Terms and conditions
SMASH ENTERPRISES 'WIN ONE OF 3 IPAD Minis’ PROMOTION
TERMS AND CONDITIONS
The following Terms and Conditions apply to the ‘Win one of 3 iPad Minis’ promotion. Where there is any inconsistency, between these Terms and Conditions and any other material relating to this promotion, these Terms and Conditions will prevail.
Conditions of Entry
1. Information on how to enter, how to enter and details of prizes form part of these Terms and Conditions. Participation in the ‘Win one of 3 iPad Minis’ (‘promotion’) constitutes acceptance of these Terms and Conditions. Only entries that are submitted and comply with these Terms and Conditions may take part in this promotion.
2. The Promoter is Smash Enterprises Pty. Ltd. (A.B.N. 52 091 134 708) of 33 Redland Drive, Mitcham Vic 3132.
3. Entry is only open to Australian and New Zealand residents. Directors, management and employees of the Promoter, its related companies and agencies, the immediate families of the above listed persons (including a spouse, parent, sibling or child, whether or not they live in the same household), and directors, management and employees of companies, business or individuals associated with this Promotion are ineligible to enter.
4. The Promotion will commence on 2 December 2013, 00:00:01am AEDST and close on 3 March 2014, 11:59:59pm AEDST (‘Promotion Period’).
5. Chance plays no part in determining the winner. Incomplete, damaged or incomprehensible entries will be deemed invalid. The judges' and Promoters’ decision in relation to any aspect of the promotion is final and binding on each person who enters. No correspondence will be entered into.
6. To be eligible to win, entrants must visit the ‘Win one of 3 iPad Minis’ competition page at http://www.smashenterprises.com.au/voteandwin during the competition period, enter the mandatory fields, choose their favourite Smash character from a selection of 10 characters and specify in 25 words or less why they have selected that specific character.
a. Competition form includes the following fields. Mandatory questions are marked with an asterisk:
- Which character do you love? *
- Tell us in 25 words or less why do you love this character? *
- First Name *
- Last Name *
- Email Address *
- Street Address *
- Suburb *
- State *
- Postcode *
- Country *
- Birthday *
- Gender *
- I am voting on behalf of someone else
- Their first name
- Their last name
- Their birthday
- Their gender
- I am under 18 or older *
- I am under 18 and have my parent or guardian’s permission to enter *
- I have read and agree to the terms and conditions
b. character names include:
7. Entries must be submitted by 11:59:59pm AEDST on 3 March 2013. Entries become the property of the Promoter and will not be returned.
8. This is a game of skill and chance plays no part in determining the winners. Each entry will be individually judged based on the answer provided to the question ‘Tell us in 25 words or less why do you love this character?’. Judging will take place at Smash Enterprises, 33 Redland Drive Mitcham, at 11 am AEDST on Thursday 14 March 2014 by an independent panel of judges. The prize winners will be notified by email.
9. There are three (3) individual major prizes to be won across Australia and New Zealand:
- The three best valid entries, as decided by the panel of judges will be deemed the prize winners and will receive each 1 x 16GB WIFI Apple iPad Mini of the value of AU$349 incl GST and one Smash cover of the value of AU$24.95 from Smash Enterprises Pty Ltd.
- Smash will incur the postage fee of the prize to each of the three competition winners (varying depending on location)
10. No other costs will be included and any related expenses will be at the winners’ responsibility.
11. iPad model used as prize: 16GB WIFI Apple iPad Mini (AU$349 incl GST) plus a Smash iPad cover (AU$24.95 incl GST).
12. Total prize pool for the Promotion is AUD$1,121.85 (inclusive of GST).
13. Multiple entries permitted, subject to the following: (a) each entry must be substantially unique and (b) each entry must be submitted separately and in accordance with entry requirements. Should it be found that an entry has abused these terms and conditions, the entry will be deemed invalid and forfeit that entrant completely from the promotion.
14. If for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited.
15. If any prize (or part of any 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.
16. Should the winner of any prize not claim the prize, or the Promoter is unable to locate a winner by 2 April 2014, the prize will be forfeited by the winner(s), with no liability whatsoever on the Promoter towards the prize winner(s).
17. The Promoter reserves the right to conduct further judging on 2 April 2014 at the same time and place as the original judging in order to distribute any prizes that remain unclaimed by that date. Winners of the second judging will be notified via email on 8 April 2014.
18. In the event that the winners are under 18 years of age, a parent or legal guardian must approve the winner’s acceptance of the prize.
19. Prizes are not transferable or exchangeable and cannot be redeemed for any other form of compensation (including cash), unless otherwise specified. The value of the prizes is accurate as at the commencement of this Promotion. The Promoter and its associated parties accept no responsibility for any variation in the value of a prize after that date.
20. Entrants consent to the Promoter using the entrant's 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.
21. The Promoter may, in its absolute discretion, require entrants to validate any one or all of their entries in the Promotion at any time during the Promotion prior to being eligible to claim a prize. 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). The Promoter also reserves the right to request winners to provide proof of identity and residency at the nominated prize delivery address. Identification considered suitable for verification is at the discretion of the Promoter. Errors and omissions will 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.
22. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant invalid if the entrant:
a. fails to establish their entitlement to enter the Promotion to the Promoter's satisfaction;
b. tampers with or benefits from any tampering with the entry process or the operation of the Promotion;
c. submits an entry which in the Promoter's opinion is not in accordance with these Terms and Conditions; or
d. acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person. The Promoter’s decision is final and no correspondence will be entered into.
23. If for any reason any aspect of this Promotion is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion, to the fullest extent permitted by law (a) disqualify any entrant; or (b) modify, suspend, terminate or cancel the promotion, as appropriate.
24. If any act or omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these Terms and Conditions (including awarding the prize or any part of the prize), the Promoter will not be liable for any failure to perform or delay in performing its obligations and the Promoter reserves the right (subject to any applicable law) to cancel, terminate, modify or suspend the Promotion.
25. All entries submitted become the property of the Promoter. As a condition of entering into this promotion, each entrant licences the Promoter to use their entry in any media for an unlimited period for any reason including but not limited to future promotional, marketing or publicity purposes. Each entrant warrants to the Promoter that each entry submitted is an original literary work of the entrant that does not infringe the rights of any third party. The entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their entry, which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
26. Any cost associated with accessing the promotion website is the entrant’s responsibility and is dependent on the Internet service provider used.
27. Except for any liability that cannot be excluded by law, the Promoter (including its 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, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorized 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) any tax liability incurred by a winner or entrant; or (f) use of a prize/taking of a prize.
28. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings in Australia or New Zealand. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for nonmonetary 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.
29. 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, and prize suppliers. 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 access, update or correct information to the Promoter.
All entries become the property of the Promoter.
30. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
Smash Enterprises Pty Ltd
Terms and Conditions
This website is owned and operated by Smash Enterprises Pty Ltd (ABN 52 091 134 708) of 33 Redland Drive, Mitcham, Victoria 3132 (“Smash Enterprises”,“us”,“we”)
These terms and conditions apply to the general use and access to the website. You may only use or access this website, in accordance with and subject to these terms and conditions.
You should read these terms and conditions in conjunction with our Privacy Statement and any other notices and disclaimers which appear in this website (but only to the extent such notices and disclaimers are not inconsistent with these terms and conditions).These terms and conditions are subject to variation without notice and will apply as varied from time to time to all subsequent use and purchases by you.
2. Product Descriptions
The actual colours of products may vary slightly from as shown on this website. We supply products on the basis that they will be used only for the specific purposes described on this website (if any). The selection of suitability of products to be used by children remains at the discretion of the purchaser and should. Our products should only be used by children under proper adult supervision. We may change the products offered on this website from time to time without notice.
3. Website Content
(a) Content generally
You may only use any logos, images, text, drawings, trade marks, audio files, video files, software or any other type of file or subject matter on this website (Content) in accordance with these terms and Conditions and as permitted otherwise under law.
(b) Intellectual property rights
Any intellectual property rights (including copyright and trade mark rights) in Content is owned by or licensed to us. You warrant to us that you own or have all necessary licences, rights, consents, and permissions to publish Content you submit using this website and you grant us a license to use, exploit and sub-licence all patent, trade mark, trade secret, copyright or other proprietary rights in and to such Content for publication via this website pursuant to these terms and conditions.
You may reproduce, download or print Content for personal use only and you must include the following copyright notice whenever doing so: “© Smash Enterprises Pty Ltd”. All other reproduction, downloading or printing of any Content is prohibited except where specifically authorised in writing by us. Please contact us if you would like to use any of the material on this website for commercial or educational purposes.
(c) Features and functionality
We may make changes designed to improve the functionality and features offered in this website without notice.
Unless these terms and conditions say otherwise:
information we provide in this website is subject to change without notice;
whilst we take reasonable steps to ensure the accuracy and currency of the information provided on this website, we do not guarantee any information provided on this website is accurate or current; and
we only provide information on this website on an “as is” basis and you rely on information so provided at your own risk.
(e) Website availability
We do not guarantee that this website or any section of this website or any link from this website will be available at any particular time. We do not accept any responsibility for any loss or damage caused by the lack of availability of this website or any links from this website for any period of time.
(f) Links to third party websites
The inclusion in this website of any hyperlinks or other pointers to any third party websites does notof itself imply our endorsement or approval of such third parties, their websites or their businesses or other activities.
4. Users Outside Australia
This web site may be accessed in Australia and throughout the world. We make no representations that the content of this web site complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place from where you access this website.
6. Restrictions On Use
You must not use this website to do any of the following:
submit any Content (such as textual comments) which is not completely your own creation unless you have explicit authority from the Content licensor to use and sub-licence it to us;
submit any Content which infringes any legal rights (including any intellectual property rights) of any third party;
copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, licence, or otherwise exploit any Content for any commercial purpose without our prior written consent or the consent of the respective licensors of the Content;
sell to any third party advertising space in or on, or sponsorship rights in relation to, any Content you submit;
solicit other users in relation to their Content for commercial purposes;
submit any Content which contains, describes or refers to any acts, events or subject matters which we believe are not suitable for publication or cannot legally be published on this website. For example, you must not submit pornographic material, images of graphic violence or animal abuse, material showing or promoting illicit drug use, tobacco or liquor products, weapons, ammunition, material that is degrading or discriminates against an individual or a religion, sex, race or is in any other way offensive by ordinary community standards;
cause harm to us or our advertisers, affiliates, resellers, distributors or vendors, or any customer of ours or our advertisers, affiliates, resellers, distributors or vendors;
damage, disable, overburden, or impair this website (or any networks connected to this website) or interfere with anyone's use and enjoyment of this website;
access this website using any automated process or service (such as a “robot” or “spider”);
engage in, facilitate or further any unlawful conduct.
We may immediately and without notice remove any Content from this website without us incurring any liability for any loss or damage, where such Content is not in accordance with these Terms and Conditions.
7. Legal Matters
In these terms and conditions, unless the contrary intention appears:
words importing the singular include the plural and vice versa;
references to the words include and including must not be interpreted as being limiting;
references to legislation includes any amendment to it, any legislation substituted for it, and any subordinate legislation made under it; and
headings will be ignored in construing these terms and conditions.
(b) Assignment and novation
You must not assign or novate your rights or obligations under these terms and conditions without our prior consent. We may assign and novate our rights and obligations under these terms and conditions to any person without your consent.
(c) Liability and indemnity
You acknowledge that you enter and use this website at entirely your own risk. Except as provided in these terms and conditions and to the extent permitted by law, we are not responsible for any direct, special, incidental or consequential loss, damage, claim or other liability howsoever arising including whether from:
breach of any warranty or other provision of these terms and conditions (except in relation to death or personal injury claims, or any statutory liability for intentional and gross negligent acts and/or omissions); or
any failure or technical issues that limits or prohibits access to or use of this website.
You indemnify us and our officers, employees, agents and contractors for and against any liability, loss, damage or claim which we may suffer or incur as a result ofany breach by you of these terms and conditions and any negligent or tortious act or wrongdoing by youin accessing or using this website.
(d) Governing law and jurisdiction
These terms and conditions are governed by the laws in force in the State of Victoria and you must submit to the non-exclusive jurisdiction of the courts of the State of Victoria (including the Federal Court of Australia).
(e) Inability to carry out obligations
If we are unable to perform any or all of our obligations under these terms and conditions by reason of an event which is not reasonably within our control including omissions or impositions by federal or national government authorities, fire, flood, earthquake and other natural disasters, acts of god, war, revolution, strike, fuel shortages and shortage of raw materials, we are relieved of those obligations to the extent and for the period that they are unable to be performed.
(f) Our employees and agents
None of our employees or agents have the authority to vary these terms and conditions in individual cases.
The provisions of these terms and conditions will be deemed to be severable and any invalidity of any provision of these terms and conditions will not affect the validity of the remaining provisions of these terms and conditions.
Any delay or failure by us to enforce any rights under these terms and conditions does not constitute waiver.