Trade Promotion, Survey 2020. Game of Chance
1. The promoter is DIY Resolutions Pty Ltd (ACN 103 688 679) (“DIY”) whose registered office is at 143-147 NATIONAL BOULEVARD, CAMPBELLFIELD VIC 3061.
2. The competition is open to legal Australian residents aged 18 years and over, who register to the Kaboodle Community between 1 March 2020 and 1 September 2021 and who submit a completed digital entry form. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion, are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or first cousin.
3. There is no entry fee to enter this competition.
4. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
5. Route to entry for the competition and details of how to enter are only available via an invitation email.
6. Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
7. The competition commences at 12:00am AEST on 1 October 2020 and ends at 12:00pm AEST on 1 October 2021. After the 1 October 2021, no further entries to the competition will be permitted.
8. No responsibility can be accepted for entries not received for whatever reason.
9. The rules of the competition and how to enter are as follows. The entrants must:
a) Complete the digital entry form in full by completing all required details including their full name, contact number and valid email address;
b) Fully complete the survey attached to the digital entry form (if you are completing this survey for another individual, you agree that you have sought and received their permission, and that they agree to be bound by these Terms and Conditions);
c) Agree to the Terms and Conditions within the survey; and
d) Submit the fully completed digital entry form.
10. The time of entry will be deemed to be the time the entry is received by the Promoter.
11. The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
12. This is a game of chance and skill plays no part in determining the winners.
13. 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 reserves the right, in its sole discretion, to disqualify any individual whom the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
14. Five winners (the “Winners”) will be randomly selected from all eligible entries on the end date of each month at 1:00pm AEST at the Kaboodle Kitchen office, 2/20 council street, Hawthorn East, Victoria. The Winners will be notified by email within 5 days after the drawing date. If a Winner is unreachable or does not make direct contact with the Promoter by the date specified in the notification, or fails to accept the prize, the prize will be forfeited in its entirety and an alternate winner will be randomly selected from the eligible entries. The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter. Odds of winning depend on the total number of eligible entries received. DIY will notify the winner by email when and where the prize can be collected/is delivered. Each Winner must warrant that she or he is not an employee of the Promoter or its affiliates, or an immediate family member or household member of an employee of Promoter or its affiliate, nor prohibited by employment, contract, or law from entering the competition or accepting a prize form the Promoter.
15. DIY’s decision as to those able to take part and the selection of winners is final. No correspondence relating to the competition will be entered into.
16. The prizes are as follows: one of five Bunnings Warehouse gift cards valued at AUD$50.00 per one (1) month for a twelve (12) month period. The prizes are as stated and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice. The total prize pool is valued at AUD$3000.00.
17. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
18. The competition and these terms and conditions will be governed by the law of Victoria, Australia and any disputes will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.
19. This promotion is in no way promoted, endorsed or administered by, or associated with Facebook, Instagram, Pinterest or any other Social Network or any supplier of any of the prizes.
21. DIY shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions or cancel the competition. Any such change or cancellation shall be effective immediately upon posting to this webpage.
22. To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
23. Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
24. The Promoter and its associated agencies and companies will not be liable for any damage in transit to or delay in transit of prizes.
25. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants, subject to any written directions from a regulatory authority. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter; whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
26. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, subject to any written directions from a regulatory authority. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value subject to any written directions from a regulatory authority. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
27. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
28. All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.
(a) how to seek access to the personal information the Promoter holds about you and seek correction of the information; and
(b) how to complain about a privacy breach and how the Promoter will deal with such a complaint.
31. The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.
32. Various media platforms (including social media) may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, any media platform; and to release all media platforms from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not the platform.