RSEA Safety Competition Terms and Conditions

"BACK TO WORK LIKE A BOSS WITH TOBY PRICE 2022"
TERMS AND CONDITIONS

TRADE PROMOTION: GAME OF CHANGE - CONDITIONS OF ENTRY 

1. These conditions of entry must be read together with the Schedule for this trade promotion.  The Schedule defines certain terminology used in these conditions of entry.  By entering, entrants accept these terms.  To the extent of any inconsistency between the Schedule and these terms, the Schedule prevails.  

2. The Promotion will be conducted during the Promotion Period. 

3. To enter the Promotion, Entrants must follow the Entry Method during the Promotion Period.

 4. Entries must be received by the Promoter during the Promotion Period.  Multiple entries (where permitted) must be submitted separately and have a receipt for a purchase for each entry. 

5. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.  The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.  The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.  Any form of automated entry using any device or software is invalid.  Entries are deemed to be received at the time of receipt into the Promoter’s database not at the time of transmission by the entrant. 

6. Costs associated with accessing www.blundstone.com.au/BTW_with_Toby_Price_ 2022 remain an Entrant’s responsibility and may vary depending on the Internet service or telecommunications provider used. 

7. The draw/s (if applicable) will be conducted in accordance with the Draw Details. The prize/s will be awarded to a valid entrant or entrants (as applicable) randomly drawn in accordance with the Prize Details. 

8. The prize/s are specified in the Prize Details. The total prize pool is specified in the Total Prize Pool section of the Schedule. 

9. All entries and materials submitted to the Promoter in connection with this Promotion (in any form, including without limitation in hard copy or electronic form), become the property of the Promoter and each entrant warrants that it has the right to transfer these things to the Promoter.  The Promoter may use such entries and materials and any intellectual property rights subsisting in them in any medium and in any manner it sees fit, including without limitation, by reproducing, modifying or adapting such entries and materials. 

10. Entrants must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding this Promotion or the winning of any prize, free of charge, and they consent to the Promoter and its related bodies corporate using their name and image in promotional material. Without limitation, entrants consent to being broadcast, filmed, photographed or otherwise recorded without compensation while participating in this Promotion and taking the Prize and they consent to the Promoter repeating any such broadcast, film or other recording at any time. 

11. As a condition of entering this Promotion, each Entrant consents to, in the event they are the winner, the Promoter using the Entrant’s name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media worldwide for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. 

12. The winner/s will be notified as stated in the Notification of Winners section of the Schedule and their name and state of residence will be published in accordance with the Publication Details.  By entering this competition, each entrant requests that his or her full address not be published. 

13. If any prize is not claimed by the Prize Claim Date and Time, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to conduct such further draws on the Unclaimed Prize Draw Date as are necessary to distribute the prize/s, subject to any directions given by any relevant authority. If required by law or any relevant authority, the winner/s will have their name and state of residence published in accordance with the Unclaimed Prize Draw Publication Details.  If a prize is no longer capable of being redeemed, the new winner/s will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter), subject to the approval of the relevant authorities in the Relevant State/s, if required. If no Unclaimed Prize Draw Date is specified, any unclaimed prize/s will be distributed at the Promoter’s discretion. 

14. To the extent permitted by law, each Entrant indemnifies, and must defend and hold harmless, the Promoter and its employees, servants, agents and contractors, from and against all Losses arising from: (i) a breach by the Entrant of any of these Conditions of Entry; (ii) any third party claim arising directly or indirectly from a breach by the Entrant of any of these Conditions of Entry; (iii) a negligent, wilful or otherwise wrongful act or omission of the Entrant; (iv) fraudulent or dishonest acts or omissions by the Entrant; (v) any breach by the Entrant of any applicable Laws; (vi) any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of the Entrant entering the Promotion; and (vii) the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Entrant. 

15. The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Consumer Law), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prize(s); and/or (iv) acceptance and/or use of any prize. 

16. Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.  Prizes will be provided by the Promoter to the winner/s as stated in the Prize Delivery section of the Schedule. 

17. The Promoter may require the winner/s to provide identification and other documentation as requested by the Promoter including (without limitation) proof of identity, proof of age and proof of residency and proof of purchase.  Identification considered suitable for verification is at the Promoter’s discretion.

18. If due to any reason whatsoever the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these terms, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize. 

19. The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this competition by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the competition or acts in violation of these terms, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person. 

20. All of the Promoter’s decisions in respect of the promotion are final and no correspondence will be entered into. 

21. No prize is transferable or exchangeable, nor can it be redeemed for cash. In the event for any reason a winner does not take an element of any prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be supplied in lieu of that element of the prize.  The Promoter accepts no responsibility for any variation in prize value. Where a prize is unavailable for any reason, including due to the cancellation or postponement of the Tatts Finke Desert Race 2022 due to the COVID-19 pandemic, travel restrictions for the Prize Winner arising out of the COVID-19 pandemic or non-participation in the Tatts Finke Desert Race 2022 by Toby Price, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter, subject to the approval of the relevant authorities in the Relevant State/s, if required.  Without limiting the foregoing, the Promoter may, at its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified in the Prize Details). 

22. The Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the quality or fitness for any purpose of any prize, or the failure of any prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter and its associated agencies and companies is limited to re-supplying the relevant goods or services or paying the cost of replacing them. 

23. If for any reason any aspect of this competition is not capable of running as planned, including by reason of infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries, subject to the approval of the relevant authorities in each Relevant State.

24. Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of this competition or of these terms, subject to applicable laws and subject to the approval of the relevant authorities in each Relevant State, if required. 

25. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this competition results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to 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. 

26. Each entrant must ensure that any other person whose details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this competition has given their implied or express consent for their details to be provided to the Promoter and any of its related bodies corporate and to be contacted by the Promoter or any of its related bodies corporate in relation to this Promotion. 

27. The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion. By entering this Promotion, entrants consent to the storage of their personal information on the databases of the Promoter and the Promoter may use this information for future promotional and marketing purposes  including special offers, market research or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share an Entrant’s Personal Information with its Australian, New Zealand and overseas related companies, servants, employees, agents and trusted third parties who may contact the Entrant for their legitimate commercial purposes, including special offers, market research or to provide the Entrant with marketing materials in this way. By entering the promotion, Entrants acknowledge and agree that the Promoter and any applicable third parties may use their Personal Information in the manner set out in this condition.

28. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988.  Entrants can gain access to, update or correct any of their Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer at dataprivacy@blundstone.com.au.  All Personal Information will be stored by the Promoter in accordance with the Promoter’s Privacy Policy.  A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be obtained by contacting the Promoter or via the Promoter’s website www.blundstone.com.au.

29. Unless the contrary intention appears, a reference in these terms, the Schedule or in any advertisement relating to this Competition, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia. 

30. Each Entrant acknowledges and agrees that the promotion and these Conditions of Entry are governed by the Laws of State of Tasmania, Australia and each Entrant submits to the exclusive jurisdiction of the courts of Tasmania (as applicable) and any courts competent to hear appeals from those courts.

31. In these Conditions of Entry: 

“Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) in Australia.

“Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and generally accepted accounting principles. 

“Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. 

“Personal Information” means, for the purpose of the Privacy Act 1988 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.