Terms and Conditions

TERMS AND CONDITIONS 

GENERAL

GENERAL 

1. All information set out in the Schedule forms part of these Terms and Conditions. By participating in this Promotion, all entrants accept these Terms and Conditions.

2. The Promoter does not take any responsibility for any costs related to the entrants’ participation in the Promotion or use of the prize. Winners should seek independent financial advice in relation to any tax payable in relation to the prize.

3. The Promoter will not consider entries not made in accordance with these Terms and Conditions or received after the Promotion Period has ended. Incomplete or incomprehensible entries will be discarded. 

4. Prizes, or any unused portion of any prize, are not transferable or exchangeable and cannot be redeemed for cash or any other form of compensation unless stated otherwise in the ‘Prize Pool’ Section of each Prize.

5. If a prize(s) is unavailable for any reason, the Promoter may substitute the prize(s), at its discretion, for another item of equal or higher value.

6. If for any reason a winner does not take/redeem a prize then the prize will be forfeited.

7. If a winner has provided an incorrect email address and cannot be contacted, the prize will be considered unclaimed. An unclaimed prize draw will take place at 10am (AEST), 13th September at L&A Social, 28 Richards Ave, Surry Hills NSW 2010. Alternate winner(s) will be notified by writing via the email address provided as part of the survey submission/entry in the Promotion on 14th September.

8. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions or engaged in any unlawful or other improper conduct in connection with the Promotion or have won a prize through fraudulent means (for example by deliberately modifying or decoding the application to reveal information which may artificially increase the ability to win). The prizes that are considered by the Promoter to have been won by fraudulent means will go back into the draw for other entrants’ access.

9. The Promoter reserves the right to amend, terminate or temporarily suspend this Promotion if, in its sole discretion, it considers it necessary to do so, subject to any written approval from a relevant regulatory authority that may be required, and save that the Promoter shall not exercise this right unreasonably.

10. 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 Investments Commission Act 2001 (Cth) or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees).

11. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter, its related bodies corporate and their respective officers, employees and agents are not responsible, and exclude all liability (including in negligence) for:

a. any direct, indirect, special or consequential loss; or

b. any loss or injury suffered or sustained, to person or property arising in any way out of or in relation to  (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is lost, late, altered, damaged or misdirected at any time, (d) any variation to the prize value from what is stated in these Terms and Conditions (e) any tax liability incurred by the entrant or a winner, (f) any use of the prizes, (g) any damage, loss or injury incurred by the entrant or any person in the act or process of submitting the entry, or (h) any act or omission, deliberate or negligent, by the Promoter, or its agents, in connection with the arrangement for supply, or the supply, of the prize.

12. In the event that prizes are required to be posted or couriered to winners, the Promoter, its related bodies corporate, agencies and prize suppliers do not accept responsibility for lost, stolen or damage to prizes in transit.

13. Each entrant agrees that he/she is fully responsible for his/her entry. To the full extent permitted by law, the Promoter excludes any liability in relation to entries submitted under this Promotion. The Promoter may remove any entry if entrants do not follow T&C’s guidelines. Entrants warrant and agree that: (a) they will not submit any entry that is unlawful or fraudulent, or that may breach any intellectual property, privacy, confidentiality or other rights, or that may be defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) their entry does not contain viruses or cause injury or harm to any person or entity; (c) any person whose personal information is provided by the entrant to the Promoter has consented to the use of such personal information (including their image or video) for and in connection with this Promotion; and (d) they consent to any use of the content provided by the entrants in response to the survey (“Content") which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights. 

14. Each entrant agrees to indemnify the Promoter, its related bodies corporate and their respective officers, employees and agents (“Indemnified Parties”) against any loss suffered by any of the Indemnified Parties arising out of or in connection with any breach of this Terms and Conditions by the entrant or a person or entity acting on behalf of the entrant. 

15. The Promotion and these Terms and Conditions are subject to the jurisdiction of the courts of New South Wales.

16. The Promoter reserves the right to request winners to provide proof of age, identity and residency at the nominated prize delivery address.

17. All entries become the property of the Promoter. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. The winner may be required to take part in reasonable publicity activities of the Promoter. The Promoter may photograph and/or film activities relating to acceptance or consumption of the prize by the winner(s). Entrants acknowledge that the Promoter has the right to use such publicity photos, videos and/or films in any medium and in any reasonable manner it sees fit without further permission from or payment to the winner(s).

18. The winner forever discharges the Promoter from all claims that the winner may have or may have had but for this release arising from or in connection with participation in this promotion and the winner’s acceptance and use of the Prize. The winner indemnifies and holds harmless the Promoter and Prize Supplier to the extent permitted by law in respect of any claim by any person arising as a result of or in connection with the winner’s participation in the promotion.

19. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such personal information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as may be required, to Australian regulatory authorities. It is a condition of entry that entrants provide the personal information requested and consent to the use of their personal information as specified in these Terms and Conditions. If an entrant does not provide the information and consent required, that entrant’s entry will be invalid. The Promoter will collect and store all personal information in accordance with all applicable privacy laws as well as its privacy policy, available at https://www.ampol.com.au/privacy-policy (“Privacy Policy”). The Privacy Policy contains information about how entrants may opt out, access, update or correct their personal information. In addition to any use that may be outlined in the Privacy Policy, the Promoter may, for a reasonable period, unless otherwise advised, use the personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. An entrant may opt out of receiving further communications of this nature from the Promoter by contacting the Promoter.