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1) Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2) The ‘Promoter’ is Bel Castro Industries Pty Ltd ATF Engage Industries trading as Engage (ABN 98 940 858 384), 16/386 Scarborough Beach Road, Osborne Park 6017.
3) Promotion commences 12.01am AEDT on 13 November 2020 and ends at 11.59pm AEDT on 20 November 2020 (“Promotion Period”).
4) Entry is open to residents of Australia aged 15 years of age and over. Entrants under the age of 18 years must have their parent’s or guardian’s approval prior to entering this Promotion. If the winner of a prize is under 18 years of age the prize will be awarded to the entrant’s parent or guardian on their behalf.
5) Employees (and their immediate families) of the Promoter and agencies associated with this Promoter are ineligible to enter. 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.
HOW TO ENTER
6) To enter, Eligible Entrants must, during the Promotion Period, log on to
https://engageind.com/pages/callofdutycapsule , and enter all required details including but not limited to name, email address, age, state of residency, t-shirt, boxing glove & shirt sizes and submit their completed entry (Eligible Entry).
8) A maximum of one (1) entry per person will be permitted in the draw.
9) 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.
DETERMINING THE WINNERS
10) This is a game of chance. There will be three (3) draws and a total of twenty five (25) winners drawn in this Promotion. The draw will be conducted at 2.00pm AEDT on 23 November 2020 at MDSA, Level 17, 40 Mount Street North Sydney NSW 2060.
11) • The winner in Draw 1 will be the first Eligible Entry drawn from all SA eligible entries.
The winners will be notified in writing by email within 2 business days of the draw using the email address listed in their entry, and their name will be published on https://engageind.com/pages/callofdutycapsule from 30 November 2020, for a minimum of 28 days.
12) 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 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.
13) Incomplete or indecipherable entries will be deemed invalid. The same applies to early or late entries.
14) The Promoter’s decision is final and no correspondence will be entered into.
THE PRIZES
15) There are twenty five (25) Prizes to be won in this Promotion – one (1) in SA; one (1) in ACT; & twenty three (23) in NSW/Qld/Vic/Tas/WA/NT. Each limited edition prize pack includes;
The maximum retail value of each prize pack is $379.80.
Total value of all prizes in SA is $379.80
Total value of all prizes in ACT is $379.80.
Total value of all prizes in NSW/Qld/Vic/Tas/WA/NT is $3,735.40.
Total maximum prize pool value is $9,495.00.
16) Individual Terms & Conditions apply for each prize supplier. If for any reason a winner does not accept the prize (or an element of the prize) at or by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
17) Whilst all efforts will be made by the Promoter to accommodate the Winner’s preferred sizing (as indicated in their entry), exact sizing cannot be guaranteed. If any prize (or part of any prize) is unavailable, the Promoter, in their discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification. Prizes will be despatched to the winners within six (6) weeks of the Promotion close date.
18) If a winner chooses not to take their prize (or is unable to), does not meet the eligibility requirements, they forfeit the prize and the Promoter is not obliged to substitute the prize.
19) Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
20) If any Prize remains unclaimed or forfeited (through ineligibility or otherwise) as at 5:30 pm (AEDT) on 23 February 2021, a further draw for a winner/s of that Prize/s will be conducted on 2 March 2021 at the same time and place as the original draw/s (subject to any applicable law). The winner/s of that Prize/s will be notified by phone and in writing by email within 2 business days of the draw using the phone number and email address listed in their entry, and their name will be published on https://engageind.com/pages/callofdutycapsule from 9 March 2021, for a minimum of 28 days.
GENERAL
21) The Promoter and the Promoter’s agent will collect and process entrants’ personal information for the purposes of the Promotion. However, but participating in this Promotion, you consent to the Promoter using your personal information for future promotional, research and marketing purposes.
Entries remain the property of the Promoter. Details from entries and the personal information of such entrant, will be collected and used for the purposes of conducting this promotion (which may include disclosure to third parties, the Promoter’s related bodies corporate, agencies and contractors (including call centres, advertising agencies and direct mail houses) for the purpose of processing and conducting the promotion) and for promotional purposes, public statements and advertisements surrounding this promotion. For the purposes of public statements and advertisements, the Promoter will only publish the winner’s surname, first initial and state of residence. By entering this promotion entrants consent to the use of their information as described and agree that the Promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional purposes without any further reference or payment to the entrant. The Promoter is bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). A copy of the Promoter’s privacy policy can be viewed https://engageind.com/pages/privacy-policy. Entrants may access, change and/or update their personal information by contacting the Promoter in writing at info@engageind.com.
22) It is a condition of accepting the prize that the winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving the prize.
22) If the prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
23) Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
24) If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, subject to State or Territory regulation.
25) The Promoter reserves the right to extend the duration of the Promotion, subject to approval by State or Territory authorities.
26) The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant’s details (including an entrant’s identity, age and place of residence). In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable and incorrect entries or entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
27) The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
28) The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
29) The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
30) The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
31) Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
32) These conditions are governed by the laws of Australia.