September 2022 Subscription Promotion Terms & Conditions
SEPTEMBER SUBSCRIPTION PROMOTION
TERMS AND CONDITIONS
Tropeaka Pty Ltd
ACN 601 730 072
2/14 Anella Avenue, Castle Hill, NSW 2154, Australia.
Telephone number +61 (2) 9017 6778
tropeaka.com.au; tropeaka.com; tropeaka.co.uk (the Website)
12am AEST 1 September 2022
11:59pm AEST 30 September 2022
The Prize will be drawn within 2 weeks of the End Date, on 10 October 2022 at 1pm AEST.
The Prize is winning your subscription purchase that was placed during September, or an existing active subscription during the month of September, free for a year and delivered for a year at the time interval that you have bought it at (i.e. every 2, 4, 6, 8 or 12 weeks); delivered between 11 October 2022 to 11 October 2023. As well as $1000 AUD cash prize.
- Information on eligibility, mechanisms on how to enter, prizes and the information in the Schedule form part of these Terms and Conditions. Participation in the Promotion is deemed acceptance of these Terms and Conditions.
- Eligibility: Entry is open to Australian residents, as well as residents in any country the Promoter ships to, aged eighteen (18) years or over (Entrants). Employees, immediate family members, retailers, suppliers, associated companies and agencies related to the Promoter are not eligible to enter in the Promotion. Entrants under 18 years of age must have legal parental or guardian consent to enter the Promotion and collect the prize. By submitting an entry, the entrant affirms that they are 18 years or over or otherwise possess legal parental or guardian consent.All entries of Entrants who are under the age of eighteen (18) years and do not have the consent of their legal guardian and who enter the Promotion without disclosing or by attempting to conceal their age will be deemed invalid.
- How to enter: To enter and be eligible, Entrants must, during the Promotional Period, make a subscription purchase from the Website or have a pre-existing active subscription from the Website during the Promotional Period. Entrants will be required to provide all mandatory information that may include, but is not limited to, the Entrant’s full name, residential address, age, date of birth, title, gender, email address and contact telephone number. All entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. All entries are final.
- Multiple entries: Entrants must enter the Promotion in their own name. There are no limits on the amount of entries that an Entrant can submit, provided that these Terms and Conditions are complied with on each occasion.
- 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) and to disqualify any Entrant. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- Game of chance: As the Promotion is a game of chance, and subject otherwise to these Terms and Conditions, skill plays no part in determining the winning Entrant and each valid entry will NOT be individually judged. Each entry has an equal chance of winning. The winning Entrant will be confirmed by the Promoter.
- Entrants are responsible for any and all expenses incurred when entering the Promotion and accessing, claiming and/or using the Prize (unless otherwise stated on the Website or on the Promoter’s social media accounts or email campaign send-outs, including but not limited to, Facebook, YouTube, TikTok, Twitter and Instagram).
- The Promoter’s decision is final and no correspondence will be entered into with Entrants regarding the decision.
- Multiple Prizes: There is not multiple prizes available. There will be only one winner.
- THE PRIZE IS NOT TRANSFERRABLE. The Prize will be awarded in the name of the winning Entrant. Winning your subscription free for a year is not redeemable for cash.
- Promotional Period: The Promotion commences on the Start Date and concludes on the End Date as per the Schedule (Promotional Period).
- Redemption Period: The redemption period, during which the Prize may be claimed commences on the Draw Date and ends three (3) months from the date thereof. If the winning Entrant does not claim the Prize within the Redemption Period, the Prize will be deemed to be forfeited by the Entrant.
- Draw and Venue: The draw or selection to determine the winning Entrant for the Promotion, as the case may be, (Draw) will take place at 2/14 Anella Avenue, Castle Hill, NSW 2154, Australia. The Promotor will conduct the Draw by way of computerised random selection to draw the winning Entrant/s.
- Winning Entrant: The winning Entrant in the Draw, if any, will be notified via email within forty eight (48) hours of the Unclaimed Prize Draw.
- Unclaimed Prize Draw: If any Prize remains unclaimed in accordance with clause 12, a second draw or selection for the Prize (Unclaimed Prize Draw), will take place on the first business day after the expiry of the Redemption Period at the same time, place and manner as the original Draw, subject to any directions from a regulatory authority. The Promoter may conduct the Unclaimed Prize Draw without the need to seek approval from the relevant regulator in NSW, Australia. The alternative winning Entrant, if any, will be notified by email and/or telephone within 7 days of the Unclaimed Prize Draw.
- Unavailable Prize: If any Prize is unavailable and the Promoter has used all reasonable efforts to arrange the Prize, the Promoter may, in its absolute discretion, reserve the right to substitute the Prize with a prize of equal value and/or specification, subject to any written directions from a regulatory authority.
- Invalid entries: In the event that a winning Entrant’s entry is deemed or found to be invalid, the Promoter may redraw or decide on another winning entry.
Dangerous activity: Where the Prize involves dangerous activity, the winning Entrant acknowledges the inherent risk in such activity and further acknowledges that use of the Prize may result in injury or death. The winning Entrant participates in the activity at their own risk. In claiming and making use of a Prize which involves dangerous activity, the winning Entrant must (and any companion(s)):
- attend, undergo and pass any appropriate training, briefings, safety demonstrations, required medical tests and other requirements (including blood alcohol testing) of the Promoter and/or any supplier of the Prize or any part of the Prize, as determined in their absolute discretion;
- declare to the Promoter and/or any supplier of the Prize or any part of the Prize, any health-related issues that may affect their safe participation in any part of the Prize and obtain a written clearance from a doctor in this respect;
- not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in any part of the Prize;
- not be under the influence of any drugs including alcohol;
- comply with all directions of the Promoter and/or any supplier of the Prize or any part of the Prize and any relevant officials; and
- wear all safety and other equipment required.
- The Promoter and/or any supplier of the Prize or any part of the Prize may in their absolute discretion:
- reserve the right to refuse to allow the winning Entrant or their companion(s) (if any) to take part in any or all aspects of the Prize if they reasonably believe the winning Entrant or their companion(s) (if any) represent a safety risk or for any other reason; and
- may cancel the relevant component of the Prize if the conditions are deemed dangerous.
- Attendance at a show: Where any part of the Prize includes attendance at a show or event, if the show or event is cancelled, postponed or abandoned for any reason, the winning Entrant will forfeit all rights to attend the show or event and no cash or alternative tickets will be substituted in lieu.
- Cash: Where cash is awarded as a Prize, Prizes will be awarded in the form of a bank cheque, via PayPal transfer (fees may apply and are the responsibility of the winning Entrant) or electronic funds transfer to the winning Entrant’s nominated bank account, at the Promoter’s election.
- Publicity: The winning Entrant’s full name will be published on the Website and on the Promoter’s social media accounts, including but not limited to, Facebook, TikTok, YouTube, Twitter and Instagram. By entering the Promotion, the winning Entrant consents to the publication of such information.
- By entering the Promotion, Entrants consent to the Promoter using their name, likeness, image and/or voice in the event that they are a winning Entrant (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting the Promotion (including any outcome), and promoting the Promotor’s business and any products manufactured, distributed and/or supplied by the Promoter. The Entrant further agrees that they will participate in all reasonable promotional activities in relation to the Promotion as requested by the Promoter and its agents.
- Non-Excludable Guarantees: Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Consumer Act 2010 (Cth) or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees).
- Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, the Promoter will not be liable under these Terms and Conditions for any consequential loss including but not limited to loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Liability: Except for any liability that cannot by law be excluded by law (including the Non-Excludable Guarantees), the Promoter (including its respective officers, employees and agents) will not be liable to an Entrant for, and the Entrant indemnifies, waives and releases the Promoter in respect of all liability (including but not limited to all expenses, costs, damages, claims, losses) arising in any way out of or in connection with:
- any act or omission of the Entrant;
- any breach of these Terms and Conditions by the Entrant;
- any Force Majeure;
- a matter arising out of clause 28;
- the winning Entrant or their companion(s) (if any) being unable to use any or all aspects of the Prize as a result of clauses 18 and 19;
- any personal injury or loss;
- claiming the Prize;
- use of the Prize in any way;
- any theft of any Prize or unauthorised access or third party interference in the Promotion;
- any entry or Prize claim that is late, lost, altered, damaged, delayed or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or
- any tax liability incurred by a winning Entrant.
- Force Majeure: If performance of the Promotion, provision or use of the Prize (or any part of it), or any obligation under these Terms and Conditions is prevented, restricted, or interfered with by a Force Majeure, and if as a result the Promoter is unable to carry out its obligations or to provide the Entrant with the Prize (or any part of it), the Promoter may in its absolute discretion, subject to any written directions made under any applicable legislation, cancel, terminate, modify or suspend the Promotion and/or, if necessary, provide an alternative prize or prizes to the same value as the original Prize. The Promoter will give public notice of such an event and that the Promotion has been cancelled, terminated, modified or suspended. Force Majeure means any event or circumstance beyond the Promoter’s reasonable control includes, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, strikes, lock-outs and work stoppages, terrorism, infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion. The Promoter will use reasonable efforts under the circumstances to avoid or minimise any Force Majeure. An act or omission will be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
- The Promoter accepts no responsibility and will not be liable for any late, lost, delayed, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
- To the maximum extent permitted by law, as a condition precedent to accepting the Prize, the winning Entrant must sign any legal documentation as and in the form reasonably required by the Promoter and/or Prize suppliers, including but not limited to a legal release and indemnity form.
- Online entries: In the event that a dispute arises as to the identity of an online Entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address. The authorised account holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organisation that is responsible for assigning email addresses for the domain associated with the email. The Promoter may ask any Entrant to provide the Promoter with proof that such party is the authorised account holder of the email address associated with the entry.
- Linked Sites: The platform for the Promotion may contain links to other websites (Linked Sites). The Promoter does not endorse and is not responsible for the content of any Linked Sites. Any Linked Sites displayed on the platform are for the Entrants’ convenience only and the Entrant agrees to access, use and otherwise deal with Linked Sites at their own risk.
- Social Media: Social media membership pages, applications and use of social media generally is subject to the prevailing terms and conditions of use of the social media platform. Unless otherwise indicated in these Terms and Conditions, the Promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform including, but not limited to, Instagram, Facebook, TikTok, Twitter, YouTube and Pinterest. If an Entrant uses social media to participate in the Promotion, the Entrant understands that they are providing their information to the Promoter and not to any social media platform. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. By participating in the Promotion, the Entrant releases Instagram, TikTok, YouTube, Facebook, Twitter, Pinterest or applicable social media site from all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs associate with the Promotion.
- General: Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the Promotion, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.
- Delivery: The Promoter will deliver the Prize within fourteen (14) days of the Draw Date.
- Amendments: These Terms and Conditions may be amended or replaced from time to time if required by any regulatory authority.
- Jurisdiction: These Terms and Conditions are governed by the laws of the States and Territories in which the Promotion is conducted and the Commonwealth of Australia. Entrants submit to the jurisdiction of the courts of their State or Territory.
- Entire Agreement: These Terms and Conditions represent the entire agreement between the Promoter and any Entrant (including the winning Entrant) and supersede any prior agreement, understanding or arrangement between the Promoter and any Entrant (including the winning Entrant), whether oral or in writing.
- Representations: The Promoter excludes all, warranties, guarantees or representations (whether express or implied) except as expressly provided in these Terms and Conditions.
- Contact Details: as per the Schedule.
- Last updated: 31 August 2022
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