IMPACT DAY - Terms & Conditions

Terms and Conditions – FONZ Electric Scooter Competition (“Promotion”)

General
1. The Promoter is Pont3 (ABN:13 112 628 261) of Level 6, 333 George Street, NSW, Australia, 2000. Telephone number (02) 9282 0400. Information on how to enter and prizes forms part of the terms of entry. Entry into the Promotion is deemed acceptance of these terms and conditions. If there is any inconsistency between these terms and conditions and anything else that refers to this Promotion, these terms and conditions will prevail.
2. The Promoter collects personal information to conduct its functions, including registration processes and efficiently for events, and to provide you with requested products and services, as well as to facilitate the provision of marketing and promotion services that may be of interest to you including information from FONZ.
3. The Promoter may disclose entrants’ information to related companies, including those located outside Australia. Any of those companies may contact entrants for those purposes (including by email and SMS). The Promoter may also disclose entrants’ information to its service and content providers, including those located outside Australia.
4. If entrants do not provide the Promoter with the requested information, it may not be able to provide entrants with the competition goods and services. The Promoter may disclose entrants’ personal information to authorities if they are a prize winner or otherwise as required by law. Further information about how the Promoter manages personal information, how entrants can complain about a breach of the Australian Privacy Principles, how the Promoter will deal with a complaint of that nature, how entrants can access or seek correction of their personal information and the Promoter’s contact details can be found in the Promoter’s Privacy policy.
Who can enter?
5. Entry is open to all residents of Australia who are over the age of 18 years.
6. To take part in the competition you must be registered in the 2022 Blackmores Sydney Running Festival and have created a fundraising page and receive a $100 donation to your page on Impact Day, Tuesday 30 August 2022.
7. Directors, contractors, and employees (and immediate families) of the Promoter and of companies, suppliers and agencies associated with the Promotion are not eligible to enter the Promotion.
8. The Promoter reserves the right at its sole discretion to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity or proof of registration ownership to claim a prize. If a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

When to enter
9. Promotion opens This competition starts Tuesday 30 August 2022 at 12:00AM AEST and ends Tuesday 30 August 2022 at 11:59PM AEST. (Promotion Period). Donations must be received to the fundraising page during the Promotion Period to go into the draw to win.
10. All entries are deemed received at the time of receipt by the Promoter care of the fundraising page not at the time of transmission by the entrant.
11. Promoter accepts no responsibility for any late, lost misdirected, delayed, ineligible, incomplete or corrupted donations or delays in the delivery of donations due to technical disruptions, network congestion or for any other reason.
How to enter
12. Entrants need to receive a donation of $100 or over to their fundraising page on Impact Day (Tuesday 30 August).
Every additional donation of $100 received to a participant’s page during this 24-hour period will provide one additional entry into the draw
13. The cost of accessing the promotional website will be dependent on the entrant’s individual Internet Service Provider
14. Entrants must not:
• tamper with the entry process.
• engage in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion
• submit an entry that is not in accordance with these terms and conditions.
• use multiple email addresses, postal addresses, PO Box addresses or SIM cards to register multiple qualifying purchases or use any form of software or third-party application to enter multiple times (including scripting software) except where expressly permitted in these terms and conditions.
• use a third party (including online competition entry site) to enter on their behalf, except where the entrant needs to use those services of that third party to enter due to a disability; or
• engage in conduct in entering the Promotion which, in the opinion of Promoter, is fraudulent, misleading, deceptive, or damaging to the goodwill or reputation of the Promotion and/or Promoter.
• If an entrant is found to have breached these terms and conditions including this clause, the entrant will be disqualified so that they will have all their entries invalidated, any claim to any prize will be invalidated and where such an entrant has already been awarded a prize before being found to have breached these terms and conditions, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if these terms and conditions have been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm or deny its suspicions in this regard and any failure to provide such requested documentation to the Promoter on request gives Promoter the right to disqualify the entrant. The Promoter’s legal rights to recover damages or other compensation from any offender are reserved.
Number of Entries permitted
15. Every $100 donation made to a participant’s fundraising page during Impact Day period will allow a further entry into the draw, Maximum of one prize will be awarded.
Draw and Notification of winner
16. The winner will be the first valid entry submitted in accordance with these terms and conditions that is drawn by random computer selection at 12:00PM AEST on 1 September 2022 at Level 6, 333 George Street, NSW, Australia, 2000.
17. The Promoter’s decision is final, and the Promoter will not enter correspondence regarding the competition result or any other decisions the Promoter makes in connection with the Promotion.
18. The winner will be notified by telephone or email within two business days of the draw (4 September 2022). Winner of the prize will be published using their first initial, surname and postcode on sydneyrunningfestival.com.au by 4 September 2022 and will remain on the website for a minimum of 30 days.
19. The prize will be awarded to the person named in the winning entry.
20. If an entrant’s contact details change during the Promotion Period, the entrant must notify the Promoter. A request to access or modify any information provided in an entry should be sent to the Promoter.
21. Subject to State Regulation, an unclaimed prize draw will take place at Level 6, 333 George Street, NSW, Australia, 2000. on 4 November 2022 at 12:00PM AEST. The winner of the unclaimed prize draw will be notified by telephone or email within two days of that draw. The winner of the unclaimed prizes will be published using their first initial, surname and postcode on the sydneyrunningfestival.com.au website by 8 November 2022.
Prize on offer
22. Individual prize value is RRP $5,990 (including GST). Total prize pool value is up to $5,990 (including GST) as of 24 August 2022. One (1) winner will receive one (1) x FONZ Arthur 2 Electric Scooter (RRP $5,990)
23. Unless otherwise expressly stated, prize values are based on the recommended retail prices at the time of first publication of these terms and conditions (inclusive of GST). The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.
24. Independent financial advice should be sought as tax implications may arise because of accepting the prize.
25. Prizes cannot be transferred, exchanged, or redeemed for cash.
26. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. It is the responsibility of the winner to confirm such conditions with the prize supplier or other relevant third parties.
27. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
28. All entrants agree that if they win the prize, they will not, and their companions will not, sell or otherwise provide their story and/or photographs in relation to the taking of the prize, to any media or other organisation, without the Promoter’s prior written consent. Photographs will be allowed to be taken only at the discretion of the Promoter and the prize provider.
Further Terms and Conditions
29. If for any reason this Promotion is not capable of running as planned, including (without limitation) due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter reserves the right in its sole discretion to take any action that may be available, and (without limitation) to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.
30. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State and Territory legislation. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
31. If the prize includes attendance at an event which is cancelled for any reason beyond the control of the Promoter, including due to pandemic or epidemic or illness of a performer, the Promoter reserves the right to act under either of the previous two clauses.
32. The Promoter will make reasonable efforts to deliver prizes to the addresses provided by competition entrants. If a prize 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 prize to the prize winner. The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.
Copyright
33. In consideration of the Promoter awarding the prize to the winner, the winner permits the winner’s submission, image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with the Promoter or any of its related bodies corporate or the goods and services of any of them or the advertising or marketing of any of them, in any media whatsoever throughout the world and the winner will not be entitled to any fee.
Limitation of Liability
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 (including without limitation due to attendance at an event or travel undertaken when there is any current health warning, epidemic or pandemic declared which would apply to or could be considered to impact, effect or apply to the relevant event or travel) except for any liability which cannot be excluded by law.
35. 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.
Entry details and privacy
36. The Promoter is collecting the entrant’s personal information for the purpose of conducting this competition (including but not limited to determining the winner). If you are not willing for this to occur, you cannot participate in the promotion.
37. The Promoter collects information about entrants, including for example their name and contact details which are provided when entering this competition and when registering or using Promoter’s services and may also collect information from data houses, social media services, Promoter’s affiliates. The Promoter collects personal information to conduct its functions, including registration processes and efficiently for events, and to provide you with requested products and services, as well as to facilitate the provision of marketing and promotion services that may be of interest to you including information from FONZ.

 

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