MATCHBOX PRODUCTIONS PTY LTD
‘Mustangs FC (Series 2)’ Instagram Competition
Competition Terms & Conditions
Entry into the Promotion
1. This Promotion (the “PROMOTION”) is conducted by Matchbox Productions Pty Ltd, a company registered in Australia (ABN 93 151 939 605), of Level 32, 580 George Street, Sydney NSW, 2000 (the “PROMOTER”).
2. Information on how to enter forms part of the terms of entry. Entry into the Promotion is deemed acceptance of these Terms and Conditions. If you submit an entry, or read the Terms and Conditions and thereafter take any steps howsoever with respect to submitting an entry, or otherwise participate in this Promotion, you are deemed to have accepted these Terms and Conditions.
3. The Promotion is only open to eligible entrants (the “ENTRANTS”), being individuals who are:
a) permanent residents of Australia; and
b) 13 years of age or over, or, if under the age of 13, the winner’s parent or legal guardian will have to accept the prize on his/her behalf.
The Promotion is not open to:
c) employees of the Promoter or an employee of any related corporations or agencies of the Promotor or any other company associated with the Promoter and the Promotion; or
d) a spouse, de facto spouse, parent, child or sibling (whether natural or by adoption) of such an employee.
4. Entry to the Promotion commences at 17:00hrs (AEST) on Friday 12th April 2019 and closes at 17:00hrs (AEST) on Friday 26th April, 2019 (the “PROMOTION PERIOD”).
5. Entries must be received by 17:00hrs (AEST)] on Friday 26th April, 2019. The time of entry will in each case be the time an online entry is received. The Promoter accepts no responsibility for any late, lost or misdirected entries.
6. All times and dates are times and dates in Sydney time, which will be AEST. All times are stated using the 24 hour clock. 00:00hrs is the start of a day and 24:00hrs is the end of a day.
7. To enter the Promotion and be eligible to win, Entrants must:
a) comment on the competition post on the Mustangs FC Instagram account and in 25 words or less tell us your favourite line from Mustangs FC Series 2 and why; and
b) tell us which State or Territory you reside in.
8. Only one (1) entry is permitted per person. The Promotion will primarily be advertised on the Mustangs FC Instagram account and the ABCME Instagram account
9. Each Entrant releases Instagram from and against any and all actions, proceedings, claims and demands (including without limitation for misleading or deceptive conduct or injurious falsehood) for damages, loss of profit, costs, interest, injunctive relief or other remedies arising from the Promotion.
10. The Promoter acknowledges that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. When submitting an entry, an Entrant must comply with all applicable laws and regulations and must not post, submit or transmit any video, information, image, text or other material of any kind whatsoever that violates or infringes upon the rights of any other person, including a person’s intellectual property or privacy rights, or which is unlawful, offensive, threatening, abusive, defamatory, derogatory, obscene, vulgar, profane or indecent or that is sexual or pornographic in nature. Incomplete entries will be deemed invalid.
11. The cost of accessing the promotional website will be dependent on the entrant’s individual internet service provider.
12. The Promoter reserves the right to request each winner to provide proof of identity, proof of residency at the nominated First Prize or Runner Up Prize delivery address and/or proof of entry validity in order to claim a First Prize or Runner Up Prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner does not provide the information and sign additional documentation as set out above, that winner will forfeit their prize in whole and no substitute will be offered.
13. The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms and Conditions of entry or who has, in the opinion of 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.
14. There will be eight (8) first prizes (each, severally, the “FIRST PRIZE”) to be won in this Promotion and eight (8) runner up prizes (each, severally, the “RUNNER UP PRIZE”). The First Prize winners (“FIRST PRIZE WINNERS”) will receive:
a) one (1) Mustangs FC hoodie;
b) one (1) Mustangs FC cap; and
c) one (1) pair of Mustangs FC socks.
The Runner Up Prize winners (“RUNNER UP WINNERS”) will receive one (1) Mustangs FC cap.
There will be one First Prize Winner per State and Territory and there will be one Runner Up Winner per state and territory.
15. The Total RRP value for the First Prize is up to AUD$100.00 and the total RRP value of the Runner Up Prize is up to AUD$20.00
16. Each First Prize and Runner Up Prize consist only of the elements expressly set forth above; no other elements or expenses are included in the First Prize and the Runner Up Prize and all such expenses are the sole responsibility of each First Prize Winner and Runner Up Winner.
17. The First Prize and Runner Up Prize are not transferable, non-endorsable, non-refundable or not redeemable for cash.
18. It is a condition of accepting the First Prize and the Runner up Prize that each First Prize Winner and Runner Up Winner must comply with any conditions of use of the First Prize and the Runner up Prize and the First Prize and the Runner up Prize supplier’s requirements.
19. Once each First Prize and the Runner up Prize has left the Promoter’s/supplier’s premises, the Promoter and the relevant parties will not be responsible for any delay in delivery or loss or damage to the First Prizes and the Runner up Prizes.
20. In the event that for any reason whatsoever a Prize Winner and/or Runner Up Winner does not take their prize or an element of their prize at the time stipulated by the Promoter, that prize or that element of the prize will be forfeited and the prize(s) will be redrawn.
21. If the First Prize and/or the Runner Up Prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the First Prize and/or Runner up Prize for a prize of equal or greater value.
22. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the Promotion result.
WINNERS AND AWARDING OF PRIZE
23. The draw will take place from 10:00hrs (AEST) on Monday 29th April, 2019. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or an ineligible entrant is drawn.
24. The Promoter will notify the First Prize Winner and the Runner Up Winner via private message to the Instagram account the Entrant submitted their entry with, followed by Instagram account name to be published on Mustangs FC Instagram account (“WINNER NOTIFICATION”). Each First Prize Winner and the Runner Up Winner must respond and claim their prize by emailing the Promoter at the email address provided in the Winner Notification before 17:00hrs (AEST) on Monday 6th May, 2019. The winner’s name will be published on a Mustangs Instagram account post from Wednesday 8th May, 2019.
25. A failure by a First Prize Winner or a Runner Up Winner to respond by the prescribed time and date will be treated as a forfeiture of the First Prize or Runner Up Prize by that First Prize Winner or a Runner Up Winner and that First Prize or Runner Up Prize may be withdrawn unawarded.
26. All Entrants agree to provide the Promoter or the Promoter’s authorised agent with proof of identity, residency, age and/or proof of entry validity if selected as a First Prize Winner or Runner Up Winner or if reasonably requested by the Promoter or the Promoter’s authorised agent. Proof of age, identification, residency and entry considered suitable for verification is at the sole discretion of the Promoter. In the event that a First Prize Winner or Runner Up Winner cannot provide suitable proof, that First Prize Winner or Runner Up Winner will forfeit their First Prize or Runner up Prize in whole and no substitute will be offered.
27. The First Prize or Runner up Prize will be awarded to the person named in the winning entry. However, in a dispute, will be awarded to the account holder of the entry mechanism used to submit their entry.
28. Should an Entrant’s contact details change during the Promotion 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.
29. No responsibility will be taken by the Promoter, the Promoter’s agents for the Promotion for any changes in dates, times or cancellations or other arrangements that may prevent a First Prize Winner or Runner Up Winner from winning the First Prize or Runner up Prize.
30. The Promoter reserves the right, in its absolute discretion, to disqualify:
a) any entry which, in the opinion of the Promoter, includes any objectionable content, profanity or is potentially insulting, inflammatory or defamatory; or
b) any individual who tampers with the entry process, submits an entry that is not in accordance with these Terms and Conditions or who has in the opinion of the Promoter, engaged in unlawful or improper conduct that is designed to jeopardise the fair and proper conduct of the Promotion or is generally damaging to the goodwill or reputation of the Promoter.
31. The Promoter reserves the right, in its absolute discretion, at any time before the awarding of the Prize to cancel or vary the Promotion or to vary, postpone or cancel the Promotion or award of the Prize including, without limitation, circumstances where in the Promoter’s opinion (which it shall form in its absolute discretion):
a) a First Prize Winner or Runner Up Winner does not satisfy the Promotion entry requirements; or
b) the Promoter cannot conduct the Promotion or award the First Prize and/or Runner up Prize (or a part of any First Prize and/or Runner up Prize) for any reason beyond its control.
32. In the event that the Promoter cancels or varies the Promotion or varies or withdraws the First Prize and/or Runner up Prize (or a part of any First Prize and/or Runner up Prize) it shall not:
a) be liable to any person for any costs, loss or damage (including costs, loss or damage caused by any negligence) arising out of, or in connection with, such cancellation, variation or withdrawal; or
b) be required to conduct the Promotion at any other time.
33. The Promoter and the associated agencies are not responsible for any problems or technical malfunction of any, computer on-line systems, communication networks, computer equipment, software, websites (and associated website accounts and applications), or traffic congestion on the Internet or at any website, or any combination thereof, including 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.
34. All entries become the property of the Promoter. The Promoter collects personal information about you to enable you to participate in this promotion but no further use of this information will be made without prior consent.
35. The Promoter collects Entrants’ personal information (as that term is defined in the Privacy Act 1988 (Cth) for the purpose of conducting and promoting this Promotion (including, but not limited to, determining and notifying winners). Entrants are advised that their personal information may be disclosed to State and Territory lottery departments and their names as the winner may be published as required under the relevant lottery legislation. For purposes of public statements and advertisements the Promoter will only publish the winner’s surname, initial and state. Entrants are also advised that from time to time, the Promoter may disclose your personal information to third parties (including, but not limited to, third party Prize providers) for the purpose of administering Prizes or for other purposes contemplated in these Terms and Conditions.
36. The Promotion and these Terms and Conditions are governed by the laws in force the laws of each of the relevant State authorities. Each Entrant hereby submit themselves to the exclusive jurisdiction of the courts in each of the relevant state, for the resolution of any issue, dispute or matter arising under or in connection with the Promotion and these Terms and Conditions.
37. Nothing in these Terms and Conditions is intended to exclude, restrict or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) (CCA) or any other legislation which may not be excluded, restricted or modified by agreement. If the CCA or any other legislation implies a condition, warranty or term into the Terms and Conditions or provides statutory guarantees in connection with these Terms and Conditions, in respect of goods and services supplied (if any), our liability for breach of such a condition, warranty, other term or guarantee is limited (at our election), to the extent we are able to do so: (1) in the case of supply of goods, doing any one or more of the following: (a) replacing the goods or supplying equivalent goods; (b) repairing the goods; (c) paying the cost of replacing the goods or of acquiring equivalent goods; and/or (d) paying the cost of having the goods repaired; or (2) in the case of supply of services, doing either or both of the following: (a) supplying the services again; and/or (b) paying the cost of having the services supplied again.