Competition Terms & Conditions
This document sets out the terms and conditions that govern the draw to [insert description of competition] (the Competition) run by Find Belle Pty Ltd ABN 38 674 209 128 (The Promoter). By submitting an entry for the Competition, you agree to be bound to these terms and conditions.
APPLICABILITY
Information on how to enter and prizes form part of these conditions. Entries must comply with these conditions to be valid. The Competition is being run in the Australian States of New South Wales (NSW), Victoria (VIC), Queensland (QLD), Western Australia (WA), or Tasmania (TAS). The States/Territories excluded from the Competition are South Australia (SA), Northern Territory (NT) and Australian Capital Territory (ACT).
COMPETITION PERIOD
The Competition will commence on the dates and times announced on our website and any other channels (social media/email) (Commencement Date) and end on the date advised in the same communication (End Date). This period announced between the Commencement Date and End Date will form the Competition Period (Competition Period).
ELIGIBLE ENTRANTS
Entry is open to all people residing in Australia who:
- is over the age of 18 (or has parental/guardian consent if under 18);
- is a citizen or permanent resident located in New South Wales (NSW), Victoria (VIC), Queensland (QLD), Western Australia (WA), or Tasmania (TAS); and
- agree to The Promoter’s terms and conditions and privacy policy [located here: [insert URL]];
- Each person who complies with clause 3(a) above will be an ‘Eligible Entrant’ for the purposes of these terms and conditions.
- There is no maximum number of entries per Eligible Entrant for the duration of the Competition.
COSTS
The entry price for the Competition is based on the below Membership Tiers and must be paid by each Eligible Entrant upon entering into the Competition to the Promoter (with the exception of referrals). A referral system is in place to also gain additional entries which is free of cost for Eligible Entrants. Eligible Entrants are responsible for all expenses to submit an entry.
MEMBERSHIP TIERS
The Promoter provides various monthly Membership Tiers which grant a specific amount of entries into the Competition every month.
- Free Membership by signing up to an Account with the Promoter (0 entries);
- Paid Lite - $9.90 (incl. GST) = 20 entries;
- Paid Elite - $29.90 (incl. GST) = 75 entries; and
- Paid Max - $49.90 (incl. GST) = 150 entries.
Free Membership does not include any entries; however, all Membership Tiers are able to refer other users to sign up with the Promoter and earn [one] free entry per referral for each Competition Period. There is no limit on the number of referrals that can be made in any one Competition Period. However the maximum number of entries per Eligible Entrant will be [insert cap].
SUBMITTING AN ENTRYS
- Eligible Entrants may enter the Competition by signing up with a Membership Tier.
To have a valid entry in the Competition, Eligible Entrants must:
- have an active account registered with the Promoter; and
- hold a valid Membership Tier.
- Once the Eligible Entrant has submitted an entry in accordance with clause 6(b), the entry will be taken to have been officially accepted by The Promoter as a valid entry. Once an entry has been accepted, no changes to or withdrawal of the entry will be permitted.
DRAW
- The Competition will comprise of the running of a draw where, via completely random means, one of the Eligible Entrants will be selected as the winner (Winner). This draw will take place on [insert].
- Eligible Entrants that were not chosen as the Winner in a previous draw will be able to enter the Competition for subsequent draws.
- A Winner of the Competition may participate in any subsequent draws during the Competition Period.
PRIZE
- The prize that will be given to the Winner is [insert description of Prize] valued at $xxxxx (Prize).
- If applicable, the value of any Prize is in Australian Dollars.
- All taxes and local government fees (excluding GST) that may be payable as a consequence of receiving the Prize are the sole responsibility of the winners.
- The Promoter is not liable for any loss or damage (even if caused by negligence) as a result of any winner accepting and/or using the Prize, except for any liability which cannot be excluded by law.
- Eligible Entrants acknowledge that the Promoter makes no promise or guarantee regarding the suitability of the Prize. If the winners have an issue or complaint with any organisation associated with the Prize, the Promoter is not responsible for resolving the issue (though they may choose to do so).
- The Prize is awarded on an ‘as is’ basis and may not come with a manufacturer’s warranty as it is not being sold as a retail product; and is a product owned by the Promoter which is being given away for promotional purposes.
- The Prize value may be within a specific range (i.e. not a fixed price) depending on the product the Promoter sources; and the Promoter will not be liable to compensate the Winner for any balance of a price range that may be more or less than the product used for the Prize.
ANNOUNCEMENT OF WINNERS
- The Promoter will publish the winner of the Prize on its website [insert website URL] within 24 hours of the End Date.
- The Winner will also be notified via a message on their Social Media Account, email, phone number or other registered contact method (Notification) by an employee of the Promoter who is responsible for the draw within [48 hours] of the draw.
Once notified, the Winner must provide the Promoter with the following details:
- full name;
- contact number;
- email; and
- postal address.
- The Promoter will post the Prize via registered email address within [7] days of receiving confirmation of the details in clause 9(c). OR provide an agreed pickup location for the Winner to collect the Prize.
PRIZE SUBSTITUTION
- In the event that any part of the Prize becomes unavailable for reasons beyond the Promoter's control, the Promoter may, at its absolute discretion, substitute the Prize (or the relevant part of the Prize) with a prize of equal or greater value.
- The Prize is not redeemable for cash or credit under any circumstances.
UNCLAIMED PRIZES
- The Promoter will use its best endeavours to contact the Winners of the Prize however the Promoter will not be liable for the Winners' failure to receive a Notification of winning.
- Winners will have 7 business days to respond to the Notification with a message outlining the details in clause 9(c) otherwise they will forfeit the Prize and the Promoter will conduct a new draw.
- If the Winners fail to comply with the instructions in a written notification on claiming the Prize, the Winners' entry will be disqualified, and they will not be entitled to the Prize.
USE OF ELIGIBLE ENTRANTS' PERSONAL INFORMATION
- The Promoter will collect the Eligible Entrant's personal information, including names, addresses and contact numbers for the purpose of conducting the Competition. The Promoter may disclose the personal information it collects to third parties, including local regulatory authorities and the Promoter's agents or third-party service providers for the purposes of conducting the Competition or for promotional and marketing purposes, including on social media (Purpose).
- By entering this Competition, the Eligible Entrants consent to the use of their personal information for the Purpose, and that the Promoter may contact them for future marketing purposes without payment.
- Eligible Entrants may access, change and/or update their personal information by emailing the Promoter at [insert contact email address]. A copy of the Promoter's privacy policy is available here: [insert link]. The privacy policy contains information about how individuals may access or correct personal information or make a privacy related complaint.
GENERAL CONDITIONS
- The Promoter accepts no responsibility for late, lost or misdirected entries or other communications.
- Should an Eligible Entrant's contact details change during the Competition Period, it is the Eligible Entrant's responsibility to notify the Promoter. An Eligible Entrant should direct any request to access or modify any information provided as part of the redemption of a prize to the Promoter.
- The Promoter may at their absolute discretion request verification of any personal information of Eligible Entrants provided for the purposes of the Competition and arranging a prize.
- The Promoter reserves the right to disqualify any individual who breaches these terms and conditions, or who is involved in any way in interfering or tampering with the fair and proper conduct of this Competition. Failure by the Promoter to enforce any of its rights does not constitute a waiver of those rights.
- By entering this Competition, Eligible Entrants acknowledge and agree that these terms and conditions, the Competition and the consequences of receiving a prize may be subject to the terms and conditions of third-party service providers such as social media platforms, video platforms, payment providers and transfer companies (Third Party Terms). The Promoter will not be liable for any damage or loss suffered by the Eligible Entrants in connection with such Third Party Terms.
Participants in the Competition may have rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter. These terms and conditions do not exclude, restrict or limit those statutory rights in any way. However, to the maximum extent that it is permitted to do so by law, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, incidental, special or consequential, arising in any way out of the Competition, including, without limitation:
- any theft, unauthorised access or third party interference;
- any entry that is late, lost, altered, damaged or misdirected (whether or not after the receipt by the Promoter) due to any reason beyond the reasonable control of The Promoter;
- any variation in market value of the Prize to that stated in these terms and conditions;
- any tax implications; and/or
- the Prize or any use of the Prize..
Eligible Entrants and winners of the Competition agree at all times to indemnify and hold harmless the Promoter and its officers, employees and agents (“those indemnified”) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused by the Eligible Entrants and/or winners or their officers’, employees’ or agents’:
- breach of any term of these terms and conditions; or
- negligent, fraudulent or criminal act or omission.
- The Promoter will not be liable for performance delays nor for non-performance due to causes beyond their reasonable control. If the Competition is not capable of running as planned, the Promoter reserves the right in its sole discretion to take any action that may be available to it, and to cancel, terminate, modify or suspend the Competition, or amend these terms and conditions, unless to do so would be prohibited by law.
- This is a game of chance, based on a randomised draw of Eligible Entrants who can be selected to win the Prize in the relevant Competition. It does not require any demonstration of skill and will not be subject to any assessment before a winner is selected.
- To the extent permissible, these terms and conditions are governed by the laws applying in Victoria, Australia; as the Competition is being conducted from this State.
- This Competition is void where prohibited or restricted by law.