party who relies upon the information in any such Promotion, advertisement, publication or statement
Terms and Conditions Section 7 – Privacy
- The Promoter will collect and use each Participant’s personal information for the purposes of:
a. conducting the Promotion (which may include disclosure to third parties for the purpose of processing and conducting the Promotion) and for promotional purposes, public statements and advertisements in relation to the Promotion;
b. providing information to the Participant about the products and services offered by the Promoter and its related companies; and
c. research to improve its products and services.
- By participating in the Promotion, Participants consent to the use of their personal information as described in clause 34.
- This is the current version of the promotion Terms and Conditions as of 23 July 2019.