KAMCT KIVA 2014 PROMOTION
1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents aged 18 years or over who: (a) are currently connected with KAMCT on social media. Employees (and their immediate families) of the Promoter or agencies associated with this promotion are ineligible to enter. Immediate family member 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.
3. This promotion commences on 19th May 2014 and closes at 5.30pm AEST on 23rd June 2014 (“Promotional Period”).
4. To be eligible to enter, individuals must view the promotion on social media during the Promotional Period. To enter, individuals must, during the Promotional Period, complete an entry form on the Kristin Austin website as indicated on the social post including an answer to the creative question found on the website, correct answers to all the remaining questions found in the social post or the website as well as their full name, phone number and email address.
5. 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 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, tampered with the entry process including but not limited to tampering by way of use of techniques designed to avoid the payment of fax costs or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. 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.
6. Incomplete, indecipherable or illegible entries will only be accepted at the Promoter’s discretion and may be deemed invalid.
7. Only one (1) entry permitted per person.
8. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
9. The judging will take place at Level 3, 1 James Place, North Sydney NSW 2060 on the 25th of June 2014 from 12pm AEST.
10. Winners will be notified by phone.
11. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based the literary and creative merit of the 25 word or less answer provided to the creative question found on the kristinaustin.com website.
12. The Promoter’s decision is final and no correspondence will be entered into.
13. The best four (4) valid and correct entries, as determined by the judges, will each win a Kiva Card valued at $25.
14. If a prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.
15. If for any reason a winner does not redeem a prize by the time stipulated by the Promoter, then the prize will be forfeited.
16. Total prize pool is valued at $100. Prizes are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
17. Kiva is not a participant in or sponsor of this promotion.
18. Entrants agree that they are fully responsible for any materials they submit via the promotion including comments, recordings and images (“Content”). The Promoter shall not be liable in anyway for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. 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 aged under 15, 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 literary 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/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these right; 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, the entrant agrees indemnify the Promoter for any breach of the above terms.
19. As a condition of entering this promotion, each entrant agrees to assign all of their rights, title and interest (including copyright) in and to their entry (which shall include Content) to the Promoter, and to execute any documents to confirm such assignment. Entries will not be returned to any entrant.
20. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a 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.
21. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
22. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in relevant States or 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) 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 the promotion.
23. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and its affiliates (including their respective officers, employees and agents) are 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 winner or entrant; or (f) use of a prize.
24. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. In addition, the Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. Any complaints regarding the treatment of personal information should also be directed to the Promoter using the details set out in clause 25 and will be dealt with by the Promoter in accordance with its Privacy Policy. All entries become the property of the Promoter. The Promoter will not disclose any personal information overseas.
25. The Promoter is Kristin Austin Marketing Communication and Training Pty Limited (ABN 54082711894) of Level 3, 1 James Place, North Sydney, NSW 2060.
