Terms and Conditions of Eligibility– Purple Horse Mystery Santa Bag giveaway 2018
1. The Promoter is Stephné Runciman, Unit 92, 31 Langport Parade, QLD, 4213 ABN: 50 195 779 884. Telephone number 0437199034.
2. Information on how to receive a Mystery Santa Bag forms part of the terms of eligibility. Entry into the give away is deemed acceptance of these terms and conditions.
3. If there is any inconsistency between these Terms and Conditions and anything else that refers to this giveaway, these Terms and Conditions will prevail.
Who is eligible
4. Eligibility is open to anyone making a donation to the Purple Horse cause except employees and immediate families of the Promoter and their associated companies and agencies. Immediate family includes the following: spouse, ex-spouse, defacto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or first cousin.
5. The gift will only be shipped to the address provided on the donation form.
When does the giveaway commence
6. The giveaway commences on 1/10/2018 at 00:05 am AEST and concludes on 30/11/2018 at 11:55 pm AEST. Donations must be received by the Promoter prior to the giveaway close date and time.
7. The time of participation in the giveaway will in each case be the time the online donation is received by Purple Horse, not at the time of transmission by the donator.
8. The Promoter accepts no responsibility for any late, lost or misdirected transactions or delays in the delivery due to technical disruptions, network congestion or for any other reason. Transactions via the internet or computer generation and not attributable to a valid email address is invalid and will not be accepted.
How to participate
9. Donators may enter the giveaway by visiting https://purplehorse.com.au/donate and registering their details including (but not limited to) full name, address, postcode, telephone number, and e-mail address to complete their donation. The cost of accessing the promotional website will be dependent on the donator’s individual Internet Service Provider.
10. As a condition of participating, you agree to receive the regalbarn.com free email newsletter, as well as any announcements and special offers from Regal Barn associates and purplehorse.com.au
11. Participants are required to take full responsibility for the amount of their donation and for ensuring that their donation complies with the Terms and Conditions of making a donation as well as the conditions that govern this giveaway and described in this clause.
12. Any donation made on behalf of another person will be invalid unless it requires the assistance of a third party to enter due to a disability. The donator is free to give the gift away to whomever they want after they have received it at their own address that was provided on their donation form.
13. The Promoter reserves the right to disqualify any participant who tampers with the process, or who does not participate in accordance with these Terms & Conditions or who has, in the opinion of the Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter.
Number of chances permitted
14. Participants are not limited to any number of chances. Any single transaction will offer a chance to the donator to receive a giveaway. The donator can receive another consecutive chance to get a giveaway for sharing the webpage or Facebook post. Only one prize will be awarded per household.
Notification of winner
15. The mystery Santa Bags will be awarded to the first donation, the 12th donation, the 28th donation, the 34th donation, and 45th donation. Bags will only be given away until the last day of the promotion. Any bags that were not awarded will be kept for another promotion at another time. Winners will be announced via email on 1 December 2018 at 2 pm AEST from Unit 92, 31 Langport Parade, Mudgeeraba, QLD 4213.
16. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the competition result or any other decisions the Promoter makes in connection with the Promotion.
17. Winner/s of giveaways will be published on the Purple Horse website, the Purple Horse Facebook page, as well as the Purple Horse Instagram Page within 3 days of the winners being notified.
18. The gift will be awarded to the person named on the donation form. However, in a dispute, will be awarded to the account holder of the entry mechanism used to submit the entry.
19. Should an entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
20. The total gift pool value is up to $292 as at 01/10/2018. 5 donators will receive 1 x Mystery Santa Bag. The Promoter accepts no responsibility for change in gift value between now and the ultimate redemption date.
21. Gifts cannot be transferred, exchanged or redeemed for cash.
22. The 5 gifts will be shipped to the winners within 3 days of announcing them and will be shipped to the address given at the time of making the donation.
23. By donating, participants accept and acknowledge full responsibility for their decision to participate in this promotion should they be chosen as winners. The winners release the promoter and other organisers, their related bodies corporate, affiliates, officers, agents, and employees, from all liabilities, loss, and damage of any kind arising at any time out of or in connection with the acceptance of, and participation in, the prize. Without limiting the foregoing, the released parties are not liable for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind, howsoever sustained or incurred, in connection with or arising out of the prize or any other aspect of the prize. The winner acknowledges that they have been warned that there is a possibility of an accident causing injury, death or property damage in accepting the prize and that he or she may be excluded from participation in the prize if the promoter or other organisers consider that he or she is not fit to participate.
Further Terms and Conditions
24. Subject to complying with all relevant State and Territory legislation, the Promoter reserves the right to amend, cancel or suspend this promotion if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of the promotion. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
25. The Promoter Purple Horse and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
26. If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.
27. Entrants are responsible for any cost associated with accessing the promotional website. Access to that site is dependent on the Internet service provider.
28. If an entrant uses any form of software or third-party application to enter multiple times (including scripting software), organises for a third party to enter on their behalf in breach of these terms and conditions or enters using incorrect contact details, his or her entry will be deemed invalid. If such an entrant wins a prize, the entrant must immediately return the prize to the Promoter. The Promoter has sole discretion to determine whether an entrant has breached this clause. The Promoter reserves the right to request whatever documentation it deems necessary to confirm whether an entrant has breached this clause. Entrants must provide whatever documents the Promoter requires upon request.
29. If the gift is unavailable, for whatever reason, the Promoter reserves the right to substitute the gift for a gift of equal or greater value, subject to State and Territory legislation. It is a condition of accepting the gift that the winner must comply with all the conditions of use of the gift and gift supplier’s requirements. Each gift must be taken as stated and no compensation will be payable if a winner is unable to use the gift as stated.
30. The Promoter will make reasonable efforts to deliver the gifts to the addresses provided by the participants. If a gift is returned to the Promoter because it could not be delivered to the address provided, the Promoter cannot guarantee that it will be able to resend the gift to the winner. The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of the gifts.
31. The Promoter reserves the right to redraw the gift if a participant who claims to be a winner is unable to satisfy these terms and conditions.
Copyright, Statutory guarantees, Waiver and liability
32. In consideration for the Promoter awarding the gift to the winner, the winner hereby permits the winner’s submission, image and/or voice, as recorded, photographed or filmed during the winner’s participation in the giveaway to appear in connection with Purple Horse or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.
33. Each entrant hereby assigns to the Promoter all right, title and interest in and to all copyright and all moral rights in any material created or otherwise submitted to the Promoter in connection with that entrant’s entry or participation in any aspect of the gift (the Works). Each entrant warrants that the Promoter is free to use the Works (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all) and to exercise its rights in relation thereto and neither the entrant nor any third party will be entitled to any fee for such use.
34. The Promoter does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australian Consumer Law) which cannot be excluded, restricted or modified. However, the remainder of this clause will apply to the fullest extent permitted by law and the Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by entrant or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
35. 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 conditions or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
37. All entries become the property of The Promoter. All opt-in entries will be entered into a database and The Promoter may use the entrant’s names, addresses, and telephone numbers for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the entrant. By opting-in, entrants confirm that they allow their details to be used for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact The Promoter on their details set out below. Any request to update, modify or delete the entrant’s details should be directed to The Promoter.
In accordance with:
39. The Charitable and Non-Profit Gaming Act 1999, category 4