Giveaway Terms & Conditions

GENERAL TERMS & CONDITIONS (INTRODUCTION & THE PROMOTION )
18.
a. These Terms & Conditions are to be read in conjunction with the Promotion Details above. Any capitalised terms used in these Terms & Conditions have the meaning set out in the Promotion Details above.

19.
a. These Terms & Conditions apply to the Promotion which is conducted by the Promoter. By participating in the Promotion, you agree to be bound by these Terms & Conditions, which constitutes as a legally binding agreement between you and the Promoter.

20.
a. Where applicable, the Permit Numbers as set out in the Promotion Details apply to the Promotion.

21.
a. All decisions made by the Promoter with respect to any aspect of the Promotion are final, and no correspondence will be entered into with you.

 

ENTRY
22.
All entries in the Promotion must comply with these Terms & Conditions (“Entry”) and each Entry has an equal chance at winning the Prize.

23.
Your Entry must be submitted:  

• during the Promotional Period set out in the Promotion Details; 
• in accordance with the Entry Requirements & Instructions set out in  the Promotion Details; and 
• in accordance with the Entry Conditions set out in  the Promotion Details. 

24.
a. Your Entry will be deemed to be received only when received by the Promoter.

25.
a. If you submit an Entry, you warrant that you are an Eligible Entrant set out in Item 5 of the Promotion Details and that if you are not, you may be disqualified from the Promotion. The Promoter reserves all rights with respect to such breach.

26.
a. You are solely responsible for your Entry, including any costs associated with entering the Promotion and/or network connectivity.

27.
a. Where applicable, except for your personal information, the Promoter is the sole owner of all intellectual property in connection with the Promotion (including your Entry).

 

PRIZE
28.
a. The Prize must be accepted as offered and claimed in accordance within the Promotion Details, otherwise the Prize shall be forfeited by the Winner. The Promoter will not be liable for any unclaimed Prize under this Clause and the Promoter is under no obligation to offer an additional or substitute Prize to that Winner.

29.
a. The Prize may be subject to any additional terms and conditions as determined by the relevant supplier of the Prize and/or the Promoter.

30.
a. Unless otherwise stated, the Prize cannot be resold, transferred, exchanged, redeemed for cash for any reason; or used for any advertising, promoting or other commercial purposes.

 31.
a. The Total Prize Value set out in Item 3 of the Promotion Details is correct as at the date of preparing these Terms & Conditions and shall include any applicable GST.

32.
a. The Promoter does not accept any responsibility for a variation in the Prize. If any Prize (or part of) is unavailable or is not in working order, the Promoter reserves the right to substitute the Prize with a prize of equal or greater value and you agree to accept such substitution in writing, subject to any applicable regulation.

33.
a. To the fullest extent permitted, the Promoter will not be held responsible for the failure to provide the Winner with the Prize or substitute Prize under Clause 3.

34.
a. Where applicable, the Promotor is not responsible for any dispute between a Winner and any person with whom a Winner chooses to share the Prize.

35.
a. The Promoter is not responsible for any tax implications and the Winner is solely responsible for the payment of all taxes (if any) in connection with the Prize. It is the Winner’s sole responsibility to seek independent financial advice as they require.

 

DRAW & RESERVE WINNERS
36.
a. The Promoter will conduct the Prize Draw in accordance with Items listed in the Promotion Details, and the Winner shall be selected at random.

37.
a. The Winner will be notified in accordance with Item listed in the Promotion Details.

38.
a. The Promoter may draw additional reserve Entry Winners in the Draw and record them in order (“Reserve Winner”).

39.
In the event that:  

• a Winner is deemed ineligible for any reason; 
• after the Promoter makes reasonable efforts, the Winner cannot be identified; or 
• where a Winner forfeits a Prize; 

the Prize may be awarded to the Reserve Winner or may be redrawn at a later date.

 

PARTICIPANT CONDUCT & BREACH
40.
You must not: 

a.

• tamper with the Promotion in any way or at any stage; 
• engage in any conduct that may jeopardise the fair and proper conduct of the Promotion, including using automatically generated entries or aliases; 
• act in a disruptive, annoying, threatening, abusive or harassing manner; or 
• do anything that may diminish the good name or reputation of the Promoter or any of its related partners, suppliers, entities and/or of the agencies or companies associated with this Promotion.  

b. The Promoter reserves the right, at any time, to require documentation from you to verify the validity of your Entry (including an your name, age and place of residence).

42.
a. Any breach of or failure by you to comply with these Terms & Conditions or those imposed by the Promoter’s partners may result in the Prize being withdrawn from you or you being disqualified from the Promotion, without further liability for the Promoter and/or its partners.

43.
a. The Promoter and/or its partners reserve all rights with respect to any breach of these Terms & Conditions.

 

PERSONAL INFORMATION AND PROMOTIONS & MEDIA
44.
a.  Your personal information is directly collected by the Promoter in connection with the Promotion and is used to:

• Conduct the Promotion, which may include supplying your personal information to the Promoter’s partners and/or suppliers of the Prize;   
• Provide you with the Promoter’s monthly subscription updates, which you can unsubscribe from at any time; and 
• Promote the Promoter and/or the Promotion 

45.
a. The Winner agrees to participate in promotional activity and consents to the use of the Winner’s name and image in connection with the Promotion, without further remuneration.

46.
a. By entering into this Promotion, you agree that the Promoter may store and use your personal information in accordance with its Privacy Policy found on its Website (“Privacy Policy”).

47.
a. Please visit the Privacy Policy for further information regarding how to seek access or correction of your personal information, or to make a complaint with respect to your privacy.

 

LIMITATION OF LIABILITY
48.
a. To the fullest extent permitted by law, the Promoter is not liable for any personal injury or death, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from the participation in the Promotion or from the acceptance, possession, misuse or use of any Prize.

49.
a. Without limiting, the Promoter and its partners, suppliers of the Prize, or associated companies is not liable for any incorrect or ineligible submission Entries, failure to claim a Prize, damage or delay in delivery of Prizes, or failure to receive correspondence.

50.
a. If this Promotion cannot be conducted for any reason beyond the Promoter’s control (including but not limited to technical issues or failure or  tampering and fraud), the Promoter may end, amend, suspend or cancel the Promotion or disqualify affected Entries, subject to any necessary approval by the relevant regulatory body (if any).

 

GENERAL
51.
a. Nothing in these Terms & Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).

52.
a. By entering into the Promotion, you accept that any dispute with respect to the Promotion and/or these Terms & Conditions shall be subject to the jurisdiction of the Victorian Courts in Australia.
b. The Promotor will donate a percentage of all profits raised throughout the year to a charity of their choosing.

 

DEFINITIONS
In these Terms and Conditions, unless the context otherwise requires:
“Seller” means UNLCKD PTY PTY (ACN 666359502)

“Customer” means the person(s) (including a body corporate) who orders the Products from the Seller (and including any person acting on behalf and with the authority of the Customer);

“Price” means the price payable by the Customer to the Seller for the Products;

“Products” means goods or services supplied by the Seller to the Customer (and where the context so permits shall include any supply of services such as the provision of advice or recommendations) and are as described on the invoices, quotation, work authorisation or any other forms provided by the Seller to the Customer;

“Terms and Conditions” means the terms and conditions of sale set out in this document.

 

ACCEPTANCE OF TERMS
The Customer accepts and agrees to be bound by these Terms and Conditions by submitting an order to the Seller for the supply of Products and/or the by accepting Products supplied by the Seller.

 

PAYMENT
All prices listed on this site are in Australian dollars and are subject to change without notice. The Seller reserves the right to make changes to prices, products, product availability, policies and terms at any given time.

The Seller accepts the following payment methods: Credit/Debit Card, AMEX, Apple Pay, Google Pay, Direct Deposit. All payments options are securely processed via the respective third-parties: Stripe Payment Gateway.

 

RETURNS/REFUNDS
The Seller reserves the right to accept any cancellation of Customer’s membership package. In order to be considered for a refund, the Customer must request a cancellation/refund in writing. The Seller will notify the Customer of the outcome of the request and refund any funds if applicable.

 

INTELLECTUAL PROPERTY
All content, information, graphics and website design are the property of the Seller and are not to be used or reproduced without the consent of the Seller.

 

LIMITATION OF LIABILITY
The Customer acknowledges that the Products are bought relying solely upon the Customer’s skill and judgement. Any advice, recommendations, information, assistance or service provided by the Seller to the Customer in relation to the Products sold or their use or application is provided in good faith and the Seller believes such advice to be appropriate and reliable. The Seller will not be held liable a Product that is not cared for correctly or where the care instructions have not followed. Any such advice in relation to any Products sold by the Seller is provided, however, without liability or responsibility on the part of the Seller. To the extent required under common law and any applicable legislation, the Seller acknowledges that liability may attach in relation to (and be limited solely to) personal injury or property damage arising out of any negligence on behalf of the Seller in provision of the Products. In the event of any breach of these Terms & Conditions by the Seller, the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Products. The Seller shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer.

 

SEVERANCE
Nothing in these Terms and Conditions is intended to have the effect of contracting out of any applicable provisions of any state or federal legislation (including but not limited to the Australian Consumer Law), except to the extent permitted by such legislation where applicable. If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

 

JURISDICTION
These Terms and Conditions shall be governed by the laws of Victoria. The Seller and the Customer irrevocably submit to the exclusive jurisdiction of the courts of Victoria.

 

WAIVER
The failure by the Seller to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect the Seller’s right to subsequently enforce that provision.

 

INCONSISTENCY
Where these Terms and Conditions are inconsistent with a written quotation, work authorisation or other form provided by the Seller to the Customer, the provisions of that written quotation, work authorisation or other form will prevail to the extent of the inconsistency.

 

WHOLE AGREEMENT
These Terms and Conditions (together with the Application and any written quotation, work authorisation or other form provided by the Seller to the Customer) form the entire agreement between the Seller and the Customer. All conversations, representations and statements not confirmed in writing by the Seller are expressly excluded and shall not be deemed to be part of any quotation, invoice, order, agreement or contract, or to have induced the order of the Products, or to have any legal effect whatsoever.

 

AMENDMENT
These Terms and Conditions supersede all previous terms and conditions of trade of the Seller. The Seller reserves the right to review these Terms and Conditions at any time. If, following any such review, there is to be any change to these Terms and Conditions, then that change will take effect from the date on which the Seller notifies the Customer of such change. The Customer’s acceptance of any amendments to these Terms and Conditions will be evidenced by the Customer’s acknowledgement in writing or by the Customer submitting a further order of Products to the Seller after receiving notification of the amendments without the need for the Customer to provide any other formal notification of its acceptance to Seller.

 

CONTACT US
If you would like to contact us regarding our terms & conditions, please email [email protected]