16 March 2018
1. Information on how to enter the Promotion forms part of these Terms and Conditions. Participation in this Promotion is deemed acceptance of these Terms and Conditions.
2. The Promotion commences at 12pm on Friday 16th March 2018 and closes at midnight on Friday 23rd March 2018 (“Promotion Period”). All references to times recorded throughout these Terms and Conditions are a reference to the local time in Sydney, New South Wales. The promoter is Allianz Australia Insurance Limited (ABN 15 000 122 850) of Level 12, 2 Market Street, Sydney NSW 2000, telephone number 131 000 (“Promoter”).
3. Entry into the Promotion is only open to Australian residents aged 18 years or over (“Eligible Entrant”). Employees (and their immediate families) of the Promoter, and employees of agencies associated with this Promotion, are ineligible to enter the Promotion. Immediate family means any of the following: spouse, ex-spouse, de-facto 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 1st cousin.
4. The Promoter reserves the right to verify the validity of each entry (including an entrant’s identity, age and place of residence) and to disqualify any person who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of this Promotion. Further, any contact details provided incorrectly may be deemed by the Promoter as an invalid entry. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
5. To enter into this Promotion, an Eligible Entrant must, during the Promotion Period:
(a) log into their Facebook, account; and
(b) Comment on the Allianz 2018 Gold Coast Commonwealth Games Competition post, stating in 25 words or less which person inspires them and why, using the hashtag #inspirationshared, sharing a picture is optional
6. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.
7. There will be 1 prize awarded in this Promotion. The prize consists of flights, accommodation and tickets to the Opening Ceremony (7pm on Wednesday, 4 April 2018) and the Triathlon final (9:30am on Thursday, 5 April 2018), at the Gold Coast 2018 Commonwealth Games, for two adults. The total value of the prize to be awarded in this Promotion is approximately $5,500 as at 13th March 2018. The Promoter and the agencies associated with this Promotion accept no responsibility for any variation in the value of the prizes.
8. Use of the prize is subject to the terms and conditions of the prize issuer including those specified on the prize. Any ancillary costs associated with receiving or using the prize (including any booking fees) are not included.
9. There will be one judging round. Judging will take place at the Promoter’s premises at 2 Market Street, Sydney NSW 2000 at 12pm, Monday 26th March 2018. The most creative valid entry, as determined by the judges from a panel of judges from the Promoter, will receive the prize. Each entry will be individually judged based on the creative merit of their entry. The judges may select additional reserve entries which they determine to be the next most creative, and record them in order, in case of an invalid entry or ineligible entrant.
10. The Promoter will notify the prize winner in writing on Monday 26th March by Facebook Messenger used to enter the promotion. The name of the prize winner will be published on Tuesday 27th March 2018 on https://www.allianz.com.au/media/news/2018/allianz-commonwealth-games-social-promotion-terms-and-conditions. The Promoter takes no responsibility if the prize winner cannot be contacted or if the details (including postal address) provided by the prize winner are incorrect. The prizes will be sent via post, email or any other method agreed between the prize winner and the Promoter. The Promoter takes no responsibility for late, lost or misdirected mail.
11. This is a game of skill and chance plays no part in determining any prize winner. The Promoter’s decision is final and no correspondence will be entered into.
12. If for any reason a prize winner does not claim their prize by sending a response to the private message to the Promoter’s Facebook Page within 24 hours after being notified, then the prize will be forfeited and the Promoter will award the prize to the next most creative entry.
13. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal or greater value.
14. The prize is not exchangeable and cannot be taken as cash. The prize may be transferred to the prize winner’s immediate family, but cannot be transferred to other persons. No compensation will be payable if a prize winner is unable to use or redeem the prize as described. In the event of a dispute, the decision of the Promoter is final and binding and no correspondence will be entered into.
15. Each entrant agrees that they are fully responsible for any materials they submit via the Promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. Each entrant agrees to the Content being made available for public viewing. The Promoter may remove, decline to publish and/or invalidate any Content/entry without notice for any reason whatsoever, or to decline to publish, remove and/or invalidate Content/entry submitted by an entrant where an entrant’s social media profile/avatar is in the Promoter’s view offensive or is in any way in breach of the Content requirements below. Entrants warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) the Content is the original artistic work of the entrant that does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
Without limiting any other terms herein, each entrant agrees to indemnify the Promoter for any breach of the above terms by them.
16. 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.
17. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a prize winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
18. To the fullest extent permissible by law, each entrant in the Promotion (including a prize winner) and each companion of the prize winner releases the Promoter from any claim, loss, damage, expense (including any claim for legal expenses), cost or charge sustained or in any way incurred by them in connection with the prize or their participation in the Promotion. The Promoter, its related bodies corporate, officers, employees and agents will not be liable for any loss, damage or personal injury whatsoever (including but not limited to direct, indirect, consequential or economic loss) suffered or sustained by an entrant, a prize winner or their companions in connection with this Promotion, the promotion of this Promotion, or the use of any prize, except for any liability which cannot be excluded by law. Further, to the fullest extent permitted by law, the Promoter excludes liability for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or any website, or any unauthorised intervention, or any combination thereof, including any non-delivery or corruption of entries to the Promoter, injury or damage to an entrant’s or any other person’s computer related to or resulting from participation in or down-loading any materials related to this Promotion. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter into the draw repeatedly is prohibited and will render all entries submitted by that entrant invalid.
19. Any cost associated with accessing Facebook is the entrant’s responsibility and is dependent on the internet service provider used.
20. Liability for any tax (other than fringe benefits tax) arising out of participation in this Promotion (including acceptance of a prize) is the sole responsibility of the entrant. Entrants should seek independent financial advice in this regard.
21. 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”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (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 late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a prize winner or an entrant; or (f) use of any prize.
22. As a condition of accepting the prize, the prize winner (and their companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a prize winner’s companion is under the age of 18, a nominated parent / legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.
23. Privacy Notice: Entry is conditional on providing the requested personal information. By entering this Promotion, entrants consent to the retention, use and disclosure of entrants’ personal information by the Promoter in the following ways:
· for the purposes of conducting the Promotion and any matter connected to the Promotion;
· if the entrant is a prize winner of this Promotion, for publicity purposes in any media for an unlimited period without remuneration, compensation or prior notice to the entrant;
· in addition to any use that may be outlined above, sending entrants publications and communications about events, promotions, products and services. This includes distributing marketing material for goods and services offered by the Promoter, its related bodies corporate and businesses which have arrangements with the Promoter or its related bodies corporate. Entrants agree that communications may be sent to them by post, email and SMS.
The Promoter may disclose personal information to third parties for the above purposes, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. For the purpose of conducting this Promotion and sending offers and information to entrants, the Promoter will not disclose the entrant’s personal information to entities outside of Australia.