1. These Terms and Conditions incorporate and must be read together with the details outlined in the table above. Information about prizes and how to enter forms part of these Terms and Conditions. By entering, you accept these Terms and Conditions.
Entry
2. Your entry must be received during the Promotion Period and will be deemed to be received only when received by the Promoter. If you return a Qualifying Purchase your entry may be deemed invalid at the Promoter’s discretion (unless the product is defective). You will receive a return message confirming your entry. The Promoter is not liable for any problems with communications networks outside its reasonable control. You are responsible for your own costs associated with entering. If you enter using automatically generated entries or multiple phone numbers/email addresses/addresses/aliases, you may be disqualified.
Prizes
3. Prizes and all elements of prizes must be taken as specified, as and when offered and cannot be altered or changed in any way by you or will be forfeited, and if forfeited, the Promoter will not be liable. If you forfeit the prize or any element of the prize for whatever reason, you will not be given cash or any alternative prize as a substitute. Prize/s are subject to any additional terms and conditions imposed by the relevant supplier or the Promoter, including validity period/s.
4. The Promoter is not responsible for any dispute between you and any person with whom you choose to, or choose not to, share a prize.
5. Where relevant, the Promoter accepts no responsibility if one or more of the events or activities awarded as part of the prize are abandoned, called off or postponed for any reason beyond the Promoter’s reasonable control. In that case you/your companion/s forfeit your entitlement to that event/activity and the Promoter may provide another item of equal or higher value, subject to any necessary approval by the state/territory gaming authorities.
General
6. Any material failure by you or (if applicable) your proxy to comply with the conditions imposed by the prize supplier(s) may result in the prize being cancelled or withdrawn without liability for the Promoter or the prize supplier(s). 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.
7. If you or your entry are deemed by the Promoter to breach these Terms and Conditions materially including if the prize is on set dates and you are unable to take the prize on the relevant date/s, your entry (or at the Promoter’s discretion, all of your entries) may be discarded. The Promoter may, at any time, require you to produce documentation to establish to the Promoter’s reasonable satisfaction the validity of your entries and/or verifying your identity (including documentation establishing your identity, age, place of residence and place of employment). Failure by the Promoter to enforce any of its rights at any stage does not waive those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. Errors and omissions may be accepted at the Promoter’s direction.
8. You must not:
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tamper with the entry process (including but not limited to manipulating the system via bots, script use, or any other means to circumvent the entry process);
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engage in any conduct that may jeopardise the fair and proper conduct of the promotion;
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act in a disruptive, annoying, threatening, abusive or harassing manner;
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do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this promotion;
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breach any law; or
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behave in a way that is otherwise inappropriate.
9. The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted for reasons outside the Promoter’s reasonable control, including failure of any third parties to forward entry forms for inclusion in the draw, where relevant.
10. If any dispute arises between you and the Promoter concerning the conduct of this promotion or claiming a prize, the Promoter will take reasonable steps to consider your point of view, taking into account any facts or evidence you put forward, and to respond to it fairly within a reasonable time. In all other respects, the Promoter’s decision in connection with all aspects of this promotion is final and no correspondence will be entered into.
11. Prizes cannot be transferred or exchanged nor (except where cash is specified) redeemed for cash. Without limiting any other term of these Terms and Conditions, all prizes (and elements of prizes) must be taken as and when specified by the Promoter, or will be forfeited with no replacement. The prize values are correct as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter is not responsible for any change in prize value. You agree that if a prize (or element of a prize) is unavailable for any reason the Promoter may provide another item of equal or higher value, subject to any necessary approval by the state/territory gaming authorities.
12. By entering, you request that your full address not be published.
13. Printing and other quality control errors outside the Promoter’s control will not invalidate an otherwise valid prize claim. Every Instant Prize claim in excess of the advertised prize pool will be honoured, unless the claim is rejected due to fraud or ineligibility under these Terms and Conditions.
14. If this promotion is interfered with in any way or cannot run as planned for any reason beyond the Promoter’s control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, pandemic, fraud or technical failure, government directives, public health orders and the like, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: to end, change, suspend or cancel the promotion as appropriate, subject to any written directions from a regulatory authority; or disqualify affected entries/entrants, subject to any necessary approval by the state/territory gaming authorities.
15. The Promoter is not responsible for any tax implications arising from you winning a prize. You should seek independent financial advice. If for GST purposes this promotion results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
Liability
16. You may have consumer rights under statute including under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) and Cricket Australia (including its respective officers, employees and agents) exclude 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 which may be relevant to any issue or problem you encounter in relation to this promotion
and cannot be excluded or restricted. Nothing in these Terms and Conditions excludes or restricts those rights. See www.accc.gov.au for more information about
those rights.
17. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and
agents) and Cricket Australia (including its respective officers, employees and agents) are 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 any of the prize events are delayed, postponed or cancelled 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.
18. Subject to the previous paragraph, the Promoter and the agencies and companies associated with this promotion are not liable, including Cricket Australia,
(including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury (including allergies, skin
conditions or other reactions, as relevant), illness or death suffered in connection with this promotion or any prize, except for any liability which under statute cannot
be excluded (in which case that liability is limited to the greatest extent allowed by law).
19. Without limiting the previous paragraphs, the Promoter and the agencies and companies associated with this promotion, including Cricket Australia, are not
liable for any loss of, damage to or delay in delivery of prize/s, or for any damage that occurs to displayed prize/s (where relevant), due to circumstances beyond the
Promoter’s reasonable control. Unless otherwise specified, prize/s will only be delivered to addresses in Australia.
