“PUMA MIRANDA STORE OPENING CAMPAIGN”
TERMS AND CONDITIONS
PARTICIPANTS MUST COMPLY WITH THE FOLLOWING TERMS AND CONDITIONS AND
INSTRUCTIONS OF THE COMPETITION STAFF
SCHEDULE TO TERMS & CONDITIONS OF ENTRY
- The promoter of the Competition is PUMA Australia (ABN 52 050 539 501 ) of 111 Keys Road, Moorabbin, Victoria, 3189 (Promoter).
- Promoter is the owner of the ‘Store’ a Puma retail outlet in Miranda Westfield.
- To celebrate the launch of the PUMA Miranda Store, the Promoter is offering Eligible Participants the chance to win the prize detailed in 3(f) in accordance with these Terms and Conditions (Competition). The Competition is a game of skill.
- These terms and conditions together with the general terms and conditions that are applicable to your use of Instagram set out the rules of participation in the Competition (Terms and Conditions). By entering the Competition, you guarantee that you have the authority to accept these Terms and you agree to be bound by the Terms.
- Information on how to enter and information about the prizes forms part of these Terms and Conditions.
- In the event of any dispute regarding the Terms and Conditions, results and all other matters relating to the Competition, Promoter’s decision will be final and binding and no correspondence or discussion will be entered into.
- The promotion commences at 12.00am AEST, March 8 and closes at 23.59pm, 2018 AEST, 31 March, 2018
- A copy of these Terms and Conditions will be available at the PUMA Website page https://au.puma.com/future-football-campaign
- The Competition is open to legal residents of Australia who are 13 years old or over and compliant with these Terms and Conditions (Entrant). All Entrants who are not ineligible to enter under 2(b) will be deemed eligible to enter the Competition (Eligible Participants)
- Entrants aged under 18 years must have the written consent of a parent/guardian to enter the Promotion and must provide same to the Promoter on request.
- A person will be ineligible to enter, as follows:
- Multiple entries are permitted per person.
- An entry posted on an Entrant’s social media account will be invalid and will not be received by the Promoter if the entrant’s account settings do not allow the post and #PUMAAU hashtag to be searched and viewed publicly. The Promoter is not responsible for any invalid entries arising from Entrant’s account settings;
- An entry posted without the hashtag #PUMAAU will be invalid and will not be received by Promoter;
- If an Entrant fails to abide by all laws, regulations, Social Media Posting and Privacy Rules and other rules (including those listed in these Terms and Conditions) not just in posting the photo but also in taking the photo they will be ineligible to enter; and
- Employees of Promoter, it’s agents, contractors and anyone associated with the running of this promotion (and their immediate families) are ineligible to enter.
- By participating in the Competition, you confirm that:
- all the information you have supplied to the Promoter is true, correct and complete, and that you understand and agree to these Terms and Conditions;
- To the extent permitted by law, where you fail to comply with the requirements set out in Clause 2, you release and indemnify the Promoter (including its employees, agents and contractors) for any and all damage and loss which may arise in connection with your involvement in the Competition
- Competition Period:
- Commences 12:00am AEST on 8 March 2018
- Closes 11:59pm AEST, 31 March, 2018
- Entry Requirements - During the competition period Eligible Participants must register their entry by:
- Taking a picture whilst inside the Puma Miranda store during the opening day on March 8 2018.
- Uploading the picture to the Entrants Instagram page (the Upload Photo)
- Include #PUMAAU to be eligible
- Determination of Winner:
- The winners of Competition will be judged and determined on or about 10:00am AEST, 01 April 2018 at 111 Keys Road, Moorabbin 3189 from the pool of Eligible Participants.
- The top entry/entries as determined by the judges will win one of the Major Prizes.
- Judging Criteria – the winner will be judged with regards to the following criteria:
- Creativity (40%)
- Originality (30%);
- Composition (15%); and
- Relevance (15%)
with the winning entries having the highest score. In the event that there is more than 1 Eligible Participants who score the highest score the Promoter will have the final decision on the winning entry.
- Notification of the Winner and Announcement
The winners will be contacted via direct messenger on whichever social media platform that they entered on (either Facebook or Instagram) and given instructions on how to collect the prize. Winners must respond to the direct message within 24 hours to claim the Major Prize. If Promoter does not receive a reply within 24 hours the Major Prize will be awarded to the entry with the next highest score (in the event that there is more than one entry with the next highest score, the Promoter will have the final decision on the replacement winner.) The winners’ names will be published at https://au.puma.com/future-football-campaign
- The best entry/entries as determined by the judges will be deemed the prize winner(s) and will win:
MAJOR FIRST PRIZE:
- PRIZE OPTION 1:
- A $200 AUD PUMA voucher to be redeemed in the Puma Miranda store.
The total prize value of the Major Prize is $200 AUD
Prior to participation in any travel or event prize, any winner and participant may be required to sign an indemnity and waiver of liability in favour of the Promoter and all involved parties. If a participant is a minor, the indemnity and waiver of liability must be signed by the participant's parent/guardian.
Terms & Conditions of entry
- Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails. Participation in this Promotion is deemed acceptance of these Terms of entry.
- Entry is open only to legal residents of the Eligible States/Territories who satisfy the Method of entry. 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, including the terms and conditions providers TPAL (Trade Promotions and Lotteries Pty Ltd) are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
- The Promotion will be conducted during the Promotion period.
- The Prize/s are specified in the Details of prizes section of the Schedule.
- The total prize pool is specified in the Total prize value section of the Schedule.
- Any prize is valued in Australian dollars unless expressly stated to the contrary.
- If the prize winner of the Event prize has not confirmed their availability to take the prize on the specified dates by the specified time and date, the prize winner’s entry will be deemed invalid. The Promoter reserves the right to conduct a further draw to award the prize, subject to any directions given by any relevant authority.
- Neither the Promoter nor any company or agency associated with the Event accepts responsibility for the cancellation or delay of the Event for any reason beyond their control or any inability of the winner to attend the Event when scheduled.
- If any part of the Event is abandoned, varied, called off or postponed for any reason, the winner and, if applicable, their companion(s), at the Promoter’s discretion, forfeits all rights to attend the event and no cash or alternative tickets will be substituted for that element of the prize.
- Entrants agree to comply with any conditions which accompany the Event.
- 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.
- The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid.
- The time of entry will be deemed to be the time the entry is received by the Promoter.
- Entrants may submit up to the Maximum number of entries (if applicable).
- 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.
- The prize(s) will be awarded to the best entry/entries as judged in accordance with the Prize draw details. Entries must not have been published previously and/or have been used to win prizes in any other competitions. The judges reserve the right to disqualify any entrant submitting an entry which, in the opinion of the judges, includes objectionable content or does not meet the criteria relating to the method of entry. The judges’ decision is final and no correspondence will be entered into.
- The winner does not need to be present at the draw unless expressly stated to the contrary.
- The winner(s) will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the prize(s) can be claimed.
- 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.
- It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
- The winner(s) name and state/territory of residence will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
- The promoter may conduct an Unclaimed prize draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable). In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw. If a prize is no longer capable of being redeemed, the new winner will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter).
- 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.
- If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.
- 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.
- The Promoter and its associated agencies and companies will not be liable for any damage in transit to or delay in transit of prizes.
- 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. 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.
- Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
- 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.
- 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 entrant agrees to indemnify the promoter against all claims and costs by third parties arising from a breach of the warranty set out in this condition. 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.
- The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy statement which adheres to the Privacy Act 1988 (cth) and Australian Privacy Principles.
- 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.
- Facebook, YouTube, Shazam or Instagram 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, or associated with Facebook, YouTube, Shazam or Instagram; and to release Facebook, YouTube, Shazam or Instagram from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, Shazam or Instagram.