Dad vs Claw Terms Conditions

Promotion Terms and Conditions – Myer Centre Adelaide

Promotion Terms and Conditions

1. This competition (Promotion) is conducted by the Promoter.
2. These Promotion Terms and Conditions (Terms) must be read together with the Promotion Details, which form part of these Terms, and any entry instructions or other notices issued by the Promoter.  If there is any inconsistency between these Terms and the Promotion Details, the Promotion Details will prevail to the extent of the inconsistency.  Any terms defined in the Promotion Details have the same meaning in these Terms.  Entry into the Promotion constitutes acceptance of these Terms, and agreement to comply with the Special Conditions (if any).
3. The Promotion is open to all Eligible Entrants meeting the Entry Requirements.  No person who does not meet the Entry Requirements will be eligible to enter the Promotion or receive any Prize, and by entering the Promotion the entrant warrants that the entrant satisfies the Entry Requirements.
4. The Promoter reserves the right to request any entrant to provide evidence satisfactory to the Promoter confirming his/her age and to disqualify any entrant who is does not provide such evidence upon request.
5. The Promotion commences at the beginning of the Promotion Period and ends at the end of the Promotion Period.
6. The Promotion is a game of skill, and chance plays no part in determining the winners.
7. To enter the Promotion an entrant must, during the Promotion Period, comply with the Entry Requirements, follow the Entry Method and comply with any other entry instructions or other notices issued by the Promoter.  An entrant will only be eligible for up to the Maximum Number of Entries.
8. By submitting an entry, each entrant represents to the Promoter that the material submitted is the entrant’s own original work and does not infringe the copyright or other intellectual property rights of any third party.
9. The Promoter will select the best entry or entries (as applicable) as judged by the Promoter in its sole discretion, taking into account the creativity, originality and quality of each entry.
10. The Prize winner will be selected by the Promoter following the Selection Process.
11. The Prize winner will be notified and (if applicable) publicised as described in the Promotion Details.
12. The Promoter’s decision in relation to any aspect of the Promotion is final and will be binding on every person who enters the Promotion.  No correspondence will be entered into in relation to any aspect of the Promotion.
13. It is a condition of the Prize winner being awarded the Prize that the Prize winner agrees to these Terms.
14. All entries will become the property of the Promoter.  Each entrant assigns to the Promoter all right, title and interest in and to any intellectual property rights that the entrant may have in the entrant’s submission, and consents to any infringement of any moral rights that the entrant may hold in relation to the entrant’s submission.
15. The Promoter will provide each Prize winner with the relevant Prize within a reasonable period after the draw by the Prize Delivery Method.  The Prize winner must collect their Prize within 30 days of the Promotor advising the Prize winner that their Prize is available for collection. The Prize winner may be required to attend at the Myer Centre Adelaide to collect the Prize, and will bear the costs of travelling to that location and any other associated costs of collecting or using the Prize.
16. If the Prize winner does not collect their Prize within 30 days of the Promoter advising the Prize winner that the Prize is available for collection, or such other period specified in these terms or the Promotion Details, the Prize winner will forfeit the Prize.
17. If a Prize winner rejects the Prize for whatever reason, or does not claim the Prize in accordance with the notification or other instructions issued by the Promoter, the Prize winner will forfeit the Prize.
18. If any Prize is forfeited, the Promoter may, in its sole discretion, select an alternative Prize winner following the Selection Process.
19. For the avoidance of doubt, failure or refusal to claim a Prize does not affect the entrant’s agreement to these terms and conditions, in particular the assignment under clause 14.
20. The Prize winner must provide any information and reasonable cooperation required by the Promoter to arrange for the Prize to be provided to the Prize winner.
21. The Prize winner warrants that all information provided to the Promoter is true and correct.
22. Prizes are not transferable or exchangeable and cannot be taken as cash.  If a Prize (or part of a Prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute a Prize (or part of the Prize) with a prize of substantially similar value and/or specification, subject to any written directions from a relevant regulatory authority.
23. The Promoter accepts no responsibility for late, lost or misdirected entries.
24. The Prize winner consents to the Promoter using and publishing the Prize winner’s name and image, and quoting the Prize winner’s entry (if applicable) or any other statements, including for promotional purposes, in any form of media (including on social media).  The Prize winner may be photographed and filmed at the time of their collection of the Prize, and it is a condition of acceptance of the Prize that the Prize winner consents to any use, publication or broadcast of such photographs or video recordings by the Promoter and its service providers (such as the Promoter’s events agency, photographer, videographer and graphic designers).
25. Subject to any applicable law or regulation, if for any reason beyond the control of the Promoter the Promotion is not capable of running as planned, including for any reason which affects the administration, security, fairness or integrity of the Promotion, the Promoter reserves the right in its sole discretion, to cancel, terminate, modify or suspend the Promotion.
26. The Promoter reserves the right, at any time during or after the closing date of the Promotion, to verify the validity of entries and entrants (including an entrant’s identity, age, place of residence and compliance with the Entry Requirements) and to disqualify any entrant who tampers with the entry process or who submits an entry that is not in accordance with these Terms.  Errors and omissions may be disregarded at the Promoter’s sole discretion.  Failure of the Promoter to enforce any of its rights at any time does not constitute a waiver of those rights.
27. Personal information provided to the Promoter in connection with the Promotion will be handled and used in accordance with these Terms and the Promoter’s Privacy Policy published at https://myercentreadelaide.com.au/privacy/.  By entering the Promotion the entrant agrees to the use and disclosure of their personal information as specified in these Terms and the Promoter’s Privacy Policy.  The personal information of the entrant may be disclosed to third parties including Prize suppliers.  Where an entrant provides the personal information of any other person in connection with the Promotion, the entrant warrants that the Promoter’s use of that personal information will not breach the Privacy Act or any other law.
28. By entering the Promotion, the entrant consents to receive direct marketing from the Promoter or its related entities or service providers using the contact information provided.  If an entrant does not wish to receive direct marketing, the entrant should notify the Promoter or use the opt-out mechanism provided in the communications.
29. Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any guarantee or implied condition or warranty the exclusion of which from these Terms would contravene any statute or cause any part of these Terms to be void (Non-Excludable Guarantees).  The Promoter excludes from these Terms all guarantees, conditions, warranties and terms implied by statute, general law or custom.  Except for liability in relation to a Non-Excludable Guarantee, 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 whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, without limitation, where due to: (a) any technical difficulties or equipment malfunction; (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 receipt by the Promoter); (d) any variation in prize value to that stated in these Terms; (e) any tax implications; and/or (f) a Prize or any use of a Prize by a winner.
30. The Promoter accepts no responsibility for any financial or taxation implications that may arise from the Prize winnings.  Independent financial advice should be sought.
31. These Terms constitute the entire agreement between the Promoter and entrant and will be governed by the laws of South Australia.  If any part of these Terms are held to be invalid or unenforceable by a court of law, it will be severed and will not affect the remainder, which will continue in full force and effect.

• Personal Information Collection Statement

The Promoter collects personal information in order to administer the Promotion, communicate with entrants, handle or assess entries, and otherwise facilitate its dealings with entrants and other individuals and accomplish any purposes for which those individuals have contacted the Promoter.  Individuals cannot enter the Promotion, and the Promoter may be unable to perform these activities, if personal information requested is not provided.

The Promoter may disclose personal information to third parties as necessary and appropriate in the course of performing its activities and functions.  For example, the Promoter may disclose personal information to certain contractors or service providers in some circumstances.  The Promoter is not generally likely to disclose personal information to overseas recipients.

The Promoter may use personal information provided by entrants for the purposes of direct marketing (such as to notify individuals about new services, events or promotions that may be of interest to them), and by providing the Promoter with personal information entrants consent to the Promoter doing so.  However, if any entrant does not wish to receive direct marketing, they should notify the Promoter or use the opt out mechanism provided in the communications.

The Promoter’s Privacy Policy (which is published on its website) contains information about how individuals may access personal information held by the Promoter and seek correction of such information.  It also contains information about how individuals may complain about a breach of the Australian Privacy Principles and how the Promoter will deal with such a complaint.

If individuals would like further information about how the Promoter handles personal information, they should refer to the Promoter’s Privacy Policy or contact the Promoter.